ORDINANCE NO. 2026-1649 … AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, CONDITIONALLY REZONING APPROXIMATELY 35.053 GROSS ACRES OF PROPERTY, LOCATED AT THE NORTHEAST CORNER OF MCDOWELL ROAD AND BULLARD AVENUE, FROM PALM VALLEY PROMENADE 1ST AMENDED PLANNED AREA DEVELOPMENT (PAD) TO PALM VALLEY PROMENADE 2ND AMENDED PAD AND AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR. … WHEREAS, on May 29, 2001, the City Council conditionally rezoned approximately 74 acres of property from PAD (Residential) to PAD (Neighborhood Commercial, Mixed Use Commercial and High Density Residential) with the adoption of Ordinance No. 01-0745. WHEREAS, on June 27, 2005, the City Council conditionally rezoned approximately 45 acres of property from PAD (Palm Valley Phase 2) to PAD (Palm Valley Promenade) with the adoption of Ordinance No. 05-0949, which included the Palm Valley Promenade Development Guidelines dated May 12, 2005 and facilitated development of Lifetime Fitness; WHEREAS, on June 26, 2009, the City Council conditionally rezoned approximately 10.42 acres of property located north of Lifetime Fitness with the adoption of Ordinance No. 09-1185, which represents the 1st amendment to the Palm Valley Promenade PAD and facilitated development of Amiya Apartments; WHEREAS, the proposed amendment will remove the three (3) story building height limitation in the current PAD regulations for approximately 16.57 acres of undeveloped property on the west side of North 146th Avenue (the “West Parcel”) and permit the maximum building height standard on the West Parcel to follow the C-2 (General Commercial) building height standards; WHEREAS, in accordance with the city’s Citizen Review Process, an alternative citizen review was mailed to property owners on April 9, 2026. Notice providing information on the request was mailed to surrounding property owners within five hundred feet (500’) of the rezone area for which the maximum building height modifications have been proposed. There was no opposition to the request received; WHEREAS, a request to rezone property requires public review and approval by the Planning and Zoning Commission and the City Council through the public hearing process. The rezoning must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance; WHEREAS, staff has determined that the proposed rezoning request is in conformance with the General Plan and will not adversely impact the surrounding area; WHEREAS, public notice that this rezoning request was to be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on May 6, 2026, appeared in the Arizona Business Gazette - Republic Edition on April 17, 2026; postcards were mailed on April 17, 2026, to property owners within five hundred feet (500’) of the rezone area for which the maximum building height modifications have been proposed; and three (3) signs visible from public right-of-way were posted on the property on April 14, 2026; WHEREAS, a public hearing was held before the Planning and Zoning Commission on May 6, 2026; WHEREAS, at that meeting the Planning and Zoning Commission voted 7-0 to approve the rezoning request; WHEREAS, public notice that this rezoning request was to be considered and reviewed at a public hearing to be held before the City Council on May 18, 2026, appeared in the Arizona Business Gazette - Republic Edition on April 17, 2026; postcards were mailed on April 17, 2026, to property owners within five hundred feet (500’) of the rezone area for which the maximum building height modifications have been proposed; and three (3) signs visible from public right-of-way were posted on the property on April 14, 2026; WHEREAS, a public hearing was held before the City Council on May 18, 2026; 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. 26-02", 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 for Palm Valley Promenade 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 “West Parcel Legal Description”, a copy of which is attached hereto as Exhibit C, is hereby declared a public record and incorporated herein by this reference. That certain document titled “Palm Valley Promenade 2nd Amended Development Guidelines” (dated February 2025), a copy of which is attached hereto as Exhibit D, 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 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. 2026-2522 applies to approximately 35.053 acres of property generally located at the northeast corner of Bullard Avenue and McDowell Road as legally described in that certain document titled “Legal Description for Palm Valley Promenade PAD”, attached hereto as Exhibit B (the “Property”) which is declared a public record herein by Section 1 of this Ordinance. SECTION 4. REZONING The Property is conditionally rezoned from Planned Area Development (PAD) (Palm Valley Promenade 1st Amended) District to PAD (Palm Valley Promenade 2nd Amended) District attached hereto as Exhibit D, which is declared a public record herein by Section 1 of this Ordinance. SECTION 5. CONDITIONS OF REZONING The rezoning of this Property is subject to the following stipulations and conditions of approval: 1. Except as modified by the following stipulations and conditions of approval set forth herein, all development of the Property shall be in compliance with the Palm Valley Promenade 2nd Amended Development Guidelines (dated February 2025) attached hereto as Exhibit D, which is declared a public record herein by Section 1 of this Ordinance; and, 2. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with all other federal, state and local laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property; and, 3. The Traffic Impact Study (TIS) submitted with the application is not approved. An updated TIS that complies with all requirements applicable to the development of the Property shall be resubmitted prior to site plan review. The TIS shall identify all infrastructure and roadway and intersection improvements needed in relation to the development of any portion of the Property, which may include improvements at the intersections of Goodyear Way/Palm Lane at Bullard Avenue and 145th Avenue at McDowell Road or other locations deemed appropriate in order to receive site plan approval; and, 4. The Property Owner shall dedicate, at no cost to the city, all rights-of-way and/or easements 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 constructing or 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 (vi) required for 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; and, 5. 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, and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property; and, 6. All required easements to serve the Property shall be recorded prior to permit issuance. If the City is a party to any required easements, it is the Applicants responsibility to identify those easements and submit all required easement documents to the City for review and approval. 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 “Palm Valley Promenade 2nd Amended Development Guidelines”, dated February 2025, referred to herein by the adoption of Supplementary Zoning Map No. 26-02, a copy of which is attached hereto as Exhibit A which is declared a public record herein by Section 1 of this Ordinance, 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 abridgment 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 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 18th day of May, 2026. /s/: Joe Pizzillo, Mayor Date: 5/18/2026 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 Business Gazette – Republic Edition on Wednesday, 5/27/2026, 6/3/2026. Goodyear Legal Ad# 26-0085.