| AGENDA ITEM #:23-200-00006 DATE: April 17, 2024 CAR #: 1950 CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | REZONE APPROXIMATELY 53.24 ACRES FROM AU (AGRICULTURAL URBAN) TO BUSINESS PARK DISTRICT (BPD). |
| STAFF PRESENTER(S): | David Williams, Contract Planner |
OTHER PRESENTER(S):
Ed Bull, Burch Cracchiolo P.A.
SUMMARY:
This is a Public Hearing to rezone approximately 53.24 acres located one half mile west of Cotton Lane on the south side of Camelback Road (the “Property”) from Agricultural Urban (AU) to Business Park District (BPD).
RECOMMENDATION:
- Conduct a public hearing to consider the request to rezone approximately 53.24 acres located one half mile west of Cotton Lane on the south side of Camelback Road from the Agricultural Urban (AU) Zoning District to Business Park District (BPD).
- Recommend approval of the request to rezone approximately 53.24 acres located one half mile west of Cotton Lane on the south side of Camelback Road from the Agricultural Urban (AU) Zoning District to Business Park District (BPD)., as set forth in the draft of Ordinance No. 2024-1605. (David Williams, Contract Planner).
FISCAL IMPACT:
Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the city. The development is responsible for construction of all infrastructure necessary to serve the site and will generate one-time revenue for the city through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are to be constructed by the developer and then conveyed to the city two years after construction.
BACKGROUND AND PREVIOUS ACTIONS:
This property was originally annexed into the City of Goodyear on August 7, 1989 (Annexation 1989-0284) as part of a much larger 5,519.25 acre annexation expanding and establishing the most of the northern boundary of the city.
On May 7, 2006, the City Council adopted Ordinance No. 2006-0998 (Case 05-200-00024) conditional rezoning approximately 262 acres establishing the Talaverde Estates Planned Area Development (PAD) with residential and commercial uses. The Talaverde Estates PAD included the 53.24 acres that are subject to the proposed rezoning.
On August 18, 2018, the Goodyear City Council adopted Ordinance 2018-1395 (Case 18-200-00002) conditionally rezoning approximately 218 acres that had been included in the Talaverde Estates PAD. Approximately 164 acres was conditionally rezoned from PAD to R1-6 and approximately 53 acres was conditional rezoned from PAD to AU.
The area specific to this request is the approximately 53 acres that was zoned Agricultural Urban / AU by Ordinance 2018-1395. At the time of the rezoning, the property, which is immediately adjacent to the Luke Air Force Base 65 DNL Line on the east side of the property as intended to be developed as 13 rural residential lots to provide a buffer between the higher density residential adjacent to the western boundary of the Property and the industrial zoned property adjacent to the eastern boundary of the Property.
On May 7, 2006, the City Council adopted Ordinance No. 2006-0998 (Case 05-200-00024) conditional rezoning approximately 262 acres establishing the Talaverde Estates Planned Area Development (PAD) with residential and commercial uses. The Talaverde Estates PAD included the 53.24 acres that are subject to the proposed rezoning.
On August 18, 2018, the Goodyear City Council adopted Ordinance 2018-1395 (Case 18-200-00002) conditionally rezoning approximately 218 acres that had been included in the Talaverde Estates PAD. Approximately 164 acres was conditionally rezoned from PAD to R1-6 and approximately 53 acres was conditional rezoned from PAD to AU.
The area specific to this request is the approximately 53 acres that was zoned Agricultural Urban / AU by Ordinance 2018-1395. At the time of the rezoning, the property, which is immediately adjacent to the Luke Air Force Base 65 DNL Line on the east side of the property as intended to be developed as 13 rural residential lots to provide a buffer between the higher density residential adjacent to the western boundary of the Property and the industrial zoned property adjacent to the eastern boundary of the Property.
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. The current land use designation in the Goodyear 2025 General Plan is Neighborhoods. By separate action presented immediately prior to this rezoning request, Council adopted Resolution 2024-2397 amending the land use designation in the Goodyear 2025 General Plan. The proposed zoning is both consistent with the General Plan as amended and will not adversely impact the surrounding area.
