| AGENDA ITEM #:22-200-00023 DATE: September 13, 2023 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | 22-200-00023 REZONE APPROXIMATELY 47.09 ACRES FROM PLANNED AREA DEVELOPMENT (PAD) TO I-1 (LIGHT INDUSTRIAL) WITH PAD OVERLAY |
| STAFF PRESENTER(S): | Christian M. Williams, AICP, Principal Planner |
SUMMARY:
This is a Public Hearing to Request a rezone of approximately 47.09 acres generally located at the southeast corner of N. Citrus Road and W. McDowell Road from C-2 (General Commercial) and AU (Agricultural Urban) to I-1 (Light Industrial) with PAD Overlay.
RECOMMENDATION:
- Conduct a public hearing to consider a rezone of approximately 47.09 acres generally located at the southeast corner of N. Citrus Road and W. McDowell Road from C-2 (General Commercial) and AU (Agricultural Urban) to the Planned Area Development (PAD) Zoning District, with an underlying zoning district of I-1 (Light Industrial) with PAD Overlay.
- Recommend approval of the request to rezone approximately 47.09 acres generally located at the southeast corner of N. Citrus Road and W. McDowell Road to the Planned Area Development (PAD) Zoning District, with an underlying zoning district of I-1 (Light Industrial) with PAD Overlay as set forth in the draft of Ordinance No. 2023-1578. (Christian M. Williams, AICP, Principal 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:
The approximately 47.09 acres that is the subject of this rezoning request (the “Property”) is located at the southeast corner of N. Citrus Road and W. McDowell Road. The Property was part of approximately 1,734 acres of property conditionally annexed into the city on February 24, 1982 by Ordinance No. 82-142, as the AU (Agricultural Urban) zoning district.
On March 22,1999, the City Council adopted Ordinance 99-645, which conditionally rezoned approximately 60 acres of property from the AU (Agricultural Urban) zoning district to the C-2 (General Commercial) zoning district for the development of the Goodyear Marketplace (the “Goodyear Marketplace Rezoning”). Approximately 44.20 acres of the Property, was included within the Goodyear Marketplace Rezoning. The remaining approximately 2.88 acres of the Property remains in the AU (Agricultural Urban) zoning District. The requested rezoning would rezone approximately 44.20 acres of Property from the current C-2 (General Commercial) zoning district and approximately 2.88 acres from the current AU (Agricultural Urban) zoning district to the Planned Area Development (“PAD”) zoning district with an underlying zoning district of I-1 (Light Industrial) zoning district and a PAD Overlay
The Goodyear 2025 General Plan Land Use Designation for this property is ‘Business and Commerce’.
On March 22,1999, the City Council adopted Ordinance 99-645, which conditionally rezoned approximately 60 acres of property from the AU (Agricultural Urban) zoning district to the C-2 (General Commercial) zoning district for the development of the Goodyear Marketplace (the “Goodyear Marketplace Rezoning”). Approximately 44.20 acres of the Property, was included within the Goodyear Marketplace Rezoning. The remaining approximately 2.88 acres of the Property remains in the AU (Agricultural Urban) zoning District. The requested rezoning would rezone approximately 44.20 acres of Property from the current C-2 (General Commercial) zoning district and approximately 2.88 acres from the current AU (Agricultural Urban) zoning district to the Planned Area Development (“PAD”) zoning district with an underlying zoning district of I-1 (Light Industrial) zoning district and a PAD Overlay
The Goodyear 2025 General Plan Land Use Designation for this property is ‘Business and Commerce’.
STAFF ANALYSIS
Current Policy:
Details of the Request:
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.
Phoenix-Goodyear Airport:
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.
Fire Response:
.PNG)
Police Response:
Streets/Transportation:
Water/Wastewater:
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.
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. As set forth below, the proposed zoning is both consistent with the General Plan and will not adversely impact the surrounding area.
Details of the Request:
The current proposal requests to rezone the approximately 47.09 acres from C-2 (General Commercial) and AU (Agricultural Urban) to I-1 (Light Industrial) with a PAD Overlay. The rezone would change the currently allowed uses on the property from commercial and agricultural to industrial with a PAD overlay that would allow certain additional permitted uses including electric vehicle charging facilities for trucks and automobiles, a convenience use gas station and a car wash. Although development within the I-1 (Light Industrial) Zoning District is required to be developed under the Employment, Industrial chapter of the Goodyear Design Guidelines, the PAD Overly requires that any convenience use gas station and car wash be developed in accordance with the Commercial Mixed-Use chapter of the Goodyear Design Guidelines.
