| ITEM #: 8. DATE: 04/24/2023 AI #:1428 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | GOODYEAR CELEBRATION PLAZA REZONE |
| STAFF PRESENTER(S): | Katie Wilken, Deputy Director of Planning |
OTHER PRESENTER(S):
Jeff Blilie, Beus Gilbert McGroder PLLC
Mark Reddie, RVI Planning
Mark Reddie, RVI Planning
SUMMARY
This is a public hearing to consider a rezone of approximately 66.6 acres of land generally located at the southwest corner of Litchfield Road and I-10 to a Final Planned Area Development to be known as the Goodyear Celebration Plaza Planned Area Development (PAD) allowing for a mixed-use development under the MF-12 (Multi-Family), MF-24 (Multi-Family), C-O (Commercial Office), and C-2 (General Commercial) zoning districts, as modified in the Goodyear Celebration Plaza Planned Area Development (PAD) and as modified by Ordinance 2023-1562.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
1. ADOPT RESOLUTION NO. 2023-2279 DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS INCORPORATED BY REFERENCE IN ORDINANCE NO. 2023-1562 RELATED TO THE REZONING OF THE GOODYEAR CELEBRATION PLAZA PLANNED AREA DEVELOPMENT.
2. ADOPT ORDINANCE NO. 2023-1562 CONDITIONALLY REZONING APPROXIMATELY 66.6 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LITCHFIELD ROAD AND I-10 FROM PRELIMINARY PLANNED AREA DEVELOPMENT AND PLANNED AREA DEVELOPMENT (PAD) TO FINAL PLANNED AREA DEVELOPMENT (PAD) FOR THE GOODYEAR CELEBRATION PLAZA PLANNED AREA DEVELOPMENT; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Katie Wilken, Deputy Director of Planning)
2. ADOPT ORDINANCE NO. 2023-1562 CONDITIONALLY REZONING APPROXIMATELY 66.6 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LITCHFIELD ROAD AND I-10 FROM PRELIMINARY PLANNED AREA DEVELOPMENT AND PLANNED AREA DEVELOPMENT (PAD) TO FINAL PLANNED AREA DEVELOPMENT (PAD) FOR THE GOODYEAR CELEBRATION PLAZA PLANNED AREA DEVELOPMENT; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Katie Wilken, Deputy Director of Planning)
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 General Plan Land Use Plan designates the subject property as ‘Business & Commerce’. The ‘Business & Commerce’ land use category provides areas for the growth and development of Goodyear’s economic base including large areas for shopping and entertainment. High density residential development is permitted in the Business & Commerce category when located adjacent to a community or regional park, open space area, single family residential, commercial area, or used as a buffer between the Neighborhoods category and Business & Commerce category.
Approximately 25.3 acres of the property subject to the proposed rezoning identified as C and D in Exhibit 1 (Underlying Zoning Districts) of the Celebration Plaza PAD is currently zoned PAD under Ordinance No. 07-1091, adopted on October 9, 2007, which conditionally rezoning 187 acres from Preliminary PAD to Preliminary PAD for a mixed use commercial and industrial development to be known as Airport Gateway at Goodyear PAD, and conditionally rezoning 25 acres from Preliminary PAD to Final PAD for the development of CTCA (now known as City of Hope). Under the Airport Gateway at Goodyear PAD, the 25.3 acres is to be developed as Business Park.
Approximately 41.3 acres of the property subject to the proposed rezoning identified as A, B, and E in Exhibit 1 (Underlying Zoning Districts) of the Celebration Plaza PAD is currently zoned PAD under Ordinance No. 08-1153 adopted on December 15, 2008, which conditionally rezoned the property to Final PAD for a development to be known as Goodyear Palms Plaza. Under the Goodyear Palms Plaza PAD, the 41.3 acres is to be developed as a mixed-use commercial development allowing the uses allowed under C-2 General Commercial zoning district.
DISCUSSION OF THE REZONING
As proposed within the Celebration Plaza PAD, the zoning classifications under the existing zoning would be modified as follows:
Areas Identified in Exhibit 1 (Underlying Zoning District in Celebration Plaza PAD) Current Classifications Classifications Under Celebration Plaza PAD
The applicant has proposed that this area be allowed to be developed as either Commercial Office or Multi-Family 24 (the Hybrid zoning district) subject to the caveat that for a twenty-four month period after the zoning, the area could only be developed as Commercial Office.
The portion of the Property to be developed as multi-family residential is intended to provide for high densities and to that end the proposed Celebration Plaza PAD includes modifications to the development standards that would otherwise to apply to MF-12 (Multi-Family) and MF-24 (Multi-Family) developments. These modifications include, among others:
The proposed rezoning will permit the development of a commercial center along Litchfield Road, but the Celebration Plaza PAD prohibits various uses that would otherwise be allowed in the C-2 (General Commercial) zoning district. It also allows for the development of uses permitted under the C-O (Commercial Office) zoning district.
