Attachment A - Draft Ordinance - Z-31-23-3.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-31-23-3) FROM S-1 SP (RANCH OR FARM
RESIDENCE, SPECIAL PERMIT) AND C-2 SP (INTERMEDIATE
COMMERCIAL, SPECIAL PERMIT) TO CP/GCP (COMMERCE
PARK DISTRICT/GENERAL COMMERCE PARK OPTION).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of an a 28.92-acre site located approximately 500
feet east of the northeast corner of 19th Avenue and Tierra Buena Lane in a portion of
Section 6, Township 3 North, Range 3 East, as described more specifically in Exhibit
“A,” is hereby changed from 28.69 acres of “S-1 SP” (Ranch or Farm Residence,
Special Permit) and 0.23-acres of “C-2 SP” (Intermediate Commercial, Special Permit)
to “CP/GCP” (Commerce Park District/General Commerce Park Option).
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.
General conformance to the site plan date stamped March 7, 2024 as it applies
to the 28-acre site that is the subject of Z-31-23-3, as modified by the following
stipulations and approved by the Planning and Development Department.
2.
Required landscape setbacks adjacent to streets shall be planted with
minimum 2-inch caliper large canopy drought-tolerant trees, 20 feet on center
or in equivalent groupings, with five 5-gallon shrubs per tree, as approved by
the Planning and Development Department.
3.
A minimum 20-foot landscaped setback shall be provided along perimeter lot
lines not adjacent to a street. This standard shall not apply if the adjacent
property is zoned C-1, C-2, C-3, A-1, A-2, commerce park. Required landscape
setbacks shall planted with 50% minimum 2-inch caliper and 50% minimum 3-
inch caliper large canopy drought-tolerant trees, 20 feet on center, or in
equivalent groupings, with five 5-gallon shrubs per tree, as approved by the
Planning and Development Department.
4.
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 contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
5.
A minimum of 2% of the required parking spaces shall include Electric Vehicle
(EV) Installed infrastructure, and a minimum of 8% of the required parking
spaces shall include EV Capable infrastructure, as approved by the Planning
and Development Department.
6.
All nonresidential uses over 5,000 square feet floor area shall provide one
bicycle parking space per 25 vehicle parking spaces, with a maximum of 25
spaces. Bicycle parking shall be provided through Inverted U and/or artistic
racks located near the front of offices and installed per the requirements of
Section 1307.H. of the Phoenix Zoning Ordinance, as approved by the
Planning and Development Department. Artistic racks shall adhere to the City
of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle
Master Plan.
7.
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.
8.
A minimum of 10% of the required shrubs, shall be a milkweed or other native
nectar species, and shall be planted in groups of three or more, as approved by
the Planning and Development Department.
9.
One outdoor employee resting area of no less than 400 square feet, or two
200-square foot areas shall be provided for each warehouse/office building 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% using minimum 2-inch caliper large canopy drought-tolerant
shade trees and/or architectural shade, as approved by the Planning and
Development Department.
10.
A minimum 6-foot-wide detached sidewalk and a minimum 10-foot-wide
landscape area shall be constructed between back of curb and sidewalk on the
east side of 19th Avenue from Turf Paradise Road to Tierra Buena Lane,
planted as follows, 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.
b.
Drought tolerant shrubs, accents, and vegetative groundcovers to
achieve a minimum of 75% live vegetative ground coverage at maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
11.
A minimum 30-feet of right-of-way shall be dedicated for the north side of Tierra
Buena Lane, as approved by the Planning and Development Department.
a.
The improvements shall be consistent with the Minor Collector cross
section and constructed with a minimum 5-foot-wide sidewalk with a
minimum 8-foot-wide landscape area between back of curb and
sidewalk, planted as follows:
(1)
Minimum 2-inch caliper single-trunk, large canopy, drought-
tolerant shade trees planted 20 feet on center or in equivalent
groupings.
(2)
Drought tolerant shrubs, accents, and vegetative groundcovers to
achieve a minimum of 75% live vegetative ground coverage at
maturity.
Where utility conflicts exist, the developer shall work with the Planning and
Development Department on an alternative design solution consistent with a
pedestrian environment.
12.
The existing traffic signal at the Phelps Road and 19th Avenue intersection
shall be fully funded and reconstructed to meet City of Phoenix standards, as
approved by the Street Transportation Department.
13.
Vehicular access shall not be permitted to Tierra Buena Lane.
14.
A Traffic Impact Study (TIS) shall be submitted to the City for this development.
