| AGENDA ITEM #:23-200-00005 DATE: December 6, 2023 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | REZONE APPROXIMATELY 26.4 ACRES FROM PAD (PLANNED AREA DEVELOPMENT) COMMERCIAL TO I-2 (GENERAL INDUSTRIAL) WITH A PAD OVERLAY LOCATED APPROXIMATELY 1,200 FEET WEST OF SOUTH COTTON LANE ON THE NORTH SIDE OF MARICOPA COUNTY ROUTE 85 |
| STAFF PRESENTER(S): | David Williams, Contract Planner |
OTHER PRESENTER(S):
Kurt Waldier, Beus, Gilbert, McGroder PLLC
SUMMARY:
A request to rezone approximately 26.4 acres from PAD (Planned Area Development) Commercial to I-2 (General Industrial) with a PAD Overlay located approximately 1,200 feet west of South Cotton Lane on the north side of Maricopa County Route 85. (APN 502-49-020P)
RECOMMENDATION:
- Conduct a public hearing to consider the request to rezone approximately 26.4 acres from PAD (Planned Area Development) / Commercial to I-2 (General Industrial) located at the northwest corner of South Cotton Lane and Maricopa County Route 85.
- Recommend approval of the request to rezone approximately 26.4 acres from PAD (Planned Area Development) to I-2 (General Industrial) with a PAD Overlay located approximately 1,200 feet west of South Cotton Lane on the north side of Maricopa County Route 85. (APN 502-49-020P) as set forth in the draft of Ordinance No. 2023-1598 (David Williams, Contract Planner).
STIPULATIONS:
1. The Property shall be developed in accordance with the Permitted Uses and Development Standards applicable to the I-2 (General Industrial) Zoning District except as modified by that certain document titled “Logistics 85 PAD Regulatory Standards Book”, dated November 3, 2023 attached hereto as Exhibit C and declared a public record herein, which is referred to and made a part hereof as if fully set forth in this Ordinance and except as further modified by the Conditions of Approval/Stipulations set forth herein.
2. A landscape buffer of at least 50-feet wide shall be installed along MC85 and shall be entirely landscaped except for necessary driveways and walkways needed to for ingress and egress from MC85. A minimum of two continuous offset rows of 24-inch box trees shall be planted within the landscape buffer. Placement of trees shall be planned to maximize their screening potential and visibility of the trees.
3. Loading, delivery, roll-up/dock doors, and parking of truck-trailers front MC85 shall comply with the following requirements:
a. Loading, delivery, roll-up/dock doors and truck trailer parking for such areas shall be screened from public view with a combination of a two-foot high berm and six-foot high wall, or an eight-foot high wall. Either wall is to be constructed of brick, slump block, or masonry with a stucco, mortar wash finish, or a similar finish, and with an architecturally enhanced design that complements the building.
b. Gates visible to the public shall be wrought iron or other metal with an enhanced architectural design that fully screens the area behind said gate.
4. Except as modified by the PAD OVERLAY or the stipulations herein, development of the Property shall comply with all applicable provisions of the Goodyear Zoning Ordinance, including, but not limited to the applicable requirements in Article 9 governing development within the vicinity of federal and state freeways, highways and expressways and the requirements in Article 5-1-4-G of the Goodyear Zoning Ordinance that requires all temporary and permanent retention/ stormwater basins be entirely landscaped and irrigated.
