| ITEM #: 11. DATE: 05/23/2022 AI #:893 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | NORTHEAST CORNER OF COTTON LANE AND VAN BUREN STREET MINOR GENERAL PLAN AMENDMENT |
| STAFF PRESENTER(S): | Christian M. Williams, Senior Planner |
SUMMARY
This is a Public Hearing to request for a Minor General Plan Amendment on approximately 31-acres of property generally located northeast of Cotton Lane and Van Buren Street from the Business and Commerce Land Use designation to Neighborhood Land Use designation.
Recommendation
1. ADOPT RESOLUTION NO. 2022-2234, APPROVING A MINOR AMENDMENT TO THE GOODYEAR 2025 GENERAL PLAN TO AMEND THE LAND USE DESIGNATION OF APPROXIMATELY 31 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF COTTON LANE AND VAN BUREN STREET FROM BUSINESS COMMERCE TO NEIGHBORHOOD OVER THE APPROXIMATELY 31 ACRES; REQUIRING AN AMENDMENT TO FIGURE 8.12 LAND USE AND TRANSPORTATION PLAN MAP IN CHAPTER 8 OF THE GOODYEAR 2025 GENERAL PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. (Christian M. Williams, Senior Planner).
FISCAL IMPACT
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.
BACKGROUND AND PREVIOUS ACTIONS
The requested Minor General Plan Amendment applies to approximately 31 acres generally located northeast of Cotton Lane and Van Buren Street (the “Property”) The zoning for the Property is Canyon Trails Phase I Planned Area Development (PAD) with an underlying land use designation of Commercial, as was adopted via Ordinance No. 99-649.
The land use designation for the property at the northeast corner of Cotton Lane and Van Buren Street is identified as Business and Commerce in the Goodyear 2025 General Plan as ratified by a vote of the citizens of Goodyear on November 4, 2014. The Business and Commerce Land Use designation permits property to be rezoned to certain commercial, high density residential, and industrial uses.
Since the ratification of the Goodyear General Plan, the Arizona State Route 303 Loop (Loop 303) has been constructed largely along the Cotton Lane alignment in this area. As a result of the freeway’s construction, Cotton Lane, adjacent to this property, has been converted into a northbound one-way frontage road and Van Buren Street. As a result, access to the property will only be from Van Buren Street or the Cotton Lane frontage road. No access to the freeway will be provided as the interchange of Loop 303 and Van Buren Street is a half-diamond interchange and will not include northbound on ramps from Van Buren Street to Loop 303 or southbound exit ramps from Loop 303 to Van Buren Street. As a result of limited freeway and roadway access as well as a changing market, commercial properties have not developed in this area.
The land use designation for the property at the northeast corner of Cotton Lane and Van Buren Street is identified as Business and Commerce in the Goodyear 2025 General Plan as ratified by a vote of the citizens of Goodyear on November 4, 2014. The Business and Commerce Land Use designation permits property to be rezoned to certain commercial, high density residential, and industrial uses.
Since the ratification of the Goodyear General Plan, the Arizona State Route 303 Loop (Loop 303) has been constructed largely along the Cotton Lane alignment in this area. As a result of the freeway’s construction, Cotton Lane, adjacent to this property, has been converted into a northbound one-way frontage road and Van Buren Street. As a result, access to the property will only be from Van Buren Street or the Cotton Lane frontage road. No access to the freeway will be provided as the interchange of Loop 303 and Van Buren Street is a half-diamond interchange and will not include northbound on ramps from Van Buren Street to Loop 303 or southbound exit ramps from Loop 303 to Van Buren Street. As a result of limited freeway and roadway access as well as a changing market, commercial properties have not developed in this area.
STAFF ANALYSIS
Current Policy:
Chapter 9 of the General Plan defines what type of change is considered a Major Amendment, Minor Amendment or No Amendment. A change to the roadway plan that is separate from a land use change is considered a Minor General Plan Amendment. A change to land use under 160 acres requires a Minor General Plan Amendment, regardless of whether it includes a change to the roadway plan. A Minor General Plan Amendment requires one public hearing before the Planning and Zoning Commission and one public hearing before the City Council. Minor Amendments to the General Plan can be processed at any time during the year because it is not a Major General Plan Amendment.
Details of the Request:
This application for a Minor General Plan Amendment is being requested by the applicant to facilitate residential development of the Property. The Property’s current Land Use designation of Business and Commerce would permit residential development, but only at high densities compatible with the MF-18 zoning district or greater. As a result of limited freeway and roadway access as well as a changing market, commercial properties have not developed in this area. The developer seeks to create a multi-family community with a density of 12-units per acre which is not permitted within the Business and Commerce General Plan Land Use Category. Accordingly, the applicant is seeking to amend the land use designation for the Property
Subsequent to this request, by separate action, Council will be asked to consider an application to rezone the Property to the MF-12 (Multi-Family) zoning district with a PAD Overlay.
