Request approximately 5.97 acres be rezoned to Planned Area Development (PAD).

1. ADOPT RESOLUTION NO. 2021-2141 DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK TITLED, “OFFICIAL SUPPLEMENTARY ZONING MAP NO. 20-07A;” “LEGAL DESCRIPTION PebbleCreek Phase II NW QUAD Pickleball Area December 28, 2020;” AND “PEBBLECREEK PHASE II – NORTHWEST PICKLEBALL AND RECREATION PLANNED AREA DEVELOPMENT - Development Regulations dated March 2021.”
    

2. ADOPT ORDINANCE NO. 2021-1498 CONDITIONALLY REZONING APPROXIMATELY 5.97 ACRES OF PROPERTY LOCATED NORTHWEST OF 165TH AVENUE AND FAIRMONT AVENUE, KNOWN AS PEBBLECREEK PHASE II – NORTHWEST PICKLEBALL AND RECREATION; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGEMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PENALTIES. (Christian Williams, Planner)

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.

The subject property is located within the development known as PebbleCreek Golf Resort Phase II, which was zoned Final Planned Area Development (PAD) Zoning District with the adoption of Ordinance numbers 98-620 and 98-621. The PebbleCreek Golf Resort Phase II PAD established land uses throughout PebbleCreek Golf Resort Phase II, including the subject property.  The original land use designation for the subject property was residential and golf course uses.  Following the passage of Senate Bill 1062, which provided land use compatibility and noise attenuation standards for developments around military bases, the council adopted Ordinance number 2002-782, which modified the permitted use for the subject property to recreational Vehicle Storage and Golf Course Maintenance Yard. 

The current proposed rezoning seeks to amend the permitted land use for the 5.97-acre site to allow for a mix of recreational uses, including pickle ball courts, that are Luke Air Force Base compatible uses.

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

Details of the Request:
The applicant is requesting to amend the permitted uses for the subject property under the PebbleCreek Phase II Golf Resort PAD to allow for the development of a mix of recreational uses, including pickle ball courts, that are compatible with nearby Luke Air Force Base operations and to adopt development standards for these new uses. 

Development Regulations: 
Permitted Uses:  The permitted uses are the following Community Recreational Amenities:

1. Pickleball courts;
2. Tennis courts;
3. Basketball courts;
4. Remote control vehicle track;
5. Shuffle board;
6. Bocce ball:
7. Archery range;
8. Dog park and/or pet run;
9. Other uses analogous to those above as determined by the City’s Zoning Administrator. 

Development Standards:  The development standards for the Site shall be those identified in the table below.
 

Development Standard	PebbleCreek Pickleball Facility PAD
Min. Parking Spaces	49 spaces (69 spaces provided) 2 parking spaces per Pickleball Court. Restroom/Pavilion = 1 parking space per 250 SF.
Max. Building Height	25 feet
Min. Open Space	N/A *The use is recreational active open space.
Max. Building Coverage	50%
Min. Perimeter Building Setbacks	10 feet
Min. Separation Between Active Outdoor Recreation Use and Residential Home	130 feet
Max. Light Pole Height (parking lot and recreational uses)	20 feet
Open Wire Fences	Permitted as boundary fencing around recreational and sport court uses on the Site.
Min. Separation between Fences and/or walls	Min. separation between walls and recreational/sport court boundary fencing (open wire fence with or without fabric screen material) may be 5 feet.
Max. Wall Height	10 feet

Additional Regulations:

1. Unless expressly modified in this document, all development within the Property shall comply with the requirements of the City of Goodyear Zoning Ordinance.

2. All uses are subject to Administrative Site Plan review.

3. The hours of operation for active outdoor recreational uses on the Site shall be restricted to 6am to 9pm.

4. Design shall be in conformance with the requirements of the City of Goodyear Design Guidelines.

5. Signage shall be in conformance with the requirements of the City of Goodyear Zoning Ordinance.

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 proposed pickleball court facility will work to meet the current recreational and healthy living demands of PebbleCreek’s active-lifestyle residents. The development will add to PebbleCreek’s existing high-quality amenities and provide an additional area where its residents can recreate.

