Ed Bull, Burch & Cracchiolo, P.A.

A request for a rezone of approximately 32.43 acres north and east of the northeast corner of Citrus Road and Indian School Road from the C-2 (General Commercial) Zoning District to the I-1 (Light Industrial) Zoning District for the anticipated development of a commercial center and business park by Southwest Next.

1. ADOPT RESOLUTION NO. 2023-2340 DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS INCORPORATED BY REFERENCE IN ORDINANCE 2023-1588 REZONING APPROXIMATELY 32.43 ACRES OF LAND LOCATED NORTH OF THE NORTHEAST CORNER OF CITRUS ROAD AND INDIAN SCHOOL ROAD FROM C-2 (GENERAL COMMERCIAL) TO I-1 (LIGHT INDUSTRIAL).

2. ADOPT ORDINANCE NO. 2023-1588 CONDITIONALLY REZONING APPROXIMATELY 32.43 ACRES OF LAND LOCATED NORTH AND EAST OF THE NORTHEAST CORNER OF CITRUS ROAD AND INDIAN SCHOOL ROAD FROM C-2 (GENERAL COMMERCIAL) TO I-1 (LIGHT INDUSTRIAL); 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. (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.

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 applicant/owner, Southwest Next, anticipates developing a commercial center and business park on the Property, adjacent to the southern boundary of the planned Abel Ranch single family development, which received preliminary plat approval on October 28, 2019, and final plat approval by the City Council on September 11, 2023. If this rezone is approved, Southwest Next intends to submit a site plan application for the commercial center and business park.



Staff did ask the Owner if they would rezone to the new Business Park Zoning District that was approved by the City Council with the adoption of Ordinance No. 2023-1592 on September 25, 2023. After reviewing the district standards and regulations, the Owner is requesting the I-1 Light Industrial Zoning District. Therefore, if the request is approved, the Property could develop with any of the I-1 uses established in the Zoning Ordinance, and in accordance with the I-1 development standards, except as modified by the recommended stipulations of approval. However, the conceptual site plan submitted with the rezone application depicts a total of 530,800 square feet of building area in the following configuration from west to east on the Property:

•  Building A – 28,600 S.F.
•  Building B – 41,400 S.F.
•  Building C – 190,000 S.F.
•  Building D – 270,800 S.F.

The conceptual site plan depicts all 4 buildings in north to south alignments, with a truck court in between the two smaller buildings, and a truck court in between the two larger buildings. Pursuant to the requested I-1 (Light Industrial) Zoning District designation, the maximum allowed building height would be 50 feet.

Based upon conceptual total building square footage, the commercial center and business park would be required to provide 327 parking spaces per the City Zoning Ordinance parking requirements. The conceptual site plan depicts 588 parking spaces, many of which are shown 30 feet from the shared Abel Ranch property line, on the north side of the project access drive off of Citrus Road. Although the conceptual site plan does depict a second row of trees near the end of a cul-de-sac on the Abel Ranch property, directly across from the entrance to the truck court between the two larger buildings, there are two Abel Ranch lots west of the cul-de-sac (lots 422 & 423) and two lots east of the cul-de-sac (lots 411 & 412), with side yards located parallel to the shared property line. To provide the necessary screening for the future residents of the four Abel Ranch lots from the noise, lights, and exhaust from the tractor trailer trucks in the truck court, staff has recommended a stipulation of approval, that with the site plan submittal, that there be two rows of trees that extend three additional runs of parking (parking spaces between landscape islands) to the west of the second row of trees depicted on the preliminary site plan, and three additional runs of parking to the east of the second row of trees reflected on the preliminary site plan. 

The screening provided by the increased length of the second row of trees will be enhanced by the applicant/owner’s proposal to construct 13-foot screen walls, attached to each of the two larger buildings, at the north end of the truck court between the buildings where trailer parking is also proposed. Additional landscaping will be provided on the north side of the walls, between the walls and vehicular parking provided on the south side of the access drive off of Citrus Road. To lessen the possible obtrusive appearance of the 13-foot screen walls, and to make them appear as extensions of the buildings to which they are attached, staff has recommended a stipulation of approval that the walls will be constructed of a minimum of two of the materials, and will incorporate a minimum of two of the colors, used on the buildings. Because there is also a truck court between the two smaller buildings (A & B), and there are also Abel Ranch lots (434 – 438) near the north side of the access drive off of Citrus Road, staff has recommended a stipulation of approval for a 13-foot screen wall to be attached to Building B, with the same materials and colors criteria.