This item was previously heard by the Planning and Zoning Commission on January 11, 2023. At that hearing, the Commission voted (6-0) to forward a recommendation of approval to the City Council. During the January 23, 2023 public hearing before the City Council, concerns were expressed regarding the proposed multi-family residential zoning classifications and design elements. As such, the Council voted (7-0) to table this item. The item was reheard by the Planning and Zoning Commission at a public hearing held on March 8, 2023. The Commission voted (5-0) to forward a modified staff recommendation to the City Council.
This item was previously heard by the Planning and Zoning Commission on January 11, 2023. At that hearing, the Commission voted (6-0) to forward a recommendation of approval to the City Council. During the January 23, 2023 public hearing before the City Council, concerns were expressed regarding the proposed multi-family residential zoning classifications and design elements. As such, the Council voted (7-0) to table this item. The item was reheard by the Planning and Zoning Commission at a public hearing held on March 8, 2023. The Commission voted (5-0) to forward a modified staff recommendation to the City Council.
Approximately 25.3 acres of the property subject to the proposed rezoning identified as C and D in Exhibit 1 (Underlying Zoning Districts) of the Celebration Plaza PAD is currently zoned PAD under Ordinance No. 07-1091, adopted on October 9, 2007, which conditionally rezoning 187 acres from Preliminary PAD to Preliminary PAD for a mixed use commercial and industrial development to be known as Airport Gateway at Goodyear PAD, and conditionally rezoning 25 acres from Preliminary PAD to Final PAD for the development of CTCA (now known as City of Hope). Under the Airport Gateway at Goodyear PAD, the 25.3 acres is to be developed as Business Park.
Approximately 41.3 acres of the property subject to the proposed rezoning identified as A, B, and E in Exhibit 1 (Underlying Zoning Districts) of the Celebration Plaza PAD is currently zoned PAD under Ordinance No. 08-1153 adopted on December 15, 2008, which conditionally rezoned the property to Final PAD for a development to be known as Goodyear Palms Plaza. Under the Goodyear Palms Plaza PAD, the 41.3 acres is to be developed as a mixed-use commercial development allowing the uses allowed under C-2 General Commercial zoning district.
DISCUSSION OF THE REZONING
As proposed within the Celebration Plaza PAD, the zoning classifications under the existing zoning would be modified as follows:
Areas Identified in Exhibit 1 (Underlying Zoning District in Celebration Plaza PAD) Current Classifications Classifications Under Celebration Plaza PAD
| Areas Identified in Exhibit 1 (Underlying Zoning District in Celebration Plaza PAD) | Current Classifications | Classifications Under Celebration Plaza PAD |
| A (16.6 acres net) | Mixed-Use Commercial (C-2) | Multi-Family 12 (15 du/a) |
| B (13.67 acres net) | Mixed-Use Commercial (C-2) | Multi-Family 24 (30 du/a) |
| C (15.46 acres net) | Business Park | Commercial Office |
| D (9.87 acres net) | Business Park | Commercial Office 1 |
| E (11.03 acres net) | Mixed-Used Commercial (C-2) | General Commercial |
The applicant has proposed that this area be allowed to be developed as either Commercial Office or Multi-Family 24 (the Hybrid zoning district) subject to the caveat that for a twenty-four month period after the zoning, the area could only be developed as Commercial Office.
The portion of the Property to be developed as multi-family residential is intended to provide for high densities and to that end the proposed Celebration Plaza PAD includes modifications to the development standards that would otherwise to apply to MF-12 (Multi-Family) and MF-24 (Multi-Family) developments. These modifications include, among others:
- An increase in the density allowed in the portions of the Property to be developed as MF-12 (Multi-Family) from 12 du/ac to 15 du/ac;
- An increase in the density allowed in the portions of the Property to be developed as MF-24 (Multi-Family) from 24 du/ac to 30 du/ac;
- A minimum overall density for all multi-family residential development within the Property of 18 du/ac;
- A requirement that all residential structures within the portion of the Property to be developed as MF-12 (Multi-Family) shall be at least two-stories.
- Increase in the maximum height allowed for structures within the portion of the Property to be developed as MF-12 (Multi-Family from 25 feet to 30 feet
- Increase in the maximum height allowed for structures within the portion of the Property to be developed as MF-24 Multi-Family from 40 feet to 56 feet.
The proposed rezoning will permit the development of a commercial center along Litchfield Road, but the Celebration Plaza PAD prohibits various uses that would otherwise be allowed in the C-2 (General Commercial) zoning district. It also allows for the development of uses permitted under the C-O (Commercial Office) zoning district.
This item was previously heard by the Planning and Zoning Commission on January 11, 2023. At that hearing, the Commission voted (6-0) to forward a recommendation of approval to the City Council. During the January 23, 2023 public hearing before the City Council, concerns were expressed regarding the proposed multi-family residential zoning classifications and design elements. As such, the Council voted (7-0) to table this item. The item was reheard by the Planning and Zoning Commission at a public hearing held on March 8, 2023. The Commission voted (5-0) to forward a modified staff recommendation to the City Council.
