| ITEM #: 6. DATE: 05/06/2024 AI #:2016 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | REZONE APPROXIMATELY 53.24 ACRES FROM AGRICULTURAL URBAN (AU) TO BUSINESS PARK DISTRICT (BPD) |
| STAFF PRESENTER(S): | Katie Wilken, Director of Development Services |
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).
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT ORDINANCE NO. 2024-1605 CONDITIONALLY REZONING APPROXIMATELY 53.24 GROSS ACRES LOCATED APPROXIMATELY ONE-HALF MILE WEST OF COTTON LANE ON THE SOUTH SIDE OF CAMELBACK ROAD FROM AGRICULTURAL URBAN (AU) TO BUSINESS PARK DISTRICT (BPD); 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. (Katie Wilken, Director of Development Services)
STIPULATIONS
CONDITIONS OF REZONING
The rezoning of the Property is subject to the following conditions of approval (“Stipulations”):
1. The Property shall be developed in accordance with the Permitted Uses and Development Standards applicable to the Business Park District (BPD) Zoning District except as otherwise provided in this Ordinance; and,
2. The maximum height of all structures within the Property shall be limited to no more than 40’; and,
3. Except as provided herein, there shall be no-cross access between the Property and the residential development to the west of the Property; and,
4. This property shall be designated as Lighting Zone 2; and,
5. A double row of trees consisting of 24-inch and 36-inch trees (50% of the trees shall be 24-inch and 50% shall be 36-inch) shall be provided along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2; and
6. The first site plan submitted for development within the Property shall include plans for a wall along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2 that is at least 8 feet tall unless a wall has already been constructed or is under construction along the boundaries of the foregoing lots. The wall required herein shall be completed prior to the issuance of any temporary certificate of occupancy, certificate of completion and/or permanent certificate of occupancy for any building within the Property; and,
7. All development on the subject property shall comply with the City of Goodyear Design Guidelines in effect at the time of development; and,
8. Approval of the rezoning does not constitute approval of any site plan for development within the Property. The conceptual site plan submitted with the application for rezoning is not approved. All future development will be subject to site plan review and approval by City staff, 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
9. The Traffic Impact Analysis (TIA or TIS) submitted with the application for rezoning is not approved. An updated Traffic Impact Analysis that complies with all of the requirements in the Engineering Design Standards and Policies Manual shall be submitted with the first preliminary plat, site plan or construction documents, whichever is earlier, for the development of the Property and approved by the City Engineer or his/her designee. The Traffic Impact Analysis shall identify all infrastructure required to accommodate the additional trips generated by the development of Property as rezoned, and the location of all access points from the public right-of-way to the Property. Unless a written waiver is approved by the City Engineer or his designee, all access points shall comply with all applicable regulations including the requirements in the Engineering Design Standards and Policies Manual; and,
10. Owner shall construct full south half-street improvements for W. Camelback Road required for a Major Arterial as set forth in the Engineering Design Standards in effect at the time of construction for the section of W. Camelback Road along the northern boundary of the Property, including, but not limited to, pavement, curb and gutter, one-half median, one-half median landscaping, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “W. Camelback Road Improvements”). Except as otherwise provided in a written development agreement approved by Council or a written phasing plan approved by the City Engineer or his/her designee, the W. Camelback Road Improvements shall be constructed and accepted by the City prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
11. Owner shall, at no cost to the City, construct a bus bay along the property frontage, on W. Camelback Road, at the half mile location between N. Cotton Lane and N. Citrus Road. If necessary, Owner shall dedicate, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, any additional right-of-way needed for the bus bay Owner is required to construct. The bus bay shall be constructed and accepted by the City prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
12. If all or part of the required W. Camelback Road Improvements have been constructed by the City of Goodyear or by others at the request of the City of Goodyear, Owner shall remit to the City of Goodyear an in-lieu payment for the costs the City of Goodyear or the third party incurred in constructing such improvements and Owner shall construct all remaining required W. Camelback Road Improvements. The payment required hereunder shall be remitted prior to the issuance of any permit from construction within the Property. The remaining W. Camelback Road Improvements, including the bus bay referred to above, shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
