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ITEM #: 12.
DATE: 10/24/2022

AI #:965
CITY COUNCIL ACTION REPORT
 
SUBJECT: TERMINATING EXISTING DEVELOPMENT AGREEMENT FOR LA JOLLA VISTA AND PUBLIC HEARING TO REZONE APPROXIMATELY 198.5 GROSS ACRES LOCATED AT THE NORTHEAST CORNER OF CITRUS AND LOWER BUCKEYE ROADS
 
STAFF PRESENTER(S): Christian M. Williams, Senior Planner

SUMMARY

This is a Public Hearing to consider a Request to rezone approximately 198.5 gross acres located at the northeast corner of Citrus Road and Lower Buckeye Road from Planned Area Development (PAD) to R1-4 and R1-6 with Reduced Development Standards with a PAD Overlay.

Recommendation

1. ADOPT RESOLUTION NO. 2022-2255, TERMINATING SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR LA JOLLA VISTA AND AMENDMENTS THERETO AND DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS INCORPORATED BY REFERENCE IN ORDINANCE 2022-1545 RELATED TO THE REZONING CASE FOR – LA JOLLA VISTA AT WEST GOODYEAR.

2. ADOPT ORDINANCE NO. 2022-1545, CONDITIONALLY REZONING APPROXIMATELY 198.6 GROSS ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF CITRUS ROAD AND LOWER BUCKEYE ROAD TO BE KNOWN AS LA JOLLA VISTA AT WEST GOODYEAR; 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 PROVIDING FOR PENALTIES; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (Christian M. Williams, Principal 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 proposed rezoning includes 198.5 acres of property generally located at the northeast corner of Citrus Road and Lower Buckeye Road (the “Property”). The Property was zoned Planned Area Development in 2005 by Ordinance No. 2005-971 and contemplated 60’ x 120’, 70’ x 125’ and two Court home parcels with attached or detached single family homes arranged around a common motor court with a minimum lot size of 2,000 square feet as well as an elementary school site. In 2016, an amendment occurred by Ordinance No. 16-1338 which changed the land use designations of Parcels 4 and 6 from Court homes to 50’ x 120’ (6,000 square feet) lots, during this zoning case, the developer also agreed to restrict pedestrian connections between the Property and Durango Street. In 2017, an additional amendment occurred by Ordinance No. 17-1340 which allowed for limited access from La Jolla Vista to Durango Street for the purposes of accessing an irrigation facility which was to be located on the Property.

When the various properties known as the West Goodyear Properties, including the Property, were annexed into and/or sought to rezone their respective properties, the owners of the properties caused the preparation of regional water and wastewater master studies and amendments thereto to identify the regional water and wastewater lines that had to be constructed to serve the West Goodyear properties.  The City adopted Resolution of Intention No. 06-1064 as amended by Resolution No 14-1621 and Resolution No. 16-1747 to allocate the costs of the regional water lines identified in the master water study as amended among the benefited properties (referred to herein as the “Cost Recovery Resolution – Water Delivery Lines”) and adopted Resolution of Intention No. 06-1065 as amended by Resolution No 14-1622 and Resolution No. 16-1748 to allocate the costs of the regional wastewater lines identified in the master wastewater study as amended among the benefited properties (referred to herein as the “Cost Recovery Resolution – Wastewater Trunk Lines”).

Summary of Rezoning Request
The current proposed rezoning seeks to replace previous zoning cases with 104.8 acres of R1-4 (Single-Family Detached), 93.6 acres of R1-6 (Single-Family) zoning districts with R1-4 Reduced Development Standards, R1-6 Reduced Development Standards and a PAD Overlay. The maximum number of dwelling units that will be developed on the Property is 736. The change in zoning does not impact the regional water and wastewater lines that are needed to serve the Property and the Property Owner is responsible for either constructing the lines identified in the cost recovery resolutions and/or paying cost recovery payment for the costs of the lines constructed by others identified in the cost recovery resolutions as benefitting the Property.

