| ITEM #: 12. DATE: 05/20/2024 AI #:1993 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | REZONE OF A PORTION OF LOTS 16 AND 17 IN AIRPORT COMMERCENTER |
| STAFF PRESENTER(S): | Ann Dolmage, Principal Planner |
SUMMARY
This is a public hearing to consider a rezone of approximately 5.6 acres of land generally located east of the southeast corner of El Sol and Bullard Avenue within the Airport Commercenter Planned Area Development (PAD), from PAD with underlying Light Industrial Park (I-1) zoning to General Industrial Park (I-2) zoning with a PAD Overlay.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT ORDINANCE NO. 2024-1610, CONDITIONALLY REZONING APPROXIMATELY 5.6 ACRES OF PROPERTY LOCATED EAST OF THE SOUTHEAST CORNER OF EL SOL AND BULLARD AVENUE FROM PLANNED AREA DEVELOPMENT (PAD) WITH UNDERLYING LIGHT INDUSTRIAL (I-1) ZONING TO GENERAL INDUSTRIAL PARK (I-2) WITH A PAD OVERLAY; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Ann Dolmage, Principal 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 constructed by the developer and then conveyed to the city two years after construction.
BACKGROUND AND PREVIOUS ACTIONS
The General Plan Land Use Plan designates the subject property (“the Property”) as Industrial. The Industrial land use category provides areas for more intensive business and employment uses which have a greater impact on surrounding land uses. Offices, industrial uses, and business parks are appropriate uses for this category.
On December 17, 1981, the Property was annexed into the Town of Goodyear along with several additional properties located in the vicinity of the Phoenix-Goodyear Airport.
On April 8, 1985, the Town of Goodyear Council approved a rezone of approximately 430 acres on the east side of Bullard Avenue and the north side of Broadway Road, extending eastward to the intersection of Litchfield Road and MC-85. The rezone was from a mix of hard General Commercial (C-2), I-1, and I-2 zoning, to the Final PAD zoning district with underlying C-2, I-1, and I-2 zoning. This new PAD was named Airport Commercenter.
Since 1985, several industrial and commercial developments have been constructed within the PAD, including near the intersection of Litchfield Road and MC-85, and along the east side of Bullard Avenue. In 2018, approximately 279 acres in the center of the PAD were rezoned to I-1 with a PAD Overlay to facilitate development of a Microsoft data center, which is now under construction. In 2023, an additional 8.17 acres located directly east of the Property obtained Special Use Permit and Site Plan approval for an RV storage facility, and a Preliminary Plat is now in process for that facility. The Property, however, has remained vacant and undeveloped since the 1985 rezone.
On December 17, 1981, the Property was annexed into the Town of Goodyear along with several additional properties located in the vicinity of the Phoenix-Goodyear Airport.
On April 8, 1985, the Town of Goodyear Council approved a rezone of approximately 430 acres on the east side of Bullard Avenue and the north side of Broadway Road, extending eastward to the intersection of Litchfield Road and MC-85. The rezone was from a mix of hard General Commercial (C-2), I-1, and I-2 zoning, to the Final PAD zoning district with underlying C-2, I-1, and I-2 zoning. This new PAD was named Airport Commercenter.
Since 1985, several industrial and commercial developments have been constructed within the PAD, including near the intersection of Litchfield Road and MC-85, and along the east side of Bullard Avenue. In 2018, approximately 279 acres in the center of the PAD were rezoned to I-1 with a PAD Overlay to facilitate development of a Microsoft data center, which is now under construction. In 2023, an additional 8.17 acres located directly east of the Property obtained Special Use Permit and Site Plan approval for an RV storage facility, and a Preliminary Plat is now in process for that facility. The Property, however, has remained vacant and undeveloped since the 1985 rezone.
STAFF ANALYSIS
Current Policy:
Details of the Request:
Evaluation Criteria:
General Plan Standard 43: General industrial uses are appropriate within the Industrial category and should be buffered from residential uses and commercial assembly, entertainment, and retail uses.
The Property is located within the Industrial land use designation of the City of Goodyear 2025 General Plan. The closest commercially zoned property is approximately 330 feet to the west (as part of the Estrella Commerce Park PAD) and is separated from the Property by Bullard Avenue as well as a parcel within the Airport Commercenter that allows light industrial uses. The closest property allowing residential uses is approximately 1,370 feet to the southwest and has Agricultural (AG) zoning. All parcels immediately bordering the Property are zoned PAD with underlying I-1 or I-2 zoning.
General Plan Standard 45: Land uses that create significant noise, glare, air contaminants, etc. that may or may not extend beyond property lines into adjacent properties shall be separated from all commercial land uses.
The parcels immediately surrounding the Property are zoned PAD with underlying I-1 or I-2 zoning. The closest commercially zoned property is approximately 330 feet to the west.
General Plan Standard 47: Industrial land uses are encouraged to locate adjacent to high capacity roadway corridors (freeways, railroads, parkways, and arterials) to leverage high visibility and vehicular access.
The property is undeveloped and predominantly flat but will be graded and developed in accordance with all applicable engineering design guidelines and standards.
