Attachment A - Draft Ordinance - Z-85-22-7.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 ZONING ORDINANCE BY CHANGING THE ZONING 
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED 
HEREIN (CASE Z-85-22-7) FROM R-3 (MULTIFAMILY 
RESIDENCE DISTRICT) AND R-5 (MULTIFAMILY 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 7.21-acre site located approximately 630 feet 
south of the southeast and southwest corners of 28th Avenue and Lincoln Street in a 
portion of Section 11, Township 1 North, Range 2 East, as described more specifically 
in Exhibit “A,” is hereby changed from 4.79 acres of “R-3” (Multifamily Residence 
District) and 2.42 acres of “R-5” (Multifamily 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. 
Upon site plan approval and permit issuance of any new building(s) or 
structure(s) on the site not currently shown on the site plan date stamped 
January 16, 2024, that results in a net increase of more than: 1) 4,500 square 
feet within Zone A, 2) 500 square feet in Zone B, 3) 500 square feet within 
Zone C, or 4) 500 square feet within Zone D, as shown on the Development 
Zone exhibit, dated April 30, 2024,  the following shall apply: 
 
 
 
a. 
Only landscape materials listed in the Phoenix Active Management Area 
Low-Water-Use/Drought-Tolerant Plan List shall be utilized, as approved 
or modified by the Planning and Development Department. 
 
 
 
 
b. 
Landscaping shall be maintained by permanent and automatic/water 
efficient WaterSense labeled irrigation controllers (or similar smart 
controller) to minimize maintenance and irrigation water consumption for 
all on and offsite landscape irrigation. 
 
 
 
 
c. 
Pressure regulating sprinkler heads and drip lines shall be utilized in any 
turf areas to reduce water waste. 
 
 
 
 
d. 
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 at maturity, or a combination thereof. 
 
 
 
 
e. 
A minimum of two green infrastructure (GI) techniques for stormwater 
management shall be implemented per the Greater Phoenix Metro 
Green Infrastructure and Low-Impact Development Details for 
Alternative Stormwater Management, as approved or modified by the 
Planning and Development Department. 
 
 
 
 
f. 
Bicycle parking shall be provided, consistent with Section 1307.H of the 
Phoenix Zoning Ordinance. 
 
 
 
 
g. 
A minimum of 5 percent of the required parking shall be EV Capable. 
 
 
2. 
A minimum 20-foot landscape setback shall be provided along 28th Avenue 
and 29th Avenue, except where in conflict with existing structures.

3. 
A minimum 10-foot landscape setback shall be provided where adjacent to a 
residential zoning district. 
 
 
4. 
All required street landscape setbacks shall be planted with minimum 2-inch 
caliper, single trunk, drought-tolerant shade trees, as approved by the Planning 
and Development Department. Where utility conflict exists, the developer shall 
work with the Planning and Development Department on alternative design 
solutions consistent with a pedestrian environment. 
 
 
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. 
The developer shall dedicate minimum 5 feet of right-of-way totaling 30 feet 
and construct the east side of 29th Avenue, as approved by the Planning and 
Development Department. 
 
 
7. 
The developer shall dedicate minimum 10 feet of right-of-way totaling 30 feet 
and construct the west side of 28th Avenue, as approved by the Planning and 
Development Department. 
 
 
8. 
The developer shall dedicate minimum 10 feet of right-of-way, totaling 30 feet 
and construct the east side of 28th Avenue, as approved by the Planning and 
Development Department. 
 
 
9. 
The developer shall construct all streets within and adjacent to the 
development 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. 
 
 
10. 
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. 
 
 
11. 
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. 
 
 
12. 
Each individual Development Zone, per the Development Zones exhibit date 
stamped April 30, 2024, shall be treated separately for purposes of satisfying 
applicable stipulations of approval.

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 1st day of July, 2024.  
 
 
 
 
________________________________ 
 
 
 
       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 (2 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-85-22-7 
 
THAT PROPERTY AS DESCRIBED IN DOCUMENT #2018-0029068, OFFICIAL 
RECORDS OF MARICOPA COUNTY, ARIZONA AND ALL OF LOTS 15, 16, & 18, 
THE NORTH HALF OF LOT 31 AND A PORTION OF LOT 17 AND LOT 32 OF WEST 
ACRES AS RECORDED IN BOOK 10, PAGE 21, OFFICIAL RECORDS OF 
MARICOPA COUNTY, ARIZONA, BEING A PART OF THE SOUTHEAST QUARTER 
OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 2 EAST OF THE GILA AND SALT 
RIVER MERIDIAN. 
 
