| AGENDA ITEM #:22-220-00003 DATE: November 30, 2022 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | ZONING ORDINANCE TEXT AMENDMENT TO AMEND THE CITY’S LANDSCAPE STANDARDS |
| STAFF PRESENTER(S): | Steve Careccia, Planning Manager |
OTHER PRESENTER(S):
Andrew Pirrone, Water Conservation Coordinator, City of Goodyear
Marissa Pellegrini, Landscape Architect, Kimley-Horn
Marissa Pellegrini, Landscape Architect, Kimley-Horn
SUMMARY:
This is a staff-initiated request to amend Article 2-2 (Definitions) and Article 5-1 (Landscaping Standards) of the city of Goodyear Zoning Ordinance to modify definitions and landscape standards applicable to properties within the city. The general intent of this text amendment is to update the city’s landscape standards, ensure enhanced landscape designs, and to promote water efficiencies.
RECOMMENDATION:
- Conduct a public hearing to consider a request to amend Article 2-2 (Definitions) and Article 5-1 (Landscaping Standards) of the city of Goodyear Zoning Ordinance to modify definitions and landscape standards applicable to properties within the city of Goodyear.
- Recommend approval of a request to amend Article 2-2 (Definitions) and Article 5-1 (Landscaping Standards) of the city of Goodyear Zoning Ordinance as set forth in the draft of Ordinance No. 2022-1565. (Steve Careccia, Planning Manager)
FISCAL IMPACT:
There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.
BACKGROUND AND PREVIOUS ACTIONS:
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time.
The Water Conservation Committee, established in 2016 to provide recommendations for the reduction of outdoor water use, issued their Recommendation Plan Report in May 2018. One of the 12 recommendations in the report was to develop a new set of landscape design standards and guidelines for all development within the city.
A joint City Council/Planning & Zoning Commission worksession was held on September 9, 2021. During the worksession, Councilmembers and Commissioners addressed the need to promote water efficiency while still ensuring aesthetic landscape designs within the city.
This Zoning Ordinance text amendment has not previously been before the Planning and Zoning Commission or City Council.
The Water Conservation Committee, established in 2016 to provide recommendations for the reduction of outdoor water use, issued their Recommendation Plan Report in May 2018. One of the 12 recommendations in the report was to develop a new set of landscape design standards and guidelines for all development within the city.
A joint City Council/Planning & Zoning Commission worksession was held on September 9, 2021. During the worksession, Councilmembers and Commissioners addressed the need to promote water efficiency while still ensuring aesthetic landscape designs within the city.
This Zoning Ordinance text amendment has not previously been before the Planning and Zoning Commission or City Council.
STAFF ANALYSIS
Current Policy:
The following policies contained within the city of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment:
Details of the Request:
This request for text amendment will modify certain definitions and standards within the Zoning Ordinance related to landscaping design, installation and maintenance. To achieve this intent, the text amendment includes the following sections and revisions:
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The Zoning Ordinance was originally adopted in 1999, with the last update to the landscape standards adopted in 2011 (revised maintenance standards). Given the time that has passed since this last amendment, and given the recommendation from the Water Conservation Committee, an update was deemed appropriate at this time. While a new Zoning Ordinance Section 5-1 is proposed, it should be noted the proposed update is more of an incremental revision given the overall Zoning Ordinance will be completely revised upon completion of the General Plan Update currently in progress.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
The amendment will provide an update to the city’s landscaping standards while addressing water efficiencies. Some of the measures addressing water efficiencies include maximum areas for the use of high water use plant material in industrial and commercial zoning districts and limiting the use of such plant material in residential areas to active recreation areas and focal points. The use of turf will be specifically limited to those areas intended for active recreation, such as playfields and dog parks, for example. The use of turf solely for ornamental purposes is proposed to no longer be permitted. However, it should be noted that an individual homeowner on a single family residential lot may plant turf without restriction as proposed within the amendment.
