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ITEM #: 14.
DATE: 09/25/2023

AI #:1617
CITY COUNCIL ACTION REPORT
 
SUBJECT: REZONE APPROXIMATELY 47.35 ACRES FROM PRELIMINARY PLANNED AREA DEVELOPMENT (PAD) TO I-1 (LIGHT INDUSTRIAL) WITH PAD OVERLAY
 
STAFF PRESENTER(S): Christian M. Williams, AICP, Principal Planner

SUMMARY

Request a rezone of approximately 47.35 acres generally located southeast of Sarival Avenue and MC-85 from Preliminary Planned Area Development (PAD) to I-1 (Light Industrial) with PAD Overlay.

STRATEGIC PLAN ALIGNMENT

 

RECOMMENDATION

1. ADOPT RESOLUTION NO. 2023-2329, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK AND INCORPORATED BY REFERENCE IN ORDINANCE NO. 2023-1577 FILED WITH THE CITY CLERK RELATED TO THE REZONING CASE FOR – SEC SARIVAL AND MC-85.

2. ADOPT ORDINANCE NO. 2023-1577, CONDITIONALLY REZONING APPROXIMATELY 47.35 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SARIVAL AVENUE AND MARICOPA COUNTY HIGHWAY 85 TO BE KNOWN AS SEC SARIVAL AND MC-85; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGEMENT; 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. (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 47.35-acres generally located at the southeast corner of N. Sarival Avenue and MC 85 that is the subject of this rezoning request (the Property) was zoned Preliminary PAD for Riverside Park (the Property”) by the adoption of Ordinance 05-976.  The underlying land use designation for the Property under the Riverside Park Preliminary PAD is Business Park.  The current proposal requests to rezone the Property Preliminary PAD to a PAD with an underlying land use designation of I-1 (Light Industrial) with a PAD Overlay. This would change the underlying land use from a business park use to an industrial use, allowing the development of a business park and/or other light industrial uses.  The Goodyear 2025 General Plan Land Use Designation for this property is ‘Industrial’.

STAFF ANALYSIS

Current Policy:
A rezoning request requires public review and vote by the Planning and Zoning Commission and the City Council. The proposed rezoning must be in conformance with the General Plan and should not adversely impact the surrounding area.  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 applicant is requesting a zoning change from the currently approved Preliminary (PAD) to I-1 (Light Industrial). Further, the Applicant requests a PAD Overlay for the SEC Sarival and MC-85 property for the sole purpose of increasing the allowable maximum building height to 70 feet. The additional height, from 50 feet to 70 feet, is intended to accommodate a wider range of users that the applicant indicates are routinely seeking building heights in excess of 50 feet. The increased height will be compatible with the existing, much taller, high capacity powerlines that pass by the property to the south and the future stack interchange of the future Arizona State Route 30 (Tres Rios Freeway) with the Arizona State Route 303 Loop (Loop 303 Freeway) extension.

The remaining portions of the property included within the Riverside Park Preliminary PAD are designated for residential use.  The properties to the south and southwest of the Property are within the future right-of-way for Arizona State Route 30, as identified on the adopted Loop 303 from I-10 to Proposed State Route 30 Final Approved Design Concept Report, dated 2018. ADOT has begun to acquire property, south and west of the proposed rezoning for the future freeway; thus, the increased height will be compatible with the surrounding land uses. However, stipulation #1 was added to prohibit buildings exceeding 50-feet in height within 500-feet of property that is zoned for a residential use in case the plans for State Route 30 should change.

Considering the proposed Arizona State Route 30 (Tres Rios) Freeway alignment, the Property has the opportunity to develop with business park and/or other light industrial uses. This conclusion is also supported by the existing and/or approved industrial land uses to the north, east and far west of the Property, as well as the Property's proximity to Maricopa County Highway 85 and the Southern Pacific Union Pacific railway. This property is within the Phoenix-Goodyear Airport Day-Night Average Sound Level (DNL) boundary.  However, the airport operations should not greatly impact the development of the Property as a business park and/or with other light industrial uses.

