| AGENDA ITEM #:22-200-00010 DATE: September 14, 2022 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | PUBLIC HEARING TO REZONE APPROXIMATELY 5 ACRES FROM PLANNED AREA DEVELOPMENT (PAD) TO MF-18 WITH “THE LINCOLN AT ESTRELLA FALLS DEVELOPMENT REGULATIONS MF-18 WITH PAD OVERLAY” |
| STAFF PRESENTER(S): | Christian M. Williams, Principal Planner |
OTHER PRESENTER(S):
Ricardo Toris, Earl & Curley
SUMMARY:
This is a Public Hearing for the consideration of a request to rezone approximately five acres generally located northeast of PebbleCreek Parkway and McDowell Road from Planned Area Development (PAD) to MF-18 with “The Lincoln at Estrella Falls PAD Overlay”.
RECOMMENDATION:
- Conduct a public hearing to consider a request to rezone approximately 5 acres of property generally located northeast of PebbleCreek Parkway and McDowell Road from Planned Area Development (PAD) to MF-18 with “The Lincoln at Estrella Falls PAD Overlay (April 2022)”.
- Recommend denial of the request to rezone the property to the Planned Area Development (PAD) Zoning District with an underlying zoning district of MF-18 with a PAD Overlay titled “The Lincoln at Estrella Falls Development Regulations MF-18 with PAD Overlay (April 2022)”; or,
Alternative Actions
- Recommend approval of the request to rezone property to the Planned Area Development (PAD) Zoning District with an underlying zoning district of MF-18 with a PAD Overlay titled “The Lincoln at Estrella Falls Development Regulations MF-18 with PAD Overlay (April 2022)”, as set forth in the draft of Ordinance No. 2022-1549; or,
- Continue the request to rezone the property to the Planned Area Development (PAD) Zoning District with an underlying zoning district of MF-18 with a PAD Overlay titled “The Lincoln at Estrella Falls Development Regulations MF-18 with PAD Overlay (April 2022)” to a future Planning and Zoning Commission public hearing. (Christian M. Williams, Principal 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 subject property is located within the Goodyear Planned Regional Center PAD. The PAD was approved on February 14, 2000 with the adoption of Ordinance No. 00-679. Under the Goodyear Planned Regional Center PAD, the subject property is designated as Mixed Use Commercial and is intended to be developed for commercial uses.
The 2025 Goodyear General Plan designated the land use for this property as Business and Commerce. This land use designation provides areas for the growth and development of the City’s economic base including areas for shopping and entertainment. High density multi-family development may also be considered within this land use category.
The 2025 Goodyear General Plan designated the land use for this property as Business and Commerce. This land use designation provides areas for the growth and development of the City’s economic base including areas for shopping and entertainment. High density multi-family development may also be considered within this land use category.
STAFF ANALYSIS
Current Policy:
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.
Details of the Request:
The applicant is requesting a zoning change from the current PAD with an underlying commercial land use to the MF-18 Multi-Family Residential Zoning District with a Planned Area Development (“PAD”) Overlay. The use of a PAD Overlay is requested because the standards in the MF-18 zoning district do not fit squarely with the applicants plans for a town home style development. The PAD Overlay over the underlying MF-18 (Multi-Family Residential) Zoning District will permit the development of a multi-family development that allows for the development of the types of dwelling units permitted in the MF-12 Multi-Family Residential Zoning District, and will modify certain of the development standards applicable to development within the MF-18 Multi-Family Residential Zoning District . The Multi-Family Design Guidelines as set forth in the City of Goodyear Design Guidelines shall apply to the development of the subject property.
The proposed PAD overlay will modify the MF-18 standards as follows:
Development Standards:
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The PAD Overlay contains standards for setbacks and recreational open space.
Setbacks:
The proposed PAD Overlay reduces side yard setback on the south from 30 feet to 4 feet. The applicant states that this reduction is mitigated by the presence of a 100-foot landscape tract/drainage basin on the south side of the property line, which is owned by The Market at Estrella Falls shopping center. The PAD Overlay also reduces the rear yard setback from 30 feet to 12 feet on the east. The applicant states this deviation will encourage a pedestrian-oriented urban setting because it brings the buildings and the activity center closer to the pedestrians utilizing the Bullard Wash.
Private Outdoor Recreational Open Space:
The proposed PAD Overlay reduces the common recreational open space requirement from 400 square feet per unit to 244 square feet. The applicant states the property is positioned adjacent to the Bullard Wash and the Wash will function like a common amenity for their residents because of both its proximity and the manner in which this site plan embraces the Wash as a community asset.