Southwest Next has also proposed to construct a 7-foot high wall along a section of the shared Abel Ranch property line near the cul-de-sac between lots 422 and 412. Although this wall too will provide enhanced screening, because the City Zoning Ordinance requires a minimum separation between fences and/or walls to be 20 feet, staff has recommended a stipulation of approval providing notice to the applicant that should Abel Ranch receive approval to construct a development perimeter wall along or near the shared property line, but has not constructed it at the time the Property develops, then owner shall be required to construct the screen wall on the Property maintaining the 20-foot separation from the location of the wall approved for Abel Ranch.  If Abel Ranch has constructed a wall adjacent to the entire northern boundary of the Property when the Property develops, owner will not be required to construct a wall. 

In a further effort to reduce the impacts of the anticipated commercial center and business park, staff has recommended a stipulation of approval that no tractor trailer trucks, box trucks or similar vehicles shall park, and no empty trailers shall be parked, outside of the truck courts on any access drive or interior drive aisles. In the event the property does not develop in conformance with the approved site plan, staff has also recommended a stipulation of approval that the commercial center and business park shall include a minimum of 3 buildings, the largest of which is limited to 270,800 square feet. This is intended to avoid a “mega” building on the site. 

Southwest Next has also submitted an elevations inspiration board with the rezone application to provide an idea of the anticipated architectural style of the four buildings, and staff has recommended a stipulation of approval requiring compliance with the City’s Design Guidelines for Employment-Industrial development related to architecture, materials, and colors.

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. Uses that are appropriate in the category include business parks, offices, warehouses, and other light industrial uses. The requested rezone to I-1 (Light Industrial) to facilitate the development of a commercial center and business park is consistent with the General Plan. The Property is also within the Luke Compatible Land Use Overlay. Industrial Development Standard 46 of the Goodyear General Plan states that Industrial land uses are encouraged to locate within and adjacent to the Luke Compatible Land Use Overlay.

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 used for agriculture. The Property’s physical and natural features are suitable for the development of a commercial center and business park or other light industrial uses.

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 – A currently undeveloped single family parcel that is part of the Abel Ranch development zoned R1-6, and for which a final plat was approved by the City Council on September 11, 2023. The construction of homes in Abel Ranch has begun further to the north, on the east side of Citrus in alignment with the Campbell Avenue entrance into Sedella, on the west side of Citrus.
South – The existing two of the five planned Microsoft data center buildings and an APS Substation, zoned I-1.
East – The planned Project Majestic, a two-building light industrial project totaling approximately 852,000 square feet of space, for which a site plan was approved in August 2022, zoned I-1.
West – Vacant property with underlying C-2 zoning within the Sedella PAD. Currently in review for a Special Use Permit for a storage facility on the far west portion of the property.
         
Because of the screening methods proposed by the applicant/owner, and the further screening and development activity restrictions recommended by staff in the stipulations of approval, it is not anticipated that a commercial center and business park will negatively impact the existing and future surrounding uses.

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.

The proposed I-1 (Light Industrial) Zoning District permits uses that could be compatible, with screening requirements and development activity restrictions, with the adjacent existing and future light industrial and commercial uses and future residential development.

Luke Air Force Base:
The Property is located inside 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, subject to the results of an FAA Obstruction Evaluation/Airport Airspace Analysis, the rezoning request, as described in the rezone narrative, will not negatively impact the flying and base operations at Luke AFB. Luke did, however, reserve the right to comment if the rezoning is approved and development and design plans become available, and staff will provide any future development and design plans to Luke.

Phoenix-Goodyear Airport:
The Property is not located within the vicinity of Phoenix-Goodyear Airport.

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.

Many of the uses permitted in the proposed I-1 (Light Industrial) Zoning District require access to major arterials and freeways, as well as easy access to adjacent electrical power. Southwest Next has also chosen to request a rezone to I-1 (Light Industrial) because the Property is also within the Luke Compatible Land Use Overlay, and because the Industrial Development Standard 46 of the Goodyear General Plan states that Industrial land uses are encouraged to locate within and adjacent to the Luke Compatible Land Use Overlay.

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:
 

Nearest Goodyear Fire Station	Shortest path		Second Nearest Goodyear Fire Station	Shortest path
	Mins	Miles		Mins	Miles
#185	6.19	3.1	#184	12.96	6.19

The closest fire station is Station #321 of the Buckeye Valley Fire District (now Arizona Fire Medical Authority), at approximately 2.1 miles away, just west of Sedella. The Authority is part of the automatic aid consortium and responds to all fire/ems calls in the area.

Police Response:
The Property is located within an existing Police patrol beat and the proposed I-1 (Light Industrial) Zoning District does not alter the current level of service within the beat.

