Andrew Yancey, Bergin, Frakes, Smalley & Oberholtzer (BFSO)

Public Hearing for and consideration of a PAD Amendment to the Montecito Planned Area Development modifying the zoning district of four parcels (9.7, 9.18, 9.21, and 9.42) and modification to stipulation #6 of the prior Ordinance (2018-1380).

1. ADOPT RESOLUTION NO. 2022-2251, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS REFERRED TO AND INCORPORATED BY REFERENCE IN ORDINANCE 2022-1544 AND FILED WITH THE CITY CLERK RELATED TO THE REZONING OF THE PROPERTY KNOWN AS MONTECITO 2.

2. ADOPT ORDINANCE NO. 2022-1544, CONDITIONALLY REZONING APPROXIMATELY 1,327 ACRES OF PROPERTY GENERALLY LOCATED NORTHWEST OF WILLIS ROAD BETWEEN ESTRELLA PARKWAY AND RAINBOW VALLEY ROAD; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR, PROVIDING FOR NON-ABRIDGMENT, CORRECTIONS, SEVERABILITY AND PENALTIES; PROVIDING FOR AN EFFECTIVE DATE AND REQUIRING THE RECORDATION OF THIS ORDINANCE. (Alex Lestinsky, Senior 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 current zoning of the property is Planned Area Development (PAD), under the Montecito PAD, adopted by Council on January 22, 2018 by Ordinance No. 2018-1380. A history of zoning actions by Ordinance Number and a brief description of the action is listed below:

• 88-257 – Created the Estrella Phase II PAD
• 03-864 – Approximately 156 acres rezoned from Single Family within Estrella Phase II PAD to Employment Zoning District and Public Facilities District (PFD).
• 04-917 – Approximately 1,317 acres were rezoned to create the Estrella Mountain Ranch (EMR) Villages VII and IX PAD amendment of the Estrella Phase II PAD
• 08-1114 – Approximately 512 acres were rezoned to create the Montecito Phase 3 PAD Amendment of the Villages VII and IX PAD.
• 14-1295 – A modification to the number of units allowed in parcels 7.1, 9.8, and 9.9 and reducing the setback in parcels 9.8 and 9.9
• 17-1339 – A modification to the density requirements of parcel 7.5
• 2018-1380 – PAD Amendment to replace the Villages VII and IX PAD and the Montecito Phase 3 PAD as to the rezoned property, establishing the Montecito PAD Amendment Regulatory Standards Booklet

Current Policy:
An amendment to a PAD requires review by the Planning and Zoning Commission and final decision by the City Council through the public hearing process. The amendment must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance.

Details of the Request:
The proposed amendment to the Montecito PAD modifies the zoning designation for four parcels within the Montecito PAD. The four parcels are currently designated as SFD-60 and of those, three are proposed as the SFD/A designation which allows single-family detached and attached residential lots, the fourth parcel is proposed as SFD-50 which allows single-family detached lots. The SFD/A and SFD-50 district standards were originally approved in the 2018 Montecito PAD Amendment.  

This update does not change the development standards applicable to the SFD/A and SFD-50 residential zoning categories that were approved in 2018. However, in response to concerns raised during the neighborhood meeting, the property owner agreed to certain modifications to the development standards as applied to the three parcels that were being designated as SFD/A (Parcels 9.18, 9.21, and 9.42). Specifically, the property owner agreed that only single family detached homes would be constructed within these parcels, and the owner agreed that lots within these parcels would have minimum width of 47 feet, a minimum depth of 110 feet and buildings within these parcels would be no more than two stories and would be no more than 30 feet in height. 

The proposed amendment to the Montecito PAD modifies the four parcels and restates the currently applicable development standards for the PAD in the Montecito Planned Area Development Amendment Regulatory Standards Booklet dated May 2022. Stipulations have been included in the rezoning ordinance to reflect the limitations regarding the development of Parcels 9.18, 9.21, and 9.42 agreed to by the property owner as set forth above.

