Attachment A - Draft Ordinance - Z-40-21-7.pdf

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-40-21-7) FROM RE-43 
(ONE-FAMILY RESIDENCE DISTRICT) TO A-1 (LIGHT 
INDUSTRIAL DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, 
as follows: 
SECTION 1. The zoning of a 6.19-acre site located approximately 
1,400 feet south of the southeast corner of 69th Avenue and Van Buren Street in 
a portion of Section 12, Township 1 North, Range 1 East, as described more 
specifically in Exhibit “A,” is hereby changed from “RE-43” (One-Family Residence 
District) to “A-1” (Light Industrial 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. 
The development shall be in general conformance with the site plan date 
stamped April 6, 2022, as modified by the following stipulations, and as 
approved by the Planning and Development Department, with specific regard 
to the following: 
 
 
 
a. 
Minimum 25-foot-wide landscape setback along 67th Avenue. 
 
 
 
 
b. 
Minimum 10-foot-wide landscape setback along 69th Avenue and 
Farmer Road. 
 
 
 
 
c. 
Minimum landscape setbacks of varying width, as depicted, along 
interior property lines. 
 
 
2. 
The north and west elevations of the western building, as depicted on the site 
plan date stamped April 6, 2022, and any elevation facing a public street shall 
not contain roll-up garage doors. 
 
 
3. 
The north elevation of the western building, as depicted on the site plan date 
stamped April 6, 2022, shall not contain windows above 15 feet, where there is 
occupiable space at the window level. 
 
 
4. 
The maximum building height shall not exceed 46 feet. 
 
 
5. 
The required and stipulated landscape setbacks shall be planted with minimum 
50 percent 2-inch caliper and 50 percent 3-inch caliper size trees and five 5-
gallon shrubs per tree. Landscaping along 67th Avenue shall conform with the 
Estrella Village Arterial Street Landscaping Program landscape palette and 
landscaping standards for the village parkway of 67th Avenue in the Estrella 
Village, as approved by the Planning and Development Department. Where 
utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a 
pedestrian environment. 
 
 
6. 
All uncovered 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 area and achieve 25 
percent shade at maturity, as approved by Planning and Development 
Department. 
 
 
7. 
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. 
 
 
8. 
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 percent using 
large canopy drought-tolerant shade trees of minimum 2-inch caliper size

and/or architectural shade, as approved by the Planning and Development 
Department. 
 
 
9. 
A minimum of 10 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks dispersed throughout the site and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as 
approved by the Planning and Development Department. 
 
 
10. 
The sidewalk along 67th Avenue shall be a minimum of 5 feet in width and 
detached with a minimum 10-foot-wide landscape strip located between the 
sidewalk and back of curb and planted to the following standards, as approved 
by the Planning and Development Department. 
 
 
 
a. 
Minimum 2-inch caliper drought-tolerant shade trees that provide a 
minimum of 75 percent shade at maturity. 
 
 
 
 
b. 
Drought-tolerant vegetation to achieve 75 percent live coverage at 
maturity. 
 
 
 
 
c. 
The landscape palette and planting standards, unless otherwise 
provided herein, shall conform with the Estrella Village Arterial Street 
Landscaping Program requirements for the village parkway of 67th 
Avenue. 
 
 
 
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 developer shall dedicate 55 feet of right-of-way along the west side of 67th 
Avenue, as approved by the Planning and Development Department. 
 
 
12. 
The developer shall dedicate a 33-foot by 33-foot visibility triangle at the 
intersection of 69th Avenue and Farmer Road, as approved by the Planning 
and Development Department. 
 
 
13. 
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. 
 
 
14. 
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. 
 
 
15. 
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.

16. 
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. 
 
 
17. 
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 June, 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-40-21-7 
 
Section 12, Township 1N, Range 1E, The South 100 feet of Tract 9, 
WESTERN ACRES, according to Book 29 of Maps, page 23, records of 
Maricopa County, Arizona. 
 
Section 12, Township 1N, Range 1E, Tract 9, WESTERN ACRES, 
according to Book 29 of Maps, page 23, records of Maricopa County, 
Arizona; EXCEPT the South 100 feet thereof; and EXCEPT the North 135 
feet thereof. 
 
Section 12, Township 1N, Range 1E, The South half of Tract 12, 
WESTERN ACRES, according to Book 29 of Maps, page 23, records of 
Maricopa County, Arizona.  
 
Section 12, Township 1N, Range 1E, Tract PARCEL 10, #1: WESTERN 
ACRES, according to Book 29 of Maps, page 23, records of Maricopa 
County, Arizona, EXCEPT the North 110 feet. 
 
Section 12, Township 1N, Range 1E, North 110 feet, Tract Ten, Western 
Acres, according to the plat of record in the office of the Maricopa County 
Recorder in Book 29, page 15, of Maps, Maricopa County, Arizona.