13. Owner shall, at Owner’s sole cost and expense, construct all infrastructure improvements identified by the City Engineer or his/her designee as being needed for the city to provide wastewater services to the Property. Prior to the approval of any site plan for the Property, Owner shall obtain approval of an update to the Wastewater Master Plan for Section 23 Improvements prepared by Hilgart Wilson and adopted by Resolution 2020-2074 of the Goodyear City Council (the “Section 23 Master Wastewater Study”) that reflects the changes to the zoning of the Property and that identifies any changes in infrastructure needed as a result of the rezoning of the Property. Owner shall construct the applicable infrastructure improvements identified in the Section 23 Master Wastewater Study as amended, including the completion of any and all upgrades to the Section 23 Lift Station and associated infrastructure that may be required because of any increased wastewater generation caused by the rezoning of the Property (the “Section 23 Lift Station Upgrades”). The Section 23 Lift Station Upgrades shall adequately convey the additional proposed flows generated by the development of Property as rezoned consistent with all applicable Development Regulations, including requirements in the Engineering Design Standards and Policies Manual in effect at the time of development. If the actual wastewater generated from the Property exceed the amounts reflected in the update of the Section 23 Wastewater Master Plan, Owner shall, at Owner’s sole cost be responsible for making any additional improvements required; and,
14. Portions of the Property may be located within the FEMA FIRM Map 04013C1670L dated October 16, 2013. If alterations of the Floodplain are required for the development of the Property, a CLOMR shall be submitted to the City Engineer prior to or concurrent with the submittal of the first site plan or first preliminary plat for the development of the Property. A CLOMR shall be submitted to and approved by the City Engineer or his/her designee prior to submittal of any final plat and/or civil construction drawings for development within the floodplain unless a CLOMR is not required as determined by the City Engineer, in which case Owner may proceed directly to LOMR which shall be submitted and approved by the City Engineer or his/her designee before the issuance of construction permits for work within the floodplain; and,
15. 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 the City, and Engineering Design Standards and Policy Manual in effect at the time of development; and,
16. Owner shall dedicate, at no cost to the city, all rights-of-way and/or easements within the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide 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 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 at no cost to the city and lien free and free from all encumbrances other than those approved by the City Engineer or his/her designee. The dedications herein shall be made when required by applicable development regulations or when requested by the City Engineer or his/her designee, whichever is earlier; and,
17. 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, all Building Codes and Regulations adopted by the City of Goodyear, and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property.
The rezoning of the Property is subject to the following conditions of approval (“Stipulations”):
1. The Property shall be developed in accordance with the Permitted Uses and Development Standards applicable to the Business Park District (BPD) Zoning District except as otherwise provided in this Ordinance; and,
2. The maximum height of all structures within the Property shall be limited to no more than 40’; and,
3. Except as provided herein, there shall be no-cross access between the Property and the residential development to the west of the Property; and,
a. Prior to the issuance of any permit for construction within the Property, Owner shall provide the City, in a form provided by the city attorney or his designee, with a one foot (1’) Vehicular Non-Access Easement (“VNAE”) along the boundary of the Property adjacent to the property included within the Final Plat of Abel Ranch Phase 1 recorded in the Official Records of the Maricopa County Recorder, Arizona at Book 1669 Page 12 (the “Final Plat of Abel Ranch Phase 1”) and within the Final Plat of Abel Ranch Phase 2 recorded in Official Records of Maricopa County Recorder, Arizona at Book 1774 Page 31 (the “Final Plat of Abel Ranch Phase 2”). The VNAE shall prohibit all vehicular access between the Property and the property within the Final Plat of Abel Ranch Phase 1 and within the Final Plat of Abel Ranch Phase 2 except for the area between Lots 306 and 386 of the Final Plat of Abel Ranch Phase 2, which will allow access solely for emergency service providers. The VNAE required herein shall supersede and terminate any other easement, whether recorded or not, that grants the owner of the Property any access rights within the Final Plat of Abel Ranch Phase 1 and within the Final Plat of Abel Ranch Phase 2. The VNAE shall be in a form provided by the Goodyear City Attorney or his designee; and,
