ORDINANCE NO. 2026-1651   AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, CONDITIONALLY REZONING APPROXIMATELY 156 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ESTRELLA PARKWAY AND YUMA ROAD FROM FULTON HOMES AT BALLPARK VILLAGE 1ST AMENDED PLANNED AREA DEVELOPMENT TO FULTON HOMES AT BALLPARK VILLAGE 2ND AMENDED PLANNED AREA DEVELOPMENT.   WHEREAS, the property subject to this Ordinance consists of approximately 156 acres and is located at the southeast corner of Estrella Parkway and Yuma Road (the “Property”); WHEREAS, approximately 121 acres of the Property was zoned Planned Area Development (PAD) with an underlying land use of commercial and industrial pursuant to Ordinance No. 06-1054 adopting the City Center Airpark Planned Area Development (PAD); WHEREAS, approximately 35 acres of the Property was zoned Planned Area Development with an underlying land use of Business Park and Retail pursuant to Ordinance No. 08-1119 adopting the Goodyear City Center Southeast District Final PAD; WHEREAS, Resolution No. 2021-2198 amended the land use designation for the 35-acre portion of the Property in the Goodyear 2025 General Plan to Neighborhoods; WHEREAS, Resolution No. 2022-2228 amended the land use designation in the Goodyear 2025 General Plan for the 121-acre portion of the Property from Business and Commerce to Neighborhoods; WHEREAS, the land use designation for the Property within the City of Goodyear General Plan 2035 is Neighborhoods; WHEREAS, the Property was conditionally rezoned from PAD to PAD on April 18, 2022, through Ordinance No. 2022-1535, which conditionally approved the Fulton Homes at Ballpark Village PAD to allow for a 156-acre master planned single-family residential planned community; WHEREAS, the Property was subsequently conditionally rezoned from PAD to PAD on January 23, 2023, through Ordinance No. 2023-1567, which conditionally approved the Fulton Homes at Ballpark Village First Amended PAD; WHEREAS, this request is to rezone the Property to the PAD Zoning District and adopt the “Fulton Homes at Ballpark Village 2nd Amended Planned Area Development (March 2026)”; 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 single-family master planned community; WHEREAS, an in-person Neighborhood Meeting was conducted for this proposal and Notice of the Neighborhood Meeting was provided to 99 property owners within 500 feet of the property on Mach 23, 2026 and signs advertising the Neighborhood Meeting were posted to the site on March 20, 2026; WHEREAS, the neighborhood meeting took place, in-person, on April 7, 2026; WHEREAS, public notice that this rezoning was to be considered and reviewed at a public hearing held before the Planning and Zoning Commission on June 10, 2026 and City Council on June 22, 2026, appeared in the Arizona Business Gazette - Republic Edition on May 21, 2026; postcards were mailed to 99 adjoining owners on May 13, 2026 and signs on the site were updated on May 15, 2026 to notify residents of the scheduled public hearings; WHEREAS, a public hearing was held before the Planning and Zoning Commission on June 10, 2026, and at that meeting the Commission voted (6-0) to recommend approval of the proposed rezoning; WHEREAS, a public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the City Council on April 18, 2022 appeared in the Arizona Republic Southwest Valley Edition March 18, 2022 and again on April 1, 2022; postcards were mailed to 99 adjoining owners on March 15, 2022 and again on March 23, 2022; and signs on the site were updated on March 21, 2022 to notify residents of the scheduled public hearing; 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. ADOPTION OF FINDINGS The above recitals set forth above are true and correct and incorporated herein by this reference as if fully set forth herein. SECTION 2. DECLARATION OF PUBLIC RECORDS That certain document titled “Official Supplementary Zoning Map No. 25-273”, 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”, 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 “Fulton Homes at Ballpark Village 2nd Amended Planned Area Development” (dated March 2026), 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. 44-7041 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 3. DESCRIPTION OF PROPERTY BEING REZONED This Ordinance No. 2026-1651 applies to approximately 156 acres located at the southeast corner of Estrella Parkway and Yuma and legally described in that certain document titled “Legal Description,”, attached hereto as Exhibit B (the “Property”) which is declared a public record herein by Section 2 of this Ordinance. SECTION 4. REZONING The Property is conditionally rezoned from Planned Area Development (PAD) (Fulton Homes at Ballpark Village 1st Amended) to PAD (Fulton Homes at Ballpark Village 2nd Amended Planned Area Development) attached hereto as Exhibit C, which is declared a public record herein by Section 2 of this Ordinance. Section 5. STIPULATIONS The rezoning of the Property is subject to the following stipulations and conditions: 1. Except as modified by the following stipulations and conditions of approval set forth herein, development of the Property shall be in compliance with the Fulton Homes at Ballpark Village 2nd Amended PAD; and 2. Alternatives to the various requirements in Section V (Additional Design Requirements) of the Fulton Homes at Ballpark Village 2nd Amended PAD (the required Amenity Elements, the Connectivity Elements, and the Streetscape Elements collectively referred to as the “Additional Design Elements”) may be provided upon the approval of the Development Services Director or designee upon his/her