Details of the Request:
The purpose of the proposed request to rezone 53.24 acres from Agricultural Urban (AU) to Business Park District (BPD). While not being approved as part of this rezoning action, the applicant states that the intent of the rezoning is to facilitate development of five business park styled buildings for use as warehouse space with an interior truck court and associated offices.
If approved, this would be the first implementation of the Business Park District (BPD) since this zoning designation was created in late 2023. The Business Park District is intended to be a transitional zoning designation between industrial and residential uses. As part of this, the applicant is not seeking zoning PAD amendments for the project. The applicant is are requesting waivers from engineering standards related to the separation of the entrances into the project, off of Camelback Road, which will be reviewed separately by the Engineering Department.
The results of this rezone from AU to BPD would result in the removal of approximately 13 residentially entitled lots and allow for the development of approximately 891,000 square feet of business park buildings and associated office space. Any proposed development will be required to go through the site plan process.
The project will be designated Lighting Zone 2 given the proximity of residential properties to the west. Staff has discussed and the applicant has agreed to pedestrian scaled lighting on the buildings on the west side of the project to ensure compatibility between uses. Additionally, the BPD requires an increased landscape buffer of 40’ and a double row of trees which the applicant has provided.
The ordinance requires the following offsite improvements to be included with the development of this site:
· 65-foot half right-of-way dedication and 10-foot PUE dedication for Camelback Road;
· Improvements related to the extension of the Interconnect Fiber Optic System along the Site’s frontage;
· Construction of a bus stop along the Site’s frontage at the half mile between Cotton Lane and Citrus Road; and
· Deceleration lanes on all driveways that access onto arterial streets.
The proposed development anticipates three driveways on Camelback Road and the addition of a private road on the eastern side of the site extending south from Camelback Road. The driveway cuts are subject to approval by the City.
Evaluation Criteria:
Per the city of Goodyear Zoning Ordinance, the city’s review and recommendation on a zoning amendment is to be guided by the following criteria:
1. Consistency with the General Plan.
The Goodyear 2025 General Plan designates the property with the ‘Neighborhoods’ Land Use designation; this designation allows for a variety of residential uses, however, a companion Minor General Plan Amendment application has been submitted in with this rezoning request which seeks to designate the property as ‘Business and Commerce’, if approved.
Goals, Objectives, and Standards within the General Plan that support rezoning of the property are as follows:
Physical Growth and Development
· Goal GD-2. Effectively managed and well-distributed growth that meets or exceeds the quality of existing development and addresses the needs of existing and future residents and businesses.
· Objective GD-2-1. Ensure that new development pays its fair share toward the cost of additional public service needs generated by that new development.
· Objective GD-2-4. Policy a. Protect the Luke Air Force Base Accident Potential Zones (APZ’s), and the Phoenix-Goodyear Airport Traffic Pattern Area (TPA) and their respective critical noise contours (i.e., 65 day-night noise level (DNL) and greater) surrounding Luke Air Force Base and Phoenix-Goodyear Airport from incompatible land uses in support of their continued and/or expanded future operations.
· Objective GD-6-6. Commit to water conservation.
· Objective GD-7-3. Ensure the built (i.e., man-made) environment fosters safety.
Economic Development
· Goal ED-1. A resilient and diversified economy.
· Objective ED-1-1. Encourage development to attract businesses in Goodyear that offer good wages and benefits and positively contribute to the community and economy.
· Objective ED-1-3. Create a built-environment that fosters economic 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.
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 – Currently undeveloped land, City of Glendale jurisdiction.
· West – Abel Ranch Subdivision
· East – Prologis 303, Industrial subdivision under construction.
· South – portions of Abel Ranch and the Prologis 303 Industrial Development.
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 zoning, base operations will not be adversely impacted by this development.
Phoenix-Goodyear Airport:
The project does not fall within the noise boundaries for Phoenix Goodyear Airport and airport operations will not be adversely impacted by this development.
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 Goodyear is in high demand for these type of uses.
6. 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.
School Districts:
This will have no impact on school attendance.
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 off of Camelback Road.
Water/Wastewater:
The subject property is located within the EPCOR water services area and City of Goodyear wastewater service area.
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 a Major Arterial roadway that will be improved to increase capacity and meet city standards.