This item was previously heard by the Planning and Zoning Commission on January 11, 2023. At that hearing, the Commission voted (6-0) to forward a recommendation of approval to the City Council. During the January 23, 2023 public hearing before the City Council, concerns were expressed regarding the proposed multi-family residential zoning classifications and design elements. As such, the Council voted (7-0) to table this item. The item was reheard by the Planning and Zoning Commission at a public hearing held on March 8, 2023. The Commission voted (5-0) to forward a modified staff recommendation to the City Council.
STAFF ANALYSIS
Current Policy:
A rezoning request requires public review by the Planning and Zoning Commission and approval from the City Council. The proposed amendment must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance.
Details of the Request:
The request is to rezone the subject property from Preliminary PAD and PAD to PAD. The new PAD will be known as the Celebration Plaza. The PAD originally heard by the Planning and Zoning Commission was dated January 9, 2023. A revised PAD, resulting from the January 23 Council meeting, is dated February 7, 2023. Although the minor differences between the Celebration Plaza PAD presented in January and the Celebration Plaza PAD presented herein are discussed below, copies of both documents are attached.
The PAD will include the following zoning districts: approximately 11 acres of General Commercial (C-2); approximately 15.5 acres of Commercial Office (C-O); approximately 13.7 acres of Multi-Family (MF-24); approximately 9.9 acres of MF-24/C-O hybrid; and, approximately 16.6 acres of Multi-family (MF-12) with a PAD Overlay to modify the development standards as outlined below:
C-O District Modifications:
MF-24/C-O Hybrid:
However, as discussed below, staff’s recommendation at the subsequent Planning and Zoning Commission meeting, and to Council, is that the zoning designation for Area D (designated as a hybrid zoning area in the PAD) be designated as C-O (Commercial Office).
The PAD Overlay also prohibits specific uses within the C-2 district and restricts that no more than one drive-through restaurant and one gas station are allowed with the approval of a use permit. The list of prohibited uses, specified in the PAD Overlay, are intended to ensure the commercial development includes a mix of retail, office, and hotel, similar to what was originally approved in the Goodyear Palms Plaza PAD.
Finally, the PAD Overlay requires a public trail system and centralized 1.5-acre public park as well as an architectural character guide providing for a cohesive and connected development.
All other development standards not included in the PAD Overlay, will be regulated in accordance with the standards of the City of Goodyear Zoning Ordinance, Design Guidelines, Subdivision Regulations and other regulatory documents. Although a conceptual site plan has been provided for review, no development plans will be approved with the rezone application. Public Trails and Private Trails of the level and intensity reflected in the Pedestrian Circulation & Open Space Plan, attached as Exhibit 3 of Celebration Plaza PAD, are required to be constructed within the Property as it develops.
Evaluation Criteria:
1. Consistency with the General Plan.
As mentioned in the Backgrounds and Previous Actions section, the General Plan designates this area as Business & Commerce. Business & Commerce provides for areas for growth and development of Goodyear’s economic base including, but not limited to, community level retail, service-oriented businesses, business parks, offices, regional hospitals, and high density residential that supports the area.
General Plan Standard 36: Commercial and office uses are appropriate throughout the Business & Commerce category; General Plan Standard 39: Businesses with high employment density are encouraged to locate adjacent to high capacity roadway corridors and transit corridors to leverage high visibility and vehicular/pedestrian access.
Depending upon Council’s decision regarding the underlying zoning classification for Area D Identified in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD as the Hybrid Zoning District that could be developed as either MF-24 or Commercial Office, the rezone includes approximately 11 acres of General Commercial and either approximately 30 or 40 acres of Multi-Family and either approximately 15 or 25 acres of Commercial Office. The property is located directly south of I-10 and between Litchfield Road and Bullard Avenue, both highly trafficked arterial streets.
General Plan Standard 41: High density residential development is permitted in the Business & Commerce district category when located adjacent to a community or regional park, open space area, single family residential, commercial area or used as a buffer between the Neighborhoods category and Business & Commerce category. Circulation and access to necessary amenities such as schools and grocery stores, and compatibility with surrounding existing and planned uses shall be taken into account when considering this type of use in the Business & Commerce category.
The rezone as originally presented during the January 23, 2023 public hearing proposed approximately 40 acres of multi-family, which includes both MF-12 and MF-24 zoning districts. Following the Council hearing on January 23, 2023, changes were made to the PAD and the rezoning ordinance. Under the rezoning ordinance being presented, approximately 10 of those 40 acres would be designated as a hybrid parcel that could only develop as Commercial Office for the first 24 months following Council approval.
The proposed modifications to the development standards enable the MF-24 area to be developed with a maximum density of 30 dwelling units per acre and the MF-12 area to range between 10-15 dwelling units per acre. The PAD Overlay also requires that the minimum combined net density for both districts shall be 18 dwelling units per acre. This ensures that the intent of the General Plan’s density standards are being met. Additionally, the PAD Overlay incorporates a 1.5-acre park and trail system, available to the public, adjacent to the multi-family and connecting all uses within the subject property. The multi-family included with this rezone will support the proposed office and retail uses as well as the existing retail uses along Litchfield Road.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The Property is currently used for farming activities. The property’s physical and natural features are suitable for the proposed commercial and residential uses as the property will be required to be graded and developed in accordance with all applicable engineering design guidelines and standards.
