Ordinance No. 27-26 Monte Verde Major Amendment with Exhibits.docx.pdf
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WHEN RECORDED, RETURN TO: City of Buckeye ATTN: Summer Stewart, Interim City Clerk 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 27-26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, APPROVING A MAJOR AMENDMENT TO THE MONTE VERDE COMMUNITY MASTER PLAN (“CMP”) AS DESCRIBED IN CASE NUMBER PLZZ-24-0013 RELATED TO APPROXIMATELY 156 ACRES WITHIN THE CMP; MODIFYING THE CMP LAND USE PLAN TO EXPAND OPPORTUNITIES FOR COMMERCIAL, MULTI-FAMILY RESIDENTIAL, AND SINGLE-FAMILY RESIDENTIAL DEVELOPMENT IN THE AMENDMENT AREA; AND PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND SEVERABILITY. WHEREAS, the proposed amendment to the Monte Verde CMP, Case No. PLZZ-24- 0013, applies to approximately 156 acres of land legally described and depicted on Exhibit A (“2026 Amendment Area”); and WHEREAS, the proposed amendment to the Monte Verde CMP, Case No. PLZZ-24- 0013, was properly noticed for public hearings, and the necessary hearings were conducted on September 8, 2026 and October 6, 2026; and WHEREAS, the proposed amendment will enhance the welfare of the community by creating a unified planning framework and contributing to the City’s economic well-being, 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 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 September 8, 2026, and recommended approval of this zoning change subject to conditions. 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 Monte Verde CMP set forth in Case No. PLZZ-24- 0013 is hereby approved, subject to the conditions of approval attached hereto as Exhibit B, attached hereto and 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 1 Section 4. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. 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 6th day of October, 2026. Eric W. Orsborn, Mayor ATTEST: Summer Stewart, Interim City Clerk APPROVED AS TO FORM: Tosca Henry, City Attorney Attachments: Exhibit A: Legal Description and Depiction of the 2026 Amendment Area Exhibit B: Conditions of Approval 2 EXHIBIT A TO ORDINANCE 27-26 [Legal Description and Depiction – 2026 Amendment Area] (See Following Pages) The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is described as follows: PARCEL NO. 1: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, LYING SOUTH OF THE SOUTH LINE OF THE PARCEL OF LAND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED IN RECORDING NO. 2003-1715529, RECORDS OF MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, MONUMENTED BY A BRASS CAP, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 19, MONUMENTED BY A BRASS CAP, BEARS AS A BASIS OF BEARINGS SOUTH 89 DEGREES 42 MINUTES 33 SECONDS EAST, A DISTANCE OF 2637.67 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 110.02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 42 MINUTES 33 SECONDS EAST, ALONG A LINE PARALLEL TO AND 110.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTI0N 19, A DISTANCE OF 1616.69 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 09 SECONDS WEST. A DISTANCE OF 160.00 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 33 SECONDS EAST, ALONG A LINE PARALLEL TO AND 270.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 979.95 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 09 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 55.00 FEET; THENCE NORTH 89 DEGREES 42 MINUTES 33 SECONDS WEST, ALONG A LINE PARALLEL TO AND 325.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 2594.63 FEET TO A POINT LYING ON THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 215.01 FEET TO THE POINT OF BEGINNING; AND EXCEPT ALL URANIUM, THORIUM OR ANY OTHER MATERIALS WHICH IS OR MAY BE DETERMINED BY LAW OF THE UNITED STATES OR OF THIS STATE, OR DECISIONS OF COURTS TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED IN THE PATENT TO SAID LAND. PARCEL NO. 2: THAT PART OF THE SOUTHEAST QUARTER SECTION 19, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY OF THE ROOSEVELT IRRIGATION DISTRICT MAIN CANAL; EXCEPT THE EAST 40.00 FEET THEREOF; AND EXCEPT A PARCEL OF LAND SITUATE IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 19, BEARS SOUTH 00 DEGREES 24 MINUTES 26 SECONDS WEST, A DISTANCE OF 2630.05 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 26 SECONDS WEST ALONG THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 225.03 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 34 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 24 MINUTES 26 SECONDS WEST ALONG A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 150.07 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 55 SECONDS WEST, ALONG THE NORTHERLY LINE OF THE ROOSEVELT IRRIGATION DISTRICT CANAL, DISTANCE OF 2569.85 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 150.04 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 55 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 150.00 FEET NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE ROOSEVELT IRRIGATION DISTRICT CANAL, A DISTANCE OF 2571.27 FEET TO THE POINT OF BEGINNING. PARCEL NO. 3: A PARCEL OF LAND SITUATE IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, MONUMENTED BY A BRASS CAP, FROM WHICH THE NORTHEAST CORNER SAID SECTION 19, MONUMENTED BY A BRASS CAP IN A HANDHOLE BEARS AS A BASIS OF BEARINGS SOUTH 89 DEGREES 42 MINUTES 33 SECONDS EAST, A DISTANCE OF 2637.67 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 00 SECONDS EAST, ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 260.02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 42 MINUTES 33 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 260.