Ordinance No. 28-26 Cascade Rezone to PAD with Exhibits.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. 28-26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, AMENDING THE ZONING MAP OF THE CITY OF BUCKEYE FOR APPROXIMATELY 2,771 ACRES GENERALLY LOCATED NORTH OF THOMAS ROAD SOUTH OF BETHANY HOME ROAD ALIGNMENT, EAST OF SUN VALLEY PARKWAY, AND WEST OF TURNER ROAD ALIGNMENT FROM PLANNED COMMUNITY (PC) WITH ELIANTO COMMUNITY MASTER PLAN (CMP) OVERLAY TO THE CASCADE PLANNED AREA DEVELOPMENT (PAD). WHEREAS, by adoption of this Ordinance, the Council desires to amend the Zoning Map of the City of Buckeye by amending the zoning of approximately 2,771 acres of real property located at the generally located north of Thomas Road, south of Bethany Home Road alignment, east of Sun Valley Parkway, and west of Turner Road alignment from Planned Community (PC) with Elianto Community Master Plan (CMP) Overlay to The Cascade 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 September 22, 2026, 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 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. The Zoning Map of the City of Buckeye is hereby amended by amending the zoning of approximately 2,771 acres of real property, as legally described and depicted in Exhibit A attached hereto and incorporated herein by reference, (the “Property”) from Planned Community (PC) with Elianto Community Master Plan (CMP) Overlay to Planned Area Development (PAD), subject to conditions (a) through (aa) as provided on the attached Exhibit B, incorporated by this reference. 1 Section 3. All present and future owners of the Property shall develop the Property in accordance with the requirements of The Cascade 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 (aa), 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 20th 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 Land Exhibit B: Conditions of Approval 2 EXHIBIT A Legal Description and Depiction of the Land (Consisting of the following 6 pages) EXHIBIT B Conditions of Approval (Consisting of the following 3 pages) Planning/Standard a. Development of the property shall be in general conformance to the project narrative entitled “The Cascade – Planned Area Development”, consisting of 599 pages, dated September 2026, and stamped received on October 2, 2026, except as modified by these conditions of approval. 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 the PAD approval. Planning/Project Specific c. Design and construction of regional trails and trailheads identified in the Parks and Recreation Master Plan (PRMP), or as amended if less restrictive, including, but not limited to, size, width, surface material, lighting, landscaping, and seating, shall adhere to the applicable standards within the PRMP. Trail alignments through the project may meander, provided that the points where regional trails enter or exit the property coincide with the locations shown in the PRMP. All other private trails within the project may be designed and constructed in accordance with the applicable standards of the Cascade PAD, or as approved by the Zoning Administrator if special circumstances are found to warrant a deviation. d. No more than eighty percent (80%) of the single-family detached lots within a Village shall have the same lot width, with the remaining lots incorporating one or more lot widths differing by at least five (5) feet. Compliance may be demonstrated cumulatively through the Preliminary Plats approved within the Village. e. Prior to issuance of a Certificate of Occupancy for the first non-model residential dwelling unit within a Final Plat, all common-area open space, parks, landscaping, tracts, and public rights- of-way located within the boundaries of that Final Plat shall be completed and approved by the City in accordance with the applicable approved plans, unless an alternative phasing plan is submitted with a Preliminary Plat or Final Plat and approved by the City Engineer and Zoning Administrator. f. Sun Valley Parkway will be annexed adjacent to the development. Any improvements to The Cascade project, including landscaping within the right-of-way, shall be completed to City of Buckeye standards. Fire Department/Standard g. Any RWC communication tower that the City determines is necessary for public safety purposes shall be exempt from any PAD restriction with the design location or height requirements. However, the property owner of the intended location shall receive notice of tower location and design, and shall have ability to provide comments to the City. Prior to any Final Plat submittals, the developer will need to work with the Fire Chief and City Attorney to agree upon emergency response times, staffing, fire equipment and housing for each phase of development. Engineering/Standard General h. This project is subject to a 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. i. 