Jack Gilmore, Gilmore Planning & Landscape Architecture

Public hearing followed by a vote on a request for a rezoning of 6.5 acres of property located at the southwest corner of McDowell Road and Citrus Road from the C-2 (General Commercial) zoning district to the C-2 (General Commercial) zoning district with a PAD (Planned Area Development) Overlay for the development of a mixed-use complex to be called Virtua Citrus.

1. ADOPT RESOLUTION NO. 2022-2208 DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE CITY CLERK AND TITLED “OFFICIAL SUPPLEMENTARY ZONING MAP NO. 20-06”; and “LEGAL DESCRIPTION – VIRTUA CITRUS PAD – SWC CITRUS & MCDOWELL”; and “VIRTUA CITRUS PAD OVERLAY (FEBRUARY 2022).”

2. ADOPT ORDINANCE NO. 2022-1523, CONDITIONALLY REZONING APPROXIMATELY 6.5 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MCDOWELL ROAD AND CITRUS ROAD FROM THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT TO THE C-2 (GENERAL COMMERCIAL) ZONING DISTRICT WITH A PAD (PLANNED AREA DEVELOPMENT) OVERLAY; 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 DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Steve Careccia, Interim Planning Manager)

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 (Property) consists of approximately 6.5 acres located at the southwest corner of McDowell Road and Citrus Road.

The General Plan Land Use Plan designates the 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 zoned C-2 (General Commercial). The Property was initially rezoned on June 22, 1998 with the adoption of Ordinance No. 98-610. A time extension for the zoning was then approved on October 10, 2000 with the adoption of Ordinance No. 2000-729. To date, no development has occurred on the subject property.

The Planning and Zoning Commission considered this item at a public hearing held on February 16, 2022. The Commission unanimously voted (6-0) to forward a recommendation of approval to the City Council.

Current Policy:
A request to rezone property requires review by the Planning and Zoning Commission and final decision by the City Council through the public hearing process. The rezoning must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance. The Zoning Ordinance also permits the use of a PAD Overlay to provide flexibility in an otherwise established zoning district.

Details of the Request:
The request is to rezone the Property from C-2 to C-2 with a PAD Overlay. The rezoning will facilitate the development of a mixed-use development to be known as Virtua Citrus.

The PAD Overlay is intended to allow a mix of uses on the Property by including several light industrial-type uses to complement the existing commercial uses permitted on the property. But as  the city does not have a flex commercial/industrial zoning district, the PAD Overlay is the only zoning mechanism to achieve such mix.

Permitted uses within the development will include those uses as established in the C-2 zoning district along with the following additional uses:
 

• Indoor storage of contractor materials and supplies
• Manufacturing, assembly and processing of previously prepared materials
• Mini-storage and RV storage (development standards have been included if this use develops on the Property)
• Minor vehicle repair, but not including engine and transmission rebuilds or body and paint work
• Outdoor storage as an ancillary use that shall be fully screened from street views and Canada Village

The list of Prohibited uses was expanded to include the following:
 

• Adult businesses
• Outdoor uses and storage of material as a primary use
• Parking lot or garage as primary use
• All medical marijuana uses and cannabis sales

The PAD Overlay is requesting minimal deviations to the city’s development standards. Development on the Property and development will be in substantial conformance with the standards as established with the C-2 (General Commercial) zoning district and proposed stipulations attached to the rezoning ordinance (attached).  The deviations from the C-2 development standards include a reduction in the maximum height for development on the Property from 56 feet to 40 feet, and the addition of requirements to incorporate additional regulations to address potential impacts of some of the additional uses being permitted (ie. screening requirements, location of loading bays and docks, and landscape buffers).

Although a conceptual site plan was included with the PAD Overlay, no development plans will be approved with this rezoning action. All future development of the Property will require site plan review and approval in conformance with all applicable city codes, standards and ordinances.

Evaluation Criteria:
Per the City of Goodyear Zoning Ordinance, the city’s review and recommendation on a zoning amendment are to be guided by the following criteria:

1. Consistency with the General Plan

As previously mentioned, the subject property has a General Plan land use designation of Neighborhoods. The General Plan states that commercial uses may be appropriate in this land use category. As such, the property’s C-2 (General Commercial) zoning is consistent with the General Plan. Further, the PAD Overlay proposal to include a mix of uses on the Property is supported by the following General Plan provisions:

Land Use and Transportation Plan Development Standard 35 – Mixed use developments may be considered at the intersection of two arterial roadways.