Evaluation Criteria:
Chapter 9, Amendments and Public Participation, specifies the Amendment Review Criteria to be used in reviewing a proposed amendment. The following information identifies these criteria and how this proposed amendment to the General Plan complies with those criteria.
1. The amendment must forward the vision for Goodyear as described in Chapter 3 of the General Plan.
2. The amendment must be consistent with the goals, objectives, and policies contained within the General Plan.
3. The amendment must align with at least one of the fundamental strategies identified in Chapter 3 and shall not conflict with any of the fundamental strategies.
4. The amendment must not negatively impact the implementation of any City-approved Master Plan or shall provide mitigation measures to alleviate the potential impact.
5. The amendment must constitute an overall improvement to the General Plan.
6. The amendment will not adversely impact a portion of, or the entire community, by
b. Increasing traffic without mitigation.
c. Requiring additional and more expensive improvements to infrastructure without mitigation.
d. Significantly altering the existing character of an area in a negative and unplanned way.
e. Diminishing the environmental quality of the air, water, land, or cultural resources.
7. Public Participation, Public Comment and Planning and Zoning Commission Meeting:
Chapter 9 of the General Plan defines what type of change is considered a Major Amendment, Minor Amendment or No Amendment. A change to the roadway plan that is separate from a land use change is considered a Minor General Plan Amendment. A change to land use under 160 acres requires a Minor General Plan Amendment, regardless of whether it includes a change to the roadway plan. A Minor General Plan Amendment requires one public hearing before the Planning and Zoning Commission and one public hearing before the City Council. Minor Amendments to the General Plan can be processed at any time during the year because it is not a Major General Plan Amendment.
Details of the Request:
This application for a Minor General Plan Amendment is being requested by the applicant to facilitate residential development of the Property. The Property’s current Land Use designation of Business and Commerce would permit residential development, but only at high densities compatible with the MF-18 zoning district or greater. As a result of limited freeway and roadway access as well as a changing market, commercial properties have not developed in this area. The developer seeks to create a multi-family community with a density of 12-units per acre which is not permitted within the Business and Commerce General Plan Land Use Category. Accordingly, the applicant is seeking to amend the land use designation for the Property
Subsequent to this request, by separate action, Council will be asked to consider an application to rezone the Property to the MF-12 (Multi-Family) zoning district with a PAD Overlay.
Evaluation Criteria:
Chapter 9, Amendments and Public Participation, specifies the Amendment Review Criteria to be used in reviewing a proposed amendment. The following information identifies these criteria and how this proposed amendment to the General Plan complies with those criteria.
1. The amendment must forward the vision for Goodyear as described in Chapter 3 of the General Plan.
As stated in Chapter 3, the vision for Goodyear “Create a highly desirable and sustainable place for all the live, work, visit and play” is advanced by this requested amendment. The current designation of Business and Commerce would support zoning for commercial and/or high-density multi-family whereas the proposed designation (along with the companion zoning case) is for multi-family, but at a lower density than that allowed in the existing designation. The Property has been zoned for commercial uses since 2004 and with the placement of the Loop 303 freeway, it has limited accessibility. As such, the applicant has indicated the Property is not conducive to the type of development consistent with the Business and Commerce land use designation.
2. The amendment must be consistent with the goals, objectives, and policies contained within the General Plan.
Northeast Corner of Cotton Lane and Van Buren Street Minor General Plan Amendment is consistent with the Goals, objectives, and policies of the General Plan, including:
Goal GD-2: Effectively managed and well-distributed growth that meets or exceeds the quality of existing development and addressed the needs of existing and future residents and businesses.
Goal GD-2: Effectively managed and well-distributed growth that meets or exceeds the quality of existing development and addressed the needs of existing and future residents and businesses.
• Objective GD-2-1: Ensure that new development pays its fair share toward the cost of additional public service needs generated by that new development.
The developer of this portion of Canyon Trails will both construct new infrastructure adjacent to the Property and pay development impact fees to the City for its fair share of additional public service needs that may be generated by the project.
• Objective GD-2-2: Focus new growth in the City’s designated growth areas to effectively utilize resources, minimize operation and maintenance costs, and attract and effectively provide new services such as transit and entertainment opportunities.
o Policy ‘b’: Promote development within the City’s designated growth areas first.
The proposed development is located within a quarter mile of the Interstate 10 Job Corridor and within 1 ¼ miles of the Loop 303 Corridor Job Center.
Goal GD-5: A customer-centered, effective, and efficient system of public and private facilities and services for existing and future residents, businesses, and visitors.
• Objective GD-5-1: Ensure infrastructure and services are available to meet the needs of new residents and workers and continue to meet the needs of the existing community.
