Attachment A - Draft Ordinance - Z-69-22-6.pdf

City of Phoenix — Formal (2023-10-04)

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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-69-22-6) FROM CP/GCP (COMMERCE 
PARK/GENERAL COMMERCE PARK OPTION) TO PUD 
(PLANNED UNIT DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of an approximately 29.74 acre property located 
approximately 1,300 feet north of the northeast corner of 50th Street and Chandler 
Boulevard in a portion of Section 29, Township 1 South, Range 4 East, as described 
more specifically in Exhibit “A,” is hereby changed from “CP/GCP” (Commerce 
Park/General Commerce Park option) to “PUD” (Planned Unit Development). 
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 updated Development Narrative for the Converge Logistics Center PUD 
reflecting the changes approved through this request shall be submitted to the 
Planning Department within 30 days of City Council approval of this request. 
The updated Development Narrative shall be consistent with Development 
Narrative date stamped August 11, 2023, as modified by the following 
stipulations. 
 
 
 
a. 
Update title page with the City Council adoption date. 
 
 
 
 
b. 
Page 8, C. List of Uses, 1. Permitted Uses: Update bullet point b. to “The 
basic processing and compounding of pharmaceuticals, vitamins, or 
dietary supplements.” 
 
 
 
 
c. 
Page 8. C. List of Uses, 1. Permitted Uses: Update bullet point c. to 
state the following: All manufacturing is conducted entirely within an 
enclosed building and the portion of the building devoted to the use is 
located more than 100 feet from a residential district. 
 
 
 
 
d. 
Page 8. C. List of Uses, 3. Accessory Uses: Delete bullet point b. Semi-
trailer outdoor storage. 
 
 
 
 
e. 
Page 10. D. Development Standards, Landscape Standards Table: 
Update Perimeter Property Lines-South, and West to “Evergreen 
shrubbery at 4 feet on center which will achieve a minimum 12-foot 
height upon full maturation.”  
 
 
 
 
f. 
Page 10. D. Development Standards, 3. Shade: Add the following 
sentence: “Minimum 75% shading of all internal pedestrian walkways by 
means of vegetation at maturity and/or shade structures if the 
Electronics Manufacturing use is added to the Project.”  
 
 
 
 
g. 
Remove the following from the use list and all references to the use 
throughout the PUD Narrative: Electronics manufacturing: manufacturing 
or assembly of electronics and/or locking systems, including precious 
and semi-precious metal plating as an accessory use. 
 
 
 
2.  
A 20-foot-wide public drainage easement shall be dedicated along the entirety 
of the parcel abutting the existing 30-foot-wide drainage easement and aligned 
with the proposed southern access point to 50th Street, as approved by the 
Planning and Development Department. 
 
 
3.  
The developer shall provide, at a minimum, right-of-way for a drainage channel

along a portion of the east property boundary. This channel shall connect to the 
channel proposed within the Interstate 10 right-of-way and the existing channel 
located south of the existing site. The location of this channel shall be 
consistent with drainage studies approved or accepted by the Planning and 
Development Department. If required by the Planning and Development 
Department, the applicant shall construct the channel only for that portion 
which is located outside of the ADOT right-of-way. 
 
 
4. 
A maximum of three access points shall be permitted onto 50th Street, as 
approved by the Street Transportation Department. 
 
 
5. 
The development shall conform to the recommendations approved by the 
Traffic Impact Study received May 6, 2021, as approved by the Planning and 
Development and Street Transportation Departments. 
 
 
6. 
The applicant shall submit a new Traffic Impact Study to the City if 
development plans change and are not reflective of the Traffic Impact Study 
received May 6, 2021. The developer shall be responsible for cost and 
construction of all mitigation identified through the analysis. No preliminary 
approval of plans shall be granted until the study is reviewed and approved by 
the Street Transportation Department. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
Within 60 days of City Council 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 (3 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-69-22-6 
 
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF 
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:  
A PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 4 
EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:  
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF 
SAID SECTION 29;  
THENCE NORTH 89"34°58" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE 
OF 1323.63 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER 
OF THE NORTHWEST QUARTER OF SAID SECTION 20 AND THE TRUE POINT OF 
BEGINNING OF THE HEREIN DESCRIBED PARCEL;  
THENCE NORTH 0°17°26" WEST, A DISTANCE OF 377.54 FEET;  
THENCE NORTH 89"36°45" EAST, A DISTANCE OF 1024.08 FEET TO A POINT ON 
THE WEST LINE OF AN EASEMENT FOR HIGHWAY PURPOSES AS RECORDED IN 
DOCKET 5436, PAGE 170, RECORDS OF MARICOPA COUNTY, ARIZONA;  
THENCE SOUTH 0"13°04° EAST ALONG THE WEST LINE OF SAID EASEMENT A 
DISTANCE OF 377.02 FEET TO A POINT ON THE NORTH LINE OF THE 
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29;  
THENCE SOUTH 0"14°22° EAST, ALONG THE WEST LINE OF SAID EASEMENT A 
DISTANCE OF 1325.89 FEET TO A POINT ON THE SOUTH LINE OF THE 
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29;  
THENCE SOUTH 89"36° 45" WEST ALONG THE SOUTH LINE OF THE NORTHEAST 
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE 
OF 1022.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER 
OF THE SOUTHWEST QUARTER OF SAID SECTION 29;  
THENCE NORTH 0"17°26" WEST ALONG THE WEST LINE OF THE NORTHEAST 
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE 
OF 1325.37 FEET TO THE TRUE POINT OF BEGINNING.  
EXCEPT THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 1 
SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:  
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 29;