b. Owner shall construct, at Owner’s sole cost and expense, all improvements identified by the City as being needed to ensure that any access between the Property and the property to the west is limited to emergency vehicles only. The improvements shall include, at a minimum, a gate (no chains) designed to be complimentary of the residential neighborhood to be approved during the site plan approval process and locking mechanisms required by the Goodyear Fire Chief or designee. In addition, Owner, at Owner’s sole cost and expense, shall install landscaping on the Property along the sides of Lots 306 and 386 of the Final Plat of Abel Ranch Phase 2; and,
b. Owner shall construct, at Owner’s sole cost and expense, all improvements identified by the City as being needed to ensure that any access between the Property and the property to the west is limited to emergency vehicles only. The improvements shall include, at a minimum, a gate (no chains) designed to be complimentary of the residential neighborhood to be approved during the site plan approval process and locking mechanisms required by the Goodyear Fire Chief or designee. In addition, Owner, at Owner’s sole cost and expense, shall install landscaping on the Property along the sides of Lots 306 and 386 of the Final Plat of Abel Ranch Phase 2; and,
4. This property shall be designated as Lighting Zone 2; and,
a. All lighting on the western side of buildings located within 325’ of the western property line shall incorporate pedestrian scaled lighting to be approved during the site plan process. The pedestrian scaled lighting shall be mounted no more than 8 feet high and shall be shoe box style lights, or similar, to provide shielding; and
5. A double row of trees consisting of 24-inch and 36-inch trees (50% of the trees shall be 24-inch and 50% shall be 36-inch) shall be provided along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2; and
6. The first site plan submitted for development within the Property shall include plans for a wall along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2 that is at least 8 feet tall unless a wall has already been constructed or is under construction along the boundaries of the foregoing lots. The wall required herein shall be completed prior to the issuance of any temporary certificate of occupancy, certificate of completion and/or permanent certificate of occupancy for any building within the Property; and,
7. All development on the subject property shall comply with the City of Goodyear Design Guidelines in effect at the time of development; and,
8. Approval of the rezoning does not constitute approval of any site plan for development within the Property. The conceptual site plan submitted with the application for rezoning is not approved. All future development will be subject to site plan review and approval by City staff, 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
9. The Traffic Impact Analysis (TIA or TIS) submitted with the application for rezoning is not approved. An updated Traffic Impact Analysis that complies with all of the requirements in the Engineering Design Standards and Policies Manual shall be submitted with the first preliminary plat, site plan or construction documents, whichever is earlier, for the development of the Property and approved by the City Engineer or his/her designee. The Traffic Impact Analysis shall identify all infrastructure required to accommodate the additional trips generated by the development of Property as rezoned, and the location of all access points from the public right-of-way to the Property. Unless a written waiver is approved by the City Engineer or his designee, all access points shall comply with all applicable regulations including the requirements in the Engineering Design Standards and Policies Manual; and,
a. Owner shall construct, at Owner’s sole cost, all infrastructure identified in the approved Traffic Impact Analysis as being needed to support the development of the property, and shall dedicate, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, the property required for the infrastructure identified in the approved Traffic Impact Analysis, which dedication shall be in fee, lien free, and unencumbered except as otherwise approved by the City Engineer of his/her designee; and,
b. No access points into or out of the Property have been approved. When access point(s) are approved, and if traffic signal(s) required at any of the approved access points, Owner shall, at Owner’s sole cost and expense, the full traffic signal (all legs). Owner shall, dedicate, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, the property required for construction of all required traffic signals. Owner shall be responsible for acquiring and dedicating to the City, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, all property located outside the boundaries of the Property needed for the traffic signals Owner is required to construct. All required traffic signals shall be constructed and accepted by the City prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
10. Owner shall construct full south half-street improvements for W. Camelback Road required for a Major Arterial as set forth in the Engineering Design Standards in effect at the time of construction for the section of W. Camelback Road along the northern boundary of the Property, including, but not limited to, pavement, curb and gutter, one-half median, one-half median landscaping, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “W. Camelback Road Improvements”). Except as otherwise provided in a written development agreement approved by Council or a written phasing plan approved by the City Engineer or his/her designee, the W. Camelback Road Improvements shall be constructed and accepted by the City prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
