A rezoning request requires public review and vote by the Planning and Zoning Commission and the City Council. The proposed rezoning must be in conformance with the General Plan and should not adversely impact the surrounding area.  As set forth below, the proposed zoning is both consistent with the General Plan and will not adversely impact the surrounding area.

The applicant is requesting a zoning change from the current Planned Area Development (PAD) with an underlying land use designation of commercial and industrial to a PAD Zoning District with an underlying zoning district of MF-24 with a PAD Overlay to facilitate the development of a multi-family development.  As currently envisioned, the Property will include traditional type apartment buildings, single-family rental style apartments, and townhome style apartments. The use of a PAD Overlay is justified as the current development standards for the MF-24 zoning district does not address some of the unique circumstances found within this oddly shaped ‘Triangular Shaped with a notch’ parcel that surrounds an existing water campus and has no clearly defined rear. Additionally, the MF-24 zoning district does not contemplate a property providing three-unique product types within one single development.

Development Standards:

The development standards applicable to the Multi-Family Residential (MF-24) Zoning District will apply to the development of the Property except as modified by the PAD Overlay.  However, because of the difference in apartment styles, different design guidelines will apply based on the nature of the building.  The design guidelines applicable to Multi-Family Residential will apply to all buildings within the Property; but the additional design guidelines applicable to development with the MF-12 Zoning District will also apply to buildings with three or less residential units.

Internal Setback:

If a future property line is provided internal to the Anton at Ballpark Village project, thereby splitting the overall project into two or more parcels, a setback requirement from that internal property line shall not be required, provided any applicable building/fire code requirements are met on structures adjacent to that property line.

As this property develops, it is expected that it will contain a mix of multi-family housing types as illustrated on the conceptual site plan.  In the future, if the property is divided into one or more parcels by housing type, for management purposes, to allow for individual ownership of the dwelling units.  By allowing for zero-foot setbacks along any internal property lines, subject to building/fire codes, will allow this division to take place with no impact on the external property lines.

Tandem Parking:

Off-street parking and loading shall comply with Goodyear Zoning Ordinance Article 6, except that tandem parking may be provided on site with the following standards:

• Each of the two (2) parking spaces within each tandem parking space shall be reserved to the same dwelling unit.
• A Parking Plan addressing parking management shall be submitted and approved with the Site Plan.  All parking shall adhere to the approved Parking Plan.

By allowing for tandem parking wherein space for a vehicle is provided in a garage and then another space is provided outside that garage on the driveway/apron, there are opportunities to reduce surface parking and allows more flexibility in unit types and increased densities. This is a similar request to other multi-family developments located within Village Center Overlay Districts and Transit Oriented Development Overlay Districts.

Reduction in Size and Depth of Private Outdoor Space:

Pursuant to Article 3-2-5 (Table 3-2-5), each MF-24 residential unit is required to have a dedicated private outdoor open space in the form of a yard, patio, or balcony with a minimum aggregate overall size of 60 square feet. Within Anton at Ballpark Village, the minimum aggregate overall size of the yard, patio, or balcony may be reduced below 60 square feet to a minimum of 55 square feet.  This reduction shall only be allowed on no more than 20% of the applicable dwelling units within the project, which shall be clearly demonstrated on the Site Plan.

This deviation, to allow five (5) square foot less in some balconies will allow for more diversity in the building elevations by affording the architect the ability to vary the depth of the exterior wall planes of the taller two and three story buildings As discussed elsewhere, additional common open space and recreation amenities will be provided, including the construction of a trail in the City owned Bullard wash, to support the reduction in private outdoor space.

Minimum Sidewalk Width:

The minimum sidewalk width may be reduced to four (4) feet, during Site Plan Review, if the applicant demonstrates to satisfactory that the sidewalk reduction will occur in areas with limited pedestrian traffic.

A multi-family community made up of numerous buildings and amenities on over 30 net acres, such as that proposed for Anton at Ballpark Village, will be crisscrossed by various sidewalks linking all those buildings and amenities to one another. Additionally, this development has requirements to provide additional connections to the perimeter of the project so all sidewalk connections will not be internally faced like typical multi-family developments. As part of the above language, the developer still has to demonstrate to the satisfaction of City staff that the reduced width from five (5) foot minimum to four (4) foot minimum is only in locations with limited pedestrian traffic and does not affect compliance with accessible pathways for ADA requirements.

Setback Encroachment:

Projections on MF-24 buildings including balconies (covered or uncovered), bay windows, eaves, ornamental features, or similar shall be permitted to encroach into the front and street side setbacks by not more than two (2) feet.  Ground floor projections that include patios (covered or uncovered) surrounded by walls that are less than four (4) feet or less in height and include pedestrian gates and paths allowing pedestrian access directly to the adjacent roadway/sidewalks, shall be permitted to encroach into the front and street side setbacks by not more than five (5) feet. 

Limited encroachments allow for greater flexibility in building design and allows for more variety in the elevations that face out to the public roadways without unnecessary limiting the frontage landscape.  Additionally, the encroachment at the ground floor will require a pedestrian connectivity element and provide for units to engage with the streetscape.

Bullard Wash East Trail:

In order to justify the smaller outdoor spaces, and to provide a beneficial amenity for residents, the developer of Anton Ballpark Village (“applicant”) agrees to construct the segment of the Bullard Wash East Trail adjacent to Anton Ballpark Village before the City begins construction on the remainder of the Bullard Wash East Trail (the “Ballpark Village Trail Segment”). The trail will include a 10 to 12-foot unpaved compacted decomposed granite (DG) path on the ridge of the wash. The segment will connect from the Yuma Road sidewalk to the Bullard Avenue sidewalk.  Construction of the trail will be coordinated with the Parks and Recreation Department. The city will maintain the path once constructed. Applicant shall build the Ballpark Village Trail Segment to the City’s trail design standards. Applicant shall not be required to go through any public bidding process or use licensed professional(s) or contractor(s) pre-approved by the City, but rather the Applicant shall be allowed to select its own licensed professional(s) and contractor(s). Prior to the commencement of the segment of the Ballpark Village Trail Segment, the City and the Applicant shall mutually agree on indemnifications, licenses, and insurance requirements, which agreements shall not be unreasonably delayed, withheld, or denied. Applicant agrees to complete construction of the Ballpark Village Trail Segment prior to receiving a final certificate of occupancy on the final phase of construction.

If the housing type is generally consistent with the MF-12 standards and as required above utilizes the Additional MF-12 Zoning District Guidelines, then the following deviations will be permitted from the standards and guidelines:

Reductions in Building Separation Along Perimeter:

A portion of the project applicable to the MF-12 Design Guidelines shall provide a minimum of 15-foot building separation for perimeter dwelling units along the exterior roadways of Yuma Road and Bullard Avenue; however, the minimum separation for buildings along the Bullard Wash perimeter may be reduced to be 10-foot minimum.  

In justification for the reduced building separation along the Bullard Wash perimeter, the applicable dwelling units will have a minimum depth of 20 feet along with view fencing adjacent to the Bullard Wash and trail to be constructed by the Anton at Ballpark Village developer.  Additionally, each yard along Bullard Wash will be planted with at least one (1) shade tree to provide additional visual interest.

         
Reductions in Private Outdoor Space:

In a portion of the project applicable to the MF-12 Design Guidelines, private yards of dwelling units that are not along the perimeter of the property shall be permitted a reduction in Private Outdoor Space from a minimum of 200 square feet to a minimum of 150 square feet.  If studio units, with less than 600 square feet livable are included, the studio unit shall be permitted to have a minimum 40 square feet of private outdoor space, with a minimum width or depth of 5 feet.