Infrastructure adjacent to the project will be completed by the developer, including the sidewalk along Cotton Lane adjacent to the project.
Goal GD-6: An assured volume and reliable supply of affordable, high quality water resources that meet both current and future needs.
• Objective GD-6-6: Commit to water conservation.
The developer will follow all city regulations pertaining to water and landscaping.
Goal GD-7: A community that provides for the health and safety of residents and visitors and protects them from the hazards of the natural and man-made environment.
• Objective GD-7-3: Ensure the built (i.e., man-made) environment fosters safety.
o Policy ‘a’: Promote safety through neighborhood design through measures such as, but not limited to, lighting and traffic calming.
Any development within this portion of Canyon Trails will be designed to respond to this policy, incorporating appropriate street and open space lighting, as well as street design that discourages speeding, in order to create a safe community.
Goal GD-8: A community that is sensitive and dedicated to preserving the unique nature and wildlife of the Sonoran Desert.
• Objective GD-8-1: Utilize architecture and landscape that is compatible with the Sonoran Desert.
The developer shall consider the natural and built environment in the design of its communities.
Goal CC-1: Vibrant and complete neighborhoods recognized as being people and family friendly, each with their individual character yet connected and integrated into a cohesive Goodyear.
• Objective CC-1-1: Create and foster complete neighborhoods.
This portion of Canyon Trails will be a complete neighborhood, featuring a range of housing options, pedestrian and bicycle connectivity, abundant open space, and amenities, and gathering places, all in close proximity to schools, retail and dining options, and future job centers.
Goal CC-3: A parks, trails, open spaces, add recreational facilities system that is regionally and locally linked and accessible, that serves existing and future residents and contributes to the community’s social, economic, and environmental quality.
• Objective CC-3-1: Develop parks and recreation facilities in support of programs and events desired by city residents, that support economic development and that promote neighborhood identify and quality of life.
This portion of Canyon Trails will provide parks and open space in conformance with the policies outlined in the General Plan for the “Neighborhoods” land use category including, making them a focal point of the neighborhood in close proximity to all residents, providing excellent connectivity, and creating a sense of place where residents can play safely and interact socially.
Goal CC-4: A non-motorized trail and path network that provides safe and convenient opportunities for bicycling and walking.
• Objective CC-4-1: Enhance the regional bicycle system.
The construction of this portion of Canyon Trails will enhance the regional bicycle system by providing trails along Cotton Lane adjacent to the project where requested by the city and incorporating bicycle usable pathways and parking areas within the community itself.
Goal CC-7: A community with access to healthy eating and active lifestyle opportunities.
• Objective CC-7-2: Promote a physically active community.
Canyon Trails and the future residents of this neighborhood will be within walking distance of schools and shopping; these amenities will be connected to the future residential by pathways and sidewalks, thereby helping to promote a more physically active community.
Goal ED-1: A resilient and diversified economy.
• Objective ED-1-1: Encourage development to attract business to Goodyear that offer good wages and benefits and positively contribute to the community and economy.
Through a General Plan Amendment from Business and Commerce to Neighborhood, the developer will be able to develop a mix of residential units. The addition of housing in the area will provide workers, within the nearby employment uses, with additional housing options The developer of this portion of Canyon Trails will be providing new housing opportunities within close proximity to employment.
Goal ED-4: A community that is a technology leader in health care, business, education, aerospace, defense, and government.
• Objective ED-4-2: Ensure that every business and home in Goodyear is connected to advanced telecommunications.
With the development of this portion of Canyon Trails, the developer will work with telecommunication providers to extend infrastructure in order to provide access to all homes within the project.
3. The amendment must align with at least one of the fundamental strategies identified in Chapter 3 and shall not conflict with any of the fundamental strategies.
Chapter 3 lists nine strategies ranging from transportation to culture and from economics to open space. This request most closely aligns with Strategy 1 “Create Attractive Places and Diverse Destinations”, 5 “Advance Economic Opportunity”, and 8 “Provide Opportunities for Living a Healthy Lifestyle” and is not in conflict with the other strategies. By providing for quality and diverse options for all lifestyles, additional housing types in Goodyear with provide a population base that encourages other businesses and services to locate in Goodyear; thereby attaining Strategy 1s goal to have “great places” for “quality shopping, dining, recreation and entertainment experiences.” It also goes without saying that a variety of attainable housing, including multi-family within a community is a strong factor in business and employer location supporting Strategy Five’s goal of a “strong economic base.” The additional housing opportunities support Strategy Eight’s goal for “a strong and thriving community” and access to “decent shelter” for all residents.
4. The amendment must not negatively impact the implementation of any City-approved Master Plan or shall provide mitigation measures to alleviate the potential impact.
