Attachment A - Draft Ordinance - Annexation 528.pdf

City of Phoenix — Formal (2023-12-13)

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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 (35TH AVENUE AND 
CARTER ROAD ANNEXATION, NO. 528) FROM COUNTY RU-43 
TO CITY’S S-1 (RANCH OR FARM RESIDENCE). 
 
____________ 
 
 
 
WHEREAS, on November 1, 2023, via Ordinance S-50312, the City of Phoenix 
annexed an approximately 4.93-acre property located at the southwest corner of 35th 
Avenue and the Carter Road alignment, in a portion of Section 34, Township 1 North, 
Range 2 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 4.93-acre property located at the 
southwest corner of 35th Avenue and the Carter Road alignment, in a portion of Section 
34, Township 1 North, Range 2 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 13th day of December, 
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)

35TH AVENUE AND CARTER ROAD ANNEXATION 
Legal Description 
Exhibit A 
 
That part of the Southeast quarter of Section 34, Township 1 North, Range 2 East, 
G&SRB&M, Maricopa County, Arizona, described as follows: 
 
PART NO. 1: 
The East half of the following described property: 
The South half of the Northeast quarter of the Southeast quarter of said Section 34; 
EXCEPT the North 330 feet thereof; and 
EXCEPT the East 55 feet thereof; 
EXCEPTING from said East half of the above described property any part lying within 
the East 55 feet of the Northeast quarter of the Southeast quarter of said Section 34, 
said West 55 feet also being part of the area Annexed by City of Phoenix Ordinance No. 
S-40000, recorded at Document No. 2013-0572248, official records of Maricopa County, 
Arizona. 
 
PART NO. 2: 
The East half of the following described property: 
The North half of the Southeast quarter of the Southeast quarter of 
said Section 34; 
EXCEPT the East 33 feet thereof; and 
EXCEPT any part lying Southerly of a line from a point in the West line of said Southeast 
quarter of the Southeast quarter lying 38.5 feet Southerly from the Northwest corner 
thereof, to a point in the West line of the East 33 feet of said Southeast quarter of the 
Southeast quarter lying 24.5 feet from the North line thereof as measured along said 
West line of the East 33 feet; 
EXCEPTING from said East half of the above described property, any part thereof lying 
within the East 55 feet of said Southeast quarter of the Southeast quarter of Section 34, 
said West 55 feet also being part of the area Annexed by City of Phoenix Ordinance No. 
S-40000, recorded at Document No. 2013-0572248, official records of Maricopa County, 
Arizona.  
 
Area = 4.9312 Acres  
Area = 0.00770 Sq. Miles