5. No final plat shall be recorded, no site plans approved, and/or no construction permits issued until Owner has provided the City with all approvals and/or easements from jurisdictions or parties whose property interests will be impacted by the development contemplated by such final plat, site plan, and/or construction permit. This includes, but is not limited to, approvals and/or easements that may be needed from Maricopa County Department of Transportation, Buckeye Irrigation District, and the Flood Control District of Maricopa County. All required approvals and easements shall be in a form acceptable to the City Engineer or his/her designee; and
6. Approval of the rezoning does not constitute approval of any site plan for development within the Property. All future development will be subject to site plan review and approval by city staff by separate administrative action, at which time all elements of site development will be reviewed, including, but not limited to, architecture, landscaping, grading and drainage, lighting, infrastructure, parking, access and circulation; and
7. Owner shall construct, at Owner’s sole cost and expense, all on-site and off-site infrastructure improvements determined by the City as being necessary to provide water service and wastewater service to the Property including improvements identified in the approved Water and Sewer Report(s) that are to be submitted pursuant to Stipulation 17 below ; and
8. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the Property and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear. Said extinguishment shall occur prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permit for work within the Property, whichever is earlier; and,
9. Owner shall dedicate to the city, at no cost to the city, all rights-of-way and/or easements within and outside the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for making in-lieu payments; (iv) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein, and/or (vi) required for public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies. The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the City, free of all other easements or other encumbrances. Unless the timing of the required dedications is modified by any stipulation in this ordinance, the terms of a written development agreement approved by the Council or a written phasing plan approved by the City Engineer or his designee, all dedications shall be made prior to or concurrent with recordation of a final plat or approval of a site plan that includes the area in which the dedicated property is located or when requested by the City Engineer or his/her designee, whichever is earlier; and
10. Owner shall dedicate, at no cost to the City, any and all additional right-of-way required by Maricopa County Department of Transporation (“MCDOT”) along the portion of the Property fronting MC85 including, but not limited to, dedicating an additional 15 feet of right of way along the property frontage for an ultimate 65 feet of half street right-of-way for the north half of the section of MC85 along the frontage of the Property and any and all additional right-of-way determined by MCDOT as being required for the infrastructure identified in any approved Traffic Impact Analysis for which Owner is required to construct. The dedications required herein shall be in fee, lien free, and unencumbered except as otherwise approved by MCDOT or County Board of Supervisors; and
11. Owner shall obtain all approvals and permits from the Maricopa County Department of Transportation required for proposed improvements and points of access along MC-85; including but not limited to dedicating an additional 15 feet of right of way along the property frontage for an ultimate 65 feet of half street right-of-way; and
12. Owner shall, at no cost to the city, design and construct all improvements required for the completion of the full half-street improvements required by MCDOT for a Principal Arterial per the MCDOT Major Streets and Routes Plan for the section of MC-85 along the southern boundary of the Property (the “MC-85 Improvements”). The MC-85 Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion, Temporary Certificate of Occupancy, or Certificate of Occupancy for any structure within the Property unless modified by a written phasing plan approved by the City Engineer or his/her designee or a development agreement approved by the City Council.
13. Prior to issuance of any permit for any work within the Property, Owner shall dedicate to the city, at no cost to the city, a 10-foot public utility easement (“PUE”) along the MC-85 frontage. The easement shall be reviewed and approved by the City Attorney or his designee; and
14. In addition to constructing the infrastructure improvements specifically identified herein, Owner shall construct, at no cost to the City, all infrastructure improvements required by the City of Goodyear subdivision regulations, all Building Codes and Regulations adopted by city, and Engineering Design Standards and Policy Manual in effect at the time of construction; and
15. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, the City of Goodyear subdivision regulations, the City of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer, the Maricopa County Association of Governments standards for public works construction, and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property (collectively the “Development Regulations”). The references to specific Development Regulations, does not relieve Owner of complying with all other applicable Development Regulations, even those Development Regulations that address the same matters set forth herein; and
16. Owner shall, as determined by MCDOT, construct or remit an in-lieu payment towards the cost of a full traffic signal (all four legs) at the intersection of Access A and MC-85 as identified in any Traffic Impact Analysis approved by the City and MCDOT for the Property; and
17. The supporting documents submitted with the application and proposed PAD seeking to rezone the Property included site plan level of detail, including, but not limited to traffic impact analysis (“TIA”), preliminary sewer, water, and drainage designs, representations regarding water and sewer lines that will serve the Property, representations regarding the existence of water and sewer capacity, utility layouts, phasing plans, grading and drainage plans, and circulation plans. None of the supporting documents, plans, reports, designs, utility layouts, analysis, representations regarding location of water and sewer lines that will serve the property or the existence of water and sewer capacity sufficient to serve the Property are approved. Owner shall be required to submit current reports, studies, plans, designs with the first preliminary plat, and/or site plan(s), and/or final plat(s) submitted for the development of the Property (collectively “Development Applications”) as required in all applicable development regulations, including the City of Goodyear Engineering Design Standards and Policies Manual and shall be approved by the City Engineer or his/her designee and all other governmental agencies whose approval is required prior to the approval of the applicable Development Appplication.
18. Prior to the issuance of the first Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property, all existing above ground utilities, except for electric lines that are 69kV or larger, located within and adjacent to the Property, including but not limited to, cable and electrical utilities, shall be placed underground at no cost to the City; and
If any of the infrastructure improvements or any portion of the infrastructure improvements Owner is required to design and construct pursuant to the terms of this Ordinance have been constructed, are being constructed, or are to be constructed by the City, Owner shall remit a payment to the city in the amount of the actual costs incurred in the design and construction such infrastructure improvements if completed or, if not completed, the payment shall be in the amount of an engineer’s estimate of the costs as approved by the Goodyear City Engineer or his/her designee. The payment requirement herein shall be paid prior to or concurrent with the recordation of a final plat triggering Owner’s obligation to design and construct the infrastructure improvements or the issuance of a permit for any work within the Property, whichever is earlier.
