Attachment A - Draft Ordinance - Z-24-23-1.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-24-23-1) FROM COUNTY RU-43 (RURAL
ZONING DISTRICT – ONE ACRE PER DWELLING UNIT),
PENDING S-1 (RANCH OR FARM RESIDENCE) 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 5.17-acre property located approximately
310 feet south of the southeast corner of 19th Avenue and Park View Lane in a portion
of Section 7, Township 4 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from “RU-43” (Rural Zoning District – One Acre Per Dwelling
Unit), Pending “S-1” (Ranch or Farm Residence) 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 drought-tolerant trees, 20 feet on center or in equivalent
groupings, with five 5-gallon shrubs per tree, as approved by the Planning and
Development Department.
2.
Within the 19th Avenue right-of-way the applicant shall adhere to the Plant List
provided in the Sonoran Boulevard Development Standards for Happy Valley
Road adopted by City Council on December 18, 1996, 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 contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
4.
A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Capable infrastructure, as approved by the Planning and Development
Department.
5.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the
west side of the site adjacent to 19th Avenue 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 or modified by the Planning
and Development department.
6.
A minimum of four bicycle parking spaces shall be provided 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.
7.
A minimum of one of the required bicycle parking spaces shall include standard
electrical receptacles for electric bicycle charging capabilities, as approved by
the Planning and Development Department.
8.
A minimum of 55-feet of right-of-way shall be dedicated for the east side of 19th
Avenue. Existing streetscape beginning at back of curb shall be replenished
with the approved landscaping and trees along the east side of 19th Avenue,
as approved by the Planning and Development Department.
Shrubs, accents, and vegetative groundcovers shall be provided to achieve a
minimum of 75% live coverage at maturity along 19th Avenue.
9.
A minimum 30 feet of right-of-way shall be dedicated adjacent to the
development for the south half of Park View Lane.
10.
A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed and planted along Park View Lane with minimum 2-inch caliper
single-trunk, large canopy, drought-tolerant 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.
11.
A minimum 40 feet of right-of-way shall be dedicated adjacent to the
development for the north half of Alameda Road.
12.
A minimum 5-foot-wide detached sidewalk separated by a minimum 8-foot-wide
landscape strip located between the back of curb and sidewalk shall be
constructed and planted along Alameda Road with a minimum 2-inch caliper
single-trunk, large canopy, drought-tolerant 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.
13.
The developer shall provide 25% of the cost of the future signal at 19th Avenue
and Alameda Road to the Street Transportation Department in an escrow
account prior to preliminary site plan approval.
14.
Existing electrical utilities within the public right-of-way that are impacted/ or, to
be relocated as part of this project shall be undergrounded. Coordinate with the
affected utilities company for their review and permitting.
15.
Conduit and junction boxes shall be provided at 19th Avenue and Alameda
Road for future traffic signal equipment on the northeast corner of the
intersection.
16.
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.
17.
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.
18.
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 4th day of October,
2023.
________________________________
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-24-23-1
For APN 210-07-032A:
THE EAST 145 FEET OF LOT 13, SECTION SEVEN, TOWNSHIP FOUR NORTH,
RANGE THREE, EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA; EXCEPT ALL COAL, OIL, GAS AND OTHER
MINERAL DEPOSITS AS RESERVED IN PATENT BY THE UNITED STATES OF
AMERICA.
For APN 210-07-006A:
Lot 16, and the South 1/2 of the Southwest Quarter of the Southwest Quarter of the
Northwest Quarter of Section 7, T4N, R3E, of the GSRB&M, EXCEPT the West Forty
(40) feet thereof.
EXCEPT: The East 15.00 feet of the West 55.00 feet of Lot 16, Section 7, Township 4
North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona;
Except the North 33.00 feet thereof;
and Except the South 33.00 feet thereof.