Attachment A - Draft Ordinance - Z-36-22-4.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-36-22-4) FROM R-5 SP (MULTIFAMILY
RESIDENCE DISTRICT, SPECIAL PERMIT) AND C-3 SP
(GENERAL COMMERCIAL, SPECIAL PERMIT) TO R-5
(MULTIFAMILY RESIDENCE DISTRICT) AND C-3 (GENERAL
COMMERCIAL).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 4.23-acre property located at the southwest
corner of 31st Avenue and McDowell Road in a portion of Section 2, Township 1 North,
Range 2 East, as described more specifically in Exhibit “A,” is hereby changed from
3.28 acres of “R-5 SP” (Multifamily Residence District, Special Permit) and 0.95 acres of
“C-3 SP” (General Commercial, Special Permit) to 3.28 acres of “R-5” (Multifamily
Residence District) and 0.95 acres of “C-3” (General 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. 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 7th day of September,
2022.
________________________________
MAYOR
ATTEST:
_________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By:
_________________________
_________________________
REVIEWED BY:
_________________________
Jeffrey Barton, City Manager
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR Z-36-22-4
A portion of Section 2, Township 1 North, Range 2 East of the Gila and Salt River Base
and Meridian, described as follows:
PARCEL NO. 1
Lot 1, Block 1, EL RETIRO TRACT, according to Book 32 of Maps, page 9, records of
Maricopa County, Arizona;
EXCEPT that part of said Lot 1 in Block 1 of El Retiro, described as follows:
BEGINNING at the Northeast corner of Lot 1;
thence Westerly, along the North line of Lot 1 to the Northwest corner thereof;
thence Southerly, along the West line of Lot 1, to the South line of the North 7 feet
thereof;
thence Easterly, along the South line of the North 7 feet of Lot 1, to the East 10 feet
thereof;
thence Southeasterly to a point on the East line of Lot 1 which bears Southerly a
distance of 17 feet from the point of beginning;
thence to the POINT OF BEGINNING; and
EXCEPT that part of said Lot 1, Block 1, EL RETIRO, described as follows:
BEGINNING at the Northeast corner of said Lot 1;
thence South along the East line thereof a distance of 17 feet to the TRUE POINT OF
BEGINNING;
thence Northwest to the Southwest corner of North 7 feet of the East 10 feet of said Lot
1;
thence West along the South line of said North 7 feet a distance of 2 feet;
thence Southeast to a point on said East line which is 5 feet South of the TRUE POINT
OF BEGINNING;
thence to the TRUE POINT OF BEGINNING.
PARCEL NO. 2
That part of the Northeast quarter of Section 2, Township 1 North, Range 2 East of the
Gila and Salt River Base and Meridian, described as follows:
COMMENCING at the Northwest corner of the Northeast quarter of Section 2;
thence South along the West line of said quarter Section, a distance of 866 feet and 3
inches;
thence East parallel with the North line of said quarter Section, a distance of 264 feet;
thence North parallel with the West line of said quarter Section, a distance of 866 feet
and 3 inches to the North line of said quarter Section;
thence West along the North line of said quarter Section, a distance of 264 feet to the
POINT OF BEGINNING;
EXCEPT that part of the Northeast quarter of Section 2, Township 1 North, Range 2
East of the Gila and Salt River Base and Meridian, Maricopa County Arizona, described
as follows:
BEGINNING at a point on the West line of said Northeast quarter which bears South a
distance of 866.25 feet from the Northwest corner thereof, said point being the
Northwest corner of SHARON GARDENS AMENDED, according to the plat of record in
the office of the County Recorder of Maricopa County, Arizona, in Book 92 of Maps,
page 16;
thence North along said West line a distance of 533 feet;
thence East to the East line of the West 30 feet of said Northeast quarter;
thence South along said East line to the point of curvature of a circular curve to the left
having a radius of 12 feet;
thence along the arc of said curve to a point of tangency in the North line of said
SHARON GARDENS AMENDED;
thence Westerly along said North line to the POINT OF BEGINNING.