| AGENDA ITEM #: 16. DATE: 05/24/2021 AI #:283 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | REZONE APPROXIMATELY 13.45 ACRES FROM AGRICULTURAL URBAN (AU) TO MF-12 FOR INNOVATION VILLAS ON SARIVAL |
| STAFF PRESENTER(S): | Christian M. Williams, Planner |
SUMMARY
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.
Recommendation
- ADOPT RESOLUTION NO. 2021-2147, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK AND TITLED “OFFICIAL SUPPLEMENTARY ZONING MAP NO. 20-08 CITY OF GOODYEAR, AZ – REZONE CASE”; AND “LEGAL DESCRIPTION – INNOVATION VILLAS ON SARIVAL”.
- ADOPT ORDINANCE NO. 2021-1502, CONDITIONALLY REZONING APPROXIMATELY 13.45 ACRES FROM AGRICULTURAL URBAN (AU) TO MF-12; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGMENT, CORRECTIONS, SEVERABILITY, AN EFFECTIVE DATE, AND PENALTIES. (Christian M. Williams, 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 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.
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.
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. 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:
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:
- Consistency with the General Plan.
The General Plan designates the Land Use Category for this property is Neighborhoods. Due to this fact, a rezone of this property from an agricultural low-density residential uses to a multi-family residential use would continue to align with the General Plan.
- Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The underutilized, vacant infill Site is adequately sized at approximately 13.45 acres and relatively flat, which makes it suitable for a multifamily development. Adjacent to Sarival Avenue, an arterial street, and located behind a commercial center located on Yuma Road. This development would serve as a transition from commercial uses on the south to residential uses on the north and west.
- 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 – Curtis Commons (R1-7) single family residential;
South – Sarival Marketplace (C-2) anchored by Fry’s Marketplace;
East – Wildflower Ranch (PAD) single-family residential;
West – Canyon Trails Unit 3 (PAD) single-family residential;
North – Curtis Commons (R1-7) single family residential;
South – Sarival Marketplace (C-2) anchored by Fry’s Marketplace;
East – Wildflower Ranch (PAD) single-family residential;
West – Canyon Trails Unit 3 (PAD) single-family residential;
- 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 multi-family development zoned MF-12 and that follows the MF-12 Design Guidelines will serve as a buffer and transition between the C-2 (General Commercial) center to the south and the single-family residential uses to the north and west.
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 single-story and multi-family nature of 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.
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 single-story and multi-family nature of 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.
- 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.
Per the General Plan designation of Neighborhoods, the property may be zoned to multi-family.
- 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.
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:
Emergency response times and distances are provided below:
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Nearest Goodyear Fire Station
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Shortest path
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Longest path
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2nd Nearest Goodyear Fire Station
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Shortest path
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Longest path
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||||
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Mins
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Miles
|
Mins
|
Miles
|
Mins
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Miles
|
Mins
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Miles
|
||
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Fire Station #184/181
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1.04
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0.52
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1.65
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0.83
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Fire Station #185
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9.08
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4.54
|
9.70
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4.85
|
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 traffic signals, roadway construction and access to needed and adjacent streets.
Water/Wastewater:
The subject property will be served by city of Goodyear water and wastewater utilities.
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 traffic signals, roadway construction and access to needed and adjacent streets.
Water/Wastewater:
The subject property will be served by city of Goodyear water and wastewater utilities.
- 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.
- General public concerns.
Public Participation, Public Comment and Planning and Zoning Commission Meeting:
An alternative citizen review process was conducted for this proposal due to the city of Goodyear Emergency Declaration in Response to Coronavirus and notice of the application was provided to property owners within 500 feet of the property at least 35 calendar days prior to public hearing to provide ample opportunity for input prior to noticing the public hearing itself. To date, comments from residents and the Curtis Commons HOA have been received regarding traffic concerns, the height of buildings and a general concern for multi-family at this location. As a result of those comments, the developer has agreed that all residential buildings will be limited to one-story and to restrict general vehicular access to all public streets except Sarival Avenue.
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 May 12, 2021 appeared in the Arizona Republic Southwest Valley Edition April 23, 2021; postcards were mailed to adjoining owners on April 24, 2021; and a sign was posted on the site on April 28, 2021.