A 25% square foot reduction of minimum private open space on some of the dwellings, still leaves them with a usable private yard of roughly eight (8) feet by 20 feet, which is offset by common open space activities and the construction of the Bullard Wash Trail, offsite and a commitment for minimum recreational amenities onsite. For those studio units, it is reasonable to believe many will be occupied by single residents.

Private Yards within West 20’ Setback:

If the adjacent housing type along the west property line (along Bullard Wash) is consistent with the MF-12 standards and as required above utilizes the Additional MF-12 Zoning District Guidelines, then the required 20’ side setback of the MF-24 Zoning District may be contained (all or a portion of) within a landscaped fenced private yard so long as the private fenced yard is a minimum of 200 square feet.  

Use of the required side or rear setback as fenced private yards is justified as it is a traditional element of the MF-12 development and as such is part of the cottage style apartments proposed herein.  The west boundary is along the Bullard Wash, there will be no directly adjacent vertical development except for recreational amenities and public open space.  Incorporating private yards via view fencing in this area will form a formal separation between the public space of the wash and the private space of the multi-family community, while still allowing for visual surveillance and integration of the private and public spaces.  Fencing shall be a combination of view fence and view walls along the entire Bullard Wash frontage which shall have a minimum of 2’ of view fencing on top of a maximum of 4’ of Concrete Masonry Unit (CMU) (or equivalent) block wall.

The PAD Overlay also requires additional design enhancements for all buildings on site, allows for some deviations to the MF-12 housing product color schemes and building elevations offered, provides for shaded pedestrian entrances, additional connections to the adjacent streets, as well as limited walls for certain product types to ensure there is street engagement and views into the community.

The developer is also required to construct a Ballpark Village Gateway Monument at the southwest corner of Bullard Avenue and Yuma Road. This monument will match themes and materials found within the Ballpark Village area and include an artistic mural that is publicly facing.

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 Goodyear 2025 General Plan designates the property with the Business and Commerce land use category; this category allows for multi-family zoning. The zoning case requires a minimum density of 16 units per acre; therefore, the request is in compliance with the Goodyear 2025 General Plan land use.

Goals, Objectives, and Standards within the General Plan that support rezoning of the property for the Anton at Ballpark Village multi-family community are as follows:

Goal GD-1 - Physical Growth and Development
A compatible mix of land uses and diverse destinations that foster a high quality of life with livable and safe neighborhoods with a strong economy that fosters a healthy and sustainable environment.

Objective CC-5-1 – Land Use
Establish a land use hierarchy and community form that maintains a broad variety of land uses and responds to the community’s vision and needs.

Objective CC-1-1 – Neighborhoods
Create and foster complete neighborhoods.

Objective CC-1-3 – Neighborhoods
Foster the creation and maintenance of attractive, high-quality neighborhoods.

Goal CC-2 – Community and Cultural Development
A diverse stock of high quality housing that meets the needs of all residents.

Objective CC-2-1 – Housing
Provide diverse and quality housing products.
Policy B: Promote higher residential densities near and within the City Center, along the McDowell Road/Interstate 10 commercial corridor, the future Loop 303 corridor south of I?10, and near transit stations.

Land Use and Transportation Plan Development Standards
          Standard 1 - Universal Development Standards
All development proposals shall demonstrate their conformance with the applicable stated goals, objectives, and policies contained within the General Plan, and how the development furthers the appropriate implementation of the General Plan.

Standard 8 – Universal Development Standards
New residential uses shall not be approved within the 65 DNL (Day-night Noise Level) or greater noise contours and the accident potential zones surrounding Luke Air Force Base. New residential uses within the 65 DNL or greater noise contours surrounding Phoenix?Goodyear Airport shall require additional review and noise attenuation

Standard 41 – Business and Commerce Development Standards
High Density (e.g., multi?family) residential development is permitted in the Business & Commerce category when located adjacent to a community or regional park, open space area, single family residential, commercial area or used as a buffer between the Neighborhoods category and Business & Commerce category. Circulation and access to necessary amenities such as schools and grocery stores, and compatibility with surrounding existing and planned uses shall be taken into account when considering this type of use in the Business & Commerce category.