2. A landscape buffer of at least 50-feet wide shall be installed along MC85 and shall be entirely landscaped except for necessary driveways and walkways needed to for ingress and egress from MC85. A minimum of two continuous offset rows of 24-inch box trees shall be planted within the landscape buffer. Placement of trees shall be planned to maximize their screening potential and visibility of the trees.
3. Loading, delivery, roll-up/dock doors, and parking of truck-trailers front MC85 shall comply with the following requirements:
a. Loading, delivery, roll-up/dock doors and truck trailer parking for such areas shall be screened from public view with a combination of a two-foot high berm and six-foot high wall, or an eight-foot high wall. Either wall is to be constructed of brick, slump block, or masonry with a stucco, mortar wash finish, or a similar finish, and with an architecturally enhanced design that complements the building.
b. Gates visible to the public shall be wrought iron or other metal with an enhanced architectural design that fully screens the area behind said gate.
4. Except as modified by the PAD OVERLAY or the stipulations herein, development of the Property shall comply with all applicable provisions of the Goodyear Zoning Ordinance, including, but not limited to the applicable requirements in Article 9 governing development within the vicinity of federal and state freeways, highways and expressways and the requirements in Article 5-1-4-G of the Goodyear Zoning Ordinance that requires all temporary and permanent retention/ stormwater basins be entirely landscaped and irrigated.
5. No final plat shall be recorded, no site plans approved, and/or no construction permits issued until Owner has provided the City with all approvals and/or easements from jurisdictions or parties whose property interests will be impacted by the development contemplated by such final plat, site plan, and/or construction permit. This includes, but is not limited to, approvals and/or easements that may be needed from Maricopa County Department of Transportation, Buckeye Irrigation District, and the Flood Control District of Maricopa County. All required approvals and easements shall be in a form acceptable to the City Engineer or his/her designee; and
6. Approval of the rezoning does not constitute approval of any site plan for development within the Property. All future development will be subject to site plan review and approval by city staff by separate administrative action, at which time all elements of site development will be reviewed, including, but not limited to, architecture, landscaping, grading and drainage, lighting, infrastructure, parking, access and circulation; and
7. Owner shall construct, at Owner’s sole cost and expense, all on-site and off-site infrastructure improvements determined by the City as being necessary to provide water service and wastewater service to the Property including improvements identified in the approved Water and Sewer Report(s) that are to be submitted pursuant to Stipulation 17 below ; and
8. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the Property and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear. Said extinguishment shall occur prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permit for work within the Property, whichever is earlier; and,
9. Owner shall dedicate to the city, at no cost to the city, all rights-of-way and/or easements within and outside the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for making in-lieu payments; (iv) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein, and/or (vi) required for public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies. The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the City, free of all other easements or other encumbrances. Unless the timing of the required dedications is modified by any stipulation in this ordinance, the terms of a written development agreement approved by the Council or a written phasing plan approved by the City Engineer or his designee, all dedications shall be made prior to or concurrent with recordation of a final plat or approval of a site plan that includes the area in which the dedicated property is located or when requested by the City Engineer or his/her designee, whichever is earlier; and
10. Owner shall dedicate, at no cost to the City, any and all additional right-of-way required by Maricopa County Department of Transporation (“MCDOT”) along the portion of the Property fronting MC85 including, but not limited to, dedicating an additional 15 feet of right of way along the property frontage for an ultimate 65 feet of half street right-of-way for the north half of the section of MC85 along the frontage of the Property and any and all additional right-of-way determined by MCDOT as being required for the infrastructure identified in any approved Traffic Impact Analysis for which Owner is required to construct. The dedications required herein shall be in fee, lien free, and unencumbered except as otherwise approved by MCDOT or County Board of Supervisors; and
11. Owner shall obtain all approvals and permits from the Maricopa County Department of Transportation required for proposed improvements and points of access along MC-85; including but not limited to dedicating an additional 15 feet of right of way along the property frontage for an ultimate 65 feet of half street right-of-way; and
12. Owner shall, at no cost to the city, design and construct all improvements required for the completion of the full half-street improvements required by MCDOT for a Principal Arterial per the MCDOT Major Streets and Routes Plan for the section of MC-85 along the southern boundary of the Property (the “MC-85 Improvements”). The MC-85 Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion, Temporary Certificate of Occupancy, or Certificate of Occupancy for any structure within the Property unless modified by a written phasing plan approved by the City Engineer or his/her designee or a development agreement approved by the City Council.