determination that such alternative provides an equal or greater level of quality and functionality as the Design Element being modified; and 3. All Public Sales Reports for the Property, all final plats and minor land divisions subdividing all or part of the Property, and all rental agreements for the rental of any unit within the Property shall include the following disclosures: a. The Property is in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; and b. The Property is subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at or taking off from Luke Air Force Base and or the Phoenix-Goodyear Airport; and c. The Property is subject to noise, cheering, paddles or bats making contact with balls, bouncing balls, splashes, fireworks and other loud noises commonly associated with recreation centers, parks, ballpark/sports complexes and the like; and d. The Property is subject to loud noises commonly associated with water campuses, well sites and other Public Facilities Districts and the like; and e. Public roadways adjacent to the Property are subject to road closures and community events on adjacent public rights-of-way and open spaces. f. The Property is within close proximity of land intended for multi-story and high-density buildings which may include a variety of office, retail, commercial, hotel, multi-family and parking uses. All final plats and minor land divisions subdividing all or part of the Property shall include notes setting forth the foregoing requirements including the requirements that such disclosures be included within all rental agreements for the rental of any residential units within the Property; and 4. Signage shall be posted within all sales and rental offices identifying the location of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary. This display shall include a 24-inch x 36-inch map at the main entrance of such sales and rental offices and shall include the approximate locations of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary and all of the buildings on the Property; and 5. Except as otherwise provided in a development agreement approved by the City Council in its sole discretion, the portion of the Property where the 1.2-acre Park B1 (Neighborhood Park B1) is to be located shall be included in the first recorded final plat subdividing all or part of the Property and no Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for any residential structures within the Property, except for model homes, until Neighborhood Park B1 including the resident and recreational amenities set forth in the Planned Area Development have been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 6. Except as otherwise provided in a development agreement approved by the City Council in its sole discretion, the portion of the Property where the approximately 4.5-acre Main Park A1 (Main Amenity A1) is to be located, shall be included in the Second recorded final plat. No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for more than 250 residential structures within the Property, except for model homes, until Main Amenity A1 including the resident and recreational amenities set forth in the Planned Area Development have been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 7. Except as otherwise provided in a development agreement approved by the City Council in its sole discretion, the portion of the Property where the approximately 1.8-acre Park B2 (Neighborhood Park B2) is to be located, shall be included in the Second recorded final plat. No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for more than 350 residential structures within the Property, except for model homes, until Neighborhood Park B2 including the resident and recreational amenities set forth in the Planned Area Development have been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 8. Except as otherwise provided in a development agreement approved by the City Council in its sole discretion, the portion of the Property where the approximately .5-acre Park C2 (Neighborhood Park C2) is to be located, shall be included in the Second recorded final plat. No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for more than 457 residential structures within the Property, except for model homes, until Neighborhood Park C2 including the resident and recreational amenities set forth in the Planned Area Development have been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 9. Except as otherwise provided in a development agreement approved by the City Council in its sole discretion, the portion of the Property where the approximately 2.3-acre Park B3 (Neighborhood Park B3) is to be located, shall be included in the Third recorded final plat. No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for more than 570 residential structures within the Property, except for model homes, until Neighborhood Park B3 including the resident and recreational amenities set forth in the Planned Area Development have been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 10. Except as otherwise provided in a development agreement approved by the City Council in its sole discretion, the portion of the Property where the approximately 2.5-acre Park C1 (Neighborhood Park C1) is to be located, shall be included in the Third recorded final plat. No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for more than 683 residential structures within the Property, except for model homes, until Neighborhood Park C1 including the resident and recreational amenities set forth in the Planned Area Development have been substantially completed as determined by the City of Goodyear Building Official or his designee or are under construction and bonded for completion as approved by the City of Goodyear Zoning Administrator; and 11. The Ballpark Village Gateway primary monument/mural and adjacent landscaping at the southeast corner of Estrella Parkway and Yuma Road is encouraged to incorporate the theme “Rock and Vegetation” as was envisioned in the original Goodyear City Center Southeast; and 12. The Ballpark Village Gateway monument/mural and adjacent landscaping at the southeast corner of Estrella Parkway and Yuma Road shall be included in the First Recorded Plat and No Temporary Certificates of Occupancy, Certificates of Occupancy or Certificates of Completion shall be issued for any residential structures within the Property, except for model homes, until the sign is completed; and 13. Prior to the recordation of the first final plat subdividing all or part of the Property, Owner shall form a Homeowners’ Association (“HOA”) for the Property, with said HOA owning and maintaining all private open space areas; common areas, and all amenities and enhancements described above and in the Fulton Homes at Ballpark Village PAD, except that the HOA shall not own, any of the enhancements or amenities located within right-of-way conveyed to the City of Goodyear in fee, but shall be responsible for maintaining such amenities and enhancements. With respect to the paths and trails the HOA is responsible for maintaining, the HOA shall ensure that they are cleared, visible, and safely accessible to all users. The HOA shall also be responsible for maintaining all landscaping within street right-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 HOA ownership and/or maintenance responsibilities of these private tracts and public rights-of-way landscaping; and 14. Mid-block pedestrian connections, between two residential lots, are permitted within the development. The minimum width of a mid-block pedestrian connection shall be 15 feet and shall be completely landscaped. The minimum width of the paved path, within this mid-block pedestrian connection, shall be 5 feet and shall have a minimum of 3 feet of landscaping between the path and any residential structure or privacy yard wall. The 15-foot-wide minimum width of for the mid-block pedestrian connection may be formed through a combination of Tract(s), Common Space Easement(s) (CSE), and/or similar means as shall be determined by the Zoning Administrator and or his/her designee. The mid-block pedestrian connection, including the 15-foot-wide landscaped area, shall be maintained by the HOA; and 15. Any modifications to existing private irrigation facilities as a result of this development shall be coordinated with the appropriate Irrigation District/private owner; and 16. Owner shall submit to the City for review and approval and subsequently to FEMA for review and approval, a Conditional Letter of Map Revision (CLOMR) study prior to issuance of the first construction permit for the development of any part of the Property within the Flood Plain. A CLOMR shall be submitted to and approved by the City Engineer or his/her designee prior to issuance of any construction permits within the floodplain, unless a CLOMR is not required as determined by the City Engineer or his/her designee; and 17. Owner shall, at no cost to the city, design and construct full half-street improvements for south-half of the section of W. Yuma Road along or adjacent to the frontage of the Property required for a Scenic Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of ½ the median and ½ median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Yuma Road Improvements”). If the Yuma Road Improvements have been completed or are being completed by the others when development occurs on the Property, Owner shall, remit a reimbursement payment for the costs incurred in the design and construction of the Yuma Road Improvements or the City Engineer’s estimated costs of the Yuma Road Improvements if not completed (the “Yuma Road Cost Recovery Payment”). If owed, the Yuma Road Cost Recovery Payment shall be paid prior to or concurrent with the recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permits for any work on the Property, whichever is earlier. Otherwise, the Yuma Road Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property unless modified by a written phasing plan approved by the City Engineer or his/her designee or by a development agreement approved by the City Council; and 18. Upon the request of the City Engineer or his/her designee, Owner shall construct a full median with full median landscaping within the section of W. Yuma Road along or adjacent to the frontage of the Property subject to the City’s agreement to reimburse Owner for 50% of the cost of constructing the full median with full median landscaping. The reimbursements provided for herein are subject to compliance with the requirements of title 34 of the Arizona Revised Statutes governing the use of public funds for the construction or payment of public infrastructure. Unless Owner constructs the full median with full median landscaping as provided herein, Owner shall remit to the city an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of W. Yuma Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and 19. Owner shall, at no cost to the city, design and construct full half-street improvements for north-half of the section of W. Lower Buckeye Parkway along or adjacent to the frontage of the Property required for a Minor Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of ½ the median and ½ median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Lower