ORDINANCE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR MARICOPA COUNTY ARIZONA PROVIDING FOR AN AMENDMENT TO THE 288

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1 ORDINANCE AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR MARICOPA COUNTY ARIZONA PROVIDING FOR AN AMENDMENT TO THE 288 ACRE SIERRA VISTA FOOTHILLS F1NAL PLANNED AREA DEVELOPMENT PAD TO EXCLUDE 74 ACRES FROM THE PAD AND REZONE THE 74 ACRES TO THE ESTRELLA PHASE II FINAL PAD AND APPROVE AN AMENDMENT TO THE PAD FOR THE REMAINING 281 ACRES GENERALLY LOCATED ON THE NORTHEAST CORNER OF PECOS ROAD AND THE SARNAL ROAD ALIGNMENT FUTURE COTTON LANE AND BOUNDED ON THE EAST BY THE ESTRELLA MOUNTAIN REGIONAL PARK AND PRIVATE LAND ADOPTING SUPPLEMENTARY ZONING MAP NO 102 TO PROVIDE FOR THE PAD ZONING AMENDMENT PROVIDING SEPARABILITY AND PROVIDiNG FOR AN EFFECTIVE DATE WHEREAS the City of Goodyear Planning and Zoning Commission held a public hearing on Case No on October in the manner prescribed by law for the purpose of considering an amendment to the Planned Area Development PAD zoning for Sierra Vista Foothills generally located between the Williams Field Road and Pecos Rood alignments and between the Cotton Lane and Reems Road alignments rezoning 74 acres from the Sierra Vista Foothills Final PAD to the Estrella Phase II Final PAD and approving a revised Final PAD for the remaining 281 acres as set forth in the Sierra Vista Foothills Amended Final Planned Area Development dated October 2010 and WHEREAS 74 acres were inadvertently included in Ordinance rezoning 288 acres to the Sierra Vista Foothills Final PAD and WHEREAS these 74 acres should not have been included in the Sierra Vista Foothills PAD and should be reverted to the original zoning of Estrella Phase II Final PAD and subject to the stipulations contained in Ordinance and WHEREAS due and proper notice of such public hearing before the City of Goodyear Planning and Zoning Commission was given in the time form substance and manner provided by law including publication of such notice in THE ARIZONA REPUBLIC on October and WHEREAS the City of Goodyear Planning and Zoning Commission has recommended to the Mayor and Council of the City of Goodyear Arizona that it conditionally approve the zoning amendment as aforesaid and WHEREAS the Mayor and Council of the City of Goodyear Arizona desire to accept the recommendation of the Planning and Zoning Commission and amend the Sierra Vista Foothills Final Planned Area Development PAD zoning generally located on the northeast corner of Pecos Road and the Sarival Road alignment future Cotton lane and bounded on the east by the Estrella Mountain Regional Park and private land Page 6 of 14

2 NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the City of Goodyear Arizona that SECTION I Rezonin The planned land uses development standards and design guidelines for the PAD zoning district on the 74acre parcel of land as shown on Supplementary Zoning Map No 102 in Exhibit A and legally described in Exhibit B attached hereto attached hereto are hereby conditionally rezoned from the Sierra Vista Foothills Final PAD to the Estrella Phase II Final PAD and subject to the stipulations of Ordinance SECTION II Rezonin The planned land uses development standards and design guidelines for the PAD zoning district on the 281 acre parcel of land as shown on Supplementary Zoning Map No 102 in Exhibit A and legally described in Exhibit C attached hereto are hereby conditionally amended as provided in the Zoning Ordinance SECTION III Conditions The PAD zoning amendment for the 281 acre Sierra Vista Foothills Final PAD herein provided for is subject to the following conditions 1 All infrastructure improvements required to be constructed within the Sierra Vista Foothills development shall be in compliance with the Planned Area Development PAD zoning district criteria and City of Goodyear Engineering Design Standards and Policies Manual and with the Maricopa Association of Governments MAG standards for public works construction in effect when the infrastructure improvements are constructed except as modified by the City Engineer and the Sierra Vista Foothills Amendment Final Planned Area Development 2 All development within the rezoned property shall be in compliance with the development concepts and standards as contained in the Sierra Vista Foothills Amended Final Planned Area Development dated October 2010 as amended by stipulations and adopted by City Council 3 Concurrently with City Council action to approve the first preliminary plat within the rezoned property or at least thirty 30 days prior to the approval of the first site plan within the rezoned property the property owner s and the City shall enter into a Master Development Agreement that adequately addresses and sets forth the property owner s and or developer s responsibilities and obligations to fund and or provide all capital equipment design install and or construct allon site andoff site public infrastructure and subsidize the costs incurred in providing City services to the property as determined by the City as being necessary to support the development of the rezoned property to allow the City to provide City services to the rezoned property and or to mitigate the impacts of the development on City services and infrastructure including but not limited to wastewater treatment and distribution facilities water treatment and distribution facilities water campuses and well fields reclaimed water facilities transportation facilities and corridors and public safety equipment and facilities Page7of14