8. General public concerns.
Public Participation:
A neighborhood meeting was held on February 22, 2024. All neighbors within 500 feet of the site were notified by mail, two signs were posted on the property, and notice was posted on the development map page as well as community events page on the Goodyear website. Only one interested party attended the public meeting. They discussed the project one on one with the applicant and were provided information to submit any comments directly to staff.
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 April 17, 2024 appeared in the Arizona Republic Southwest Valley Edition March 29, 2024; postcards were mailed to adjoining owners on March 22, 2024; and a sign posted on the site was updated on March 22, 2024.
A joint letter dated April 1, 2024 from Meritage Homes of Arizona, LLC, and Tri-Point Homes Arizona 91, LLC (collectively the “Residential Developers”) was filed with the City Clerk opposing the proposed general plan amendment and rezoning. These two entities collectively own all of the property rezoned by Ordinance 2018-1395 (approximately 164 acres) except for the approximately 53 acres subject to the proposed minor general plan amendment and rezoning application. The Residential Developers voiced their opposition after the owners of the Property and the Residential Developers were unable to reach agreement on acceptable measures to buffer the impacts of the operation of the proposed business park development on the adjacent residential development. A copy of that letter outlining the objections of the Residential Developers to the proposed general plan amendment and the proposed rezoning is attached.
9. Whether the amendment promotes orderly growth and development.
The subject property is within an area of active 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.
This proposed rezone is consistent with development in the area and within context of site constraints such as the arterial roads, surrounding land uses, Luke Air Force base noise contours and accident protection zones. This project would provide an appropriate buffer between industrial projects to the east and the residential to the west.
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 current land use designation in the Goodyear 2025 General Plan is Neighborhoods. By separate action presented immediately prior to this rezoning request, Council adopted Resolution 2024-2397 amending the land use designation in the Goodyear 2025 General Plan. The proposed zoning is both consistent with the General Plan as amended and will not adversely impact the surrounding area.
Details of the Request:
The purpose of the proposed request to rezone 53.24 acres from Agricultural Urban (AU) to Business Park District (BPD). While not being approved as part of this rezoning action, the applicant states that the intent of the rezoning is to facilitate development of five business park styled buildings for use as warehouse space with an interior truck court and associated offices.
If approved, this would be the first implementation of the Business Park District (BPD) since this zoning designation was created in late 2023. The Business Park District is intended to be a transitional zoning designation between industrial and residential uses. As part of this, the applicant is not seeking zoning PAD amendments for the project. The applicant is are requesting waivers from engineering standards related to the separation of the entrances into the project, off of Camelback Road, which will be reviewed separately by the Engineering Department.
The results of this rezone from AU to BPD would result in the removal of approximately 13 residentially entitled lots and allow for the development of approximately 891,000 square feet of business park buildings and associated office space. Any proposed development will be required to go through the site plan process.
The project will be designated Lighting Zone 2 given the proximity of residential properties to the west. Staff has discussed and the applicant has agreed to pedestrian scaled lighting on the buildings on the west side of the project to ensure compatibility between uses. Additionally, the BPD requires an increased landscape buffer of 40’ and a double row of trees which the applicant has provided.
The ordinance requires the following offsite improvements to be included with the development of this site:
· 65-foot half right-of-way dedication and 10-foot PUE dedication for Camelback Road;
· Improvements related to the extension of the Interconnect Fiber Optic System along the Site’s frontage;
· Construction of a bus stop along the Site’s frontage at the half mile between Cotton Lane and Citrus Road; and
· Deceleration lanes on all driveways that access onto arterial streets.
The proposed development anticipates three driveways on Camelback Road and the addition of a private road on the eastern side of the site extending south from Camelback Road. The driveway cuts are subject to approval by the City.
Evaluation Criteria:
Per the city of Goodyear Zoning Ordinance, the city’s review and recommendation on a zoning amendment is to be guided by the following criteria:
1. Consistency with the General Plan.
The Goodyear 2025 General Plan designates the property with the ‘Neighborhoods’ Land Use designation; this designation allows for a variety of residential uses, however, a companion Minor General Plan Amendment application has been submitted in with this rezoning request which seeks to designate the property as ‘Business and Commerce’, if approved.