13. Prior to issuance of any permit for any work within the Property, Owner shall dedicate to the city, at no cost to the city, a 10-foot public utility easement (“PUE”) along the MC-85 frontage. The easement shall be reviewed and approved by the City Attorney or his designee; and
14. In addition to constructing the infrastructure improvements specifically identified herein, Owner shall construct, at no cost to the City, all infrastructure improvements required by the City of Goodyear subdivision regulations, all Building Codes and Regulations adopted by city, and Engineering Design Standards and Policy Manual in effect at the time of construction; and
15. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, the City of Goodyear subdivision regulations, the City of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer, the Maricopa County Association of Governments standards for public works construction, and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property (collectively the “Development Regulations”). The references to specific Development Regulations, does not relieve Owner of complying with all other applicable Development Regulations, even those Development Regulations that address the same matters set forth herein; and
16. Owner shall, as determined by MCDOT, construct or remit an in-lieu payment towards the cost of a full traffic signal (all four legs) at the intersection of Access A and MC-85 as identified in any Traffic Impact Analysis approved by the City and MCDOT for the Property; and
17. The supporting documents submitted with the application and proposed PAD seeking to rezone the Property included site plan level of detail, including, but not limited to traffic impact analysis (“TIA”), preliminary sewer, water, and drainage designs, representations regarding water and sewer lines that will serve the Property, representations regarding the existence of water and sewer capacity, utility layouts, phasing plans, grading and drainage plans, and circulation plans. None of the supporting documents, plans, reports, designs, utility layouts, analysis, representations regarding location of water and sewer lines that will serve the property or the existence of water and sewer capacity sufficient to serve the Property are approved. Owner shall be required to submit current reports, studies, plans, designs with the first preliminary plat, and/or site plan(s), and/or final plat(s) submitted for the development of the Property (collectively “Development Applications”) as required in all applicable development regulations, including the City of Goodyear Engineering Design Standards and Policies Manual and shall be approved by the City Engineer or his/her designee and all other governmental agencies whose approval is required prior to the approval of the applicable Development Appplication.
a. The Water and Sewer Analysis Reports submitted with the application for rezoning are not approved. The Water and Sewer Report(s) that are to be submitted pursuant to the requirements set forth above shall comply with all applicable requirements set forth in the Engineering Design Standards and Policies Manual and shall include an analysis of the existing conditions of the Lakin Park Lift Station verifying that the Lakin Park Lift Station can, without modification, adequately convey the additional proposed flows generated by the development of Property, the flows for existing development, and the flows from developments who have approved Water and Sewer Reports that contemplate the delivery of wastewater flows through the Lakin Park Lift Station or identifying the modifications to the Lakin Park Lift Station required to accommodate such flows. Owner shall, at Owner’s sole cost, construct all infrastructure improvements,including any required modifications to the Lakin Park Lift Station, identified in the approved Water and Sewer Report(s) as being needed to support the development of the Property.
b. The TIA submitted with the application for rezoning is not approved. The TIA(s) that are to be submitted pursuant to the requirements set forth above shall comply with all applicable requirements set forth in the Engineering Design Standards and Policies Manual and applicable requirements of MCDOT and approved by the City Engineer or his/her designee and by MCDOT and shall reflect traffic counts to be accounted for in TIA(s) as of the date the Development Applicaton is approved. The Traffic Impact Analysis shall identify all infrastructure required to accommodate the additional trips generated by the development of Property as rezoned, the location of all access points from the adjacent public rights-of-way to the Property. Owner shall, at Owner’s sole cost all infrastructure identified in all approved TIA(s) as being needed to support the development of the Property.
b. The TIA submitted with the application for rezoning is not approved. The TIA(s) that are to be submitted pursuant to the requirements set forth above shall comply with all applicable requirements set forth in the Engineering Design Standards and Policies Manual and applicable requirements of MCDOT and approved by the City Engineer or his/her designee and by MCDOT and shall reflect traffic counts to be accounted for in TIA(s) as of the date the Development Applicaton is approved. The Traffic Impact Analysis shall identify all infrastructure required to accommodate the additional trips generated by the development of Property as rezoned, the location of all access points from the adjacent public rights-of-way to the Property. Owner shall, at Owner’s sole cost all infrastructure identified in all approved TIA(s) as being needed to support the development of the Property.
