Attachment A - Draft Ordinance - Z-35-25-7.doc
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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-35-25-7) FROM RE-43 (ONE-FAMILY
RESIDENCE) 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 2.13-acre site located approximately 554 feet
south of the southeast corner of 69th Avenue and Van Buren Street in a portion of
Section 12, Township 1 North, Range 1 East, as described more specifically in Exhibit
“A,” is hereby changed from “RE-43” (One-Family Residence) 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.
Upon complete redevelopment or development that increases the cumulative
floor area of the building by more than 15% from that depicted on the site plan
date stamped June 16, 2025, the following shall apply:
a.
The site plan and elevations shall be presented for review and comment
to the Estrella Village Planning Committee prior to preliminary site plan
approval.
b.
A minimum 5-foot-wide landscape setback shall be provided along the
north perimeter, as approved by the Planning and Development
Department.
c.
One outdoor employee resting area of no less than 300 square feet shall
be provided on site. The pedestrian area shall include a minimum of one
pedestrian seating bench or a table with 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.
d.
A minimum of 25% of uncovered employee and customer surface
parking lot 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.
e.
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.
f.
A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities.
g.
A minimum of 5% of the required parking shall be EV Installed.
h.
Any wet-cooling systems shall be designed and installed per the
standards in the latest version of the International Green Construction
Code (IGCC).
2.
The maximum building height shall be 40 feet.
3.
Bicycle parking shall be provided, consistent with Section 1307.H of the
Phoenix Zoning Ordinance.
4.
A minimum 5-foot wide landscape setback shall be provided along the east
perimeter, as approved by the Planning and Development Department.
5.
Landscape areas shall be planted with minimum 2-inch caliper, large canopy,
drought-tolerant, shade trees planted 25 feet on center, or in equivalent
groupings, as approved by the Planning and Development Department. Where
utility conflicts exist, the developer shall work with the Planning and
Development Department on alternative design solutions consistent with a
pedestrian environment.
6.
Pressure regulating sprinkler heads and drip lines shall be utilized in any turf
areas to reduce water waste.
7.
Where pedestrian walkways cross a vehicular path, the pathway shall
incorporate decorative pavers, stamped or colored concrete, striping or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
8.
A minimum 30-foot right-of-way shall be dedicated and constructed on the east
side of 69th Avenue. Construction shall include a minimum 5-foot-wide
sidewalk on the east side of 69th Avenue, adjacent to the development.
9.
All mitigation improvements shall be constructed and/or funded as identified in
the accepted Traffic Impact Analysis dated November 22, 2024.
10.
Replace unused driveways with sidewalk, curb, and gutter. Also, replace any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and
upgrade all off-site improvements to be in compliance with current ADA
guidelines.
11.
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.
12.
If determined necessary by the Phoenix Archaeology Office, the applicant shall
conduct Phase I data testing and submit an archaeological survey report of the
development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval.
13.
If Phase I data testing is required, and if, upon review of the results from the
Phase I data testing, the City Archaeologist, in consultation with a qualified
archaeologist, determines such data recovery excavations are necessary, the
applicant shall conduct Phase II archaeological data recovery excavations.
14.
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.
15.
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 3rd day of September,
2025.
________________________________
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-35-25-7
Within a portion of Section 12, Township 1 North, Range 1 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described
as follows:
Parcel No.1:
The North half of Tract 5, of WESTERN ACRES, according to the plat of record in the
office of the County Recorder of Maricopa County, Arizona, recorded in Book 29 of Map
Page 23.
Parcel No. 2:
The South 107.5 feet of the West 330 feet of the East 1004 feet of the North 660 feet of
the Northeast quarter of Section 12, Township 1 North, Range 1 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona.