Request to rezone approximately 13.45 acres generally located north and northwest of Sarival Avenue and Yuma Road from Agricultural Urban (AU) to MF-12 for the development of Innovation Villas on Sarival.
 

1. Conduct a Public Hearing to consider the rezone of approximately 13.45 acres generally located north and northwest of Sarival Avenue and Yuma Road from Agricultural Urban (AU) to MF-12 for the development of Innovation Villas on Sarival.
2. Recommend approval of the request to rezone property to MF-12, as set forth in the draft of Ordinance No. 2021-1502. (Christian M. Williams, Planner)

1. The existing wooden slat fence located on the western boundary of the Property between lot 45 of the Final Plat of Canyon Trails Unit 3 Parcel G recorded in the official records of the Maricopa County Recorder at Book 687 Page 36 (the “Canyon Trails Unit 3 Final Plat”) (883 S. 165th Dr.) and lot 46 of the Canyon Trails Unit 3 Final Plat (16507 W. Hadley Street) in the Canyon Trails Unit 3 neighborhood shall be removed and replaced with the following:
   1. The section of the existing wood fence adjacent to Hadley Street shall be replaced with a gate made of decorative wrought iron or similar material to provide secondary emergency access into the Property from Hadley Street. City of Goodyear emergency services provided shall have unfettered access through the gate.  If the Property is designed to that the view from Hadley Street looking into the Property is of a parking lot, the bottom three feet of the gate shall  be of a solid material blocking the view of the Property; and
   2. The section of the existing wood fence on north of Hadley Street shall be replaced with either of the following: (i) the entire area can be replaced with a view gate to provide pedestrian access from the Property to Hadley Street; or (ii) the area adjacent to the sidewalk can be replaced with a view gate to provide pedestrian access from the Property to Hadley Street and the area north of the sidewalk along Hadley Street can be replaced with a CMU block wall.  The height of the gate and/or CMU block wall shall substantially match the height of the rear yard walls on lots 45 and 46 of the Canyon Trails Unit 3 Final Plat and the west side of the CMU block wall (i.e. the side visible from Canyon Trails Unit 3) shall be painted to match the existing wall color on the Canyon Trials Unit 3 (west facing) portion of the wall; and
   3. The section of the existing wood fence south of Hadley Street shall be replaced with one of the following: (i) the entire area can be replaced with a view gate  to provide pedestrian access from the Property to Hadley Street; or the entire care can be replaced with a CMU block wall; or (iii) the area adjacent to the sidewalk can be replaced with a view gate to provide pedestrian access from the Property to Hadley Street and the area south of the sidewalk along Hadley Street can be replaced with a CMU block wall;.  The height of the gate and/or CMU block wall shall substantially match the height of the rear yard walls on lots 45 and 46 of the Canyon Trails Unit 3 Final Plat and the west side of the CMU block wall (i.e. the side visible from Canyon Trails Unit 3) shall be painted to match the existing wall color on the Canyon Trials Unit 3 (west facing) portion of the wall;
2. If only one gate is constructed to provide pedestrian access from the Property to Hadley Street, ADA qualified ramps shall be constructed on both sides of Hadley Street to allow pedestrians whose disabilities require such ramps to cross from the sidewalk on the south side Hadley Street to the sidewalk on the north side of Hadley Street; 
3. Perimeter units, adjacent to Sarival Marketplace Neighborhood Commercial,  may maintain a minimum building separation of 10 feet;
4. No wall shall be constructed that blocks access in to and out of the Property from 164th Lane unless the City Engineer or his designee determines that such access is not required.  If the City Engineer or his designee determines that access to and from the Property from 164th Lane is not required, a wall may be constructed along the northern boundary of the Property between Lot 39 of the Final Plat for Curtis Commons recorded in the official records of Maricopa County Recorder at Book 891 Page 25 (the “Curtis Commons Final Plat”) (16459 West Sherman Street) and Lot 40 of the Curtis Commons Final Plat (16421 of West Sherman Street) subject to the following.  The wall shall be a partial view fence or full view fence that is the same height as the rear yard walls on lots 39 and 40 of the Curtis Commons Final Plat.  If partial view fencing is constructed it shall consist of two (2) feet of wrought iron on top of a concrete masonry unit (CMU); 
5. If there is not going to be access to and from the Property from 164th Lane, reflective bollards or reflective barricades as approved by the City Engineer or his designee shall be installed at the end of 164th lane;
6. Any wall constructed along the northern Property line adjacent to the open space/retention area located along Sarival Avenue within the adjacent property (Curtis Commons) shall be a view fence; 
7. Residential dwelling structures shall be limited to one-story, first floor, occupancy with a maximum building height not to exceed that of the MF-12 Zoning District;
8. A minimum of one evergreen tree shall be installed within each rear yard of every unit with private rear yards that back to the property to the north (Curtis Commons), which tree shall be continuously be maintained and replaced as necessary; 
9. Except as provided in stipulation 11 below, Owner shall, at Owner’s sole cost and expense, construct or cause the construction of full half-street improvements, except for ½ a median and ½ median landscaping, for the section of west half of S. Sarival Avenue along or adjacent to the frontage of the Property required for a Minor Arterial as set forth in the Engineering Design Standards in effect at the time the improvements are constructed, including but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “S. Sarival Avenue Improvements”). The S. Sarival Avenue Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property;
10. Owner shall remit to the city an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of S. Sarival Avenue along or adjacent to the frontage of the Property. The in-lieu payment for the median shall be based on the estimated cost of the full median and full median landscaping as determined by the City Engineer or designee, and it shall be paid prior to the recordation of the first final plat subdividing all or part of the Property;
11. If all or part of the required S. Sarival Avenue Improvements have been constructed by the City of Goodyear, Owner shall remit to the City of Goodyear an in-lieu payment for the costs the City of Goodyear incurred in constructing such improvements and Owner shall construct all remaining required S. Sarival Avenue Improvements.  The payment required hereunder shall be remitted prior to the issuance of any permit for construction within the Property.  The remaining S. Sarival Avenue Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; 
12. The Property Owner shall dedicate, at no cost to the city, all rights-of-way and/or easements that are: (i) needed for the construction of infrastructure improvements required for the city to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the city of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for constructing or for which Owner is responsible for making in-lieu payments; (iv) required to be dedicated pursuant to any development agreement with the city regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein; and (vi) required for public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the city of Goodyear’s Engineering Design Standards and Policies;
13. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, the City of Goodyear subdivision regulations, the city of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer, the Maricopa County Association of Governments standards for public works construction,  and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property;
14. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the Property and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear.  Said extinguishment shall occur prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permits for work within the Property, whichever is earlier;
15. Prior to the issuance of the first Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property, all existing above ground utilities, except for electric lines that are 69kV or larger, located within and adjacent to the Property, including but not limited to, cable and electrical utilities, shall be placed underground at no cost to the City; 
16. Access into the Property and out of the Property from North Sarival Avenue shall be limited to right-in and right out;
17. Owner shall submit a Traffic Impact Analysis (TIA) with the Site plan documents that reflects the full build-out of the section of North Sarival Avenue between Yuma and Van Buren, including the construction of a  full median; and   
18. Approval of the rezoning does not constitute approval of the site plan. All future development will be subject to site plan review and approval by city staff, at which time all elements of site development will be reviewed, including, but not limited to, architecture, landscaping, grading and drainage, lighting, infrastructure, parking, access and circulation.

