Jeff Blilie, Beus Gilbert McGroder PLLC

A conditional rezoning of approximately 48.12 acres currently zoned Planned Area Development/Mixed Use Commercial, and generally located at the southeast corner of Sarival Avenue and McDowell Road, to C-2, General Commercial (30.51 acres) and MF-24, Multi-family Residential (17.61 acres), with a PAD Overlay on the entire 48.12 acres.

1. Conduct a public hearing to consider a request to conditionally rezone 48.12 acres currently zoned Planned Area Development/Mixed Use Commercial, and generally located at the southeast corner of Sarival Avenue and McDowell Road, to C-2, General Commercial and MF-24, Multi-family Residential, with a PAD Overlay on the entire 48.12 acres.
2. Recommend approval of the request to conditionally rezone 48.12 acres currently zoned Planned Area Development/Mixed Use Commercial, and generally located at the southeast corner of Sarival Avenue and McDowell Road, to C-2, General Commercial and MF-24, Multi-family Residential, with a PAD Overlay on the entire 48.12 acres, as set forth in the draft of Ordinance No. 2021-1503. (Karen Craver, Principal 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.

On May 9, 2005, the City Council approved the Final Planned Area Development (PAD) zoning for Palm Valley Phase VIII, which includes the subject property, with the adoption of Ordinance No. 05-940. In accordance with the Palm Valley Phase VIII PAD, the subject property was designated Planned Area Development/Mixed Use Commercial. The Mixed Use Commercial designation is subject to compliance with the permitted uses and development standards established within the city’s C-2, General Commercial zoning district. This requested rezoning and PAD Overlay has not previously been presented to the Planning and Zoning Commission or City Council.

Current Policy:
A request to amend an approved PAD must be processed as a rezoning request, which requires public review by the Planning and Zoning Commission and public review and approval by the City Council. The proposed amendment must be consistent with the General Plan and should not adversely impact the surrounding area.
 
Details of the Request:
Sunbelt Land Holdings L.P., who purchased the subject property from Merit Partners in November 2019, has now brought forth this request to replace the Palm Valley Phase VIII PAD Mixed Use Commercial zoning on the Property with the city’s C-2 General Commercial zoning district and the city’s MF-24 Multi-family Residential zoning district, with a PAD Overlay on the entire property. The request is intended to create a mixed-use development that includes opportunities for retail, office and hotel uses, and an opportunity for a multi-family residential use, that can create a synergy between the uses within the development, and create a synergy with the existing commercial and residential uses in the vicinity of the proposed mixed-use development.
 
The PAD Overlay will allow an attached retail/warehouse use in the C-2 parcel, and will also allow a maximum residential building height of 48 feet (4 stories) in the MF-24 parcel, except for the residential buildings within 200 feet of the north property line of the parcel, which is limited to 40 feet (3 stories).
 
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 existing Business/Commerce General Plan designation allows high density residential development in order to support the commercial, entertainment, and public & community facilities within the designation. This proposed rezoning and PAD overlay is consistent with the designation.
 

2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
    
   This proposed rezoning and PAD overlay is consistent with the current suitability of the subject property’s physical and natural features for the permitted uses in the rezoning and PAD overlay.
    
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 – Undeveloped PAD/C-1, Neighborhood Commercial zoned property and existing single family residential development
• South – The Harley Davidson dealership zoned PAD/Mixed Use Commercial with an Automotive and Related Commercial Overlay, and the I-10
• East – The Grayson Place Apartments zoned PAD/MF-24
• West – Vacant Land zoned PAD

 

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.

 
This proposed rezoning and PAD overlay is consistent with the current land uses within the immediate area, and the retail/warehouse use proposed in the C-2 parcel, subject to the conditions included in the PAD overlay, is consistent.
 

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.

 
This proposed rezoning and PAD overlay is on property ideally situated for the proposed uses.
 

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

 
Fire Response:
The subject property will be served by Fire Station No. 185 at Pebble Creek Parkway and Clubhouse Drive, or by Fire Station No. 184/181 located at 16161 West Yuma Road.
 

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
#185	4.69	2.35	4.69	2.35	#184/181	7.15	3.57	7.15	3.57

 
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 as proposed. This proposed rezoning and PAD overlay does not impact the ability of the department to serve the property.
 
 
Streets/Transportation:
This rezoning and PAD overlay proposes access points on Sarival Avenue, McDowell Road, and 159th Avenue. A final determination regarding approval of the proposed access will occur during the plat and/or site plan review and approval process.
 
Water/Wastewater:
The subject property is within the Liberty Utilities water and sewer service area. All infrastructure necessary to serve the subject property will continue to be required to be installed by the property owner and/or developer.
 

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

This rezoning and PAD overlay does not change the requirement that the extension of utility lines needed to serve the property will be the responsibility of the property owner and/or developer as part of the development process.
 

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 rezoning and PAD overlay. A formal citizen review meeting was not held, but notice providing information on the request was mailed to the owners of property within 500 feet of the subject property and other stakeholders. To date, staff has not received any public inquires as a result of this notice.
 
Notice for the public hearings before the Planning and Zoning Commission and City Council on May 12, 2021 and May 24, 2021, respectively, included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice published in the Arizona Republic Southwest Edition on April 23, 2021; and a notice of public hearings sign posted on the subject property. Information on the rezoning request and these public hearings was also posted on the city’s website. Following the notifications regarding the scheduled May public hearings, the May 12th Commission hearing was continued to June 9th, and the May 24th Council hearing was continued to June 21st. To date, staff has not received any public inquires as a result of the additional notifications, or the continuances of the scheduled public hearings.
 

9. Whether the amendment promotes orderly growth and development.

 
This rezoning and PAD overlay will promote continued orderly growth and development in the area by allowing additional residential development that will in turn serve to attract commercial, employment, and hospitality uses to the area.
 

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 rezoning and PAD overlay will not impact the general health, safety and welfare of the citizens of the city or the general public.

Findings:
 
Pursuant to the evaluation of this proposed rezoning and PAD overlay, staff finds that conditional approval of the View 10 Business Center and PAD Overlay, subject to the stipulations in draft Ordinance No. 2021-1503, attached hereto, is recommended.