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.

The applicant is requesting a zoning change from the current Planned Area Development (PAD) with an underlying land use designation of Mixed-Use Commercial to a PAD with an underlying zoning district of MF-12 with a Planned Area Development Overlay to facilitate the development of a multi-family development under the existing City of Goodyear Zoning District. An MF-12 Zoning District shall be developed under the Multi-Family Design Guidelines as outlined in the Goodyear Design Guidelines.

The use of a PAD Overlay is justified because the current development standards for the MF-12 zoning district do not address some of the unique circumstances found within this oddly shaped ‘L-Shaped’ infill parcel that is adjacent to a large drainage channel and because of the desire for pitched unique rooflines on a two-story townhouse product as opposed to flat roofs on a two story product.

The proposed PAD overlay will modify the MF-12 standards as follows:

Development Standards:

1. Parapet walls, cornices, pitched/gable roofs may extend to five (5) feet above the maximum building height limit to provide required screening of mechanical equipment from street view and to add visual architectural enhancements and roof variation.
2. Minimum Rear Setback (East) shall apply except as follows.  Minimum Rear Setback (East) shall be 50 feet when adjacent to single-family residential lots. A minimum 15-foot-wide landscape buffer shall be installed between adjacent single-family residential lots and residential structures constructed within the Property; and no buildings, carports, parking spaces or drive aisles/ driveways shall be located within the landscape buffer except drive aisles/driveways may cross over a landscape buffer as needed to access a parking lot.  The landscape buffer may include sidewalks, parks/open space, and private yards. No carports shall be located within 30 feet of a single-family residential lot.
3. At least 10 feet of the Side Setback (North) (as measured form back of sidewalk) shall be entirely landscaped and none of the landscaped area within a private, fenced or walled yard, shall be included as part of the Side Setback (North).
4. Trash enclosures shall be visually screened, be oriented away from the residential buildings on the Property and shall contain landscaping between the trash enclosure when near a residential building on the Property.

In addition to modifying certain setbacks and clarification on architectural elements, the PAD Overlay contains standards to enhance architecture, walls, amenities and connectivity.

Building Height:

The Goodyear Zoning Ordinance sets forth the standard for building height within the MF-12 zoning district. Within the MF-12 zoning district, a maximum building height of 25 feet is permitted. Additionally, parapet walls or cornices may extend to five (5) feet above the maximum building height allowed.

 

The proposed Amendment requests the following modification to the Building Height standard:

 

1. The maximum Building Height for RPS Indian School – Multifamily Development shall be 25 feet; excluding parapet walls and pitched/gable roofs.

 

Under this modification, pitched/gable roofs will also be allowed to extend five (5) feet above the maximum building height limit.  This allowance will accommodate higher ceiling heights, accommodate first floor garages under each unit and allow pitched roofs. Typically, a pitched roof would be considered as a part of the 25 feet of allowable height for a building whereas a parapet would not be considered within the 25 feet of height allowed within the building. This modification allows a pitched roof to be treated similarly to a parapet when considering the height of the building.

 

The visual impact of the proposed exception (i.e., increase in height) will have minimal impact on the streetscape.  There is a large buffer along Indian School Road;  landscaping on both PebbleCreek Parkway and Indian School Road; and the street frontages, which are small in length, only allow for the construction of a few buildings, resulting in the locations of the buildings being broken up from one another by open areas.  The proposed modification is further justified by the fact that the proposed height of buildings on the Property with a pitched/gable roof (30 feet) is equal to the maximum building height of 30 feet for single family residences and is far less than the maximum building height of 56 feet allowed under the current zoning. 

The proposed Building Height Amendment does not increase the number of units allowed or density that is otherwise permitted on the Property within the MF-12 zoning district.

 
Side Building Setback:

The following building setbacks within the MF-12 zoning district provides that the minimum “Side Setbacks (Except for Street Side)” shall be 20 feet and “Total Both Sides” shall be 40 feet.

The proposed Amendment requests the following modification to the “Side Setback (North)” and the “Total of both side Both Side Setbacks (North and South)” be modified as follows: 
1. The minimum side setbacks shall be 10 feet for the north side setback, and 15 feet for the south side setback. The 10-foot side setback (north) requires a minimum of 10 feet of landscaping between the sidewalk and the building and shall not be contained within a walled, fenced, or private yard.