At the Planning and Zoning Commission meeting, four (4) residents spoke in opposition to the proposal and a letter, signed by 51 signatories (some of which reside within the same household), was received which included a list of concerns and requests; some of those items include: existing wall conditions and future maintenance, storm water runoff, existing and future access/conditions along164th Lane. Additional comments, from the public, included general concerns about multi-family projects in general, and the impact the development would have on the residential lots immediately adjacent to the Property, including the location of parking structures adjacent to single-family homes. Additional stipulations were proposed to provide additional buffers between the development of the Property and the adjacent residential homes by requiring 15 foot landscape buffers and restricting carports from being located within 30 feet of a residential lot.
After public discussion, the Commission voted (6-0) to recommend approval of the proposed rezoning, subject to the inclusion of additional stipulations to provide the landscape buffer and restriction of carports near residential lots. These two stipulations, which are set forth below are stipulations 20 and 21 in Ordinance 2021-1502:
An alternative citizen review process was conducted for this proposal due to the city of Goodyear Emergency Declaration in Response to Coronavirus and notice of the application was provided to property owners within 500 feet of the property at least 35 calendar days prior to public hearing to provide ample opportunity for input prior to noticing the public hearing itself. To date, comments from residents and the Curtis Commons HOA have been received regarding traffic concerns, the height of buildings and a general concern for multi-family at this location. As a result of those comments, the developer has agreed that all residential buildings will be limited to one-story and to restrict general vehicular access to all public streets except Sarival Avenue.
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 May 12, 2021 appeared in the Arizona Republic Southwest Valley Edition April 23, 2021; postcards were mailed to adjoining owners on April 24, 2021; and a sign was posted on the site on April 28, 2021.
At the Planning and Zoning Commission meeting, four (4) residents spoke in opposition to the proposal and a letter, signed by 51 signatories (some of which reside within the same household), was received which included a list of concerns and requests; some of those items include: existing wall conditions and future maintenance, storm water runoff, existing and future access/conditions along164th Lane. Additional comments, from the public, included general concerns about multi-family projects in general, and the impact the development would have on the residential lots immediately adjacent to the Property, including the location of parking structures adjacent to single-family homes. Additional stipulations were proposed to provide additional buffers between the development of the Property and the adjacent residential homes by requiring 15 foot landscape buffers and restricting carports from being located within 30 feet of a residential lot.
After public discussion, the Commission voted (6-0) to recommend approval of the proposed rezoning, subject to the inclusion of additional stipulations to provide the landscape buffer and restriction of carports near residential lots. These two stipulations, which are set forth below are stipulations 20 and 21 in Ordinance 2021-1502:
- A minimum 15-foot wide landscape buffer shall be installed adjacent to any single-family residential lot. No buildings, carports, parking spaces or drive aisles/ driveways shall be located within the landscape buffer except drive aisles/driveways may cross over a landscape buffer as needed to access a parking lot. The landscape buffer may include sidewalks, parks/open space, and private yards; and
- No carports, shall be located within 30 feet of a single-family residential lot.
Following the meeting before the Planning Commission, and in an effort to further address concerns expressed during the public hearing before the Planning Commission, the Property owner agreed to further modify the stipulations that had been presented to and approved the Planning and Zoning Commission and to include an additional stipulation. Stipulation 4 was amended to require the installation of a wall if the City Engineer or his designee determined that no access to and from the Property from 164th Lane was required, whereas the prior stipulation merely allowed for the construction of a wall upon such a determination. Stipulation 5 was amended to clarify that reflective bollards or reflective barriers were to be installed if there was not going to be any access to and from the Property from 164th Lane. Stipulation 6 was added to require installation of an access gate if only limited access to and from the Property from 164th Lane was required. These revised stipulations are included in Ordinance 2021-1502 being presented for approval.
- 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.
- 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 proposed amendment will add residential in close proximity to a major commercial center.
Attachments
- Resolution
- Official Supplementary Zoning Map
- Legal Description
- Ordinance
- Aerial Photo
- Narrative
- Presentation