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 1615.29 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 09 SECONDS WEST, A DISTANCE OF 10.00 FEET TO A LINE PARALLEL WITH AND 270.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 89 DEGREES 42 MINUTES 33 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 979.95 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF THE EASTERLY LINE THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 24 MINUTES 09 SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 55.00 FEET TO A LINE PARALLEL WITH AND 325.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 89 DEGREES 42 MINUTES 33 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 2594.63 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 08 MINUTES 03 SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING; AND EXCEPT ALL URANIUM, THORIUM OR ANY OTHER MATERIALS WHICH IS OR MAY BE DETERMINED BY LAW OF THE UNITED STATES OR OF THIS STATE, OR DECISIONS OF COURTS TO BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, AS RESERVED IN THE PATENT TO SAID LAND EXHIBIT B TO ORDINANCE 27-26 [Conditions of Approval] Planning/Standard a) Development of the property shall be in general conformance to the project narrative entitled “Monte Verde Community Master Plan, Major Amendment – 3rd Amendment”, consisting of 38 pages, dated May 22, 2026, and stamped received on June 29, 2026, except as modified by these conditions of approval. b) Unless expressly modified by these conditions, all conditions of approval established by Ordinance 60-05 (2005 Monte Verde CMP approval) shall remain in full force and effect. 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. Engineering/Project Specific d) Coordination with the City will be required for the northern portion of the CMP. Potential regional drainage infrastructure will be required to be built to address regional offset flows that impact the northern boundary of the CMP based upon area drainage master plans. e) The applicant/owner acknowledges that locations and/or design of buildings, access, parking, and/or any other site features may be subject to modification based upon City comments provided when a site application is filed for the property. Project shall comply with City of Buckeye Engineering Standards and requirements. Engineering/Standard General f) 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. g) 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 various APN’s within the CMP. h) This development is subject to a Cost Recovery Assessment in accordance with City of Buckeye Ordinance 20-13. The assessment amount is $82,082.98 per City of Buckeye Resolution No.30-26 and any future cost recovery with upcoming CIP projects. Any unpaid assessment shall be paid prior to or at the time of development or property subdivision, whichever comes first. Unpaid assessments shall be due and payable in full upon the earliest of any of the following development of the property to occur: 1. Approval of a development site plan. 2. Approval of a final subdivision plat that will result in a subdivision pursuant to the City Development Code. 3. At the time of issuance of a grading permit. 4. At the time of issuance of a building permit. 5. Approval of a change in zoning granted by the City Council. i) 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. j) 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. k) 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. Engineering/Standard Streets l) 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 Lower Buckeye Road, Miller Road, Warner Road and all internal roads based on City of Buckeye standards. m) The Property Owner/Developer shall submit a Minor Subdivision 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. Engineering/Standard Water & Wastewater n) The Property Owner/Developer shall allocate any surface water rights to the City prior to the issuance of any building permits. o) 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. Transportation/Traffic p) 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. The signal fee will be for the entire parcel of development regardless of any lots that may be split into different parcels as such as multi pad commercial development. q) All non-regional traffic signals that are required by this project shall be funded and constructed by this project prior to C of O. r) 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. s) All medians required for controlling site access such as RI/RO or ¾ access (RI/RO/LI) shall be constructed with this development. t) 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. u) ITS conduits (2 7-way micro-ducts) must be installed along major arterial or arterial streets per City standards, including any necessary splice boxes. v) Driveway spacing and storage requirements shall be per Table 1 of the COB Engineering Design Standards (EDS) Section 6-3. w) All major intersections will require right turn slip lanes and dual left turn lanes per City Detail 63300. Transportation/Preliminary Plats x) On major local or local streets with a running length longer than 1200', traffic mitigation must be shown on the plat. Traffic 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. y) 4-legged intersections will require 2-way stop signs at a minimum and all-way stops at major intersections. z) 3-legged intersections that have higher traffic volumes and non-typical traffic patterns are required to have a minimum of a 2-way stop.