Attachment A - Draft Ordinance - PHO-1-25--Z-29-12-7(5.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 STIPULATIONS
APPLICABLE TO REZONING APPLICATION Z-29-12-7(5)
PREVIOUSLY APPROVED BY ORDINANCE G-5779.
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning stipulations applicable to the site located at the
southeast corner of 99th Avenue and Thomas Road in a portion of Section 33,
Township 2 North, Range 1 East, as described more specifically in Exhibit A and
depicted in Exhibit B, are hereby modified to read as set forth below.
STIPULATIONS:
1.
An updated Development Narrative for the Sheely Center PUD reflecting
the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council
approval of this request. The updated Development Narrative shall be
consistent with THE Development Narrative date stamped JUNE 6, 2025
September 27, 2012, as modified by the following stipulations.
2.
The applicant shall submit a revised Traffic Impact Study to the Street
Transportation Department and Planning and Development Department
prior to preliminary site plan approval. The applicant shall be responsible
for any dedications and required improvements adjacent to the boundaries
of the subject property as recommended by the traffic study, as approved
by the Street Transportation Department and Planning and Development
Department.
3.
ALL STREETS, WITHIN AND ADJACENT TO THE DEVELOPMENT,
SHALL BE DEDICATED AND CONSTRUCTED PER THE APPROVED
SHEELY FAMRS MASTER STREET PLAN. The applicant shall submit a
street alignment plan for public streets (design and alignment for all
arterial and collector streets), prior to preliminary site plan approval, for
review and approval by the Street Transportation Department and
Planning and Development Department.
4.
Access to McDowell Road shall be reviewed by ADOT, Maricopa County,
city of Tolleson, and the city of Phoenix. Notification of such review shall
be submitted to the Street Transportation Department and the Planning
and Development Department prior to preliminary site plan approval.
5.
The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscape and other incidentals as per plans approved by
the Planning and Development Department. All improvements shall
comply with all ADA accessibility standards.
6.
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 2. Due to the site’s specific physical conditions and the use
district granted pursuant to Ordinance G-5779, this portion of the rezoning is now
subject to the stipulations approved pursuant to Ordinance G-5779 and as modified in
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site
until all the stipulations have been met.
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 19th day of November
2025.
________________________________
MAYOR
________________________________
Date
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 (4 Pages)
B - Ordinance Location Map (1 Page)
EXHIBIT A
LEGAL DESCRIPTION FOR PHO-1-25--Z-29-12-7(5)
The Land referred to herein below is situated in the County of Maricopa, State of
Arizona, and is described as follows:
LEGAL DESCRIPTION FOR Z-29-
12-7(5)
THAT PART OF PARCELS 1, 2 AND 3 LYING WEST OF THE WESTERLY
LINE OF THAT PROPERTY CONVEYED TO THE STATE OF ARIZONA BY
DEED RECORDED JULY 31, 1998 IN 98-663064 AND NORTH OF THE
NORTH RIGHT-OF-WAY LINE OF THE ROOSEVELT IRRIGATION DISTRICT
MAIN CANAL.
PARCEL NO. 1:
THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH,
RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA:
EXCEPT THE NORTH 33 FEET AND THE WEST 70 FEET; AND
EXCEPT A TRIANGULAR SHAPED PARCEL OF LAND DESCRIBED AS
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF
THE NORTH 200.00 FEET AND THE EAST LINE OF THE WEST 70 FEET OF
SAID NORTHWEST QUARTER OF SAID SECTION 33;
THENCE EASTERLY 5 FEET ALONG SAID SOUTHERLY LINE OF THE
NORTH 200.00 FEET TO A POINT;
THENCE IN A SOUTH-SOUTHWESTERLY DIRECTION TO A POINT ON THE
EAST LINE OF THE WEST 70 FEET THAT IS 600 00 FEET SOUTHERLY
FROM SAID POINT OF INTERSECTION;
THENCE NORTHERLY TO SAID POINT OF INTERSECTION; AND EXCEPT A
PARCEL DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF
THE NORTH 33 FEET AND THE EAST LINE OF THE WEST 75 FEET OF SAID
NORTHWEST QUARTER OF SAID SECTION 33;
THENCE EASTERLY 35 FEET ALONG SAID SOUTH LINE OF THE NORTH 33
FEET TOA POINT;
THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON SAID EAST
LINE OF THE WEST 75 FEET THAT IS 35 FEET SOUTHERLY FROM SAID
POINT OF INTERSECTION;
THENCE NORTHERLY TO SAID POINT OF INTERSECTION, AND EXCEPT
THE EAST 5 FEET OF THE WEST 75 FEET OF THE SOUTH 167.00 FEET OF
THE NORTH 200.00 FEET OF SAID SECTION 33.
PARCEL NO 2:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE SOUTH 100 FEET OF THE WEST 298.72 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 33, AS CONVEYED TO THE
ROOSEVELT IRRIGATION DISTRICT, BY THAT CERTAIN DEED RECORDED
IN BOOK 218 OF DEEDS, PAGE 366, RECORDS OF MARICOPA COUNTY,
ARIZONA; AND INSTRUMENT 84-3648, AND
EXCEPT RIGHT OF WAY FOR DITCH EXTENDING FROM NORTH TO
SOUTH BOUNDARIES OF THE SOUTHWEST QUARTER OF SAID SECTION
33; ALONG AND IMMEDIATELY WEST OF THE EAST LINE THEREOF AS
CONVEYED TO UNITED STATES OF AMERICA BY THAT CERTAIN DEED
RECORDED IN BOOK 175 OF DEEDS, PAGE 429, RECORDS OF
MARICOPA COUNTY, ARIZONA, AND
EXCEPT THE WEST 65 FEET.
