Attachment A - Draft Ordinance - Annexation 548 - 17th Ave & Happy Valley Rd.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 CODE OF THE CITY OF PHOENIX, ARIZONA, PART II, CHAPTER 41, THE ZONING ORDINANCE OF THE CITY OF PHOENIX, BY AMENDING SECTION 601, THE ZONING MAP OF THE CITY OF PHOENIX, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PARCEL DESCRIBED HEREIN (17TH AVENUE AND HAPPY VALLEY ROAD ANNEXATION, NO. 548) FROM COUNTY RU-43 TO CITY’S S-1 (RANCH OR FARM RESIDENCE). ____________ WHEREAS, on November 20, 2024, via Ordinance S-51437, the City of Phoenix annexed approximately 7.28 acres located at the northeast corner of 17th Avenue and Happy Valley Road, in a portion of Section 6, Township 4 North, Range 3 East, as described more specifically in “Exhibit A” and incorporated herein by this reference; and, WHEREAS, as required by A.R.S. § 9-471.L, the city of Phoenix is required to adopt zoning districts on the subject parcel to permit uses and densities no greater than those allowed by the prior County zoning district; and, WHEREAS, immediately prior to annexation the zoning applicable to this territory was Maricopa County’s RU-43 zoning district; and WHEREAS, the City’s S-1 (Ranch or Farm Residence) zoning district is equivalent to Maricopa County's RU-43 zoning district; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as follows: SECTION 1. The approximately 7.28 acres located at the northeast corner of 17th Avenue and Happy Valley Road, in a portion of Section 6, Township 4 North, Range 3 East, which is described in “Exhibit A” and depicted in “Exhibit B” has been annexed to the City of Phoenix, and the present corporate limits of the City have been extended and increased to include such property. SECTION 2. Pursuant to A.R.S. §9-471(L), the property depicted in Exhibit B is hereby removed from Maricopa County's RU-43 zoning district and placed into the City’s S-1 (Ranch or Farm Residence) zoning district. This zoning designation shall take effect thirty days after this Ordinance is adopted, without further action by the City Council, and SECTION 3. The City Clerk shall cause a copy of this Ordinance, together with “Exhibit A” and “Exhibit B” to be filed and recorded in the Records of the Office of the Maricopa County Recorder, and SECTION 4. 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 5. 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 18th day of December, 2024. _______________________________ 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 17TH AVENUE AND HAPPY VALLEY ROAD The South half of the Southwest quarter of the Southeast quarter of the Southwest quarter AND the Northeast quarter of the Southwest quarter of the Southeast quarter of the Southwest quarter All of Section 6, Township 4 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, Except the South 40 feet, being more particularly described as follows; COMMENCING at the Southwest corner (City of Phoenix brass cap in handhole) of said Section 6, from which the South quarter corner (Maricopa County Department of Transportation brass cap flush) of said Section 6 bears North 89 Degrees 19 Minutes 07 Seconds East a distance of 2647.18 feet; Thence North 89 Degrees 19 Minutes 07 Seconds East along the South line of said Southwest quarter of Section 6 a distance of 1250.34 feet to the Southwest corner of said South half; Thence North 00 Degrees 50 Minutes 04 Seconds East along the West line of said South half a distance of 40.00 feet to the North line of the South 40.00 feet of said South half, said point being the TRUE POINT OF BEGINNING; Thence North 00 Degrees 50 Minutes 04 Seconds East along said West line a distance of 290.33 feet to the Northwest corner of said South half; Thence North 89 Degrees 19 Minutes 57 Seconds East along the North line of said South half a distance of 347.96 feet to the Southwest corner of said Northeast quarter of the Southwest quarter of the Southeast quarter of the Southwest quarter; Thence North 01 Degrees 03 Minutes 07 Seconds West along the West line of said Northeast quarter a distance of 330.25 feet to the Northwest corner of said Northeast quarter; Thence North 89 Degrees 20 Minutes 48 Seconds East along the North line of said Northeast quarter a distance of 346.78 feet to the Northeast corner of said Northeast quarter; Thence South 0 1 Degrees 16 Minutes 10 Seconds East along the East line of said Northeast quarter and said South half a distance of 620.36 feet to said North line of the South 40.00 feet; Thence South 89 Degrees 19 Minutes 07 Seconds West along last said South North line a distance of 698.12 feet to the POINT OF BEGINNING.