Attachment A - Draft Ordinance - Z-80-26-2.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-80-26-2) FROM RE-35 (SINGLE-FAMILY RESIDENCE DISTRICT) TO A-1 (LIGHT INDUSTRIAL DISTRICT). ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning of a 5.02-acre site located at the southwest corner of 28th Street and Rose Garden Lane in a portion of Section 23, Township 4 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from “RE-35” (Single-Family Residence District) to “A-1” (Light Industrial 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. A minimum 25-foot landscape setback shall be provided along Rose Garden Lane and a minimum 10-foot landscape setback shall be provided along 28th Street, as approved by the Planning and Development Department. 2. Landscape areas shall be planted to the following standards, as approved by the Planning and Development Department. a. Minimum 2-inch caliper, large canopy, drought-tolerant, shade trees, planted 20 feet on center, or in equivalent groupings. b. A minimum of five, 5-gallon drought-tolerant shrubs per tree, and a mixture of drought-tolerant shrubs, accents, and vegetative groundcovers, evenly distributed throughout the landscape areas to achieve a minimum of 50% live coverage. 3. A minimum of 25% of the 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. 4. All bicycle parking spaces 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. 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. 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 resting 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. 7. A minimum of 5% of the required parking spaces shall include Electric Vehicle (EV) Installed infrastructure, as approved by the Planning and Development Department. 8. A minimum of 10% of the required fleet truck parking spaces shall include Electric Vehicle (EV) Capable infrastructure, as approved by the Planning and Development Department. 9. A minimum of 6 bicycle parking spaces shall be provided per the requirements of Section 1307.H.6 of the Phoenix Zoning Ordinance through Inverted U and/or artistic racks located near building entries and installed per the requirements of Section 1307.H of the Phoenix Zoning Ordinance. Artist racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan. 10. A minimum of 10% of the required bicycle parking spaces shall include standard electrical receptacles for electric bicycle charging capabilities, as approved by the Planning and Development Department. 11. All mitigation improvements shall be constructed and/or funded as identified in the accepted Traffic Impact Analysis dated April 9, 2026. 12. A minimum 5-foot-wide detached sidewalk, separated by a minimum 8-foot- wide landscape area located between the back of curb and sidewalk, shall be constructed on the south side of Rose Garden Lane and shall comply with the following standards, as approved by the Planning and Development Department. a. Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, shade trees, planted 20 feet on center, or in equivalent groupings, planted on both sides of sidewalk to achieve a minimum of 75% shade. b. A mixture of drought-tolerant shrubs, accents, and vegetative groundcovers, maintained to a maximum height of three feet (excluding accents), evenly distributed throughout the landscape areas to achieve a minimum of 75% live coverage. 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. A minimum 5-foot-wide detached sidewalk separated by a minimum 5-foot-wide landscape area along the west side of 28th Street, as approved by the Planning and Development Department. a. Minimum 2-inch caliper, single-trunk, large canopy, drought-tolerant, shade trees, planted 20 feet on center, or in equivalent groupings, planted on both sides of sidewalk. b. A mixture of drought-tolerant shrubs, accents, and vegetative groundcovers, maintained to a maximum height of three feet (excluding accents), evenly distributed throughout the landscape areas. Where utility conflicts exist, the developer shall work with the Planning and Development Department on an alternative design solution consistent with a pedestrian environment. 14. All existing electrical utilities within the public right-of-way shall be underground, adjacent to the development. The developer shall coordinate with the affected utility companies for their review and permitting. 15. Replace unused driveways with sidewalk, curb and gutter. Also, replace any broken or out-of-grade curb, gutter, sidewalk, curb ramps on all streets and upgrade all off-site improvements to be in compliance with current ADA guidelines. 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. 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. 18. 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. 19. 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. 20. A leak detection device shall be installed for the irrigation system of landscape areas larger than 10,000 square feet. 21. Any wet-cooling systems shall be designed and installed per the standards in the latest adopted version of the International Green Construction Code (IGCC) [or State equivalent code]. 22. 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. 23. 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 7th day of October, 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 (1 Page) B – Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR Z-80-26-2 LOT 11, MOHAWK PARK, BOOK 58 OF MAPS, PAGE 48, OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER, LOCATED WITHIN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 23, BEING A FOUND IRON BAR & ILLEGIBLE CAP, FROM WHICH THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SAID SECTION 23, BEING A 3/4" IRON BAR, BEARS SOUTH 00°20'00" EAST A DISTANCE OF 1324.96 FEET. THENCE SOUTH 00°20'00" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 23, A DISTANCE OF 39.75 FEET; THENCE SOUTH 89°40'00" WEST, A DISTANCE OF 40.00 FEET TO A FOUND REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 11 AND THE POINT OF BEGINNING; THENCE SOUTH 00°20'00" EAST, ALONG THE EAST LINE OF SAID LOT 11, A DISTANCE OF 622.49 FEET TO A FOUND REBAR & CAP RLS 14145 MARKING THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTH 89°59'54" WEST, ALONG THE SOUTH LINE OF SAID LOT 11, A DISTANCE OF 290.02 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE NORTH 00°19'55" WEST, ALONG THE WEST LINE OF SAID LOT 11, A DISTANCE OF 622.58 FEET, TO A FOUND REBAR & CAP RLS 34399 MARKING THE NORTHWEST CORNER OF SAID LOT 11; THENCE SOUTH 89°58'43" EAST, ALONG THE NORTH LINE OF SAID LOT 11, A DISTANCE OF 290.01 FEET TO THE POINT OF BEGINNING.