Uses and development surrounding the Property include:
The proposed zoning district and PAD Overlay are compatible with other uses in the immediate area. The parcel to the immediate east of the Property is within the Airport Commercenter PAD, permits I-2 uses, and has entitlements for an RV storage facility. The properties to the north and west are also within this PAD and permit I-1 uses but are developed with uses that are compatible with a truck terminal, including manufacturing and distribution. The Property’s proximity to the Phoenix-Goodyear Airport and major thoroughfares such as MC-85, Bullard Avenue, and the future SR-30, combined with its distance from residential uses, makes it an appropriate location for many of the heavier industrial uses permitted in the I-2 district.
The rezone request includes a PAD Overlay that will reduce the I-2 minimum front setback from fifty (50) feet to twenty-five (25) feet and the minimum side setback from thirty (30) feet to twenty (20) feet. The requested 25-foot front setback is equivalent to the front setback required by the Airport Commercenter PAD regardless of use, so development on the Property will be placed no closer to the El Sol right-of-way than any other use fronting on this street. The requested 20-foot side setback is more restrictive than the zero-foot side setback required on properties within the Airport Commercenter PAD. The PAD Overlay does not propose to modify the I-2 rear setback, which is fifty (50) feet.
Luke Air Force Base:
5. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Below is a summary of impact to public services.
Streets/Transportation:
Stormwater:
Water/Wastewater:
Public services, including utilities, fire service, and police service, are already available for this area.
Public Participation, Public Comment and Planning and Zoning Commission Meeting:
A rezoning request requires public review by the Planning and Zoning Commission and approval from the City Council. The proposed amendment must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance.
Details of the Request:
The request is to rezone the approximately 5.6-acre Property from PAD with underlying I-1 zoning, to I-2 zoning with a PAD Overlay. The I-2 zone will permit the development of a truck terminal and logistics office on the site. This particular permitted use under the I-2 (General Industrial Park) Zoning District is appropriate for this location, but not all permitted uses under the I-2 (General Industrial Park) Zoning district are appropriate at this location. The PAD Overlay will restrict certain other I-2 uses that are not appropriate for this location. Additionally, the PAD Overlay will modify the minimum front setback for the Property from fifty (50) feet to twenty-five (25) feet and the minimum side setback from thirty (30) feet to twenty (20) feet. All other development standards not included in the PAD Overlay will be regulated in accordance with the standards of the City of Goodyear Zoning Ordinance, Design Guidelines, Subdivision Regulations, and other regulatory documents. Although there is reduction in setback from the standards already applicable to the I-2 (General Industrial Park) zoning district, the modified setbacks represent an increase over the setbacks that would otherwise apply under the existing PAD zoning. Although a conceptual site plan for the truck terminal has been provided for review, no development plans will be approved with the rezone application.
Evaluation Criteria:
1. Consistency with the General Plan.
As mentioned in the Background and Previous Actions section, the General Plan designates this area as Industrial. The Industrial land use category provides areas for more intensive business and employment uses such as offices, industrial uses, and business parks.
General Plan Standard 43: General industrial uses are appropriate within the Industrial category and should be buffered from residential uses and commercial assembly, entertainment, and retail uses.
The Property is located within the Industrial land use designation of the City of Goodyear 2025 General Plan. The closest commercially zoned property is approximately 330 feet to the west (as part of the Estrella Commerce Park PAD) and is separated from the Property by Bullard Avenue as well as a parcel within the Airport Commercenter that allows light industrial uses. The closest property allowing residential uses is approximately 1,370 feet to the southwest and has Agricultural (AG) zoning. All parcels immediately bordering the Property are zoned PAD with underlying I-1 or I-2 zoning.
General Plan Standard 45: Land uses that create significant noise, glare, air contaminants, etc. that may or may not extend beyond property lines into adjacent properties shall be separated from all commercial land uses.
The parcels immediately surrounding the Property are zoned PAD with underlying I-1 or I-2 zoning. The closest commercially zoned property is approximately 330 feet to the west.
General Plan Standard 47: Industrial land uses are encouraged to locate adjacent to high capacity roadway corridors (freeways, railroads, parkways, and arterials) to leverage high visibility and vehicular access.
The Project site is located approximately 250 feet east of Bullard Avenue and approximately 600 feet south of MC-85. The future State Route (SR) 30 alignment is expected to be located approximately 0.6 miles to the south of the Project and will include a traffic interchange at Bullard Avenue. SR-30 is still in the planning stages by the Arizona Department of Transportation (ADOT).
2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The property is undeveloped and predominantly flat but will be graded and developed in accordance with all applicable engineering design guidelines and standards.
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
Uses and development surrounding the Property include:
North (opposite side of El Sol) – Zoned Airport Commercenter PAD with underlying I-1 zoning and occupied by industrial uses.
East – Zoned Airport Commercenter PAD with underlying I-2 zoning. One parcel is developed with a warehouse building, while another obtained Special Use Permit and Site Plan approval for an RV storage facility on March 21, 2023.
South – Zoned Airport Commercenter PAD with underlying I-1 zoning. Developed with warehouse buildings.