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 zoning for this property is Agricultural Urban (AU) as established at the time of annexation into the (then) town of Goodyear in 1983 through Ordinance 1983-0156.

Since the annexation and establishment of initial zoning, the surrounding properties have developed to include a mix of commercial and single-family residential. This property is considered an infill site as it is surrounded on all four sides by existing development.

The current proposed rezoning includes 13.45 acres and seeks to replace the original zoning with to create a multi-family development.
 

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 both consistent with the General Plan and will not adversely impact the surrounding area.

Details of the Request:
The applicant is requesting a zoning change from the current Agricultural Urban (AU) to MF-12 to facilitate the development of a multi-family development under the existing city of Goodyear Zoning District. An MF-12 Zoning District shall be developed under the Multi-Family and MF-12 Design Guidelines as outlined in the Goodyear Design Guidelines.

Staff has added stipulations to restrict all residential buildings, on the property, to single-story as well as provided stipulations to address perimeter compatibility as well as vehicular and pedestrian connections to the adjacent Curtis Commons and Canyon Trails developments.
Residents in the Curtis Commons development have requested that there be no pedestrian or vehicular access from the Property onto existing public right-of-way of North 164th Lane, Although the applicant is open to this request, city staff cannot commit to this request at this time.  The proposed zoning includes a stipulation that would allow for the construction of a wall that would prevent access subject to a determination by the City Engineer or his designee that there is no need for such access. 

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.

 

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.

 

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.

   

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.

 

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
Fire Station #184/181	1.04	0.52	1.65	0.83	Fire Station #185	9.08	4.54	9.70	4.85

 

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.