Goals, Objectives, and Standards within the General Plan that support rezoning of the property are as follows:
Physical Growth and Development
· Goal GD-2. Effectively managed and well-distributed growth that meets or exceeds the quality of existing development and addresses the needs of existing and future residents and businesses.
· Objective GD-2-1. Ensure that new development pays its fair share toward the cost of additional public service needs generated by that new development.
· Objective GD-2-4. Policy a. Protect the Luke Air Force Base Accident Potential Zones (APZ’s), and the Phoenix-Goodyear Airport Traffic Pattern Area (TPA) and their respective critical noise contours (i.e., 65 day-night noise level (DNL) and greater) surrounding Luke Air Force Base and Phoenix-Goodyear Airport from incompatible land uses in support of their continued and/or expanded future operations.
· Objective GD-6-6. Commit to water conservation.
· Objective GD-7-3. Ensure the built (i.e., man-made) environment fosters safety.
Economic Development
· Goal ED-1. A resilient and diversified economy.
· Objective ED-1-1. Encourage development to attract businesses in Goodyear that offer good wages and benefits and positively contribute to the community and economy.
· Objective ED-1-3. Create a built-environment that fosters economic 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.
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 – Currently undeveloped land, City of Glendale jurisdiction.
· West – Abel Ranch Subdivision
· East – Prologis 303, Industrial subdivision under construction.
· South – portions of Abel Ranch and the Prologis 303 Industrial Development.
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 zoning, base operations will not be adversely impacted by this development.
Phoenix-Goodyear Airport:
The project does not fall within the noise boundaries for Phoenix Goodyear Airport and airport operations will not be adversely impacted by this development.
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 Goodyear is in high demand for these type of uses.
6. 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.
School Districts:
This will have no impact on school attendance.
Fire Response:
Emergency response times and distances are provided below:
| Nearest Goodyear Fire Station | Shortest path | 2nd Nearest Goodyear Fire Station | Shortest path | ||
| Mins | Miles | Mins | Miles | ||
| Fire Station #185 | 7.79 | 3.85 | Fire Station #183 | 6.02 | 12.05 |
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 off of Camelback Road.
Water/Wastewater:
The subject property is located within the EPCOR water services area and City of Goodyear wastewater service area.
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 a Major Arterial roadway that will be improved to increase capacity and meet city standards.
8. General public concerns.
Public Participation:
A neighborhood meeting was held on February 22, 2024. All neighbors within 500 feet of the site were notified by mail, two signs were posted on the property, and notice was posted on the development map page as well as community events page on the Goodyear website. Only one interested party attended the public meeting. They discussed the project one on one with the applicant and were provided information to submit any comments directly to staff.
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 April 17, 2024 appeared in the Arizona Republic Southwest Valley Edition March 29, 2024; postcards were mailed to adjoining owners on March 22, 2024; and a sign posted on the site was updated on March 22, 2024.
A joint letter dated April 1, 2024 from Meritage Homes of Arizona, LLC, and Tri-Point Homes Arizona 91, LLC (collectively the “Residential Developers”) was filed with the City Clerk opposing the proposed general plan amendment and rezoning. These two entities collectively own all of the property rezoned by Ordinance 2018-1395 (approximately 164 acres) except for the approximately 53 acres subject to the proposed minor general plan amendment and rezoning application. The Residential Developers voiced their opposition after the owners of the Property and the Residential Developers were unable to reach agreement on acceptable measures to buffer the impacts of the operation of the proposed business park development on the adjacent residential development. A copy of that letter outlining the objections of the Residential Developers to the proposed general plan amendment and the proposed rezoning is attached.
9. Whether the amendment promotes orderly growth and development.
The subject property is within an area of active 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.
This proposed rezone is consistent with development in the area and within context of site constraints such as the arterial roads, surrounding land uses, Luke Air Force base noise contours and accident protection zones. This project would provide an appropriate buffer between industrial projects to the east and the residential to the west.
Attachments
- DRAFT Ordinance 2024-1605
- Supplemental Zoning Map
- Applicant Narrative
- Aerial Image
- Letter of Opposition