This request does not impact any City approved Master Plans.
5. The amendment must constitute an overall improvement to the General Plan.
The proposed amendment represents an overall improvement to the General Plan because the development of the Property for uses compatible with the Business and Commerce with Village Center Overlay land use designation is no longer viable give the limited access to the Property resulting from the Loop 303 freeway. As such, without the amendment, the Property is likely to remain undeveloped. The proposed amendment will allow for the development of the Property in ways that are consistent with a number of the strategies of the General Plan outlined above.
6. The amendment will not adversely impact a portion of, or the entire community, by
a. Significantly reducing the balance of residents and jobs.
Re-designating the land use for this parcel from Business and Commerce to Neighborhood will not adversely impact the balance of residents and jobs within the general area or in the entire community. First, the re-designation may reflect a loss of land designated as Business and Commerce, but in reality, the re-designation is not creating a loss of land that could be developed for uses allowed under the Business and Commerce land use designation because the development of the Property for such uses has not developed in light of the limited access resulting from the location of Loop 303. Second, the re-designation area is small (approximately 31 acres) and there remains substantial amounts of land within the city designated as Business and Commerce. Immediately west of this site is a 58-acre State owned site that is undeveloped and falls within the General Plan Land Use Category of Business and Commerce. Additionally, nearly all of the land north of Interstate 10 (Papago Freeway) between Citrus Road, McDowell Road and approximately 159th Avenue is within the General Plan Land Use Designation of Business and Commerce and undeveloped.
b. Increasing traffic without mitigation.
The land use designation change should have the net effect of reducing traffic as residential uses typically generate less traffic than commercial uses and because a Neighborhood land use designation will result in the development of lower densities of residential units than would be developed under the high-density residential zoning districts that are compatible with the Business and Commerce land use designation.
c. Requiring additional and more expensive improvements to infrastructure without mitigation.
The site is generally infill with utilities nearby as well as community needs such as education as well as fire and police protection adequately provided. The developer will be responsible for ensuring City utilities such as water and sewer are extended as necessary.
d. Significantly altering the existing character of an area in a negative and unplanned way.
As noted previously, the existing Business and Commerce designation would support multi-family development. This change to a Neighborhood designation for a lower density multi-family development will not negatively impact the surrounding community as the property to the east is within the Neighborhood designation and the properties to the north are entitled for 12 units per acres or less.
e. Diminishing the environmental quality of the air, water, land, or cultural resources.
This Minor General Plan Amendment should not affect environmental quality as the property has been altered from its natural state and used for farming purposes for several years.
7. Public Participation, Public Comment and Planning and Zoning Commission Meeting:
An in-person Neighborhood Meeting was conducted for this proposal on March 29, 2022. Notice of the Neighborhood Meeting was sent to property owners within 500 feet of the property to provide ample opportunity for input prior to noticing the public hearing itself, The Neighborhood Meeting notices were mailed on March 12, 2022; a sign advertising the Neighborhood Meeting was posted to the site on March 14, 2022. During the Neighborhood Meeting, residents asked questions about traffic, building heights, access to the adjacent freeways and recent growth in the area. No formal opposition to this case has been received.
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 May 11, 2022 appeared in the Arizona Republic Southwest Valley Edition April 23, 2022; postcards were mailed to adjoining owners on April 16, 2022 and again on May 4, 2022; and the sign(s) on the site were updated on April 21, 2022 to notify residents of the scheduled public hearings.
At the Planning and Zoning Commission meeting the General Plan Amendment and subsequent rezoning case were presented under one presentation, two residents spoke in opposition to the General Plan Amendment based on the proposed subsequent rezoning case. The two speakers live in the same household and were from the adjacent Canyon Trails community. They expressed concerns with a potential loss of property values and economic impact, safety, parking, traffic, lighting, setbacks from the adjacent developments and the amount of rentals within Canyon Trails.
After public discussion, the Commission voted (5-1) to recommend approval of the proposed Minor General Plan Amendment.
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 May 11, 2022 appeared in the Arizona Republic Southwest Valley Edition April 23, 2022; postcards were mailed to adjoining owners on April 16, 2022 and again on May 4, 2022; and the sign(s) on the site were updated on April 21, 2022 to notify residents of the scheduled public hearings.
At the Planning and Zoning Commission meeting the General Plan Amendment and subsequent rezoning case were presented under one presentation, two residents spoke in opposition to the General Plan Amendment based on the proposed subsequent rezoning case. The two speakers live in the same household and were from the adjacent Canyon Trails community. They expressed concerns with a potential loss of property values and economic impact, safety, parking, traffic, lighting, setbacks from the adjacent developments and the amount of rentals within Canyon Trails.
After public discussion, the Commission voted (5-1) to recommend approval of the proposed Minor General Plan Amendment.