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ITEM #: 4.
DATE: 09/26/2022

AI #:1059
CITY COUNCIL ACTION REPORT
 
SUBJECT: PUBLIC HEARING TO REZONE APPROXIMATELY 51.24 ACRES FROM PLANNED AREA DEVELOPMENT (PAD) TO MF-18 WITH THE VLUX AT BALLPARK VILLAGE DEVELOPMENT REGULATIONS MF-18 WITH PAD OVERLAY
 
STAFF PRESENTER(S): Christian M. Williams, Principal Planner

SUMMARY

This is a Public Hearing for and consideration of a request to rezone approximately 51.24 acres generally located at Bullard Avenue and Yuma Road from Planned Area Development (PAD) to MF-18 with the VLUX at Ballpark Village PAD Overlay.

Recommendation

1. ADOPT RESOLUTION NO. 2022-2267, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS REFERRED TO AND INCORPORATED BY REFERENCE IN ORDINANCE 2022-1556 FILED WITH THE CITY CLERK RELATED TO THE REZONING CASE FOR – VLUX AT BALLPARK VILLAGE.

2. ADOPT ORDINANCE NO. 2022-1556, CONDITIONALLY REZONING APPROXIMATELY 51.24 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ESTRELLA PARKWAY AND YUMA ROAD TO BE KNOWN VLUX AT BALLPARK VILLAGE; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGEMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THE ATTACHED ORDINANCE. (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 current zoning for this property is Goodyear City Center Southwest Planned Area Development (PAD) as established in 2008 through Ordinance No. 08-1120. The underlying land use designation for the property is Residential and Retail.

In 2021, the General Plan land use designation for the Property was amended by Resolution No. 2021-2198 from ‘City Center’ to ‘Neighborhood’. The ‘Neighborhood’ category provides areas for the growth and development of neighborhoods that include a wide range of densities and housing products, public and community facilities such as schools and places of worship, and commercial uses at appropriate intensities and locations. The property is also located within the Village Center Overlay and Transit Oriented Development Overlay as established in the General Plan.

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 Planned Area Development (PAD) with an underlying land use designation of residential and retail to a PAD zoning district with an underlying zoning district of MF-18 with a PAD Overlay to facilitate the development of a multi-family development that will include product types that are allowed in the MF-12 Multi-Family Residential Zoning District but not in the MF-18 Multi-Family Residential Zoning District. As currently envisioned, the Property will include stacked-flat style buildings, townhouse style apartments and cottage style apartments. The use of a PAD Overlay is requested as the current development standards for the MF-18 zoning district do not contemplate a property providing multiple product types within a single development. Modifications requested through the PAD Overlay include the following:

Density:
To be compatible with the General Plan Neighborhood Land Use Designation and Village Center Overlay, the proposed PAD overlay requires a minimum density of 14 units per acre for the portion of the Property that is north of Papago Street alignment with a maximum density of 18 units per acre.

Development Standards:
The development standards applicable to the Multi-Family Residential (MF-18) zoning district will apply to the development of the Property except as modified by the PAD Overlay.

Because of the difference in building styles, different design guidelines will apply based on the nature of the building. The design guidelines applicable to Multi-Family Residential will apply to all buildings within the Property; but the additional design guidelines applicable to development within the MF-12 zoning district will also apply to certain styles of residential buildings.

Internal Setback:
If a future property line is provided internal to the VLUX at Ballpark Village project, thereby splitting the overall project into two or more parcels, a setback requirement from that internal property line shall be 20 feet on either side of the parcel line.

Tandem Parking:
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 parking spaces within each tandem parking space shall be reserved to the same dwelling unit.
• A Parking Plan addressing parking management shall be submitted and approved with the Site Plan.  All parking shall adhere to the approved Parking Plan.

By allowing for tandem parking wherein space for a vehicle is provided in a garage and then another space is provided outside that garage on the driveway/apron, there are opportunities to reduce surface parking and allow more flexibility in unit types and increased densities. This is a similar request to other multi-family developments located within Village Center Overlay Districts and Transit Oriented Development Overlay Districts.

Minimum Sidewalk Width:
The minimum width of private sidewalks within VLUX at Ballpark Village may be four feet. As part of the Site Plan review, the applicant shall demonstrate to the satisfaction of the City that sidewalks of this reduced width occur in areas with limited pedestrian traffic and do not affect ADA requirements.

A multi-family community made up of numerous buildings and amenities on approximately 50 net acres, such as that proposed for VLUX at Ballpark Village, is crisscrossed by various sidewalks linking all those buildings and amenities to one another. By the nature of the design and layout, some sidewalks will only serve one or a few residential buildings and will carry limited pedestrian traffic. A reduction in sidewalk width, even a minimal one such as that proposed, allows for a reduction in impervious surfaces with a commensurate increase in landscape areas reducing the “heat island” effect. As part of the above language, the developer still has to demonstrate to the satisfaction of City staff that the reduced width from a five-foot minimum to a four-foot minimum is only in locations with limited pedestrian traffic and does not affect compliance with accessible pathways for ADA requirements.

Building and Patio Encroachment:
Projections on certain style of buildings, including balconies (covered or uncovered), bay windows, eaves, ornamental features, or similar shall be permitted to encroach into the front and street side setbacks by not more than two feet. Ground floor projections that include patios (covered or uncovered) surrounded by walls that are four feet or less in height and include pedestrian gates and paths allowing pedestrian access directly to the adjacent roadway/sidewalks, shall be permitted to encroach into the front and street side setbacks by not more than five feet. 

