ORDINANCE NO. 2025-1637 … AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, CONDITIONALLY REZONING APPROXIMATELY 17.55 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF MONTE VISTA ROAD AND PEBBLECREEK PARKWAY FROM THE PALM VALLEY PHASE VIII PLANNED AREA DEVELOPMENT (PAD) TO THE PLANNED AREA DEVELOPMENT (PAD) ZONING DISTRICT WITH AN UNDERLYING ZONING DISTRICT OF MULTI-FAMILY (MF-24) WITH A PAD OVERLAY; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR. … WHEREAS, on May 9, 2005, the City Council adopted Ordinance No. 2005-940 rezoning approximately 562 acres from the Preliminary Planned Area Development Mixed Uses District to the Final Planned Area Development District for the Palm Valley Phase VIII PAD, which designated the Subject Property (or the “Property”) as High Density Residential MF 1-18 (UR/H) as amended by the PAD; and WHEREAS, the Property consists of 17.55 acres on the northwest corner of Monte Vista Road and PebbleCreek Parkway as shown on Supplementary Zoning Map No. 22-06, attached hereto as Exhibit A and legally described in Exhibit B, attached hereto; and WHEREAS, the land use designation in the Goodyear 2035 General Plan for the Property is Designated as Neighborhoods; and, WHEREAS, this request is to rezone the 17.55-acre Property to PAD with an underlying zoning of MF-24 with PAD Overlay to allow for the entire Property to develop as Multi-Family with a density no greater than 24 units per acre, subject to the development standards described in the document titled “The Picerne at Palm Valley Development Regulations, MF-24 with PAD Overlay, dated March 2025”, attached hereto as Exhibit C; and, WHEREAS, PAD is a listed zoning district within the Neighborhoods land use category for the Goodyear 2035 General Plan; however, a density of up to 24 units per acre, as typically seen in MF-24, is not a listed zoning district for the Neighborhoods land use category; and WHEREAS, the area to be zoned PAD with an underlying zoning of MF-24 with a PAD Overlay is less than 19.9 acres and does not require a General Plan Amendment for the increased density; and, WHEREAS, stipulations of approval and a PAD Overlay have been created to address General Plan conformity within the Neighborhoods land use designation; and, WHEREAS, City staff finds that the proposed rezoning will not adversely impact the surrounding area as the proposed land uses will allow for the orderly growth and development of a multi-family development; and WHEREAS, a public notice of a Neighborhood Meeting was provided to property owners within 500 feet of the property on February 2, 2024, and a sign advertising the meeting was posted to the site on February 12, 2024; and WHEREAS, the Neighborhood Meeting took place in person on February 28, 2024, and was attended by 29 people, where discussion occurred regarding project density and building height, ingress and egress, parking, landscaping, amenities, traffic impacts, construction timing, and similar topics; and WHEREAS, a public notice that this rezoning was to be considered and reviewed at a public hearing before the Planning and Zoning Commission on August 13, 2025, appeared in the Arizona Republic West Valley edition on July 25, 2025; postcards were mailed to adjoining owners on July 18, 2025; and the sign on the site was updated on July 28, 2025; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on August 13, 2025; and; WHEREAS, at that meeting the Planning and Zoning Commission voted (4-2) to recommend approval, subject to the stipulations in the draft ordinance that was presented; and WHEREAS, a public notice that this rezoning was to be considered and reviewed at a public hearing before the City Council on August 25, 2025 appeared in the Arizona Republic West Valley edition on July 25, 2025; postcards were mailed to adjoining owners on July 18, 2025; and the sign on the site was updated on July 28, 2025; and; WHEREAS, the Mayor and Council of the City of Goodyear, Arizona find the adoption of this Ordinance to be in the best interests of the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, AS FOLLOWS: SECTION 1. DECLARATION OF PUBLIC RECORDS That certain document titled “Official Supplementary Zoning Map No. 22-06”, a copy of which is attached hereto as Exhibit A, is herby declared a public record and incorporated herein by this reference. That certain document titled “Picerne at Palm Valley Legal Description”, a copy of which is attached hereto as Exhibit B, is hereby declared a public record and incorporated herein by this reference. That certain document titled “The Picerne at Palm Valley Development Regulations, MF-24 with PAD Overlay, dated March 2025”, a copy of which is attached hereto as Exhibit C, is hereby declared a public record and incorporated herein by this reference. Either three paper copies or one paper copy and one electronic copy maintained in compliance with section A.R.S. 44-7401 of each of the aforementioned documents being declared public records herein are ordered to remain on file with the City Clerk and to be available for public use and inspection during regular business hours. SECTION 2. ADOPTION OF FINDINGS The clauses set forth above are hereby adopted and incorporated herein by this reference as if fully set forth herein. SECTION 3. DESCRIPTION OF THE PROPERTY BEING REZONED This Ordinance No. 2025-1637 applies to that parcel of land in Goodyear, Maricopa County, Arizona, that is approximately 17.55 acres generally located at the northwest corner of Monte Vista Road and PebbleCreek Parkway as legally described in that certain document titled “Picerne at Palm Valley Legal Description”, attached hereto as Exhibit B and which is declared a public record and incorporated herein by reference in Section 1 of this Ordinance (the “Property”). SECTION 4. REZONING The Property is conditionally rezoned from Planned Area Development (PAD) to Planned Area Development (PAD) with an underlying zoning district of Multi- Family (MF-24) with a PAD Overlay. SECTION 5. CONDITIONS OF REZONING The rezoning of this Property is subject to the following stipulations and conditions of approval: 1. Approval of the rezoning does not constitute approval of any site plan for development within the Property. All future development will be subject to site plan review and approval by City staff, at which time all elements of site development will be reviewed, including (but not limited to) architecture, landscaping, grading and drainage, lighting, infrastructure, parking, and access and circulation; and 2. Except as modified by the “Picerne at Palm Valley Development Regulations MF-24 PAD Overlay” dated March 2025 or the conditions of approval/stipulations, the development of the Property shall comply with the City of Goodyear Zoning Ordinance applicable to the MF-24 Multi-Family Residential Zoning District; the City of Goodyear Design Guidelines; the City of Goodyear subdivision regulations; the City of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer; the Maricopa County Association of Governments standards for public works construction; all Building Codes and Regulations adopted by the City of Goodyear; and all other federal, state, and local laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property; and 3. Ingress at the proposed gated entrance on PebbleCreek Parkway is assumed to be for residents and emergency services only. Should the applicant, developer, or owner of the Property (the “Owner”) wish to make ingress available to delivery services and/or guests (with the installation of a keypad or similar device), the site plan will need to demonstrate that adequate queuing capacity exists within the Property to accommodate vehicles waiting at the gate without impeding traffic accessing the multifamily development to the north; and 4. In addition to constructing the infrastructure improvements specifically identified herein, Owner shall construct, at no cost to the City, all infrastructure improvements required by the City of Goodyear subdivision regulations, all Building Codes and Regulations adopted by City, and Engineering Design Standards and Policy Manual in effect at the time of construction; and 5. Owner shall dedicate, at no cost to City, all rights-of-way and/or easements within the boundaries of the Property that are: (i) needed for construction of infrastructure improvements required for City to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to City subdivision regulations, building codes and regulations, and City EDS± (iii) required for the construction of improvements for which Owner is responsible for making in-lieu payments; (iv) required to be dedicated pursuant to any development agreement with City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein, and/or (vi) required public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, or guidelines governing the development of the Property including, but not limited to City’s subdivision regulations, building codes and regulations, and City’s EDS&PM. The rights-of-way to be dedicated shall be dedicated in fee and lien-free and, unless otherwise agreed to by City, free of all other easements or other encumbrances. Unless the timing of the required dedications is modified by any stipulation in this ordinance, the terms of a written development agreement approved by City Council or a written phasing plan approved by City Engineer or their designee, all dedications shall be made prior to or concurrent with recordation of a final plat or approval of a site plan that includes the area in which the dedicated property is located or when requested by City Engineer or his/her designee, whichever is earlier; and 6. No final plat shall be recorded, and/or no construction permits issued until Owner has provided the City with all approvals and/or easements from jurisdictions or parties whose property interests will be impacted by the development contemplated by such final plat and/or construction permit. All required approvals and easements shall be in a form acceptable to the City Engineer or his/her designee; and 7. Right-of-way required to accommodate the proposed deceleration lane on Monte Vista Road shall be conveyed to the City prior to acceptance of infrastructure. Any deviations to the public utility easement stemming from this conveyance shall be reviewed, approved, and recorded prior to acceptance. SECTION 6. AMENDMENT OF ZONING MAP The Zoning Map of the City of Goodyear is hereby amended to reflect the rezoning of the Property with the adoption of the document titled “Picerne at Palm Valley Development Regulations MF-24 with PAD Overlay”, dated March 2025, referred to herein by the adoption of Supplementary Zoning Map No. 22-06, a copy of which is attached hereto as Exhibit A, and such amendment shall be filed with the City Clerk in the same manner as the Zoning Map of the City of Goodyear. SECTION 7. RECORDATION This Ordinance shall be recorded with the Maricopa County Recorder’s Office. SECTION 8. ABRIDGMENT OF OTHER LAWS Except where expressly provided, nothing contained herein shall be construed to be an abridgement of any other ordinance, regulation, or requirement of the City of Goodyear. SECTION 9. CORRECTIONS The Zoning Administrator, City Clerk, and the codifiers of this Ordinance are authorized to make necessary clerical corrections to this Ordinance, including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 10. SEVERABILITY If any section, subdivision, 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 provisions of the ordinance or parts thereof. SECTION 11. EFFECTIVE DATE This Ordinance shall become effective as prescribed by law. The provisions of the City of Goodyear Zoning Ordinance being amended by this Ordinance shall remain in full force and effect until the effective date of this Ordinance. SECTION 12. PENALTIES Any person who violates any provision of this Ordinance shall be subject to penalties set forth in Section 1-2-3 of the City of Goodyear Zoning Ordinance as it may be amended from time to time and which currently provides: Section 1-2-3 Violations and Penalties A. It is unlawful to construct, erect, install, alter, change, maintain, use or to permit the construction, erection, installation, alteration, change, maintenance, or use of any house, building, structure, sign, landscaped area, parking lot or fence, or to permit the use of any lot or land contrary to, or in violation of any provisions of this Ordinance, or of any conditions, stipulations or requirements included as a condition of any applicable approval. Any land use that is specifically prohibited by this Ordinance or is unspecified and not classified by the Zoning Administrator is prohibited in any district. B. Responsible Party. The responsible party for any violations hereunder is the owner of personal property improvements or real property and/or person in possession or control of any personal property improvements or real property (Person). The responsible party shall be responsible for any violations hereunder whether or not the responsible party or its agent committed the prohibited act(s) or neglected to prevent the commission of the prohibited act(s) by another. C. Every Responsible Party shall be deemed responsible or guilty of a separate offense for each and every day during which any violation is committed or continued. D. Penalty. Any Person who violates any of the provisions of this Ordinance and any amendments there to and/or any conditions, stipulations or requirements included as a condition of any applicable approval shall be: 1. Subject to civil sanctions of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per offense; or 2. Guilty of a class 1 misdemeanor, punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by a term of probation not exceeding three (3) years, or imprisonment for a term not exceeding six (6) months, or punishable by a combination of fine, probation or imprisonment. The City Prosecutor is authorized to file a criminal misdemeanor complaint in the City of Goodyear Municipal Court for violations hereunder. PASSED AND ADOPTED by the Mayor and Council of the City of Goodyear, Maricopa County, Arizona, by a 7-0 vote, this 25th day of August, 2025. /s/: Joe Pizzillo, Mayor Date: 8/25/2025 ATTEST:  /s/: Jasmine Pernicano, City Clerk APPROVED AS TO FORM: /s/: Roric Massey, City Attorney Published in the Arizona Republic West Valley Edition on Wednesday, 9/3/2025, 9/10/2025 Goodyear Legal Ad# 26-0013