The applicant is requesting a zoning change from the current Planned Area Development (PAD) with an underlying land use designation of hospitality, retail and entertainment to a PAD Zoning District with an underlying zoning district of C-2 (Commercial) for the western 9.8 acres of the site and MF-24 (Multi-family) for the 17.6 eastern acres of the site with a PAD Overlay to facilitate the development of a horizontal mixed-use commercial and multi-family development.  As currently envisioned, the Property will include a hotel site, commercial/retail areas and traditional garden style apartment buildings. The use of a PAD Overlay is justified as the current development standards for the C-2 and MF-24 zoning districts do not independently address some of the unique circumstances found within a horizontally mixed-use development which will include increased density, Master Site Planning, pedestrian connectivity, the desire to restrict certain less-compatible commercial uses as well as allowing other commercial uses by right.

The proposed PAD Overlay will modify the C-2 standards as follows:

Prohibited C-2 (General Commercial) Uses:

In order to provide for a high-quality mixed-use commercial and residential development, support the increased residential density, provide for opportunities for walkable retail and remove non-desirable and non-compatible uses, the developer has agreed to restrict the following uses: Adult bookstore; adult novelty store and adult theater; Pawn shop; Non-Chartered Financial Institution; Establishments that allow for the on-premise consumption of tobacco products, including cigarettes, cigars, and e-cigarettes or other vaping products; Any retail establishment that either devotes twenty (20) percent or more of floor area or display area to, or derives seventy-five (75) percent or more of gross sales receipts from, the sale or exchange of tobacco products including cigarettes, cigars and e-cigarettes or vaping products; Convenience Storage, Mini-Storage or Recreational Vehicle Storage; Automotive repair and upholstering; Service Stations and Automotive Convenience Uses; Car Wash; Tire Repair, Oil Change (Lube) Shop; Standalone drive-thru restaurants or standalone convenience uses, except as otherwise provided Additional Permitted C-2 (General Commercial Uses).

Additional Permitted C-2 (General Commercial) Uses:

The development will allow for a maximum of one (1) stand-alone drive thru restaurant in the north half of the property so long as it has a minimum 250 square foot patio. Additionally, drive-thru restaurants that are attached to or a part of a multi-tenant shops building or connected to a shops building via a plaza, trellis or roofline are permitted. This provides certainty that the development will not become a row of multiple fast-food restaurants and provides certainty that if a single-drive thru is built it will be accompanied by outdoor seating and if more than 1 drive-thru is constructed it shall be accompanied by shop buildings, thus providing an incentive to create spaces for additional retail and restaurants that are not a drive-thru. The drive-thru must also be designed creatively based on the language within this zoning and include pedestrian connections, plaza spaces, etc.

The proposed PAD overlay will modify the MF-24 standards as follows:

The Development Standards for MF-24 Multi-family Residential Zoning District shall apply to this Property, except as modified below:

(1) Private outdoor open space is that portion of the unit devoted to outdoor recreational use by the individual resident(s) of the unit or lot. This area is provided in addition to the recreational open space. Private outdoor open space shall be provided in the form of private yards, patios, or balconies. The minimum length and the minimum width of patios and balconies shall be five (5) feet.
(2) The parking requirements applicable to Multi-Family set forth in Article 6 of the Goodyear Zoning Ordinance shall apply to any multi-family community within Ballpark Village North – MF-24. The reduced Minimum Parking Standards for Multi-Family set forth above shall apply if a parking plan addressing parking management is approved by the Director of Development Services or designee. If a parking plan is approved and the reduced standards apply, the Owner(s) of the multi-family development within Ballpark Village North shall be jointly and severally responsible for ensuring compliance with all terms of the approved parking management plan and the failure to do so constitutes a zoning violation. 

Density:

The proposed PAD includes an increase in maximum density up to 35 units per acre to provide residential in close proximity and walking distance to retail; within a mixed-use setting. The proposed increased density is within a mixed-use development that is close to the intersection of the two arterial streets, adjacent to the planned commercial center, within walking distance of existing retail and an existing mixed-use development, within a Village Center Overlay and within the Transit Oriented Development Overlay.  The City of Goodyear’s General Plan encourages the development of mixed-use projects with greater intensity and residential density than would otherwise be permitted. With the adjacent existing multi-family housing, planned multi-family housing in the vicinity, and the new multi-family units at Ballpark Village North; the commercial uses within this development and surrounding the Goodyear Ballpark will have a larger trade area of customers, within walking distance, to support retail.

