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AGENDA ITEM #: 9.
DATE: 07/19/2021
AI #:330
CITY COUNCIL ACTION REPORT
 
SUBJECT: REZONE FOR ESTRELLA COMMONS DISTRICT
 
STAFF PRESENTER(S): Alex Lestinsky, Senior Planner

OTHER PRESENTER(S):

Ed Bull, Burch and Cracchiolo

SUMMARY

Request a rezone to approximately 27 acres from Preliminary PAD to C-2 and MF-24 with a PAD Overlay.

Recommendation

1. ADOPT RESOLUTION NO. 2021-2170, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK TITLED “OFFICIAL SUPPLEMENTARY ZONING MAP 21-02 CITY OF GOODYEAR, AZ – REZONE CASE”; “ESTRELLA COMMONS DISTRICT COMMERCIAL – LEGAL DESCRIPTION”; “ESTRELLA COMMONS DISTRICT MULTIFAMILY – LEGAL DESCRIPTION; AND “ESTRELLA COMMONS DISTRICT PAD OVERLAY.”

2. ADOPT ORDINANCE NO. 2021-1509, CONDITIONALLY REZONING APPROXIMATELY 27 ACRES FROM PRELIMINARY PLANNED AREA DEVELOPMENT (PAD) TO MULTIFAMILY (MF-24) AND GENERAL COMMERCIAL (C-2) WITH A PAD OVERLAY; AMENDING THE ZONING MAP OF THE CITY OF GOODYEAR; PROVIDING FOR NON-ABRIDGMENT; PROVIDING FOR CORRECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PENALTIES. (Alex Lestinsky, Senior Planner)

FISCAL IMPACT

Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the city. The development is responsible for construction of all infrastructure necessary to serve the site and will generate one-time revenue for the city through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.

BACKGROUND AND PREVIOUS ACTIONS

The General Plan Land Use Plan designates the subject property as ‘Business & Commerce’. The ‘Business and Commerce’ land use category provides areas for the growth and development of Goodyear’s economic base, including high density residential that supports the area.

The subject property is currently zoned Preliminary Planned Area (PAD) District, under a category called the “District” within the Estrella Commons PAD adopted on April 12, 2015 by Ordinance No. 15-1321. The Planning and Zoning Commission held a public hearing on July 7, 2021 and recommended approval of the request (6-0).

STAFF ANALYSIS

Current Policy:
A rezoning request requires public review and approval by the Planning and Zoning Commission and the City Council. The proposed amendment must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance.

Details of the Request:
The request is to remove the subject property from the Estrella Commons Preliminary PAD zoning and rezone it to the City’s General Commercial (C-2) and Multifamily (MF-24) residential zoning districts with a PAD Overlay.

The PAD Overlay provides for the following deviations:
  • Additional Permitted Uses (C-2): Drive-through restaurants and Convenience Uses (service stations) have been added to the permitted uses of the C-2 district. The developer currently has two drive-through restaurants and a gas station user who plan to locate in the subject property. A preliminary site plan, which includes the layout of these uses, was provided with the rezone application narrative. Although not approved with the rezoning request the general layout of the pads as depicted in the PAD Overlay Development Regulations Exhibit B – Conceptual Phasing Plan provides for an overview of the site layout. Each pad will require a separate site plan review and approval. Allowing these uses will eliminate the need for additional public hearings for each user. If this request is approved, there will not be a use permit for any drive-through or gas station presented to Planning & Zoning Commission or City Council.
  • Development Standards (C-2):
    • Landscape Setback between C-2 and MF-24 – This is proposed to be reduced from 10’ to 0’. The MF-24 side will include the additional setback on their side with a 6’ wall, 5’ sidewalk and 5’ landscape buffer to provide for pedestrian connectivity to the commercial pads.
    • Drive-through windows – Similar to other recent drive-through requests, some of the drive-through restaurants are anticipating a drive-through window facing a public street. The PAD Overlay includes requirements that these windows are fully screened which is consistent with what similar projects have provided throughout the city.
  • Development Standards (MF-24):
    • Landscape Setback (north) – The Zoning Ordinance requires that the setback abutting a public street be entirely landscaped. The proposed deviation allows the trash enclosure/compactor to locate within the 30’ landscape setback on the north edge of the property. This location sets it away from the single-family residents to the east and out of view from the Roosevelt entry and commercial center. The northern boundary is also screened from the freeway by a 12’ noise wall.
    • Landscape Setback (East) – The applicant is providing a 15’ landscape buffer along the eastern boundary adjacent to the single-family homes. This will provide a landscaped buffer between the single-family homes and the carports. Carports are not permitted within the 15’ landscape setback. Additionally, carport lighting adjacent to single-family residential is required to be appropriately shielded as included in the Development Standard.   
    • Accessory Building Height – The request is to increase the maximum accessory structure height from 12’ to 22’
  • Design Guidelines – supplemental design guidelines have been included in the PAD Overlay to implement a cohesive design throughout the center.
The documents provided in the project narrative, including the conceptual master site plan  and phasing plan are conceptual and are not being approved with this rezoning action.

