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.

The applicant is requesting a zoning change from the current Planned Area Development (PAD) with an underlying land use designation of neighborhood commercial to a PAD zoning district with an underlying zoning district of C-2 (General Commercial) and R1-A (Single-Family Attached) with a PAD Overlay to facilitate the development of a commercial and single-family attached, mixed-use community.

The result of this rezone would increase the overall density of Las Brisas (Las Brisas Phase 1, Las Brisas Phase 2 and this property) from a total of 3.08 units per acre to approximately 3.53 units per acre; the impact on density within Las Brisas Phase 2 would be an increase of .34 units per acre. The maximum height of the townhomes and the existing Las Brisas single-family residential homes are both capped at a maximum height of 30 feet

The use of a PAD Overlay is requested as the current development standards for the R1-A zoning district do not contemplate a property providing alley loaded townhouse product which all face onto open space and surround a centralized community amenity center that is adjacent to a walkable commercial center. Modifications requested through the PAD Overlay include the following:

The development standards for the Single Family Attached (R1-A) Zoning District shall apply to this Site except as modified below (deviations are marked in bold):

1. Front setback shall be measured to the patios, livable space, and side entry garages.  If homes face toward a collector street, front porches may face out towards the street so long as a minimum distance of 10 feet is provided between the sidewalk and the porch and no vehicular access shall be allowed from/to the collector street to individual lots. Walls within the front setback shall be no greater than 4 feet in height and parallel walls shall be located no closer than 14 feet face to face. Patios shall be a minimum of 6 feet deep and a minimum of 66 square feet.

2. Front facing garages shall only be permitted for residential lots developed using the development standards applicable to R1-A set forth in Table 3-2-3-A (Development Standards – Single Family Residential Districts) of the Goodyear Zoning Ordinance.  The reduced standards in minimum lot width, minimum lot depth, minimum lot size or increases in maximum building coverage set forth above shall not apply to residential lots with front facing garages.

3. Attached side setbacks shall be 0 feet, whereas building separation shall be a minimum of 5 feet. If a porch/patio is located on the side of an attached townhome (facing the street), such patios/porches may encroach the street side setback up to 4 feet with a maximum wall height of 40 inches. Cornices and eaves, may project into any required yard not more than two (2) additional feet, provided, however, that the sum of such projections on any wall does not exceed one-third (1/3) the length of said wall.

4. Where a minimum 10-foot-wide landscape tract or common area is provided, the typical side setback, rather than the Street Side setback applies.  If a porch/patio is located on the side of an attached townhome (facing the street), such patios/porches may encroach the street side setback up to 4 feet with a maximum wall height of 40 inches. Cornices and eaves, may project into any required yard not more than two (2) additional feet, provided, however, that the sum of such projections on any wall does not exceed one-third (1/3) the length of said wall.

5. Where a rear facing garage is provided with access via a private alley tract, the rear setback shall be reduced to 0 feet, provided fire separation requirements can be met.  All driveways, which provide access from the internal alley or streets to a private unit garage, shall be no less than 5 feet in length but no greater than 20 feet in length.

Reduction in Lot Size, Lot Width, Lot Depth and Lot Coverage Justifications:

The request is to reduce certain development standards to allow the development of an attached townhome community with alley-loaded garages and front patios/porches that face common courtyards and pedestrian areas. The townhome development incorporates open space, provides amenities for community members, and provides a non-typical yet housing type on the last infill Las Brisas parcel that is integrated with nearby commercial.

As a means to mitigate the proposed development standard reductions described above—which will result in reductions in private yard space—additional amenities and streetscape elements will be added to the PAD Overlay beyond the typical requirements for R1-A developments. The reduction in front setback and lot area width and depth is justified by providing the elements below:

Amenity Elements – 3 required, 4 provided
1. Community Amenity

2. Children Activity Area

3. Pool & Spa

4. Integrated Commercial

Connectivity Elements – 2 required, 2 provided
1. Infill development

2. Smaller Blocks

Streetscape Elements – Applicable for residential lots developed using the reduced development standards set forth above – 2 required, 3 provided

1. Alley Loaded Garages

2. Open Space Facing Homes

3. Enhanced Street Facing Elements

Streetscape Elements – Applicable for residential lots developed using the R1-A standards – the residential lots shall be developed with at least one of the elements set forth in Section 3-2-3(D)(d)(iii) (Streetscape Elements) of the Goodyear Zoning Ordinance.

Additional Requirements:

Within the Commercial parcel, the following C-2 (General Commercial) uses are prohibited:

The PAD Overlay also includes provisions to minimize the impact of this development on the adjacent single family residential development, including a buffer requirement between the Residential Property; limitations on how close portions of residential buildings above the first floor can be located to existing Single-Family Residential lots in the adjacent development; and prohibiting two-story buildings that front Las Brisas Drive from being located within 100 feet of single family residential lots in the existing single family residential development on the north side of Las Brisas Drive.  It also includes provisions to minimize the impact of the commercial development on the Commercial Property and the residential development on the Residential Property by requiring an additional landscape buffer on the Residential Property between the Residential Property and Commercial Property.  Under the C-2 standards, there is already a landscape buffer required on the Commercial Property.

