| ITEM #: 12. DATE: 09/25/2023 AI #:1648 |
 |
CITY COUNCIL ACTION REPORT
| SUBJECT: | AMENDMENT TO ZONING ORDINANCE AND SUBDIVISION REGULATIONS RELATED TO FREEWAY SOUND ATTENUATION |
| STAFF PRESENTER(S): | Steve Careccia, Planning Manager |
SUMMARY
This is a staff-initiated request to amend Articles 2 and 9 of the Zoning and Chapter 15 of the Subdivision Regulations to bring the city’s sound attenuation requirements into conformance with requirements established by the Arizona Department of Transportation.
STRATEGIC PLAN ALIGNMENT
.png) |
.png) |
RECOMMENDATION
1. ADOPT RESOLUTION NO. 2023-2341 DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS REFERRED TO AND INCORPORATED IN ORDINANCE 2023-1589 FILED WITH THE CITY CLERK AMENDING PROVISIONS IN THE GOODYEAR ZONING ORDINANCE AND THE SUBDIVISION REGULATIONS IN THE GOODYEAR CITY CODE RELATED TO NOISE ATTENUATION REQUIREMENTS NEAR FREEWAYS.
2. ADOPT ORDINANCE NO. 2023-1589 AMENDING CITY OF GOODYEAR ZONING ORDINANCE ARTICLE 2 (DEFINITIONS) AND ARTICLE 9-1 (FREEWAY DEVELOPMENT OVERLAY DISTRICT) AND CITY OF GOODYEAR CODE OF ORDINANCES CHAPTER 15 (SUBDIVISION REGULATIONS) TO ADD DEFINITIONS AND CHANGE THE EXTERIOR SOUND ATTENUATION REQUIREMENT FOR DWELLING UNITS AND NOISE SENSITIVE USES TO SIXTY-SEVEN (67) DECIBELS; 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. (Steve Careccia, Planning Manager)
2. ADOPT ORDINANCE NO. 2023-1589 AMENDING CITY OF GOODYEAR ZONING ORDINANCE ARTICLE 2 (DEFINITIONS) AND ARTICLE 9-1 (FREEWAY DEVELOPMENT OVERLAY DISTRICT) AND CITY OF GOODYEAR CODE OF ORDINANCES CHAPTER 15 (SUBDIVISION REGULATIONS) TO ADD DEFINITIONS AND CHANGE THE EXTERIOR SOUND ATTENUATION REQUIREMENT FOR DWELLING UNITS AND NOISE SENSITIVE USES TO SIXTY-SEVEN (67) DECIBELS; 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. (Steve Careccia, Planning Manager)
FISCAL IMPACT
There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.
BACKGROUND AND PREVIOUS ACTIONS
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time. Portions of the Zoning Ordinance and the subdivision regulations codified in Chapter 15 of the Goodyear Code of Ordinances (the “Subdivision Regulations”) regarding freeway attenuation standards were inconsistent with standards adopted by the Arizona Department of Transportation (ADOT) Noise Abatement Requirements (May 2017). The purpose of this text amendment is to bring City standards into conformance with ADOT standards. The City Council will also be asked to amend the Subdivision Regulations to bring them into conformance with ADOT standards as well.
The Planning and Zoning Commission considered the Zoning Ordinance text amendment portion of this request at a public hearing held on September 13, 2023 and unanimously voted (5-0) to forward a recommendation of approval to the City Council.
The Planning and Zoning Commission considered the Zoning Ordinance text amendment portion of this request at a public hearing held on September 13, 2023 and unanimously voted (5-0) to forward a recommendation of approval to the City Council.
STAFF ANALYSIS
Current Policy:
The following policies contained within the city of Goodyear Zoning Ordinance and Subdivision Regulations are applicable and relevant to this requested text amendment:
Details of the Request:
This request for text amendment is to modify certain definitions and standards related to freeway development standards for sound attenuation. To achieve this intent, the text amendment proposes the following revisions:
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
Public Participation:
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on August 25, 2023. Information on this text amendment was also posted to the current development applications section of the city’s website.
The Planning and Zoning Commission considered the Zoning Ordinance text amendment portion of this item at a public hearing held on September 13, 2023. The Commission received a presentation from staff and then unanimously voted (5-0) to forward a recommendation of approval to the City Council. There was no opposition to the item presented at the public hearing.
The following policies contained within the city of Goodyear Zoning Ordinance and Subdivision Regulations are applicable and relevant to this requested text amendment:
Article 1, Section 1-3-1 (Amendments), of the Zoning Ordinance establishes the process for the review and approval of text amendments to the Zoning Ordinance. Amendments must be reviewed by the Planning and Zoning Commission and approved by the City Council through the public hearing process.
Article 2-2 (Definitions) of the Zoning Ordinance defines certain words and terms used throughout the ordinance. This text amendment proposes to add certain definitions.
Article 9-1 (Freeway Development Overlay District) of the Zoning Ordinance establishes requirements for appropriate onsite improvements to enhance the livability of properties adjacent to freeway corridors.