2. The minimum total both side setbacks (north and south) shall be 25 feet.


The requested modifications are associated with the units that abut the existing private vehicular access/shared driveway (i.e., the north property lines). The proposed 10-foot setback along the shared driveway property begins after the existing sidewalk. This ensures buildings are approximately 50 feet south of the existing condominium community to the north. Thus, the proposed units will be a minimum 60 feet away from the condominium community to the north and more than 100 feet away from the closest units within the condominium community as there is also a 50-foot-wide landscaping tract to the north of the 25-foot-wide private access drive and additional open space and driveways are located north of this point, within the condominium community. It is worth noting that the private access drive and landscape tract are a part of a community association of which this property is a party to.

Rear Building Setback:

The following building setback within the MF-12 zoning district provides that the
Minimum Rear Setback (East) shall be 30 feet.

The proposed Amendment requests the following modification to the “Minimum Rear Setback (East):
1. The Minimum Rear Setback (East) (Except Adjacent to Single-Family Residences) shall be 10 feet.

2. Adjacent to Single-Family Residences.

a. The minimum “Rear Setback (East)” adjacent to the Single-Family Residences shall be 50 feet.

b. A minimum 15-foot-wide landscape buffer shall be installed adjacent to any single-family residential lot and residential structures constructed within the Property.  No buildings, carports, parking spaces or drive aisles/ driveways shall be located within the landscape buffer except drive aisles/driveways may cross over a landscape buffer as needed to access a parking lot.  The landscape buffer may include sidewalks, parks/open space, and private yards.  No carports, shall be located within 30 feet of a single-family residential lot.

The proposed building height, with the height exception outlined above, for the development is consistent with what is allowed within single-family residential homes/subdivisions.  Moreover, the proposed 50-foot building setback (i.e., open space tract) adjacent to these residences will maintain the prior C-2 zoning district’s setback requirement adjacent to single-family residential developments at this location.  It is worth noting, the buildings located within the Assisted Living parcel, which is located to the northeast, is 70 feet away from the nearest buildings which may be developed on this property.

Trash Enclosures:

Trash enclosures will not be closer than 20 feet to a residential multi-family residential structure on the property and will contain landscaping between the trash enclosure and multi-family building. The enclosures will be oriented away from adjacent residential multi-family buildings and be visually screened.

1. Consistency with the General Plan.

The proposed rezoning is consistent with the City of Goodyear’s General Plan and meets many of the City’s the goals, objectives, and policies.

Specifically, the following goals, objectives, and policies within the City’s General Plan apply to this request:

CHAPTER 5, PHYSICAL GROWTH & DEVELOPMENT

Land Use
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.

Policies:
a. Allow flexibility and creativity in the development process while still protecting existing residents and businesses from incompatible land uses and preserving and enhancing Goodyear’s existing character.

b. Provide for and encourage a wide variety of housing products to suit the needs of existing and future residents.


f. High density residential should:
•         Have access to transit services,
•         Locate near commercial uses or integrate commercial uses such as coffee shops,
•         Provide a buffer between commercial and lower density residential,
•         Respect the surrounding residential development,
•         Be compatible with existing surrounding development when infill development (e.g., limit height of buildings to reflect surrounding existing residential buildings).

Growth

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.

Environmental Planning

Goal GD?8. A community that is sensitive and dedicated to preserving the unique nature and wildlife of the Sonoran Desert.

Objective GD?8?1. Utilize architecture and landscape that is compatible with the Sonoran Desert.

Policies:
a. Encourage the use of vegetation that provides shade, seasonal color, and requires minimal irrigation.
                                                   …

c. Promote architecture that is compatible with the Sonoran Desert.


CHAPTER 6 COMMUNITY AND CULTURAL DEVELOPMENT

Neighborhoods

Goal CC?1. Vibrant and complete neighborhoods recognized as being people and family?friendly, each with their individual character yet connected and integrated into a cohesive Goodyear.

Objective CC?1?1. Create and foster complete neighborhoods.

Policies:

a. Promote the concept that all neighborhoods in Goodyear should be “complete neighborhoods” meaning they include:
•         a range of housing options,
•         the option to safely walk or bike to internal and external destinations,
•         access to a variety of transportation options,
•         a sense of place and community pride,
places and spaces that encourage social interaction,
•         accessibility for people of all abilities,

Housing

Goal CC?2. A diverse stock of high-quality housing that meets the needs of all residents.

As Goodyear grows and develops, the needs of our current and future residents will evolve. New housing that meets the needs of diverse residents should be built in Goodyear. As the City ages, maintaining our existing stock of housing will become ever important.


Objective CC?2?1. Provide diverse and quality housing products.