PART A: 
COMMENCING AT A BRASS CAP FLUSH MARKING THE INTERSECTION OF 
LINCOLN STREET AND 28TH AVENUE, FROM WHICH A BRASS CAP FLUSH 
MARKING THE INTERSECTION OF LINCOLN STREET AND 27TH AVENUE BEARS 
SOUTH 88°56'42” EAST, A DISTANCE OF 649.93 FEET AND ALSO FROM WHICH A 
BRASS CAP FLUSH MARKING THE INTERSECTION OF LINCOLN STREET AND 
29TH AVENUE BEARS NORTH 88°56'42” WEST, A DISTANCE OF 650.88 FEET; 
THENCE SOUTH 01°05'58” EAST, ALONG THE MONUMENT LINE OF 28TH 
AVENUE, A DISTANCE OF 645.20 FEET TO A BRASS CAP FLUSH MARKING THE 
NORTH LINE OF SAID WEST ACRES; SAID POINT BEING REFERENCE POINT “A” 
THENCE SOUTH 89°01'00” EAST, ALONG SAID NORTH LINE, A DISTANCE 20.01 
FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY AS DESCRIBED IN 
SAID DOCUMENT #2018-0029068, AND THE POINT OF BEGINNING; 
THENCE NORTH 01°05'58” WEST, A DISTANCE OF 74.05 FEET TO THE 
NORTHWEST CORNER OF SAID DOCUMENT; 
THENCE SOUTH 89°01'00” EAST, ALONG THE NORTH LINE OF SAID DOCUMENT, 
A DISTANCE OF 306.25 FEET; 
THENCE SOUTH 01°13'52” EAST, A DISTANCE OF 74.06 FEET TO THE 
NORTHEAST CORNER OF LOT 16 OF SAID WEST ACRES; 
THENCE SOUTH 01°13'03” EAST, ALONG THE EAST LINE OF SAID LOT 16, A 
DISTANCE OF 161.39 FEET TO THE NORTHEAST CORNER OF LOT 15 OF SAID 
WEST ACRES; 
THENCE CONTINUING SOUTH 01°13'03” EAST, ALONG THE EAST LINE OF SAID 
LOT 15, A DISTANCE OF 161.40 FEET TO THE SOUTHEAST CORNER OF SAID 
LOT 15; 
THENCE NORTH 89°02'14” WEST, ALONG THE SOUTH LINE OF SAID LOT 15, A 
DISTANCE OF 297.24 FEET TO THE SOUTHEAST CORNER OF A 10.00 FEET 
EXCEPTION AS DESCRIBED IN DOCUMENT # 2012-1182697; 
THENCE NORTH 01°04'12” WEST, ALONG THE EAST LINE OF SAID DOCUMENT, A 
DISTANCE OF 80.71 FEET; 
THENCE NORTH 89°01'55” WEST, ALONG THE NORTH LINE OF SAID EXCEPTION, 
A DISTANCE OF 10.01 FEET TO THE SOUTHWEST CORNER OF THE NORTH 
HALF OF SAID LOT 15;

THENCE NORTH 01°04'12” WEST, ALONG THE EAST RIGHT-OF-WAY OF 28TH 
AVENUE, A DISTANCE OF 80.72 FEET; 
THENCE SOUTH 89°01'37” EAST, A DISTANCE OF 10.01 FEET TO THE 
SOUTHEAST CORNER OF RIGHT-OF-WAY PER DOCKET 3664, PAGE 422, 
OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA; 
THENCE NORTH 01°04'12” WEST, ALONG THE EAST LINE OF SAID DOCKET, A 
DISTANCE OF 161.43 FEET; 
THENCE NORTH 89°01'00” WEST, A DISTANCE OF 10.01 FEET TO THE POINT OF 
BEGINNING. 
SAID DESCRIPTION CONTAINING 2.737 ACRES± OR 119,236 SQUARE FEET± 
 
PART B: 
TOGETHER WITH: 
COMMENCING AT REFERENCE POINT “A”, THENCE NORTH 89°01'00” WEST, A 
DISTANCE OF 20.01 FEET TO THE NORTHEAST CORNER OF LOT 17 OF SAID 
WEST ACRES AND THE POINT OF BEGINNING; 
THENCE SOUTH 01°04'12” EAST, ALONG THE EAST LINE OF SAID LOT 17, A 
DISTANCE OF 161.44 FEET TO THE NORTHEAST CORNER OF LOT 18 OF SAID 
WEST ACRES; 
THENCE SOUTH 01°04'12” EAST, ALONG THE EAST LINE OF SAID LOT 18, A 
DISTANCE OF 161.44 FEET TO THE SOUTHEAST CORNER OF SAID LOT 18; 
THENCE NORTH 89°02'23” WEST, ALONG THE SOUTH LINE OF SAID LOT 18, A 
DISTANCE OF 307.76 FEET TO THE SOUTHWEST CORNER OF SAID LOT 18; 
THENCE NORTH 00°56'30” WEST, A DISTANCE OF 80.75 FEET TO THE 
SOUTHEAST CORNER OF THE NORTH HALF OF LOT 31 OF SAID WEST ACRES; 
THENCE NORTH 89°02'03” WEST, A DISTANCE OF 302.58 FEET TO THE 
SOUTHWEST CORNER OF THE NORTH HALF OF SAID LOT 31; 
THENCE NORTH 00°48'46” WEST, ALONG THE EAST RIGHT-OF-WAY OF 29TH 
AVENUE, A DISTANCE OF 242.31 FEET TO THE NORTHWEST CORNER OF LOT 
32 OF SAID WEST ACRES; 
THENCE SOUTH 89°01'00” EAST, ALONG THE NORTH LINE OF SAID WEST 
ACRES, A DISTANCE OF 609.08 FEET TO THE POINT OF BEGINNING. 
SAID DESCRIPTION CONTAINING 3.95 ACRES± OR 172,426 SQUARE FEET±