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 – I-10 freeway
East – Palm Valley AutoPlex (including Yates, Amazon, Rudy’s BBQ, Starbucks)
South – City of Hope facility (fka Cancer Treatment Center of America); TownePlace Suites by Marriott; Goodyear Village Center
West – City of Hope; vacant land currently designated as Preliminary Planned Area Development (proposed for light industrial)
The mix of commercial and high-density residential uses will support the surrounding businesses and provide for additional employment opportunities within the community.
4. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning.
Luke Air Force Base:
The subject property is located within the vicinity of a military airport. Notice was provided to Luke AFB and they have indicated that given the location of the subject property, base operations will not be adversely impacted by the proposed uses within this rezone request. Stipulations have been included to require proper disclosures for future owners/tenants.
Phoenix-Goodyear Airport:
The subject property is located within the Phoenix-Goodyear Traffic Pattern Airspace. Notice was provided to Phoenix-Goodyear Airport and they have indicated that the site is within the airport’s traffic pattern airspace. However, they do not have any concerns and stipulations have been included to require proper disclosures for future owners/tenants.
5. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand.
As discussed in the Backgrounds & Previous Actions section above, there are substantial changes in the uses that could be developed on the subject property. The existing zoning does not allow for any residential development. Under the proposed development, depending upon whether the area that is identified in the Celebration Plaza PAD is developed as Commercial or Residential, either approximately 46% or 62% of the property subject to the rezoning would be developed as high density residential with reduced development standards. The property owner has represented that there is a need for multi-family residential development in this area and the proposed multi-family residential development would provide a mix of housing options with walkable employment opportunities, amenities, and retail options.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Below is a summary of impact to public services.
A rezoning request requires public review by the Planning and Zoning Commission and approval from the City Council. The proposed amendment must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance.
Details of the Request:
The request is to rezone the subject property from Preliminary PAD and PAD to PAD. The new PAD will be known as the Celebration Plaza. The PAD originally heard by the Planning and Zoning Commission was dated January 9, 2023. A revised PAD, resulting from the January 23 Council meeting, is dated February 7, 2023. Although the minor differences between the Celebration Plaza PAD presented in January and the Celebration Plaza PAD presented herein are discussed below, copies of both documents are attached.
The PAD will include the following zoning districts: approximately 11 acres of General Commercial (C-2); approximately 15.5 acres of Commercial Office (C-O); approximately 13.7 acres of Multi-Family (MF-24); approximately 9.9 acres of MF-24/C-O hybrid; and, approximately 16.6 acres of Multi-family (MF-12) with a PAD Overlay to modify the development standards as outlined below:
C-O District Modifications:
- Increase maximum building height from 30 feet to 56 feet
- This modification will allow for taller office buildings, providing for consistency between the existing 54-foot tall City of Hope building and future general commercial buildings along the I-10.
- Increase maximum density from 24 dwelling units per acre to 30 dwelling units per acre.
- The increase in density will provide an overall increase of residential density within the subject property in order to meet the requirements of the General Plan.
- Increase maximum building height from 40 feet to 56 feet.
- The increase in maximum height will enable the similar height and scale of buildings along the I-10.
- Update density from a maximum of 12 dwelling units per acre to 15 dwelling units per acre and impose a minimum density of 10 dwelling units per acre
- Reduce the minimum lot with from 200 feet to 22 feet to allow for subdivided lots.
- Increase the maximum height from 25 feet to 30 feet.
- Require a minimum of two stories for all units.
- Increase maximum building coverage from 50% to 75%.
- Reduce the rear setback (north side) from 30 feet to 20 feet.
- Reduce the side setbacks (east and west sides) from 20 feet to 10 feet.
- Includes interior building setbacks, applicable to subdivided lots only. These standards are not currently contemplated in the MF-12 district.
MF-24/C-O Hybrid:
- The owner wanted the Area D to have an underlying zoning designation of MF-24. Staff was not supportive of this, but initially worked with the property owner to establish a hybrid zoning area that could be developed as either MF-24 (Multi-Family) or C-O (Commercial Office). The original proposal heard by the Commission included a stipulation that for the 18 months following City Council adoption of Ordinance 2023-1562, the hybrid zoning area identified in the PAD Overlay would be developed as C-O (Commercial Office). If the Hybrid Zoning area was not developed within 18 months of adoption of the Ordinance, then it could be developed as either MF-24 Multi-Family Residential or CO Commercial Office.
However, as discussed below, staff’s recommendation at the subsequent Planning and Zoning Commission meeting, and to Council, is that the zoning designation for Area D (designated as a hybrid zoning area in the PAD) be designated as C-O (Commercial Office).