• Goal GD-1.  A compatible mix of land uses and diverse destinations that foster a high quality of life with livable and safe neighborhoods with a strong economy that fosters a healthy and sustainable environment.
• Objective CC-5-1.  Establish a land use hierarchy and community form that maintains a broad variety of land uses and responds to the community’s vision and needs.
• 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.
• Goal GD-7.  A community that provides for the health and safety of residents and visitors and protects them from the hazards of the natural and man-made environments.
• Objective GD-8-1, Policy a.  Encourage the use of vegetation that provides shade and seasonal color and requires minimal irrigation.

 

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

This Site and existing asphalt RV parking spaces is relatively flat, which makes it suitable for a pickleball and similar recreational facilities. Adjacent existing roadway infrastructure provides convenient and direct access to the Site and is appropriate to serve PebbleCreek’s residents and their guests.
 

3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.

Current and future uses and development of the properties surrounding the subject property include:
North – Palm Valley 303 (commercial);
South – PebbleCreek Phase II (residential);
East – PebbleCreek Phase II (residential);
West – Palm Valley 303 (commercial)

The proposed PAD limits the uses allowed on the Site to amenities and recreational opportunities that serve the needs of PebbleCreek residents.  The proposed development is compatible and supportive of the land use patterns of adjacent properties and surrounding area.  Robson’s proposed development will not have negative environmental impacts, inappropriate traffic impacts, or other negative impacts to the surrounding area.
 

4. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under the proposed zoning district would be better suited to the subject property than the uses allowed under the current zoning.

The proposed zoning is PAD with uses that are consistent with other land uses within the immediate area, the overall PebbleCreek Community and is the best use for this Site.  The proposed rezoning and Robson’s development are better suited for the Site than the uses allowed under the current zoning (PebbleCreek Phase II PAD).

Luke Air Force Base:
The subject property is located within the vicinity of a military airport within the 65 LDN. Given the location of the subject property, allowable uses will be restricted to those that are supported by staff, the developer and Luke Air Force Base. No residential or dense indoor congregational uses will be included within this zoning. 

Phoenix-Goodyear Airport:
The subject property is not located within the Phoenix-Goodyear Airport Traffic Pattern Airspace. Given the location of the property, 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.

There is a high demand for additional pickleball courts within the PebbleCreek community. This site is located on flat land and surrounded by an existing golf course and RV storage facility and provides convenient access for PebbleCreek residents and their guests. Demand for pickleball courts and other active community amenities is strong within the PebbleCreek community.
 

6. Demands for public services that will be generated by the uses permitted in the proposed zoning district.

School Districts:
This rezoning will have minimal impact on the Litchfield Elementary School District and Agua Fria High School District. The rezoning is contained within an age-restricted community and does not increase the number of dwelling units within the development.

Fire Response:
Emergency response times and distances are provided below:
 

Nearest Goodyear Fire Station	Shortest path		Longest path		2nd Nearest Goodyear Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles		Mins	Miles	Mins	Miles
Fire Station #185	3.19	1.59	3.19	1.59	Fire Station #183	7.48	3.74	7.48	3.74

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 subject property will have access to 165th Avenue which is a private street within PebbleCreek community. The overall PebbleCreek Phase II development is accessed via private streets along McDowell Road, Virginia Avenue, PebbleCreek Parkway and Indian School Road.

Water/Wastewater:
The subject property will be served by Liberty Utilities for water and wastewater.
 

7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided.

There is no projected increase in demand for public infrastructure and services available to the Site and as a result of this development. The development will tie into existing private utility connections in 165th Avenue and surrounding the project and utility reports have been completed in association with this request to ensure their capacity is adequate.
 

8. General public concerns.

Public Participation, Public Comment and Planning and Zoning Commission Meeting:
On February 23, 2021 a virtual neighborhood meeting was held for the proposed rezoning with more than 177 residents online. Unfortunately, technical issues occurred which resulted in more than 90 residents leaving the meeting prior to the question and comment section that the applicant facilitated.  As a result of the first neighborhood meeting, Planning staff received resident concerns including: noise, light, hours of operation, location of the proposed facilities, proximity to existing homes, wall screening height, cut through vehicular traffic on residential streets, traffic on 165th Avenue, additional uses requested in the PAD and the loss of RV storage. After the first neighborhood meeting the PebbleCreek Pickleball Club sent an email to their members asking them to email City Council in support of the project; resulting in significant outreach to City Council.