Policies:
a. Encourage a mix of quality and compatible housing types consistent with market trends and demand that adequately meets the needs of current and prospective residents and workers.

Objective CC?2?3. Advance the concept that every person should have access to safe and affordable housing.

Policies:
d. Promote the equitable distribution of housing types throughout the City (e.g., multi?family, single family, assisted living).

CHAPTER 8, LAND USE AND TRANSPORTATION PLAN

Land Use Categories

Neighborhoods
Provides areas for the growth and development of neighborhoods.  Neighborhoods include a wide range of densities and housing products, public and community facilities such as schools and places of worship, and commercial uses at appropriate intensities and locations.

Roadway Classifications

Major Arterial
Designed for vehicular mobility over moderate trip lengths. A major arterial is comprised of six lanes, two bike lanes and two detached sidewalks, a raised median and landscape tracts. Indian School Road and Litchfield Road are examples of Major Arterials.

Development Standards
Universal Development Standards
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.

Neighborhoods Category
Standard 26. Medium Density Residential. Residential uses with densities greater than 5 dwelling units per acre up to 12 dwelling units per acre, may be considered along arterial roads, adjacent to commercial areas, adjacent to community and regional parks or significant open space areas, adjacent to interstates when appropriately

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.

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

This vacant infill Property is adequately sized and fits with the abutting physical and natural features (e.g., major streets, large drainage channel, existing developments, etc.) to serve as a multifamily residential development.

 
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 – Villas at Palm Valley residential condominiums and PARK Senior Villas assisted living;
South – City of Goodyear landscaping tract/regional drainage basin, Indian School Road and PebbleCreek community;
East – PARK Senior Villas assisted living and Palm Valley Phase V single-family residential;
West – PebbleCreek Parkway and The Paseo Apartments;

The proposed rezoning will limit the uses allowed on the Property to multi-family residential type of uses (as opposed to all the C-2 uses currently allowed), which is consistent with the development pattern across PebbleCreek Parkway and provides a buffer and transition from Indian School Road and the senior living community. Thus, RPS Indian School – Multifamily Development should have limited environmental impacts and traffic 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.

Luke Air Force Base:

The property does not fall within the Luke Air Force Base Accident Potential Zone or the DNL. However, the subject property is located within the vicinity of a military airport. Given the location of the property and the proposed zoning, base operations will not be adversely impacted by this development.

Phoenix-Goodyear Airport:

The property does not fall within the Phoenix-Goodyear Airport DNL. However, the developer will provide notice of the base and airport operations to future tenants of the proposed 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.

The applicant has indicated there is market demand for high quality/diverse product type multifamily communities throughout the City and Valley. Moreover, they state the property’s proximity to the freeway (i.e., Loop 303 located 1-mile away), major surface/local streets, existing/future retail commercial areas at Indian School Road and Sarival Avenue/Loop 303, and future employment makes this an ideal location. Thus, demand for multi-family living/options is very strong in this area of Goodyear.

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

School Districts:

The subject property is located within the Litchfield Elementary School District and the Agua Fria Union High School District. Both school districts have been notified of the rezoning request.

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	1.48	0.74	1.87	0.93	Fire Station #183	5.77	2.89	6.16	3.08

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 property will be accessed via private streets/driveways within the development that will gain access to PebbleCreek Parkway at an existing private driveway. The Engineering Department has created stipulations to address traffic requirements applicable to this development. Those stipulations include the requirement for a secondary access for emergency services while Planning has created standards to address the aesthetics of that access point.

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.

The Property abuts existing public services. It is located along major arterial roadways with the necessary capacity. RPS indicated in the Water and Sewer Report, submitted with the rezoning, there is adequate water and sewer infrastructure/capacity to serve the development.
 

8.  Public Participation, Public Comment and Planning and Zoning Commission Meeting:

A virtual Neighborhood Meeting was conducted for this proposal and Notice of the Neighborhood Meeting was provided to property owners within 500 feet of the property on September 9, 2021. The neighborhood meeting took place virtually on September 30, 2021. There was no objection to the rezone received.

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 March 16, 2022 appeared in the Arizona Republic Southwest Valley Edition February 25, 2022; postcards were mailed to adjoining owners on February 17, 2022; and a sign was posted on the site on February 18, 2022.

On March 16, 2022, the Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the applicant spoke briefly to the Commission. The Planning and Zoning Commission voted (7-0) to recommend approval, subject to the proposed stipulations.

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.

The proposed development will have a positive impact to the general health, safety and welfare of the citizens of the City and the general public. The proposed development will provide an additional housing option.