3 4 If the developer property owner s successors and or assigns fail to comply with the Final PAD zoning any stipulation term condition or provision of the ordinance that amends the Final PAD zoning any other City codes and regulations or any term conditions or provision of the Master Development Agreement in the development of the Sierra Vista Foothills PAD within ninety 90 days after receipt of written notification from the Community Development Director or his designee then the City may initiate action to revoke the Final PAD zoning and adopt an ordinance to revert the zoning on the property to the zoning classification in effect prior to the Final PAD zoning for those portions of the rezoned property that are innon compliance or default and that have not received a building permit The developer property owner s successors and or assigns at their sole cost shall be responsible for the preparation of infrastructure plans detailing the public infrastructure requirements and capital equipment determined by the City as being necessary to support the development of the rezoned property and or to allow the City to provide City services to the rezoned property including by way of example but not limitation water wastewater reclaimed water transportation including pedestrian trails and vehicular roadways drainage public safety parks and open space sufficient to develop the rezoned property consistent with the uses densities and intensities reflected in the Sierra Vista Foothills Final PAD All required public infrastructure shall be designed constructed and or installed consistent with all applicable ordinances resolutions regulations guidelines standards and Utility Master Plans adopted by the City that are in effect when such public infrastructure is designed constructed and or installed 6 The developer property owner s successors and or assigns shall dedicate at no cost to the City lien and debt free all rights of way easements and public utility easements within and adjacent to the rezoned property for the installation construction maintenance and or operation of the public infrastructure determined by the City as being necessary to facilitate the development reflected in the Sierra Vista Foothills Final PAD and or to allow the City to provide City services to the rezoned property Such dedication shall be made concurrently with the recordation of any final subdivision plat or approval of any Site Plan unless requested to do so earlier by the City The developer property owner s successors and or assigns shall provide accurate legal descriptions and map exhibits and execute the appropriate documents for the dedication of any necessary arterial street rights of way adjacent to the rezoned property within 60 days when requested in writing by the City Engineer or his designee to facilitate the construction of necessary City infrastructure within the requested rights of way The developer property owner s successors and or assigns shall at their sole cost acquire and shall dedicate to the City at no cost all rights of way easements and other real property interests necessary for the installation Page 8 of 14

4 and or construction of off site public infrastructure improvements developer property owner s successors and or assigns are required to construct The developer property owner s successors and or assigns shall at their sole cost design install and or construct all necessary infrastructure on site and or off site and acquire all capital equipment necessary to allow the City to provide potable water service to the Property which may include by way of example but not limitation production well fields storage facilities treatment infrastructure and delivery infrastructure 9 Prior to approval of any preliminary subdivision plat and or site plan for the rezoned property the developer property owner s successors and or assigns shall provide to the City a report that identifies current water rights associated with the property and a comparison of these rights with the water demand required by the development 10 The developer property owner s successors and or assigns shall convey to the City all Type I and Type II water rights appurtenant to the rezoned property prior to approval of any final subdivision plat and or site plan for the property and apply to the Arizona Department of Water Resources ADWR for the extinguishment of such water rights appurtenant to Sierra Vista Foothills and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City 11 The developer property owner s successors and or assigns shall at their sole cost design install and or construct all infrastructure on site and off site and acquire all capital equipment necessary to allow the City to provide wastewater service to the rezoned property which may include by way of example storage facilities treatment facilities lift stations and delivery infrastructure 12 The developer property owner s successors and or assigns shall at their sole cost design install and or construct all infrastructure on site and off site and acquire all capital equipment necessary for an operational reclaimed water transmission and distribution system to serve the rezoned property with reclaimed water which may include by way of example storage facilities treatment facilities lift stations and delivery infrastructure 13 The developer property owner s successors and or assigns shall design install and or construct all transportation related infrastructure on site and or off site and acquire all capital equipment necessary to provide for safe and adequate circulation to and within the rezoned property connectivity to neighboring properties and connectivity to existing and future regional transportation routes 14 The developer property owner s successors and or assigns shall submit a current Phase I Environmental Survey designating the City of Goodyear as a Page 9 of 14 91