The use of a PAD Overlay is justified because the current development standards for I-1 (Light Industrial) do not include as permitted uses electrical vehicle charging facilities for semi-trucks and automobiles with accessory lounge and waiting facilities or Gas Station Convenience Uses (defined below) with accessory car washes. However, these uses are appropriate at this location due to its proximate location to the freeway and distance from residential developments, and the conditions for the development of the convenience gas station with accessory car wash provide for enhancements that will provide for an attractive development.
The proposed PAD overlay will modify the I-1 (Light Industrial) standards as follows:
Development Standards:
The use of a PAD Overlay is justified because the current development standards for I-1 (Light Industrial) do not include as permitted uses electrical vehicle charging facilities for semi-trucks and automobiles with accessory lounge and waiting facilities or Gas Station Convenience Uses (defined below) with accessory car washes. However, these uses are appropriate at this location due to its proximate location to the freeway and distance from residential developments, and the conditions for the development of the convenience gas station with accessory car wash provide for enhancements that will provide for an attractive development.
The proposed PAD overlay will modify the I-1 (Light Industrial) standards as follows:
Development Standards:
- A gas station with a convenience store (“Gas Station Convenience Use”) shall be considered a conditionally permitted use subject to the following:
- Limited to one Gas Station Convenience Use within in the entire Property.
- A decorative shade structure with seating shall be located adjacent to the hard corner of Citrus Road and McDowell Road.
- The Gas Station Convenience Use shall be developed in accordance with City of Goodyear Design Guidelines Chapter 4 (Commercial and Mixed Use Development).
- A car wash shall be considered a conditionally permitted accessory use to the Gas Station Convenience Use subject to the following:
- Car wash is allowed only as an accessory to a permitted Gas Station Convenience Use (only one gas station is permitted within entire Property).
- A car wash in a stand-alone building shall not be located closer than 300 feet from an arterial to arterial intersection.
- The noise generated from the operation of the car wash shall not exceed 74.1dB from the footprint of the car wash facilities. Prior to the issuance of a Temporary Certificate of Occupancy that will allow for the operation of the car wash or a permanent Certificate of Occupancy the property owner or operator of the car wash shall submit a noise study/test that demonstrates that the noise generated by the operation of the car wash does not exceed the noise limits set forth herein. The property owner or operator of the car wash shall make all modifications to its equipment and/or to the site as needed to ensure that the noise generated from the operation of the car wash does not exceed 74.1dB as measured from the footprint of the car wash facilities.
- A car wash shall be developed in accordance with City of Goodyear Design Guidelines Chapter 4 (Commercial and Mixed Use Development).
- Electric Vehicle Charging Facilities for charging trucks and automobiles shall be considered a principally permitted use. Electrical cabinets and mechanical equipment associated with the development of such facilities shall be screened.
- Buildings for lounging and waiting for persons using Electric Vehicle Charging Facilities shall be a permitted accessory use to a permitted Electric Vehicle Charging Facility. Such accessory buildings shall not include facilities for overnight stays.
- All buildings shall compliment the overall site architecture while following the city of Goodyear Design Guidelines.
Additionally, enhanced design standards are being placed on the property such as:
- No cross-dock warehousing (i.e. warehouses with dock doors for loading and unloading of stored goods) and no cross-dock transfer facilities (i.e. facilities that provide for the transfer of goods from incoming vehicles to outbound vehicles with little or no storage) are permitted on the Property.
- Except as provided herein, no more than four (4) roll-up doors and/or service and wash bay doors shall be permitted to face Interstate-10 (Papago Freeway) and no more than (4) roll-up doors and/or service and wash bay doors shall be permitted to face W. McDowell Road. The number of roll-up doors and/or service and wash bay doors permitted herein may be increased by no more than 50% if additional screening measures are to be implemented and the Zoning Administrator or his/her designee determines that the additional screening measures prevents or substantially limits the visibility of the roll-up doors and/or service and wash bay doors from being seen from the property south of the Property (Interstate-10 (Papago Freeway)) and from W. McDowell Road.
- Except for the roll-up doors and service wash bay doors described above, roll-up doors and/or service and wash bay doors shall be oriented to face east and west and be oriented in a manner so the roll-up door and/or service and wash bay doors of the industrial buildings are not visible from N. Citrus Road.
- The western most industrial buildings shall have a direct pedestrian connection to Citrus Road.