Buckeye Improvements”). If the Lower Buckeye Improvements have been completed or are being completed by others when development occurs on the Property, Owner shall, remit a cost recovery reimbursement payment for the costs incurred in the design and construction of the Lower Buckeye Improvements or the City Engineer’s estimated costs of the Lower Buckeye Improvements if not completed (the “Lower Buckeye Cost Recovery Payment”). If owed, the Lower Buckeye Cost Recovery Payment shall be paid prior to or concurrent with the recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permits for any work on the Property, whichever is earlier. Otherwise, the Lower Buckeye Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property unless modified by a written phasing plan approved by the City Engineer or his/her designee or by a development agreement approved by the City Council; and 20. Upon the request of the City Engineer or his/her designee, Owner shall construct a full median with full median landscaping within the section of W. Lower Buckeye Road along or adjacent to the frontage of the Property subject to the City’s agreement to reimburse Owner for 50% of the cost of constructing the full median with full median landscaping. The reimbursements provided for herein are subject to compliance with the requirements of title 34 of the Arizona Revised Statutes governing the use of public funds for the construction or payment of public infrastructure. Unless Owner constructs the full median with full median landscaping as provided herein, Owner shall remit to the city an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of W. Lower Buckeye Parkway along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and 21. Owner shall design and construct full half-street improvements required for a modified Major Arterial Road for the west half of S. Bullard Avenue within the existing S. Bullard Avenue alignment along the frontage of the Property as determined by the City Engineer or his/her designee and which may include but are not limited to: paving consisting of a minimum 5.5-foot bike lane and two 12-foot travel lanes; curb and gutter;, sidewalks, which may vary in size if a transition from a bike lane is required, street frontage landscape and landscape irrigation; and street lighting (the “Bullard Avenue Improvements”); and 22. Owner shall remit to the city an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of S. Bullard Avenue along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and 23. Owner shall design and construct sidewalk improvements along the west half of S. Bullard Avenue along the frontage of the Property and within the existing S. Bullard Avenue right-of-way to the north of the Property (approximately 60 feet) to connect to the existing sidewalk; and 24. Except as otherwise provided in these stipulations or pursuant to the terms of a development agreement with the City, Owner is responsible for a proportionate share of the costs of full traffic signals at the intersections identified below. Owner shall make an in-lieu payment for the cost of traffic signal infrastructure at intersections adjacent to the Property. The in-lieu payment shall be made prior to the recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any construction permits for work within the Property, whichever is earlier, unless modified by a written phasing plan approved by the City Engineer or his/her designee or by a development agreement approved by the City Council. The in-lieu payment shall be based on the actual cost of the traffic signal if it has been constructed or if the payment is required before the signal is constructed it shall be based on the estimated cost of the traffic signal as determined by the City Engineer or designee. The Property Owner’s traffic signal obligations include, but may not be limited to: a. One third (1/3) of the cost of the full traffic signal (three legs) at W. Lower Buckeye Parkway and S. Bullard Avenue. b. 50% of the cost of the full traffic signal (four legs) at W. Yuma Road and S. Goodyear Boulevard East. c. 25% of a full traffic signal (four legs) at W. Lower Buckeye Parkway and S. Wood Boulevard. 25. If any of the traffic signals identified above are identified in a Traffic Impact Analysis approved by the City Engineer as being warranted by the development of the Property, then upon the request of the City Engineer or his/her designee, Owner shall construct such full traffic signal(s) subject to reimbursement by the city for the proportionate share of the cost of the signal for which others are responsible (i.e. 2/3 the cost of the signal at W. Lower Buckeye Parkway and S. Bullard Avenue; and 3/4 of the cost of the full traffic signals at the intersection of W. Lower Buckeye Parkway and S. Wood Boulevard and 1/2 of the cost of the intersection of W. Yuma Road and S. Goodyear Boulevard East). The reimbursements provided for herein are subject to compliance with the requirements of title 34 of the Arizona Revised Statutes governing the use of public funds for the construction or payment of public infrastructure; and 26. The Traffic Impact Analysis submitted with the application for rezoning is not approved. An updated Traffic Impact Analysis that complies with all of the requirements in the Engineering Design Standards and Policies Manual shall be submitted with the first preliminary plat and/or site plan submitted for the development of the Property and approved by the City Engineer or his/her designee. The Traffic Impact Analysis shall identify all infrastructure required to accommodate the additional trips