a. Notwithstanding the foregoing, at the request of the City Engineer or designee, rather than constructing the median and installing the median landscaping, Property Owner shall remit to the City an in-lieu payment for one-half the cost of a full median and full-median landscaping, for any required median. The in-lieu payment for the median shall be the amount reflected in a cost recovery resolution or ordinance adopted that includes the median and landscaping if the median and landscaping have been completed when the payment is owed, the actual costs of median and landscaping if completed when payment is owed, or, if not constructed, the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payment required herein shall be paid prior to the issuance of any construction permits for the construction of the W. Camelback Road Improvements; and,
b. Owner shall, at no cost to the city, dedicate, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, 65-feet of right-of-way for the south half of W. Camelback Road along and adjacent to the northern boundary of the Property required for the construction of W. Camelback Road Improvements. The conveyance shall be made prior to the issuance of any permits for the construction of the W. Camelback Road Improvements or upon the written request of the City Engineer, whichever is earlier; and,
b. Owner shall, at no cost to the city, dedicate, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, 65-feet of right-of-way for the south half of W. Camelback Road along and adjacent to the northern boundary of the Property required for the construction of W. Camelback Road Improvements. The conveyance shall be made prior to the issuance of any permits for the construction of the W. Camelback Road Improvements or upon the written request of the City Engineer, whichever is earlier; and,
11. Owner shall, at no cost to the City, construct a bus bay along the property frontage, on W. Camelback Road, at the half mile location between N. Cotton Lane and N. Citrus Road. If necessary, Owner shall dedicate, at no cost to the City, in fee and free from all encumbrances other than those approved by the City Engineer or his/her designee, any additional right-of-way needed for the bus bay Owner is required to construct. The bus bay shall be constructed and accepted by the City prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
12. If all or part of the required W. Camelback Road Improvements have been constructed by the City of Goodyear or by others at the request of the City of Goodyear, Owner shall remit to the City of Goodyear an in-lieu payment for the costs the City of Goodyear or the third party incurred in constructing such improvements and Owner shall construct all remaining required W. Camelback Road Improvements. The payment required hereunder shall be remitted prior to the issuance of any permit from construction within the Property. The remaining W. Camelback Road Improvements, including the bus bay referred to above, shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property; and,
13. Owner shall, at Owner’s sole cost and expense, construct all infrastructure improvements identified by the City Engineer or his/her designee as being needed for the city to provide wastewater services to the Property. Prior to the approval of any site plan for the Property, Owner shall obtain approval of an update to the Wastewater Master Plan for Section 23 Improvements prepared by Hilgart Wilson and adopted by Resolution 2020-2074 of the Goodyear City Council (the “Section 23 Master Wastewater Study”) that reflects the changes to the zoning of the Property and that identifies any changes in infrastructure needed as a result of the rezoning of the Property. Owner shall construct the applicable infrastructure improvements identified in the Section 23 Master Wastewater Study as amended, including the completion of any and all upgrades to the Section 23 Lift Station and associated infrastructure that may be required because of any increased wastewater generation caused by the rezoning of the Property (the “Section 23 Lift Station Upgrades”). The Section 23 Lift Station Upgrades shall adequately convey the additional proposed flows generated by the development of Property as rezoned consistent with all applicable Development Regulations, including requirements in the Engineering Design Standards and Policies Manual in effect at the time of development. If the actual wastewater generated from the Property exceed the amounts reflected in the update of the Section 23 Wastewater Master Plan, Owner shall, at Owner’s sole cost be responsible for making any additional improvements required; and,
14. Portions of the Property may be located within the FEMA FIRM Map 04013C1670L dated October 16, 2013. If alterations of the Floodplain are required for the development of the Property, a CLOMR shall be submitted to the City Engineer prior to or concurrent with the submittal of the first site plan or first preliminary plat for the development of the Property. A CLOMR shall be submitted to and approved by the City Engineer or his/her designee prior to submittal of any final plat and/or civil construction drawings for development within the floodplain unless a CLOMR is not required as determined by the City Engineer, in which case Owner may proceed directly to LOMR which shall be submitted and approved by the City Engineer or his/her designee before the issuance of construction permits for work within the floodplain; and,
