| AGENDA ITEM #:22-200-00018 DATE: May 10, 2023 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | SOUTHWEST SPECIALTY FOODS REZONE |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Planner |
OTHER PRESENTER(S):
Thomas Schoaf, Schoaf Law Office
SUMMARY:
A request to rezone approximately 12.8 acres from AU (Agricultural Urban) to I-1 (Light Industrial Park) located at 700 N Bullard Avenue, west of Bullard Avenue and south of Interstate 10.
RECOMMENDATION:
- Conduct a public hearing to consider the request to rezone approximately 12.8 acres from AU (Agricultural Urban) to I-1 (Light Industrial Park) located at 700 N Bullard Avenue, west of Bullard Avenue and south of Interstate 10.
- Recommend approval of the request to rezone approximately 12.8 acres from AU (Agricultural Urban) to I-1 (Light Industrial Park) located at 700 N Bullard Avenue, west of Bullard Avenue and south of Interstate 10. (Guadalupe Ortiz Cortez, 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:
In 2000, Southwest Specialty Foods, Inc. rezoned 12.8 acres from AU (Agricultural Urban) to C-2 (General Commercial) and 44 acres to I-1 (Light Industrial Park). City Council approved this 56.8-acre rezoning on August 28, 2000 with the adoption of Ordinance No. 2000-0702.
As part of the 2000 rezoning, the property owner dedicated a 300-foot wide, 9.6-acre parcel to the city for the relocation of the Bullard Wash. Currently, the Bullard Wash is located in the subject property. The 2000 rezoning kept the original AU (Agricultural Urban) zoning for a 12.8-acre parcel between the City-owned property to the west and the rezoned property. The parcel that kept its original AU zoning in 2000 is the subject of this proposed rezoning.
The subject property (Property) is located at 700 N Bullard Avenue, west of Bullard Avenue and south of Interstate 10. The subject AU property is located west of the Ass Kickin’ Gift Shop building.
This rezoning request has not been previously presented to the Planning and Zoning Commission nor City Council.
As part of the 2000 rezoning, the property owner dedicated a 300-foot wide, 9.6-acre parcel to the city for the relocation of the Bullard Wash. Currently, the Bullard Wash is located in the subject property. The 2000 rezoning kept the original AU (Agricultural Urban) zoning for a 12.8-acre parcel between the City-owned property to the west and the rezoned property. The parcel that kept its original AU zoning in 2000 is the subject of this proposed rezoning.
The subject property (Property) is located at 700 N Bullard Avenue, west of Bullard Avenue and south of Interstate 10. The subject AU property is located west of the Ass Kickin’ Gift Shop building.
This rezoning request has not been previously presented to the Planning and Zoning Commission nor City Council.
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 rezone of approximately 12.8 acres from AU (Agricultural Urban) to I-1 (Light Industrial), that along with 44 acres already zoned I-1 in the same parcel, would facilitate the development of light industrial uses, subject to stipulations found in Ordinance 2023-1570.
If the rezoning is approved, the next steps in the entitlement process will be the submittal, review, and stipulated approval of a site plan application to ensure compliance with the rezoning stipulations, city codes, ordinances and design guidelines. To date, however, staff is not aware of any pending development proposed for the Property.
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 subject property is located within the Business & Commerce land use category of the city’s 2025 General Plan. The category is intended to provide areas for the growth and development of Goodyear’s economic base, including large areas for shopping and entertainment that are regionally significant (typically serving a trade area of 5-10 miles or larger). Business & Commerce does also include uses such as business parks, offices, warehouses, regional hospitals, high density residential that supports the area, and other light industrial uses that are also appropriate, in certain areas. The existing Business & Commerce General Plan land use designation does consider the I-1 (Light Industrial Park) zoning district as a correlating district.
The General Plan’s Development Standard 37 states that light industrial uses should be buffered from residential uses. In addition, Development Standard 40 states that connections to nearby residential developments should be established with walking and biking trails, sidewalks and paths for safe pedestrian movement. In compliance with these General Plan Development Standards, staff has included as a condition/stipulation of approval that a 50-foot wide landscape setback on the west property side, facing the residential neighborhood be provided.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district
Currently, the Property is undeveloped farmland. The Bullard Wash runs through the property, and the Property is located within a floodplain. As a result, future development requires the completion of the necessary environmental and engineering studies and land improvements to remove the Property from the floodplain.
In accordance with the project narrative, the applicant indicates the future development of the Property will result in the relocation of the Bullard Wash onto city-owned property to the west. This is in accordance with a stipulation of approval included with Ordinance No. 2000-702 that required dedication of a 300-foot wide swath of property to the city for the conveyance of Bullard Wash improvements.
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:
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
The proposed I-1 (Light Industrial) zoning district is consistent with the current land uses within the immediate area. Staff believes the proposed I-1 zoning is suitable with the surrounding uses. However, in consideration of residential neighborhoods within the vicinity, approximately 300 feet west of the Property, staff is recommending conditions/stipulations of approval requiring a 50-foot landscape, imposing maximum noise levels to mitigate any noise trespass and imposing requirements to mitigate light trespass.