generated by the development of Property as rezoned, and the location of all access points from the public right-of-way to the Property, all of which shall comply with all applicable regulations including the requirements in the Engineering Design Standards and Policies Manual; and 27. In addition to being responsible for a proportionate share of the cost of the full traffic signal at the intersection(s) identified above, Owner is also responsible for a proportionate share of the costs of additional traffic signals identified in an approved Traffic Impact Analysis/Study as being needed. If an updated Traffic Impact Analysis/Study reflects the need for any additional traffic signal at any intersection adjacent to the Property, Owner shall, at no cost to the City, convey, in fee, lien free, and free of any easements or encumbrances unless specifically agreed to by the City, any additional right-of-way needed for the construction of the portion of the traffic signal that will be located on the Property. In addition, Owner shall make an in-lieu payment to the City towards the cost of the signal. Except as provided herein, the in-lieu payment will be 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 were 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 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 approved by the City Engineer or his designee traffic signal. The dedication(s) 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, or requires connection to the intersection where the traffic signal is needed; and 28. Owner shall relocate or replace existing traffic signal improvements (the existing pole and mast arm) to their ultimate locations at the southeast corner of the intersection of S. Estrella Parkway and W. Yuma Road and any necessary modifications to mast arm, pedestrian push button poles, ADA ramps, or other improvements impacted by widening of W. Yuma Road and S. Estrella Parkway to their ultimate configurations. 29. Unless Owner constructs a bridge or culvert over Bullard Wash on W. Yuma Road pursuant to the terms of a development agreement with the City, Owner shall pay an in-lieu payment representing 25% of the full cost of the Yuma Road Bridge. The in-lieu payment required herein shall be paid prior to the issuance of the first civil construction permit for any work within the Property. The in-lieu payment shall be based on the actual cost of the Yuma Road Bridge if it has been constructed by others, or if the payment is required before the Yuma Road Bridge has been constructed, it shall be based on the estimated cost of the Yuma Road Bridge as determined by the City Engineer or designee. Yuma Road Bridge is defined as a bridge or a culvert crossing over Bullard Wash on Yuma Road that can convey up to the 100-year peak flow under Yuma Road, that is designed to meet the minimum City standards applicable to such structures and the drainage standards in effect at the time of development; and 30. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, 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 locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property; and 31. 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; (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, and/or (vi) required public infrastructure improvements Owner is required to construct pursuant to 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. 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 the Council or a written phasing plan approved by the City Engineer or his 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 the City Engineer or his/her designee, whichever is earlier; and 32. If any of the infrastructure improvements Owner is required to design and construct pursuant to the terms of this Ordinance have been constructed or is to be constructed by others, Owner shall remit a payment to the city in the amount of the actual costs incurred in the design and construction such infrastructure improvements if completed or, if not completed, the payment shall be in the amount of an engineer’s estimate of the costs as approved by the Goodyear City Engineer or his/her designee. The payment requirement herein shall be paid prior to or concurrent with the recordation of a final plat triggering Owner’s obligation to design and construct the infrastructure improvements. Section 6. AMENDMENT OF ZONING MAP The Zoning Map of the City of Goodyear is hereby amended to reflect the rezoning set forth in Section 4 of this Ordinance by the adoption of that certain document titled, “Official Supplementary Zoning Map No. 25-273, attached hereto as Exhibit A, which is declared a public record herein by Section 2 of this Ordinance; and such amendment to the Zoning Map shall be filed with the City Clerk in the same manner as the Zoning Map of the city of Goodyear. Section 7. 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 8. 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 9. 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 10. 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 11. 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 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. Section 12. RECORDATION This Ordinance shall be recorded with the Maricopa County Recorder’s Office 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 June, 2026. ____________________________________ /s/: Joe Pizzillo, Mayor Date: 6/22/2026   ATTEST: APPROVED AS TO FORM: /s/: Jasmine Pernicano, City Clerk /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 Business Gazette – Republic Edition on Wednesday, 7/1/2026, 7/8/2026. Goodyear Legal Ad# 27-0003.