West – Zoned Airport Commercenter PAD with underlying I-1 zoning. Developed with a multi-tenant business park for office and light industrial uses.
4. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning.
The proposed zoning district and PAD Overlay are compatible with other uses in the immediate area. The parcel to the immediate east of the Property is within the Airport Commercenter PAD, permits I-2 uses, and has entitlements for an RV storage facility. The properties to the north and west are also within this PAD and permit I-1 uses but are developed with uses that are compatible with a truck terminal, including manufacturing and distribution. The Property’s proximity to the Phoenix-Goodyear Airport and major thoroughfares such as MC-85, Bullard Avenue, and the future SR-30, combined with its distance from residential uses, makes it an appropriate location for many of the heavier industrial uses permitted in the I-2 district.
The rezone request includes a PAD Overlay that will reduce the I-2 minimum front setback from fifty (50) feet to twenty-five (25) feet and the minimum side setback from thirty (30) feet to twenty (20) feet. The requested 25-foot front setback is equivalent to the front setback required by the Airport Commercenter PAD regardless of use, so development on the Property will be placed no closer to the El Sol right-of-way than any other use fronting on this street. The requested 20-foot side setback is more restrictive than the zero-foot side setback required on properties within the Airport Commercenter PAD. The PAD Overlay does not propose to modify the I-2 rear setback, which is fifty (50) feet.
The PAD Overlay also identifies a customized list of permitted uses for this site. The list aligns closely with the uses allowed in the I-2 zone, though some more intensive uses (such as cement mixing plants, meat product plants, and outdoor entertainment venues) have been omitted due to their potential to cause adverse noise, odor, traffic, or other impacts to the area; their general incompatibility with neighboring I-1 uses; or their need for larger tracts of land than the Property can provide. A full list of the uses proposed to be permitted on the site is included in the attached “Rezone of a Portion of Lots 16 and 17 in Airport Commercenter – PAD Overlay (April 2024)”.
Luke Air Force Base:
The subject property is located within the vicinity of Luke Air Force Base, a military airport. Notice was provided to Luke, and they have indicated that base operations will not be adversely impacted by the proposed uses within this rezone request.
Phoenix-Goodyear Airport:
The subject property is located within the vicinity of Phoenix-Goodyear Airport. Notice was provided to the Airport, who responded that their operations will not be adversely impacted by the proposed uses within this rezone request.
5. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand.
The applicant intends to develop the Property with a truck terminal and logistics office, to include an approximately 3,202-square-foot office building, 18 standard and ADA parking spaces for staff and visitors, and 69 parking spaces for semi-trucks. While the office building is a permitted use under current zoning, the truck terminal is not, and a rezone is necessary. The property owner has represented that an influx of industrial development in the area (particularly warehouse and distribution centers) has created a need for such facilities, and that they are a superior alternative to parking trucks along public or private roads, or on off-street property that has inappropriate zoning or inadequate screening.
6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Below is a summary of impact to public services.
Fire Response:
Emergency response times and distances are provided below:
Police Response:
The subdivision is located within an existing Police patrol beat and the current level of service within the beat can accommodate the development of the property.
School Districts:
The Property is located within the Avondale Elementary School District and the Agua Fria Union High School District. The proposal does not include a residential component, so no impacts to schools are anticipated.
Streets/Transportation:
The Property is located on El Sol and accessible from MC-85, via either La Cometa or Bullard Avenue. It is also accessible from Broadway Road, again via Bullard Avenue. Per the City of Goodyear Transportation Master Plan, MC-85 is a road of regional significance, Bullard Avenue is an arterial, and Broadway Road, La Cometa, and El Sol are unclassified streets. Both MC-85 and Bullard Avenue have designated bicycle lanes.
The Property is also located approximately 0.6 miles north of the proposed alignment for SR-30, which is still in the planning stages by ADOT. A traffic interchange is anticipated at the intersection of SR-30 and Bullard Avenue.
Stormwater:
A stormwater management system and a storm water pollution prevention plan will be developed in accordance with City of Goodyear Engineering Design Standards as part of the site plan review and approval process.
Water/Wastewater:
The subject property is located within the City of Goodyear water and wastewater service area.
Solid Waste/Recycling:
Solid waste and recycling services for the property will be contracted through a private commercial provider.
7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided;
Public services, including utilities, fire service, and police service, are already available for this area.
Public Participation, Public Comment and Planning and Zoning Commission Meeting:
Pursuant to the Alternative Citizen Review process, a postcard was mailed on December 12, 2023, to all property owners within 500 feet of the Property to inform them of the proposed rezone. As of the writing of this report, no calls or emails have been received about the project in response to this mailing.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 feet of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, West Valley Edition, on April 19, 2024. To date, staff has not received any inquiries on the project.
On May 8, 2024, the Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (5-0) to recommend approval, subject to the staff proposed stipulations.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 feet of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, West Valley Edition, on April 19, 2024. To date, staff has not received any inquiries on the project.
On May 8, 2024, the Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (5-0) to recommend approval, subject to the staff proposed stipulations.