Brennan Ray, Burch & Cracchiolo, P.A.

A request for a rezone of approximately 11.37 acres west of the southwest corner of Estrella Parkway and Van Buren Street from Final Planned Area Development (PAD) with underlying C-2 (General Commercial) zoning to Final PAD with underlying MF-24 (Multi-Family) zoning for the anticipated development of a 3 & 4-story (50 feet high) 284-unit apartment complex at a density of 25 dwelling units per acre by Leon Capital Group.

1. Conduct a public hearing to consider a request to rezone approximately 11.37 acres west of the southwest corner of Estrella Parkway and Van Buren Street from Final Planned Area Development (PAD) with underlying C-2 (General Commercial) zoning to Final PAD with underlying MF-24 (Multi-Family) zoning; and,
2. Recommend approval of the request to rezone approximately 11.37 acres west of the southwest corner of Estrella Parkway and Van Buren Street from Final Planned Area Development (PAD) with underlying C-2 (General Commercial) zoning to Final PAD with underlying MF-24 (Multi-Family) zoning, as set forth in the draft of Ordinance No. 2023-1593. (Karen Craver, Principal Planner)

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.

The approximately 11.37 acres west of the southwest corner of Estrella Parkway and Van Buren Street (the “Property”) that is the subject of this rezoning application are part of the 19.1 acres that were rezoned to Final Planned Area Development (PAD) with underlying C-2 (General Commercial) zoning as part of the overall approval of the Hudson Commons PAD. Approved by the City Council in 2016, with the adoption of Ordinance No. 16-1326 on January 11, 2016, the 102-acre PAD included a 16.6-acre multi-family parcel and a 66.5-acre single family parcel, as well was the 19.1 acres of commercial zoning. Since the 2016 PAD approval, the multi-family parcel was developed with a single-story rental product, and development of the single-family parcel is nearing completion.

This rezoning application has not previously been presented to the Planning & Zoning Commission or the City Council.

Current Policy:
A request to rezone property requires public review by the Planning and Zoning Commission and public review and approval by the City Council. The proposed rezone must be consistent with the General Plan and should not adversely impact the surrounding area.

Details of the Request:
The proposed rezoning changes the designation of the Property, subject to the Hudson Commons PAD adopted by Ordinance 2016-1326, from C-2 to MF-24. Under the proposed rezoning, the Property would be developed in accordance with the requirements of the MF-24 zoning in the Hudson Commons PAD, as modified by the stipulations in Ordinance 2016-1326, with the following exceptions.   

• It modifies the building setback along the western boundary of the Property
• It increases the maximum height allowed if the Property is developed as MF-24 (unsubdivided) for one building located along the frontage of Van Buren Street from 40 feet to 50 feet
• It includes requirements for additional design elements
• It allows encroachments of up to 5 feet above the maximum building height for the Property, subject to the Hudson Commons PAD, for parapets, architectural features, screening, and the like
• It includes terms that will allow for an increase in the density from 24 du/ac to 25 du/ac if the Property is developed as MF-24 (unsubdivided) in exchange for additional recreational open space amenities
• It reduces the perimeter landscape setback along the western boundary of the Property from 20 feet to 12 feet if the Property is developed as MF-24 (unsubdivided)  

The modifications are needed to support the development of a project to be known as “The Statler at Estrella Parkway,” which is described below.

The applicant/owner, Leon Capital Group (LCG), anticipates developing a 4-building apartment complex, to be known as “The Statler at Estrella Parkway”, on the Property, located on the south side of Van Buren Street, approximately 250 feet west of Estrella Parkway between the developing commercial parcel of the Hudson Commons PAD and the single-family parcel of the PAD that is nearing completion. The Property extends from Van Buren south to Hudson Way, a public collector street extending west from Estrella Parkway. As the property currently has an underlying C-2 (General Commercial) zoning, a rezoning to multi-family is required to facilitate the anticipated development of the property. If this rezone is approved, LCG intends to submit a site plan application for the apartment complex.

The Conceptual Site Plan submitted with the rezoning application depicts two 3-story apartment buildings, one adjacent to Hudson Way and one on three sides of the clubhouse/leasing office building and amenity area in the center of the site, and one 4-story apartment building adjacent to the Van Buren Street frontage of the Property that steps down to 3-stories along the western side of the building. Within the three apartment buildings, LCG is proposing 284 units on the 11.37-acre Property, for a density of 25 du/ac. The requested underlying MF-24 zoning allows a maximum of 24 du/ac. As depicted on the Conceptual Site Plan, the 284 units are comprised of:

• 156 one-bedroom units
• 118 two-bedroom units
• 10 three-bedroom units

To achieve the 25 du/ac, LCG is also proposing that the 4-story building be constructed at a maximum height of 50 feet. The requested underlying MF-24 zoning allows a maximum building height of 40 feet. As such, a request for an additional 10 feet of building height is a part of this rezoning application.

