Attachment A - Draft Ordinance - Annexation 534.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 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 
(9TH AVENUE AND HAPPY VALLEY ROAD ANNEXATION, NO. 534) 
FROM COUNTY C-3 CUPD TO CITY C-3 (GENERAL COMMERCIAL). 
 
____________ 
 
 
 
WHEREAS, on June 26, 2024, via Ordinance S-50885, the City of Phoenix annexed an 
approximately 4.69-acre site located at the northwest corner of 9th Avenue and Happy 
Valley Road, in a portion of Section 6, Township 4 North, Range 3 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 C-3 CUPD zoning district; and 
WHEREAS, the City’s C-3 (General Commercial) zoning district is equivalent to 
Maricopa County's C-3 CUPD zoning district; 
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 
PHOENIX, as follows:

SECTION 1. The approximately 4.69-acre site located at the northwest corner of 
9th Avenue and Happy Valley Road, in a portion of Section 6, Township 4 North, Range 3 
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 C-3 CUPD zoning district and placed into the City’s 
C-3 (General Commercial) 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. Due to the site’s specific physical conditions and the use district 
applied for by the applicant, this rezoning is subject to the following stipulations, violation of 
which shall be treated in the same manner as a violation of the City of Phoenix Zoning 
Ordinance: 
1. 
Development of the site shall be in conformance with the Narrative Report 
entitled “Team Tractor Ranch”, consisting of 4 pages, dated and stamped 
received August 16, 2021, as modified by the following stipulations, and 
approved by the Planning and Development Department. 
 
 
2. 
Site Screening: Eight-foot-tall CMU block wall shall be required along and 
adjacent to and side or rear property line abutting any rural or residential zone 
boundary. In addition, there shall be a 10-foot-wide strip of landscaping 
provided along the exterior of said wall with 24-inch box trees planted 20-feet 
apart on center in substantial conformance with the site plan entitled “Team

Tractor” consisting of one page dated and stamped received November 4, 
2021, as modified by the following stipulations and approved by the Planning 
and Development Department. Landscaping shall be maintained.  
 
 
3. 
Required parking spaces, tractors/equipment display areas, primary site 
access, outdoor storage areas, and internal driveways shall be concrete, 
paved, or an alternative dustproofing material, as approved by the Planning 
and Development Department. 
 
 
4. 
Prior to final site plan approval, the landowner shall execute a Proposition 207 
waiver of claims form. 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 6. 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 18th day of September, 2024.  
 
 
 
 
 
 
 
 
 
 
 
________________________________ 
 
 
 
 
 
 
 
 
 
       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)

Exhibit A 
9TH AVENUE AND HAPPY VALLEY ROAD ANNEXATION 
Legal Description 
 
That part of the East half of the Southwest quarter of the Southeast quarter of the Southeast 
quarter of Section 6, Township 4 North, Range 3 East, G&SRB&M, Maricopa County, Arizona, 
described as follows:  
COMMENCING at a the Southeast corner of said Section 6, also being a corner of City 
of Phoenix Ordinance G-4397, recorded at Document 2001-1068866 official records of the 
Maricopa County Recorder, said point also being the point of beginning of City of Phoenix 
Ordinance No. S- 35520, recorded in Document No. 2008-0877176 official records of Maricopa 
County;  
Thence along the following 5 courses being along the boundary of said City of Phoenix 
Ordinance No. S-35520;  
thence North along the East line of said Section 6 to the North line of the South 55 feet 
of said Section 6;  
thence West along said North line, to the West line of the East half of the Southeast 
quarter of the Southeast quarter of the Southeast quarter of said Section 6;  
thence South along said West line to the North line of the South 40 feet of said Section 
6;  
thence Westerly along last said North line to the East line of the East half of the 
Southwest quarter of the Southeast quarter of the Southeast quarter of said Section 6 and the 
POINT OF BEGINNING.  
thence continuing West along last said North line to the West line of said East half of the 
Southwest quarter of the Southeast quarter of the Southeast quarter;  
thence, leaving said boundary of Ordinance No. S-35520, North along last said West 
line to the North line of last said East half;  
thence East along last said North line to the Northeast corner of last said East half;  
thence South along the East line of last said East half to said North line of the South 40 
feet of said Section 6 and the POINT OF BEGINNING.  
 
Area = 4.690 Acres  
Area = 0.0073 Sq. Miles