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 rezone from AU (Agricultural Urban) to I-1 (Light Industrial) will result in a zoning district assigned to the Property that is generally considered in conformance with the General Plan.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Demands for public services will be identified and further reviewed during site plan and construction plan review process. The property owner/developer will need to demonstrate public services are available to serve the Property at the time of development. However, preliminary findings on the availability of public services are provided in the following sections.
Fire Response:
The subject property will continue to be served by Fire Station No. 181 and No. 184
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 rezone does not impact the ability of the department to serve the property.
Streets/Transportation:
This rezone request does not change the existing access point on Bullard Avenue that serves the gift shop. The final location of any proposed access points will be determined during plat and/or site plan review and approval. The Property does not have frontage on Bullard Avenue but if the development of the Property triggers a second public access off of Bullard Avenue, improvements to Bullard Avenue along the frontage of the Southwest Specialty Foods property will be required.
Water/Wastewater:
With this rezone request, the subject property will continue to be served by the city of Goodyear. All infrastructure necessary to serve the subject property will 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
The subject property is in an area where typical public services are currently provided. If the extension or upsizing of any utility lines is needed to serve the Property, then the extension or upsizing will be the responsibility of the owner/developer as part of the development process.
8. General public concerns
Public Participation:
In accordance with the city’s Citizen Review Process, a citizen review meeting was held on January 26, 2023 at the Goodyear Municipal Complex. Notification of the meeting was provided by a postcard mailed to property owners within 500 feet of the subject property informing them of the application to rezone the property and of the scheduled meeting. In addition, a sign was posted on the property (Bullard Avenue frontage) to notify residents of the neighborhood meeting. As a result of the notice, staff received three inquiries on the project, one of which was opposition due to the loss of a buffer between the residential to the west and the property east of the subject property that is already zoned for light industrial.
Approximately 27 residents attended the citizen review meeting on January 26th. Following a presentation from the applicant, residents expressed several concerns at the meeting including: the loss of green space (the buffer) between the residential homes (Fulton Homes at Estrella Commons) and the proposed uses, concerns with the height of industrial buildings and the lack of ability to have feedback on the future end-users (tenants), concerns with truck traffic, potential reductions in property values, concerns for the Bullard Wash parks and trails that they were promised behind their homes, and frustration with the rezoning and subsequent processes. To address some of the concerns voiced by the residents, as previously mentioned herein, staff is proposing several stipulations of approval.
Notice for the public hearings before the Planning and Zoning Commission and City Council on May 8, 2023 and May 22, 2023, 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 April 21, 2023; and notice of public hearings signs were posted on the subject property. Information on the rezone request and these public hearings was also posted on the city’s website. To date, staff has not received any public inquiries as a result of this notice.
9. Whether the amendment promotes orderly growth and development
The rezone from AU (Agricultural Urban) to I-1 (Light Industrial), as stipulated, will promote continued orderly growth and development in conformance with the city’s Zoning Ordinance, Design Guidelines, and Engineering Standards.
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
The rezone from AU (Agricultural Urban) to I-1 (Light Industrial) as conditioned/stipulated will continue to promote the general health, safety, and welfare of the city, as stipulated within the attached draft ordinance.
Recommendation
Staff finds that the rezone from AU (Agricultural Urban) to the I-1 (Light Industrial) zoning is consistent with the General Plan and the Zoning Ordinance, and best serves the public interest, health, comfort, convenience, safety, and general welfare of the citizens of Goodyear. Pursuant to the evaluation of this proposed rezone, staff recommends approval of the conditional rezoning of the property subject to the stipulations in draft Ordinance No. 2023-1570.
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 rezone of approximately 12.8 acres from AU (Agricultural Urban) to I-1 (Light Industrial), that along with 44 acres already zoned I-1 in the same parcel, would facilitate the development of light industrial uses, subject to stipulations found in Ordinance 2023-1570.
If the rezoning is approved, the next steps in the entitlement process will be the submittal, review, and stipulated approval of a site plan application to ensure compliance with the rezoning stipulations, city codes, ordinances and design guidelines. To date, however, staff is not aware of any pending development proposed for the Property.
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 subject property is located within the Business & Commerce land use category of the city’s 2025 General Plan. The category is intended to provide areas for the growth and development of Goodyear’s economic base, including large areas for shopping and entertainment that are regionally significant (typically serving a trade area of 5-10 miles or larger). Business & Commerce does also include uses such as business parks, offices, warehouses, regional hospitals, high density residential that supports the area, and other light industrial uses that are also appropriate, in certain areas. The existing Business & Commerce General Plan land use designation does consider the I-1 (Light Industrial Park) zoning district as a correlating district.
The General Plan’s Development Standard 37 states that light industrial uses should be buffered from residential uses. In addition, Development Standard 40 states that connections to nearby residential developments should be established with walking and biking trails, sidewalks and paths for safe pedestrian movement. In compliance with these General Plan Development Standards, staff has included as a condition/stipulation of approval that a 50-foot wide landscape setback on the west property side, facing the residential neighborhood be provided.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district
Currently, the Property is undeveloped farmland. The Bullard Wash runs through the property, and the Property is located within a floodplain. As a result, future development requires the completion of the necessary environmental and engineering studies and land improvements to remove the Property from the floodplain.
