Attachment A - Draft Ordinance - Z-49-22-1-2.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-49-22-1-2) FROM A-1 SP DVAO (LIGHT 
INDUSTRIAL DISTRICT, SPECIAL PERMIT, 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 DISTRICT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 7.36-acre property located at the southwest 
corner of 7th Street and Pinnacle Peak Road in a portion of Sections 16 and 17, 
Township 4 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby 
changed from 2.20 acres of “A-1 SP DVAO” (Light Industrial District, Special Permit, 
Deer Valley Airport Overlay District) and 5.16 acres of “A-1 DVAO” (Light Industrial 
District, Deer Valley Airport Overlay District), to “A-1 DVAO” (Light Industrial District, 
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. 
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the 
south side of Pinnacle Peak Road and a minimum 10-foot-wide multi-use trail 
(MUT) shall be constructed within the easement in accordance with the MAG 
supplemental detail and as approved by the Planning and Development 
Department. Where conflicts or restrictions exist, the developer shall work with 
the Site Planning Section on an alternative design through the technical appeal 
process. 
 
 
2. 
The property owner shall record a Notice of Prospective Purchasers of 
Proximity to Airport in order to disclose the existence, and operational 
characteristics of Deer Valley Airport to future owners and tenants of the 
property. The form and contents of such documents shall be according to the 
templates and instructions provided which have been reviewed and approved 
by the City Attorney.  
 
 
3. 
If determined necessary by the Phoenix Archaeology 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 Archaeologist prior to 
clearing and grubbing, landscape salvage, and/or grading approval. 
 
 
4. 
If Phase I data testing is required, and if, upon review of the results from the 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archaeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
5. 
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. 
 
 
6. 
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 12th day of October, 
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-49-22-1-2 
 
 
Lot 9, of Pinnacle Peak Industrial, recorded in the official records of Maricopa County, 
Arizona as book 1016 of maps, page 23. Located in the Northeast Quarter of Section 
17, Township 04 North, Range 03 East of the Gila and Salt River Base Meridian, 
Maricopa County, Arizona.