18. Prior to the issuance of the first Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property, all existing above ground utilities, except for electric lines that are 69kV or larger, located within and adjacent to the Property, including but not limited to, cable and electrical utilities, shall be placed underground at no cost to the City; and
If any of the infrastructure improvements or any portion of the infrastructure improvements Owner is required to design and construct pursuant to the terms of this Ordinance have been constructed, are being constructed, or are to be constructed by the City, Owner shall remit a payment to the city in the amount of the actual costs incurred in the design and construction such infrastructure improvements if completed or, if not completed, the payment shall be in the amount of an engineer’s estimate of the costs as approved by the Goodyear City Engineer or his/her designee. The payment requirement herein shall be paid prior to or concurrent with the recordation of a final plat triggering Owner’s obligation to design and construct the infrastructure improvements or the issuance of a permit for any work within the Property, whichever is earlier.
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 Property was annexed into the City of Goodyear in 1986 with the adoption of Ordinance No. 1986-0186. The Property is currently part of El Cidro PAD and has a C-2 (General Commercial) designation. The PAD zoning was approved by City Council on March 5, 2007 with the adoption of Ordinance No. 07-1060, and lastly amended in 2018 with City Council approval and adoption of Ordinance 2018-1408 on September 27, 2018.
The applicant is requesting to rezone an approximately 26.4 acre parcel within the El Cidro PAD from PAD / Commercial to I-2 (General Industrial) with a PAR Overlay, located at the northwest corner of South Cotton Lane and Maricopa County Route 85 from PAD (Planned Area Development) to I-2 (General Industrial). This rezoning request has not been previously presented to the Planning and Zoning Commission or City Council.
The applicant is requesting to rezone an approximately 26.4 acre parcel within the El Cidro PAD from PAD / Commercial to I-2 (General Industrial) with a PAR Overlay, located at the northwest corner of South Cotton Lane and Maricopa County Route 85 from PAD (Planned Area Development) to I-2 (General Industrial). This rezoning request has not been previously presented to the Planning and Zoning Commission or City Council.
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.
Details of the Request:
The applicant is requesting a rezone of approximately 26.4 acres from PAD (Planned Area Development) Commercial to I-2 (General Commercial) with a PAD overlay to facilitate the development of industrial buildings and uses, subject to the stipulations found in Ordinance 2023-1598. The applicant is proposing a potential rail spur connection to the Union Pacific Railway on the north side of the Property.
The applicant is requesting a PAD overlay which would include the following deviations as outlined in their PAD Narrative which is attached.
If the rezoning is approved, the next steps in the entitlement process will be the submittal, review, and stipulated approval of a site plan application to ensure compliance with the rezoning stipulations, city codes, ordinances and design guidelines. To date, however, staff is not aware of any pending development proposed for the Property.
Area Description:
This property is an irregular, triangular shaped parcel which is bordered for the majority of the parcel by MC-85 on the south side and thee Union Pacific Railroad tracks to the north.
On the southwest side of the property there are two parcels zoned R-43 in unincorporated Maricopa County. Although residentially zoned, these two parcels are being used as a junk yard and automotive maintenance facility.
The east side of the property terminates a small point of the triangle approximately 1,200 feet west of Cotton Lane.
On the west side of the parcel the lots are zoned R-43 and are in unincorporated Maricopa County. These are currently owned by Arizona Department of Transportation for the future Loop 303 Alignment.
The north side of the parcel is the Union Pacific Railroad Tracks which enjoy a 200’ wide right of way. On the north side of the railroad tracks are two parcels, one zoned R-43 in unincorporated Maricopa County with R-43 zoning, which will have to be reconfigured at a later date to accommodate the Loop 303 alignment as well as a parcel within the city of Goodyear as part of the Cotton Lane Commerce Park. That parcel is an industrial use and also enjoys a rail spur connections within the City.
The general area is characterized by industrial uses, but the Lakin Park Bungalows, residential units currently under construction, are approximately 450’ to the southwest of the Property but do not share a border with the Property. Other residential in the area would be the El Cidro Phase 2 to the north, and a County large lot subdivision to the west, which are approximately 1,500’ and 1,400’ respectively. Separating these residential uses from the proposed project are the Union Pacific Railroad tracks, and future Look 303 Alignment.
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
Approximately 6.7 acres of the Property are located within the Industrial land use category and approximately 19.6 acres of the Property are located within the Business and Commerce land use category of the city’s 2025 General Plan.
The Industrial land use category provides areas for more intensive business and employment uses which have a greater impact on surrounding land uses. Appropriate uses for the Industrial land use include office, industrial, and business parks as well as supportive uses like public and community facilities. The Industrial land use category does consider the I-2 (General Industrial) zoning district.
The Business and Commerce land use 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. The Business and Commerce category includes 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. The Business and Commerce land use category does not consider the I-2 (General Industrial) zoning district as a correlating district.
