Ordinance No. 29-26 Elianto Major Amendmentwith Exhibits.pdf

City of Buckeye — Regular Council Meeting (2026-10-20)

View PDF Meeting page

Extracted text (via pymupdf_layout) 9600 characters
WHEN RECORDED, RETURN TO:
City of Buckeye
ATTN: Summer Stewart, Interim City Clerk
530 East Monroe Avenue
Buckeye, Arizona 85326
ORDINANCE NO. 29-26
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE,
ARIZONA, APPROVING A MAJOR AMENDMENT TO THE ELIANTO
COMMUNITY MASTER PLAN (“CMP”) AS DESCRIBED IN CASE NO. PLZZ-
26-0003 TO REDUCE THE SIZE OF THE CMP FROM APPROXIMATELY 3,931
ACRES TO APPROXIMATELY 1,104.6 ACRES BY REMOVING
APPROXIMATELY 2,771 ACRES LOCATED NORTH OF THOMAS ROAD,
SOUTH OF BETHANY HOME ROAD ALIGNMENT, EAST OF SUN VALLEY
PARKWAY, AND WEST OF TURNER ROAD ALIGNMENT, REMOVED
ACREAGE IS PROPOSED TO BE REZONED SEPARATELY THROUGH THE
CASCADE PLANNED AREA DEVELOPMENT (PAD); AND, PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND SEVERABILITY.
WHEREAS, by and through Ordinance No. 66-04, on November 16, 2004, the Mayor
and Council of the City of Buckeye, Arizona (“City”) previously approved the development of the
Elianto Community Master Plan comprised of approximately 3,931 acres of land generally
located north of Thomas Road, south of Bethany Home Road alignment, east of Johnson Road
alignment, and west of Turner Road alignment, on both sides of Sun Valley Parkway, as legally
described on Exhibit A (“Original Land Area”) attached hereto and incorporated herein; and
WHEREAS, the proposed Amendment to the Elianto Community Master Plan, Case No.
PLZZ-26-0003, applies to approximately 2,771 acres of land north of Thomas Road, south of
Bethany Home Road alignment, east of Sun Valley Parkway, and west of Turner Road
alignment as legally described on Exhibit B and depicted on Exhibit C (“Amendment Area”), and
seeks to remove the Amendment Area from the Original Land Area for inclusion in the
expanded The Cascade Planned Area Development; and
WHEREAS, the proposed Amendment to the Elianto Community Master Plan for the
Case No. PLZZ-26-0003, was properly noticed for public hearings, and the necessary hearings
were conducted on September 22, 2026 and October 20, 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 the
State of Arizona, the Council has considered the individual property rights and personal liberties
of the residents of the City before adopting this Ordinance; and
1

WHEREAS, the City of Buckeye Planning & Zoning Commission held a public hearing
on September 22, 2026, and recommended approval of this Community Master Plan
Amendment.
BE IT ORDAINED by the Mayor and Council of the City of Buckeye, Arizona:
Section 1. The recitals set forth above are incorporated as if fully set forth herein.
Section 2. To the extent any provisions of the Elianto Community Master Plan
Development Agreement dated December 20, 2004, and recorded in the Official Records of the
Maricopa County Recorder on December 21, 2004, as Instrument No. 2004-1501123
(“Development Agreement”), remain in effect, the Amendment Area is hereby removed from the
Development Agreement land area and released from any outstanding obligations and liabilities
arising thereunder or in connection therewith.
Section 3. All previously-approved land uses, densities, development standards and
design requirements remain in full force and effect on the land area remaining within the Elianto
Community Master Plan.
Section 4. Approval of the Major Amendment to the Elianto Community Master Plan,
as described herein, is expressly conditioned upon and shall not become effective unless and
until the City Council approves the corresponding Major Amendment to The Cascade Planned
Area Development providing for the inclusion of the Amendment Area. In the event The
Cascade Planned Area Development amendment is not approved, this Ordinance shall be
deemed null and void and shall have no force or effect.
Section 5. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. 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 7. 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.
[Signatures on the Following Page]
2

