ORDINANCE 2016-0526

ORDINANCE 2016-0526 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF AVONDALE FOR APPROXIMATELY + 0.16 ACRES GENERALLY LOCATED WEST OF THE NORTHWEST CORNER OF EAST HILL DRIVE AND NORTH 5TH STREET, AS SHOWN IN APPLICATION PL-25-0236, TO CHANGE THE ZONING OF SUCH PROPERTY FROM MULTI-FAMILY RESIDENTIAL (R-4) TO MULTI-FAMILY RESIDENTIAL WITH THE HISTORIC AVONDALE INFILL OVERLAY (R-4 HAIO). WHEREAS, the Council of the City of Avondale (the "City Council") desires to amend the City of Avondale Zoning Atlas (the "Zoning Atlas"), pursuant to Ariz. Rev. Stat. § 9-462.04, to change the zoning description for + 0.16 acres generally located 150 feet west of the northwest corner of East Hill Drive and North 5th Street, as shown in application PL-25-0236, from Multi-Family Residential (R-4) to Multi-family Residential with an Historic Avondale Infill Overlay (R-4 HAIO) (the "Zoning Atlas Amendment"); and WHEREAS, all due and proper notices of the public hearings on the Zoning Atlas Amendment held by the City of Avondale Planning Commission (the "Commission") and by the City Council were given in the time, form and substance provided by Ariz. Rev. Stat. § 9-462.04; and WHEREAS, on April 15, 2026, the Commission held a public hearing on the Zoning Atlas Amendment, after which hearing the Commission recommended approval by a vote of 6-0; and WHEREAS, the City Council held an additional public hearing regarding the Zoning Atlas Amendment on May 4, 2026; and WHEREAS, in accordance with Article II, Sections 1 and 2 of the Arizona Constitution, the City Council has considered the individual property rights and personal liberties of the residents of the City before adopting this Ordinance; and WHEREAS, the City Council has considered the probable impact of the Zoning Atlas Amendment on the cost to construct housing for sale or rent and finds that the proposed Zoning Atlas Amendment will have no probable impact on the cost to construct housing for sale or rent. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVONDALE as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Atlas Amendment is hereby approved, for + 0.16 acres generally located 150 feet west of the northwest corner of East Hill Drive and North 5th Street, as more particularly described and depicted on Exhibit A attached hereto and incorporated herein by reference, subject to the City of Avondale adopted codes, requirements, standards and regulations, and the following stipulations: 1. Except as modified by these conditions, development shall be in conformance with the following items: a. HAIO Development Plan, date stamped April 15, 2026; and b. HAIO Narrative with Landscape Plan, date stamped April 15, 2026. 2. All development shall be completed in accordance with the City of Avondale General Engineering Requirements (GER) Manual and the City of Avondale Supplement to MAG Uniform Specifications and Details, unless a standard deviation has been approved. 3. Final elevations for the housing product will substantially conform to those submitted as part of the HAIO narrative and will meet the requirements of the Single-Family Residential Design Manual and 2024 International Residential Code. 4. Prior approval shall be required from the Roosevelt Irrigation District for uses and improvements shown within the depicted easement. 5. All maintenance responsibilities shall be defined for the private sewer main in the preliminary and final plat documents. The City shall not be responsible for maintenance of these facilities. SECTION 3. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the City Manager, the City Clerk and the City Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Council of the City of Avondale, Arizona, May 4, 2026. Signed copies of this Ordinance and (exhibits) are available at Avondale City Hall, 11465 W. Civic Center Dr., Avondale, AZ 85323. May 9 2026 LAZS0515067