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ITEM #: 14.
DATE: 10/24/2022

AI #:1104
CITY COUNCIL ACTION REPORT
 
SUBJECT: PLANNED AREA DEVELOPMENT AMENDMENT FOR THE 2ND RESTATED AND AMENDED FINAL PLANNED AREA DEVELOPMENT FOR BALLPARK VILLAGE & BALLPARK VILLAGE - SOUTH
 
STAFF PRESENTER(S): Guadalupe Ortiz Cortez, Planner

SUMMARY

A Planned Area Development (PAD) Amendment to add approximately 16 acres at the southwest corner of S. Bullard Avenue & W. Lower Buckeye Parkway to the existing 268.5-acre Ballpark Village & Ballpark Village - South PAD on the east side of Estrella Parkway and south of Yuma Road, and to rezone the approximately 16 acres to the existing PAD underlying RES/MXD zoning designation.

Recommendation

1. ADOPT RESOLUTION NO. 2022-2273, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS INCORPORATED BY REFERENCE IN ORDINANCE 2022-1559 RELATED TO THE REZONING OF BALLPARK VILLAGE & BALLPARK VILLAGE – SOUTH”.

2. ADOPT ORDINANCE NO. 2022-1559, CONDITIONALLY REZONING APPROXIMATELY 284.5 GROSS ACRES LOCATED ON THE EAST SIDE OF ESTRELLA PARKWAY TO ADD APPROXIMATELY 16 ACRES TO THE EXISTING 268.5-ACRE 2nd RESTATED & AMENDED FINAL PLANNED AREA DEVELOPMENT (PAD) FOR BALLPARK VILLAGE & BALLPARK VILLAGE - SOUTH; TO REZONE THE APPROXIMATELY 16  ACRES TO THE EXISTING PAD UNDERLYING RES/MXD ZONING DESIGNATION; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR, PROVIDING FOR NON-ABRIDGMENT, CORRECTIONS, SEVERABILITY, AN EFFECTIVE DATE, AND PENALTIES. (Guadalupe Ortiz Cortez, Planner)

STIPULATIONS

Stipulations included in Ordinance No. 2022-1559.

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

In May of 2007, the Wood Corporate Campus and Ballpark Village Final Planned Area Development and Design Guidelines was approved by the City Council, facilitating the development of the Goodyear Ballpark, the Cleveland Indians (now Cleveland Guardians) Development Complex, and the Cincinnati Reds Development Complex.
In December of 2014, Communities Southwest (CSW) purchased all non-City owned property within the PAD, and, in May of 2017, City Council rezoned the property by adopting Ordinance No. 17-1347 approving the Ballpark Village & Ballpark Village – South Restated & Amended Final PAD dated April 28, 2017.  The amended PAD changed the approved land use for a portion of the property within Ballpark Village – South from business/office park to a combination of single and multi-family residential uses with a range of densities. The amended PAD also included development standards and design and guideline. CSW subsequently sold the private property located within Ballpark Village – South (the portion of the property located south of Lower Buckeye Parkway).
In March of 2021, El Dorado Ballpark Village LLC, which purchased approximately 43 acres located within Ballpark Village – South, processed a PAD Amendment to modify the multi-family density ranges and maximum building heights in Ballpark Village – South. The PAD amendment was approved by the City Council on March 1, 2021, with the adoption of Ordinance No. 2021-1494.
In July of 2021, after obtaining permission of the property owner, staff initiated a rezoning to amend the Ballpark Village & Ballpark Village – South PAD to incorporate an additional 14 acres of property.  This 14-acre parcel separated the property in the PAD north of Lower Buckeye Parkway from the property in the PAD south of Lower Buckeye Parkway.  Approximately six (6) of the 14 acres was designated C-2 (General Commercial) and approximately eight (8) of the 14 acres was designated as I-1 (Light Industrial in the City Center Airpark Final PAD.  Given its location, staff believed the development of the 14 acres as industrial was not compatible with the Ballpark Village and Ballpark Village – South PAD and that it was more appropriately zoned for uses consistent with the Ballpark Village & Ballpark Village – South PAD. 
The Ballpark Village and Ballpark Village – South PAD was amended to incorporate the 14-acre parcel and to designate it as the RES/MX (Residential/Mixed Use) zoning designation, which is a zoning designation that previously only applied to a portion of the property within Ballpark Village (the portion of the Property located north of Lower Buckeye Parkway), to modify definitions and eliminate inconsistences in the PAD. The PAD Amendment was approved by the City Council on July 19, 2021, with the adoption of Ordinance No. 2021-1513.
The Planning and Zoning Commission considered this item at their regular meeting on October 12, 2022. The Commission unanimously voted to forward a recommendation of approval to the City Council (5-0 vote).

STAFF ANALYSIS

Current Policy:
A request to amend an approved PAD must be processed as a rezoning request, which requires public review by the Planning and Zoning Commission and public review and approval by the City Council. The proposed amendment must be consistent with the General Plan and should not adversely impact the surrounding area.

