Ordinance No. 04-26 Project H2O Modifying Conditions with Exhibits.pdf

1 
WHEN RECORDED, RETURN TO: 
City of Buckeye  
ATTN: City Clerk, Lucinda J. Aja 
530 East Monroe Avenue  
Buckeye, Arizona 85326  
ORDINANCE NO. 04-26 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, AMENDING ORDINANCE NO. 18-23 RELATING TO THE REZONING 
OF APPROXIMATELY 158 ACRES GENERALLY LOCATED WEST OF THE 
NORTHWEST CORNER OF STATE ROUTE 85 AND PATTERSON ROAD BY 
AMENDING EXHIBIT D TO REPLACE CONDITIONS A THROUGH K WITH 
CONDITIONS A THROUGH L. 
WHEREAS, on May 2, 2023, the Mayor and Council of the City of Buckeye adopted 
Ordinance No. 18-23 rezoning approximately 158 acres generally located west of the northwest 
corner of State Route 85 and Patterson Road from Single-family Residential 43 (SF-43) to Heavy 
Industrial (I-2), subject to conditions set forth in Exhibit D; and    
WHEREAS, the Mayor and Council now desire to amend Ordinance No. 18-23 by 
amending Exhibit D to replace conditions “a” through “k” with conditions “a” through “l”; 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 
February 10, 2026, and recommended the Council approve the proposed modification of 
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 consistent with and conform to the 
General Plan. 
 BE IT ORDAINED, by the Mayor and Council of the City of Buckeye, Arizona, as follows:  
Section 1. 
The foregoing recitals are incorporated as if fully set forth herein. 
Section 2. 
All present and future owners of the real property described in Exhibit A 
and depicted on Exhibit B (the “Property”) shall develop the Property in accordance with the 
requirements of the “Project H2O Hydrogen Hub Minor General Plan Amendment and Rezoning 
Applications” project narrative, a copy of which is on file in the office of the City Clerk, as provided 
in Exhibit C, attached hereto, and with conditions a-l attached hereto as Exhibit D. 
Section 3.  
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.

2 
PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 
3rd day of March, 2026. 
______________________________ 
Eric W. Orsborn, Mayor  
ATTEST:  
______________________________ 
Lucinda J. Aja, City Clerk  
APPROVED AS TO FORM: 
______________________________ 
Tosca Henry, City Attorney 
Attachments: 
Exhibit A: 
Legal Description of the Property 
Exhibit B:  
Depiction of the Property 
Exhibit C: 
“Project H2O Hydrogen Hub Minor General Plan Amendment and Rezoning 
Applications” Project Narrative 
Exhibit D: 
Conditions (a) through (l)

EXHIBIT A 
TO  
ORDINANCE NO. 04-26 
Legal Description of Property 
(Consisting of the following 2 pages)

EXHIBIT "A" 
NIKOLA HYDROGEN HUB 
LOT 2 BOUNDARY 
LEGAL DESCRIPTION 
A parcel of land being situated within the South Half of Section 4, Township 3 
South, Range 4 West of the Gila and Salt River Meridian, Maricopa County, 
Arizona, being more particularly described as follows: 
COMMENCING at a found brass cap in hand hole accepted as the Southeast 
corner of said Section 4 from which a found brass cp in hand hole accepted as 
the South Quarter corner thereof bears North 85°16'29" West, 2612.47 feet; 
Thence North 00°03'25" West, 70.24 feet along the east line of the Southeast 
Quarter of said Section 4; 
Thence leaving said east line, North 85°16129" West, 460.15 feet along a line 
which is 70.00 feet north of and parallel with the south line of the Southeast 
Quarter of said Section 4 to the POINT OF BEGINNING; 
Thence continuing along said parallel line, North 85°16'29" West, 1757.16 feet; 
Thence leaving said parallel line, North 00°05'13" East, 437 .60 feet; 
Thence North 89°10'52" West, 1802.55 feet; 
Thence North 00°47'55" East, 1680.78 feet; 
Thence South 89°10'5211 East, 2053.65 feet; 
Thence South 88°33'06" East, 1508.05 feet; 
Thence South 00°48'49" West, 2221.48 feet to the POINT OF BEGINNING. 
EXCEPT ALL URANIUM, THORIUM OR ANY OTHER MATERIAL WHICH IS 
OR MAY BE DETERMINED TO BE PARTICULARLY ESSENTIAL TO THE 
PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF 
COMMERCIAL VALUE, AS RESERVED IN PATENT FROM THE UNITED 
STATES OF AMERICA 
The above described parcel contains a computed area of 6,846,631 sq ft 
(157.1770 acres) more or less and being subject to any easements, restrictions, 
rights-of-way of record or otherwise. 
The description shown hereon is not to be used to violate any subdivision 
regulation of the state, county and/or municipality or any land division restrictions. 
U:\2400\2489\SURVEY\PLA T\MLD\2489-MLD-LOT 2 LEGAL.docx 
Page 1 of 2