The PAD Overlay also prohibits specific uses within the C-2 district and restricts that no more than one drive-through restaurant and one gas station are allowed with the approval of a use permit. The list of prohibited uses, specified in the PAD Overlay, are intended to ensure the commercial development includes a mix of retail, office, and hotel, similar to what was originally approved in the Goodyear Palms Plaza PAD.
Finally, the PAD Overlay requires a public trail system and centralized 1.5-acre public park as well as an architectural character guide providing for a cohesive and connected development.
All other development standards not included in the PAD Overlay, will be regulated in accordance with the standards of the City of Goodyear Zoning Ordinance, Design Guidelines, Subdivision Regulations and other regulatory documents. Although a conceptual site plan has been provided for review, no development plans will be approved with the rezone application. Public Trails and Private Trails of the level and intensity reflected in the Pedestrian Circulation & Open Space Plan, attached as Exhibit 3 of Celebration Plaza PAD, are required to be constructed within the Property as it develops.
Evaluation Criteria:
1. Consistency with the General Plan.
As mentioned in the Backgrounds and Previous Actions section, the General Plan designates this area as Business & Commerce. Business & Commerce provides for areas for growth and development of Goodyear’s economic base including, but not limited to, community level retail, service-oriented businesses, business parks, offices, regional hospitals, and high density residential that supports the area.
General Plan Standard 36: Commercial and office uses are appropriate throughout the Business & Commerce category; General Plan Standard 39: Businesses with high employment density are encouraged to locate adjacent to high capacity roadway corridors and transit corridors to leverage high visibility and vehicular/pedestrian access.
Depending upon Council’s decision regarding the underlying zoning classification for Area D Identified in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD as the Hybrid Zoning District that could be developed as either MF-24 or Commercial Office, the rezone includes approximately 11 acres of General Commercial and either approximately 30 or 40 acres of Multi-Family and either approximately 15 or 25 acres of Commercial Office. The property is located directly south of I-10 and between Litchfield Road and Bullard Avenue, both highly trafficked arterial streets.
General Plan Standard 41: High density residential development is permitted in the Business & Commerce district category when located adjacent to a community or regional park, open space area, single family residential, commercial area or used as a buffer between the Neighborhoods category and Business & Commerce category. Circulation and access to necessary amenities such as schools and grocery stores, and compatibility with surrounding existing and planned uses shall be taken into account when considering this type of use in the Business & Commerce category.
The rezone as originally presented during the January 23, 2023 public hearing proposed approximately 40 acres of multi-family, which includes both MF-12 and MF-24 zoning districts. Following the Council hearing on January 23, 2023, changes were made to the PAD and the rezoning ordinance. Under the rezoning ordinance being presented, approximately 10 of those 40 acres would be designated as a hybrid parcel that could only develop as Commercial Office for the first 24 months following Council approval.
The proposed modifications to the development standards enable the MF-24 area to be developed with a maximum density of 30 dwelling units per acre and the MF-12 area to range between 10-15 dwelling units per acre. The PAD Overlay also requires that the minimum combined net density for both districts shall be 18 dwelling units per acre. This ensures that the intent of the General Plan’s density standards are being met. Additionally, the PAD Overlay incorporates a 1.5-acre park and trail system, available to the public, adjacent to the multi-family and connecting all uses within the subject property. The multi-family included with this rezone will support the proposed office and retail uses as well as the existing retail uses along Litchfield Road.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The Property is currently used for farming activities. The property’s physical and natural features are suitable for the proposed commercial and residential uses as the property will be required to be graded and developed in accordance with all applicable engineering design guidelines and standards.
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 – I-10 freeway
East – Palm Valley AutoPlex (including Yates, Amazon, Rudy’s BBQ, Starbucks)
South – City of Hope facility (fka Cancer Treatment Center of America); TownePlace Suites by Marriott; Goodyear Village Center
West – City of Hope; vacant land currently designated as Preliminary Planned Area Development (proposed for light industrial)
The mix of commercial and high-density residential uses will support the surrounding businesses and provide for additional employment opportunities within the community.
4. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning.
Luke Air Force Base:
The subject property is located within the vicinity of a military airport. Notice was provided to Luke AFB and they have indicated that given the location of the subject property, base operations will not be adversely impacted by the proposed uses within this rezone request. Stipulations have been included to require proper disclosures for future owners/tenants.
Phoenix-Goodyear Airport:
The subject property is located within the Phoenix-Goodyear Traffic Pattern Airspace. Notice was provided to Phoenix-Goodyear Airport and they have indicated that the site is within the airport’s traffic pattern airspace. However, they do not have any concerns and stipulations have been included to require proper disclosures for future owners/tenants.
5. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand.
As discussed in the Backgrounds & Previous Actions section above, there are substantial changes in the uses that could be developed on the subject property. The existing zoning does not allow for any residential development. Under the proposed development, depending upon whether the area that is identified in the Celebration Plaza PAD is developed as Commercial or Residential, either approximately 46% or 62% of the property subject to the rezoning would be developed as high density residential with reduced development standards. The property owner has represented that there is a need for multi-family residential development in this area and the proposed multi-family residential development would provide a mix of housing options with walkable employment opportunities, amenities, and retail options.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Below is a summary of impact to public services.