Section 15-1-2 (Definitions) of the Subdivision Regulations defines certain words and terms used throughout the regulations. This text amendment proposes to add certain definitions.
Section 15-4-4 (Required improvements subdivisions) of the Subdivision Regulations establishes the minimum acceptable standards for subdivision improvements and the procedures for the review and approval of engineering plans.
Article 2-2 (Definitions) of the Zoning Ordinance defines certain words and terms used throughout the ordinance. This text amendment proposes to add certain definitions.
Article 9-1 (Freeway Development Overlay District) of the Zoning Ordinance establishes requirements for appropriate onsite improvements to enhance the livability of properties adjacent to freeway corridors.
Section 15-1-2 (Definitions) of the Subdivision Regulations defines certain words and terms used throughout the regulations. This text amendment proposes to add certain definitions.
Section 15-4-4 (Required improvements subdivisions) of the Subdivision Regulations establishes the minimum acceptable standards for subdivision improvements and the procedures for the review and approval of engineering plans.
Details of the Request:
This request for text amendment is to modify certain definitions and standards related to freeway development standards for sound attenuation. To achieve this intent, the text amendment proposes the following revisions:
Zoning Ordinance Article 2-2 (Definitions): Add new definitions for “Decibel (dB)”, “Decibel, A-Weighted Scale (dBA)”, “Freeway”, “Leq”, and “Noise Sensitive Uses”;
Zoning Ordinance Article 9-1 (Freeway Development Overlay District): Remove references to specific freeways (I-10 and Loop 303) in favor of a more general reference to freeways, to include future freeways and other controlled access highways, such as the I-11 and SR 30; revise references to the allowed maximum exterior noise level from 64 dBA to 67 dBA;
Subdivision Regulations Section 15-1-2 (Definitions): Add new definitions for “DECIBEL (dB)”, “DECIBEL, A-WEIGHTED SCALE (dBA)”, “FREEWAY”, “Leq”, and “NOISE SENSITIVE USES”; and
Subdivision Regulations Section 15-4-4 (Required improvements subdivision): Remove references to specific freeways (I-10 and Loop 303) in favor of a more general reference to freeways, to include future freeways and other controlled access highways, such as the I-11 and SR 30; revise references to the allowed maximum exterior noise level from 64 dBA to 67 dBA.
Zoning Ordinance Article 9-1 (Freeway Development Overlay District): Remove references to specific freeways (I-10 and Loop 303) in favor of a more general reference to freeways, to include future freeways and other controlled access highways, such as the I-11 and SR 30; revise references to the allowed maximum exterior noise level from 64 dBA to 67 dBA;
Subdivision Regulations Section 15-1-2 (Definitions): Add new definitions for “DECIBEL (dB)”, “DECIBEL, A-WEIGHTED SCALE (dBA)”, “FREEWAY”, “Leq”, and “NOISE SENSITIVE USES”; and
Subdivision Regulations Section 15-4-4 (Required improvements subdivision): Remove references to specific freeways (I-10 and Loop 303) in favor of a more general reference to freeways, to include future freeways and other controlled access highways, such as the I-11 and SR 30; revise references to the allowed maximum exterior noise level from 64 dBA to 67 dBA.
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The amendment is intended to bring the city’s sound attenuation requirements, as established in both the Zoning Ordinance and Subdivision Regulations, into conformance with those standards established by ADOT. Currently, city standards set a maximum exterior noise level of 64 dBA for residential and other noise sensitive uses within 500 feet of a freeway. ADOT, in accordance with Federal Highway Administration guidelines, establishes a maximum exterior noise standard of 67 dBA. While the ADOT noise standard is higher compared to the city noise standard, it has been noted that a 1-2 dB increase in noise is generally considered not perceptible to the human ear within an environment with noise, and not until an increase of 3 dB is a minimal change perceived (ADOT). As such, the amendment will provide for consistency with ADOT standards, which will provide greater clarity for developers and homebuilders with projects near freeway corridors, while not resulting in any significantly perceptible increase in noise for residents residing in the area.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
This text amendment is not in response to any changes in law, statutory or case law. As previously noted, the purpose of the amendment is to bring city standards into conformance with ADOT standards.
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
With this text amendment, an inconsistency with established ADOT standards will be rectified.
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
Standard 28 of the General Plan states residential development adjacent to freeways should utilize significant buffers, with the intent to lessen the impact of freeway related noise on residents. Adhering to sound attenuation standards as established by the City and ADOT will also help mitigate freeway noise.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. It will not result in any significantly perceptible increase in noise and will promote consistency with ADOT standards. Such consistency will provide greater clarity for developers and residents within the vicinity of an existing or proposed freeway corridor.
Public Participation:
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on August 25, 2023. Information on this text amendment was also posted to the current development applications section of the city’s website.
The Planning and Zoning Commission considered the Zoning Ordinance text amendment portion of this item at a public hearing held on September 13, 2023. The Commission received a presentation from staff and then unanimously voted (5-0) to forward a recommendation of approval to the City Council. There was no opposition to the item presented at the public hearing.