THENCE NORTH 89 DEGREES 34 MINUTES 58 SECONDS EAST ALONG THE 
SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE 
OF 1323.63 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER 
OF THE NORTHWEST QUARTER OF SAID SECTION 29, SAID POINT ALSO BEING 
THE TRUE POINT OF BEGINNING;  
THENCE NORTH 00 DEGREES 17 MINUTES 26 SECONDS WEST, A DISTANCE OF 
377.54 FEET;  
THENCE NORTH 89 DEGREES 36 MINUTES 45 SECONDS EAST, A DISTANCE OF 
1024.08 FEET TO A POINT ON THE WEST LINE OF AN EASEMENT FOR HIGHWAY 
PURPOSES AS RECORDED IN DOCKET 5436, PAGE 170, RECORDS OF 
MARICOPA COUNTY, ARIZONA;  
THENCE SOUTH 00 DEGREES 13 MINUTES 04 SECONDS EAST ALONG THE 
WEST LINE OF SAID EASEMENT, A DISTANCE OF 377.02 FEET TO A POINT ON 
THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST 
QUARTER OF SAID SECTION 29;  
THENCE SOUTH 00 DEGREES 14 MINUTES 22 SECONDS EAST ALONG THE 
WEST LINE OF SAID EASEMENT, A DISTANCE OF 50.33 FEET;  
THENCE SOUTH 89 DEGREES 34 MINUTES 58 SECONDS WEST ALONG A LINE 
PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF THE 
SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF 1023.56 FEET TO 
A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE 
SOUTHWEST QUARTER OF SAID SECTION 29;  
THENCE NORTH 00 DEGREES 17 MINUTES 25 SECONDS WEST ALONG SAID 
WEST LINE, A DISTANCE OF 50.33 FEET TO THE TRUE POINT OF BEGINNING, 
AND EXCEPT THAT PORTION IN FINAL ORDER OF CONDEMNATION CASE NO 
CV2000-016472, RECORDED NOVEMBER 27, 2001 IN DOCUMENT NO 2001-
1104282 DESCRIBED AS FOLLOWS: 
FOR STATE HIGHWAY PURPOSES, AN ESTATE IN FEE IN AND TO THAT 
CERTAIN PARCEL OF REAL PROPERTY SITUATED IN MARICOPA COUNTY, 
ARIZONA, DESCRIBED AS FOLLOWS:  
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 
OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 4 EAST, GILA AND SALT RIVER 
MERIDIAN, MARICOPA COUNTY, ARIZONA, WHICH LIES WITHIN THE TRACT 
DESCRIBED BELOW:  
COMMENCING AT A 1 /2 INCH PIPE MARKING THE SOUTH QUARTER CORNER 
OF SAID SECTION 29, FROM WHICH A HANDHOLE WITHOUT A MONUMENT 
MARKING THE SOUTHEAST CORNER OF SAID SECTION 29 BEARS SOUTH 89" 
38° 08" EAST 2639.36 FEET, AND ALSO FROM WHICH A RAILROAD SPIKE

MARKING THE SOUTHWEST CORNER OF SAID SECTION 29 BEARS SOUTH 89" 
41° 18" WEST 2642.61 FEET;  
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID 
SECTION 29, SOUTH 89" 41° 18" WEST 150.00 FEET TO THE MEDIAN 
CONSTRUCTION CENTERLINE OF INTERSTATE HIGHWAY 10 (PHOENIX-CASA 
GRANDE HIGHWAY);  
THENCE ALONG SAID MEDIAN CONSTRUCTION CENTERLINE NORTH O° 00° 38" 
WEST 0.56 FEET; THENCE CONTINUING ALONG SAID MEDIAN CONSTRUCTION 
CENTERLINE NORTH o· 11° 05" WEST 2202.05 FEET (RECORD) NORTH 0° 06° 30" 
WEST 2215.06 FEET (MEASURED);  
THENCE LEAVING SAID MEDIAN CONSTRUCTION CENTERLINE SOUTH 89° 48° 
55" WEST 150.00 FEET (RECORD) NORTH 89° 53° 30" 162.78 FEET (MEASURED) 
TO THE EXISTING WEST RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY 
10 AND THE POINT OF BEGINNING;  
THENCE LEAVING SAID EXISTING WEST RIGHT OF WAY LINE SOUTH 3° 26° 09° 
WEST 878.85 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF 
THE SOUTHWEST QUARTER OF SECTION 29;  
THENCE ALONG SAID SOUTH LINE NORTH 89° 39° 17" EAST 55.50 FEET TO SAID 
EXISTING WEST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10;  
THENCE ALONG SAID EXISTING WEST RIGHT OF WAY LINE NORTH O° 11° 05" 
WEST 876.94 FEET TO THE POINT OF BEGINNING;  
AND EXCEPT THAT PORTION LYING WITHIN MAP OF DEDICATION FOR AHWA 
TU KEE FOOTHILLS POWER CENTER RECORDED IN BOOK 425 OF MAPS, PAGE 
33 AND AFFIDAVIT OF CORRECTION RECORDED MARCH 21, 1997 IN 
RECORDING NO. 97-0183222. APN: 301-84-002F