This is a Public Hearing to consider the rezoning of approximately 284.5 acres located northeast of Estrella Parkway and Bullard Avenue (the Property’) from Planned Area Development  (PAD) “2nd Restated and Amended Final Planned Area Development for Ballpark Village and Ballpark Village - South” to Planned Area Development (PAD) “3rd Restated and Amended Final Planned Area Development for Ballpark Village and Ballpark Village - South” specifically amending the Land Use Designation/Category and Uses for Lot 33, deleting drive-throughs as a permitted use within the portions of the Property designated as MXD and conditionally permitting a drive-through in the portions of the Property designated as RES/MXD pursuant to zoning stipulations.

1. Conduct a public hearing to consider a request to rezone approximately 284.5 acres located northeast of Estrella Parkway and Bullard Avenue (the “Property”) from Planned Area Development  (PAD) “2nd Restated and Amended Final Planned Area Development for Ballpark Village and Ballpark Village - South” to Planned Area Development (PAD) “3rd Restated and Amended Final Planned Area Development for Ballpark Village and Ballpark Village - South”.
2. Recommend approval of the request to rezone the Property to 3rd Restated and Amended Final Planned Area Development for Ballpark Village and Ballpark Village - South (January 2023), as set forth in the draft of Ordinance No. 2022-1563. (Christian M. Williams, Principal Planner).

Stipulations included in draft Ordinance.
 

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.
 

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 guidelines. 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 had 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.

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. 

On July 19, 2021, the City Council of the City of Goodyear, adopted Ordinance No. 2021-1513 conditionally rezoning approximately 268.5 acres of property by incorporating and rezoning approximately 14 acres by adopting the Restated & Amended Final Planned Area Development for Ballpark Village & Ballpark Village – South dated July 2021, which designated the newly added property as the RES/MXD (Residential/Mixed Use) zoning designation; and modified certain development standards, definitions and the residential permitted use matrix to distinguish product types from categories of residential uses. 

After obtaining permission of the property owner, staff initiated a rezoning to amend the Ballpark Village & Ballpark Village – South PAD to incorporate an additional 16 acres of property.  This 16-acre parcel is directly east of the property that was added to the PAD in July of 2021 and was designated as I-1 (Light Industrial) in the City Center Airpark Final PAD.  Given its location, immediately adjacent to the Development Complex Ballfields staff believed the development of the 16 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. 

On October 24, 2022, the Goodyear City Council adopted Ordinance No. 2022-1559 conditionally rezoning 284.5 acres of property by incorporated and rezoning approximately 16 acres by adopting the 2nd Restated and Amended Final Planned Area Development for Ballpark Village and Ballpark Village – South, which designated the newly added property as the RES/MXD (Residential/Mixed Use) zoning designation.

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 Request:
The proposed rezoning is to amend the existing Planned Area Development zoning to modify the zoning designation of Lot 33 (defined below) from the COM zoning to the RES/MXD Residential/Mixed zoning designation, to eliminate the ability to construct drive-through restaurants within the portions of the Property zoned MXD, which are owned by the city of Goodyear, and to conditionally allow a drive-through restaurant to be constructed within Lot 33 pursuant to the stipulations of the zoning ordinance.

The COM land use category only allows for commercial uses including drive-in/drive-through facilities, whereas, 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 as well as a myriad of retail, commercial entertainment and mixed-uses. The RES/MXD category does not have a density maximum and the building height maximum is 72 feet.

The proposed rezoning would also eliminate drive-through facilities as a permitted use within the portions of the property designated as MXD, all of which is owned by the City, and, it would allow one drive-through facility on Lot 33 subject compliance with specific requirements set forth in condition/stipulation of approval number 5 in Ordinance 2023-1563.

The requirements for a drive-through on Lot 33 include the following:

• The drive-through is limited to a single drive-through; and
• The drive-through is limited to a business that has, coffee, tea or other beverages as its primary product; and
• A patio shall be attached to the drive-through that is scaled to the size of the building must be a prominent feature towards Estrella Parkway or the Ballpark/Player Development Complex Fields and shall be a minimum of 1,000 square foot outdoor patio; and
• The drive-through drive aisle cannot be located between the building and Estrella Parkway, it must be located to the rear of the building; and it must not be substantially visible from Estrella Parkway; and
• Development of the drive-through shall comply with all of the requirements set forth in Section 4-2-18 (Drive Through Restaurants). 

The following enhancements are required for development within Lot 33:   

• Enhanced architectural design and landscaping which must be provided on the site, as determined by the Zoning Administrator during the Site Plan review; and
• Enhanced pedestrian connections which must be provided to connect the Ballpark site and nearby residential property, as determined by the Zoning Administrator during the Site Plan review; and
• If walls or fencing are constructed, view fencing shall be used between the multi-family and commercial center, except where screening of mechanical equipment and trash enclosures are necessary; and
• Color schemes shall add interest and variation to buildings on the Site. At least two (2) base colors and three (3) accent colors/materials shall be used in a manner which creates a minimum of three (3) unique building schemes through the Site. A variation in roof height is required and a portion of the building’s roof shall be pitched or contain a tower structure with an overhang; and
• The color palettes of buildings shall incorporate a minimum of one (1) accent color that is not simply shades of grays and/or browns; and
• Parking requirements for commercial uses shall apply for commercial development within Lot 33 except as provided herein.  A minimum of five (5) vehicle parking spaces open to the public and labeled for use as Bullard Wash Trailhead Parking shall be provided.  In addition to providing the bicycle parking required in Article 6-6 (Bicycle Parking) of the Goodyear Zoning Ordinance, an additional five (5) bicycle parking spaces open to the public and labeled for use as Bullard Wash Trailhead parking shall be provided.  For each Bullard Wash Trailhead Parking Space, which consists of one vehicle parking space labeled for use as Bullard Wash Trailhead Parking and one bicycle parking space labeled for use as Bullard Wash Trailhead Parking,  the developer shall be permitted a reduction of two (2) required vehicle parking spaces needed to support restaurants within the property.  This reduction does not apply to any other commercial development within Lot 33.  Bullard Wash Trailhead Parking Spaces shall not permit a parking reduction of more than 20 vehicle parking spaces or more than 20% of the required parking spaces (whichever is less) (not forgoing the 3rd Party Parking study which may further reduce the parking requirements). The city shall reserve the right to promote the use of the provided Bullard Wash Trailhead Parking Spaces.
• A major plaza (pedestrian plaza/greenspace) shall be constructed within the property adjacent to Estrella Parkway and Bullard Avenue if any portion of Lot 33 is developed with a commercial use. The plaza should be a minimum of 2,500 sq. ft and include a major shade amenity and seating.  Up to 50% of the plaza may be designed within the street side landscape setback right-of-way; and The major plaza will be flanked on either side by a large pedestrian path, store fronts, patios and/or have a pedestrian loop surrounding it. The plaza shall connect to pedestrian connections established by a Site Plan or Master Site Plan. The plaza shall be constructed with the first phase of commercial development other than for a drive-through; and
• A Ballpark Village Gateway Monument Sign shall be installed at the northeast corner of Estrella Parkway and Bullard Avenue. The size and scale of this monument shall be similar in nature to (Exhibit to be attached) which will match the character and theme being established in the greater Ballpark Village. The monument shall be constructed with the first phase of development on Lot 33.

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.  
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.