Attachment A - Draft Ordinance - Z-27-23-1.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-27-23-1) FROM IND. PK. DVAO (INDUSTRIAL
PARK, DEER VALLEY AIRPORT OVERLAY DISTRICT) TO C-3
DVAO (GENERAL COMMERCIAL, DEER VALLEY AIRPORT
OVERLAY DISTRICT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 7.91-acre property located at the southwest
corner of 19th Avenue and Quail Avenue in a portion of Section 24, Township 4 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
“IND.PK. DVAO” (Industrial Park, Deer Valley Airport Overlay District) to “C-3 DVAO”
(General Commercial, 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.
The development shall be in general conformance with the elevations date
stamped May 4, 2023, as modified by the following stipulations and approved
by the Planning and Development Department.
2.
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.
3.
A minimum of 5% of the required parking spaces shall include Electric Vehicle
(EV) Installed infrastructure, as approved by the Planning and Development
Department.
4.
All nonresidential uses over 5,000 square feet floor area shall provide one
bicycle parking space per 25 vehicle parking spaces, with a maximum of 25
spaces. Bicycle parking 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.
5.
Existing streetscape beginning at back of curb shall be replenished with the
approved landscaping and ground cover along 19th Avenue and Quail Avenue,
as approved by the Planning and Development Department.
6.
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.
7.
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.
8.
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-27-23-1
Within a portion of Section 24, Township 4 North, Range 2 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:
PARCEL 1:
LOT 31, AZTEC BUSINESS PARK, A SUBDIVISION RECORDED IN BOOK 310 OF
MAPS, PAGE 48 AND CERTIFICATES OF CORRECTION RECORDED IN
RECORDING NO. 87-384338 THROUGH 87-384341, INCLUSIVE, RECORDS OF
MARICOPA COUNTY, ARIZONA.
EXCEPT THE WEST 229 FEET.
PARCEL 2:
LOT 32, AZTEC BUSINESS PARK, A SUBDIVISION RECORDED IN BOOK 310 OF
MAPS, PAGE 48 AND CERTIFICATES OF CORRECTION RECORDED IN
RECORDING NO. 87-384338 THROUGH 87-384341, INCLUSIVE, RECORDS OF
MARICOPA COUNTY, ARIZONA.