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 2004 Original Land Area
Exhibit B: Legal Description 2026 Amendment Area
Exhibit C: Legal Depiction 2026 Amendment Area
3

EXHIBIT A
TO
ORDINANCE 29-26
[Legal Description – Original Land Area]
Parcel 1:
The South Half of Section 16, Township 2 North, Range 4 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona;
Except all mineral deposits as reserved in Book 331 of Deeds, Page 569.
Parcel 2:
Section 21, Township 2 North, Range 4 West of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona.
Parcel 3:
The Northeast Quarter of Section 28, Township 2 North, Range 4 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona.
Parcel 4:
The Northwest Quarter of Section 28, Township 2 North, Range 4 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona.
Parcel 5:
The Southwest Quarter of Section 27, Township 2 North, Range 4 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona.
Parcel 6:
The North Half of the Northeast Quarter; And the Northwest Quarter of Section 27, Township 2
North, Range 4 West Of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
Parcel 7:
The South Half of Section 15, Township 2 North, Range 4 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona.
Parcel 8:
The West Half of Section 22, Township 2 North, Range 4 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona.

Parcel 9:
The Southeast Quarter of Section 29, Township 2 North, Range 4 West Of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona;
Except all coal and minerals as reserved in 85-411087.
Parcel 10:
Section 18, Township 2 North, Range 4 West of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona;
Except that portion of the Southwest Quarter of Section 18, Township 2 North, Range 4 West of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly
described as follows:
Beginning at a 3 ½ inch G.L.O. Brass Cap, found at the Southwest Corner of said Section 18;
Thence North 00 Degrees 20 minutes 38 seconds East, along the West line of the Southwest
Quarter of Section 18, a distance of 685.26 feet;
Thence South 58 Degrees 48 minutes 35 seconds East, a distance of 595.04 feet to a point of
curvature, concave Northeasterly, whose radius is 2600.00 feet;
Thence Southeasterly, along said Curve to the left, through a central angle of 31 Degrees 13
minutes 45 seconds, an arc distance of 1417.13 feet, to a point on the South Line of the
Southwest Quarter of said Section 18;
Thence South 89 Degrees 57 minutes 40 seconds West along the South line of the Southwest
Quarter of said Section 18, a distance of 1861.39 feet, to a 3 ½ inch G.LO. Brass Cap, and the
True Point of Beginning.
Parcel 11:
The West Half of Section 17, Township 2 North, Range 4 West of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona;
Parcel 12:
The Southwest Quarter of Section 28, Township 2 North, Range 4 West of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona;
Except all minerals, oil, gas and geothermal resources reserved in the patent from The United
States Of America recorded August 29, 1985 in Recording No. 85-411086, official records and
in instrument recorded in Recording No. 85-411087, official records.
Parcel 13:
The South Half of Lot 6 and the South Half of Lot 7, Section 15, Township 2 North, Range 4
East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.

Parcel 14:
The North Half of the West Half of the Northeast Quarter of Section 22, Township 2 North,
Range 4 West of the Gila and Salt River Base and Meridian, Maricopa, County, Arizona.
Parcel 15:
The North Half of the South Half of the West Half of the Northeast Quarter of Section 22,
Township 2 North, Range 4 West of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona.
Parcel 16:
The South Half of the Southeast Quarter of the Southeast Quarter of Section 22, Township 2
North, Range 4 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
Parcel 17:
The South Half of the South Half of the West Half of the Southeast Quarter of Section 22,
Township 2 North, Range 4 West of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona.
Parcel 18:
The Southeast Quarter of Section 28, Township 2 North, Range 4 West of Gila and Salt River
Base and Meridian, Maricopa County, Arizona

EXHIBIT B
TO
ORDINANCE 29-26
[Legal Description – Amendment Area]
SEE FOLLOWING PAGES





EXHIBIT C
TO
ORDINANCE 29-26
[Depiction – Amendment Area]
SEE FOLLOWING PAGES