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:
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. The site is at the eastern entrance drive to a large shopping center and closer to the arterial road than some of the existing businesses.
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
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.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.
8. General public concerns.
9. Whether the amendment promotes orderly growth and development.
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.
Staff Findings:
Staff recommends denial of this zoning case in order to retain the site for a larger retail use, which could benefit and be benefited by direct adjacency and access to Bullard Wash. As discussed above, there is an abundance of residentially zoned property adjacent to Bullard Wash and within the general vicinity. The subject property provides the last opportunity for a deep and wide development to occupy prime space adjacent to this section of Bullard Wash.
Although staff has, in the past, supported zoning cases rezoning property within an area intended to be developed as a shopping center to multi-family, that support was based on criteria that do not exist in this case. For instance, support was provided when the property being rezoned was either at the edge of a shopping center furthest away from a major arterial roadway, was going to be greatly impacted by a freeway frontage road that would limit future access to the site, or was high density residential intended to serve as a transition to adjacent multi-family or single-family (not adjacent to additional commercial). In this case, the property subject to this request is located adjacent to McDowell Road, as good access and is adjacent to existing commercial.
The staff recommendation is for denial of this rezoning request for the reasons as stated herein. However, should the Commission choose to recommend approval of this request, then staff has provided several stipulations of approval as noted within draft Ordinance No. 2022-1549, attached hereto. Or, the Commission may act to continue the request to a future public hearing.
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.
Details of the Request:
The applicant is requesting a zoning change from the current PAD with an underlying commercial land use to the MF-18 Multi-Family Residential Zoning District with a Planned Area Development (“PAD”) Overlay. The use of a PAD Overlay is requested because the standards in the MF-18 zoning district do not fit squarely with the applicants plans for a town home style development. The PAD Overlay over the underlying MF-18 (Multi-Family Residential) Zoning District will permit the development of a multi-family development that allows for the development of the types of dwelling units permitted in the MF-12 Multi-Family Residential Zoning District, and will modify certain of the development standards applicable to development within the MF-18 Multi-Family Residential Zoning District . The Multi-Family Design Guidelines as set forth in the City of Goodyear Design Guidelines shall apply to the development of the subject property.
The proposed PAD overlay will modify the MF-18 standards as follows:
Development Standards:
The PAD Overlay contains standards for setbacks and recreational open space.
Setbacks:
The proposed PAD Overlay reduces side yard setback on the south from 30 feet to 4 feet. The applicant states that this reduction is mitigated by the presence of a 100-foot landscape tract/drainage basin on the south side of the property line, which is owned by The Market at Estrella Falls shopping center. The PAD Overlay also reduces the rear yard setback from 30 feet to 12 feet on the east. The applicant states this deviation will encourage a pedestrian-oriented urban setting because it brings the buildings and the activity center closer to the pedestrians utilizing the Bullard Wash.
Private Outdoor Recreational Open Space:
The proposed PAD Overlay reduces the common recreational open space requirement from 400 square feet per unit to 244 square feet. The applicant states the property is positioned adjacent to the Bullard Wash and the Wash will function like a common amenity for their residents because of both its proximity and the manner in which this site plan embraces the Wash as a community asset.
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 Zoning Ordinance, Section 1-3-1-D requires “consistency with the goals, objectives, policies and future land use map of the city’s General Plan;”
As previously stated herein, the subject property has a General Plan land use designation of ‘Business and Commerce’. The Business & Commerce category “provides areas for the growth and development of Goodyear’s economic base including large areas for shopping and entertainment.” Although High-Density residential uses are included within the Business and Commerce category, so are warehouses and light industrial. Not all uses included within the Business and Commerce category are appropriate and consistent with the General Plan’s goals, objectives in every area that has a Business and Commerce designation in the General Plan.
The Property subject to the rezoning request is currently zoned Final Planned Area Development (PAD) for Goodyear Planned Regional Center to be developed for commercial and is within what is known as Market at Estrella Falls. Substantial commercial development (retail and dining) is occurring within this area. The development of this Property as commercial supports the strong desire of the residents of Goodyear for shopping, dining and entertainment venues.
This desire is expressed throughout Goodyear’s General Plan including discussions about the results of public outreach, strategies, goals, objectives and policies in the General Plan that all center around the desire of the community or the creation of quality shopping, dining, and entertainment experiences. (See Chapter 3 – Summary of Public Outreach Effort) In Chapter 5 of the General Plan, which addresses how Goodyear will physically grow and develop, the General Plan noted this desire stating:
During the public participation process, the need for unique destinations such as arts and cultural centers, entertainment districts, places to shop, and regional recreation facilities was well documented.
