ORDINANCE NO. 2010-0426

ORDINANCE NO. 2010-0426 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF AVONDALE FOR APPROXIMATELY ± 11.52 GROSS ACRES LOCATED AT 12104 WEST VAN BUREN STREET, AVONDALE, ARIZONA, AS SHOWN IN APPLICATION PL-25-0218, AND REZONING SUCH PROPERTY FROM R-4 MULTI-FAMILY RESIDENTIAL TO CERRO VISTA PLANNED AREA DEVELOPMENT (PAD). 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 + 11.52 gross acres located at 12104 West Van Buren Street, Avondale, Arizona, as shown in application PL-25-0218, from R-4 Multi-Family Residential to Cerro Vista Planned Area Development (PAD), (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 March 18, 2026, the Commission held a public hearing on the Zoning Atlas Amendment, after which hearing, the Commission recommended approval by a vote of 5-0; and WHEREAS, the City Council held an additional public hearing regarding the Zoning Atlas Amendment on April 20, 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 + 11.52 gross acres located at 12104 West Van Buren Street, Avondale, Arizona, as more particularly described 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 generally conform to the following items: a. Cerro Vista PAD Narrative, date stamped on March 18, 2026 b. Site Plan, stamped on March 18, 2026 2. Administrative approval of the Site Plan and Design Review shall be required prior to the issuance of any building permits, in accordance with the applicable City of Avondale Multi-Family Residential Design Manual. 3. 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. 4. Commencement of horizontal construction for the project shall begin within four (4) years from the date of City Council approval, per Avondale Municipal Code Section 28-113(d) Expiration, and subject to permitted extension. 5. Prior to the issuance of any construction permits for Cerro Vista, a re-plat shall be approved and recorded to combine the individually platted lots. 6. Should the Arizona Department of Water Resources (ADWR) establish another program in the future to provide for the extinguishment of irrigation Grandfather Rights (IFGR) and conveyance of credits to municipal water providers, Avondale reserves the right to require the extinguishment of such IFGR. 7. Prior to issuance of any building permit for the project, the property owner shall submit and obtain approval and recordation of a condominium plat with public water and sewer systems provided to the private property. 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, April 20, 2026. Signed copies of this Ordinance and (exhibits) are available at Avondale City Hall, 11465 W. Civic Center Dr., Avondale, AZ 85323. April 24 2026 LAZS0504667