In accordance with the project narrative, the applicant indicates the future development of the Property will result in the relocation of the Bullard Wash onto city-owned property to the west. This is in accordance with a stipulation of approval included with Ordinance No. 2000-702 that required dedication of a 300-foot wide swath of property to the city for the conveyance of Bullard Wash improvements.
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 – Campbell’s Snacks, zoned I-1 (Light Industrial Park)
- South – Bullard Wash, zoned PAD (Planned Area Development)
- East – Southwest Specialty Foods, zoned I-1 (Light Industrial Park)
- West – City of Goodyear owned property, undeveloped and future Bullard Wash, zoned AU (Agricultural Urban)
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
The proposed I-1 (Light Industrial) zoning district is consistent with the current land uses within the immediate area. Staff believes the proposed I-1 zoning is suitable with the surrounding uses. However, in consideration of residential neighborhoods within the vicinity, approximately 300 feet west of the Property, staff is recommending conditions/stipulations of approval requiring a 50-foot landscape, imposing maximum noise levels to mitigate any noise trespass and imposing requirements to mitigate light trespass.
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 rezone from AU (Agricultural Urban) to I-1 (Light Industrial) will result in a zoning district assigned to the Property that is generally considered in conformance with the General Plan.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Demands for public services will be identified and further reviewed during site plan and construction plan review process. The property owner/developer will need to demonstrate public services are available to serve the Property at the time of development. However, preliminary findings on the availability of public services are provided in the following sections.
Fire Response:
The subject property will continue to be served by Fire Station No. 181 and No. 184
| 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 | ||
| #181 | 1.63 | .81 | 1.63 | .81 | #184 | 6.41 | 3.20 | 6.41 | 3.20 |
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 rezone does not impact the ability of the department to serve the property.
Streets/Transportation:
This rezone request does not change the existing access point on Bullard Avenue that serves the gift shop. The final location of any proposed access points will be determined during plat and/or site plan review and approval. The Property does not have frontage on Bullard Avenue but if the development of the Property triggers a second public access off of Bullard Avenue, improvements to Bullard Avenue along the frontage of the Southwest Specialty Foods property will be required.
Water/Wastewater:
With this rezone request, the subject property will continue to be served by the city of Goodyear. All infrastructure necessary to serve the subject property will 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
The subject property is in an area where typical public services are currently provided. If the extension or upsizing of any utility lines is needed to serve the Property, then the extension or upsizing will be the responsibility of the owner/developer as part of the development process.
8. General public concerns
Public Participation:
In accordance with the city’s Citizen Review Process, a citizen review meeting was held on January 26, 2023 at the Goodyear Municipal Complex. Notification of the meeting was provided by a postcard mailed to property owners within 500 feet of the subject property informing them of the application to rezone the property and of the scheduled meeting. In addition, a sign was posted on the property (Bullard Avenue frontage) to notify residents of the neighborhood meeting. As a result of the notice, staff received three inquiries on the project, one of which was opposition due to the loss of a buffer between the residential to the west and the property east of the subject property that is already zoned for light industrial.
Approximately 27 residents attended the citizen review meeting on January 26th. Following a presentation from the applicant, residents expressed several concerns at the meeting including: the loss of green space (the buffer) between the residential homes (Fulton Homes at Estrella Commons) and the proposed uses, concerns with the height of industrial buildings and the lack of ability to have feedback on the future end-users (tenants), concerns with truck traffic, potential reductions in property values, concerns for the Bullard Wash parks and trails that they were promised behind their homes, and frustration with the rezoning and subsequent processes. To address some of the concerns voiced by the residents, as previously mentioned herein, staff is proposing several stipulations of approval.
Notice for the public hearings before the Planning and Zoning Commission and City Council on May 8, 2023 and May 22, 2023, 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 April 21, 2023; and notice of public hearings signs were posted on the subject property. Information on the rezone request and these public hearings was also posted on the city’s website. To date, staff has not received any public inquiries as a result of this notice.
9. Whether the amendment promotes orderly growth and development
The rezone from AU (Agricultural Urban) to I-1 (Light Industrial), as stipulated, will promote continued orderly growth and development in conformance with the city’s Zoning Ordinance, Design Guidelines, and Engineering Standards.
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
The rezone from AU (Agricultural Urban) to I-1 (Light Industrial) as conditioned/stipulated will continue to promote the general health, safety, and welfare of the city, as stipulated within the attached draft ordinance.
Recommendation
Staff finds that the rezone from AU (Agricultural Urban) to the I-1 (Light Industrial) zoning is consistent with the General Plan and the Zoning Ordinance, and best serves the public interest, health, comfort, convenience, safety, and general welfare of the citizens of Goodyear. Pursuant to the evaluation of this proposed rezone, staff recommends approval of the conditional rezoning of the property subject to the stipulations in draft Ordinance No. 2023-1570.