Ordinance 19-26 Silver Rock Major Amendment w Exhibits1.pdf
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1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: Lucinda J. Aja, City Clerk 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 19-26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, APPROVING A MAJOR AMENDMENT TO THE SILVER ROCK COMMUNITY MASTER PLAN (“CMP”) AS DESCRIBED IN CASE NO. PLZZ- 25-0011 TO REDUCE THE SIZE OF THE CMP FROM APPROXIMATELY 1,241 ACRES TO APPROXIMATELY 500 ACRES BY REMOVING APPROXIMATELY 741 ACRES LOCATED NORTH OF THE ROOSEVELT IRRIGATION DISTRICT CANAL FOR INCLUSION IN THE EXPANDED WESTPARK COMMUNITY MASTER PLAN; AND, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND SEVERABILITY. WHEREAS, by and through Ordinance No. 13-05, on February 15, 2005, the Mayor and Council of the City of Buckeye, Arizona (“City”) previously approved the development of the Silver Rock Community Master Plan comprised of approximately 1,241 acres of land generally located south of Lower Buckeye Road/Yuma Road, north of Southern Avenue, east of Palo Verde Road, and west of Turner Road as legally described on Exhibit A (“Original Land Area”) attached hereto and incorporated herein; and WHEREAS, the proposed Amendment to the Silver Rock Community Master Plan, Case No. PLZZ-25-0011, applies to approximately 741 acres of land north of the Roosevelt Irrigation District (“RID”) Canal as legally described on Exhibit B and depicted on Exhibit C (“Amendment Area”), and seeks to remove the Amendment Area from the Original Land Area for inclusion in the expanded Westpark Community Master Plan; and WHEREAS, the proposed Amendment to the Silver Rock Community Master Plan for the Case No. PLZZ-25-0011, was properly noticed for public hearings, and the necessary hearings were conducted on June 23, 2026 and July 7, 2026; and WHEREAS, the proposed Amendment will enhance the welfare of the community by providing land use options that are compatible with the nearby Buckeye Municipal Airport and contributing to the City’s economic well-being, and will not depreciate surrounding property values, and is in harmony with the purposes and intent of the City Development Code and the General Plan; and WHEREAS, in accordance with Article II, Sections 1 and 2 of the Constitution of the State of Arizona, the Council has considered the individual property rights and personal liberties of the residents of the City before adopting this Ordinance; and WHEREAS, the City of Buckeye Planning & Zoning Commission held a public hearing on June 23, 2026, and recommended approval of this Community Master Plan Amendment. BE IT ORDAINED by the Mayor and Council of the City of Buckeye, Arizona: 2 Section 1. The recitals set forth above are incorporated as if fully set forth herein. Section 2. The Amendment to the Silver Rock Community Master Plan set forth in Case No. PLZZ-25-0011, is hereby approved, subject to the conditions of approval attached hereto as Exhibit D, attached hereto and incorporated herein by this express reference. Section 3. To the extent any provisions of the Silver Rock Community Master Plan Development Agreement dated February 15, 2005, and recorded in the Official Records of the Maricopa County Recorder on February 17, 2005, as Instrument No. 2005-0201897 (“Development Agreement”), remain in effect, the Amendment Area is hereby removed from the Development Agreement land area and released from any outstanding obligations and liabilities arising thereunder or in connection therewith. Section 4. All previously-approved land uses, densities, development standards and design requirements remain in full force and effect on the land area remaining within the Silver Rock Community Master Plan. Section 5. Approval of the Major Amendment to the Silver Rock Community Master Plan, as described herein, is expressly conditioned upon and shall not become effective unless and until the City Council approves the corresponding Major Amendment to the Westpark Community Master Plan providing for the inclusion of the Amendment Area. In the event the Westpark Community Master Plan amendment is not approved, this Ordinance shall be deemed null and void and shall have no force or effect. Section 6. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. 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 thereof. Section 8. The Mayor, City Manager, City Attorney, and City Clerk are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. [Signatures of the Following Page] 3 PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 7th day of July, 2026. Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: Tosca Henry, City Attorney Attachments: Exhibit A: Legal Description 2005 Original Land Area Exhibit B: Legal Description 2026 Amendment Area Exhibit C: Legal Depiction 2026 Amendment Area Exhibit D: Conditions of Approval EXHIBIT A Legal Description – Original Land Area (consisting of 8 pages) EXHIBIT B Legal Description – Amendment Area (consisting of 3 pages) U:\1300\1386\SURVEY\DOCS\LEGALS\1386-SECTION 27 (PARCEL 1)-LEGAL.docx Page 1 of 2 SILVERROCK CMP PARCEL NO. 1 LEGAL DESCRIPTION A parcel of land situate within the South half of Section 21 and the North half of Section 28, Township 1 North, Range 4 West of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the Northwest Corner of said Section 28, monumented by a MCDOT brass cap in hand hole, RLS 54704, dated 2018, from which the West Quarter corner of said Section 21, monumented by a PK nail, RLS 36888, bears as the Basis of Bearings North 00°10’30” East, 2607.97 feet; Thence South 89°40’02” East along the northerly line of said Section 28, 40.00 feet to the easterly line of westerly 40.00 feet being the POINT OF BEGINNING; Thence North 00°10'30" East along said easterly line, 1113.30 feet