This is a Public Hearing for and consideration of a request to rezone approximately 10.71 acres generally located south of McDowell Road near the 183rd Avenue alignment from 3.34 acres of I-1 (Light Industrial) and 6.63 acres of I-2 (General Industrial) to 10.71 acres of I-2 (General Industrial).

1. ADOPT RESOLUTION NO. 2022-2263 DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS REFERRED TO AN INCORPORATED BY REFERENCE IN ORDINANCE 2022-1552 AND FILED WITH THE CITY CLERK RELATED TO THE REZONING OF APPROXIMATELY 10.71 ACRES TO BE KNOWN AS MCDOWELL AND 183RD.

2. ADOPT ORDINANCE NO. 2022-1552 CONDITIONALLY REZONING APPROXIMATELY 10.71 ACRES OF PROPERTY LOCATED SOUTH OF MCDOWELL ROAD ALONG THE 183RD AVENUE ALIGNMENT TO BE KNOWN AS MCDOWELL AND 183RD; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Guadalupe Ortiz-Cortez, Assistant Planner).

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.

The most recent ordinance re-zoning the Property was Ordinance, 2017-1362, which rezoned the western 3.34 acres of the Property I-1 (Light Industrial) and the eastern 6.63 acres of the Property I-2 (General Industrial).

The 2025 Goodyear General Plan designated the land use for this property as Neighborhood. Although the I-2 zoning district is inconsistent with the Neighborhood Land Use Designation, for the reasons discussed in the section below regarding General Plan consistency, the proposed rezoning is not-inconsistent with the policies of the General Plan, and because the subject property is less than 20 acres, a General Plan Amendment is not required.

The Planning and Zoning Commission considered this item at their regular meeting of August 17, 2022. The Commission unanimously voted to forward a recommendation of approval to the City Council (7-0 vote).

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. As set forth below, the proposed zoning is will not adversely impact the surrounding area and although it is not consistent with the General Plan Land Use Designation, the proposed rezoning is not inconsistent with the General Plan policies and no amendment to the General Plan is required because the affected property is less than 20 acres.
The net increase of I-2 (General Industrial) zoning, within this property, is minimal at 3.34 acres and does not adversely impact the surrounding area. Stipulations of approval limiting dock-doors have been included with the proposed Ordinance.

Details of the Request:
The applicant is requesting a rezoning for the western 3.34 acres of the Property from the I-1 (Light Industrial) zoning district and a rezoning for the eastern 6.63 acres of the Property from the I-2 (General Industrial) to the I-2 (General Industrial) zoning district to facilitate the development of a Penske a vehicle and truck leasing and rental and sales business under the existing city of Goodyear I-2 (General Industrial) Zoning District. The rezoning of the portion of the Property that is already zoned as I-2 is required because the rezoning of the portion of the property currently zoned as I-1 to I-2 is conditioned upon stipulations that apply to the development of the entire property. An I-2 (General Industrial) Zoning District shall be developed under the Employment/Industrial Design Guidelines as outlined in the Goodyear Design Guidelines. Although the intended user of the site is Penske, a rezone would facilitate the development of any I-2 use subject to the stipulations provided in the staff report.

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 subject property is 10.71 acres in size, and is within Neighborhood Land Use Designation under the General Plan. The area was designated Neighborhoods due to the commercial zoning and proximity to Canada Village neighborhood. The I-2 zoning district is inconsistent with the Neighborhood Land Use Designation. However, given the proximity of the property to I-10 and Luke Air Force Base, the industrial zoning category is not inconsistent with General Plan policies, which is why the majority of the property (6.63 acres) was previously allowed to be re-zoned to I-2. A General Plan Amendment is not be required because the property is less than 20 acres in size.
Rezoning the remaining 3.34 acres of the subject property to to I-2 (General Industrial) will allow for flexibility in the site planning process. Without this re-zoning, all of the truck-leasing operations that Penske proposes would be required to locate only on the eastern I-2 portion of the site. As a condition of approval, the proposed stipulations development has to comply with the use limitations and development standards for development within the Luke AFB Accident and High Noise Potential Zones and additional stipulations have been included to limit the amount of dock doors facing McDowell Road or Interstate-10 to a maximum of four and the site prohibit cross-dock warehousing; this will further protect nearby residential (Canada Village is located less than 400 feet to the east) from the impact of cross-dock operations and creates more diversity in architecture from major roadways and freeways.

