Attachment A - Draft Ordinance - PHO-1-21_Z-55-13-5.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 STIPULATIONS APPLICABLE TO 
REZONING APPLICATION Z-55-13-5 PREVIOUSLY APPROVED BY 
ORDINANCE G-5888. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located at the 
southeast corner of 23rd Avenue and El Caminito Drive in a portion of Section 36, 
Township 3 North, Range 2 East, as described more specifically in Attachment “A”, 
are hereby modified to read as set forth below.  
STIPULATIONS: 
1. 
The development shall be in general conformance with the site plan and 
elevations date stamped JULY 2, 2021 November 19, 2013, as approved by 
the Planning and Development Department. 
 
 
2. 
The applicant shall update all existing off-site street improvements (sidewalks, 
curb ramps and driveways) that do not meet current ADA guidelines, as 
approved by the Planning and Development Department. 
 
 
3. 
That Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 Waiver of Claims in a form approved by the City Attorney’s 
Office. 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 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-5888, this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-5888 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 15th day of 
September, 2021. 
 
 
 
 
________________________________ 
MAYOR  
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Cris Meyer, 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-1-21-- Z-55-13-5 
 
The land referred to herein below is situated in the county of Maricopa, State of 
Arizona, and is described as follows. 
 
Lot 4 of LA MANCHA, a subdivision of Maricopa County, Arizona, according to the 
map of record in the Office of the Maricopa County Recorder in Book 193 of Maps 
and Plats, at page 19. Located in the south half of Section 36, Township 3 North, 
Range 2 East, Gila & Salt River Meridian, Maricopa County, Arizona.