Attachment A - Draft Ordinance - Z-180-25-6.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-180-25-6) FROM R1-6 (SINGLE-FAMILY RESIDENCE DISTRICT), C-3 (GENERAL COMMERCIAL), AND C-2 (INTERMEDIATE COMMERCIAL) TO PUD (PLANNED UNIT DEVELOPMENT). ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning of a 3.02-acre site located at the southeast corner of 26th Street and Indian School Road in a portion of Section 26, Township 2 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from 1.51 acres of “R1-6” (Single-Family Residence District), 0.80-acres of “C-3” (General Commercial), and 0.71-acres of “C-2” (Intermediate Commercial) to “PUD” (Planned Unit Development). 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 Rio Rancho 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 August 14, 2026, as modified by the following stipulations: a. Front cover: Revise the submittal date information to add the following: City Council adopted: [Add adoption date]. b. Page 10: List of Uses, Restaurants, Bars, Taverns, and Cocktail Lounges: Indent Items (1), (2), and (3), under Item c; adjust alignment of Item e to match Item d; and delete Items f, g, and h. c. Pages 11-12: Development Standards Table: • Parcel 1, Minimum Building Setbacks: Revise superscript in the left column to “1” and delete superscript in the right column • Parcel 1, Minimum Landscape Setbacks: Revise superscript to “1” • Parcel 2, Minimum Landscape Setbacks: Add superscript “2” to the left column • Revise Footnote 1 to “The existing open patio structure is permitted within the north building and landscape setback.” d. Pages 13-14: Landscape Standards Table: • Remove superscript 1 from the header row • Eastern Boundary Landscape Standards: remove exception language • Shade Requirements: remove “public and” from the first sentence and add the following: “Enhanced shade, per the requirements of the Streetscape Standards Table.” 2. A minimum 50 feet of right-of-way shall be dedicated for the south half of Indian School Road. 3. A minimum 25 feet of right-of-way shall be dedicated for the east half of 26th Street, per the requirements established within the Rio Rancho PUD Streetscape Standards Table. 4. A minimum 30 feet of right-of-way shall be dedicated for the north half of Fairmount Avenue. 5. All mitigation improvements shall be constructed and/or funded as identified in the accepted Traffic Impact Analysis dated September 18, 2025. 6. Replace unused driveways with sidewalk, curb and gutter. Also, replace any broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets and upgrade all off-site improvements to be in compliance with current ADA guidelines. 7. 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. 8. 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. 9. 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. 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. 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 4th day of November, 2026. ________________________________ MAYOR ATTEST: _________________________ Denise Archibald, City Clerk APPROVED AS TO FORM: Julie M. Kriegh, City Attorney By: _________________________ _________________________ REVIEWED BY: _________________________ Ed Zuercher, City Manager Exhibits: A – Legal Description (1 Page) B – Ordinance Location Map (1 Page) EXHIBIT A LEGAL DESCRIPTION FOR Z-180-25-6 Lot 1: THE WEST 198 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN; MARICOPA COUNTY, ARIZONA. EXCEPT THE NORTH 40 FEET THEREOF; AND EXCEPT THE WEST 20 FEET; AND EXCEPT THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 3 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 40 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER WITH THE EAST LINE OF THE WEST 20 FEET THEREOF; THENCE SOUTHERLY ALONG SAID EAST LINE A DISTANCE OF 10 FEET; THENCE NORTHEASTERLY TO A POINT ON SAID SOUTH LINE WHICH IS 10 FEET EASTERLY FROM THE POINT OF BEGINNING; THENCE TO THE POINT OF BEGINNING. Lot 2: PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE WEST HALF OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 198 FEET; THENCE SOUTH 660 FEET; THENCE WEST 198 FEET TO THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF SAID SECTION; THENCE NORTH 660 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 198 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA.