ORDINANCE NO. 2025-1639 … AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, CONDITIONALLY REZONING APPROXIMATELY 1,505 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF ESTRELLA PARKWAY AND SOUTH OF ESTRELLA FOOTHILLS HIGH SCHOOL FROM THE ESTRELLA PHASE II PLANNED AREA DEVELOPMENT (PAD) TO THE ESTRELLA 14 PLANNED AREA DEVELOPMENT (PAD); AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR. … WHEREAS, on July 25, 1988, the City Council adopted Ordinance No. 88-257 rezoning approximately 5,493 acres from the Estrella Phase II Preliminary Planned Area Development to the Estrella Phase II Final Planned Area Development District, and designated the subject property for multiple uses; and WHEREAS, the property consists of 1,505 acres on the east side of Estrella Parkway and south of Estrella Foothills High School, as shown on Supplementary Zoning Map No. 24-67, attached hereto as Exhibit A and legally described in Exhibit B, attached hereto (the “Property”); and WHEREAS, the land use designations in the Goodyear 2035 General Plan for the Property are designated as Neighborhoods and Business & Commerce; and WHEREAS, this request is to rezone the Property to PAD with multiple underlying zoning districts to allow for the Property to develop as a multi-use community, subject to the development standards described in the document titled “Estrella Community 14 PAD Regulatory Standards”, dated June 12, 2025, attached hereto as Exhibit C (the “Estrella 14 PAD”); and WHEREAS, the PAD zoning district is compatible with the Neighborhoods and Business & Commerce land use categories as described in the Goodyear 2035 General Plan; and WHEREAS, the underlying zoning districts within the Estrella 14 PAD are compatible with the corresponding land use categories Neighborhoods and/or Business & Commerce as described in the Goodyear 2035 General Plan; and WHEREAS, the Estrella 14 PAD permits MF-24 as an underlying zoning district within a portion of the Property, which is not a compatible zoning district in the Neighborhoods land use designation; however, the Village Center Overlay and Estrella Growth Area described in the Goodyear 2035 General Plan allow for the inclusion of MF-24 as an underlying zoning district; and WHEREAS, the Estrella 14 PAD permits “MU” as an underlying zoning district which is not identified in the Goodyear 2035 General Plan; however, the MU district permits similar uses and development standards as other zoning districts that are compatible with the Neighborhoods and Business & Commerce land use categories, and with the Village Center Overlay and Estrella Growth Area; 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-use development; and WHEREAS, a public notice of a Neighborhood Meeting was provided to property owners within 500 feet of the property on March 11, 2025, and three signs advertising the meeting were posted to the site on March 12, 2025; and WHEREAS, the Neighborhood Meeting took place in person on March 31, 2025, and was attended by approximately 200 people, where discussion occurred regarding commercial development, multi-family development, traffic and circulation, water and wastewater services, recreational amenities, schools, buildout timeframes, and similar topics; and WHEREAS, a public notice of a second Neighborhood Meeting to discuss changes to the project boundary was provided to property owners within 500 feet of the property on June 11, 2025, and the three signs posted to the site were updated on June 12, 2025, to advertise the second meeting; and WHEREAS, the second Neighborhood Meeting took place in person on July 1, 2025, and was attended by approximately 85 people, where an explanation was provided for the expanded project boundary, and additional discussion occurred on the same topics that were discussed at the first meeting; 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 September 10, 2025, appeared in the Arizona Republic West Valley edition on August 22, 2025; postcards were mailed to adjoining owners on August 18, 2025; and the three signs on the site were updated on August 25, 2025; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on September 10, 2025; and WHEREAS, at that meeting the Planning and Zoning Commission voted 5-1 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 September 22, 2025 appeared in the Arizona Republic West Valley edition on August 22, 2025; postcards were mailed to adjoining owners on July 18, 2025; and the sign on the site was updated on August 25, 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. 24-67”, a copy of which is attached hereto as Exhibit A, is hereby declared a public record and incorporated herein by this reference. That certain document titled “Legal Description- Estrella 14 PAD”, 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 “Estrella Community 14 PAD Regulatory Standards”, dated June 12, 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. 2025-1639 applies to that parcel of land in Goodyear, Maricopa County, Arizona, that is approximately 1,505 acres generally located on the east side of Estrella Parkway, south of Estrella Foothills High School, as legally described in that certain document titled “Legal Description- Estrella 14 PAD”, 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). SECTION 5. CONDITIONS OF REZONING The rezoning of this Property is subject to the following stipulations and conditions of approval: 1. All development within the Property shall be in substantial compliance with the development concepts and design standards in the City of Goodyear Design Guidelines as modified, except as modified by the Estrella 14 PAD; and, 2. All amendments to the Estrella 14 PAD shall be processed pursuant to the requirements in the approved PAD Regulatory Document dated June 12, 2025; and, 3. If the developer fails to comply with any of the stipulations contained in the Ordinance for the Estrella 14 PAD or fails to comply with any other applicable City codes and regulations in the development of the property, then the City Engineer, or designee, may suspend the issuance of building and construction permits for the project until the developer cures the item in default; and, 4. The total number of multi-family dwelling units within the Property shall not exceed 864. The total number of all residential dwelling units, including multi-family dwelling units on the Property, shall not exceed 6,034; and, 5. A minimum of 271 acres (18% of the total Property) shall be designated as open space, per the definition provided under “Table 1.1 – Land Use Budget” in the approved PAD Regulatory Document dated June 12, 2025; and, 6. The design of any path or trail must be reviewed and approved by staff for conformance with the Parks and Recreation Master Plan and the Estrella 14 PAD unless otherwise approved as part of any preliminary plat or site plan application on the Property; and, 7. Tot lots or play structures with multiple components shall be shaded as approved by the Development Services Director; and, 8. All lots adjacent to common open spaces and have view fences will be required to complete their rear yard landscaping within ninety (90) days of the issuance of a certificate of occupancy; and, 9. Approval of the rezoning application does not constitute approval of any site plan or preliminary plat for development within the Property. All future development within the Property will be subject to site plan or preliminary plat 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, access, and circulation; and, 10. A proposed phasing plan was not submitted with the rezoning application. A phasing plan for each preliminary plat or site plan must be submitted concurrently with such application and approved at the discretion of the City Engineer or designee, or agreed upon in a development agreement approved by City Council; and, 11. Owner shall construct or cause to construct, at no cost to the City, all on-site and off-site infrastructure improvements determined by City as being necessary to provide water service and wastewater service to the Property or pursuant to a written development agreement approved by City Council; and, 12. Unless modified by the Estrella 14 PAD or the terms of a written development agreement approved by City Council, Owner shall dedicate, at no cost to the City, all rights-of-way and/or easements within the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the 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 the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for making in-lieu payments and or cost recovery payments; (iv) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein. The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the 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 the City Engineer or designee, all dedications shall be made prior to or concurrent with recordation of a final plat that includes the area in which the dedicated property is located or upon reasonable request by the City Engineer or designee, whichever is earlier; and, 13. Except as modified by the Estrella 14 PAD, in addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with City zoning ordinances, City subdivision regulations, City’s then current Engineering Design Standards & Policies Manual, Maricopa County Association of Governments standards for public works construction except as modified by City Engineer, all International and National Building Codes with local amendments as adopted by City, and all other federal, state and local laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property; and, 14. All existing above ground utilities, except for electric lines that are 69kV or larger, located within and adjacent to the Property, shall be placed underground at no cost to City. Unless modified by a written phasing plan approved by City Engineer or designee or by a development agreement approved by City Council, the undergrounding of the utilities required herein shall be completed prior to the issuance of the first Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the portion of the Property subject to the plat or site plan application triggering the undergrounding requirement; and, 15. No final plat shall be recorded, no site plans shall be approved, and no construction permits shall be issued until Owner has provided City with all approvals and/or easements from government entities, utilities, or irrigation districts whose property interests will be impacted by the development contemplated by such final plat, site plan, and/or construction permit. All required approvals and easements shall be in a form acceptable to City Engineer or designee; and, 16. Notwithstanding anything to the contrary in this Ordinance, Owner shall convey the rights-of-way and/or easements that are to be conveyed pursuant to the terms of this Ordinance prior to the deadlines for conveyance set forth herein or upon the written request by City Engineer or designee, which may be in a written phasing plan approved by City Engineer or designee, if such rights-of-way and/or easements are required for the construction of public infrastructure improvements by City or others; and, 17. Prior to the recordation of any final plat subdividing all or part of the Property, Owner shall form a homeowners’ association (“HOA”) for the portion of the Property subject to such final plat, with said HOA owning and maintaining all private open space areas, common areas, and all amenities and enhancements described above, except that the HOA shall not own any of the enhancements or amenities located within right-of-way conveyed to City in fee, but shall be responsible for maintaining such amenities and enhancements. With respect to the paths and trails the HOA or a similar organization is responsible for maintaining, the HOA or such similar organization shall ensure that the paths and trails are unobstructed, visible, and safely accessible to all users. The HOA shall also be responsible for maintaining all landscaping within street rights-of-way within or abutting the Property except for landscaping within medians located within any arterial street. A note shall be placed on each final plat indicating ownership and maintenance responsibilities of these private tracts and public rights-of-way landscaping; and, 18. The construction of specific roadways and traffic signals needed in relation to the development of any portion of the Property shall be identified in future Traffic Impact Analysis/Studies approved by the City. Owner shall, at no cost to the City, be responsible to design and construct all roadways within, along, or adjacent to the Property at the classification type set forth in the Master Traffic Impact Analysis or in such future Traffic Impact Analysis/Studies approved by the City. Unless otherwise approved as part of a preliminary plat or site plan application, all streets and roads will be constructed to the classification standards set forth in the City’s Engineering Design Standards & Policies Manual in effect when the improvements are constructed. Unless modified by a written phasing plan approved by the City Engineer or designee or by a development agreement approved by the City Council, the streets and roads shall be completed and accepted by the City Engineer or designee subject to completion of the two-year warranty period, prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Permanent Certificate of Occupancy for any structure within the portion of the Property subject to such preliminary plat or site plan application; and, 19. Owner shall be responsible for a proportionate share of the costs of any traffic signals identified in the Master Traffic Impact Analysis submitted with the Rezone Application and in any future approved Traffic Impact Analysis/Study as being needed in relation to the development of the Property. Owner shall either make an in-lieu payment for the cost of traffic signal or Owner shall construct the signal if the signal is warranted with the development and construction of the signal is required. If an updated Traffic Impact Analysis/Study reflects the need for any additional traffic signals at any intersections adjacent to the Property, Owner shall, at no cost to City, convey, in fee, lien-free, and free of any easements or encumbrances, unless specifically agreed to by City, any additional right-of-way needed for construction of the portion of the traffic signal that will be located on the Property and Owner shall make an in-lieu payment for a proportionate share of the costs to City towards the total cost of the full traffic signal (all four legs). Except as provided herein, the in-lieu payment will be calculated based on 25% of the cost of a full traffic signal for each corner of the intersection adjacent to the Property. For example, if a traffic signal is required at an intersection where two of the four corners of the intersection are adjacent to the Property, Owner would be responsible for 50% of the cost of a full traffic signal. The in-lieu payment paid to the City shall be calculated based on the actual cost of the traffic signal if it has been constructed or, if the payment is made before the traffic signal has been completed, upon an engineer’s estimate of the probable cost of the signal that is approved by the City Engineer or designee. Unless modified by a written phasing plan approved by the City Engineer or designee or a development agreement approved by the City Council, the dedication(s), construction, and in-lieu payment(s) required herein shall be made at the earlier of the following: (i) before the issuance of any engineering permit for any of the work reflected in a site plan, Minor Land Division (“MLD”), or final plat that includes, is adjacent to, or requires connection to, the intersection where the traffic signal is needed; or (ii) before the recordation of any final plat or MLD that includes, is adjacent to, or requires connection to, the intersection where the traffic signal is needed; and, 20. If alterations of the Floodplain are required for the development of a portion of the Property, a Conditional Letter of Map Revision (CLOMR) shall be submitted to City Engineer prior to or concurrent with a preliminary plat or site plan for such portion of the Property. A CLOMR shall be submitted to and approved by City Engineer or designee prior to submittal of any final plat and/or civil construction drawings for development within the floodplain unless a CLOMR is not required as determined by City Engineer, in which case Owner may proceed directly to a Letter of Map Revision (LOMR) which shall be submitted and approved by City Engineer or designee before the issuance of construction permits for work within the floodplain. 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 “Estrella Community 14 PAD Regulatory Standards”, dated June 12, 2025, referred to herein by the adoption of Supplementary Zoning Map No. 24-67, 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 22nd day of September, 2025. /s/: Joe Pizzillo, Mayor Date: 9/22/2025 ATTEST:  /s/: Jasmine Pernicano, City Clerk APPROVED AS TO FORM: /s/: Roric Massey, City Attorney All exhibits are on file with the City Clerk’s Office online at https://www.goodyearaz.gov/government/departments/city-clerk-s-office/public-notices or at Goodyear City Hall, 1900 N Civic Square, Goodyear, AZ 85395. Published in the Arizona Republic West Valley Edition on Wednesday, 10/1/2025, 10/8/2025. Goodyear Legal Ad# 26-0025