Streets/Transportation:
If developed as anticipated, the commercial center and business park will have direct access from both Citrus Road and Indian School Road. Southwest Next will be responsible for widening the east half of Citrus from 1 lane to 2 lanes, for widening the north half of Indian School from 1 lane to 3 lanes, and providing in-lieu payments for one-half of the median construction and one-half of the median landscaping for both roads. And because both Citrus and Indian School are arterial streets, Southwest Next is required to construct deceleration lanes at all driveways serving the commercial center and business park. Southwest Next will also be responsible for contributing 25% of the total cost ($220,000 of $880,000) of signalizing the intersection of the two roads with an ADOT style traffic signal.

Water/Wastewater:
The Property is located within the City of Goodyear wastewater service area and the EPCOR water service area. Owner shall construct all on-site and off-site infrastructure improvements determined by the City as being necessary to provide wastewater service and water 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:
Because there are no residents living within 500 feet of the Property, a formal neighborhood meeting was not held. Instead, in accordance with the Goodyear Zoning Ordinance, an alternative citizen review process was used. A postcard was mailed on June 12th to the owners of all property within 500 feet of the subject property notifying the owners of the rezone request; directing them to the city website for additional information; providing both staff and applicant contact information; and letting them know they would receive a second postcard when public hearings on the request were scheduled. Planning Staff received two emails and Communications Staff received two posts to the city’s digital platforms in opposition to the rezone request as a result of the first postcard. Points of opposition included loss of commercially zoned land, overbuilding of industrial uses, additional lights and noise, loss in home values, terrible traffic, non-completion of promised roadway improvements, and destruction of existing roadways by semi traffic.
 
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 property within 500 feet of the Property, as well as the Sedella 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.

Prior to the September 13th public hearing, following a meeting between staff and the Owner to discuss recommended stipulations of approval, it was decided by the Owner that additional time was needed to continue to discuss the stipulations. Therefore, at the September 13th Commission meeting, the Vice-Chairman announced that the public hearing would be continued to a date uncertain. Following additional discussions between staff and the Owner, Notice of the October 18th  public hearing before the Planning and Zoning Commission and the October 30th  public hearing before the City Council included a postcard mailed on September 22nd to the owners of property within 500 feet of the Property, as well as the Sedella HOA; a legal notice/display ad published in the Southwest Valley Republic on September 29th; and the two notice of public hearings signs previously posted on the Property were updated on September 27th. Prior to the October 18th Planning and Zoning Commission meeting, staff received two emails from Sedella residents in support of the request.

Planning and Zoning Commission Meeting:
At the regularly scheduled meeting of the Planning and Zoning Commission on October 18, 2023, following a presentation by staff, Commissioner Sambito asked if the reference to retaining some commercial zoning meant that the four buildings depicted on the conceptual site plan could have some commercial uses in them. It was clarified that the retained commercial zoning applied only to the nine acres at the hard corner of Citrus and Indian School. Chairman Kisch asked if there was an explanation of why the Property had not developed as commercial over the years, and the applicant’s legal representative explained the efforts that had been made to bring a commercial developer aboard to no avail.

Following the completion of the applicant presentation, one resident of the Sedella single family neighborhood voiced their support of the rezoning application, and seven other residents of Sedella voiced their opposition. Points of opposition included the overbuilding of warehouses within the vicinity of Sedella; the anticipated increase in truck traffic on the adjacent roads, many of which have been under construction for some time; the anticipated light, noise, and exhaust pollution; and the anticipated decrease in property values. Many of those in opposition also spoke about having to spend their commercial tax dollars outside of Goodyear because there are no commercial services in their area of the city.

After the end of public comments, Chairman Kisch acknowledged the comments from most of the Sedella residents that they felt that they were living in the forgotten part of the city. Subsequently, a motion to recommend approval of the rezoning passed by a vote of 6 to 0.

9. Whether the amendment promotes orderly growth and development.

If the rezone is approved, light industrial uses, which include the anticipated commercial center and business park, will be developed consistent with the existing General Plan Business & Commerce designation for the Property and the Luke Compatible Land Use Overlay. 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 rezone application, and recommended stipulations of approval, provide for an enhanced streetscape along the north side of the access drive off of Citrus Road, adjacent to the future Able Ranch residents, as well as an enhanced streetscape on the south side adjacent to the proposed 13-foot high screen walls at the entrance to the truck court between the two larger buildings. The enhanced streetscapes and the screen walls will provide beneficial impacts to the future residents. Increased employment opportunities could benefit the citizens of the City and the general public.

Staff Findings:
Pursuant to the above evaluation of this rezone request, staff finds that approval of the request, as set forth in Draft Ordinance No. 2023-1588, promotes continued orderly growth and development in conformance with the city’s General Plan, Zoning Ordinance, Design Guidelines, and Engineering Standards.