Attachment A - Draft Ordinance - Z-36-26-1.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-36-26-1) FROM S-1 DVAO (RANCH OR FARM
RESIDENCE, DEER VALLEY AIRPORT OVERLAY) TO CP/GCP
DVAO (COMMERCE PARK DISTRICT/GENERAL COMMERCE
PARK OPTION, DEER VALLEY AIRPORT OVERLAY).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 5.20-acre site located approximately 450 feet
south of the southwest corner of 15th Avenue and Whispering Wind Drive in a portion of
Section 7, Township 4 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from “S-1 DVAO” (Ranch or Farm Residence, Deer Valley
Airport Overlay) to “CP/GCP DVAO” (Commerce Park District/General Commerce Park
Option, Deer Valley Airport Overlay).
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.
Landscape areas 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.
A minimum of 25% of the employee/customer surface parking areas shall be
shaded, as approved by the Planning and Development Department. Shade
may be achieved by structures or by minimum 2-inch caliper, drought-tolerant,
shade trees, or a combination thereof.
3.
All bicycle infrastructure and pedestrian pathways, including sidewalks, shall be
shaded by a structure, landscaping, or a combination of the two to provide a
minimum of 75% shade, as approved by the Planning and Development
Department.
4.
One outdoor employee resting area of no less than 400 square feet or two 200-
square-foot areas shall be provided on site. Each required pedestrian area shall
include a minimum of two pedestrian seating benches, constructed of quality
and durable materials, and shaded to a minimum of 75% using minimum 2-inch
caliper large canopy drought-tolerant shade trees and/or architectural shade, as
approved by the Planning and Development Department.
5.
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 contrasts parking and drive aisle surfaces, as
approved by the Planning and Development Department.
6.
A minimum of 10% of the required parking spaces shall include Electric Vehicle
(EV) Capable infrastructure, as approved by the Planning and Development
Department.
7.
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.
8.
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.
9.
Right-of-way for 15th Avenue shall be dedicated and constructed to meet the
minimum Minor Collector F cross‑section standards, in accordance with design
plans approved by the Street Transportation Department. Right-of-way
dedications from adjacent parcels may be required to accommodate the 15th
Avenue design to avoid the exiting power poles.
10.
Prior to preliminary site plan approval, design plans for the off-set alignment of
15th Avenue shall include connecting to existing improvements north of the
subject site, as approved by the Street Transportation Department.
11.
A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-wide
landscape area shall be constructed on the west side of 15th Avenue, or as
approved by the Street Transportation Department, and planted as follows:
a.
Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant,
shade trees, planted 20 feet on center, or in equivalent groupings.
b.
Drought-tolerant shrubs, accents, and vegetative groundcovers
maintained to with a maximum mature height of two feet to achieve a
minimum of 50% live coverage.
Where utility conflicts arise, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
12.
All mitigation improvements shall be constructed and/or funded as identified in
the accepted Traffic Impact Analysis dated October 30, 2025.
13.
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.
14.
A minimum of two green stormwater infrastructure (GSI) elements for
stormwater management shall be implemented, as approved or modified by the
Planning and Development and/or Street Transportation departments. This
includes but is not limited to stormwater harvesting basins, bioswales,
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure
and Low Impact Development Details for Alternative Stormwater Management.
15.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the City of Phoenix Business
Water Efficiency Program for a minimum of 10 years, or as approved by the
Planning and Development Department.
16.
Natural turf shall only be utilized for required retention areas (bottom of basin,
and only allowed on slopes if required for slope stabilization) and functional turf
areas, as approved by the Planning and Development Department.
17.
A leak detection device shall be installed for the irrigation system of landscape
areas larger than 10,000 square feet.
18.
Any wet-cooling systems shall be designed and installed per the standards in
the latest adopted version of the International Green Construction Code
(IGCC).
19.
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.
20.
Prior to final 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 9th day of September
2026.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Ed Zuercher, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-36-26-1
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 4
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, AS DESCRIBED IN THE WARRANTY DEED
DOCUMENT 2021-1278121, RECORDS OF MARICOPA COUNTY, ARIZONA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7, MARKED
BY A FOUND 3’’ CITY OF PHOENIX BRASS CAP IN HANDHOLE DOWN 0.60",
FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 7 BEARS
SOUTH 00 DEGREES 05 MINUTES 58 SECONDS EAST, (BASIS OF BEARINGS)
A DISTANCE OF 2,644.32 FEET, SAID WEST QUARTER CORNER BEING
MARKED BY A FOUND CITY OF PHOENIX BRASS CAP FLUSH;
THENCE NORTH 89 DEGREES 18 MINUTES 50 SECONDS EAST, ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A
DISTANCE OF 2,647.16 FEET TO THE NORTH QUARTER CORNER OF SAID
SECTION 7, BEING MARKED BY A FOUND 3’’ MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION BRASS CAP FLUSH FROM WHICH THE
CALCULATED POSITION OF THE CENTER SECTION OF SAID SECTION 7
BEARS SOUTH 01 DEGREES 40 MINUTES 17 SECONDS WEST, A DISTANCE
OF 2,644.02 FEET;
THENCE SOUTH 01 DEGREES 40 MINUTES 17 SECONDS WEST, ALONG THE
EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE
OF 1,322.01 FEET TO THE NORTHEAST CORNER OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 7, SAID CORNER BEING THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 01 DEGREES 40
MINUTES 17 SECONDS WEST, A DISTANCE OF 330.50 FEET TO THE
SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER:
THENCE LEAVING SAID EAST LINE, SOUTH 89 DEGREES 16 MINUTES 50
SECONDS WEST, A DISTANCE OF 684.54 FEET TO THE SOUTHWEST
CORNER OF THE SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTH 01 DEGREES 11 MINUTES 19 SECOND EAST, A DISTANCE
OF 330.48 FEET TO THE NORTHWEST CORNER OF THE SAID NORTH HALF
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER:
THENCE NORTH 89 DEGREES 17 MINUTES 14 SECONDS EAST, A DISTANCE
OF 687.33 FEET TO THE NORTHEAST CORNER OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 7, AND THE TRUE POINT OF BEGINNING.
THIS PARCEL CONTAINS 226,534 SQ. FT. (5.201 ACRES) OF LAND MORE OR
LESS.