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 _504-05-002R, 504-05-002S, 504-05-002T, 504-05-003C, 504-05-003D, 504-05- 009B , 504-05-009E, 504-05-009F, 504-06-004A, 504-06-014A, 504-26-014B, 504-06- 015C, 504-06-015E, 504-06-016A, 504-06-016C, 504-06-016D, 504-06-019C, 504-06- 019D, 504-06-019E, 504-06-019F, 504-06-020E . j. 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. 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 Grading & Drainage l. Prior to Final Plat approval, the CLOMR must be approved by the Flood Control District that is affecting this project. m. Prior to any construction plan approval, a Floodplain Clearance Letter or a Floodplain Use Permit (FUP) from the Flood Control District of Maricopa County (FCDMC), including the improvements on the parcel, shall be submitted to the City. n. A Floodplain Use Permit (FUP) must be approved by the Flood Control District (FCDMC) prior to the issuance of a building permit for lots located within an effective floodplain or floodway. o. Individual single family home Certificates of Occupancies (CofO) are allowed on lots which obtained a Floodplain Use Permit (FUP), if owner / developer obtains an Elevation Certificate for each home. Engineering/Standard Streets p. The Property Owner/Developer shall be responsible for the dedication and construction of all adjacent half-street right-of-way and improvements, at no cost to the City, for Sun Valley Parkway, Turner Parkway and Thomas Road. The Property Owner/ Developer shall be responsible for dedicating and constructing Wilson Ave, Indian School Rd, Camelback Rd, and internal to the project. q. The Property Owner/Developer shall submit a Master Plat or other appropriate subdivision type to the City of Buckeye dedicating right-of-way outlined in the City approved Village Traffic Impact Analysis. 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. r. 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 (see condition s below), 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 may need to be completed to cover the omitted improvements, and the Property Owner/Developer will be required to enter into such agreement with each phase of improvements and provide payment to the City to cover the costs prior to Certificate of Occupancy being issued by the City. This condition applies to Sun Valley Parkway, Thomas Road, and Turner Parkway for median improvements that cannot be constructed until other half of street is improved. s. The City of Buckeye Arterial Gateway Guide shall apply to medians in Sun Valley Parkway and Turner Road adjacent to this project. The developer shall have the ability to dictate the landscape and hardscape theming of all other street medians internal to or on the perimeter of the PAD, provided: 1) Theming and materials shall be consistent for the full extent of the median that lies within or adjacent to the project boundary and 2) the level of design, plant densities, and hardscape treatments shall be of comparable quality to the Tier 2 median concepts within the Arterial Gateway Guide. Engineering/Standard Water & Wastewater t. The Property Owner/Developer shall allocate any existing surface water rights at the time of this approval to the City prior to the issuance of any building permits. u. Property Owner/Developer shall provide a Certificate of Assured Water Supply based on the Arizona State subdivision requirements and/or Arizona Department of Water Resources (ADWR rules and regulations). Transportation/Traffic v. Any Village-level or subsequent project-specific TIA shall be consistent with the approved Master TIA and may be submitted following approval of the Master TIA. If the findings and recommendations of the approved Master TIA require modifications to the roadway cross-sections, intersection configurations, roadway classifications, or other transportation improvements depicted or contemplated in the approved PAD, a minor amendment to the PAD shall be required. w. All traffic signals required by this project in each phase shall be constructed per the approved Village Traffic Impact Analysis. x. All medians required for controlling site access (right-in/right-out or ¾ (RI-RO-Left in) shall be constructed with this development. y. Half-street improvements, including Rights-of-Way dedication shall be required along the entire parcel frontage as part of this development for each phase, including the installation of ITS conduit per the City standards. ITS conduits (2 7-way micro-ducts) must be installed along all arterial streets and collectors, if necessary, per City standards, including any necessary splice boxes. z. Driveway spacing and storage requirements shall be per Table 1 of the COB Engineering Design Standards (EDS) Section 6-3, unless agreed upon by the City Engineer or outlined in an approved Traffic Impact Analysis. aa. All major intersections will require right turn slip lanes and dual left turn lanes per City Detail 63300 unless deemed to need more infrastructure per the Master TIA or Village TIA, unless agreed upon by the City Engineer or outlined in an approved Traffic Impact Analysis.