Attachment A - Draft Ordinance - Z-21-23-1.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-21-23-1) FROM C-1 DVAO (NEIGHBORHOOD 
RETAIL, DEER VALLEY AIRPORT OVERLAY DISTRICT) AND C-
2 HGT/WVR DVAO (INTERMEDIATE COMMERCIAL, HEIGHT 
WAIVER, 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 5.63-acre site located approximately 325 feet 
north of the northwest corner of Black Canyon Highway and Deer Valley Road in a 
portion of Section 13, Township 4 North, Range 2 East, as described more specifically 
in Exhibit “A,” is hereby changed from 1.86 acres of “C-1 DVAO” (Neighborhood Retail, 
Deer Valley Airport Overlay District) and 3.77 acres of “C-2 HGT/WVR DVAO” 
(Intermediate Commercial, Height Waiver, 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. 
 
 
An average 9-foot (minimum 5-foot) wide landscape setback shall be provided 
along the north perimeter of the site (Louise Drive), as approved by the 
Planning and Development Department. 
 
 
2. 
An average 9-foot (minimum 5-foot) wide landscape setback shall be provided 
along the west perimeter of the site (26th Avenue), as approved by the 
Planning and Development Department. 
 
 
3. 
A minimum of 4 bicycle parking spaces shall be provided through Inverted U 
and/or artistic racks located near the building entrance 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. 
 
 
4. 
A minimum of 10% of the required parking spaces shall be EV Ready. 
 
 
5. 
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. 
 
 
6. 
Right-of-way totaling 30 feet shall be dedicated for the east half of 26th Avenue, 
as approved by the Planning and Development Department. 
 
 
7. 
Right-of-way totaling 30 feet for the south half of Louise Drive with a half 50-
foot radius cul-de-sac shall be dedicated at its termination, as approved by the 
Planning and Development Department. 
 
 
8. 
An 18-foot x 18-foot right-of-way triangle shall be dedicated at the southeast 
corner of 26th Avenue and Louise Drive, as approved by the Planning and

Development Department. 
 
 
9. 
A sidewalk easement shall be dedicated on the east side of 26th Avenue and 
south side of Louise Drive, as approved by the Planning and Development 
Department. 
 
 
10. 
A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-wide 
landscape strip located between the back of curb with minimum 2-inch caliper 
single-trunk, large canopy, drought-tolerant shade trees planted 20 feet on 
center or in equivalent groupings and sidewalk shall be constructed along 26th 
Avenue and Louise Drive, as approved by the Planning and Development 
Department. 
 
 
 
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. 
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 6th day of September, 
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 
 
WITHIN A PORTION OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 2 EAST OF 
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, 
ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 
 
APN: 209-04-048C 
LOT 46, TOWNSITE OF ADOBE, STATE PLAT NO. 11, ACCORDING TO BOOK 68 
OF MAPS, PAGE 45, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE 
WEST 40 FEET THEREOF; AND EXCEPT THAT PART OF SAID LOT 46 LYING 
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: 
 
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE 
SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF 
SECTION 13, TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT 
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, WHICH IS 
EASTERLY 998.06 FEET FROM THE SOUTHWEST CORNER THEREOF; 
 
THENCE NORTH 33 DEGREES 16 MINUTES 19 SECONDS EAST, A DISTANCE OF 
397 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID NORTH 
HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST 
QUARTER AND THE TERMINUS POINT OF THIS DESCRIPTION; AND ALSO 
EXCEPT 1/16TH OF ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED 
UNTO THE STATE OF ARIZONA IN PATENT TO SAID LAND. 
 
APN: 209-04-051A 
PARCEL NO. 1: 
ALL OF LOT 49 AND THE WEST 40 FEET OF LOT 46, TOWNSITE OF ADOBE, 
STATE PLAT NO. 11, ACCORDING TO BOOK 68 OF MAPS, PAGE 45, RECORDS 
OF MARICOPA COUNTY, ARIZONA. 
EXCEPT 1/16 OF ALL GAS, OIL, METAL AND MINERAL RIGHTS AS RESERVED 
UNTO THE STATE OF ARIZONA IN PATENT TO SAID LAND. 
 
PARCEL NO. 2: 
A STRIP OF LAND 20 FEET IN WIDTH, ADJOINING THE EAST LINE OF LOT 49, 
STATE PLAT NO. 11 TOWNSITE OF ADOBE, ACCORDING TO BOOK 68 OF MAPS, 
PAGE 45, RECORDS OF MARICOPA COUNTY, ARIZONA, AND LYING BETWEEN 
THE EASTERLY PROLONGATIONS OF THE NORTH AND SOUTH LINES OF SAID 
LOT 49, AS SET FORTH IN RESOLUTION 20455 RECORDED IN DOCUMENT 
NO. 20070072644.