Attachment A - Draft Ordinance - Z-23-20-8.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 ORDINANCE BY CHANGING THE ZONING DISTRICT 
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN 
(CASE Z-23-20-8) FROM S-1 (RANCH OR FARM RESIDENCE) 
TO CP/GCP (COMMERCE PARK / GENERAL COMMERCE 
PARK). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 9.81-acre site located approximately 600 feet 
north of the northwest corner of 38th Street and Southern Avenue in a portion of Section 
25, Township 1 North, Range 3 East, as described more specifically in Exhibit “A”, is 
hereby changed from “S-1” (Ranch or Farm Residence) to “CP/GCP” (Commerce Park / 
General Commerce Park). 
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 building setback of 120 feet shall be required along the west side 
of the site, exclusive of carports and shade structures other than those used 
for outdoor storage, as approved by the Planning and Development 
Department. 
 
 
2. 
The primary building entrance, on the southeast portion of the site, shall be 
in general conformance with the building rendering date stamped June 30, 
2020, with specific regard to the glass façade and architectural metal 
feature, as approved by the Planning and Development Department. 
 
 
3. 
A minimum 10-foot wide landscape setback shall be required along the 
south and west property lines, except where adjacent to non-residential 
zoning districts, as approved by the Planning and Development Department. 
 
 
4. 
Large canopy drought tolerant trees of minimum 2-inch caliper size shall be 
planted 20 feet on center or in equivalent groupings in the ordinance 
required and stipulated landscape setback areas, as approved by the 
Planning and Development Department. 
 
 
5. 
One outdoor employee resting area of no less than 400 square feet or two 
200 square feet 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 
percent using large canopy drought-tolerant shade trees of minimum 2-inch 
caliper size and/or architectural shade, as approved by the Planning and 
Development Department. 
 
 
6. 
All uncovered surface parking lot areas for customer parking and employee 
parking shall be landscaped with minimum 2-inch caliper drought-tolerant 
shade trees. Landscaping shall be dispersed throughout the parking area 
and achieve 25 percent shade at maturity, as approved by Planning and 
Development Department. 
 
 
7. 
Pedestrian walkways, including the sidewalk along 38th Street, shall be 
shaded to a minimum of 75 percent using large canopy drought-tolerant 
shade trees of minimum 2-inch caliper size at maturity and/or architectural 
shade, as approved by the Planning and Development Department. 
 
 
8. 
Clearly defined, accessible pedestrian pathways constructed of decorative 
pavers, stamped or colored concrete or another material, other than those 
used to pave the parking surfaces and drive aisles shall be provided 
connecting all building entrances and exits, and all public sidewalks utilizing

the minimum possible distance and providing the most direct route, as 
approved by the Planning and Development Department. 
 
 
 
9. 
“Secured/Covered Bicycle Facilities” shall be provided at a rate of one 
bicycle space per 50 vehicular parking spaces, up to a maximum of 20 
bicycle parking spaces. These spaces shall be provided as defined in 
Appendix K of the Comprehensive Bicycle Master Plan, and as approved by 
the Planning and Development Department. 
 
 
 
10. 
The developer shall dedicate 5 feet of right-of-way for the west half of 38th 
Street and shall improve the roadway per the requirements of the City of 
Phoenix local street standards, as approved by the Planning and 
Development Department. 
 
 
 
11. 
The developer shall improve the west side of the adjacent 38th Street cul-
de-sac with curb, gutter and sidewalk and add a scupper with associated 
handrail along the existing drainage easement, as approved by the Planning 
and Development Department. 
 
 
12. 
The developer shall construct all streets adjacent to the development with 
paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and 
other incidentals, as per plans approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility 
standards. 
 
 
13. 
Prior to issuance of building permits, the developer shall work with the 
adjacent property owner to dedicate 30 feet of right-of-way for the west half 
of 38th Street adjacent to 5900 South 38th Street, Phoenix, AZ 85040, APN 
122-76-001B. The developer shall install the corresponding paving with 
thickened edge to a total of 20 feet for the west half street for the length of 
the parcel. The Street Transportation Department, as its sole discretion, may 
waive or modify these requirements upon adequate demonstration of “good 
faith” efforts to obtain the right-of-way dedication from the adjacent property 
owner. 
 
 
14. 
The developer shall record a Notice of Prospective Purchasers of Proximity 
to Airport in order to disclose the existence and operational characteristics of 
Phoenix Sky Harbor International Airport (PHX) to future owners of the 
property. 
 
 
15. 
The developer shall provide documentation to the City prior to construction 
permit approval that Form 7460-1 has been filed for the development and 
that the development received a “No Hazard Determination” from the FAA. If 
temporary equipment used during construction exceeds the height of the 
permanent structure a separate Form 7460-1 shall be submitted to the FAA

and a “No Hazard Determination” obtained prior to the construction start 
date. 
 
 
16. 
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. 
 
 
17. 
If Phase I data testing is required, and if, upon review of the results from 
Phase I data testing, the City Archaeologist, in consultation with a qualified 
archeologist, determines such data recovery excavations are necessary, the 
applicant shall conduct Phase II archaeological data recovery excavations. 
 
 
18. 
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. 
 
 
19. 
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 16th day of September, 
2020.  
 
 
 
 
________________________________ 
 
 
 
       MAYOR  
 
 
ATTEST:

____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-23-20-8 
 
 
A portion of the Southeast Quarter of Section 25, Township 1 North, Range 3 East of 
the Gila and Salt River Base and Meridian, Maricopa County, Arizona as follows: 
The north half of the North Lot 57, Bartlett-Heard Lands, according to Book 13 of Maps, 
Page 35, records of Maricopa County, Arizona; together with 
 
The south half of the north half of Lot 57, Bartlett-Hear Lands, according to Book 13 of 
Maps, Page 35, records of Maricopa County, Arizona; except the east 25 feet thereof.