Attachment A - Draft Ordinance - Z-47-25-1.docx

City of Phoenix — Formal (2025-11-19)

View PDF Meeting page

Extracted text (via pymupdf) 14297 characters
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 SITE DESCRIBED 
HEREIN (CASE Z-47-25-1) FROM PSC (APPROVED PSCOD) 
(PLANNED SHOPPING CENTER DISTRICT, APPROVED 
PLANNED SHOPPING CENTER OVERLAY DISTRICT) TO PUD 
(PLANNED UNIT DEVELOPMENT). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 6.00-acre site located 210 feet east of the 
northeast corner of 43rd Avenue and Bell Road in a portion of Section 34, Township 4 
North, Range 2 East, as described more specifically in Exhibit “A,” is hereby changed 
from PSC (Approved PSCOD) (Planned Shopping Center District, Approved Planned 
Shopping Center Overlay District) to “PUD” (Planning Unit Development) to allow retail 
and commercial uses. 
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 Howard’s Ace Hardware PUD 
reflecting the changes approved through this request shall be submitted to the 
Planning Department within 30 days of City Council approval of this request. 
The updated Development Narrative shall be consistent with the Development 
Narrative date stamped September 29, 2025, as modified by the following 
stipulations. 
 
a. Front Cover: Add “City Council adopted: November 19, 2025” 
 
 
b. Page 8, Section D1.e Development Standards: Revise as follows: 
 
“The maximum building height shall be twenty-five (25) feet for any 
structure seventy-five (75) feet from a residential district. Such height may 
be increased by one (1) foot for each additional three (3) feet from the 
residence district beyond seventy-five (75) feet to a maximum of fifty-six 
(56) feet.” 
 
 
 
 
c. Page 9, Section D2.b. Landscape Standards: Revise as follows: 
 
“Existing landscaping shall be in accordance with the existing approved 
landscape plan (Exhibit 4). 
 
When site improvements, new development, or building alterations exceed 
2,000 square feet, from what is depicted on the site plan included as 
Exhibit 2, new landscaping improvements shall be designed and installed 
in accordance with Section 623 and Section 507 Tab A.II.A.3. 
 
Utility Conflict Resolution: Where utility conflicts exist, the developer shall 
work with the Planning and Development Department on alternative design 
solutions consistent with a pedestrian environment.” 
 
 
 
d. Page 10, Section D4.b Parking Standards: Revise as follows: 
 
“Surface or structured parking lots are permitted. 
 
For surface parking and parking garages, the combined depth of the 
parking space and the aisle width shall equal 60 feet for a double loaded 
aisle and 42 feet for a single loaded aisle.”

e. Page 14, Section G1: City Enforced Standards: add the following language: 
 
“      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. 
 
        The project will incorporate recycling as part of its waste 
management program.” 
 
 
2. 
When site improvements, new development, or building alterations exceed 
2,000 square feet, from what is depicted on the Exhibit 2 Site Plan in the PUD 
Narrative, the Bell Road right-of-way shall be brought up to the standards 
including: 
 
 
 
a. Dedication of right-of-way totaling a minimum of 70 feet for the north half of 
Bell Road. 
 
 
 
 
b. Detached sidewalk per the Streetscape Standards Section of the PUD 
Narrative. 
 
 
 
 
c. Incidental right-of-way improvements to bring adjacent rights-of-way up to 
City of Phoenix standards.  
 
 
3. 
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. 
 
 
4. 
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. 
 
 
5. 
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. 
 
 
6. 
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 19th day of November, 
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 (5 Pages) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-47-25-1 
 
PARCEL NO. 1 (APN 207-18-589A): 
 
PARCEL 1 OF LOT SPLIT OF LOT 2, ALBERTSON’S AMENDED, AS RECORDED IN 
BOOK 597 OF MAPS, PAGE 2, OFFICIAL RECORDS OF MARICOPA COUNTY, 
ARIZONA, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, 
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED 
AS FOLLOWS: 
 
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, OF SAID ALBERTSON’S 
AMENDED, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF LOT 337, 
DESERT PINES UNIT FOUR, AS RECORDED IN BOOK 204 OF MAPS, PAGE 16, 
OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA; 
 
THENCE NORTH 89 DEGREES 11 MINUTES 54 SECONDS EAST ALONG THE 
NORTH LINE OF SAID LOT 1, ALBERTSON’S AMENDED, A DISTANCE OF 217.91 
FEET TO THE NORTHEAST CORNER OF SAID LOT 1, ALBERTSON’S AMENDED, 
SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 2, ALBERTSON’S 
AMENDED, SAID POINT ALSO BEING THE POINT OF BEGINNING; 
 
THENCE CONTINUING NORTH 89 DEGREES 11 MINUTES 54 SECONDS EAST 
ALONG THE NORTH LINE OF SAID LOT 2, ALBERTSON’S AMENDED, A DISTANCE 
OF 97.52 FEET; 
 