Additionally, considering the location of the site and the request for added height, enhanced design requirements will be stipulated with the development of this Property, to create an environment more akin to a business park, including:
  • 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) is permitted on the Property; and
  • Except as provided herein, no more than four (4) roll-up doors and/or service and wash bay doors shall be permitted to face Arizona State Route 30 (Tres Rios Freeway) and no more than (4) roll-up doors and/or service and wash bay doors shall be permitted to face the Maricopa County Highway 85 (MC-85). The number of roll-up doors and/or service and wash bay doors permitted herein may be increased by no more than 100% 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 (the future Arizona State Route 30 (Tres Rios Freeway)) and from Maricopa County Highway 85 (MC-85); and
  • 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. Sarival Avenue; and
  • The westernmost industrial buildings shall have a direct pedestrian connection to Sarival Avenue; and
  • 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; and
  • A minimum of one (1) outdoor shaded outdoor employee break area shall be provided for each building that exceeds 50,000 square feet; and
  • Building color schemes, wall materials and colors and architectural elements shall be cohesive between the development on the entirety of the Property; and
  • Buildings should include bold colors and not simply be a grey base color with shades of gray, black blue but rather a neutral desert base color with additional bolder colors to add vibrancy.
Evaluation Criteria:
Per the city of Goodyear Zoning Ordinance, the city’s review and recommendation on a zoning amendment is to be guided by the following criteria:
1. Consistency with the General Plan.
The proposed rezoning is consistent with the City of Goodyear’s General Plan and meets many of the City’s the goals, objectives, and policies.

The General Plan designates the Land Use Category for this property is ‘Industrial’. Due to this fact, a rezone of this property to light industrial uses is supported by 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 located between the Maricopa County Highway 85, the proposed route of the Arizona State Route 30 (Tres Rios) freeway and approximately two miles east of the future freeway stack interchange for the Arizona State Route 303 Loop (Stump/Estrella) freeway and Arizona State Route 30 (Tres Rios). The property is also near the Southern Pacific Railroad line. Due to these factors it seems appropriate for the property to serve an industrial development.
 
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 – Maricopa County Highway 85, land zoned AU (Agricultural Urban), Barkley Seed, BioFlora and I-2 (General Industrial);
South – Vacant land zoned Riverside Park Preliminary Planned Area Development (PAD);
East – Agricultural Urban land for County drainage and city of Goodyear land zoned Public Facilities District (PFD);
West – Vacant land Riverside Park Preliminary Planned Area Development (PAD);

The proposed I-1 (Light Industrial) Zoning District is consistent with the existing and planned uses adjacent to the Site and otherwise established in the general vicinity. Additionally, the Site is an ideal location for the proposed business park and industrial uses because of its limited potential traffic impact, consistency in aesthetics in relation to the existing and planned uses of neighboring properties, and the existing and planned infrastructure in the immediate trade area.

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 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:
A portion of the Property falls within the Phoenix-Goodyear Airport 60 DNL. Given the uses permitted in the light industrial zoning district, the airport’s operations should not adversely impact the Property.

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.
Per the General Plan Land Use designation of ‘Industrial’ and due to the proximity of this development to major transportation facilities, this Property is an appropriate place for this type of business park and light industrial development. The Property is adjacent to a railroad track, existing high capacity powerlines, a county highway, numerous irrigation canals, a future state highway and a future freeway junction. From a regional context, nearly all the property within the city along the Maricopa County Highway 85 and Southern Pacific Union Pacific rail lines, that are not being farmed, are zoned for industrial uses.

6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
School Districts:
The rezoning of the Property from preliminary business park to light industrial will have no impacts on the adjacent school districts from a student enrollment standpoint while adding to the assessed valuation of district lands.

Fire Response:
Emergency response times and distances are provided below:
 
Nearest Goodyear
Fire Station
Shortest path 2nd Nearest
Goodyear Fire Station
Shortest path
Mins Miles Mins Miles
Fire Station #184 4.91 2.45 Fire Station #182 10.8 5.4

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 Engineering Department has created stipulations to address traffic issues caused by the development of this property. Those stipulations address traffic signals, roadway construction and access to needed and adjacent streets such as Sarival Avenue and MC85.

Water/Wastewater:
The Property will be served by city of Goodyear water and wastewater utilities.

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 within proximity to existing public services. The Property owner and/or developer will be responsible for the costs of making the necessary connections to these existing services.
 
8. General public concerns.
Public Participation and Planning and Zoning Commission Meeting:
A formal citizen review meeting was not held; an alternative notice providing information on the rezone was mailed to 20 owners of property within 500 feet of the Property and other stakeholders on August 3, 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 24, 2023.

The Planning and Zoning Commission considered this item at their regular meeting of September 13, 2023. Upon conclusion of the staff presentation, Commissioners unanimously voted (5-0) to forward a recommendation of approval to the City Council.

9. Whether the amendment promotes orderly growth and development.
The Property is within a quarter mile of existing development and located within proximity of making connections to 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 rezoning is consistent with the goals and objectives of the General Plan, which guides thoughtful and orderly growth and development in the City. A rezoning of the Site will further economic development in the City, generating employment and revenue for the City.

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