Details of the Staff-initiated Amendment:
The proposed rezoning would incorporate approximately 16 acres of Property that is adjacent to property within the Ballpark Village and Ballpark Village South PAD to allow it to be developed under the RES/MXD land use category.    The RES/MXD land use category allows for attached single family, multi-family dwellings, residential mixed-uses live/work units, row homes, townhomes, and similar residential uses that meet the intent of the PAD zoning. The RES/MXD category does not have a density maximum and the building height maximum is 72 feet.
Staff initiated this rezoning for reasons similar to the rezoning in 2021 in which an adjacent 14-acre parcel was incorporated into the Ballpark Village and Ballpark Village South PAD.  The 16-acre parcel being incorporated into the PAD is currently zoned I-1 Light Industrial under the City Center Airpark PAD.  It is bordered on the west and south by property within the Ballpark Village and Ballpark Village on the north by property that was recently rezoned from I-1 Light Industrial to allow for a residential development and on the east by the Bullard Wash.  Because the property adjacent to the Property is zoned for residential developments, staff believed that the 16 acres was more appropriately zoned for uses consistent with the Ballpark Village & Ballpark Village – South PAD.  Accordingly, staff sought and received approval from Goodyear Airpark Industries Development, LLC to rezone the 16 acres.  After receiving owner’s approval, staff initiated this rezoning request. 
The purpose of the proposed rezoning is to include the 16 acres located at the southwest corner of Bullard Avenue and Lower Buckeye Parkway into the Ballpark Village & Ballpark Village – South PAD and allow it to be developed under the existing RES/MXD land use category.  The RES/MXD land use category allows for attached single family, multi-family dwellings, residential mixed-uses live/work units, row homes, townhomes, and similar residential uses that meet the intent of the PAD zoning. The RES/MXD category does not have a density maximum and the building height maximum is 72 feet.

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 existing Business & Commerce General Plan designation with a Transit Oriented Development Overlay allows high density residential development in order to support the commercial, entertainment, and public & community facilities within the designation. This proposed PAD amendment is consistent with the designation.

2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The Property is currently undeveloped and with no special natural features. This proposed PAD amendment is consistent with the current suitability of the subject property’s physical and natural features for the permitted uses in the PAD.

3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
Uses and development surrounding the subject property include:
· North – Fulton Homes at Ballpark Village, zoned PAD with underlying residential zoning
· South – Goodyear Ballpark, zoned Public Facilities District within the Ballpark Village and Ballpark Village – South PAD
· East – Phoenix-Goodyear Airport, zoned Agricultural
· West – Undeveloped property zoned RES/MXD within the Ballpark Village and Ballpark Village – South PAD
Because the property immediately adjacent to the Property is zoned for residential development the proposed RES/MXD zoning is compatible with surrounding uses.

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.
This proposed PAD amendment is consistent with the current land uses within the immediate area, and this PAD amendment does not change the current permitted uses within the PAD. Staff believes the proposed RES/MXD zoning is more suitable for the surrounding residential and Ballpark uses than the current industrial 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.
The Property will be rezoned from the City Center Airpark PAD with underlying I-1, Light Industrial, zoning to RES/MXD, Residential/ Mixed-Use within the Ballpark Village and Ballpark Village – South PAD.
This PAD amendment does not change the current permitted uses within the PAD.

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

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
#184 3.75 1.87 5.05 2.53 #181 4.06 2.03 5.37 2.68





Police Response:
The property is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property as proposed. This proposed PAD amendment does not impact the ability of the department to serve the property.

Streets/Transportation:
This PAD amendment does not change the existing, approved, or planned PAD access points on Wood Boulevard, Lower Buckeye Parkway, or Bullard Avenue. The final location of all access points will be determined during plat and/or site plan review and approval.
The owner will be responsible for completing half-street improvements for W. Lower Buckeye Parkway, S. Bullard Avenue, and S. Wood Boulevard, and for making in-lieu payments for one third of the cost of a full traffic signal (three legs) at W. Lower Buckeye Parkway and S. Bullard Avenue and one fourth of the cost of a full traffic signal (four legs) at W Lower Buckeye and S. Wood Boulevard.

Water/Wastewater:
With this PAD amendment the subject property will continue to be served by the city of Goodyear. All infrastructure necessary to serve the subject property will continue to be required to be installed by the property owner and/or developer.

7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.
This PAD amendment does not change the requirement that the extension of utility lines needed to serve the property will be the responsibility of the property owner and/or developer as part of the development process.

8. General public concerns.
Public Participation:
In accordance with the city’s Citizen Review Process, an alternative notification process was used for this PAD amendment. A formal citizen review meeting was not held, but notice providing information on the staff-initiated amendment was mailed to the owners of property within 500 feet of the subject property and other stakeholders. Staff has not received public inquiries from the alternative citizen review notice.
Notice for the public hearings before the Planning and Zoning Commission and City Council on October 12, 2022 and October 24, 2022, respectively, included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice published in the Arizona Republic Southwest Edition on October 14, 2022; and notice of public hearings signs were posted on the subject property. Information on the staff-initiated amendment and these public hearings was also posted on the city’s website. As a result of this notice, staff has received an email from a resident inquiring about the amendment, inquiring about the possibility multi-family developments on the subject property, and expressed concern with the urban-heat island effect in the area. 

The Planning and Zoning Commission considered this item at their regular meeting on October 12, 2022. Upon conclusion of the staff presentation, Commissioners unanimously voted (5-0) 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.
This PAD amendment will promote continued orderly growth and development within the PAD by allowing an increase in the residential density that will in turn serve to attract commercial and entertainment uses to the PAD.

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.
This PAD amendment will not impact of the amendment on the general health, safety and welfare of the citizens of the city and the general public.

Recommendation
Pursuant to the evaluation of this proposed PAD Amendment, staff recommends approval of the conditional rezoning of the property by amending the existing PAD (Planned Area Development) as enacted by Ordinance No. 2022-1559, in accordance with that certain document titled 2nd Restated & Amended Final Planned Area Development for Ballpark Village & Ballpark Village - South dated August 2022, subject to the stipulations in draft Ordinance No. 2022-1559.

 

Attachments