THENCE SOUTH 00 DEGREES 44 MINUTES 44 SECONDS EAST, A DISTANCE OF 
298.77 FEET; THENCE SOUTH 89 DEGREES 15 MINUTES 16 SECONDS WEST, A 
DISTANCE OF 21.33 FEET; 
 
THENCE SOUTH 00 DEGREES 55 MINUTES 38 SECONDS EAST, A DISTANCE OF 
371.39 FEET TO THE SOUTH LINE OF SAID LOT 2, ALBERTSON’S AMENDED, 
SAID LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF BELL ROAD; 
 
THENCE SOUTH 89 DEGREES 11 MINUTES 54 SECONDS WEST ALONG SAID 
SOUTH LINE OF LOT 2, ALBERTSON’S AMENDED, A DISTANCE OF 84.97 FEET 
TO THE SOUTHWEST CORNER OF SAID LOT 2, ALBERTSON’S AMENDED; 
 
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2, 
ALBERTSON’S AMENDED, THE FOLLOWING 7 COURSES; 
 
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 
222.02 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 09 SECONDS WEST, A 
DISTANCE OF 186.71 FEET;

THENCE NORTH 00 DEGREES 45 MINUTES 51 SECONDS WEST, A DISTANCE OF 
113.97 FEET;  
 
THENCE NORTH 89 DEGREES 14 MINUTES 09 SECONDS EAST, A DISTANCE OF 
199.47 FEET;  
 
THENCE NORTH 00 DEGREES 41 MINUTES 16 SECONDS WEST, A DISTANCE OF 
202.24 FEET;  
 
THENCE SOUTH 89 DEGREES 18 MINUTES 44 SECONDS WEST, A DISTANCE OF 
8.66 FEET; 
 
THENCE NORTH 00 DEGREES 32 MINUTES 55 SECONDS WEST, A DISTANCE OF 
131.92 FEET TO THE POINT OF BEGINNING. 
 
ALSO KNOWN AS PARCEL 1, LOT SPLIT FOR LOT 2, ALBERTSON’S AMENDED, 
AS RECORDED IN BOOK 1130 OF MAPS, PAGE 38, OFFICIAL RECORDS, 
MARICOPA COUNTY, ARIZONA. 
 
PARCEL NO. 2 (APN 207-18-589B): 
 
PARCEL 2 OF LOT SPLIT OF LOT 2, ALBERTSON’S AMENDED, AS RECORDED IN 
BOOK 597 OF MAPS, PAGE 2, OFFICIAL RECORDS OF MARICOPA COUNTY, 
ARIZONA, BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, 
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED 
AS FOLLOWS: 
 
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, OF SAID ALBERTSON’S 
AMENDED, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF LOT 337, 
DESERT PINES UNIT FOUR, AS RECORDED IN BOOK 204 OF MAPS, PAGE 16, 
OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA; 
 
THENCE NORTH 89 DEGREES 11 MINUTES 54 SECONDS EAST ALONG THE 
NORTH LINE OF SAID ALBERTSON’S AMENDED, A DISTANCE OF 315.43 FEET TO 
THE POINT OF BEGINNING; 
 
THENCE CONTINUING NORTH 89 DEGREES 11 MINUTES 54 SECONDS EAST 
ALONG THE NORTH LINE OF SAID LOT 2, ALBERTSON’S AMENDED, A DISTANCE 
OF 77.67 FEET; 
 
THENCE SOUTH 00 DEGREES 44 MINUTES 44 SECONDS EAST, A DISTANCE OF 
163.65 FEET;

THENCE NORTH 89 DEGREES 15 MINUTES 16 SECONDS EAST, A DISTANCE OF 
17.00 FEET;  
 
THENCE SOUTH 00 DEGREES 44 MINUTES 44 SECONDS EAST, A DISTANCE OF 
119.79 FEET;  
 
THENCE NORTH 89 DEGREES 15 MINUTES 16 SECONDS EAST, A DISTANCE OF 
23.23 FEET;  
 
THENCE SOUTH 00 DEGREES 44 MINUTES 44 SECONDS EAST, A DISTANCE OF 
46.28 FEET;  
 
THENCE SOUTH 89 DEGREES 12 MINUTES 39 SECONDS WEST, A DISTANCE OF 
8.93 FEET; 
 
THENCE SOUTH 00 DEGREES 48 MINUTES 05 SECONDS EAST, A DISTANCE OF 
340.37 FEET TO THE SOUTH LINE OF SAID LOT 2, ALBERTSON’S AMENDED, 
SAID LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF BELL ROAD; 
 
THENCE SOUTH 89 DEGREES 11 MINUTES 54 SECONDS WEST ALONG SAID 
SOUTH LINE OF LOT 2, ALBERTSON’S AMENDED, A DISTANCE OF 129.45 FEET; 
 
THENCE NORTH 00 DEGREES 55 MINUTES 38 SECONDS WEST, A DISTANCE OF 
371.39 FEET;  
 
THENCE NORTH 89 DEGREES 15 MINUTES 16 SECONDS EAST, A DISTANCE OF 
21.33 FEET; 
 
THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE OF 
298.77 FEET TO THE POINT OF BEGINNING. 
 