Fire Response:
Emergency response times and distances are provided below:
Police Response:
The subdivision is located within an existing Police patrol beat and the current level of service within the beat can accommodate the development of the property.
School Districts:
The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. The application was sent to the school districts for comment and no objection was received.
Streets/Transportation:
At this time, the development would be accessible from Litchfield Road via the signalized intersections at Test Drive and Celebrate Life Way. Along Celebrate Life Way, 143rd Avenue would provide access to all uses within the subject property. At the time of preliminary plat/site plan reviews, further traffic impact studies will be required and the necessary connections to public streets will be reviewed for compliance with City engineering and public safety standards, including additional pavement for a bike lane along Litchfield Road.
Water/Wastewater:
The subject property is located within the City of Goodyear water and wastewater service area.
Solid Waste/Recycling:
Solid waste and recycling services for the property will be contracted through a private commercial provider.
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 proximity to where existing public services are provided.
8. General public’s concerns.
Public Participation:
Citizen Review Process
Pursuant to the Citizen Review process, a neighborhood meeting was held on October 18, 2022. The applicant was prepared with a presentation for any and all attendees and staff and the applicant were available for questions. Four people from the public attended this meeting. Three people were employees of the adjacent hotel and were interested in the proposed development. One resident also attended to hear about the proposal and did not state any objections. To date, staff has not received any objection to the proposed rezone. Staff recently received a letter from the President of City of Hope Phoenix dated February 7, 2023 supporting the proposed rezoning, a copy of which is attached hereto.
January 11, 2023 Planning and Zoning Hearing
Notice for the January 11, 2023 public hearings before the Planning and Zoning Commission and City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on December 23, 2022; and a notice of public hearings sign posted on the property.
The Planning and Zoning Commission heard this item at a public hearing held on January 11, 2023. At that hearing, the Commission was supportive of the request and voted (6-0) to forward a recommendation of approval to the City Council.
January 23, 2023 City Council Hearing
The City Council heard this item at a public hearing held on January 23, 2023. Some of the Councilmembers expressed concerns with the proposal, including: the large amount of multi-family zoning proposed along the freeway; whether the hybrid term of 18 months was adequate to secure a desired medical office user on the site; potential effects the development could have on the City of Hope facility; and, the need for additional design enhancements for the multi-family buildings. Given these concerns, the Council voted to table the item.
Revisions to Rezoning Request Following January 23, 2023 City Council Hearing
After Council tabled its consideration of the rezoning request, the property owner amended the Celebration Plaza PAD as follows:
Based on concerns expressed previously about the development of Area D (the hybrid zoning area) as MF-24, staff was not supportive of Area D being designated as a hybrid zoning area that could be developed as MF-24 or C-O (Commercial Office). Instead, staff supported the development of the portion of Area D Identified in Exhibit 1 (Underlying Zoning Districts) in Celebration Plaza PAD as the Hybrid Zoning District be developed solely as Commercial Office. Accordingly, staff included a stipulation (Stipulation No. 2 of Ordinance No. 2023-1562) that modified the zoning district for Area D from the Hybrid Zoning District to the Commercial Office Zoning District to address the concerns expressed by Council regarding the development of this area as MF-24 and the desire of city staff to see this area developed as a medical office complex.
Stipulation 2 reads as follows:
The portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD that has been designated as a Hybrid Zoning District that can be developed as either Commercial Office or MF-24 shall be solely developed as C-O (Commercial Office). No multi-family uses shall be developed on the portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD;
March 8, 2023 Planning and Zoning Hearing
Because of the above-mentioned changes, this rezoning required rehearing by the Planning and Zoning Commission and City Council. Notice for the March 8, 2023 public hearings before the Planning and Zoning Commission and the March 20, 2023 hearing before City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on February 17, 2023; and a notice of public hearings sign posted on the property. Staff did not receive any public inquiries on the request.
At the March 8, 2023, public hearing before the Planning and Zoning Commission, the Commission heard a presentation from staff, including the proposed changes to the request since the item was tabled. During the hearing, Commissioners asked the following:
If the hybrid parcel is zoned solely for commercial office, would a rezoning be required in the future if multi-family development is desired?
Staff responded in the affirmative.
Other than the support of the applicant/owner for the proposed rezoning, no one spoke in support or opposition to the proposed rezoning during the public hear. Upon close of the public hearing, the Commission amended the staff recommendation to remove Stipulation No. 2 from Ordinance No. 2023-1562, which would have required Area D to be developed as commercial office use. The Commission then voted 5-0 to forward this amended recommendation to the City Council.
April 24, 2023 City Council Hearing
As originally scheduled, this item was to be heard by the City Council on March 20, 2023. However, at the request of Council, the item has since been scheduled for consideration by the City Council at a public hearing to be held on April 24, 2023. Notice for the April 24 public hearing was conducted in accordance with all applicable City and State regulations concerning such notice. To date, staff has not received anything in opposition to or in support of the request in response to the revised notice of public hearing.