The Conceptual Site Plan submitted with the rezoning application also depicts a 12-foot wide landscape buffer along the west property line adjacent to the Hudson Commons PAD single-family parcel. The PAD approved in 2016 required a 20-foot landscape buffer between the original 19.1-acre commercial parcel and the single-family parcel. As such, a request to reduce the landscape buffer from 20 feet to 12 feet is part of this rezoning application.



The rezoning increases the maximum height of one building fronting Van Buren Street from 40 feet to 50 feet. In requesting approval of a maximum building height of 50 feet for this building, LCG has agreed that the following design enhancements will be required to be included in the development of the Property.

• Elevations of buildings facing public right-of-way shall consist of no less than three major exterior materials (such as stucco, cementitious siding, paneling, stone, stone veneer, etc). No single material on an elevation facing the public right-of-way shall exceed 50% of the area; and
• All building elevations shall have no less than 3 major colors (including material colors) and one accent color. At least one accent color shall represent colors of the desert. Major colors shall avoid grey tones and provide enough contrast to avoid a monolith appearance; and
• Building elevations shall include awnings or other shade structures over balconies and patios; and
• Buildings facing public right-of-way shall have horizontal movement of at least 24" every 100 linear feet in order to provide shadow lines and elevation interest; and
• The architectural theme for all buildings shall have a modern aesthetic with clean lines and avoid a side-by-side stacked unit appearance. To assist in reducing the stacked appearance, the first level of the elevations facing the public right-of-way shall consist of no less than 40% of a stone, block, or masonry veneer (stone, brick, or block) to create a base foundation to the elevation; and
• The roof lines of all buildings shall have vertical movement with the use of different parapet heights, equipment screening heights, but be consistent with the modern aesthetic architecture.

With the cited design enhancements, which staff has recommended a stipulation of approval for compliance with, staff is able to support the requested maximum building height of 50 feet.

The applicant is requesting approval of a maximum density of 25 du/ac, if the property is developed as MF-24 (unsubdivided). With the provision of additional recreational open space amenities in excess of the minimum requirements in the Hudson Commons PAD, for which staff has recommended a stipulation of approval, staff is able to support the requested maximum density of 25 du/ac.

Staff is also able to support the reduction of the landscape buffer width along the west property line adjacent to the single-family parcel from 20 feet to 12 feet if the rezoning application to change the underlying zoning from C-2 to MF-24 is approved.

Two items included with the rezoning application that staff is not yet able to support are the Recreation Open Space Areas plan, and the Parking Reduction Statement, which included the reduced parking plan depicted on the Conceptual Site Plan. Staff and LCG began discussions on additional components of both items, that if provided, could result in staff support of them. Staff has recommended a stipulation of approval that both items be revised, per the discussions that have been held, and submitted with the site plan application if the rezone is approved.

Evaluation Criteria:
1. Consistency with the General Plan.
The 2025 Goodyear General Plan designates the Property as Business & Commerce, which provides areas for the growth and development of Goodyear’s economic base, and also provides for high density residential development that supports the areas. The requested rezone to Final PAD with underlying MF-24 zoning to facilitate the development of a 3 & 4-story (50 feet high) 284-unit apartment complex at a density of 25 dwelling units per acre is consistent with the General Plan.

2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The Property is a vacant, flat site which has been previously used for agriculture. The Property’s physical and natural features are suitable for the development of a 3 & 4-story (50 feet high) 284-unit apartment complex at a density of 25 dwelling units per acre.

3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
Uses and zoning surrounding the Property include:
North – Canyon Trails Plaza (Safeway) zoned PAD with underlying C-2 zoning
South – The Bungalows at Estrella (single-story rental) zoned PAD with underlying MF-24 zoning
East – Hudson Commons commercial development including Culver’s and SomeBurros, as well as the remainder of the commercial parcel, zoned PAD with underlying C-2 zoning
West – Hudson Commons single-family development zoned PAD with underlying SF zoning
         
The proposed 3 & 4-story (50 feet high) 284-unit apartment complex meets the City of Goodyear Zoning Ordinance MF-24 zoning district building setback requirement of 50 feet + 5 feet for every foot over 30 feet from single-family residential zoning. Building 1, the 4-story building, has a setback requirement of 150 feet and the Conceptual Site Plan complies with that requirement. Buildings 2 and 3, the 3-story buildings, have a setback requirement of 100 feet, and the Conceptual Site Plan depicts 100’ 3” and 110’ 8”, respectively.

