Attachment A - Draft Ordinance - Z-8-19-8.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-8-19-8) FROM S-1 BAOD (FARM OR RANCH 
RESIDENCE, BASELINE AREA OVERLAY DISTRICT) TO PUD 
BAOD (PLANNED UNIT DEVELOPMENT, BASELINE AREA 
OVERLAY DISTRICT). 
 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 14.81-acre site located approximately 550 
feet east of the southeast corner of 32nd Street and Southern Avenue in a portion of 
Section 36, Township 1 North, Range 3 East, as described more specifically in Exhibit 
“A”, is hereby changed from “S-1 BAOD” (Farm or Ranch Residence, Baseline Area 
Overlay District) to “PUD BAOD” (Planned Unit Development, Baseline Area Overlay 
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. 
An updated Development Narrative for the ELS PUD reflecting the changes 
approved through this request shall be submitted to the Planning and 
Development Department within 30 days of City Council approval of this 
request. The updated Development Narrative shall be consistent with the 
Development Narrative date stamped September 26, 2019, as modified by the 
following stipulations: 
 
 
 
a. 
Front Cover: Revise the submittal date information to add the City 
Council adoption date. 
 
 
 
 
b. 
Page 3, Project Overview and Goals: Replace references to Exhibits 1A 
and 1B with Exhibit 1. 
 
 
 
 
c. 
Page 4, Land Use Plan, 1st paragraph: Add BAOD design standards to 
5th sentence in the paragraph. 
 
 
 
 
d. 
Page 5, Land Use Plan 3rd paragraph: Replace second sentence with 
the following verbiage: “This has been the established pattern of 
landscape activities on the property for many decades, with the 
expectation that this general distribution will continue until there is a 
decision to redevelop and or expand portions of these permitted land 
uses, at which time an application for Site Plan approval or Major 
Amendment to the PUD will be processed. 
 
 
 
 
e. 
Page 7, Permitted Accessory Uses – South Half: Add an additional 
standard requiring a 50 foot setback from the east property line for 
green waste mulching and an additional standard requiring a 150 foot 
setback from residential uses for plant material container fabrication. 
 
 
 
 
f. 
Page 8, Existing Facilities: Update verbiage to indicate that future 
improvements will comply with development standards of both MUA and 
BAOD. 
 
 
 
 
g. 
Page 9, Development Standards Table: Remove sentence above table 
that reads “This table shall apply to all new improvements / projects on 
the property.” 
 
 
 
 
h. 
Page 12, Perimeter Fencing: Relocate this paragraph to the Design

Guidelines Section and remove sentence that reads “The fencing along 
the east, south and west sides will retain the existing chain link fencing, 
which is admittedly just functional.” 
 
 
 
 
i. 
Page 13, Design Guidelines, 2nd paragraph: Add BAOD for inclusion in 
design guidelines base standards. 
 
 
 
 
j. 
Page 15, Lighting Standards: Add reference to standards contained in 
MUA and Section 704 of the Phoenix Zoning Ordinance. 
 
 
 
 
k. 
Exhibits 4 and 5: Remove references to chain link fencing. 
 
 
 
 
l. 
Exhibit 8: Update Comparison of Development Standards Table to 
standards contained in the Development Narrative and remove 
references to accessory building standards. 
 
 
 
 
m. 
Update all pages in the PUD narrative that reference the side and rear 
landscape setbacks to conform to the landscape exhibits date stamped 
November 5, 2020. 
 
 
2. 
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. 
 
 
3. 
The property owner shall record a Notice to Prospective Purchasers of 
Proximity to Airport in order to disclose the existence, and operational 
characteristics of City of Phoenix Sky Harbor International Airport (PHX) to 
future owners or tenants of the property. The form and content of such 
documents shall be according to the templates and instructions provided which 
have been reviewed and approved by the City Attorney. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
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.

7. 
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 2nd day of December 
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-8-19-8 
 
Within a portion of Section 36, Township 1 North, Range 3 East of the Gila and Salt 
River Base and Meridian, Maricopa County, Arizona, being more particularly described 
as follows: 
 
That portion of Lot 41 of BARTLETT-HEARD LANDS according to Book 13 of Maps, 
Page 35, records of Maricopa County Arizona, being more particularly described as 
follows; 
 
BEGINNING at the Southwest corner of said 41 (1/2” rebar with cap 26404); thence 
North 0 Degrees 01 Minutes 53 Seconds East along the West line of said Lot 41 a 
distance of 1287.43 feet to a point on the South line of the North 33.00 feet of said Lot 
41 (mag nail w/tag 26404); thence North 89 Degrees 30 Minutes 50 Seconds East 
along said South line a distance of 444.53 feet to a point on the East line of the West 
115.43 feet of the East half of said Lot 41 (mag nail w/tag 26404);  thence South 0 
Degrees 01 Minutes 58 Seconds West along said East line a distance of 7.00 feet to a 
point on the South line of the North 40.00 feet of said Lot 41 (mag nail w/tag 26404);  
thence North 89 Degrees 30 Minutes 50 Seconds East along last said South line a 
distance of 49.46 feet to a point on the East line of the West 164.89 feet of the said East 
half of Lot 41 (1/2” rebar w/cap 26404); thence South 0 Degrees 01 Minutes 58 
Seconds West along last said East line a distance of 1280.81 feet to a point on the 
South line of said Lot 41 (1/2” rebar w/cap 26404); thence South 89 Degrees 33 
Minutes 31 Seconds West along last said South line a distance of 493.96 feet to the 
POINT OF BEGINNING. 
 
Containing 14.59 acres, more or less