Evaluation Criteria:
  1. Consistency with the General Plan.
As mentioned in the Backgrounds and Previous Actions section, the General Plan designates this area as Business & Commerce. Commercial and higher density residential uses are appropriate in this category.
General plan Standard 27
Residential uses with densities over 12 dwelling units per acre may be considered along arterial roads, interstate corridors, or transit corridors. These developments should have access onto an arterial roadway.

The project is adjacent to the I-10 and has access to I-10 via Roosevelt Street and Estrella Parkway.

General Plan Standard 29
High density residential developments should not be located directly adjacent to single family residential developments unless a park or open space area provides a buffer between the uses.

The multifamily portion is located directly adjacent to the Fulton at Estrella Commons development with 6 homes backing up to the property line and two side yards abut the property line. The applicant has proposed a 15’ landscape setback on the eastern property line. The MF-24 development standards require a 50’+ building setback from the single-family residential zoning district to buildings greater 30’.

General Plan Standard 30 & 41
(30) High density residential projects are most appropriate and encouraged to locate adjacent to commercial centers. (41) High Density residential development is permitted in the Business & Commerce category when located adjacent to adjacent to single family residential, commercial area, and/or used as a buffer between the Neighborhoods category and Business & Commerce category.

The project is within an existing major commercial corridor. The proposed apartment complex serves as a buffer between the proposed commercial and existing single family residential.

The development standards include a requirement for a public 5’ sidewalk running north-south along the multifamily property. This provides a safe path connecting the commercial pads for all pedestrians including the multifamily development and adjacent residential developments via Roosevelt Street (Fulton Homes and Curve at Estrella Commons).
  1. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The subject property is currently irrigated farm field. The property’s physical and natural features are suitable for the proposed PAD Overlay and commercial and multi-family use as the property will be required to be graded and developed in accordance with all applicable engineering design guidelines and standards.
  1. 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 – Interstate 10
South – Roosevelt Street; Aldi Grocery Store; Future residential development (Curve at Estrella Commons)
East – Existing/under construction single family residential (Fulton at Estrella Commons)  
West – Estrella Parkway; Walmart and existing retail development

The commercial and multi-family uses proposed with this PAD Overlay will be compatible with the development in the surrounding area.
  1. Proposed zoning district’s consistency with other land uses within the immediate area and whether uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning.
Luke Air Force Base:
The subject property is located within the vicinity of a military airport. Notice was provided to Luke AFB and they have indicated that given the location of the subject property, base operations will not be adversely impacted by this proposed commercial and multi-family developments.

Phoenix-Goodyear Airport:
The subject property is located within the Phoenix-Goodyear Traffic Pattern Airspace. Given the location of the property, airport operations will not be adversely impacted by this proposed commercial and multi-family developments.
  1. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand.
The preliminary zoning of the property intended the use as a mix of commercial and residential. Estrella Parkway is an existing major commercial corridor for the city and most of the commercially zoned land between I-10 and Van Buren has been developed and occupied, therefore additional commercial property is appropriate for the area.