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.

There is both existing multi-family development and existing commercial development within the 102-acre Hudson Commons PAD. Compatibility between the proposed 3 & 4-story multi-family development with the existing single-family development can be addressed with significant setbacks and landscaping, as required by the Zoning Ordinance and depicted on the Conceptual Site Plan, as well as placement of activity areas away from the single-family development. If the rezone is approved, the landscaping and the placement of the activity areas will be further evaluated during the site plan review process.

Luke Air Force Base:
The Property is located approximately 3 miles outside the Luke AFB 1988 JLUS 65 Ldn, “high noise or accident potential zone” as identified by A.R.S. § 28-8461 and is within the “territory in the vicinity of a military airport” also defined by A.R.S. § 28-8461. Luke provided a letter to staff stating that, as described in the Project Narrative, the proposal for development of the Property will not negatively impact the flying operations of Luke AFB.

Phoenix-Goodyear Airport:
The Phoenix-Goodyear Airport was notified of the rezone request; however, staff has received no inquiries from the Airport as a result of the notification.

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.
Currently, there are approximately 3,600 built apartments in the city, approximately 3,100 under construction, and an additional 6,100 entitled through rezoning approvals and site plan approvals.

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:
 

Nearts Goodyear Fire Station				Shortest Path		Second Nearest Goodyear Fire Station	Shortest Path
				Min	Miles		Min	Miles
#184 (Yuma Rd)				3.68	1.84	#181 (143rd ave)	3.69	1.84

Police Response:
The Property is located within an existing Police patrol beat and the proposed rezone to Final PAD with underlying MF-24 (Multi-Family) zoning does not alter the current level of service within the beat.

Streets/Transportation:
If developed as anticipated, the apartment complex will have direct access from Van Buren Street at a full median break, and from Hudson Way; a public collector street extending west from Estrella Parkway that currently provides access to the single-story rental development to the south of the Property, and to the single-family development to the west of the Property. The complex will also be accessed from Estrella Parkway via an existing drive aisle that extends in a westerly direction north of Culver’s. The complex lay-out is such that the drive aisle from Estrella Parkway will lead directly to the Statler clubhouse and leasing office.

Water/Wastewater:
The Property is located within the City of Goodyear water service area and wastewater service area. The Owner shall construct all on-site and off-site infrastructure improvements determined by the City as being necessary to provide water service and wastewater service to the Property.

Solid Waste/Recycling:
Solid waste and recycling services for the Property will be contracted through a 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 Property is in proximity to where existing public services are provided.

8. General public’s concerns.
Public Participation:

Citizen Review
In accordance with the city’s Citizen Review process, a Neighborhood meeting was held on Wednesday, July 19th, 2023, at 6 p.m. in the Canyon Trails Conference Rooms at City Hall. A postcard had been mailed on June 28th to the owners of all property within 500 feet of the Property, and the Hudson Commons single-family HOA, notifying them of the rezone request; the scheduled Neighborhood meeting; directing them to the city website for additional information; and providing both staff and applicant contact information.

Approximately 20 people attended the Neighborhood meeting and over half of the people spoke in opposition to the rezoning request. Points of opposition included loss of commercially zoned land, overbuilding of multi-family, loss in home values, additional lights and noise, additional traffic causing accidents, and overcrowding of schools. Planning staff also received three emails in the days after the Neighborhood meeting, also in oppositions to the request for the same reasons.

Planning & Zoning Commission
Notice of the September 13th public hearing before the Planning and Zoning Commission and the September 25th public hearing before the City Council included a postcard mailed on August 22nd to the owners of all property within 500 feet of the Property, and the Hudson Commons single-family HOA; a legal notice/display ad published in the Southwest Valley Republic on August 25th; and two notice of public hearings signs posted on the Property on August 29th. To date, staff has received nine additional emails in opposition to the rezone. The previous points of opposition were reiterated in the additional emails.

9. Whether the amendment promotes orderly growth and development.
If the rezone is approved, high density multi-family, which includes the anticipated 3 & 4-story (50 feet high) 284-unit apartment complex at a density of 25 dwelling units per acre, will be developed consistent with the existing General Plan Business & Commerce designation. The consistency promotes the orderly growth and development of the area.

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 stipulations of approval have been recommended in order to minimize impacts of the rezone on the citizens of the City and the general public.

Staff Findings:
Pursuant to the above evaluation of this rezoning request, staff finds that approval of the request, as set forth in Draft Ordinance No. 2023-1593, promotes continued orderly growth and development in conformance with the city’s General Plan, Zoning Ordinance, Design Guidelines, and Engineering Standards.