The General Plan does not require General Plan amendments for changes to land use categories under 19.9 acres in size, thus staff is considering the rezone to I-2 with a PAD Overlay for the 19.6 acres of the Property that are within the Business and Commerce land use category to be compliant with the General Plan. In addition, In accordance with Development Standard 37 and 43, industrial uses shall be buffered from residential uses, and as required by the Zoning Ordinance, the development shall provide a 25-foot wide landscape buffer along the property lines adjacent to or separated by an alley, canal, easement or similar feature from residential properties. In the PAD Overlay, the applicant is proposing to meet those standards, with the exception of reducing the setbacks to a 20’ rear setback along the north side of the property. Given the design and layout of this property, the 20’ rear setback is to accommodate a rail spur for the adjacent Union Pacific Rail Line and a fire lane at that location. The closest residential properties to the north are approximately 1,400 feet away and given the railroad right of way and the future loop 303 alignment, staff agrees that this reduction is reasonable.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
Currently, the Property is vacant, undeveloped land with no special natural features. The proposed rezoning is consistent with the current suitability of the subject property’s physical and natural features for the uses permitted within the I-2 General Industrial zoning district. The PAD overlay address site specific constraints and are reasonable requests.
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
Uses and development surrounding the subject property include:
· North – Huhtamaki, zoned PAD, Industrial, and undeveloped land zoned Rural- 43 within Maricopa County
· West – vacant land zoned Rural-43 within Maricopa County (Owned by ADOT)
· South – MC85 and the Lakin Park PAD (Industrial) as well as developed land zoned Rural-43 within Maricopa County
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.
The proposed I-2 (General Industrial) with PAD overlay rezone is consistent with the properties zoned PAD, industrial east and northeast of the site within the city of Goodyear.
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 rezone from PAD (Planned Area Development) to I-2 (General Industrial) will result in a zoning district assigned to the Property that is generally considered in conformance with the General Plan as mentioned above.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Demands for public services will be identified and further reviewed during site plan and construction plan review process. The property owner/developer will need to demonstrate public services are available to serve the Property at the time of development. However, preliminary findings on the availability of public services are provided in the following sections.
Fire Response:
The subject property will continue to be served by Fire Station No. 184 and No. 181
Police Response:
The property is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property as proposed. This proposed rezone does not impact the ability of the department to serve the property.
Streets/Transportation:
The final location of any proposed access points will be determined during plat and/or site plan review and approval and will require approval by Maricopa County Department of Transportation as the street frontage is MC85.
Water/Wastewater:
With this rezone request, the subject property will continue to be served by the city of Goodyear. All infrastructure necessary to serve the subject property will be required to be installed by the property owner and/or developer.
7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.
The subject property is in an area where typical public services are currently provided. If the extension or upsizing of any utility lines is needed to serve the Property, then the extension or upsizing will be the responsibility of the owner/developer as part of the development process.
8. General public concerns.
Public Participation:
In accordance with the city’s Citizen Review Process, an alternative citizen review process was used. Notification was mailed to property owners within 500 feet of the subject property informing them of the application to rezone the property. In addition, a sign was posted on the property (MC85 frontage) to notify residents of rezone application. To date, staff has not received any public inquiries as a result of the notice
Notice for the public hearings before the Planning and Zoning Commission and City Council on December 6, 2023 and December 18, 2023, respectively, included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice published in the Arizona Republic Southwest Edition on November, 17 2023; and notice of public hearings signs were posted on the subject property. Information on the rezone request and these public hearings was also posted on the city’s website. To date, staff has not received any public inquiries as a result of this notice.
9. Whether the amendment promotes orderly growth and development.
The rezone from AU (Agricultural Urban) to I-2 (General Industrial) with PAD overlay, as stipulated, will promote continued orderly growth and development in conformance with the city’s Zoning Ordinance, Design Guidelines, and Engineering Standards.
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 from PAD (Planned Area Development) to I-2 (General Industrial) with a PAD overlay will continue to promote the general health, safety, and welfare of the city, as stipulated within the attached draft ordinance.
Recommendation
Staff finds that the rezone from PAD to the I-2 (General Industrial) with PAD overlay zoning is consistent with the General Plan and the Zoning Ordinance, and best serves the public interest, health, comfort, convenience, safety, and general welfare of the citizens of Goodyear. Pursuant to the evaluation of this proposed rezone, staff recommends approval of the conditional rezoning of the property subject to the stipulations in draft Ordinance No. 2023-1598.
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.
Details of the Request:
The applicant is requesting a rezone of approximately 26.4 acres from PAD (Planned Area Development) Commercial to I-2 (General Commercial) with a PAD overlay to facilitate the development of industrial buildings and uses, subject to the stipulations found in Ordinance 2023-1598. The applicant is proposing a potential rail spur connection to the Union Pacific Railway on the north side of the Property.