Subsequent citizen surveys have repeatedly reinforced the desire of Goodyear’s residents for quality shopping, dining and entertainment.
The following are a few of the references in the General Plan reflecting the importance of having quality entertainment and shopping districts to the community:
· Strategy 1 Create Attractive Places and Diverse Destinations.
By focusing on creating an inviting, people? friendly, and attractive community with diverse destinations, we will create a unique city for all to live, work, visit, and play. Great places will include quality shopping, dining, recreation, and entertainment experience. Diverse destinations include built environments and natural open spaces.
· Land Use
The land use goals in the General plan address the vision and goals for how Goodyear will grow and develop providing goals, objectives and strategies to manage growth and development to provide a mix of land uses that foster a quality community that addresses the needs of existing and future residents.
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.”
The narrative following this goal elaborates on Goodyear’s vision of being “a self?sufficient community with quality jobs to serve residents; services and businesses to meet the daily needs of residents; and destinations to meet the entertainment and recreational needs of residents of Goodyear and surrounding communities.” One of the objectives for achieving this is Objective GD-1-1, is to “[i]Identify appropriate locations for Village Centers in the City to provide the surrounding neighborhoods with a destination for shopping, entertainment, and arts & culture.”
Oddly enough, the development of shopping, entertainment and dining experiences in Goodyear furthers the growth and development objective to reduce Goodyear’s carbon footprint. (Objective GD?9?3). One of the policies identified to achieve this objective was to reduce the number of vehicle miles traveled by bringing quality entertainment, shopping, and dining experiences to Goodyear so residents do not have to travel as far to get to them.
· Economic Development
The development of shopping, entertainment and dining experiences is important to the Economic Development Goals reflected in the General Plan.
Goal ED?5. A destination for tourism in the region and beyond.
One of the objectives for achieving this goal to establish Goodyear as a unique destination (Objective ED?5?1) and one of the policies identified as a means of establishing Goodyear as a unique destination is to:
Establish Goodyear as:
· a destination for regional shopping,
· a destination for higher education,
· a destination for active outdoor activities,
· a destination for family?oriented entertainment,
· the hub of arts and culture in the West Valley.
Goal ED-3: An educated and healthy workforce
The development of entertainment and shopping centers actually supports Economic Development Goal ED-3 of the General Plan of an “educated and healthy workforce.” As noted in potential barriers to achieving this goal, “[r]ecruiting additional skilled workers to live in Goodyear may be challenging until the entertainment, shopping and recreation amenities are more developed.”
As noted above, the Property subject to the rezoning request is currently zoned Final Planned Area Development (PAD) for Goodyear Planned Regional Center to be developed for commercial and is within Market at Estrella Falls. Substantial commercial development is occurring within this area.
The Property subject to this request represents the last opportunity for a large commercial development along the portion of the Bullard Wash that features a large grass park and amphitheater. Civic Square is being developed on the other side of the Bullard Wash. One of the city’s goals for the development of the Bullard Wash amenities and the development within Civic Square that has occurred and is being proposed is to drive and support adjacent shopping, entertainment and dining venues. Rezoning this Property to residential for a townhouse style development thwarts those goals and the desires of the community for more shopping, entertainment and dining venues and does nothing to further any of the goals of the General Plan as there is already an abundance of residentially zoned property adjacent to Bullard Wash.
As previously stated herein, the subject property has a General Plan land use designation of ‘Business and Commerce’. The Business & Commerce category “provides areas for the growth and development of Goodyear’s economic base including large areas for shopping and entertainment.” Although High-Density residential uses are included within the Business and Commerce category, so are warehouses and light industrial. Not all uses included within the Business and Commerce category are appropriate and consistent with the General Plan’s goals, objectives in every area that has a Business and Commerce designation in the General Plan.
The Property subject to the rezoning request is currently zoned Final Planned Area Development (PAD) for Goodyear Planned Regional Center to be developed for commercial and is within what is known as Market at Estrella Falls. Substantial commercial development (retail and dining) is occurring within this area. The development of this Property as commercial supports the strong desire of the residents of Goodyear for shopping, dining and entertainment venues.
This desire is expressed throughout Goodyear’s General Plan including discussions about the results of public outreach, strategies, goals, objectives and policies in the General Plan that all center around the desire of the community or the creation of quality shopping, dining, and entertainment experiences. (See Chapter 3 – Summary of Public Outreach Effort) In Chapter 5 of the General Plan, which addresses how Goodyear will physically grow and develop, the General Plan noted this desire stating:
During the public participation process, the need for unique destinations such as arts and cultural centers, entertainment districts, places to shop, and regional recreation facilities was well documented.