In accordance with the above Commission recommendation, Ordinance No. 2023-1562, as attached hereto, reflects the removal of former Stipulation No. 2 regarding the Hybrid parcel. Should Council desire to limit said parcel exclusively to office development, then the language of former Stipulation No. 2 will need to be added to the Ordinance via a Council motion made during the April 24 public hearing.
9. Whether the amendment promotes orderly growth and development;
The subject property is an infill site and located adjacent to existing infrastructure and developed areas. The amendment will allow development of the subject property and promotes the orderly growth and development of the City.
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 development will be required to adhere to all applicable building, and engineering standards of the City of Goodyear. Adherence to these standards will be evaluated during the preliminary plat/site plan, civil engineering, and building plan review processes.
Staff Recommendations and Findings:
Ordinance 2023-1562 is being presented in the form recommended for approval by the Planning and Zoning Commission, that is with the stipulation that required the Hybrid Parcel (Area D) to be developed as Commercial Office. Nonetheless, staff recommends that Council amend Ordinance No. 2023-1562 to add the following stipulation:
The portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD that has been designated as a Hybrid Zoning District that can be developed as either Commercial Office or MF-24 shall be designated as the C-O (Commercial Office) underlying zoning district. No multi-family uses shall be developed on the portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD;
Staff’s recommendation is based on the following:
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 | ||||
| #181 | Mins | Miles | Mins | Miles | #181 | Mins | Miles | Mins | Miles |
| 2.75 | 0.87 | 2.75 | .087 | 5.12 | 2.06 | 5.12 | 2.06 | ||
Police Response:
The subdivision is located within an existing Police patrol beat and the current level of service within the beat can accommodate the development of the property.
School Districts:
The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. The application was sent to the school districts for comment and no objection was received.
Streets/Transportation:
At this time, the development would be accessible from Litchfield Road via the signalized intersections at Test Drive and Celebrate Life Way. Along Celebrate Life Way, 143rd Avenue would provide access to all uses within the subject property. At the time of preliminary plat/site plan reviews, further traffic impact studies will be required and the necessary connections to public streets will be reviewed for compliance with City engineering and public safety standards, including additional pavement for a bike lane along Litchfield Road.
Water/Wastewater:
The subject property is located within the City of Goodyear water and wastewater service area.
Solid Waste/Recycling:
Solid waste and recycling services for the property will be contracted through a private commercial provider.
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 proximity to where existing public services are provided.
8. General public’s concerns.
Public Participation:
Citizen Review Process
Pursuant to the Citizen Review process, a neighborhood meeting was held on October 18, 2022. The applicant was prepared with a presentation for any and all attendees and staff and the applicant were available for questions. Four people from the public attended this meeting. Three people were employees of the adjacent hotel and were interested in the proposed development. One resident also attended to hear about the proposal and did not state any objections. To date, staff has not received any objection to the proposed rezone. Staff recently received a letter from the President of City of Hope Phoenix dated February 7, 2023 supporting the proposed rezoning, a copy of which is attached hereto.
January 11, 2023 Planning and Zoning Hearing
Notice for the January 11, 2023 public hearings before the Planning and Zoning Commission and City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on December 23, 2022; and a notice of public hearings sign posted on the property.
The Planning and Zoning Commission heard this item at a public hearing held on January 11, 2023. At that hearing, the Commission was supportive of the request and voted (6-0) to forward a recommendation of approval to the City Council.
January 23, 2023 City Council Hearing
The City Council heard this item at a public hearing held on January 23, 2023. Some of the Councilmembers expressed concerns with the proposal, including: the large amount of multi-family zoning proposed along the freeway; whether the hybrid term of 18 months was adequate to secure a desired medical office user on the site; potential effects the development could have on the City of Hope facility; and, the need for additional design enhancements for the multi-family buildings. Given these concerns, the Council voted to table the item.
Revisions to Rezoning Request Following January 23, 2023 City Council Hearing
After Council tabled its consideration of the rezoning request, the property owner amended the Celebration Plaza PAD as follows:
- A color palette with additional colors was incorporated into the PAD and language was included discouraging the use of other colors. Specifically, gray and white will be only permitted as accents, with the use of more vibrant colors required for the predominance of the buildings.
- The MF-12 zoning designation allows for the subdividing of attached units into individual lots. The Celebration Plaza PAD includes separate development standards in the event of subdivision. The lot coverage for subdivided attached residences has been increased from 75% to 85%, as requested by staff, given attached buildings generally need a greater lot coverage.
- In addition, the period during which the portion of the property identified as the “Hybrid” zoning district could be developed only as C-O (Commercial Office) was increased from 18 months to 24 months. Although the PAD was amended to delay the development of this area as MF-24 from 18 months to 24 months, so city staff can pursue developers that might be willing to develop this area as a medical complex, there is nothing that would require the property owner to sell the property to a potential developer for such medical complex.
