Carolyn Oberholtzer, Bergin, Frakes, Smalley & Oberholtzer, PLLC

Rezoning of approximately 160 acres located at the southwest corner of Citrus Road and Lower Buckeye Road (the “Property”) from the PAD (Planned Area Development) zoning district to the R1-4 (Single Family Detached) and R1-C (Court Home) zoning districts to facilitate the development of a residential development to be called Citrus Park.

1. Conduct a public hearing to consider conditionally rezoning approximately 114.2 acres of the Property legally described in that certain document titled “Legal Description for Citrus Park R1-4 Zoning District,” attached as Exhibit C to Draft Resolution No. 2021-2129, to the R1-4 (Single Family Detached) Zoning District with Reduced Development Standards and to conditionally rezone approximately 46.2 acres of the Property legally described in that certain document titled “Legal Description for Citrus Park R1-C Zoning District,” attached as Exhibit D to Draft Resolution No. 2021-2129 to the R1-C (Court Home) Zoning District.
2. Recommend approval of the request to rezone approximately 114.2 acres of the Property legally described in that certain document titled “Legal Description for Citrus Park R1-4 Zoning District,” attached as Exhibit C to Draft Resolution No. 2021-2129 attached hereto, to the R1-4 (Single Family Detached) Zoning District with Reduced Development Standards and to rezone approximately 46.2 acres of the Property legally described in that certain document titled “Legal Description for Citrus Park R1-C Zoning District,” attached as Exhibit D to Draft Resolution No. 2021-2129 attached hereto to the R1-C (Court Home) subject to stipulations as set forth in the draft of Ordinance No. 2021-1493 attached hereto. (Steve Careccia, Principal Planner)

Subject to stipulations as set forth in the draft of Ordinance No. 2021-1493 attached hereto.

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 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 consists of approximately 160 acres generally located at the southwest corner of Citrus Road and Lower Buckeye Road and is within the West Goodyear Planning Area.  The property is undeveloped and currently utilized for agricultural purposes. The property is currently zoned PAD (Planned Area Development). The PAD is known as the Levinson 160. The PAD was approved on December 10, 2007 with the adoption of Ordinance No. 07-1096. The Levinson PAD provided for the development of 422 dwelling units and a ±27-acre commercial parcel.

The General Plan Land Use Plan designates the subject property as Neighborhoods. This land use category provides areas for the growth and development of neighborhoods that include a wide range of densities and housing products. The Neighborhoods category may also include public and community facilities that support and complement the neighborhood, such as schools, places of worship, and parks along with commercial uses at appropriate intensities and locations.

The Property is one of the original “West Goodyear Properties.” Regional water and wastewater master studies, including amendments thereto, have been adopted that identify the regional water and wastewater lines that were required to serve the West Goodyear properties, including the Property. Cost recovery resolutions were adopted to provide for reimbursements from the properties benefitted by the regional water and wastewater lines that are constructed or that would be constructed by others. 

All of the regional water lines that benefitted the Property have been constructed and the Owner of the Property is responsible for making a cost recovery payment for its proportionate share of the costs of the constructed the lines pursuant to Resolution of Intention No. 06-1064 as amended by Resolution No 14-1621 and Resolution No. 16-1747 (the “Cost Recovery Resolution – Water Delivery Lines”). Certain of the regional wastewater lines identified in the original wastewater master study for West Goodyear that benefitted the Property have been constructed and the Owner of the Property is responsible for making a cost recovery payment for its proportionate share of the constructed cost recovery lines pursuant to Resolution of Intention No. 06-1065 as amended by Resolution No 14-1622 and Resolution No. 16-1748 (the Cost Recovery Resolution – Wastewater Trunk Lines”). Owner will be responsible for constructing the remaining wastewater trunk line(s) identified in the master wastewater study as serving the Property or, if the line(s) are constructed by others, for making payments pursuant to the Cost Recovery Resolution – Wastewater Trunk Lines.
 

Current Policy:
A request to amend the boundaries of a zoning district requires review by the Planning and Zoning Commission and final decision by the City Council through the public hearing process. To be approved, the rezoning amendment must be found in conformance with the General Plan and to not adversely impact the surrounding area as outlined in the Zoning Ordinance.

Details of the Request:
The request is to rezone the approximate 160-acre subject property from the PAD zoning district to the R1-4 and R1-C zoning districts. The development will consist of 616 dwelling units at a density of 3.84 dwelling units per acre.

The area proposed for the R1-4 (Single Family Detached) will consist of approximately 114 acres intended for 421 detached single family homes on 45- and 55-foot wide lots. The 114 acres represents 71% of the overall project area and the 421 homes represents 68% of the overall number of proposed dwelling units.

