Attachment A - Draft Ordinance - Z-146-24-4.doc
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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-146-24-4) FROM R-4A (MULTIFAMILY
RESIDENCE - GENERAL), R-5 MULTIFAMILY RESIDENCE
DISTRICT - RESTRICTED COMMERICAL), C-3 (GENERAL
COMMERICAL), AND P-1 (PASSENGER AUTOMOBILE
PARKING, LIMITED) TO C-O/G-O (COMMERCIAL OFFICE
DISTRICT, GENERAL OFFICE OPTION).
___________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.41-acre site located at the northeast corner
of Black Canyon Highway and Indianola Avenue in a portion of Section 25, Township 2
North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed
from 0.06-acres of “R-4A” (Multifamily Residence – General), 0.61-acres of “R-5”
(Multifamily Residence District – Restricted Commercial), 0.68-acres of “C-3” (General
Commercial), and 1.06 acres of “P-1” (Passenger Automobile Parking, Limited) to “C-
O/G-O” (Commercial Office District, General Office 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.
The development shall be in general conformance with the building elevations
date stamped June 26, 2025, as modified by the following stipulations and as
approved by the Planning and Development Department.
2.
Where pedestrian walkways cross a vehicular path, the pathway shall
incorporate decorative pavers, stamped or colored concrete, striping or other
pavement treatments that visually contrast parking and drive aisle surfaces, as
approved by the Planning and Development Department.
3.
A minimum of 5% of the required parking spaces shall include EV Capable
infrastructure.
4.
A minimum of six bicycle parking spaces shall be installed, as per the
requirements of Section 1307.H of the Phoenix Zoning Ordinance and as
approved by the Planning and Development Department.
a.
A minimum of 10% of the provided bicycle parking spaces shall include
standard electrical receptacles for electric bicycle charging capabilities.
b.
Bicycle parking spaces shall be shaded by a structure, landscaping, or a
combination of the two to provide a minimum of 50% shade.
5.
Landscape setbacks along the east, west, and south property lines shall be
planted with minimum 2-inch caliper trees, planted 20 feet on center, or in
equivalent groupings, with five 5-gallon shrubs per tree, as approved by the
Planning and Development Department.
6.
The landscape setbacks shall be planted with native cacti or similar spiney
desert accent plants, as approved by the Planning and Development
Department.
7.
Site lighting shall be provided at building entrances/exits, and in public
assembly and parking areas, as approved by the Planning and Development
Department.
8.
Prior to final site plan approval, documentation shall be provided that
demonstrates a commitment to participate in the Water Efficiency Checkup
program for a minimum of 15 years, or as approved by the Planning and
Development Department.
9.
All street improvements and access control along Interstate I-17 are outside of
the City of Phoenix’s jurisdiction and shall be reviewed and approved by
ADOT. Documentation of the review and approval shall be provided prior to
Preliminary Site Plan approval.
10.
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.
11.
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.
12.
Natural turf shall only be utilized for required retention areas (bottom of basin
and only allowed on slopes if required for slope stabilization) and functional turf
areas located on properties for uses such as parks and schools common areas,
as approved by the Planning and Development Department.
13.
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, or a
combination thereof.
14.
A minimum of two green stormwater infrastructure (GSI) elements for
stormwater management shall be implemented, as approved or modified by the
Planning and Development and/or Street Transportation departments. This
includes but is not limited to stormwater harvesting basins, bioswales,
permeable pavement, etc., per the Greater Phoenix Metro Green Infrastructure
and Low Impact Development Details for Alternative Stormwater Management.
15.
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.
16.
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.
17.
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.
18.
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 3rd day of September,
2025.
________________________________
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-146-24-4
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
THE WEST HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25,
TOWNSHIP 2 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA,
EXCEPT THE EAST 16 1/2 FEET; AND EXCEPT THE SOUTH 25 FEET; AND
EXCEPT BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25;
THENCE EAST, A DISTANCE OF 33.93 FEET ON THE NORTH LINE OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 25;
THENCE SOUTH 06 DEGREES 04 MINUTES 25 SECONDS WEST, TO THE SOUTH
LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25;
THENCE WEST, A DISTANCE OF 0.9 FEET TO THE SOUTHWEST CORNER OF
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25;
THENCE NORTH TO THE POINT OF BEGINNING; AND
EXCEPT BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25;
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 990.35 FEET,
TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE OF THE EXISTING
PHOENIX-CORDES JUNCTION HIGHWAY;
THENCE NORTH 06 DEGREES 04 MINUTES 25 SECONDS EAST, ALONG SAID
EXISTING EAST RIGHT OF WAY LINE, A DISTANCE OF 25.12 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 06 DEGREES 04 MINUTES 25 SECONDS EAST,
ALONG SAID EXISTING EAST RIGHT OF WAY LINE, A DISTANCE OF 174.88 FEET
TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE RELOCATED PHOENIX-
CORDES JUNCTION HIGHWAY;
THENCE SOUTH 04 DEGREES 10 MINUTES 48 SECONDS WEST, ALONG SAID
EAST RIGHT OF WAY LINE, A DISTANCE OF 174.19 FEET;
THENCE WESTERLY 5.85 FEET TO THE TRUE POINT OF BEGINNING