ORDINANCE NO. 2011-0426

ORDINANCE NO. 2011-0426 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, AMENDING THE OFFICIAL ZONING ATLAS OF THE CITY OF AVONDALE FOR APPROXIMATELY +24.89 GROSS ACRES GENERALLY LOCATED SOUTH OF THE SOUTHWEST CORNER OF DYSART ROAD AND VAN BUREN STREET, AS SHOWN IN APPLICATION PL-25-0250, AND AMENDING AND RENAMING THE AVONDALE TOWNHOMES ON DYSART PAD TO THE ROSILIAN VILLAS 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 amend and rename the Avondale Townhomes on Dysart Planned Area Development (PAD) to the Rosilian Villas Planned Area Development (PAD) for approximately +24.89 gross acres generally located south of the southwest corner of Dysart Road and Van Buren Street, as shown in application PL-25-0250 (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 +24.89 gross acres generally located south of the southwest corner of Dysart Road and Van Buren 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 generally conform to the following: a. Amended Rosilian Villas PAD narrative, date stamped on March 18, 2026 b. Site Plan, date 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 Rosilian Villas, 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 the issuance of the first Certificate of Occupancy, the developer shall contribute $250,000 for a future traffic signal at the intersection of 4th Street and Van Buren Street, as per the results of the traffic impact study, or as required by the City Engineer. This contribution shall be finalized in a written agreement between the developer/owner and the City of Avondale prior to the issuance of any building or civil permits. 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 LAZS0504689