Ord. No. 19-25 PAD Amendment.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. 19-25 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, APPROVING AN AMENDMENT TO THE MILLER AND I-10 PLANNED AREA DEVELOPMENT AS DESCRIBED IN CASE NUMBER PLZZ- 24-0012; AND, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND SEVERABILITY. WHEREAS, by and through Ordinance No. 02-15 the Mayor and Council of the City of Buckeye, Arizona (“City”) previously approved the Miller and I-10 Planned Area Development (“PAD”) on approximately 32.75 acres of land located at the southeast corner of Miller Road and Interstate 10 as legally described on Exhibit A and depicted on Exhibit B, (“Property”) attached hereto and incorporated herein; and WHEREAS, the Development Code Article 8, Section 8.6 authorizes the Council to approve major amendments to a planned area development; and WHEREAS, the proposed Amendment to the Miller and I-10 PAD, Case No. PLZZ-24- 0012, (“Amendment”) will enhance the welfare of the community by modernizing the previously- approved list of permitted uses, development standards, and signage standards, and will not depreciate surrounding property values, and at the same time is in harmony with the purposes and intent of the City Development Code and General Plan; and WHEREAS, the proposed Amendment was noticed for public hearings, and the necessary hearings were conducted on April 22, 2025 and May 20, 2025; 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 City of Buckeye Planning & Zoning Commission held a public hearing on April 22, 2025, and recommended approval of the Amendment to the Miller and I-10 PAD. 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 Amendment to the Miller and I-10 PAD as set forth in Case No. PLZZ-24-0012 is hereby approved, subject to the Conditions of Approval attached hereto as Exhibit C, incorporated herein by this express reference. Section 3. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 2 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 thereof. Section 5. 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 20th day of May, 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 Exhibit B: Depiction of Property Exhibit C: Conditions of Approval 3 EXHIBIT A Legal Description (consisting of 2 pages) PARCEL NO. 1 THE SOUTH 369 FEET OF THE NORTH 1910 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST 40 FEET. PARCEL NO. 2 THE SOUTH 369 FEET OF THE NORTH 1541 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. EXCEPT THE WEST 40 FEET; AND EXCEPT ALL THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 17 WHICH LIES NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 17, WHICH POINT BEARS SOUTH 00 DEGREES 06 MINUTES 07 SECONDS EAST 1297.03 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 53 MINUTES 53 SECONDS EAST 50.00 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 07 SECONDS WEST 104.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 53 SECONDS EAST 296.10 FEET; THENCE NORTH 38 DEGREES 31 MINUTES 31 SECONDS EAST 600.00 FEET TO THE POINT OF ENDING. PARCEL NO. 3 THE SOUTH 369 FEET OF THE NORTH 1172 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST 40 FEET; AND EXCEPT THAT PORTION THEREOF SET FORTH IN FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 11856, PAGE 177 DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 369.00 FEET OF THE NORTH 1172.00 FEET OF SAID WEST HALF OF THE NORTHWEST QUARTER WHICH LIES WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH O DEGREES 06 MINUTES 07 SECONDS EAST, 1297.03 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 53 SECONDS EAST, 50.00 FEET; THENCE NORTH O DEGREES 06 MINUTES 07 SECONDS WEST, 104.00 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 53 SECONDS EAST, 296.10 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE NORTH 38 DEGREES 31 MINUTES 31 SECONDS EAST, 668.84 FEET AND THE TERMINATION OF THE LINE DESCRIBED HEREIN. PARCEL NO. 4 THE SOUTH 369 FEET OF THE NORTH 803 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST 40 FEET; AND EXCEPT THAT PORTION THEREOF SET FORTH IN FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 11856, PAGE 177 DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 369.00 FEET OF THE NORTH 803.00 FEET OF SAID WEST HALF OF THE NORTHWEST QUARTER WHICH LIES NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH O DEGREES 06 MINUTES 07 SECONDS EAST 1297.03 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 53 SECONDS EAST, 50.00 FEET; THENCE NORTH O DEGREES 06 MINUTES 07 SECONDS WEST, 104.00 FEET; THENCE NORTH 89 DEGREED 53 MINUTES 53 SECONDS EAST, 296.10 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIED; THENCE NORTH 38 DEGREES 31 MINUTES 31 SECONDS EAST, 668.84 FEET; THENCE NORTH 56 DEGREES 01 MINUTES 05 SECONDS EAST, 340.51 FEET; THENCE SOUTH 22 DEGREES 12 MINUTES 56 SECONDS EAST, 40.00 FEET; THENCE 67 DEGREES 47 MINUTES 04 SECONDS EAST, 235 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SAID SOUTH 369.00 FEET TO THE NORTH 803.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER AND THE TERMINATION OF THE LINE DESCRIBED HEREIN. 4 EXHIBIT B Depiction of Property (consisting of 1 page) 40' 0 S89'55'14"E 266.10' 504-63-549 DOC.04-1190033 504-63-550 DOC. 04-1490028 N89'58'54"E 47.33' co r--- N r--- ,- ;::: O> v in p 0 ;::: : O>. vi') • 0 I!) . 0 I!) 0 I!) 0 L= 256.35' R=588.00' =24 °58'44" CH=S 12 °35'11 "V 254.32' 504-63-551 1 0 Q DOC.04-1132232 <( <( 0 2 3 0 l------l--1--(0-------------------------t--t----- u:: 4 w _J _J 2 40' 0 p 0 0 z N44'55'14"W 63.64' S00'04' 46"W 9.47' PIMA BK 681 PG 1 504-63-007Z DOC.04-1132163 NB9'58'54"E 5 EXHIBIT C Conditions of Approval (consisting of 3 pages) General a) Development of the property shall be in general conformance with the document titled, “Miller and I-10 Planned Area Development Major Amendment,” consisting of 16 pages, dated March 7, 2025, and stamp received March 20, 2025, except as modified by the following conditions of approval. b) 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 of the project. c) 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. 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 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. Project Specific f) Development construction documents shall comply with the City of Buckeye most recent adopted Engineering Design Standards at the time of 1st submittal for final construction documents. g) Additional Engineering comments regarding grading, drainage, streets, water and wastewater may be provided during subsequent project submittals. h) The City has reviewed the plan and rezone for concept only. The site is subject to modifications once City comments are provided at site plan submittal. Project shall comply with current City of Buckeye Engineering Standards and requirements. i) All signage conceptually identified within the PAD shall require approval of a Comprehensive Sign Plan. Transportation/Traffic j) Prior to submittal of Final Civil Plans and Construction Documents and any permitting, a Master Traffic Impact Analysis for the entire site is required to be submitted and 6 approved. All requirements of the Traffic Impact Analysis shall be reflected on the approved construction drawings. Updates to the Master study or Traffic Impact Statements will be required for each parcel/pad development. k) Prior to the issuance of the first permit for the property, 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. l) All non-regional traffic signals that are required by this project shall be funded and constructed by this project prior to C of O. m) 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. n) All medians required for controlling restricted site access, such as right-in/right-out or ¾, shall be constructed with this development. o) 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 City must show the actions taken and/or required are reasonably limited to those necessary to address the threat to public safety. 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. p) ITS conduits (2 7-way micro-ducts) must be installed along Yuma Road per City standards, including any necessary splice boxes. q) Driveway spacing and storage requirements shall be per Table 1 of the COB Engineering Design Standards (EDS) Section 6-3. Streets r) 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 Miller Road and Durango Street based on City of Buckeye standards. 7 s) 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. Water/Wastewater t) The Property Owner/Developer shall allocate any surface water rights to the City prior to the issuance of any building permits.