The proposed multifamily district will support the existing and proposed commercial centers to the north, west and south.  
  1. Demands for public services that will be generated by the uses permitted in the proposed zoning district.  
Below is a summary of impact to public services.

Fire Response:
Emergency response times and distances are provided below:
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
#181 4.63 2.31 4.91 2.42 #184 5.06 2.53 5.34 2.67

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

School Districts:
The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. The application was sent to the school districts for comment and no objection was received.

Streets/Transportation:
Although the site plan is not approved with the Rezone, the main points of access will be from Roosevelt Street and Estrella Parkway. At the time of site plan review, the required connections to public streets will be reviewed for compliance with City engineering and public safety standards.

Water/Wastewater:
The subject property is located within the city of Goodyear water and wastewater service area.  

Solid Waste/Recycling:
Solid waste and recycling services for the property will be contracted through a commercial provider.
  1. 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 where existing public services are provided.
  1. General public’s concerns.
Public Participation:
Pursuant to the Citizen Review process a neighborhood meeting was held via Zoom on June 2, 2021. The applicant was prepared with a presentation for any and all attendees. Staff and the applicant were available for questions. No one from the public attended this Zoom call. To date, one anonymous objection for the multifamily portion has been received via email.   

Notice for the July 2021 public hearings before the Planning and Zoning Commission and City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on June 18, 2021; and a notice of public hearings sign posted on the property.

The public hearing before the Planning and Zoning Commission was held on July 7, 2021. No one from the public spoke in opposition of the request. The Planning and Zoning Commission recommended approval of the request (6-0).
  1. Whether the amendment promotes orderly growth and development;
The subject property is located adjacent to existing infrastructure and developed areas. The amendment will allow development of the subject property and promotes the orderly growth and development of the City.
  1. 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 proposed commercial and multi-family project will be required to adhere to all applicable design, building, and engineering standards of the city of Goodyear. Adherence to these standards will be evaluated during the site plan, civil engineering, and building plan review processes.

Since the PAD Overlay proposes allowing Convenience Uses (drive-through restaurants and a gas station), the Use Permit process would be omitted for each individual pad. The required review criteria and a general analysis has been provided for the site below.

Section 1-3-2 (Use Permits) of the Zoning Ordinance provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following to findings prior to granting a use permit:
  1. The Use Permit will not be materially detrimental to persons residing or working in the vicinity adjacent to the property, to the neighborhood, or to the public welfare;
The Estrella Parkway corridor already includes a variety of drive-through restaurants and gas stations. The commercial pads will have direct access to Estrella Parkway with supplemental access off of Roosevelt Street. Roosevelt Street provides the main access for Estrella Parkway to the Fulton Single Family Residential to the east of the subject property. Additional drive-through and gas station developments will not be detrimental to the surrounding property.
  1. The proposed use is reasonably compatible with uses permitted in the surrounding area. This section further states that should a Use Permit not be established within two years, then that Use Permit approval shall become null and void;
As discussed, Estrella Parkway is a commercial corridor for the city and this proposal will supplement restaurant and retail opportunities in this area.

Section 4-2-2 (Convenience Uses) of the Zoning Ordinance provides the following additional evaluation criteria for convenience uses regarding their potential impact on traffic congestion, the neighborhood in general, and their appropriateness for the site:
  1. Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
A site plan will be required for each commercial pad. At the time of each pad review, each individual site will be assessed for proper access and circulation. The PAD Overlay requirements require that drive-through restaurants include screening over pick-up windows facing a public street, which is similar to many of the recent Use Permit requests for drive-through restaurants within the city.
  1. Compatibility of the proposed hours of operation with adjacent residential areas.
Due to the location of the commercial area, no restrictions on hours of operation are recommended.
  1. Required traffic mitigation measures, if any.
Any required traffic mitigation measures would be reviewed and implemented at the time of each site plan submittal.
  1. Other concerns, which may place the advisability of the proposed convenience use in question.
Staff finds no other concerns with the project.

Attachments