The applicant is requesting a PAD overlay which would include the following deviations as outlined in their PAD Narrative which is attached.
· Permitted Uses in the I-2 (General Commercial) District have been modified to prohibit certain intensive industrial uses that would otherwise detract from overall character of the surrounding community.
· Front setback to be reduced from 50 feet to 30 feet from the property line.
· Rear setback to be reduced from 50 feet to 20 feet from the rear property line.
· The 25 foot landscape buffer adjacent to single family zoning shall be reduced to 25 feet with a provision that fire access lanes shall be allowed within the landscape buffer and are exempt from planting requirements where fire lanes are located.
· An increase from 50% to 85% for the percentage of roll up and dock doors fronting a public street (MC-85).
The reduced front and rear setbacks are a result of the irregular triangular shaped lot as well as the adjacency of the Union Pacific Railroad Tracks. The increase in percentage of public road facing roll up doors and docks is justified because of the irregular shape of the property, its location between the rail road tracks on the north and MC85 on the south, and to facilitate the development of the property for rail served industrial users . The applicant will be providing an aesthetic screen wall with enhanced landscaping along MC-85 on the southern and western portions of the project, which will further screen the roll up doors and docks from visibility from public roads.· Front setback to be reduced from 50 feet to 30 feet from the property line.
· Rear setback to be reduced from 50 feet to 20 feet from the rear property line.
· The 25 foot landscape buffer adjacent to single family zoning shall be reduced to 25 feet with a provision that fire access lanes shall be allowed within the landscape buffer and are exempt from planting requirements where fire lanes are located.
· An increase from 50% to 85% for the percentage of roll up and dock doors fronting a public street (MC-85).
If the rezoning is approved, the next steps in the entitlement process will be the submittal, review, and stipulated approval of a site plan application to ensure compliance with the rezoning stipulations, city codes, ordinances and design guidelines. To date, however, staff is not aware of any pending development proposed for the Property.
Area Description:
This property is an irregular, triangular shaped parcel which is bordered for the majority of the parcel by MC-85 on the south side and thee Union Pacific Railroad tracks to the north.
On the southwest side of the property there are two parcels zoned R-43 in unincorporated Maricopa County. Although residentially zoned, these two parcels are being used as a junk yard and automotive maintenance facility.
The east side of the property terminates a small point of the triangle approximately 1,200 feet west of Cotton Lane.
On the west side of the parcel the lots are zoned R-43 and are in unincorporated Maricopa County. These are currently owned by Arizona Department of Transportation for the future Loop 303 Alignment.
The north side of the parcel is the Union Pacific Railroad Tracks which enjoy a 200’ wide right of way. On the north side of the railroad tracks are two parcels, one zoned R-43 in unincorporated Maricopa County with R-43 zoning, which will have to be reconfigured at a later date to accommodate the Loop 303 alignment as well as a parcel within the city of Goodyear as part of the Cotton Lane Commerce Park. That parcel is an industrial use and also enjoys a rail spur connections within the City.
The general area is characterized by industrial uses, but the Lakin Park Bungalows, residential units currently under construction, are approximately 450’ to the southwest of the Property but do not share a border with the Property. Other residential in the area would be the El Cidro Phase 2 to the north, and a County large lot subdivision to the west, which are approximately 1,500’ and 1,400’ respectively. Separating these residential uses from the proposed project are the Union Pacific Railroad tracks, and future Look 303 Alignment.
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
Approximately 6.7 acres of the Property are located within the Industrial land use category and approximately 19.6 acres of the Property are located within the Business and Commerce land use category of the city’s 2025 General Plan.
The Industrial land use category provides areas for more intensive business and employment uses which have a greater impact on surrounding land uses. Appropriate uses for the Industrial land use include office, industrial, and business parks as well as supportive uses like public and community facilities. The Industrial land use category does consider the I-2 (General Industrial) zoning district.
The Business and Commerce land use 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. The Business and Commerce category includes 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. The Business and Commerce land use category does not consider the I-2 (General Industrial) zoning district as a correlating district.
