Attachment A - Draft Ordinance - Z-51-24-1.pdf

City of Phoenix — Formal (2024-09-04)

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ATTACHMENT A 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP 
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF 
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-51-24-1) FROM S-1 DVAO (RANCH OR FARM 
RESIDENCE, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO 
CP/GCP DVAO (COMMERCE PARK DISTRICT/GENERAL 
COMMERCE PARK OPTION, DEER VALLEY AIRPORT 
OVERLAY DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 6.49-acre site located approximately 710 feet 
east of the northeast corner of 19th Avenue and Parkview Lane in a portion of Section 
7, Township 4 North, Range 3 East, as described more specifically in Exhibit “A,” is 
hereby changed from “S-1 DVAO” (Ranch or Farm Residence, Deer Valley Airport 
Overlay District) to “CP/GCP DVAO” (Commerce Park District/General Commerce Park 
option, Deer Valley Airport Overlay District). 
SECTION 2. The Planning and Development Director is instructed to 
modify the Zoning Map of the City of Phoenix to reflect this use district classification 
change as shown in Exhibit “B.”

SECTION 3. Due to the site’s specific physical conditions and the use 
district applied for by the applicant, this rezoning is subject to the following stipulations, 
violation of which shall be treated in the same manner as a violation of the City of 
Phoenix Zoning Ordinance: 
1. 
Required landscape setbacks shall be planted with minimum 2-inch caliper, 
large canopy, shade trees, planted 20 feet on center or in equivalent 
groupings, with five 5-gallon shrubs per tree, as approved by the Planning and 
Development Department. 
 
 
2. 
One outdoor employee resting area of no less than 400-square feet or two 200-
square foot areas shall be provided on site. Each required pedestrian area 
shall include a minimum of two pedestrian seating benches, constructed of 
quality and durable materials, and shaded to a minimum of 75% using 
minimum 2-inch caliper, large canopy, shade trees, and/or architectural shade, 
as approved by the Planning and Development Department.   
 
 
3. 
Where pedestrian walkways cross a vehicular path, the pathway shall be 
constructed of decorative pavers, stamped or colored concrete, or other 
pavement treatments that visually contrasts parking and drive aisle surfaces, 
as approved by the Planning and Development Department. 
 
 
4. 
A minimum of two bicycle parking spaces shall be provided for each building 
through Inverted U and/or artistic racks located near the front office and 
installed per the requirements of Section 1307.H. of the Phoenix Zoning 
Ordinance, as approved by the Planning and Development Department. Artistic 
racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of 
the Comprehensive Bicycle Master Plan. 
 
 
5. 
A minimum of one of the required bicycle parking spaces for each building shall 
include standard electrical receptacles for electric bicycle charging capabilities, 
as approved by the Planning and Development Department. 
 
 
6. 
A minimum of 5% of the required parking spaces shall include Electric Vehicle 
(EV) Capable infrastructure, as approved by the Planning and Development 
Department. 
 
 
7. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro Green 
Infrastructure and Low-Impact Development Details for Alternative Stormwater 
Management, as approved or modified by the Planning and Development 
Department.

8. 
Only landscape materials listed in the Phoenix Active Management Area Low-
Water-Use/Drought-Tolerant Plant List shall be utilized, as approved or 
modified by the Planning and Development Department. 
 
 
9. 
Landscaping shall be maintained by permanent and automatic/water efficient 
WaterSense labeled irrigation controllers (or similar smart controller) to 
minimize maintenance and irrigation water consumption for all on and offsite 
landscape irrigation. 
 
 
10. 
Pressure regulating sprinkler heads and drip lines shall be utilized in any turf 
areas to reduce water waste. 
 
 
11. 
A minimum of 25% of the surface parking areas shall be shaded, as approved 
by the Planning and Development Department. Shade may be achieved by 
structures, by minimum 2-inch caliper, large canopy, shade trees, or a 
combination thereof. 
 
 
12. 
Prior to final site plan approval, documentation shall be provided that 
demonstrates a commitment to participate in the City of Phoenix Business 
Water Efficiency Program for a minimum of 10 years, or as approved by the 
Planning and Development Department. 
 
 
13. 
A minimum of 30 feet of right-of-way shall be dedicated and constructed for the 
north half of Park View Lane, adjacent to the development, as approved by the 
Planning and Development Department.  
 
 
14. 
A minimum 6-foot-wide detached sidewalk separated by a minimum 8-foot-wide 
landscape strip located between the back of curb and sidewalk shall be 
constructed along the north side of Park View Lane, adjacent to the 
development, and planted with minimum 2-inch caliper, single-trunk, large 
canopy, shade trees, planted 20 feet on center, or in equivalent groupings. 
Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on an alternative design solution consistent with a 
pedestrian environment. 
 
 
15. 
All existing overhead utilities within the public right-of-way shall be 
undergrounded, adjacent to the development. The developer shall coordinate 
with the affected utility companies for their review and permitting. 
 
 
16. 
Unused driveways shall be replaced with sidewalk, curb, and gutter. Also, any 
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets 
shall be replaced and all off-site improvements shall be upgraded to be in 
compliance with current ADA guidelines. 
 
 
17. 
All streets within and adjacent to the development shall be constructed with 
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,

landscaping and other incidentals, as per plans approved by the Planning and 
Development Department. All improvements shall comply with all ADA 
accessibility standards. 
 
 
18. 
In the event archaeological materials are encountered during construction, the 
developer shall immediately cease all ground-disturbing activities within a 33- 
foot radius of the discovery, notify the City Archaeologist, and allow time for the 
Archaeology Office to properly assess the materials. 
 
 
19. 
Prior to final site plan approval, the landowner shall execute a Proposition 207 
waiver of claims form. The waiver shall be recorded with the Maricopa County 
Recorder's Office and delivered to the City to be included in the rezoning 
application file for record. 
 
SECTION 4. If any section, subsection, sentence, clause, phrase or 
portion of this ordinance is for any reason held to be invalid or unconstitutional by the 
decision of any court of competent jurisdiction, such decision shall not affect the validity 
of the remaining portions hereof.  
PASSED by the Council of the City of Phoenix this 4th day of September, 
2024.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
By: 
_________________________

_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-51-24-1 
 
PARCEL NO. 1:  
EXHIBIT A  
THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST 
QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4 NORTH, 
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA 
COUNTY, ARIZONA;  
EXCEPTING ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS, AS SET 
FORTH IN THE PATENT OF SAID LAND; AND  
EXCEPTING ALL URANIUM, THORIUM OR ANY OTHER MATERIAL WHICH IS OR 
MAY BE DETERMINED TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF 
FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, 
PURSUANT TO THE PROVISIONS OF THE ACT OF AUGUST 1, 1946 (60 STAT. 
755), AS SET FORTH IN THE PATENT OF SAID LAND.  
PARCEL NO. 2:  
THE EAST HALF OF THE SOUTH HALF OF LOT 10, SECTION 7, TOWNSHIP 4 
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA.  
EXCEPT ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS IN THE LAND, AS 
RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA.  
PARCEL NO.: 210-07-015 and 210-07-033E