Attachment A - Draft Ordinance - Z-59-23-4.pdf

City of Phoenix — Formal (2024-02-07)

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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 (Z-59-23-4) FROM IND. PK. (INDUSTRIAL PARK) 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 0.60-acre property located approximately 
125 feet west of the northwest corner of 31st Avenue and Virginia Avenue in a portion of 
Section 35, Township 2 North, Range 2 East, as described more specifically in Exhibit 
“A,” is hereby changed from “Ind. Pk.” (Industrial Park) 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. 
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. 
 
 
2. 
A minimum of one 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. 
 
  
3. 
Upon complete redevelopment or development that modifies the cumulative 
floor area of the proposed and existing building by more than 15% from that 
depicted on the site plan date stamped October 16, 2023, a minimum of 5% of 
the required parking spaces shall be EV Ready. 
 
 
4. 
Four bicycle spaces shall be provided on the site through Inverted U and/or 
artistic racks located near the building entrances or in a secure location inside 
the building and installed per the requirements of Section 1307.H. of the 
Phoenix Zoning Ordinance, as approved by the Planning and Development 
Department.  
 
 
5. 
All uncovered surface parking spaces shall be shaded to achieve a minimum 
50% shade with either structural shade, minimum 2-inch caliper, large canopy, 
drought-tolerant, shade trees, or a combination of the two, as approved by 
Planning and Development Department.  
 
 
6. 
The landscape area along Virginia Avenue shall be landscaped with minimum 
2-inch caliper single-trunk, large canopy, drought-tolerant, shade trees, planted 
20 feet on center or in equivalent groupings, as approved by the Planning and 
Development Department. When possible, the developer shall use existing 
trees and landscaping to meet the landscaping requirements. 
 
 
7. 
A minimum 6-foot-wide detached sidewalk separated by a minimum 8-foot-wide 
landscape strip located between the back of curb and sidewalk shall be 
provided for the north side of Virginia Avenue, as approved by the Planning and 
Development Department. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
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. 
 
 
11. 
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. 
 
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 7th day of February, 
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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-59-23-4 
  
Within a portion of Section 35, Township 2 North, Range 2 East of the Gila and Salt 
River Base and Meridian, Maricopa County, Arizona, being more particularly described 
as follows: 
 
Lot 38, WEST PHOENIX INDUSTRIAL CENTER UNIT THREE, according to Book 122 
of Maps, Page 8, records of Maricopa County, Arizona.