5 named party to whom such survey is delivered and to whom such certification is made together with any additional environmental surveys which the City Engineer deems necessary dependent upon the contents of the Phase I survey Such survey shall cover publicly dedicated rights of way easements or other parcels of land dedicated to the public and shall be submitted at time of construction plan review for the project Any environmental conditions identified by the Phase I Environmental Site Assessment shall be addressed and remediated to the satisfaction of the City Engineer or his designee prior to recordation of any final plat or approval of any site plan for the project 15 Adequate fire access fire flow and capacity shall be demonstrated to the Fire Chief or designee prior to approval of any certificate of occupancy for buildings within the Sierra Vista Foothills PAD 16 The developer property owner s successors and or assigns shall at their sole cost fund design install or construct all fire and police facilities on site or off site including permanent and or temporary fire stations and fund or purchase all fire and police capital equipment necessary to serve the rezoned property The required fire and police equipment and facilities and the development phasing timeframe for the purchase installation or construction of such equipment or facilities shall be in conformance with the City s Public Safety Facilities Infrastructure Plan and included within the Master Development Agreement 17 All on site and off site infrastructure improvements identified as being necessary to serve development within Sierra Vista Foothills shall be installed by the developer property owner s successors and or assigns in accordance with a phasing plan s approved by the City Engineer or designee Such phasing plan s shall be submitted to the City Engineer for review and approval prior to preliminary plat approval 18 The maximum number of dwelling units permitted within Sierra Vista Foothills shall be All future commercial development within Sierra Vista Foothills is subject to site plan review and approval by City staff at which time all elements of site development for the subject site plan will be reviewed including but not limited to architecture landscaping grading and drainage infrastructure parking access and circulation All commercial development shall be in conformance with the Sierra Vista Foothills PAD and applicable City design guidelines policies and ordinances in effect at the time of site plan submittal 20 The underground placement of all existing and proposed permanent utilities excluding power lines 69 kv or larger within each phase of development and abutting the development s portion of perimeter arterial streets prior to issuance of the first certi cate of occupancy for that phase of development Page 10 of 14

6 21 With respect to the residential parcels the developer and or property owner shall provide for a waiver agreement which shall run with the land for each initial homebuyer to sign and shall include the following statement in the waiver agreement Sierra Vista Foothilis may be subject to attendant noise vibrations dust and all other effects that may be caused by overflights and by the operation of aircraft landing at or taking off from Luke Air Force Base and or the Phoenix Goodyear Airport The owner does release and discharge the City of Goodyear developer and homebuilder from any liability for any and all claims for future damages and complaints of any kind to persons or property that may arise at any time in the future from the operation of such aircraft near and over the area 22 With respect to the residential parcels the Public Sales Report and final plat shall include a statement that Sierra Vista Foothills may be subject to attendant noise vibrations dust and all other effects that may be caused by overflights and by the operation of aircraft landing at or taking off from Luke Air Force Base and or the Phoenix Goodyear Airport 23 The following information shall be disclosed for the residential parcels in the Public Sales Report and by note on the final plat and shall be provided in a separate acknowledgment which shall run with the land for each initial homebuyer to sign Sierra Vista Foothills is in close proximity to agricultural uses and may therefore be subject to noise dust and odors associated with such uses 24 All development within Sierra Vista Foothills shall conform to the Sierra Vista Foothills PAD and applicable City of Goodyear Design Guidelines in effect at the time of subdivision plat or site plan submittal 25 All garages including side entry garages that front a residential local street shall utilize designer style carriage doors such as providing windows and or beveled accents as standard or other architecturally enhanced garage doors that complement the dwelling s design style acceptable to the Community Development Director or his designee 26 On corner lots intended for single family residential detached dwellings six foot or higher privacy walls shall not be located in the required front yard or sight visibility triangle of the lot adjacent to the side street 27 A preliminary landscape plan shall be provided with all preliminary plat and site plan applications 28 Every residential dwelling shall have safe and efficient access to nearby schools amenities parks and open spaces as determined at the time of the review and approval of all future preliminary subdivision plats Page 11 of 14 93

7 29 Landscape construction drawings shall be submitted for review and approval by City staff for each residential development parcel at the time of final plat review 30 The developer shall enhance community mail boxes within the residential parcels with the design building materials and colors of the surrounding neighborhood in a manner acceptable to the Community Development Director or designee The mail box design shall be included on the landscape construction drawings for the development 31 Perimeter wall design and construction plans shall be included with the landscape construction drawings for each residential development parcel 32 The developer and or property owner shall improve all tot lots within Sierra Vista Foothills with a City approved shade canopy over the play equipment 33 The developer and or property owner shall provide pedestrian scale security lighting for all trails and active recreational areas within Sierra Vista Foothills 34 A homeowners association HOA shall be formed prior to or concurrent with approval of any final plat for a parcel containing owner occupied residential units within Sierra Vista Foothills with the HOA owning and maintaining all private and publicly accessible open space and amenities within such parcels and maintaining all abutting arterial collector and local residential road rights of way landscaping except for arterial median landscaping 35 A property owners association POA shall be formed prior to or concurrent with approval of any site plan for the non residential parcels to enforce any land use covenants and to ensure a mechanism for funding maintenance of all private and publicly accessible open space within such parcels and all abutting arterial collector and local residential road rights of way landscaping except for arterial median landscaping 36 A HOA and or POA responsible for the maintenance of street rights of way landscaping shall ensure that street trees are pruned such that street sweepers are not significantly impeded and that the view of regulatory street signs is not obstructed by tree foliage and 37 Residential unit garage options single family detached homes shall include detached mild recess minimum of 5feet behind a front porch medium recess minimum 10 feet behind a front porch deep recessed a minimum of 20 feet behind a front porch or side loaded To mitigate the impact of garage dominance not more than 40 of lots may use the mild recess option on any parcel within Sierra Vista Foothills Page 12 of 14 Z