ALSO KNOWN AS PARCEL 2, LOT SPLIT FOR LOT 2, ALBERTSON’S AMENDED, 
AS RECORDED IN BOOK 1130 OF MAPS, PAGE 38, OFFICIAL RECORDS, 
MARICOPA COUNTY, ARIZONA. 
 
PARCEL NO. 3 (APN 207-18-589C): 
 
PARCEL 3 OF LOT SPLIT OF LOT 2, ALBERTSON’S AMENDED, AS RECORDED IN 
BOOK 597 OF MAPS, PAGE 2, OFFICIAL RECORDS OF MARICOPA COUNTY, 
ARIZONA, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, 
TOWNSHIP 4 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND 
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED 
AS FOLLOWS: 
 
COMMENCING AT THE NORTHWEST CORNER OF LOT 1, OF SAID ALBERTSON’S 
AMENDED, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF LOT 337,

DESERT PINES UNIT FOUR, AS RECORDED IN BOOK 204 OF MAPS, PAGE 16, 
OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA; 
 
THENCE NORTH 89 DEGREES 11 MINUTES 54 SECONDS EAST ALONG THE 
NORTH LINE OF SAID ALBERTSON’S AMENDED, A DISTANCE OF 393.10 FEET TO 
THE POINT OF BEGINNING; 
 
THENCE CONTINUING NORTH 89 DEGREES 11 MINUTES 54 SECONDS EAST 
ALONG THE NORTH LINE OF SAID LOT 2, ALBERTSON’S AMENDED, A DISTANCE 
OF 276.97 FEET TO THE NORTHEAST CORNER OF SAID LOT 2, ALBERTSON’S 
AMENDED, SAID POINT BEING ON THE WESTERLY LINE OF LOT 395 OF SAID 
DESERT PINES UNIT FOUR; 
 
THENCE SOUTH 00 DEGREES 00 MINUTES 06 SECONDS EAST ALONG THE 
EASTERLY LINE OF SAID LOT 2, ALBERTSON’S AMENDED, SAID LINE BEING THE 
WESTERLY LINE OF LOTS 395 THROUGH 398, SAID DESERT PINES UNIT FOUR, 
A DISTANCE OF 266.66 FEET TO THE NORTHEASTERLY CORNER OF LOT 3, 
SAID ALBERTSON’S AMENDED; 
 
THENCE ALONG THE COMMON LINE OF LOTS 2 AND 3, ALBERTSON’S 
AMENDED, THE FOLLOWING 7 COURSES;  
 
THENCE NORTH 45 DEGREES 42 MINUTES 58 SECONDS WEST, A DISTANCE OF 
103.35 FEET; 
 
THENCE SOUTH 89 DEGREES 18 MINUTES 44 SECONDS WEST, A DISTANCE OF 
44.42 FEET;  
THENCE SOUTH 00 DEGREES 41 MINUTES 16 SECONDS EAST, A DISTANCE OF 
196.02 FEET;  
 
THENCE SOUTH 89 DEGREES 14 MINUTES 09 SECONDS WEST, A DISTANCE OF 
61.04 FEET;  
 
THENCE SOUTH 00 DEGREES 45 MINUTES 51 SECONDS EAST, A DISTANCE OF 
226.23 FEET;  
 
THENCE SOUTH 89 DEGREES 14 MINUTES 09 SECONDS WEST, A DISTANCE OF 
38.37 FEET; 
 
THENCE SOUTH 00 DEGREES 45 MINUTES 51 SECONDS EAST, A DISTANCE OF 
54.59 FEET TO THE SOUTH LINE OF SAID LOT 2, ALBERTSON’S AMENDED, SAID 
LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF BELL ROAD; 
 
THENCE SOUTH 89 DEGREES 11 MINUTES 54 SECONDS WEST ALONG SAID 
SOUTH LINE OF LOT 2, ALBERTSON’S AMENDED, A DISTANCE OF 24.90 FEET;

THENCE NORTH 00 DEGREES 48 MINUTES 05 SECONDS WEST, A DISTANCE OF 
340.37 FEET;  
 
THENCE NORTH 89 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE OF 
8.93 FEET; 
 
THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE OF 
46.28 FEET;  
 
THENCE SOUTH 89 DEGREES 15 MINUTES 16 SECONDS WEST, A DISTANCE OF 
23.23 FEET;  
 
THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE OF 
119.79 FEET. 
 
THENCE SOUTH 89 DEGREES 15 MINUTES 16 SECONDS WEST, A DISTANCE OF 
17.00 FEET; 
 
THENCE NORTH 00 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE OF 
163.65 FEET TO THE POINT OF BEGINNING. 
 
ALSO KNOWN AS PARCEL 3, LOT SPLIT FOR LOT 2, ALBERTSON’S AMENDED, 
AS RECORDED IN BOOK 1130 OF MAPS, PAGE 38, OFFICIAL RECORDS, 
MARICOPA COUNTY, ARIZONA.