Ordinance No. 32-25 Coyote Crest
Extracted text (via pymupdf)
10661 characters
1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 32-25 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, AMENDING THE ZONING MAP OF THE CITY OF BUCKEYE FOR APPROXIMATELY 64.45 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE ROOSEVELT STREET (FUTURE MCDOWELL PARKWAY) AND RAINBOW ROAD ALIGNMENTS FROM PLANNED COMMUNITY (PC) TO PLANNED AREA DEVELOPMENT (PAD). WHEREAS, by adoption of this Ordinance, the Council desires to amend the Zoning Map of the City of Buckeye by changing the zoning of approximately 64.45 acres of real property generally located at the southwest corner of the Roosevelt Street (Future McDowell Parkway) and Rainbow Road alignments from Planned Community (PC) to Planned Area Development (PAD); 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 November 25, 2025, and recommended approval of this zoning change; 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 foregoing recitals are incorporated as if fully set forth herein. Section 2. The Zoning Map of the City of Buckeye is hereby amended by changing approximately 64.45 acres of real property, as legally described in Exhibit A attached hereto and incorporated herein by reference, (the “Property”) from Planned Community (PC) to Planned Area Development (PAD). Section 3. All present and future owners of the Property shall develop the Property in accordance with the requirements of the Coyote Crest Planned Area Development Narrative, a copy of which is on file in the office of the City Clerk; and in accordance with conditions (a) through (r), as set forth in Exhibit B attached hereto. 2 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 16th day of December, 2025. ______________________________ Eric W. Orsborn, Mayor ATTEST: ______________________________ Lucinda J. Aja, City Clerk APPROVED AS TO FORM: ______________________________ K. Scott McCoy, City Attorney Attachments: Exhibit A: Legal Description and Depiction of the Land Exhibit B: Conditions of Approval EXHIBIT A Legal Description and Depiction of the Land (Consisting of the following 2 pages) EXHIBIT A | 11/17/2025 LEGAL DESCRIPTION OF THE PROPERTY NORTH NTS EXHIBIT A | 11/17/2025 SKYLINE BOUNDARY EXHIBIT B (Conditions of Approval) Planning Division Conditions – Standard/General a) Development of the property shall be in general conformance with the “Coyote Crest PAD” narrative document consisting of 47 pages date stamped October 6, 2025, except as modified by the following conditions. b) 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. c) Certificates of Adequate School Facilities from the Buckeye Union High School District and Buckeye Elementary School District shall be provided by developer with the first Site Plan application within the PAD. d) 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. e) 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 all included APN’s. f) All existing overhead power lines less than 69 kV capacity, or any other overhead utilities within the project area or along its boundaries, shall be installed underground. g) All existing irrigation facilities located on the site shall be abandoned, relocated, or installed underground. Any District-owned facilities to be located within the right-of-way shall be located near the rear of the right-of-way and the right-of-way shall be extended at least five (5) feet, unless otherwise determined by the City. Any additional easements for District-owned facilities shall be placed outside of the right-of-way and the public utilities easement. Drainage h) 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 features managed by the Flood Control District that is affecting this project Streets i) 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 McDowell Parkway, Rainbow Road, and 231st Avenue based on City of Buckeye standards. j) 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. k) It has been determined that a portion of the required improvements may not be 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. Water / Wastewater l) The Property Owner/Developer shall allocate any surface water rights to the City prior to the issuance of any building permits. m) 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 as 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. Transportation/Traffic n) Prior to 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. o) Access at 231st Avenue and Rainbow Road will be full access in the interim condition. These two access locations and the other two accesses (in between 231st Ave and Rainbow Road) along McDowell Parkway will be restricted to RI/RO in the future when McDowell Parkway is fully constructed as a parkway. p) Site accesses, if restricted to Right in/right out or ¾ access, shall be designed and constructed with all necessary medians, porkchops, etc. with this development. q) 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. r) Half-street improvements including Rights-of-Way dedication shall be required along the entire parcel frontage as part of this development, including the installation of ITS conduit per the City standards. ITS conduits (2 7-way micro-ducts) must be installed along McDowell Parkway per City standards, including any necessary splice boxes.