No preliminary approval of plans shall be granted until the study is reviewed
and approved by the Street Transportation Department. The TIS shall include
signal warrant analysis for 19th Avenue and Grandview Road, and Tierra
Buena Lane and Greenway Parkway. If the approved TIS determines that a
signal is warranted at any of these intersections, the developer shall be
required to fund 100% of the cost and construct the signal, if the TIS does not
warrant the signal, the developer shall be required contribute 25% of traffic
signal cost in an escrow account to the Street Transportation Department. If the
signal is installed by others, the development shall be responsible for 100% of
the cost for signal relocation and/or modifications.
15.
Replace unused driveways with sidewalk and 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.
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.
17.
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.
18.
Any outdoor storage areas shall be setback a minimum of 100 feet from a
residential zoning district.
19.
Parking lot area(s) shall be landscaped per the standards of Phoenix Zoning
Ordinance §624.E.4.e, the C-3 (General Commercial) District.
20.
Noise-generating equipment, e.g. but not limited to air chillers and generators,
shall be located a minimum of 300 feet from a residential district or shall be
shielded by a building or sound mitigation wall to achieve the required noise
level.
21.
Parking lot and security lighting shall not exceed a maximum height of 15 feet
including lamp, pole, and base within 200 feet of a residential district.
22.
All on-site lighting shall be shielded to prevent direct visibility of the light source
from adjacent property.
23.
Lighting shall be shielded with cut-off fixtures and deflectors to direct light
downward and limit on-site lighting levels to a maximum of one foot candle at
the property line.
24.
Signage shall be subject to approval of a comprehensive sign plan per the
Phoenix Zoning Ordinance §705.E.2.
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 April, 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-31-23-3
A PARCEL OF LAND LYING WITHIN A PORTION OF THE WEST HALF OF SECTION
6, TOWNSHIP 3 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
SECTION DATA PER TURF PARADISE MARKETPLACE AS RECORDED IN BOOK
846, PAGE 4, RECORDS OF MARICOPA COUNTY, ARIZONA.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6 FROM
WHICH THE SOUTHWEST CORNER OF SAID SECTION 6 BEARS NORTH 89°56'54"
WEST, A DISTANCE OF 2509.05 FEET;
THENCE NORTH 00°15'13" EAST, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 6, A DISTANCE OF 2641.07 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 89°57'48" WEST, A DISTANCE OF 132.49 FEET;
THENCE SOUTH 10°29'14" EAST, A DISTANCE OF 335.80 FEET;
THENCE SOUTH 58°49'45" WEST, A DISTANCE OF 636.09 FEET;
THENCE NORTH 36°32'07" WEST, A DISTANCE OF 11.61 FEET;
THENCE SOUTH 50°12'53" WEST, A DISTANCE OF 427.41 FEET;
THENCE SOUTH 68°10'11" WEST, A DISTANCE OF 118.23 FEET;
THENCE NORTH 63°55'20" WEST, A DISTANCE OF 149.88 FEET;
THENCE SOUTH 83°29'21" WEST, A DISTANCE OF 31.42 FEET;
THENCE SOUTH 39°09'52" WEST, A DISTANCE OF 177.01 FEET;
THENCE SOUTH 00°55'30" WEST, A DISTANCE OF 277.13 FEET;
THENCE NORTH 89°57'21" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF
OF THE SOUTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 690.16
FEET;
THENCE NORTH 00°22'22" EAST, A DISTANCE OF 741.52 FEET;
THENCE NORTH 44°21'42" EAST, A DISTANCE OF 332.06 FEET;
THENCE NORTH 74°58'19" EAST, A DISTANCE OF 139.20 FEET TO A POINT OF
NON-TANGENT CURVATURE, CONCAVE NORTHEASTERLY WHOSE RADIUS IS
265.85 FEET AND WHOSE CHORD BEARS SOUTH 29°57'20” EAST A CHORD
DISTANCE OF 136.96 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 29°51'18” AN ARC LENGTH OF 138.53 FEET;
THENCE SOUTH 44°52'59" EAST, A DISTANCE OF 127.33 FEET TO A POINT OF
CURVATURE, CONCAVE NORTHEASTERLY WHOSE RADIUS IS 238.05 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 45°04'46” AN ARC LENGTH OF 187.29 FEET;
THENCE NORTH 89°59'52" EAST, A DISTANCE OF 209.06 FEET TO A POINT OF
CURVATURE, CONCAVE NORTHWESTERLY WHOSE RADIUS IS 236.51 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 45°04'14” AN ARC LENGTH OF 186.05 FEET;
THENCE NORTH 45°00'19" EAST, A DISTANCE OF 1212.96 FEET;
THENCE SOUTH 44°52'59" EAST, A DISTANCE OF 485.83 FEET;
THENCE NORTH 89°57'48" WEST, A DISTANCE OF 242.45 FEET TO THE POINT
OF BEGINNING.
SAID DESCRIPTION CONTAINING 28.88 ACRES±.