The PAD Overlay requires additional design enhancements for all buildings onsite, clarifies Minimum Building Setback from Single-Family Residential for structures within the site, allows for deviations to the R1-A housing product, color schemes and building elevations offered, provides for additional connections to the adjacent streets, additional guest parking.

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 Goodyear 2025 General Plan designates the property with the Neighborhood land use category.

Goals, Objectives, and Standards within the General Plan that support rezoning of the property for the Las Brisas Corner townhouse community are as follows:

Physical Growth & Development

Community & Cultural Development

2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.

The subject property is relatively flat and devoid of any topography that would hinder development such as washes, hillsides, natural features that may be worthy of preservation, existing protected wildlife, and existence of high voltage power lines or other utilities. 

 
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 – Las Brisas single-family development;
South – Vacant/Farmed land within unincorporated Goodyear Planning Area;
East – Las Brisas single-family development;
West – Perryville Road and vacant land within Buckeye Planning Area.

The proposed C-2 and R1-A zoning is appropriate on the subject property.  As noted previously, the current Las Brisas zoning contemplated higher intensity uses at this corner such as General Commercial (a large 24.753-acre commercial site with a maximum height of 56 feet). This development proposed to transition, on the north, from a higher density single-family residential townhouse development to a smaller commercial site on the south. The developer has also voluntarily restricted certain uses that are not as appropriate adjacent to/within this horizontal mixed-use setting. The proposed PAD Overlay enhances the requirements for a more walkable and pedestrian oriented commercial center, connected to the adjacent residential.

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 zonings’ .34 unit per acre increase in overall density, , base operations will not be adversely impacted by this development. Stipulations have been added to the ordinance to address any impacts related to noise and notification to future residents.

Phoenix-Goodyear Airport:

The subject property is located to the west southwest of the 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 that the demand in Goodyear is very high for quality residential especially such as that proposed which would provide a differing option than the predominant detached housing in the area. There is no existing vacant land in the immediate area already zoned for this type of single-family attached home  product adjacent to a commercially zoned site, as most properties are already developed or entitled for traditional single-family detached housing.

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 Liberty Elementary School District and the Buckeye Union High School District. Both school districts have been notified of the rezoning request.

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 via Perryville Road, Broadway Road and Las Brisas Drive. The development currently contemplates private internal streets. The Engineering Department has created stipulations to address traffic requirements applicable to this development including improvements to be made to Perryville Road, Broadway Road and payments for the future signalization of Perryville and Broadway Roads. Additionally, Las Brisas Drive will only be permitted to have access for emergency vehicles via a zoning stipulation.

Water/Wastewater:

The subject property will be served by the city of Goodyear for water and wastewater.

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 abuts existing public services. It is located along major arterial roadways that will be improved to increase capacity and meet city standards. As indicated in the Water and Sewer Reports submitted with the rezoning, there is adequate water and sewer infrastructure to serve the development. The city has been in close coordination with Maricopa County related to ensuring adequate capacity is available.

 
8. General public concerns.

Public Participation:

An in-person Neighborhood Meeting was conducted for this proposal and Notice of the Neighborhood Meeting was provided to property owners within 500 feet of the property on June 16, 2023; signs advertising the Neighborhood Meeting were placed on the site on June 23, 2023. Prior to the meeting one email of opposition was received and one communications with questions concerning HOA governance and conformance with the existing Las Brisas community was received. The neighborhood meeting took place on July 11, 2023, approximately 13 residents were in attendance and residents’ concerns included property values, density, the ability of two-story town home residents to view into private yards north of Las Brisas Drive, traffic and access onto Las Brisas Drive, the type of residents who might occupy townhomes, parking overflow and a desire to keep the property vacant (as commercial may not materialize across the entirety of the site). Since the neighborhood meeting and the time of the writing of this staff report, no formal opposition has been received regarding this rezoning.

Following the neighborhood meeting, the applicant made changes to setbacks along the northern boundary of the site and restrictions to vehicular traffic onto Las Brisas Drive, both changes are reflected within the case being brought forward.

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 November 15, 2023 appeared in the Arizona Republic Southwest Valley Edition October 27, 2023; postcards were mailed to adjoining owners on October 13, 2023; and signs were posted on the site on October 12, 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.

As of the writing of this staff report, there have been no other unique factors identified at the pre-application meeting or as part of the first review of the rezoning application.

As set forth herein, the proposed rezoning is both consistent with the General Plan and will not adversely impact the surrounding area.