Attachment A - Draft Ordinance - PHO-1-25--Z-20-17-2.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 STIPULATIONS APPLICABLE TO REZONING APPLICATION Z-20-17-2 PREVIOUSLY APPROVED BY ORDINANCE G-6484. ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning stipulations applicable to the site located at approximately 1,420 feet west of the northwest corner of North Valley Parkway and Bronco Butte Trail in a portion of Section 14, Township 5 North, Range 2 East, as described more specifically in Exhibit A and depicted in Exhibit B, are hereby modified to read as set forth below. STIPULATIONS: 1. All sidewalks shall be detached with a minimum five-foot wide landscaped strip located between the sidewalk and back of curb and shall include minimum two-inch caliper shade trees planted a minimum of 20 feet on center or equivalent groupings along both sides of the sidewalk, ADJACENT TO APN 204-12-980, as approved by the Planning and Development Department. The landscape strip shall be installed by the developer and maintained by property owner. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 2. The developer shall construct all streets within and adjacent to APN 204-12- 980 the development 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. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 3. 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. 4. The east and west pedestrian connection (Paseo del Prado) shall be provided in accordance with the North Gateway Core Plan, as modified by the following stipulations and approved by the Planning and Development Department (THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE): a. The Paseo del Prado shall align with the Bronco Butte Tank and continue through the site to the west. b. A pedestrian access easement of 20 feet shall be dedicated for the pedestrian connection (Paseo del Prado). of the 20 feet, 12 feet shall remain completely free of any pedestrian impediments, including benches. The remaining 8 feet may be used for pedestrian friendly uses such as restaurant seating, vendor stalls, artist displays, etc. c. A minimum of 50% of the 20-foot pedestrian access easement for the Paseo del Prado shall be shaded by a structure, landscaping or a combination of the two. d. The site shall be designed in such a manner that the building placement creates an alignment and synergy for the Paseo del Prado. This can be achieved by placing active uses such as outdoor seating, restaurants and retail along the pedestrian path. 5. All pedestrian pathways, including those that intersect vehicular traffic lanes, shall be constructed with decorative pavers, stamped or colored concrete, or another material other than those used to pave the parking surfaces and drive aisles, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 6. The use of artificial turf is prohibited in areas visible from public right-of-way or parking lots, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 7. Turf shall only be used in active retention basins, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 8. All retention areas shall be natural and organic in shape, as approved by the Planning and Development Department. 9. The hotel development shall be in general conformance with the elevations date stamped April18, 2018, with specific regard to the massing, articulation, window placement and building entry, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 10. The color and material palette for the buildings shall be determined at site plan review and shall comply with the North Black Canyon Overlay District, with specific regard to colors being muted and blend with, rather than contrast strongly, with the surrounding desert environment, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 11. The glazing on all building windows shall have a maximum reflectivity of 20%, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 12. All service areas must be screened to conceal trash containers, recycling containers, loading docks, transformers, backflow preventers and other mechanical and or electrical equipment from eye level adjacent to all public streets and private drives, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 13. A minimum landscape setback of 10 feet shall be required along property lines that are not adjacent to public right-of-way and planted in accordance with C-2 planting size and spacing standards, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 14. The Bronco Butte Water Tank shall be fully preserved, in place, as it naturally occurs and shall be identified on all site plan documents through permitting to ensure preservation. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 15. View corridors of Bronco Butte, Pyramid Peak, Union Hills and No Name Mountain, as shown on Exhibit B in the North Gateway Core Plan, shall be retained through building placement and step backs, as approved by the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 16. Maximum building height shall be limited to 60 feet. The maximum square footage of the sports arena shall be 180,000 square feet and the maximum square footage of the hotel shall be 60,000 square feet. Any request to increase building height or building square footage beyond the stipulated height and square footages shall not be approved unless all of the following occur (THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE): a. A water report is submitted to and approved by the Water Services Department which demonstrates that sufficient water capacity exists or is being provided by the developer of this parcel; b. A wastewater report is submitted to and approved by the Water Services Department which demonstrates that sufficient wastewater capacity exists or is being provided by the developer of this parcel; and c. A traffic study is submitted to and approved by the Street Transportation Department which demonstrates that street improvements (existing and/or proposed) are sufficient to serve the site. 17. Sufficient right-of-way for a collector shall be dedicated ADJACENT TO APN 204-12-980 for the extension of Bronco Butte Trail as necessary to establish an alignment to tie into the current terminus at the Bronco Tank and transition to a half-street where the alignment is able to assume an alignment at the north property line for the extension of Bronco Butte Trail west to the 29th Avenue alignment, unless an alternative route is approved or modified by the Street Transportation Department and the Planning and Development Department. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 18. Any construction of a sewer force main, intended as a temporary sewer solution for the subject property, must be designed and constructed in a manner that minimizes the impacts to truck circulation (as necessary to maintain traffic flow to and from the W.L. Gore campus at the Bronco Butte driveway for a WB-67 vehicle). THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 19. Prior to the approval of the offsite paving plans for the project, the developer shall update the restriping plan for the intersection of North Valley Parkway and Bronco Butte Trail. The restriping plan shall be in general conformance to the restriping plan date stamped June 28, 2018, as approved by the Street Transportation Department and the Planning and Development Department. The developer shall be responsible for all improvements. The developer shall provide documentation that the restriping plan was submitted to W.L. Gore prior to submittal of off-site paving plan. THIS STIPULATION SHALL ONLY APPLY TO THE FULL BUILD OUT OF THE SITE AND NOT FOR THE CONSTRUCTION OF THE WIRELESS COMMUNICATIONS FACILITY ON THE NORTHEAST CORNER OF THE SITE. 20. Prior to final site plan approval, the developer shall work with the adjacent property owners to update the Sonoran Foothills PCD Street Master Plan to address the following for the intersection of North Valley Parkway and Bronco Butte Trail, as approved or modified by the Street Transportation Director and the Planning and Development Director as outlined in a forthcoming letter addressing the following: a. Planned roadway and striping improvements b. Identify existing contributions to the traffic signal infrastructure c. Clarify responsibilities for future traffic infrastructure 21. 20. The developer shall notify the following individuals by mail 15 days prior to any preapplication or preliminary site plan review meetings with the Planning and Development Department. The notice shall include the date, time and location of the meeting. a Brent Roberts W.L. Gore 32470 N. North Valley Parkway Phoenix, AZ 85085 b. Heidi Kimball Sunbelt Holdings 6720 N. Scottsdale Road, Suite 250 Scottsdale, AZ. 85253 22. 21. The developer shall notify the following individuals by mail 10 days prior to the submittal of the final site plan for approval by the Planning and Development Department. a. Brent Roberts W.L. Gore 32470 N. North Valley Parkway Phoenix, AZ 85085 b. Heidi Kimball Sunbelt Holdings 6720 N. Scottsdale Road, Suite 250 Scottsdale, AZ 85253 SECTION 2. Due to the site’s specific physical conditions and the use district granted pursuant to Ordinance G-6484, this portion of the rezoning is now subject to the stipulations approved pursuant to Ordinance G-6484 and as modified in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until all the stipulations have been met. SECTION 3. 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 December, 2025. ________________________________ MAYOR ________________________________ Date 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 PHO-1-25--Z-20-17-2 The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows: PARENT PARCEL LEGAL DESCRIPTION THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. AND BEING THE SAME PROPERTY CONVEYED TO SABRINA A. EATON AND ROBERT L. EATON JR. FROM GREATER MARICOPA INVESTORS 1986 LIMITED PARTNERSHIP, AN ARIZONA LIMITED PARTNERSHIP BY SPECIAL WARRANTY DEED DATED JANUARY 2, 2018 AND RECORDED JANUARY 5, 2018 IN INSTRUMENT NO. 20180011630. TAX PARCEL NO. 204-12-980 LEASE AREA LEGAL DESCRIPTION A PORTION OF LOT 2 OF THE PLAT MAP RECORDED IN BOOK 1482, PAGE 2 OF MARICOPA COUNTY RECORDS, STATE OF ARIZONA, RECORDED IN THE OFFICE OF THE CLERK OF SAID COUNTY ON SEPTEMBER 5, 2019, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2, FROM WHICH THE EAST QUARTER CORNER OF SECTION 14, TOWNSHIP 5 NORTH, RANGE 2 EAST BEARS N89°39'44"E, 265.69 FEET, THENCE NORTH 89°39'44" EAST ALONG NORTH LINE OF SAID LOT 2, A DISTANCE OF 93.88 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 35.00 FEET; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 45.00 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1575 SQUARE FEET OR 0.036 ACRES, MORE OR LESS.