8 SECTION IV Amendment of Zonin Ma The Zoning Map of the City of Goodyear is herewith conditionally amended to reflect the PAD zoning amendment referred to in Section I and Section II and the adoption of Supplementary Zoning Map No 102 a copy of which is attached and which shall be filed with the City in the same manner as the Zoning Map of the City of Goodyear SECTION IV Separabilit If any section subsection sentence clause phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof SECTION V Effective Date This ordinance shall become effective at the time and in the manner prescribed by law PASSED AND ADOPTED by the Mayor and Council of the City of Goodyear Arizona this 5 day of tjtttunbe 2010 Georgia ord Vice Mayor i 1l Date ATTEST Gi C Y I OF NCOqp p y o o c Lyn ulh ity Clerk o a APPROVED AS TO FORM i s 99 q R 1 ONA r o Page 13 of 14

9 CERTIFICATION OF RECORDING OFFICER STATE OF ARIZONA County of Maricopa ss I the undersigned Lynn Mulhall being the duly appointed qualified City Clerk of the City of Goodyear Arizona certify that the foregoing Ordinance passed and adopted at a City Council Meeting of the Council of the City of Goodyear Maricopa County Arizona held on the l5 day of Nav ylet 2010 at which a quorum was present and by a o vote oted in favor of said ordinance Given under my hand and seal thisiday ofe 2010 City Clerl 00 ulr ii c Ai y a 3 p o O 5 I9 a r n it y O a i I I 1I11 Page 14 of 14

10 OFFICIAL SUPPLEMENTARY ZONING MAP NO AMENDING ARTICLE 1 SECTION 1 4 OF THE ZONING ORDINANCE OF THE CITY OF GOODYEAR AMENDED BY ORDINANCE NO D PASSED BY THE CITY COUNCIL OF THE CITY OF GOODYEAR ARIZO A THIS DAY OF n10t j2 YY 20 l il 1 1f l s ir sn l r AYOR e E Fo aar Ro i C F GO i E or o p ORPOy a CITYCL I ICFEFO NnFFT i RnvFD unmsfe v oao y946 r i o os FE v a R EENCFEENHD 0 j A 12 IIi uer F sa R SUBJECT PROPERTY A portion of Section 36 Township 1 South FZange 2 West of the Gila and Salt River Base and Meridian s N 1fa s 3 7 az aa000 FINAL PAD ESTRELLA PHA5E 2 N N FINA PAD N SIERRA VISTA FOOTHILLS J S 2 N I N1 D m NOT TO SCALE SOURCE CITY OF GOODYEAR G S I CITY OF GOODYEAR AZ REZONE CASE EXHIBIT A DATE FINAL PAD AMENDMENT oct 20 o

11 Exhibit B Legal Description A74acre tract of land more or less lying in that part of Section 36 Township 1 South Range 2 West of the Gila and Salt River Base and Meridian Maricopa County Arizona more particularly described as follows Beginning at the Northeast Corner of Section 36 Thence North West along the North line of said Section 36 a distance of feet to the Northeast corner of the Northwest quarter of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 Thence South West a distance of feet to the Southeast corner of the Northwest quarter of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 Thence South East a distance of feet to the Northeast corner of the South Half of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 Thence South S9 West a distance of feet more or less to the Southeast corner of the Southeast quarter of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 Thence South S1 West a distance of feet to the Southwest corner of the Southwest quarter of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 Thence North East a distance of feet to the Northwest corner of the Northwest quarter of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 Thence South S2 East along the North line of said Section 36 a distance of feet more or less to the Point of Beginning at the Northeast corner of the Northwest quarter of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 36 and containing 74 acres more or less

12 LEGAL FOR SIERRA VISTA FOOTHILLS THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTH HALF OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 36 TOWNSHIP 1 SOUTH RANGE 2 WEST OF THE GILA AND SALT RIVER MERIDIAN RECORDS OF MARICOPA COUNTY ARIZONA