The MF-24 Property will be fully amenitized as described in the PAD Overlay.  If the MF-24 Property is developed as two or more separate multi-family communities, the amenities identified in the PAD Overlay or amenities of commensurate quality shall be provided for or made available to all residents residing within each multi-family community developed within the MF-24.  The Property will be brought “to the street” to enhance the pedestrian experience for residents and others in the area. The landscaping, pathways, and building designs, as described within the PAD Overlay.

Height:

The proposed PAD modifies the maximum height in the MF-24 standard from 40 feet to 60 feet to allow development of a more urban, pedestrian-friendly product.  The proposed 60 feet is significantly less than the heights allowed under the current zoning, which allows buildings on the eastern portion of the Property to be up to 78 feet high and building on the western portion of the Property to be up 150 feet high.  The proposed height will allow an appropriate transition from the commercial development on the Property to the existing apartments to the north and east of the site.

Internal Setbacks:

Side and rear setbacks of the multi-family parcel may be reduced to 15 feet as they are not adjacent to a street and are internal to the Ballpark Village North development of which a Master Site Plan must be received with the first Site Plan submittal.

Parking:

The proposed PAD Overlay allows for the use of tandem parking in a multi-family/apartment setting to provide some garage parking stalls for residents and to reduce the outdoor parking footprint on the Property.  This parking, will be available only for vehicles from the same apartment unit.

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.
• If a Parking Plan addressing parking management is submitted and approved by the Director of Development Services or designee, the reduced parking standards set forth in the table above shall apply.

These minor deviations from the zoning ordinance, create an opportunity for a larger amenity/outdoor common space for residents’ use. Additionally, due to the mixed-use nature of the development, the applicant anticipates that other modes of transportation will be used to access nearby commercial amenities. Further, the site is located within a Transit Oriented Development Overlay, thus multi-modal transportation is encouraged for the area and with this development, given the proximity of future and existing commercial, employment and entertainment uses in the area.

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 Ballpark Village North, the minimum aggregate overall size of the yard, patio, or balcony may be reduced below 60 square feet to a minimum of 40 square feet.

In order to promote additional connectivity and resident access to adjacent commercial centers, recreational open space and the Maricopa Trail, all ground floor patios adjacent to Yuma Road, Goodyear Boulevard East and Goodyear Boulevard North will have gates that lead from their private open spaces to a minimum of six (6) pedestrian connections to the adjacent public sidewalks of Major pedestrian connections. This will allow residents to gain access to the surrounding commercial and recreational opportunities. The residential portions of the development are also within 1/8th – 1/4th of a miles walk to and from the 40-acre Goodyear Recreation Campus; and will be in close proximity to the plaza and commercial amenities found within the commercial portion of this development. The development will also complete the Maricopa Trail along the projects frontage of Yuma Road which will allow residents access to the Bullard Wash Trail.

This zoning case will increase the minimum Residential Open Space from a minimum of 400 square feet per unit to 440 square feet per unit. The look and feel of the projects and the extensive amenities, detailed in the Amenities section of the Narrative, will provide opportunities for residents to enjoy outdoor spaces.

Maricopa Trail:

In order to justify the smaller outdoor spaces, and to provide a beneficial amenity for residents, the developer of Ballpark Village North (“applicant”) agrees to construct the segment of the Maricopa Trail adjacent to Ballpark Village North. A path/trail along Yuma Road, which shall be part of the Maricopa Trail, that consists of a minimum of an 8-foot concrete sidewalk with 2-feet of compacted decomposed granite on both sides of the concrete sidewalk (which are level with the concrete sidewalk) and that shall be setback a minimum of 12 feet from the curb of Yuma Road following the completion of the Yuma Road Improvements. This trail will ultimately connect from Desert Edge High School (the City of Goodyear City Center NW Site) to the Bullard Wash when the adjacent owners complete their sections of Yuma Road.

The PAD Overlay also requires additional design enhancements for all buildings on site, requires multiple pedestrian connections between the commercial and multi-family developments, requires a major plaza to be developed, ensure there is street engagement and views into the community and requires a minimum level of amenities to be provided.

The developer is also required to construct a Ballpark Village Gateway Monument at the northeast corner of Estrella Parkway 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. Additionally, the theme for the mural is encouraged to utilize the Goodyear City Center Northeast theme of “Wind”.

1. Consistency with the General Plan.

The applicant’s proposal for a walkable, pedestrian-friendly, mixed-use development advances several policies of the City of Goodyear General Plan and Village Center Overlay. The high-density residential component supports the commercial element of the proposal, and other development in the area, including the 10,000+ seat Goodyear Ballpark. Below is a summary documenting consistency of the project with the General Plan.