Termination of Development Agreement
Since the adoption of Resolution 05-1007 approving a Pre-Annexation Development Agreement for the Property, City Council, in an effort to facilitate the development of the Property, has entered into a nine (9) amendments and/or restated development agreements related to the development of the property including: First Amendment to Pre-Annexation Development Agreement approved by Resolution 11-1464 and recorded at MCR No. 2011-1019669; an Amended and Restated Development Agreement (La Jolla Vista) approved by Resolution 13-1560, recorded at MCR No. 2013-0594314; First Amendment to Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 13-1589, recorded at MCR No. 2014-0040963; Second Amendment to Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 14-1629, recorded at MCR No. 2014-0334245 and re-recorded at MCR No. 2014-0373259; Third Amendment to Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 15-1708, recorded at MCR No. 2015-0457194; Fourth Amendment to Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 15-1727, recorded at MCR No. 2015-0722868; Fifth Amendment to Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 16-1740, recorded at MCR No. 2016-0060955; Second Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 2016-1751, recorded at MCR No. 2016-0288863 and First Amendment to Second Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 17-1781, recorded at MCR 2017-0077324 (collectively, the Second Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 16-1751, recorded at MCR No. 2016-0288863 and First Amendment to Second Amended and Restated Development Agreement for La Jolla Vista approved by Resolution 17-1781, recorded at MCR 2017-0077324 are referred to as the “Existing La Jolla Vista Development Agreement”).  The proposed rezoning would require yet another amendment to the Existing La Jolla Vista Development Agreement.  Rather than amending the Existing La Jolla Vista Development Agreement, the rezoning ordinance includes as conditions of the rezoning the various development obligations such as dedication requirements, infrastructure requirements, in-lieu payment requirements cost recovery payments, and financial assurance requirement that would otherwise be included in a development agreement.  Because the development obligations are included as a condition of rezoning, the rezoning is conditioned upon the termination of the Existing Development Agreement and Resolution 2022-1545 provides for the termination of the Existing Development Agreement.

STAFF ANALYSIS

Current Policy:
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.

Details of the Rezoning Request:
The applicant is requesting a zoning change from the currently approved La Jolla Vista Final Planned Area Development to R1-4 (Single-Family Detached) Zoning District on 104.8 and R1-6 (Single-Family) Zoning District on 93.6 acres with R1-4 Reduced Development Standards, R1-6 Reduced Development Standards and a PAD Overlay for a development to be referred to collectively as La Jolla Vista at West Goodyear.

The PAD Overlay modifies the foregoing standards as follows: all lots within the R1-4 zoned area of the development shall have a minimum lot width of 45 feet; with a minimum depth of 115-feet with the exception of corner lots and knuckle lots which may have their maximum depth reduced to 110-feet; and the minimum square footage of a lot shall be 5,175 with the exception of corner lots and knuckle lots which may be reduced to 5,170 square feet.

The R1-4 zoned area will adhere to the R1-4 (Single Family Detached) Zoning District as modified by the R1-4 Reduced Development Standards, as modified by the PAD Overlay.

The PAD Overlay modifies the foregoing standards as follows: all lots within the R1-6 zoned area of the development shall have a minimum lot width of 50 feet; at least 35% of the lots within the R1-6 zoned area of the Property shall be at least 50-feet wide with a minimum depth of 115-feet; at least 45% of the lots within the R1-6 zoned area of the Property shall be at least 55-feet wide with a minimum depth of 120-feet; at least 5% of the lots within the R1-6 zoned area of the Property shall be at least 60-feet wide with a minimum depth of 120-feet.

The R1-6 zoned area will adhere to the R1-6 (Single Family Detached) Zoning District as modified by the R1-4 Reduced Development Standards, as modified by the PAD Overlay.

However, the PAD overlay allows as a permitted use a facility located within 200 feet of the northern boundary of the Property between 175th Avenue and 177th Avenue owned and operated by the Roosevelt Irrigation District.  The site upon which such facilities are constructed shall be developed in accordance with the City of Goodyear’s PFD Zoning District Standards as defined in Article 3-3-6 Commercial Districts Standards.  