PARCEL NO 3:
PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
33, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER
OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 33 BEARS SOUTH 88 DEGREES 48 MINUTES 30 SECONDS
WEST 120 FEET;
THENCE SOUTH O DEGREES 11 MINUTES WEST 367 70 FEET;
THENCE SOUTH 44 DEGREEES 36 MINUTES EAST 189.60 FEET;
THENCE SOUTH 27 DEGREES 23 MINUTES EAST 88 90 FEET;
THENCE SOUTH O DEGREES 01 MINUTES EAST 416.71 FEET;
THENCE SOUTH 44 DEGREES 18 MINUTES EAST 246.60 FEET;
THENCE SOUTH 56 DEGREES 58 MINUTES EAST 54.85 FEET;
THENCE NORTH 89 DEGREES 00 MINUTES EAST 2070.23 FEET,
THENCE NORTH O DEGREES 12 MINUTES EAST 50 FEET;
THENCE NORTH 89 DEGREES 00 MINUTES EAST 60 FEET (FROM WHICH
POINT THE SOUTH QUARTER CORNER OF SAID SECTION 33 BEARS
SOUTH 0 DEGREES 12 MINUTES WEST 160 FEET);
THENCE NORTH O DEGREES 12 MINUTES EAST ALONG THE MIDSECTION
LINE OF SAID SECTION 33, A DISTANCE OF 1170 FEET TO NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION 33;
THENCE SOUTH 88 DEGREES 48 MINUTES 30 SECONDS WEST
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 33 A DISTANCE OF 2525.89 FEET TO THE
PLACE OF BEGINNING,
EXCEPT RIGHT OF WAY FOR DITCH LYING IMMEDIATELY WEST OF THE
EAST LINE CONVEYED TO UNITED STATES OF AMERICA BY DEED
RECORDED IN BOOK 175 OF DEEDS, PAGE 429, RECORDS OF
MARICOPA COUNTY, ARIZONA; AND
EXCEPT THE EAST 90 FEET OF THE WEST 298.72 FEET OF THE SOUTH
HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, LYING
NORTH OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE
ROOSEVELT IRRIGATION DISTRICT MAIN CANAL;
ALSO BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE
OF THE WEST 208.72 FEET AND THE NORTH LINE OF SAID SOUTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 33;
THENCE WEST 75 FEET ALONG SAID NORTH LINE OF SAID SOUTH
HALF OF THE SOUTHWEST QUARTER; 75 FEET TO A POINT;
THENCE WEST 75 FEET ALONG SAID NORTH LINE OF SAID SOUTH
HALF OF THE SOUTHWEST QUARTER, 75 FEET TO A POINT;
THENCE IN A SOUTHEASTERLY DIRECTION TO A POINT ON SAID EAST
LINE OF THE WEST 208.72 FEET THAT IS 75 FEET SOUTHERLY FROM
SAID POINT OF INTERSECTION;
THENCE NORTHERLY TO THE POINT OF INTERSECTION.
PARCEL NO. 4:
THOSE PORTIONS OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE
QUARTER (S½ OF SW¼) OF SECTION THIRTY-THREE (33), TOWNSHIP
TWO (2) NORTH, RANGE ONE (1) EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS:
PARCEL A
THAT PART OF THE WEST 208 72 FEET OF THE SOUTH ONE-HALF OF
THE SOUTHWEST ONE QUARTER (S½ OF SW¼) OF SAID SECTION 33,
LYING WITHIN A STRIP OF LAND NINETY (90) FEET WIDE ON A CENTER
LINE DESCRIBED AS FOLLOWS:
USING AS A BASE THE SOUTH ONE-HALF (S½) OF THE WEST LINE OF
SECTION THIRTY-THREE (33), TOWNSHIP TWO (2) NORTH, RANGE ONE
(1) EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, WITH AN
ASSUMED BEARING OF NORTH 0'04' EAST;
BEGINNING AT A POINT 256.9 FEET EAST OF AND 308.7 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID SECTION 33, AND RUNNING
THENCE NORTH 0'06' WEST 453 7 FEET TO A POINT;
THENCE NORTH 45'06' WEST 247.6 FEET TO A POINT;
THENCE PARALLEL TO AND 78.0 FEET EAST OF THE WEST LINE OF SAID
SECTION 33, NORTH 0'04 EAST 476.0 FEET;
EXCEPT THE WEST SIXTY-FIVE (65) FEET OF SAID SECTION 33.
PARCEL B·
THAT PART OF THE WEST 208.72 FEET OF THE SOUTH ONE-HALF OF THE
SOUTHWEST ONE-QUARTER (S½ OF SW¼) OF SAID SECTION 33, LYING
NORTH OF THE NORTH LINE OF THE SOUTH 717.44 FEET OF SAID
SECTION 33 AND WEST OF PARCEL A AS DESCRIBED ABOVE:
EXCEPT THE WEST SIXTY-FIVE (65) FEET OF SAID SECTION 33