Prepared by: HILGAR1WILSON, LLC 
2141 
Highland Avenue, Suite 250 
Phoenix, AZ 85016 
Project No.: 2489 
Date: February 2023 
EXPIRES 03/31/2025 
U:\2400\2489\SURVEY\PLAT\MLD\2489-MLD-LOT 2 LEGAL.docx 
Page 2 of 2

EXHIBIT B 
TO  
ORDINANCE NO. 04-26 
Depiction of Property 
(Consisting of the following 1 page)

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LINE TABLE 
LINE NO. 
DIRECTION 
L1 
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L2 
N85'16'29"W 
L3 
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L4 
N89'1 O' 52"W 
W 1/4 COR SEC 4,
T3S, R4W, FOUND 
REBAR, NO I.D. 
S89'42' 43"E 2658.32' 
L6 
L4 
 
LENGTH 
460.15' 
1757.16' 
437.60' 
1802.55' 
LINE TABLE 
LINE NO. 
DIRECTION 
LENGTH 
LS 
N00'47'55"E 
1680.78' 
L6 
S89'10'52"E 
2053.65' 
L7 
S88'33'06"E 
1508.05' 
LB 
S00'48' 49"W 
2221.48' 
CENTER OF 
SEC 4, T3S, R4W, 
E 1 / 4 COR SEC 4, 
CALCULATED 
T3S, R4W, FOUND 
POSITION 
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P.0.8. - POINT OF BEGINNING 
P.0.C. - POINT OF COMMENCEMENT
PROJ.NO.: 
2489 
NIKOLA HYDROGEN HUB 
#/L-
DATE: 
FEB 2023 
LOT 2 BOUNDARY 
711 
SCALE: 
N.T.S. 
BUCKEYE, ARIZONA 
HILGARTWILSDN 
t-D_R_A_W_N ___ B_Y:--:-G-S----;---------------1 
2141 E. HIGHLAND AVE., STE. 250 
EX H I BIT " 8 " 
PHOENIX, AZ 85016 
CHECKED BY: BJB 
P: 602.4 
• 
2 
24 
2023, HILGARTWILSON, LLC 
U: 2400 2489 SURVEY DOCS\LEGAl \2489-LOT 2 BNDY EXHIBIT.dwg 2 2/2023 2: 34 PM

EXHIBIT C 
TO  
ORDINANCE NO. 04-26 
“Project H2O Hydrogen Hub Minor General Plan Amendment and Rezoning Applications” 
Project Narrative 
(On file with the City of Buckeye City Clerk’s Office)

EXHIBIT D 
TO  
ORDINANCE NO. 04-26 
Conditions a. through l. 
a.
Development of the property shall be in general conformance with the Project
Narrative entitled “Project H2O Rezone Modification of Stipulations Request”
project narrative consisting of seven pages, dated December 9, 2025, and stamped
received December 10, 2025, except as modified by the following conditions.
b.
Additional stipulations pertaining to development of the site will also be provided
as part of the project’s Site Plan review.
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 this approval.
d.
Prior to issuance of any permits for development, the developer shall submit, and
the Buckeye Fire Department shall approve, an emergency response plan related
to future operation of the site.
e.
This project is subject to a Street Light Improvement District (SLID) in accordance
with City of Buckeye Ordinance 43-05. The SLID shall be established prior to the
recordation of a plat or minor subdivision as determined in the SLID guidelines, and
submitted with the plat/minor subdivision or before.
f.
All trash shall be collected through a City of Buckeye licensed trash hauler,
including construction debris. Trash enclosures shall be in accordance with City of
Buckeye standards.
g.
All stormwater plans must meet the requirements of the City of Buckeye’s MS4
permit as issued by ADEQ (Permit Number AZG2016-002).
h.
The Buckeye Fire Chief and City Engineer shall determine the number, location,
and types of all fire hydrants.
i.
All buildings shall be equipped with a fire protection system as required by City of
Buckeye Ordinance 03-22.
j.
Prior to delivery of any combustible materials to the site, fire protection systems
shall be completely operational, with proper fire flow, and in accordance with the
plans approved by the Buckeye Fire Chief and City Engineer.
k.
Where two fire apparatus access roads are required, they shall be placed a
distance apart equal to not less than one half of the length of the maximum overall
diagonal dimension of the lot or area to be served, measured in a straight line
between accesses.
l.
Adherence to the following Transportation and Traffic Stipulations:
i.
Prior to approval of a site plan or pre-plat, a Traffic Impact Statement is
required to be submitted and approved.  This should give both
construction traffic daily and peak hour volumes along with after the site is
developed.

ii.
Coordination with ADOT will be required. They may require analysis of
intersections in a TIA.
iii.
The access off 283rd Avenue may be full access in the interim but will be
restricted to Right-in/Right out or a ¾ access in the future when 283rd
Avenue is fully built out.
iv.
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.
v.
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.
VERRADO WAY