D. Whether amendment will to promote implementation of goals and objectives of the City’s General Plan;
The amendment will promote the following goals, objectives and policies of the General Plan:
Objective CC-1-3, Policy A: Encourage the use of regionally appropriate, attractive, and diverse architecture and landscape treatments.
Objective CC-1-5, Policy A: Use style, architectural design, form and landscape treatments to create unique identities within neighborhoods.
Objective CC-3-3, Action Item B: Examine the joint benefits of using large stormwater retention facilities as greenways, trail corridors, open spaces, public parks or as locations for recreation facilities.
Goal GD-6: An adequate volume and reliable supply of high-quality potable and non-potable water resources that meets both current and future needs.
Objective GD-6-1, Policy B: Attempt to: 1) acquire additional renewable water resources; 2) develop, protect, and sustainably use current water resources; and 3) develop all available groundwater supplies for the current, committed, and future water demands.
Objective GD-6-6: Commit to water conservation.
Objective GD-9-1, Policy C: Promote the use of landscaping and building materials and technologies that reduce the heat island effect.
Objective GD-9-2, Action Item A: Explore programs that encourage developers and homebuilders to use green building practices, reduce energy consumption, reduce water consumption, and similar practices.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
Public Participation:
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on November 11, 2022. Information on this text amendment was provided to the development community through correspondence from the Development Services Department via email notification on June 8, 2022. Additionally, the notice and information related to the text amendment were posted to the current development applications section of the city’s website.
As mentioned above, a draft of the landscape standards was provided to the development community in June of this year. Several members of the development community responded, with such comments as adding flexibility to the standards given current market conditions and supply chain issues, providing additional clarity, allowing more turf in residential areas, and ensuring recommended tree spacing provided for healthy canopies.
Staff responded to each comment and met with a representative from the Home Builders Association on July 15, 2022. The meeting was collaborative, and staff and the representative were able to incorporate several of the requested changes into the draft standards. However, one item that was not incorporated was a request for a higher percentage of turf in residential subdivisions. Staff finds the current proposal allows for a balance of aesthetics, active use and water efficiency, so the maximum turf area was not changed. No opposition to the draft landscape standards has been received to date.
The following policies contained within the city of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment:
- Article 1, Section 1-3-1, of the Zoning Ordinance establishes the process for the review and approval of text amendments to the Zoning Ordinance. Amendments must be reviewed by the Planning and Zoning Commission and approved by the City Council through the public hearing process.
- Article 2-2 (Definitions) of the Zoning Ordinance defines certain words and terms used throughout the Ordinance. This text amendment proposes to revise certain definitions.
- Article 5-1 (Landscaping Standards) establishes requirements for the design, installation, and maintenance of landscaping within the city.
Details of the Request:
This request for text amendment will modify certain definitions and standards within the Zoning Ordinance related to landscaping design, installation and maintenance. To achieve this intent, the text amendment includes the following sections and revisions:
- Article 2-2: Remove the definitions for “Landscaped Area”, “Landscape Plan”, “Mature Trees”, and “Xeriscape” as these terms and concepts are better addressed elsewhere in city codes.
- Article 5-1-1: Sets forth the purpose of the landscape standards;
- Article 5-1-2: Sets forth the applicability of the standards. As proposed, the standards would be applicable to all properties within city limits;
- Section 5-1-3: Sets forth the general provisions of the Article, including the recommended components of a landscape design, installation of landscaping per approved plans, and minimum area requirements;
- Section 5-1-4: Sets forth landscape design objectives and standards, with subsections addressing design objectives, amount of landscaping required in each zoning district, landscape buffers, use of turf, tree planting, ground cover, parking areas, retention basins, and water efficient design. The water efficient design subsection proposes to establish a maximum percentage of the total onsite landscaped area that can be used for turf or other high water use plant material within the city’s zoning districts, as follows: industrial (1%), commercial (5%), multi-family (10%) and single family residential (15%);
- Section 5-1-5: Sets forth standards for landscape maintenance and enforcement;
- Approved Plant Matrix: The matrix includes trees, shrubs, groundcover, vines, succulents and perennials that are permitted within the city’s landscaped areas. The matrix also includes descriptive criteria, such as height, growth rate, and water use, to assist staff and the development community with landscape design. The proposed Approved Plant Matrix conforms to the Arizona Department of Water Resources Low Water Use Drought Tolerant Plant list.