Subsequent citizen surveys have repeatedly reinforced the desire of Goodyear’s residents for quality shopping, dining and entertainment.
The following are a few of the references in the General Plan reflecting the importance of having quality entertainment and shopping districts to the community:
· Strategy 1 Create Attractive Places and Diverse Destinations.
By focusing on creating an inviting, people? friendly, and attractive community with diverse destinations, we will create a unique city for all to live, work, visit, and play. Great places will include quality shopping, dining, recreation, and entertainment experience. Diverse destinations include built environments and natural open spaces.
· Land Use
The land use goals in the General plan address the vision and goals for how Goodyear will grow and develop providing goals, objectives and strategies to manage growth and development to provide a mix of land uses that foster a quality community that addresses the needs of existing and future residents.
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.”
The narrative following this goal elaborates on Goodyear’s vision of being “a self?sufficient community with quality jobs to serve residents; services and businesses to meet the daily needs of residents; and destinations to meet the entertainment and recreational needs of residents of Goodyear and surrounding communities.” One of the objectives for achieving this is Objective GD-1-1, is to “[i]Identify appropriate locations for Village Centers in the City to provide the surrounding neighborhoods with a destination for shopping, entertainment, and arts & culture.”
Oddly enough, the development of shopping, entertainment and dining experiences in Goodyear furthers the growth and development objective to reduce Goodyear’s carbon footprint. (Objective GD?9?3). One of the policies identified to achieve this objective was to reduce the number of vehicle miles traveled by bringing quality entertainment, shopping, and dining experiences to Goodyear so residents do not have to travel as far to get to them.
· Economic Development
The development of shopping, entertainment and dining experiences is important to the Economic Development Goals reflected in the General Plan.
Goal ED?5. A destination for tourism in the region and beyond.
One of the objectives for achieving this goal to establish Goodyear as a unique destination (Objective ED?5?1) and one of the policies identified as a means of establishing Goodyear as a unique destination is to:
Establish Goodyear as:
· a destination for regional shopping,
· a destination for higher education,
· a destination for active outdoor activities,
· a destination for family?oriented entertainment,
· the hub of arts and culture in the West Valley.
Goal ED-3: An educated and healthy workforce
The development of entertainment and shopping centers actually supports Economic Development Goal ED-3 of the General Plan of an “educated and healthy workforce.” As noted in potential barriers to achieving this goal, “[r]ecruiting additional skilled workers to live in Goodyear may be challenging until the entertainment, shopping and recreation amenities are more developed.”
As noted above, the Property subject to the rezoning request is currently zoned Final Planned Area Development (PAD) for Goodyear Planned Regional Center to be developed for commercial and is within Market at Estrella Falls. Substantial commercial development is occurring within this area.
The Property subject to this request represents the last opportunity for a large commercial development along the portion of the Bullard Wash that features a large grass park and amphitheater. Civic Square is being developed on the other side of the Bullard Wash. One of the city’s goals for the development of the Bullard Wash amenities and the development within Civic Square that has occurred and is being proposed is to drive and support adjacent shopping, entertainment and dining venues. Rezoning this Property to residential for a townhouse style development thwarts those goals and the desires of the community for more shopping, entertainment and dining venues and does nothing to further any of the goals of the General Plan as there is already an abundance of residentially zoned property adjacent to Bullard Wash.
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. The site is at the eastern entrance drive to a large shopping center and closer to the arterial road than some of the existing businesses.
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 – Staples within The Market at Estrella Falls;
South – drainage basin within The Market at Estrella Falls, McDowell Road and vacant property;
East –Bullard Wash and Park, and Goodyear Civic Square;
West – Burger King and Goodyear Modern Dentistry within The Market at Estrella Falls.
The proposed MF-18 zoning district is allowed within the General Plan Land Use Category of ‘Business and Commerce’. However, the proposed use is within an existing shopping center that will be surrounded on two sides by commercial and directly across from future commercial uses on the opposite side of the Bullard Wash. No residential exists within proximity to this use that would allow this development to be considered a transition between single-family and commercial.
North – Staples within The Market at Estrella Falls;
South – drainage basin within The Market at Estrella Falls, McDowell Road and vacant property;
East –Bullard Wash and Park, and Goodyear Civic Square;
West – Burger King and Goodyear Modern Dentistry within The Market at Estrella Falls.
