Brett Tremaine, Majestic Realty Company

An amendment to the Ten 303 Business Park Planned Area Development (PAD) to delete a stipulation of approval requiring a Use Permit for buildings larger than 250,000 square feet adjacent to the western boundary of the PAD and for dock-level bay doors on the west side of any industrial building adjacent to the then planned Talaverde Estates. The amendment will also increase the maximum allowed building height from 40 feet to 50 feet on 55.23 acres with underlying I-1, Light Industrial zoning within the 159-acre Ten 303 Business Park PAD, generally located west of the northwest corner of Indian School Road and Cotton Lane.

Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the City. The development is responsible for construction of all infrastructure necessary to serve the site and will generate one-time revenue for the City through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.

On August 27, 2007, Mayor and Council adopted Ordinance 2007-1082 conditionally rezoning 159 acres of land generally located west of the northwest corner of Indian School Road and Cotton Lane, from the AG, Agriculture Zoning District to the PAD, Planned Area Development Zoning District, to allow for a development to be known as Ten 303 Business Park. In April, 2020, site plan approval was granted for the first building in the business park; the existing Amazon warehouse/distribution facility on approximately 91 acres with underlying I-2, General Industrial zoning, at the northeast corner of Indian School Road and Minnezona Avenue.
In July of 2021, this PAD Amendment to the Ten 303 Business Park PAD was submitted to delete one PAD stipulation of approval and to modify one PAD development standard. This PAD Amendment has not previously been presented to the City Council.

Current Policy:
A request to amend an approved PAD, including requests to delete or modify stipulations of approval, must be processed as a rezoning request, which requires public review by the Planning and Zoning Commission and public review and approval by the City Council. The proposed amendment must be consistent with the General Plan and should not adversely impact the surrounding area.

Details of the Request:

This amendment to the Ten 303 Business Park PAD was submitted by Majestic Realty Company, owner of approximately 55.23 acres.  The 55.23 acres is the portion of the Ten 303 Property identified as Parcel 2 and is designated as Light Industrial in the Ten 303 Business Park PAD. The property owner asked that the existing zoning be amended to:

• Delete the PAD stipulation of approval requiring a Use Permit for:
  • Buildings larger than 250,000 square feet located adjacent to the western boundary of the PAD; and,
  • Dock-level bay doors on the west side of any industrial building adjacent to the then planned Talaverde Estates (to the west of the western boundary of the PAD).
• Increase the maximum allowed building height from 40 feet to 50 feet, on the 55.23 acres with underlying I-1, Light Industrial zoning, in accordance with the current Industrial Zoning Districts Development Standards.

The amendment was initially intended to support the construction of one large 1 million square foot warehouse distribution facility. The amendment application noted, in support of the amendments requested, that since the time the restriction was placed on building size, almost all industrial development that has occurred in the immediate vicinity of the Ten 303 Business Park PAD, and also within the vicinity of the much larger PV303 PAD, has been industrial buildings averaging over 600,000 square feet in size. The application also cited the fact that the planned Talaverde Estates did not develop, and that that property had exchanged hands and was rezoned to R1-6, Single Family Residential at approximately 8 dwelling units/acre.

Although acknowledging that there are many industrial buildings averaging over 600,000 square feet in size in the vicinity, Parcel 2, unlike these other properties, is adjacent to residentially zoned property, whether it be Talaverde Estates or another residential development. Because of Parcel 2’s proximity to residentially zoned property, staff was not supportive of the 1 million square foot building that was originally being proposed. Staff therefore identified additional general conformance criteria that it recommends be imposed if the requirement for a use permit is deleted. The following criteria, which are included in the proposed amendment, are intended to minimize the impact of the development of industrial buildings in excess of 250,000 square feet on the future adjacent residential development:

1. A minimum of two buildings shall be built on Parcel 2;

2. No building constructed within Parcel 2 shall be larger than 500,000 square feet;

3. The maximum building height of each building, as defined in the City of Goodyear Zoning Ordinance, shall be 50 feet;

4. No dock-level bay doors or trailer parking shall face the west property line; and,

5. A minimum 30-foot wide landscape buffer with double rows of staggered trees shall be located adjacent to the west property line.

If the amendment is approved, Majestic Realty Company plans to submit a site plan application to construct two warehouse/distribution buildings on the 55.23 acres; one approximately 392,000 square feet and one approximately 460,000 square feet, neither of which will have dock-level bay doors facing the former Talaverde site, and both within the requested maximum building height of 50 feet.  Meritage Homes has begun to plat the R1-6 property and has communicated to city staff that they are neutral on the requested PAD Amendment.

Evaluation Criteria:
Per the city of Goodyear Zoning Ordinance, the city’s review and recommendation on a zoning amendment is to be guided by the following criteria:

1. Consistency with the General Plan

The existing Industrial General Plan land use designation allows for the warehouse/distribution uses contemplated by the planned Majestic 303 development. This proposed PAD amendment does not alter the consistency with the designation.

2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.

This proposed PAD amendment is consistent with the current suitability of the subject property’s physical and natural features for the permitted uses in the PAD.

3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.

