Attachment A - Draft Ordinance - Z-36-22-4.pdf

City of Phoenix — Formal (2022-09-07)

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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.