The proposed MF-18 zoning district is allowed within the General Plan Land Use Category of ‘Business and Commerce’. However, the proposed use is within an existing shopping center that will be surrounded on two sides by commercial and directly across from future commercial uses on the opposite side of the Bullard Wash. No residential exists within proximity to this use that would allow this development to be considered a transition between single-family and commercial.
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 but is located within the traffic pattern airspace for the airport.
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.
Staff disagrees with applicant’s position that there is demand in Goodyear for additional rental residential. There is an abundance of property zoned for multi-family residential development adjacent to Bullard Wash and within the general vicinity, and the location of the property makes it more suitable for commercial development.
The property is situated within close proximity to McDowell Road, is located at the main entrance to a large shopping center, within an established shopping center, and is the last large opportunity for a larger retailer within Estrella Falls. No other large retail site exists along the Bullard Wash of the size and scale as this parcel. Staff supports retaining the currently zoning for the property, which requires that the property be developed for commercial uses.
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 but is located within the traffic pattern airspace for the airport.
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.
Staff disagrees with applicant’s position that there is demand in Goodyear for additional rental residential. There is an abundance of property zoned for multi-family residential development adjacent to Bullard Wash and within the general vicinity, and the location of the property makes it more suitable for commercial development.
The property is situated within close proximity to McDowell Road, is located at the main entrance to a large shopping center, within an established shopping center, and is the last large opportunity for a larger retailer within Estrella Falls. No other large retail site exists along the Bullard Wash of the size and scale as this parcel. Staff supports retaining the currently zoning for the property, which requires that the property be developed for commercial 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 Litchfield 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:
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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 access drives which lead to McDowell Road and PebbleCreek Parkway.
Water/Wastewater:
The subject property will be served by Liberty Utilities for water and wastewater.
The subject property is located within the Litchfield 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 access drives which lead to McDowell Road and PebbleCreek Parkway.
Water/Wastewater:
The subject property will be served by Liberty Utilities 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 adequate vehicular capacity. Water and sewer service will be provided by Liberty Utilities.
8. General public concerns.
Public Participation:
A Notice of Application was mailed to all owners within 500 feet of the property on June 28, 2022.
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 September 14, 2022 appeared in the Arizona Republic Southwest Valley Edition August 26, 2022; postcards were mailed to adjoining owners on August 27, 2022; and signs were posted on the site on August 24, 2022.
A Notice of Application was mailed to all owners within 500 feet of the property on June 28, 2022.
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 September 14, 2022 appeared in the Arizona Republic Southwest Valley Edition August 26, 2022; postcards were mailed to adjoining owners on August 27, 2022; and signs were posted on the site on August 24, 2022.
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 public services and infrastructure. The proposed development is not being proposed as a transition between commercial and residential uses, it is directly adjacent to commercial development. There is already a substantial amount of housing product developed or being developed along Bullard Wash and within the general vicinity of the mall site that is being developed as rental units, build-to-rent and lower density residential. Given the abundance of this product that is or will be available, there is simply no need for more of the same. Staff does not support residential being located between McDowell Road and the existing The Market at Estrella Falls. Staff recommends retaining the commercial zoning for this large site located along the Bullard Wash.
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 the largest commercially zoned property immediately adjacent to the Bullard Wash that can be developed. The requested rezoning of this parcel, with ready access to McDowell Road and the Bullard Wash, would forgo future opportunities for unique commercial uses on the property that could benefit from Wash access and adjacency to nearby public uses.
Staff Findings:
Staff recommends denial of this zoning case in order to retain the site for a larger retail use, which could benefit and be benefited by direct adjacency and access to Bullard Wash. As discussed above, there is an abundance of residentially zoned property adjacent to Bullard Wash and within the general vicinity. The subject property provides the last opportunity for a deep and wide development to occupy prime space adjacent to this section of Bullard Wash.
Although staff has, in the past, supported zoning cases rezoning property within an area intended to be developed as a shopping center to multi-family, that support was based on criteria that do not exist in this case. For instance, support was provided when the property being rezoned was either at the edge of a shopping center furthest away from a major arterial roadway, was going to be greatly impacted by a freeway frontage road that would limit future access to the site, or was high density residential intended to serve as a transition to adjacent multi-family or single-family (not adjacent to additional commercial). In this case, the property subject to this request is located adjacent to McDowell Road, as good access and is adjacent to existing commercial.
The staff recommendation is for denial of this rezoning request for the reasons as stated herein. However, should the Commission choose to recommend approval of this request, then staff has provided several stipulations of approval as noted within draft Ordinance No. 2022-1549, attached hereto. Or, the Commission may act to continue the request to a future public hearing.