Attachment A - Draft Ordinance - Annexation 528.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 (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