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