Ordinance No. 11-26 Sundance Amendment Rezone.pdf
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1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 11-26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, APPROVING AN AMENDMENT TO THE SUNDANCE COMMUNITY MASTER PLAN AS DESCRIBED IN CASE NUMBER PLZZ-25-0012; AND AMENDING THE ZONING MAP OF THE CITY OF BUCKEYE FOR APPROXIMATELY 8.3 ACRES LOCATED WEST OF THE SOUTHWEST CORNER OF YUMA ROAD AND DEAN ROAD FROM COMMERCIAL CENTER (CC) TO COMMERCIAL CENTER (CC) WITH SUNDANCE COMMUNITY MASTER PLAN OVERLAY. WHEREAS, by adoption of this Ordinance, the Council desires to amend the Sundance Community Master Plan as Described in Case Number PLZZ-25-0012 and amend the Zoning Map of the City of Buckeye by changing the zoning of approximately 8.3 acres of real property located west of the southwest corner of Yuma Road and Dean Road from Commercial Center (CC) to Commercial Center (CC) with Sundance Community Master Plan Overlay; and WHEREAS, all required notices of the public hearings scheduled on this zoning request were provided pursuant to the Development Code of the City of Buckeye and State law; and WHEREAS, the City of Buckeye Planning & Zoning Commission held a public hearing on March 24, 2026, and recommended approval of this zoning change subject to conditions; and WHEREAS, in accordance with Article II, Sections 1 and 2 of the Constitution 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 recommended zoning changes are in conformity with the General Plan. BE IT ORDAINED, by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. The recitals set forth above are incorporated as if fully set forth herein. Section 2. The Zoning Map of the City of Buckeye is hereby amended by changing approximately 8.3 acres of real property, as legally described and depicted in Exhibit A, attached hereto and incorporated here by reference (“the “Property”) from Commercial Center (CC) to Commercial Center (CC) with Sundance Community Master Plan Overlay. Section 3. The Amendment to the Sundance Community Master Plan set forth in Case No. PLZZ-25-0012, Sundance Community Master Plan Major Amendment #20, Yuma Road and Dean Road, a copy of which is on file in the office of the City Clerk, is hereby 2 approved, subject to conditions of approval (a) through (p), as set forth in Exhibit B, attached hereto. Section 4. 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. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 21st day of April, 2026. Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: Tosca Henry, City Attorney Attachments: Exhibit A: Legal Description and Depiction of the Property Exhibit B: Conditions of Approval EXHIBIT A TO ORDINANCE 11-26 [Legal Description and Depiction] (See Following Pages) EXHIBIT B TO ORDINANCE 11-26 [Conditions of Approval] General a. Development of the property shall be in general conformance with the document titled “Sundance CMP Major Amendment, Amendment #20, Yuma Road and Dean Road – Narrative” consisting of 25 pages, dated January 22, 2026, and stamp received January 26, 2026, except as modified by the following conditions of approval. b. This project is subject to a Parkway Maintenance Improvement District (MID) formed pursuant to Arizona Revised Statue § 48-574 and in accordance with City of Buckeye Ordinance 42-06. This will include a legal and exhibit of the ownership parcel. c. This project is subject to Street Light Improvement District (SLID) in accordance with City of Buckeye Ordinance 43-05. This shall be established prior to the recordation of the first Final Plat, Minor Subdivision, MOD, or any other related land division. This will include a gross boundary legal and exhibit of the ownership parcels for the following APN’s 504-22-861 and 504-21-870A. d. 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 a result of this approval. e. All trash and construction debris shall be collected through a trash hauler that has a City of Buckeye business license. Trash enclosures shall be in accordance with City of Buckeye Standards. Drainage f. Prior to Final Plat approval, the Property Owner/Developer shall provide a letter from the Flood Control District of Maricopa County approving the conceptual design of the proposed construction on the existing alluvial fans, flood plains, floodways or other flood feature managed by the Flood Control District that is affecting this project. Transportation/Traffic g. The Property Owner/Developer shall be responsible for the dedication and construction of all half-street right-of-way and improvements, at no cost to the City, for Yuma Road based on City of Buckeye standards. h. The Property Owner/Developer shall submit a Map of Dedication (MOD) or other appropriate subdivision type to the City of Buckeye dedicating right-of-way for functionally classified roadways when requested to do so by the City. Such right-of-way may be requested by the City to be dedicated in advance of development to permit the construction of needed City infrastructure to adjacent sites. i. It has been determined that a portion of the required improvements may not constructed as part of this Development. The Developer shall be responsible to design all of the required improvements, including landscaped medians and/or gateway signage in accordance with the Buckeye Arterial Gateway Guide, if applicable, and then coordinate with the City to define the portion of improvements that will not be constructed as part of the development. A fee-in-lieu agreement will need to be completed to cover the omitted improvements, and the Property Owner/Developer will be required to provide payment to the City to cover the costs prior to Certificate of Occupancy being issued by the City. j. 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. 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. Water / Wastewater o. The Property Owner/Developer shall allocate any surface water rights to the City prior to the issuance of any building permits. p. Property Owner/Developer shall verify and complete due diligence if any proposed subdivision of the existing property requires a Certificate of Assured Water Supply based upon Arizona State Law Subdivision requirement. Prior to Final Plat approval, the Property Owner/Developer shall produce a Certificate of Assured Water Supply issued by the Arizona Department of Water Resources (ADWR), covering all lots and parcels created, defined, or depicted on said Plat, if the Certificate is required as determined by Property Owner/Developer due diligence. The certificate must be consistent with all Arizona Department of Water Resources ADWR rules and regulations. In the event the City has been designated an assured water provider prior to Final Plat approval, and the ADWR has not yet issued a Certificate or Certificates of Assured Water Supply for the subdivision, a Certificate or Certificates of Assured Water Supply will not be required by the City. The City may instead require as a condition to Final Plat approval that the Property Owner/Developer provide the City with other evidence demonstrating that there is sufficient volume and quality of water necessary to serve the demands at the subdivision such as a physical availability determination issued by the ADWR along with supporting documentation or that the Property Owner/Developer provide the City with a copy of an analysis of assured water supply, with supporting documentation, issued by the ADWR for the subdivision.