Based on concerns expressed previously about the development of Area D (the hybrid zoning area) as MF-24, staff was not supportive of Area D being designated as a hybrid zoning area that could be developed as MF-24 or C-O (Commercial Office). Instead, staff supported the development of the portion of Area D Identified in Exhibit 1 (Underlying Zoning Districts) in Celebration Plaza PAD as the Hybrid Zoning District be developed solely as Commercial Office. Accordingly, staff included a stipulation (Stipulation No. 2 of Ordinance No. 2023-1562) that modified the zoning district for Area D from the Hybrid Zoning District to the Commercial Office Zoning District to address the concerns expressed by Council regarding the development of this area as MF-24 and the desire of city staff to see this area developed as a medical office complex.
Stipulation 2 reads as follows:
The portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD that has been designated as a Hybrid Zoning District that can be developed as either Commercial Office or MF-24 shall be solely developed as C-O (Commercial Office). No multi-family uses shall be developed on the portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD;
March 8, 2023 Planning and Zoning Hearing
Because of the above-mentioned changes, this rezoning required rehearing by the Planning and Zoning Commission and City Council. Notice for the March 8, 2023 public hearings before the Planning and Zoning Commission and the March 20, 2023 hearing before City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on February 17, 2023; and a notice of public hearings sign posted on the property. Staff did not receive any public inquiries on the request.
At the March 8, 2023, public hearing before the Planning and Zoning Commission, the Commission heard a presentation from staff, including the proposed changes to the request since the item was tabled. During the hearing, Commissioners asked the following:
- What is the occupancy rate for office in the city?
If the hybrid parcel is zoned solely for commercial office, would a rezoning be required in the future if multi-family development is desired?
Staff responded in the affirmative.
- Is there concern from the City of Hope on the proposed request?
- Are additional multi-family opportunities are being provided in city?
Other than the support of the applicant/owner for the proposed rezoning, no one spoke in support or opposition to the proposed rezoning during the public hear. Upon close of the public hearing, the Commission amended the staff recommendation to remove Stipulation No. 2 from Ordinance No. 2023-1562, which would have required Area D to be developed as commercial office use. The Commission then voted 5-0 to forward this amended recommendation to the City Council.
April 24, 2023 City Council Hearing
As originally scheduled, this item was to be heard by the City Council on March 20, 2023. However, at the request of Council, the item has since been scheduled for consideration by the City Council at a public hearing to be held on April 24, 2023. Notice for the April 24 public hearing was conducted in accordance with all applicable City and State regulations concerning such notice. To date, staff has not received anything in opposition to or in support of the request in response to the revised notice of public hearing.
In accordance with the above Commission recommendation, Ordinance No. 2023-1562, as attached hereto, reflects the removal of former Stipulation No. 2 regarding the Hybrid parcel. Should Council desire to limit said parcel exclusively to office development, then the language of former Stipulation No. 2 will need to be added to the Ordinance via a Council motion made during the April 24 public hearing.
9. Whether the amendment promotes orderly growth and development;
The subject property is an infill site and located adjacent to existing infrastructure and developed areas. The amendment will allow development of the subject property and promotes the orderly growth and development of the City.
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 development will be required to adhere to all applicable building, and engineering standards of the City of Goodyear. Adherence to these standards will be evaluated during the preliminary plat/site plan, civil engineering, and building plan review processes.
Staff Recommendations and Findings:
Ordinance 2023-1562 is being presented in the form recommended for approval by the Planning and Zoning Commission, that is with the stipulation that required the Hybrid Parcel (Area D) to be developed as Commercial Office. Nonetheless, staff recommends that Council amend Ordinance No. 2023-1562 to add the following stipulation:
The portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD that has been designated as a Hybrid Zoning District that can be developed as either Commercial Office or MF-24 shall be designated as the C-O (Commercial Office) underlying zoning district. No multi-family uses shall be developed on the portion of the Property identified as D in Exhibit 1 (Underlying Zoning Districts) in the Celebration Plaza PAD;
Staff’s recommendation is based on the following:
- There is a lack of commercial office space in the City. As noted above, the occupancy rate of the available office space is at 91%.
- When the Cancer Treatment Center (“CTCA”) was developed, the vision was that it would drive the development of medical office complexes around CTCA, similar to what has been occurring around the Abrazo West Campus. City of Hope’s acquisition of CTCA has renewed the staff’s support for this vision, again, because of what has occurred around the Abrazo West Campus.
- There is an influx of multi-family residential units planned in Goodyear, much of which is located within a two to five-mile radius from the property being rezoned. Currently, more than 10,000 multi-family residential units are in some stage of the entitlement/development process, and the proposed rezoning, even without Area D being developed as multi-family residential, will allow the development of more than 635 multi-family residential units.
Attachments
- 1. Resolution
- 1a. Supplementary Zoning Map
- 1b. Legal Description
- 1c. Celebration Plaza PAD
- 2. Ordinance
- 3. Aerial Photo
- 4. Project Narrative
- 5. City of Hope Letter of Support
- 6. Celebration Plaza PAD January 9, 2023
- Staff Presentation