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

The subject property is undeveloped and 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.
 
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.

A majority of the property is currently zoned I-2 (General Industrial) and the site currently allows for Industrial uses permitted by ARS § 28-8481 as applicable. By rezoning the site to restrict cross-dock uses, the site will be more compatible with the surrounding uses and nearby residential.
Current and future uses and development of the properties surrounding the subject property include:
North – Arizona Water Company Well (MHS), Vacant (MHS), Vacant Arizona State Land Department (AG);
South – Vacant Basin and Interstate-10 (Papago Freeway) (AG);
East – U-Haul (C-2) and Canada Village residential community (MHS);
West – County Land with Rock Operations (County Assessor Zoning: IND-2);

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.

A portion of the site is currently zoned I-2 and the entire site is currently zoned for industrial uses. The site is buffered from an existing and developed multi-family residential zoning district by an existing commercial use to the east and is immediately adjacent an industrial use to the west.

Luke Air Force Base:
A portion of the property is within the Luke Air Force Base Accident Potential Zone (APZ) and the Day-Night Level (DNL). Stipulations have been included subjecting the development of the property within the APZ and DNL to compliance with the use limitations and development standards for development within these zones as set forth in A.R.S. § 28-8481. However, due to the industrial nature of the subject property and proposed uses, base operations will not be adversely impacted by this development.

Phoenix-Goodyear Airport:
The property does not fall within the Phoenix-Goodyear Airport Day Night Level (“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.
Based on the developer’s proposal for a Penske operation, the site could be developed today, however, all of the truck-leasing operations that Penske proposes would be required to locate only on the eastern I-2 portion of the site. Rezoning this property to a single I-2 (General Industrial) zoning district as opposed to a portion being I-2 (General Industrial) and a portion being I-1 (Light Industrial), the property may develop in a manner which allows the applicant to design their site with additional flexibility in mind.

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. However, the site will not generate students as it is industrially zoned today and will remain industrial.

Fire Response:
Emergency response times and distances are provided below:

Nearest Goodyear Fire Station	Shortest path		Longest path			2nd nearest Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles			Mins	Miles	Mins	Miles
#184	9.52	4.76	9.52	4.76		#185	10.42	5.21	10.42	5.21

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 Engineering Department has created stipulations to address traffic issues caused by the development of this property. Those stipulations address improvements to be made to McDowell Road.

Water/Wastewater:
The subject property will be served by aa private water provider and the city of Goodyear for wastewater utilities.

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

The proposed rezoning is within proximity to existing public services. The property owner and/or developer will be responsible for the costs of making the necessary connections to these existing services.
 
8. General public concerns.

Public Participation:
An in-person neighborhood meeting was conducted for this proposal on June 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, those notices were mailed on June 2, 2022; a sign advertising the neighborhood meeting was posted to the site on June 9, 2022. No residents or adjacent property owners were in attendance at the meeting. No formal opposition has since 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 August 17, 2022 appeared in the Arizona Republic Southwest Valley Edition July 29, 2022; postcards were mailed to adjoining owners on July 26, 2022; and the sign(s) on the site were updated on July 26, 2022 to notify residents of the scheduled public hearings.

The Planning and Zoning Commission considered this item at their regular meeting of August 17, 2022. Upon conclusion of the staff presentation, Commissioners unanimously voted (7-0) to forward a recommendation of approval to the City Council. There was no public opposition to the item voiced at the hearing.

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.

As of the writing of this staff report, there have been no other unique factors identified at the pre-application meeting or as part of the first review of the rezoning application.