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The Zoning Ordinance was originally adopted in 1999, with the last update to the landscape standards adopted in 2011 (revised maintenance standards). Given the time that has passed since this last amendment, and given the recommendation from the Water Conservation Committee, an update was deemed appropriate at this time. While a new Zoning Ordinance Section 5-1 is proposed, it should be noted the proposed update is more of an incremental revision given the overall Zoning Ordinance will be completely revised upon completion of the General Plan Update currently in progress.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
While this text amendment is not in response to any changes in law, statutory or case law, it does respond to a recommendation from the Water Conservation Committee to update the city’s landscape standards and promote water efficiencies.
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
The amendment will provide an update to the city’s landscaping standards while addressing water efficiencies. Some of the measures addressing water efficiencies include maximum areas for the use of high water use plant material in industrial and commercial zoning districts and limiting the use of such plant material in residential areas to active recreation areas and focal points. The use of turf will be specifically limited to those areas intended for active recreation, such as playfields and dog parks, for example. The use of turf solely for ornamental purposes is proposed to no longer be permitted. However, it should be noted that an individual homeowner on a single family residential lot may plant turf without restriction as proposed within the amendment.
D. Whether amendment will to promote implementation of goals and objectives of the City’s General Plan;
The amendment will promote the following goals, objectives and policies of the General Plan:
Objective CC-1-3, Policy A: Encourage the use of regionally appropriate, attractive, and diverse architecture and landscape treatments.
Objective CC-1-5, Policy A: Use style, architectural design, form and landscape treatments to create unique identities within neighborhoods.
Objective CC-3-3, Action Item B: Examine the joint benefits of using large stormwater retention facilities as greenways, trail corridors, open spaces, public parks or as locations for recreation facilities.
Goal GD-6: An adequate volume and reliable supply of high-quality potable and non-potable water resources that meets both current and future needs.
Objective GD-6-1, Policy B: Attempt to: 1) acquire additional renewable water resources; 2) develop, protect, and sustainably use current water resources; and 3) develop all available groundwater supplies for the current, committed, and future water demands.
Objective GD-6-6: Commit to water conservation.
Objective GD-9-1, Policy C: Promote the use of landscaping and building materials and technologies that reduce the heat island effect.
Objective GD-9-2, Action Item A: Explore programs that encourage developers and homebuilders to use green building practices, reduce energy consumption, reduce water consumption, and similar practices.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. The proposal provides an update to the landscape standards and is intended to balance the community aesthetic with a water efficient design.
Public Participation:
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on November 11, 2022. Information on this text amendment was provided to the development community through correspondence from the Development Services Department via email notification on June 8, 2022. Additionally, the notice and information related to the text amendment were posted to the current development applications section of the city’s website.
As mentioned above, a draft of the landscape standards was provided to the development community in June of this year. Several members of the development community responded, with such comments as adding flexibility to the standards given current market conditions and supply chain issues, providing additional clarity, allowing more turf in residential areas, and ensuring recommended tree spacing provided for healthy canopies.
Staff responded to each comment and met with a representative from the Home Builders Association on July 15, 2022. The meeting was collaborative, and staff and the representative were able to incorporate several of the requested changes into the draft standards. However, one item that was not incorporated was a request for a higher percentage of turf in residential subdivisions. Staff finds the current proposal allows for a balance of aesthetics, active use and water efficiency, so the maximum turf area was not changed. No opposition to the draft landscape standards has been received to date.
Attachments
- 1. Draft Ordinance
- 2. Landscape Standards Zoning Ordinance Text Amendment
- 3. Draft Approved Plant Matrix