Attachment A - Draft Ordinance - Z-14-22-1.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-14-22-1) FROM C-2 DVAO (INTERMEDIATE
COMMERCIAL DISTRICT, DEER VALLEY AIRPORT OVERLAY
DISTRICT) AND A-1 DVAO (LIGHT INDUSTRIAL DISTRICT,
DEER VALLEY AIRPORT OVERLAY DISTRICT) TO A-1 DVAO
(LIGHT INDUSTRIAL DISTRICT, DEER VALLEY AIRPORT
OVERLAY).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 9.35-acre site located on the northeast
corner of Black Canyon Highway and Adobe Drive in a portion of Section 13,
Township 4 North, Range 2 East, as described more specifically in Exhibit “A,” is
hereby changed from 4.50 acres of “C-2 DVAO” (Intermediate Commercial
District, Deer Valley Airport Overlay District) and 4.85 acres of “A-1 DVAO” (Light
Industrial District, Deer Valley Airport Overlay District), to “A-1 DVAO” (Light
Industrial District, Deer Valley Airport Overlay).
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.
An average 30-foot-wide landscape setback shall be provided along the I-17
frontage road, as approved by the Planning and Development Department.
2.
A minimum 20-foot-wide landscape setback shall be provided along Adobe
Drive, as approved by the Planning and Development Department.
3.
All landscape improvements shall be installed with the first phase of
development.
4.
The required landscape setbacks shall be planted with minimum 50% 2-inch
caliper and 50% 3-inch caliper size trees and with five 5-gallon shrubs per tree,
as approved by Planning and Development Department.
5.
All uncovered employee and customer surface parking lot areas shall be
landscaped with minimum 2-inch caliper drought-tolerant shade trees and five
5-gallon shrubs per tree. Landscaping shall be dispersed throughout the
parking areas and achieve 25 percent shade at maturity, as approved by
Planning and Development Department.
6.
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.
7.
Two outdoor employee resting areas of no less than 400 square feet shall be
provided on site. One area shall be located along the north portion of the site
and one on the south portion of the site. The employee resting areas shall not
be located within loading and truck maneuvering areas. Each required resting
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 size, large canopy drought-tolerant shade trees and/or
architectural shade, as approved by the Planning and Development
Department.
8.
The following bicycle infrastructure shall be provided and maintained, as
described below and as approved by the Planning and Development
Department.
a.
A minimum of 10 bicycle parking spaces shall be provided through
Inverted U, artistic racks, and/or within a secure bicycle storge area. The
racks shall be located near a primary building entrance or in the central
amenity area and installed per the requirements of Section 1307.H. of
the Phoenix Zoning Ordinance. Artistic racks shall adhere to the City of
Phoenix Preferred Designs in Appendix K or the Comprehensive Bicycle
Master Plan, as approved by the Planning and Development
Department.
b.
A bicycle repair station (fix-it station) shall be provided as an employee
amenity on site. The station shall include but is not limited to: standard
repair tools affixed to the station; a tire gauge and pump; and a bicycle
repair stand which allows pedals and wheels to spin freely while making
adjustments to the bike.
9.
The west building elevation, visible from the I-17 frontage road that exceeds
100-feet in length shall contain architectural embellishments and detailing such
as textural changes, pilasters, offsets, recesses, window fenestration, shadow
boxes and overhead/canopies, as approved by the Planning and Development
Department.
10.
The sidewalk along the I-17 frontage road shall be a minimum of 5 feet in width
and detached with a minimum 10-foot-wide landscape strip located between
the sidewalk and the back of curb, planted to the following standards, as
approved or modified by the Planning and Development Department and the
Arizona Department of Transportation.
a.
Minimum 2-inch caliper drought-tolerant shade trees that provide
sidewalk shade to a minimum of 75% at maturity.
b.
Drought tolerant vegetation to achieve 75% live coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
11.
The sidewalk along Adobe Drive shall be a minimum of 5 feet in width and
detached with a minimum 5-foot-wide landscape strip located between the
sidewalk and back of curb and planted to the following standards, as approved
or modified by the Planning and Development Department.
a.