15. 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 the City, and Engineering Design Standards and Policy Manual in effect at the time of development; and,
16. Owner shall dedicate, at no cost to the city, all rights-of-way and/or easements within the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide 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 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 at no cost to the city and lien free and free from all encumbrances other than those approved by the City Engineer or his/her designee. The dedications herein shall be made when required by applicable development regulations or when requested by the City Engineer or his/her designee, whichever is earlier; and,
17. 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, all Building Codes and Regulations adopted by the City of Goodyear, and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property.
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 was 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 was 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 is 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 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:
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
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:
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 West 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.
On April 17, 2024, the Planning Commission held a public hearing on this proposal. Other than the applicant, there were no members of the public present and other than the objections raised in the joint letter from the residential developers discussed above, no public comments have been received on this request. The day of the public hearing staff received an e-mail that was sent to the attorney representing the applicant from Meritage Homes’s representative. In this e-mail, Meritage withdrew its opposition to the rezoning and minor general plan amendment based on the owner’s committing to certain conditions.
During the hearing, the Commissioners indicated support for the rezoning of the Property to the newly created Business Park District because it was unlikely that the Property would develop under its current AU designation (large lot residential – minimum of 1 acre) given its proximity to the Luke Air Force base noise contours and its adjacency to industrial development to the east. The conditions in the letter were discussed and there was general support for the concepts but because of the lateness in the submittal, there were no stipulations to present for actual consideration. The Commissioners voted 6-0 in support of the application with the understanding that staff would be working with the applicant on stipulations to address the concerns underlying the conditions set forth in the e-mail staff received on April 17, 2024.
Stipulations have been incorporated into the ordinance being presented that are consistent with the requests in the e-mail staff received on April 17, 2024 except as follows:
The Residential Developers have been provided a copy of the revised ordinance. If they have objections to the additional stipulations or wish to see any of the stipulations that were included modified, they will have an opportunity to present their respective cases during the upcoming public hearing.
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.
Recommendation
Subject to Council’s approval of the Minor General Plan Amendment presented concurrently with this rezoning request, staff finds that the rezone from AU to BPD is consistent with the General Plan and Goodyear Zoning Ordinance, and based on the analysis above believes its adoption 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 the adoption of Ordinance 2024-1605, conditionally rezoning the property as set forth in the ordinance.
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 is 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 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 Public Utility Easement (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.
· 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.
· 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.
· 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.
· 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 West 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.
On April 17, 2024, the Planning Commission held a public hearing on this proposal. Other than the applicant, there were no members of the public present and other than the objections raised in the joint letter from the residential developers discussed above, no public comments have been received on this request. The day of the public hearing staff received an e-mail that was sent to the attorney representing the applicant from Meritage Homes’s representative. In this e-mail, Meritage withdrew its opposition to the rezoning and minor general plan amendment based on the owner’s committing to certain conditions.