- A thirty-foot (30’) landscape buffer is to be constructed along the southern boundary of the Property. The buffer shall include earthen berms with a maximum height of six feet (6’) and a maximum slope of 3:1. A minimum of one 24-inch nondeciduous box tree and one 15-gallon nondeciduous box tree shall be planted for every 30-feet of highway-adjacent lot line;
- A minimum of one (1) outdoor shaded employee break area shall be provided for each building that exceeds 50,000 square feet.
- Building color schemes, wall materials and colors and architectural elements shall be cohesive between the development on the entirety of the Property.
- Buildings should include bold colors and not simply be a gray base color with shades of gray, black and white but rather a neutral desert base color with additional bolder accent colors to add vibrancy.
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.
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. This 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. This rezoning to I-1 (Light Industrial) with a PAD Overlay proposes industrial and certain commercial uses that are consistent with the General Plan Business & Commerce land use category.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The Site is generally flat with no physical or natural features that would hinder the development of the proposed project.
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
Current and future uses and development of the properties surrounding the subject property include:
North – Arizona State Land Department (Arizona Department of Corrections Property);
South – Interstate 10 (Papago Freeway) and 10 Goodyear Development (Innovation Centre) (Industrial, Business Park, Retail);
East – Arizona State Route 303 Loop (Stump Memorial Parkway) and PebbleCreek (master-planned community);
West – Citrus Road and Virtua Citrus zoned C-2 with a PAD Overlay;
South – Interstate 10 (Papago Freeway) and 10 Goodyear Development (Innovation Centre) (Industrial, Business Park, Retail);
East – Arizona State Route 303 Loop (Stump Memorial Parkway) and PebbleCreek (master-planned community);
West – Citrus Road and Virtua Citrus zoned C-2 with a PAD Overlay;
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.
Luke Air Force Base:
The property does not fall within the Luke Air Force Base Accident Potential Zone or the DNL. However, the subject property is located within the vicinity of a military airport. Given the location of the property and the proposed zoning, base operations will not be adversely impacted by this development.
Phoenix-Goodyear Airport:
The property does not fall within the Phoenix-Goodyear Airport DNL.
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 applicant has indicated there is market demand for additional business park and industrial spaces as well as a need for fueling stations for both automobiles and semi-trucks in the form of gasoline and electric.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
School Districts:
The subject property is located within the Litchfield Elementary School District and the Agua Fria Union High School District. Due to the non-residential nature of the land use, the school district should not be impacted from a student enrollment standpoint.
Fire Response:
Emergency response times and distances are provided below:
Police Response:
The proposed development is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property.
Streets/Transportation:
The property will be accessed exclusively via McDowell Road unless the Arizona Department of Transportation agrees to allowing access onto Citrus Road. The Engineering Department has created stipulations to address traffic requirements applicable to this development. Power lines and their poles may require relocation. Those stipulations include the requirement for improving McDowell Road and Citrus Road to city standards as well as contributions towards traffic signals at McDowell Road and Citrus Road.
Water/Wastewater:
The subject property is in the far northwestern portion of the Goodyear Water Services territory. Due to constraints, the city is supportive of the developer working with EPCOR to provide water service while retaining the site within the city of Goodyear Sewer territory.
7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.
The developer will be responsible for extending service infrastructure needed to support the property and will pay their proportionate share of impact fees for regional growth.
8. General public concerns.
Public Participation:
An alternative notification process was used for this rezoning. A formal citizen review meeting was not held, but notice providing information on the rezone was mailed to 19 owners of property within 500 feet of the subject property and other stakeholders on July 21, 2023. There was no objection to the rezone received.
A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on September 13, 2023 appeared in the Arizona Republic Southwest Valley Edition August 25, 2023; postcards were mailed to adjoining owners on August 16, 2023; and a sign was posted on the site on August 29, 2023.
A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on September 13, 2023 appeared in the Arizona Republic Southwest Valley Edition August 25, 2023; postcards were mailed to adjoining owners on August 16, 2023; and a sign was posted on the site on August 29, 2023.
9. Whether the amendment promotes orderly growth and development.
The subject property is within a quarter mile of existing development and located within the proximity of City services and infrastructure.
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 proposed development will convert an underutilized site into industrial land which allows for the creation of jobs. The site is proximate to the junction of Interstate-10 (Papago Freeway) and Arizona State Route 303 Loop (Stump Memorial Parkway) (approximately one-third of a mile).