to the southerly line of the Roosevelt Irrigation District Canal; Thence along said southerly line the following 7 courses; Thence South 75°29'07" East, 2680.19 feet; Thence South 75°29'07" East, 616.84 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 2950.10 feet; Thence southeasterly along said curve to the right, through a central angle of 05°55'43", an arc length of 305.25 feet to a point of tangency; Thence South 69°33'24" East, 595.12 feet; Thence South 69°33'24" East, 60.46 feet to the beginning of a tangent curve, concave northeasterly, having a radius of 1700.00 feet; Thence southeasterly along said curve to the left, through a central angle of 11°43'05", an arc length of 347.68 feet to a point of tangency; EXHIBIT C Depiction – Amendment Area (consisting of 2 pages) EXHIBIT D [Conditions of Approval] SEE FOLLOWING PAGES General a) Unless specifically addressed within the Community Master Plan, all City of Buckeye laws and regulations shall apply. Planning b) Development of the property shall be in general conformance to the project narrative entitled “Silver Rock Community Master Plan Amendment”, consisting of 112 pages, dated May 11, 2026, and stamped received on May 11, 2026, except as modified by these conditions of approval. c) The Property Owner/s and their successor waive any and all claims for diminution in value of the property with regard to any action taken by City of Buckeye as result of the CMP approval. d) Unless expressly modified by these stipulations, all conditions of approval established by Ordinance 13-05 (2005 Silver Rock CMP approval) shall remain in full force and effect. Engineering e) Prior to any development within the remaining portion of Silver Rock, the CMP, Master Plans & Reports, and accompanying exhibits shall be amended in accordance with current City Engineering Design Standards. Said CMP Amendment shall be considered a Minor Amendment. Transportation f) Prior to approval of any site plan, pre-plat or planning entitlement project, a MASTER Traffic Impact Analysis is required to be submitted and approved. All requirements of the Traffic Impact Analysis shall be reflected on the approved construction drawings. This MASTER TIA should also analyze the proposed initial phase of development in addition to the entire development at full build out. Each subsequent proposed phase will be required to provide an update to the MASTER TIA that supports the phase being proposed. g) Roadway alignments must match the City Council adopted Transportation Master Plan. Any variations that are proposed may require additional analysis or additional City approval. h) Prior to the release of any civil permit, the Property Owner/Developer shall pay a pro rata share cost of up to nine (9) regional future traffic signals to be installed within this section of land. The pro rata share is based on a ratio of the project acreage to the developable acreage within the section. The sectional contribution is to be based on the following allocation of costs: (i) 25 percent share of four (4) possible signals at arterial street intersections; (ii) 50 percent share of four (4) possible signals at half-mile collector street intersections or project entries; and (iii) 100 percent share of one (1) possible signal internal to this project. The cost shall be based on an anticipated signal cost as determined by the City. i) All non-regional traffic signals that are required by this project shall be funded and constructed by this project prior to C of O. j) All regional traffic signals required by this project shall be constructed by this project prior to C of O. This may have a reimbursable component from the regional signal fees collected by the City from other parcels per City Engineer approval. k) All medians required for controlling site access (RI/RO, ¾ (RI/RO/LI)) shall be constructed with this development. l) In the event that access to and within the project is deemed a threat to public safety and security by the City, the City has broad authority to take such action as it deems necessary to address such a threat until such time as the Property Owner/Developer eliminates the safety concerns to the City’s satisfaction. The Property Owner/Developer is responsible for revising the roadway and access layout to alleviate the City’s concerns with respect to public safety and security. Any such changes will be considered a minor change to existing site plan approvals and shall be approved by the City. m) ITS conduits (2 7-way micro-ducts) must be installed along all major arterial, arterial, major collector and collector streets (as needed) per City standards, including any necessary splice boxes. n) Driveway spacing and storage requirements shall be per Table 1 of the COB Engineering Design Standards (EDS) Section 6-3. o) All major intersections will require right turn slip lanes and dual left turn lanes per City Detail 63300. p) Roadway classifications and cross sections will need to be verified with the TIA and may need to be updated to current standards. q) On major local or local streets with a running length longer than 1200', traffic mitigation must be shown on the plat. Traffic calming mitigation can include elements such as chicanes and footballs and must be implemented with initial design. These traffic mitigation strategies may require no parking signs in areas where the traffic mitigation elements make on street parking unsafe or unfeasible. Additional ROW to ensure these mitigations are feasible may be required. r) 4-legged intersections will require 2 way stop signs at a minimum and all way stops at major intersections as determined by the City at time of pre-plat submittal. s) 3-legged intersections that have higher traffic volumes and non-typical traffic patterns are required to have a minimum of a 2 way stop.