During the hearing, the Commissioners indicated support for the rezoning of the Property to the newly created Business Park District because it was unlikely that the Property would develop under its current AU designation (large lot residential – minimum of 1 acre) given its proximity to the Luke Air Force base noise contours and its adjacency to industrial development to the east. The conditions in the letter were discussed and there was general support for the concepts but because of the lateness in the submittal, there were no stipulations to present for actual consideration. The Commissioners voted 6-0 in support of the application with the understanding that staff would be working with the applicant on stipulations to address the concerns underlying the conditions set forth in the e-mail staff received on April 17, 2024.
Stipulations have been incorporated into the ordinance being presented that are consistent with the requests in the e-mail staff received on April 17, 2024 except as follows:
· A double row of trees consisting of 24-inch and 36-inch trees (50% of the trees shall be 24-inch and 50% shall be 36-inch) shall be provided along the western property line in the areas located between lots 263 and 386 of the Abel Ranch subdivision to the west.
The stipulation included in the Ordinance only requires the trees described above to be provided along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2. The stipulation was revised to require the improvements adjacent to specific lots. The western boundary of the Property between the area of Lots 263 and 275 is a large landscape tract. There was no reason to include requirements for trees adjacent to a large landscape tract. The area between lots 275 to 386 would require trees be installed adjacent to two large oversized lots, a landscape tract, and the location of the secondary point of access required for emergency access. There was no reason to include requirements for trees adjacent to a large landscape tract.
· Along the narrowest portion of the western perimeter (between Abel Ranch Lots 263- 386) NBA agrees to split 50-50 the cost of an 8’ tall wall. Whoever develops first to build the wall on their property adjacent to the common property line and the other reimburses upon commencement of their development — with the agreement (needing to be approved by the City) the one wall will suffice (no requirement for two parallel walls). If Tri Pointe and/or Meritage wants more 8’ wall than between Lots 263-386, NBA isn’t opposed to it but the extra length of 8’ wall would be at the cost of whichever homebuilder(s) wants it (with no reimbursement from NBA).
The proposed stipulation would require a private agreement between the parties, which is beyond the scope of what can be accomplished with a zoning ordinance. Because the focus of the request was on having a taller wall between the narrowest portion of the western perimeter of Abel Ranch (i.e. the distance between the boundary of the Property and the residential units developed within the lots) the stipulation was limited to requiring a wall between Lots 275 through 287. To do otherwise would require a wall to be installed along landscape tracts, oversized lots and the location of the second point of access needed for emergency access. Also, the obligation was limited so that the wall only had to be constructed if the Abel Ranch residential developer had not installed or was not installing a wall when development was occurring on the Property.
The first site plan submitted for development within the Property shall include plans for a wall along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2 that is at least 8 feet tall unless a wall has already been constructed or is under construction along the eastern boundary of the foregoing lots. The wall required herein shall be completed prior to the issuance of any temporary certificate of occupancy, certificate of completion and/or permanent certificate of occupancy for any building within the Property.
The first site plan submitted for development within the Property shall include plans for a wall along the boundary of the Property adjacent to Lots 275 through 287 (inclusive) of the Final Plat of Abel Ranch Phase 2 that is at least 8 feet tall unless a wall has already been constructed or is under construction along the eastern boundary of the foregoing lots. The wall required herein shall be completed prior to the issuance of any temporary certificate of occupancy, certificate of completion and/or permanent certificate of occupancy for any building within the Property.
The Residential Developers have been provided a copy of the revised ordinance. If they have objections to the additional stipulations or wish to see any of the stipulations that were included modified, they will have an opportunity to present their respective cases during the upcoming public hearing.
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.
Recommendation
Subject to Council’s approval of the Minor General Plan Amendment presented concurrently with this rezoning request, staff finds that the rezone from AU to BPD is consistent with the General Plan and Goodyear Zoning Ordinance, and based on the analysis above believes its adoption 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 the adoption of Ordinance 2024-1605, conditionally rezoning the property as set forth in the ordinance.
Attachments
- Ordinance 2024-1605w/exhibits
- Aerial Photo
- Letter of Opposition
- April 17 2024 Email to Ed Bull from Meritgage Homes
- Project Narrative
- Staff Presentation