Objective CC?5?1. 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.

Physical Growth and Development
Goal GD?1 - A compatible mix of land uses that fosters a quality community, with livable and safe neighborhoods, a healthy population, a strong economy, and a sustainable environment.

Policies: (b) Provide for and encourage a wide variety of housing products to suit the needs of existing and future residents; (f) High density residential should locate near commercial uses.

The proposed development should complement existing uses in the area.  A United States Post Office is on the north side of Hadley Street adjacent to the project site.  Across Goodyear Boulevard North, north and northeast of the site, is the Serafina Apartments development within Centerra. The Lunaire Apartments are on the east side of Goodyear Boulevard East within Centerra.  The parcels on the other three corners of the Yuma Road and Estrella Parkway intersection are in various stages of planning for development.

The proposed rezone is compatible with the ultimate vision for the area. High quality, diverse developments, such as the proposed project, help the city improve quality of life and promote economic healthy communities. This mixed-use development provides a logical transition of land uses from a commercial intersection to existing multi-family residential in the area.  In addition, residents of the high-density residential component of the project will be within a short walk or bike ride away from commercial opportunities provided by the project as well as recreational amenities which are existing in the immediate area.

Physical Growth and Development
Goal GD-2 – Effectively managed and well-distributed growth that meets or exceeds the quality of existing development and addresses the needs of existing and future residents and businesses.

Objective GD-2-3. Redevelop, revitalize, or enhance Goodyear’s older areas. 

Policies: (b) Encourage infill development with the Transit Oriented Development Overlay to increase density within this area to support an efficient transit system.

The proposed project will develop a vacant parcel within Ballpark Village, a key development area for the City.  The Property falls within the Transit Oriented Development (TOD) Overlay; the City of Goodyear General Plan encourages the development of mixed-use projects with greater intensity and residential density than would otherwise be permitted. More specifically, standards 56 and 58 specifically encourage the development of mixed-use projects anywhere within the TOD. The proposed project fuels development in an area specifically identified for growth and does so with a level of intensity and mix of complementary uses envisioned by the City of Goodyear.

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

Objective CC-2-1. Provide diverse and quality housing products.
Policy: (a) Encourage a mix of quality and compatible housing types consistent with market trends and demand that adequately meets the needs of current and prospective residents and workers.

The high-density residential component of the proposed project will provide the City of Goodyear with much-needed multi-family housing inventory. Highly-amenitized leased housing options are an essential component to provide housing for an expanding employment base.

Although the City of Goodyear has a substantial stock of single-family housing and apartments which are not a part of a mixed-use development, the proposed project addresses this need, providing high-quality, urban-designed residences for prospective employees in the market for leased housing. 

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

The Property’s physical and natural features are perfectly suited for the proposed uses. The Property has no major topographical features that limit its development potential.

 
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 – United States Post Office and Centerra master planned community (multi-family);
South – Fulton Homes at Ballpark Village master-planned community (vacant);
East – Centerra master planned community (multi-family);
West – United States Post Office and vacant City-owned City Center NW Property;

The proposal is very compatible with the surrounding area because it is an extension of Ballpark Village, which anticipates greater densities and intensity of land uses.  A high-quality development like this will support existing property values because of the amenities and offerings it provides. All required improvements will be constructed with this project, as required. 

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.

Over the past decade, the City of Goodyear has welcomed new, exciting developments at a rapid pace.  Unfortunately, this large, infill Property has continued to remain vacant for decades.  In recognition of the area’s planned developments, surrounding demographics, and evolving retail patterns, the applicant has re-envisioned the Property as a blend of commercial and multi-family uses that creates synergy to support one another.

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:

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 Estrella Parkway and Yuma Road. The Engineering Department has created stipulations to address traffic requirements applicable to this development; specifically, Estrella Parkway will be widened and improved, Yuma Road will be widened and improved, Goodyear Boulevard North will be completed and Goodyear Boulevard East will be completed.

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 scenic 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:

A virtual 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 March 12, 2022; signs advertising the Neighborhood Meeting were placed on the site on March 15, 2022. The Neighborhood Meeting took place on March 30, 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 May 11, 2022 appeared in the Arizona Republic Southwest Valley Edition April 22, 2022; postcards were mailed to adjoining owners on April 16, 2022; and signs were posted on the site on April 21, 2022.

On May 11, 2022, the Planning and Zoning Commission held a public hearing for this item. No objection was received from the public during the public hearing. The Planning and Zoning Commission voted (6-0) to recommend approval of the proposed rezoning with stipulations, as reflected within the attached Ordinance.

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.