The area proposed for the R1-C (Court Home) zoning district will consist of approximately 46 acres intended for 195 detached court homes on 40-foot wide lots. The 46 acres represents 29% of the overall project area and the 195 homes represent 32% of the overall number of proposed dwelling units. As represented on Exhibit R of the attached rezoning narrative, a typical court home pod will consist of six homes sharing a common driveway. Private yards will be provided.

The request proposes to reduce the side setbacks with the R1-4 (Single Family Detached) zoning district. The standard side setback is a minimum of five feet with 15 feet total for both sides (i.e. 5’/10’). The request would reduce the total for both sides to 10 feet (i.e. 5’/5’).

The request for R1-4 and R1-C zoning requires the development to incorporate several design elements as set forth in the Zoning Ordinance. Further, the request to reduce the total side yard setback in the R1-4 zoning district requires the use of additional design elements. For each zoning district, the required number of design elements include:
 

	Design Elements
Zoning District	Amenity Elements	Connectivity Elements	Streetscape Elements
R1-4 (reduced)	2	4	4
R1-C	1	2	1

In order to meet the two required Amenity Elements, the development will include the following:
 

1. Additional Park Space –There will be approximately 47 acres of open space (30% of project area), with 11 acres of usable open space distributed between five different park sites, including a 5.9 acre central park.  This is more than double the 24 acres of open space that would otherwise be required.

2. Additional Internal Park Amenities – Five parks will be developed within the Property with various amenities, including a community pool with parking and restroom facility. Other amenities include turf play areas, play courts (i.e. corn hole, pickleball, bocce ball), ramadas and trail connections.

In order to meet the four required Connectivity Elements, the development will include the following:
 

1. Infill Development – The property is located adjacent to developing properties (i.e. Las Brisas, Pradera, El Cidro). City water and wastewater facilities exist within the area.
2. Trail System Connections – Extensive internal trail system will be provided.
3. Smaller Blocks – Neighborhood blocks will be broken up by open space and trail connections.
4. No Subdivision Perimeter Wall – No subdivision perimeter wall will be constructed.  Instead, there will be a limited use of walls along Citrus Road and Lower Buckeye Road to allow views into the community.
5. Lot Diversity – The proposed zoning offers lot diversity within the R1-4 (Single Family Detached) Zoning District with at least 205 of the lots within the district being at least 55 feet in width, which is 10 feet greater than the minimum required in the district.  The court home lots within the R1-C (Court Homes) Zoning District will also provide an alternative housing choice for future residents.
6. Additional Connectivity Elements – The property will be developed so that the internal trail system to the wider trail system in the regional east-west power line easement and to the public sidewalks located along Citrus Road and Lower Buckeye Road.

The streetscape elements are not finalized until preliminary plat review. However, in order to meet the four required Streetscape Elements, the development will include the following:

1. Agrarian Design Elements – The following agrarian design elements, such as ranch rail fencing, citrus groves, and themed amenities, will be provided throughout the community.
2. Paving Material – Aesthetic enhancements will be incorporated into the design with decorative pavers being installed for all residential driveways and walkways within the R1-4 (Single Family Detached) Residential District instead of the typical concrete surface.
3. Porches and Courtyards – One hundred percent of the dwelling units within the Property will have front porches and at least fifty percent (50%) of the front porches shall be at least 48 square feet in area.
4. Additional Streetscape Elements – An enhanced north-south internal collector road and roundabout that will be bordered by open spaces, agrarian design elements and formal landscaping will be installed, and a 35-foot wide landscape tract adjacent to Citrus Road and to Lower Buckeye Road will also be provided.
5. Citrus Road Enhancement – Subject to City approval, an enhanced streetscape design for Citrus Road that could include a decomposed granite trail instead of the standard concrete sidewalk.
6. Agricultural Elements – Agrarian themed elements along the streets will include formal citrus groves and ranch rail fencing.

The depictions of the various design elements discussed above are attached as exhibits to Draft Resolution No. 2021-2129, which is attached hereto.  These design elements meet the requirements for the reduced lot sizes and reduced development standards for R1-4 (Single Family Detached) Zoning District with R1-4 Reduced Development Standards and for R1-C (Court Homes) Zoning District.  Because the aforementioned design elements are intended to justify the smaller lot widths and reduced setbacks, the rezoning ordinance includes stipulations requiring the design elements be installed and constructed. 

An application for preliminary plat has been submitted concurrently with this rezoning. Many of the design elements, as noted above, will be required to be demonstrated on the preliminary plat.

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 subject property is designated as Neighborhoods in the General Plan. The following General Plan Standards are applicable to the current request:

General Plan Standard 1
All development proposals shall demonstrate their compliance with the applicable stated goals, objectives, and policies contained within the General Plan, and how the development furthers appropriate implementation of the General Plan.

General Plan Standard 3
New developments shall demonstrate that there are adequate services and facilities, or plans to provide the necessary services and facilities, to serve the development during the development approval process.


General Plan Standard 5
Pedestrian and bicycle connections shall be provided between and within developments to allow the community to walk or bike to nearby destinations.

