Attachment A - Draft Ordinance - Z-123-23-3.docx
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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-123-23-3) FROM R1-14 (ONE-FAMILY
RESIDENCE) TO PUD (PLANNED UNIT DEVELOPMENT).
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning of a 2.55-acre property located at the northwest
corner of 31st Street and Winchcomb Drive in a portion of Section 11, Township 3
North, Range 3 East, as described more specifically in Exhibit “A,” is hereby changed
from “R1-14” (One-Family Residence) to “PUD” (Planned Unit Development).
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. 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.
An updated Development Narrative for the 31st Street & Winchcomb Drive
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 April 15, 2025, as
modified by the following stipulations:
a.
Front Cover: Revise the submittal date information to add the following:
City Council Adopted: [Add adoption date].
b.
Front Cover: Replace “4th Submittal” with “Hearing Draft” and update
the date to April 15, 2025.
c.
Page 11, Development Standards Table, Auto Court Drive: Replace
“Auto Court Drive” with “Street Standards (internal)”.
d.
Page 11, Development Standards, PUD Parking Standards: Replace
“should” with “shall”.
e.
Page 12, Development Standards, Landscape Standards Table,
Rear/Side Yard Landscape of Individual Lots: Replace “; live coverage
area is limited to the minimum interior building setbacks area of each lot
and excludes hardscape, pool, space, and turf areas” with “, planted
within a 5-foot-wide landscape area along the side and rear property
lines of each individual lot”.
f.
Page 13, Development Standards, Fences/Walls: Delete “when
mitigating noise from a school or neighboring property, particularly”.
g.
Page 16, Design Guidelines, Modified Design Guidelines: Delete the
following design guidelines: A.II.C.7.10.
h.
Pages 14 – 17, Design Guidelines, Modified Design Guidelines and
Elevated Design Guidelines: Delete “A.” before the section number for
each section header of modified and elevated Section 507 Tab A design
guidelines.
i.
Page 17, Design Guidelines, Additional Design Guidelines: Add the
following after the first sentence: “The design review guidelines indicated
with the markers (R), (R*), (P), (T), and (C) shall be applied and
enforced in the same manner as indicated in Section 507. Items not
indicated with an (R), (R*), (P), (T), and (C) shall be treated as (R).”
j.
Page 21, Sustainability, Practices Enforceable By the City: Add the
green stormwater infrastructure and water consumption measures (#10
– 16 of Additional Design Guidelines section) to the summary list of
enforceable sustainability measures of the PUD.
k.
Page 48, Exhibits, Building Setbacks: Revise the setback labels for the
east property line of Lot 3 and west property line of Lot 6 to differentiate
the interior front and interior side setback.
2.
A minimum of 25 feet of right-of-way shall be dedicated for the north side of
Winchcomb Drive, adjacent to the development, as approved by the Planning
and Development Department.
3.
A curved radius street connection between 31st Street and Winchcomb Drive
shall be dedicated and constructed, as approved by the Street Transportation
Department.
4.
The developer shall coordinate with the owner of the adjacent parcel to the
east (APN 214-55-972) to dedicate sufficient right-of-way to accommodate the
curved radius street connection at 31st Street and Winchcomb Drive, as
approved by the Street Transportation Department.
5.
Unused driveways shall be replaced with sidewalk, curb, and gutter. Also, any
broken or out-of-grade curb, gutter, sidewalk, and curb ramps on all streets
shall be replaced and all off-site improvements shall be upgraded to be in
compliance with current ADA guidelines.
6.
All streets within and adjacent to the development shall be constructed with
paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping, and other incidentals, as per plans approved by the Planning and
Development Department. All improvements shall comply with all ADA
accessibility standards.
7.
In the event archeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archeologist, and allow time for the
Archeology Office to properly assess the materials.
8.
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 4. 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 2nd day of July, 2025.
________________________________
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
Z-123-23-3 LEGAL DESCRIPTION
Located in the Southeast Quarter of Section 11, Township 3 North, Range 3 East, Gila
and Salt River Meridian, Maricopa County, Arizona. Described as follows:
Commencing at the East Quarter Corner of said Section 11;
Thence South 00°12'31" East, along the East line of said Southeast Quarter, a distance
of 1,344.96 feet;
Thence departing said East line, South 89°11'11" West, a distance of 661.80 feet;
Thence North 00°16'36" West, a distance of 335.79 feet to the Point of Beginning;
Thence South 89°08'20" West, a distance of 331.14 feet;
Thence North 00°14'47" West, a distance of 335.98 feet;
Thence North 89°10'22" East, a distance of 330.94 feet;
Thence South 00°16'52" East, a distance of 335.79 feet to the Point of Beginning.
Containing 111,184.69 square feet or 2.55 acres, more or less.