The General Plan does not require General Plan amendments for changes to land use categories under 19.9 acres in size, thus staff is considering the rezone to I-2 with a PAD Overlay for the 19.6 acres of the Property that are within the Business and Commerce land use category to be compliant with the General Plan. In addition, In accordance with Development Standard 37 and 43, industrial uses shall be buffered from residential uses, and as required by the Zoning Ordinance, the development shall provide a 25-foot wide landscape buffer along the property lines adjacent to or separated by an alley, canal, easement or similar feature from residential properties. In the PAD Overlay, the applicant is proposing to meet those standards, with the exception of reducing the setbacks to a 20’ rear setback along the north side of the property. Given the design and layout of this property, the 20’ rear setback is to accommodate a rail spur for the adjacent Union Pacific Rail Line and a fire lane at that location. The closest residential properties to the north are approximately 1,400 feet away and given the railroad right of way and the future loop 303 alignment, staff agrees that this reduction is reasonable.
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
Currently, the Property is vacant, undeveloped land with no special natural features. The proposed rezoning is consistent with the current suitability of the subject property’s physical and natural features for the uses permitted within the I-2 General Industrial zoning district. The PAD overlay address site specific constraints and are reasonable requests.
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
Uses and development surrounding the subject property include:
· North – Huhtamaki, zoned PAD, Industrial, and undeveloped land zoned Rural- 43 within Maricopa County
· West – vacant land zoned Rural-43 within Maricopa County (Owned by ADOT)
· South – MC85 and the Lakin Park PAD (Industrial) as well as developed land zoned Rural-43 within Maricopa County
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.
The proposed I-2 (General Industrial) with PAD overlay rezone is consistent with the properties zoned PAD, industrial east and northeast of the site within the city of Goodyear.
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 rezone from PAD (Planned Area Development) to I-2 (General Industrial) will result in a zoning district assigned to the Property that is generally considered in conformance with the General Plan as mentioned above.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Demands for public services will be identified and further reviewed during site plan and construction plan review process. The property owner/developer will need to demonstrate public services are available to serve the Property at the time of development. However, preliminary findings on the availability of public services are provided in the following sections.
Fire Response:
The subject property will continue to be served by Fire Station No. 184 and No. 181
| Nearest Goodyear Fire Station | Shortest path | Longest path | 2nd Nearest Goodyear Fire Station | Shortest path | Longest path | ||||
| Mins | Miles | Mins | Miles | Mins | Miles | Mins | Miles | ||
| #184 | 7.83 | 3.91 | 7.83 | 3.91 | #182 | 9.67 | 4.84 | 9.67 | 4.84 |
Police Response:
The property is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property as proposed. This proposed rezone does not impact the ability of the department to serve the property.
Streets/Transportation:
The final location of any proposed access points will be determined during plat and/or site plan review and approval and will require approval by Maricopa County Department of Transportation as the street frontage is MC85.
Water/Wastewater:
With this rezone request, the subject property will continue to be served by the city of Goodyear. All infrastructure necessary to serve the subject property will be required to be installed by the property owner and/or developer.
7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.
The subject property is in an area where typical public services are currently provided. If the extension or upsizing of any utility lines is needed to serve the Property, then the extension or upsizing will be the responsibility of the owner/developer as part of the development process.
8. General public concerns.
Public Participation:
In accordance with the city’s Citizen Review Process, an alternative citizen review process was used. Notification was mailed to property owners within 500 feet of the subject property informing them of the application to rezone the property. In addition, a sign was posted on the property (MC85 frontage) to notify residents of rezone application. To date, staff has not received any public inquiries as a result of the notice
Notice for the public hearings before the Planning and Zoning Commission and City Council on December 6, 2023 and December 18, 2023, respectively, included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice published in the Arizona Republic Southwest Edition on November, 17 2023; and notice of public hearings signs were posted on the subject property. Information on the rezone request and these public hearings was also posted on the city’s website. To date, staff has not received any public inquiries as a result of this notice.
9. Whether the amendment promotes orderly growth and development.
The rezone from AU (Agricultural Urban) to I-2 (General Industrial) with PAD overlay, as stipulated, will promote continued orderly growth and development in conformance with the city’s Zoning Ordinance, Design Guidelines, and Engineering Standards.
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 from PAD (Planned Area Development) to I-2 (General Industrial) with a PAD overlay will continue to promote the general health, safety, and welfare of the city, as stipulated within the attached draft ordinance.
Recommendation
Staff finds that the rezone from PAD to the I-2 (General Industrial) with PAD overlay zoning is consistent with the General Plan and the Zoning Ordinance, and best serves the public interest, health, comfort, convenience, safety, and general welfare of the citizens of Goodyear. Pursuant to the evaluation of this proposed rezone, staff recommends approval of the conditional rezoning of the property subject to the stipulations in draft Ordinance No. 2023-1598.
Attachments
- Aerial Map
- Zoning Map
- Applicant Narrative
- Applicant PAD Narrative
- Conceptual Site Plan
- Conceptual Color Elevations
- Perspective View
- DRAFT Ordinance