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

The subject property is relatively flat and devoid of any topography that would hinder development such as washes, hillsides, natural features that may be worthy of preservation, existing protected wildlife, and existence of high voltage power lines or other utilities.   With historical farming in the region, there are existing irrigation canals that will be either abandoned and removed or placed in underground piping.

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

Current and future uses and development of the properties surrounding the subject property include:
North – Compass Data Centers Development;
South – Bullard Avenue, Goodyear Bullard Water Campus, and Airpark Logistics Center;
East –Bullard Avenue and Airpark Logistics Center;
West – Bullard Wash;

The proposed MF-24 zoning is appropriate on the subject property.  As noted above it is consistent with the General Plan.

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.

Luke Air Force Base:

The property does not fall within the Luke Air Force Base Accident Potential Zone or the DNL. However, the subject property is located within the vicinity of a military airport. Given the location of the property and the proposed zoning, base operations will not be adversely impacted by this development.

Phoenix-Goodyear Airport:

The property does not fall within the Phoenix-Goodyear Airport DNL.

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.

The applicant has indicated there is demand in Goodyear is very high for quality rental residential, especially such as that proposed with close access to the freeway network as well as the adjacent employment uses.

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

School Districts:

The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. Both school districts have been notified of the rezoning request.

Fire Response:

Emergency response times and distances are provided below:
 

Nearest Goodyear Fire Station	Shortest Path		Longest Path		2nd Nearest Goodyear Fire Station	Shortest Path		Longest Path
	Mins	Miles	Min	Miles		Mins	Miles	Min	Miles
Fire Station #181	3.68	1.84	4.13	2.06	Fire Station #184	4.04	2.02	4.50	2.25

Police Response:

The proposed development is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property.

Streets/Transportation:

The property will be accessed via private streets/driveways within the development that will gain access to Bullard Avenue and Yuma Road. The Engineering Department has created stipulations to address traffic requirements applicable to this development; specifically Yuma Road will be widened and improved, Bullard Avenue will be widened and improved and the portion of Bullard Avenue in front of the city water campus will be widened and improved.

Water/Wastewater:

The subject property will be served by city of Goodyear for water and wastewater.

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

The Property abuts existing public services. It is located along major arterial roadways with the necessary capacity. As indicated in the Water and Sewer Reports submitted with the rezoning, there is adequate water and sewer infrastructure/capacity to serve the development.

 
8. General public concerns.

Public Participation, Public Comment and Planning and Zoning Commission Meeting:
An in-person Neighborhood Meeting was conducted for this proposal and Notice of the Neighborhood Meeting was provided to property owners within 500 feet of the property on December 16, 2021; signs advertising the Neighborhood Meeting were placed on the site on December 20, 2021. The neighborhood meeting took place on January 11, 2022. No residents spoke in opposition to the proposed rezone.

A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on March 16, 2022 appeared in the Arizona Republic Southwest Valley Edition February 25, 2022; postcards were mailed to adjoining owners on February 17, 2022; and signs were posted on the site on February 18, 2022.

On March 16, 2022, the Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the applicant spoke briefly to the Commission. The Planning and Zoning Commission voted (7-0) to recommend approval, subject to the proposed stipulations.

9. Whether the amendment promotes orderly growth and development.

The subject property is within a quarter mile of existing development and located within the proximity of City services and infrastructure. 

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.

The subject property is located to the northwest of the Phoenix Goodyear Airport.  While the subject property is located near the airport, it is located fully outside of any accident potential zones at the ends of the runway and fully outside any aircraft takeoff and approach patterns from the runway.    The property is also significantly removed from the 65ldn noise contour.  Dwelling construction methods will further reduce potential noise impacts from the Phoenix Goodyear Airport.