Attachment A - Draft Ordinance - Z-8-23-8.pdf

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 (Z-8-23-8) FROM C-1 (NEIGHBORHOOD RETAIL) TO 
WU CODE T5:2 GW (WALKABLE URBAN CODE, TRANSECT 
T5:2 DISTRICT, TRANSIT GATEWAY CHARACTER AREA). 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning of a 0.53 acre site located at the southwest 
corner of 32nd Street and Roosevelt Street in a portion of Section 2, Township 1 North, 
Range 3 East, as described more specifically in Exhibit “A,” is hereby changed from “C-
1” (Neighborhood Retail) to “WU Code T5:2 GW” (Walkable Urban Code, Transect T5:2 
District, Transit Gateway Character Area). 
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. 
A minimum of four bicycle parking spaces shall be provided through Inverted 
U and/or artistic racks located near building entrances 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. 
 
 
2. 
Upon complete redevelopment or development that modifies the cumulative 
floor area of any building by more than 15%, including demolition, from that 
depicted on the site plan date stamped January 27, 2023, a minimum of 1% of 
the required parking spaces shall include EV installed infrastructure.  
 
 
3. 
Upon complete redevelopment or development that modifies the cumulative 
floor area of any building by more than 15%, including demolition, from that 
depicted on the site plan date stamped January 27, 2023, the developer shall 
dedicate right-of-way and construct a bus stop pad on southbound 32nd 
Street. The bus stop pad shall be constructed according to City of Phoenix 
Standard Detail P1260 with a minimum depth of 10 feet and shall be spaced 
from Roosevelt Street according to City of Phoenix Standard Detail P1258. 
Trees shall be placed to provide minimum 50% shade coverage to the bus 
stop pad at full maturity, as approved by the Planning and Development 
Department.  
 
 
4. 
Upon complete redevelopment or development that modifies the cumulative 
floor area of any building by more than 15%, including demolition, from that 
depicted on the site plan date stamped January 27, 2023, a 10-foot sidewalk 
easement shall be dedicated on both Roosevelt Street and 32nd Street, as 
approved by the Planning and Development Department. 
 
 
5. 
Upon complete redevelopment or development that modifies the cumulative 
floor area of any building by more than 15%, including demolition, from that 
depicted on the site plan date stamped January 27, 2023, access to the site 
shall be from the alley and no driveways or parking shall be permitted on 
Roosevelt Street or 32nd Street. Vehicular maneuvering shall be on site. 
 
 
6. 
Upon complete redevelopment or development that modifies the cumulative 
floor area of any building by more than 15%, including demolition, from that 
depicted on the site plan date stamped January 27, 2023, the developer shall 
construct all streets within and adjacent to 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.  
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
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. 
 
 
10. 
Prior to preliminary 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 July, 2023.  
 
 
 
 
________________________________ 
 
 
 
       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 (1 Page) 
B – Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR Z-8-23-8 
 
THE SOUTHEAST 1/4 OF SECTION 2 IN TOWNSHIP 01 NORTH, RANGE 03 EAST, 
LOT ONE (1), EVERLEE TERRACE, ACCORDING TO THE PLAT OF RECORD IN 
THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, 
RECORDED IN BOOK 55 OF MAPS, PAGE 26.