General Plan Standard 25
Single family detached and attached, residential uses with densities up to five dwelling units per acre are appropriate throughout the Neighborhoods category.

General Plan Standard 31
Pedestrian and bicycle connections shall be provided to internally and externally link residential uses to nearby commercial uses, schools, parks, other neighborhoods, and other important destinations by walking or biking.

General Plan Standard 32
New subdivisions should be designed to provide convenient pedestrian access to adjoining streets, open spaces, and commercial areas. Subdivision design is encouraged that minimizes or avoids the use of typical subdivision perimeter walls.

Development of the subject property, in conformance with the stipulations as established in draft Ordinance No. 2021-1493, attached hereto, will be consistent with the above General Plan Development Standards.
 

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

The subject property is currently used for agricultural purposes. It is generally flat without any significant natural landforms. As such, its physical and natural features are suitable for single family development. The powerline easement running east-west through the property will be maintained and utilized as part of a future regional trail system. The property will be developed in accordance with all required engineering design guidelines and standards, including those applicable to grading and drainage.
 

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 – Lower Buckeye Road and the future residential development with Pradera zoned R1-4 and R1-6 Single Family Residential.
• South – Existing residential development within Las Brisas zoned PAD.
• East – Citrus Road and future commercial development zoned C-1 Neighborhood Commercial, future residential development zoned R1-6 Single Family Residential and existing large lot residential zoned RU-43 (Maricopa County).
• West – Existing residential development within Las Brisas zoned PAD.

Development of the subject property for detached single family homes, in conformance with the R1-4 and R1-C zoning districts and stipulations of approval, will be compatible with 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 purpose of the rezoning is to permit the development of detached single-family homes at an approximate density of less than 5 du/ac. This is consistent with the Neighborhoods land use category. Further, such development will be consistent with the development pattern in the surrounding area and is similar to the development permitted under the current PAD zoning.

Luke Air Force Base:
The subject property is located within the vicinity of a military airport but is located approximately two miles from the 65 Ldn noise contour line for Luke AFB. Given the location of the subject property, base operations should not be adversely impacted by this proposed development nor should the subject property be adversely impacted. A stipulation of approval will require notice of base operations to future homebuyers in accordance with General Plan Development Standard No. 10.

Phoenix-Goodyear Airport:
The subject property is located within the Traffic Pattern area of the Phoenix-Goodyear Airport but is located outside of any noise contour or hazard zones. A stipulation of approval will require notice of airport operations to future homebuyers.
 

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 a growing demand for smaller lots and court homes within this area. The applicant also provided a market analysis that indicated that there is little demand for commercial property in the area, which already contains an oversupply of commercially zoned properties. As such, the applicant is not proposing any commercial element with this project.
 

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

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
#184/181	7.18	3.59	8.02	4.01	#182	13.32	6.66	14.16	7.08

Police Response:
The property is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property.

Schools:
The property is located within the Liberty Elementary School District and the Buckeye Union High School District. The project narrative states the applicant will work with the school districts regarding a donation agreement.

Solid Waste/Recycling:
Service will be provided by the City of Goodyear. Service to the court home parcels has been reviewed by the Public Works Department and determined to be viable as proposed with the intended subdivision design.

Streets/Transportation:
The subject property will have access to Citrus Road and Lower Buckeye Road and include a connection to Las Brisas via the north-south collector road. All required street improvements will be completed with development of the subject property in accordance with a phasing plan approved by the city.

Water/Wastewater:
The subject property is located within the City of Goodyear water and wastewater service area. It has been determined the increased unit count (over the currently approved PAD) does not impact the requirements in the master utility studies for the West Goodyear Central Planning 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 subject property is in proximity to public services. Required connections to these services will be the responsibility of the property owner and/or developer.
 

8. General public concerns.

Public Participation:
In accordance with the city’s Citizen Review Process and to accommodate State and local provisions for social distancing as a result of COVID-19, an alternative notification process was used for this request. A formal citizen review meeting was not involved, but notice providing information on the request was mailed to surrounding property owners within 500 feet of the subject property and other stakeholders. Staff did not receive any public inquires as a result of this notice.

Notice for the public hearing before the Planning and Zoning Commission included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice published in the Arizona Republic on January 22, 2021; and a notice of public hearing sign posted on the property. Information on the rezoning request and these public hearings was also posted on the city’s website. To date, staff has not received any public inquiries as a result of this notice.
 

9. Whether the amendment promotes orderly growth and development.

The subject property is located within proximity to existing infrastructure and developed areas. The rezoning will allow the development of the subject property and promote the orderly growth and development of the city in accordance with the city’s engineering and zoning requirements.
 

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

The development of the project will be required to adhere to all applicable design, building, and engineering standards of the City of Goodyear. Adherence to these standards will help ensure this development does not adversely impact the general health, safety and welfare of the public.