Attachment A - Draft Ordinance - Z-107-25-3.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-107-25-3) FROM C-O/G-O (COMMERCIAL OFFICE DISTRICT, GENERAL OFFICE OPTION) TO C-2 (INTERMEDIATE COMMERICAL). ____________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The zoning of a 5.13-acre site located at the northwest corner of 7th Avenue and Bell Road in a portion of Section 31, Township 4 North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from “C- O/G-O” (Commercial Office District, General Office Option) to “C-2” (Intermediate Commercial). 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. All building elevations shall contain architectural embellishments and detailing such as textural changes, pilasters, offsets, recesses, variation in window size and location, and/or overhang canopies, as approved by the Planning and Development Department. 2. A minimum 90-foot landscape setback shall be provided adjacent to the north property line of the rezoning site. 3. The existing bus pad on westbound Bell Road, west of 7th Avenue, shall be retained. 4. 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 contrast parking and drive aisle surfaces, as approved by the Planning and Development Department. 5. All mitigation improvements shall be constructed and/or funded as identified in the accepted Traffic Impact Analysis dated October 2025. 6. All existing electrical utilities within the public right-of-way shall be undergrounded, adjacent to the development. The developer shall coordinate with the affected utility companies for their review and permitting. 7. 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. 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. Natural turf shall only be utilized for required retention areas (at the bottom of the basin, and only allowed on slopes if required for slope stabilization), and functional turf areas, as approved by the Planning and Development Department. 10. 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. 11. Prior to final site plan approval, documentation shall be provided that demonstrates a commitment to participate in the Phoenix Water Efficiency Checkup Program for a minimum of 10 years, or as approved by the Planning and Development Department. 12. All pedestrian pathways, including internal walkways and public sidewalks adjacent to the site, shall be shaded by a structure or landscaping, or a combination of the two to achieve a minimum of 75% shade, 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 four bicycle parking spaces shall be provided for each building through Inverted U and/or artistic racks located near the building entrance and installed per the requirements of Section 1307.H of the Phoenix Zoning Ordinance, as approved by the Planning and Development Department. Artistic racks shall adhere to the City of Phoenix Preferred Designs in Appendix K of the Comprehensive Bicycle Master Plan. 15. A bicycle repair station (“fix it station”) shall be provided on the site. The station shall include but not be limited to: standard repair tools affixed to the station; a tire gauge and pump; and a bicycle repair stand which allows pedals and wheels to spin freely while making adjustments to the bike, as approved by the Planning and Development Department. 16. Standard electrical receptacles shall be installed for a minimum of 10% of the required bicycle parking spaces for electric bicycle charging capabilities. 17. A minimum of 5% of the required parking spaces shall be EV Ready. 18. This parcel is in a Special Flood Hazard Area (SFHA) called Zone AE- Floodway, on panels 04013C 1290M of Flood Insurance Rate Maps (FIRM) with an effective date of September 18, 2020. The following requirements shall apply, as approved by the Planning and Development Department. a. The project engineer is required to delineate the floodplain boundary on the Grading and Drainage Plan and ensure that potential impacts to the proposed facilities are adequately addressed, in compliance with the National Flood Insurance Program (NFIP) regulations (44 CFR Paragraph 60.3). This includes adhering to the provisions outlined in the latest version of the Floodplain Ordinance of the Phoenix City Code. b. The Grading and Drainage Plan must be submitted to the Floodplain Management section of the Office of the City Engineer for review and approval of floodplain requirements. c. A FEMA-approved CLOMR must be obtained before the issuance of a Grading and Drainage permit. d. A Letter of Map Revision (LOMR) application must also be submitted to Floodplain Management prior to the issuance of any vertical construction permits. e. A FEMA approved LOMR must be submitted to Floodplain Management prior to issuance of certificate of occupancy. 19. 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. 20. 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. This stipulation shall not be applicable if the property is owned by the City of Phoenix. 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 December, 2025. ________________________________ 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-107-25-3 A CERTAIN PIECE OF LAND SITUATED IN THE CITY OF PHOENIX, COUNTY OF MARICOPA, STATE OF ARIZONA, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, SAID PIECE OF LAND BEING ALSO DESCRIBED BY THE METES AND BOUNDS DESCRIPTION TO FOLLOW: COMMENCING AT THE SOUTHEAST CORNER OF THE AFOREMENTIONED SECTION 31; THENCE SOUTH 89°49'48" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 372.35 FEET; THENCE DEPARTING SAID SECTION LINE NORTH 00°05'28" EAST A DISTANCE OF 75.00 FEET TO A FOUND 1/2" REBAR AND CAP STAMPED "RLS 13562" LOCATED ON THE NORTH RIGHT-OF-WAY LINE OF BELL ROAD (A 150 FOOT PUBLIC RIGHT-OF-WAY) MARKING THE POINT OF BEGINNING; THENCE NORTH 00°05'28" EAST A DISTANCE OF 525.00 FEET TO A FOUND MAG- NAIL AND WASHER STAMPED "WINCHESTER AZ 79657"; THENCE NORTH 89°48'58" EAST A DISTANCE OF 317.50 FEET TO A FOUND 1/2" REBAR AND CAP STAMPED "RLS 13562" LOCATED ON THE WEST RIGHT-OF- WAY LINE OF NORTH 7TH AVENUE (A VARIABLE WIDTH PUBLIC RIGHT-OF- WAY); THENCE SOUTH 00°05'28" WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 525.08 FEET TO A FOUND MAG-NAIL & WASHER STAMPED "WINCHESTER AZ 79657" LOCATED ON THE AFOREMENTIONED NORTH RIGHT- OF-WAY LINE OF BELL ROAD; THENCE SOUTH 89°49'48" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 317.50 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 166,698 SQUARE FEET OR 3.827 ACRES MORE OR LESS.