Uses and development surrounding the subject property include:

• North – Proposed Prologis warehouse/distribution facilities zoned I-1, Light Industrial
• South – An under-construction Microsoft data center zoned PAD with underlying I-1, Light Industrial zoning
• East – An existing Amazon warehouse/distribution facility zoned PAD with underlying I-2, General Industrial zoning
• West – Undeveloped C-2, General Commercial and undeveloped R1-6, Single Family zoned properties
  • The request to delete the PAD stipulation requiring a Use Permit for buildings larger than 250,000 square feet adjacent to the western boundary of the PAD, and for dock-level bay doors on the west side of any industrial building adjacent to the then planned Talaverde Estates, will not significantly impact future development of the R1-6 properties because of the following recommended additional conditions being included in the amendment:
    • Parcel 2 shall have at least 2 buildings, and no buildings constructed on Parcel 2 shall be larger than 500,000 square feet. (This would preclude the originally contemplated single, 1 million square foot building.)
    • The maximum building height for each building within Parcel 2 will be 50 feet. (The planned site plan submittal includes two buildings with 40-foot clear heights, which typically results in maximum building heights of 46 to 48 feet.)
    • No dock-level bay doors or trailer parking facing the west property line; vehicle parking only
    • Minimum 30-foot wide landscape buffer with double rows of staggered trees adjacent to the west property line

4. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under the proposed zoning district would be better suited to the subject property than the uses allowed under the current zoning.

This proposed PAD amendment is consistent with the current land uses within the immediate area, and this PAD amendment does not change the current permitted uses within the PAD.

5. Demand for the types of uses permitted in the proposed zoning district in relation to the amount of land currently zoned and available to accommodate the demand.

This PAD amendment does not change the current permitted uses within the PAD.

6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.

Fire Response:
The subject property will continue to be served by Fire Station No. 185 at PebbleCreek Parkway and Clubhouse Drive, or by Fire Station No. 183 at 3075 Litchfield Road.

Nearest Goodyear Fire Station	Shortest path		Longest path		2nd Nearest Goodyear Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles		Mins	Miles	Mins	Miles
#185	5.85	2.93	5.85	2.93	#183	10.15	5.07	10.15	5.07

Police Response:
The property is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property as proposed. This proposed PAD amendment does not impact the ability of the department to serve the property.

Streets/Transportation:
This PAD amendment does not change the planned PAD access points on Indian School Road and Minnezona Avenue. The final location of all access points will be determined during plat and/or site plan review and approval, in conjunction with the approval of a Traffic Impact Study. Indian School and Minnezona will also be designed and constructed to accommodate the traffic from the buildings that will be constructed by Majestic Realty Company.

Water/Wastewater:
With this PAD amendment the subject property will continue to be within the jurisdiction of the city of Goodyear for wastewater service, and within the jurisdiction of EPCOR Water Arizona for water service. All infrastructure necessary to serve the subject property will continue to be required to be installed by the property owner and/or developer.

7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.

This PAD amendment does not change the requirement that the extension of utility lines needed to serve the property will be the responsibility of the property owner and/or developer as part of the development process.

8. General public concerns.

Public Participation:
In accordance with the city’s Citizen Review Process, a formal citizen review meeting was held on Tuesday, January 25, 2022. Prior to the meeting, staff held a Teams meeting with Troy Hill, a Vice-President with Meritage Homes, the future developer of the adjacent R1-6 residential area to the west of the Majestic 303 site.
Mr. Hill stated that Meritage understands the need for warehouse/distribution uses and is neutral on the Majestic 303 project moving forward. No other member of the public contacted staff or the applicant, and no member of the public attended the Citizen review meeting. No property owner within the Sedella community was notified of the citizen review meeting because the nearest Sedella lot is approximately 1,800 feet from the western boundary of the site of this PAD amendment. The citizen review process requires notification of owners of property within 500 feet.

Notice for the public hearings before the Planning and Zoning Commission and City Council on March 16, 2022, and March 28, 2022, respectively, included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice published in the Arizona Republic Southwest Edition on February 25, 2022; and a notice of public hearings sign posted on the subject property. Information on this PAD Amendment and these public hearings was also posted on the city’s website. To date, staff has received no other contact from the public.

Planning and Zoning Commission:
At its meeting on March 16, 2022, following a presentation by staff, and an acknowledgement by the applicant that they are in support of this PAD Amendment and in agreement with the stipulations in Ordinance No. 2022-1532, the Commission voted 7 to 0 to recommend approval of this PAD Amendment. No member of the public spoke regarding the amendment.

9. Whether the amendment promotes orderly growth and development.

This PAD amendment will promote continued orderly growth and development in conformance with the City Zoning Ordinance, Design Guidelines, and Engineering Standards.

10. Any other factors related to the impact of the amendment on the general health, safety and welfare of the citizens of the city and the general public.

This PAD amendment will not impact the general health, safety and welfare of the citizens of the city or the general public.

Findings:
Pursuant to the evaluation of this requested PAD Amendment, staff finds that approval of the proposed amendment to Ordinance 2007-1082 as set forth in Ordinance No. 2022-1532 attached hereto, which deletes condition 17 of Ordinance 2007-1082 and amends the Ten 303 Business Park PAD adopted by Ordinance 2007-1082, promotes continued orderly growth and development in conformance with the City Zoning Ordinance, Design Guidelines, and Engineering Standards.