As a result of technical issues during the first virtual neighborhood meeting, the applicant hosted a second virtual neighborhood meeting to discuss the project and receive/provide information through a question and answer session. This meeting took place on March 16, 2021 and had approximately 26 online participants. In order to notify residents of the second neighborhood meeting, the applicant sent email invitations to the 251 residents who registered to attend the first virtual meeting and sent letters to the 186 property owners who received post cards concerning the first virtual meeting. General questions from the March 16, 2021 meeting included sound and screening/sound wall height; access to the construction yard via this proposed facility once PebbleCreek reaches build out; the ability to have a dog park on site; bicycle parking; traffic on 165th Avenue and future plans for the extension of Fairmount Avenue; tennis courts at the Tuscany Falls Recreation area; height of the light poles; impact property values, HOA dues and maintenance costs; hours of operations; and projected timing for the facility to open.

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 14, 2021 appeared in the Arizona Republic Southwest Valley Edition March 26, 2021; postcards were mailed to adjoining owners on March 18, 2021; and a sign was posted on the site on March 24, 2021.

A public hearing was held before the Planning and Zoning Commission on April 14, 2021 to consider the rezoning of the property to Planned Area Development (PAD):

• 13 members from the public wished to speak (nine members from the public spoke in support of the rezone, four members from the public spoke in opposition);
  • One of the speaking members presented a petition to the Commission (the petition contained 53 signed pages with 926 signatures, all 926 signatures were in support of the rezone and none were opposed to the rezone);
  • Two members who spoke in favor might not have provided a speaker request card;
• 64 members from the public filled out comment cards and indicated they did not wish to speak (all 64 of those cards, from the public, indicated support for the rezone, none indicated opposition to the rezone);
• Six members of the public requested to have emails read into the public record (one email was in support of the rezone, five emails were in opposition to the rezone);
  • One of the opposition emails, read into the public record, contained a petition as an attachment (the petition contained three signed pages with 52 signatures, one signature was supportive of the rezone and 51 signatures were opposed to the rezone);
• Two emails were requested to be included as a part of the Planning and Zoning Commission packet (one of those emails was supportive of the rezone, one of those emails was against the rezone);
• Additionally, the Planning and Zoning Commission was made aware that staff had received or been forwarded additional email correspondence (approximately 305 emails have been received, 291 generally supportive of the rezone and 14 generally opposed to the rezone). 

Comments in favor of the rezone stated reasons such as increased home (property) values, pickleball being the reason they moved to PebbleCreek, overcrowding at the existing Tuscany Falls courts, the growing popularity of the sport, club members investing money towards the project construction, the ability to host tournaments in PebbleCreek and bring tourism dollars to Goodyear, the long travel times to play at city of Surprise courts, opportunities to socialize and make friends, and the sound being less than Indian School Road traffic of Luke Air Force Base aircraft traffic.

Comments in opposition to the rezone stated reasons such as an increase in sound and (different than Indian School Road traffic or Luke Air Force Base aircraft traffic) for a longer and more continuous period of time, the desire to not have national tournaments in PebbleCreek, a cited internal PebbleCreek survey in which most surveyed residents stated they did not want an expansion of pickleball, opposition to two separate pickleball court locations, increased traffic on 165th Avenue, concerns with traffic on Indianola and Fairmount Avenues, membership requirements to use the courts, additional maintenance costs to HOA residents, noise and inadequacy of sound walls, the originally proposed 10 p.m. court closing times, the 6 a.m. – 9 p.m. proposed hours, Robson’s investment in the construction versus investing in other amenities, light pollution, interference with the existing golf course and tee boxes, the desire for other ideas such as expanding at the existing dog park or locating pickleball closer to the Arizona State Route 303 Loop or other properties, and residents stated they moved to the northwest section of PebbleCreek to be away from noisy recreational amenities/facilities.

After public discussion, the Commission voted (4-1) to recommend approval of the proposed rezoning.
 

9. Whether the amendment promotes orderly growth and development.

The subject property is within a quarter mile of existing development and located within the proximity of City services and infrastructure. 
 

10. Any other factors related to the impact of the amendment on the general health, safety and welfare of the citizens of the City and the general public.

This proposal will convert RV storage and a vacant underutilized Site into a recreational amenity area that provides recreational opportunities to residents and guests of PebbleCreek.