Attachment A - Draft Ordinance - Z-163-24-7.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-163-24-7) 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 1.25 acre site located approximately 770 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 November 15, 2024, the following shall apply:
a.
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.
b.
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.
c.
Bicycle parking shall be provided, consistent with Section 1307.H of the
Phoenix Zoning Ordinance.
d.
A minimum of 10% of the required bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities.
e.
A minimum of 5 percent of the required parking shall be EV Installed.
f.
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.
A minimum 5-foot wide landscape setback shall be provided along the east
perimeter, as approved by the Planning and Development Department.
4.
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.
5.
Pressure regulating sprinkler heads and drip lines shall be utilized in any turf
areas to reduce water waste.
6.
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.
7.
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.
8.
All mitigation improvements shall be constructed and/or funded as identified in
the accepted Traffic Impact Analysis dated January 22, 2025.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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 4th day of June, 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-163-24-7
APN: 104-09-018
The following real property situate in Maricopa County, Arizona
The South 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 Maps, Page 23.
Gross Acreage: 1.16
Section: 12
Township: 1N
Range: 1E