Minimum 2-inch caliper drought-tolerant shade trees that provide
sidewalk shade to a minimum of 75% at maturity.
b.
Drought tolerant vegetation to achieve 75% live coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
12.
The developer shall construct all streets within and adjacent to the
development 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.
13.
The developer shall underground existing electrical utilities withing the public
right-of-way that are impacted or require relocation as part of the project. The
developer shall coordinate with affected utility companies for review and
permitting.
14.
This parcel is in a Special Flood Hazard Area (SFHA) called Zone AH, on panel
1280M of the Flood Insurance Rate Maps (FIRM) dated September 18, 2020.
The following requirements shall apply, as approved by the Planning and
Development Department:
a.
The Architect/Engineer is required to show the floodplain boundary limits
on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3). This
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b.
A copy of the Grading and Drainage Plan shall to be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c.
Elevation Certificate (FEMA Form 086-0-33) based on construction plans
must be received and approved by Floodplain Management prior to
issuance of Grading & Drainage permit. In Zone A, a base flood
elevation determination letter (sample letter is provided by Floodplain
Management upon request) and exhibit will also be required prior to
issuance of Grading & Drainage permit.
d.
The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit. CLOMR-F and
CLOMR also requires the following compliance with Section 7 & 9 of the
Endangered Species Act (ESA).
15.
If determined necessary by the Phoenix Archeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
16.
If Phase I data testing is required, and if, upon review of the results from Phase
I data testing, the City Archeologist, in consultation with a qualified
archeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archeological data recovery excavations.
17.
In the event archeological 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 Archeologist, and allow time for the
Archeology Office to properly assess the materials.
18.
The property owner shall record documents that disclose the existence, and
operational characteristics of Deer Valley Airport to future owners or tenants of
the property. The form and content of such documents shall be according to
the templates and instructions provided which have been reviewed and
approved by the City Attorney.
19.
The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
20.
The developer shall provide a No Hazard Determination for the proposed
development from the FAA pursuant to the FAA’s Form-7460 obstruction
analysis review process, prior to construction permit approval, as per plans
approved by the Planning and Development Department.
21.
Prior to preliminary 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 1st day of July, 2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (3 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-14-22-1
APN: 209-04-036A, 209-04-038A
LOT 35, AND THE SOUTH HALF OF LOT 36, TOWNSITE OF ADOBE, STATE PLAT
11, ACCORDING TO BOOK 68 OF MAPS, PAGE 45, RECORDS OF MARICOPA
COUNTY, ARIZONA, LOCATED WITHIN THE SOUTHWEST QUARTER OF SECTION
13, TOWNSHIP 4 NORTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA.
EXCEPT 1/16 OF ALL GAS, OIL, METALS AND MINERAL RIGHTS AS RESERVED
TO STATE OF ARIZONA IN PATENT OF SAID LAND; AND
EXCEPT THAT PORTION CONVEYED TO THE STATE OF ARIZONA, BY AND
THROUGH ITS DEPARTMENT OF TRANSPORTATION, BY WARRANTY DEED
RECORDED APRIL 25, 2007, AS INSTRUMENT NO. 20070480060.
APN: 209-04-074D
A PORTION OF LOT 1, HAUGEN INDUSTRIAL A - A ONE LOT SUBDIVISION,
RECORDED IN BOOK 681 OF MAPS, PAGE 37, RECORDS OF MARICOPA
COUNTY, ARIZONA LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE ALUMINUM CAP FLUSH MARKING THE WEST QUARTER
CORNER OF SECTION 13, FROM WHICH A CITY OF PHOENIX, BRASS CAP
FLUSH MARKING THE CENTER OF SAID SECTION 13, BEARS SOUTH 89
DEGREES 56 MINUTES 42 SECONDS EAST, 2,657.04 FEET, SAID DESCRIBED
LINE BEING THE BASIS FOR THE BEARINGS OF THIS DESCRIPTION;
THENCE SOUTH 89 DEGREES 56 MINUTES 42 SECONDS EAST 1,500.22 FEET
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13,
TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 83 DEGREES 37 MINUTES 18 SECONDS WEST
23,104.32 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 01 DEGREES 14 MINUTES 28 SECONDS, AN ARC DISTANCE OF
500.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 89 DEGREES 57 MINUTES 24 SECONDS EAST, 100.86 FEET
ALONG THE NORTH LINE OF SAID LOT 1, TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 57 MINUTES 24 SECONDS EAST
363.15 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID
LOT 1;
THENCE SOUTH 00 DEGREES 24 MINUTES 35 SECONDS EAST 165.79 FEET
ALONG THE EAST LINE OF SAID LOT 1;
THENCE NORTH 89 DEGREES 57 MINUTES 24 SECONDS WEST 404.41 FEET TO
THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 17, AS RECORDED IN
DOCUMENT NO. 2007-839371;
THENCE NORTH 06 DEGREES 51 MINUTES 11 SECONDS WEST 121.67 FEET
ALONG SAID RIGHT OF WAY LINE;
THENCE SOUTH 89 DEGREES 57 MINUTES 24 SECONDS EAST 54.91 FEET;
THENCE NORTH 00 DEGREES 24 MINUTES 21 SECONDS WEST 45.00 FEET TO
THE POINT OF BEGINNING.
APN: 209-04-074E
A PORTION OF LOT 1, HAUGEN INDUSTRIAL A - A ONE LOT SUBDIVISION,
RECORDED IN BOOK 681 OF MAPS, PAGE 37, RECORDS OF MARICOPA
COUNTY, ARIZONA LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE ALUMINUM CAP FLUSH MARKING THE WEST QUARTER
CORNER OF SECTION 13, FROM WHICH A CITY OF PHOENIX, BRASS CAP
FLUSH MARKING THE CENTER OF SAID SECTION 13, BEARS SOUTH 89
DEGREES 56 MINUTES 42 SECONDS EAST, 2,657.04 FEET, SAID DESCRIBED
LINE BEING THE BASIS FOR THE BEARINGS OF THIS DESCRIPTION;
THENCE SOUTH 89 DEGREES 56 MINUTES 42 SECONDS EAST 1,500.22 FEET
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13,
TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT THE CENTER
OF WHICH BEARS SOUTH 83 DEGREES 37 MINUTES 18 SECONDS WEST
23,104.32 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 01 DEGREES 14 MINUTES 28 SECONDS, AN ARC DISTANCE OF
500.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 89 DEGREES 57 MINUTES 24 SECONDS EAST 40.86 FEET
ALONG THE NORTH LINE OF SAID LOT 1;
THENCE SOUTH 06 DEGREES 51 MINUTES 11 SECONDS EAST 167.00 FEET
ALONG THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 17 AS RECORDED
IN DOCUMENT NO. 2007-839371 TO THE POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 57 MINUTES 24 SECONDS EAST 404.41 FEET TO
THE EAST LINE OF SAID LOT 1;
THENCE SOUTH 00 DEGREES 24 MINUTES 35 SECONDS EAST 165.79 FEET
ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID
LOT 1; THENCE NORTH 89 DEGREES 57 MINUTES 24 SECONDS WEST 386.73
FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE EASTERLY RIGHT OF
WAY LINE OF SAID INTERSTATE 17 AND THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT THE CENTER OF WHICH BEARS SOUTH 84 DEGREES 56
MINUTES 21 SECONDS WEST 23,151.05 FEET;
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 00 DEGREES 05 MINUTES 09
SECONDS, AN ARC DISTANCE OF 34.74 FEET;
THENCE NORTH 06 DEGREES 51 MINUTES 11 SECONDS WEST 132.15 FEET
CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE POINT OF
BEGINNING.
APN: 209-04-040A
THOSE PORTIONS OF LOT 1, HAUGAN INDUSTRIAL A – A ONE SIBDIVISION,
RECORDED IN BOOK 681 OF MAPS, PAGE 37, RECORDS OF MARICIOPA
COUNTY, ARIZONA LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERDIAN, MARICOPA COUNTY, ARIZONA.
LOT 38 STATE PLAT 11, TOWNSITE OF ADOBE, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE MARICOPA COUNTY, ARIZONA, RECORDED IN
BOOK 68 OF MAPS, PAGE 45.