Limited encroachments allow for greater flexibility in building design and allows for more variety in the elevations that face out to the public roadways without unnecessary limiting the frontage landscape. Additionally, the encroachment at the ground floor will require a pedestrian connectivity element and provide for units to engage with the streetscape.

Perimeter Wall Encroachments:
If utilized, a perimeter view wall may be placed within the 30-foot street setbacks along Yuma Road and Estrella Parkway, which also serve as landscape buffers. The perimeter view wall may only encroach a maximum of 10 feet into the setback and must be a view wall consisting of no more than 2 feet of solid block with view fencing on top of that block. This shall only be permitted when the units front door faces the street.

As with the above building encroachments, limited encroachments allow for greater flexibility in the design and layout.  By requiring any encroaching wall to have no more than 2 feet of solid block, this preserves visibility. It also preserves the full landscape buffer of 30 feet but allows for up to 20 feet to be on the street side of the wall with the balance still visible through he view fence.

Reductions in Building Separation Along Perimeter:
The residential structures that are subject to the MF-12 Design Guidelines are also required to provide a minimum 15-foot building separation for perimeter dwelling units along the exterior roadways of Yuma Road, Estrella Parkway, Goodyear Boulevard West and Goodyear Boulevard South. If the Property is split into one or more lots/parcels, a minimum 10-foot separation between these types of structures shall be allowed on the newly created internal perimeters.


The PAD Overlay also requires additional design enhancements for all buildings onsite, allows for some deviations to the MF-12 housing product color schemes and building elevations offered, provides for shaded pedestrian entrances, additional connections to the adjacent streets, as well as limited walls for certain product types, to ensure there is street engagement and views into the community.

The developer is also required to construct a Ballpark Village Gateway Monument at the southwest 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.

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 Goodyear 2025 General Plan designates the property with the Neighborhood land use category with a Village Center Overlay and Transit Oriented Development Overlay, with the Neighborhoods category correlating with multi-family zoning. The zoning request requires a minimum density of 18 units per acre with a minimum density of 14 units per acre on the northern portions of the site. Therefore, the request is in compliance with the Goodyear 2025 General Plan land use.

Goals, Objectives, and Standards within the General Plan that support rezoning of the property for the Anton at Ballpark Village multi-family community are as follows:

Goal GD-1 - Physical Growth and Development
A compatible mix of land uses and diverse destinations that foster a high quality of life with livable and safe neighborhoods with a strong economy that fosters a healthy and sustainable environment.

Objective CC-5-1 – Land Use
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.

Objective CC?1?1 – Neighborhoods
Create and foster complete neighborhoods.

Objective CC?1?3 – Neighborhoods
Foster the creation and maintenance of attractive, high-quality neighborhoods.

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

Land Use and Transportation Plan Development Standards
          Standard 1 - Universal Development Standards
All development proposals shall demonstrate their conformance with the applicable stated goals, objectives, and policies contained within the General Plan, and how the development furthers the appropriate implementation of the General Plan.

Standard 8 – Universal Development Standards
New residential uses shall not be approved within the 65 DNL (Day-night Noise Level) or greater noise contours and the accident potential zones surrounding Luke Air Force Base. New residential uses within the 65 DNL or greater noise contours surrounding Phoenix-Goodyear Airport shall require additional review and noise attenuation


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, existing protected wildlife, and existence of high voltage power lines or other utilities.  With historical farming in the region, there are existing irrigation canals that will be either abandoned and removed or placed in underground piping.
 
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 – City-owned vacant parcel zoned City Center;
South – Estrella Vista single-family neighborhood;
East – Fulton Homes at Ballpark Village and city-owned parking;
West – Estrella Vista single-family neighborhood.

The proposed MF-18 zoning is appropriate on the subject property. As noted above, it is consistent with the General Plan.

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 subject property is located to the northwest of the Phoenix-Goodyear Airport. The property does not fall within the Phoenix-Goodyear Airport DNL or accident potential zones 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.
The applicant has indicated that the demand in Goodyear is very high for quality rental residential, especially such as that proposed with close access to the freeway network as well as the adjacent employment 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 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:
 
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
Fire Station #184 7.32 3.66 9.83 4.91 Fire Station #181 10.02 5.01 12.53 6.26

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, Yuma Road and Goodyear Boulevard. The Engineering Department has created stipulations to address traffic requirements applicable to this development. Specifically, Yuma Road will be widened and improved, Estrella Parkway will be widened and improved, Goodyear Boulevard West will be widened and improved, and Goodyear Boulevard South will be widened and improved. Traffic signal modifications will also occur.
 

Water/Wastewater:
The subject property will be served by the 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 major arterial roadways with adequate 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:
An in-person 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 July 12, 2022; signs advertising the Neighborhood Meeting were placed on the site on July 11, 2022. The neighborhood meeting took place on July 27, 2022. Since the neighborhood meeting and the time of the writing of this staff report, no formal opposition has been received regarding this rezoning.

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 29, 2022.

On September 14, 2022, the Planning and Zoning Commission held a public hearing for this item. After the staff presentation, two residents spoke briefly to the Commission. One resident spoke largely about the Village Center Overlay requirements and their desire for walkable retail in the area; another spoke in favor of lower density on the parcel to be compatible with Estrella Vista. The Planning and Zoning Commission voted (6-0) to recommend approval, subject to the proposed stipulations.

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.

Staff Findings:
As set forth herein, the proposed rezoning is both consistent with the General Plan and will not adversely impact the surrounding area.

Attachments