Objective ED-2-3. Seek unique and distinctive opportunities to foster small and/or local business in Goodyear.

The General Plan does not require amendments for changes of land use, as long as the property subject to change is under 20 acres. While the Property will maintain its primary commercial uses and development standards, the PAD Overlay will introduce a limited number of uses that would be considered light industrial. However, given the Property is only 6.5 acres, an amendment to the General Plan is not required. And given the limited nature of the proposed light industrial uses, and buffers and stipulations attached to the rezoning related to fostering compatibility with Canada Village, there should be no issues with General Plan consistency resulting from this rezoning request.

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

The subject property is rough graded and currently undeveloped. With these characteristics, the property’s physical and natural features are suitable for the proposed uses as currently permitted by the Property’s C-2 zoning and as proposed with the PAD Overlay. Furthermore, the Property will be required to be developed in accordance with all applicable design guidelines and development standards, including those related to site grading, drainage and retention, which will further promote the property’s suitability for development.

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

Uses and zoning surrounding the Property include:

North – State correctional facility zoned AG (Agricultural).
South – Interstate 10.
East – Citrus Road and undeveloped property zoned C-2 (General Commercial).
West – Existing residential development within Canada Village zoned MHS (Manufactured Home Subdivision).

All potential uses of the Property will be compatible with the uses permitted to the north, east and south given the intensity and/or similarity of use. Further, the potential uses of the Property will be compatible the existing residential development within Canada Village with proper buffering and design. As proposed in the PAD Overlay, a 26-foot wide landscape buffer will be placed along the boundary with Canada Village. This buffer will include 24-inch box trees placed 20-foot on-center. An evergreen hedge will also be planted within the buffer and stipulated to ensure that a height of eight feet is maintained. As further noted in the PAD Overlay document, loading bays and docks may not face west unless additional screen walls and landscaping are provided to reduce noise trespass and provide for additional screening. Building heights will also be reduced to a maximum of 40 feet from the 56 feet currently permitted in the  C-2 zoning district.

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 subject property is located within the vicinity of Luke AFB. Given the non-residential uses intended for the Property, Luke AFB indicated that development of the property would not negatively impact their flying operations.

Phoenix-Goodyear Airport:
The subject property is located within the Traffic Pattern area of the Phoenix-Goodyear Airport. The non-residential uses intended for the Property should not have an adverse impact on airport operations.

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 the market demand for new commercial development on the Property under the current zoning has been weak given the presence of established commercial centers in the area, changing retail environment, surrounding uses that include a correctional facility, and limited access opportunities onto Citrus Road.  The applicant anticipates the additional permitted uses will be a better fit for Property.

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	8.52	4.26	8.52	4.26	#185	9.78	4.89	9.78	4.89

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.

Streets/Transportation:
The Property will have access to McDowell Road and Citrus Road. Improvements to both roadways will be required with development of the Property. A CIP project (McDowell Road and Citrus Road Intersection Improvements) for intersection improvements (two lanes in each direction and ADOT style traffic signal) is underway with completion estimated for Fall 2024.

Water/Wastewater:
The Property is within the water service area of Arizona Water Co. Wastewater is provided by the City of Goodyear, with lines located within McDowell Road adjacent to the Property.

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 owner and/or developer will be responsible for installing all necessary infrastructure to serve the Property.

8. General public concerns.

Public Participation:
In accordance with the city’s Citizen Review Process, an in-person citizen review meeting was held on August 31, 2021. Two residents from Canada Village were in attendance and expressed support for the project. Rather, their main concern was with the potential improvements to McDowell Road and how that would impact Canada Village. The developer responded that the extent of the improvements to McDowell Road were unknown at this time, so it would be difficult to determine the impacts.

Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to surrounding property owners and stakeholders; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition, on January 28, 2022. To date, staff has not received any public opposition on this request.

As previously noted, the Planning and Zoning Commission considered this item at a public hearing held on February 16, 2022. There was no public discourse nor opposition to the proposed rezoning. Upon close of the public hearing, the Commission unanimously voted (6-0) to forward a recommendation of approval to the City Council.

9. Whether the amendment promotes orderly growth and development.

The amendment should promote orderly growth and development of the area. The area subject to this rezoning is within an infill area. Some infrastructure and services are available to the Property. Others will require installation by the developer and/or property owner. As previously noted, the Property’s physical and natural features are suitable for the type of development intended with this request for rezoning.

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.

Should the rezoning request be approved, development on the Property 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 and confirmed during the site plan, civil engineering and building plan review processes.