In addition to the modification of the four parcels, the applicant also wishes to modify stipulation #6 of Ordinance No. 2018-1380 regarding the development of the Parcel 9.23 as a park site. Stipulation #6 states: “Park and open spaces area, including the parks adjacent to the designated school sites, shall be improved in conjunction with the construction of infrastructure of the parcels by the developer. Park and open spaces areas, except for those areas (if any) that are conveyed to the City or school district, shall be privately owned and maintained by the Homeowners Associations”. At this time, the surrounding parcels are not fully constructed, so the park has not yet been constructed. The developer in conjunction with the Villages Community Association (HOA) has requested that the development of the park be delayed for two primary reasons:

1. Safety/visibility of the park – As this parcel is in a remote location, the park and its structures would be at high risk for graffiti and other types of vandalism, including damage and defacement of park equipment, benches and lighting, as well as the dumping of trash and other debris, resulting in additional costs for manned park patrols and repair and replacements of damaged equipment and structures.
2. Financial burden on the HOA/residents – the Board and Budget finance committee have discussed the financial implications of developing the park without enough homes occupied and paying association dues to help support the maintenance costs.  

A letter from the Villages Community Association was provided as an exhibit to this report. The applicant is proposing to modify the stipulation to ensure enough surrounding development has occurred for the park to be viable with an additional 300-500 homes to be constructed and occupied in order to support the park construction and maintenance. The revised stipulation will require that the park that is to be developed within Parcel 9.23 be constructed when vertical construction commences in connection with the recordation of the final plat subdividing all or part of the Property that includes the 351st lot created by all final plats recorded after the date this Ordinance is adopted. (For example, if a final plat is recorded for Parcel 9.40 creating 105 lots followed by the recordation of a final plat for parcel 9.17, creating 184 lots and then a final plat for Parcel 9.42 is recorded creating 150 lots, the recordation of the final plat for Parcel 9.42 will trigger the obligation to construct the park in Parcel 9.23 because it will include the 350th lot (105 + 184 + 150 = 439)). This revision provides the “breathing room” the HOA has requested.

STAFF EVALUATION:  
Staff finds the request to amend the residential district designation for the four proposed parcels to be in conformance with the General Plan. This proposal does not change the intended use of the properties and does not significantly change the overall proposed density of this area of Montecito. Stipulation #5 of the 2018 ordinance set a maximum number of units within Montecito at 3,634. With this proposal, that stipulation is not changing and the maximum number of units will remain at 3,634 (stipulation #5). The table below shows the comparison of development standards for the existing parcels and their proposed changes.

Zone	SFD-60 (existing)	SFD/A (proposed)	SFD-50 (proposed)
	Parcels 9.18, 9.21, 9.42, 9.7	Parcels 9.18, 9.21, and 9.42	Parcel 9.7
Permitted Principal Uses	Single Family Detached	Single Family Detached	Single Family Detached; Zero Lot; Alley Loaded
Minimum Lot Width	60 ft.	47 ft.	50 ft.
Minimum Lot Depth	120 ft.	110 ft.	90 ft.
Maximum Height	30 ft. (2 stories)	30 ft. (2 stories)	30 ft. (2 stories)
Max. Building Coverage	60%	75%	75%
Min. Front Yard Setback	18 ft.	18 ft.	18 ft.
Min. Side Yard Setback	5 ft.	5 ft.	5 ft.
Min. Rear Yard Setback	15 ft.	10 ft.	10 ft.

Evaluation Criteria:

1. Consistency with the General Plan.

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

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

• North – West Calistoga Drive, Existing Montecito residential subdivisions
• East – Exiting and under constructions Montecito residential subdivisions 
• South – Future Montecito residential subdivisions, Rainbow Valley Wastewater Reclamation Facility
• West – Future Montecito residential subdivisions, Rainbow Valley Road

4. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning.

5. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand.

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

Nearest Goodyear Fire Station	Shortest path		Longest path		2nd Nearest Goodyear Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles		Mins	Miles	Mins	Miles
#186	1.56	0.78	5.66	2.83	#182	5.12	2.56	11.44	5.72

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’s 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.

RECOMMENDATION:
Staff finds that the proposed Montecito PAD is consistent with the subject property’s Neighborhood land use designation in the Goodyear 2025 General Plan and will be compatible with the surrounding area. Staff is recommending approval of the proposed update to the Montecito PAD document. The Planning and Zoning Commission recommended approval of the PAD amendment (7-0) on August 17, 2022.