Additionally, all residential lots along the northern perimeter of the Property, platted within 100 feet of the Durango Street right-of-way, shall be at least 60-feet wide.  The total number of residential units within the Property is limited to 736. 
The proposed rezoning requires additional amenity elements, connectivity elements and streetscape elements be provided.  The proposed zoning ordinance includes stipulations requiring these amenity elements, connectivity elements and minimum streetscape elements be provided. They include the following: 

To meet the two (2) required Amenity Elements, the development will:
· Additional Park Space - An 8.3-acre centralized park and amenity center located at the heart of the Property shall be developed.
· Additional Park Amenities - The centralized park shall provide localized usable active open space area and shall include all of the following resident and recreational amenities: A splash pad with shaded perimeter seating; restroom facility; a minimum of two (2) Pickleball courts; basketball court; dog park; resort style pool that includes at least one lap lane (may be contained within two pools); gas fire pit; game lawn with games such as cornhole, bocce ball or the like; ramada with shade and a barbeque grill; decorative split rail fencing adjacent to parking areas and public/private streets; Open play turf areas; Shaded or trellised seating areas; and shaded tot lot;. The Final elements of the Additional Amenities shall be refined with staff to collectively be of an equal or greater quality to those described above.

In order to meet the four (4) required Connectivity Elements, the development will:
· Be Considered In-fill:
o Project will be considered in-fill.
· Provide Trail System Connections that include:
o Construct along Citrus Road a 5-foot-wide landscape strip; an 8-foot wide concrete sidewalk adjacent to the landscape strip; a 5-foot-wide landscape strip adjacent to the sidewalk with shade trees planted 25-feet on center adjacent to the concrete sidewalk; a bridle trail consisting of two (2) decomposed granite 5-foot wide single treads both lined with concrete header or one (1) 10-foot wide bi-directional trail; the bridle trail(s) shall be lined with concrete header if placed in a retention basin, stormwater channel, conveyance channel or similar water conveyance or retention feature; these enhancements shall be constructed when the Citrus Road Improvements are to be constructed and the Zoning Administrator may modify the dimensions and spacing requirements above in the event of a utility conflict if the enhancement is collectively equal or greater in quality to those described above.

· Provide Lot Diversity:
o Based on the provisions found within the PAD Overlay, La Jolla Vista will have approximately 78% of the lots exceed the required minimum lot width. Approximately 47% of the site will compromise of lots that are 45-feet wide by 115-feet deep; approximately 27% of the site will comprise of lots that are 55-feet wide by 120-feet deep; and approximately 4% of the site will comprise of lots that are 60-feet wide by 120-feet deep. In order to ensure lot diversity within By way of comparison a standard R1-4 Reduced lot may be as small as 40-feet wide by 100-feet deep or 4,000 square feet and the standard R1-6 Reduced lot may be as small as 50-feet wide by 100-feet deep or 5,000 square feet.
· Limited Subdivision of Perimeter Wall:
o Perimeter walls around the Property shall only be constructed along the rear of the residential lots and decorative split rail fencing will be provided along the outer perimeter following Citrus Road and Lower Buckeye Road as well as large landscaped areas to break up the visual of the rear individual lot walls.

The Streetscape Elements are not finalized until the preliminary plat review. However, in order to meet the four (4) Streetscape Elements, the development plans to:
· Provide Detached Sidewalks - 6-foot-wide planter adjacent to all roads in interior of the development with HOA maintained landscape strips.
· Provide Additional Streetscape Elements - Decorative pavers, colored concrete and/or stamped concrete, and/or other material as approved by the Zoning Administrator, Engineering and Public Works, shall be used on all driveway on all lots within the development (between the sidewalk and the house).
· Provide Additional Streetscape Elements – Decorative pavers, colored concrete and/or stamped concrete, and/or other material as approved by the Zoning Administrator, Engineering and Public Works, will be used at all entryways into the development off of Citrus Road and Lower Buckeye Road.
· Provide West Goodyear Streetscape Designs –
o The primary and secondary entrances to the community incorporate enhanced collector designs that include bike lanes, landscaped medians, and detached sidewalks.
o A white crossbuck split rail fence is included at both the primary and secondary entrances and at hard-exterior corners.
o Perimeter wall along Citrus Road will complement and be consistent with the design elements established by Las Brisas. Perimeter areas will also be landscaped, and many locations include the white crossbuck split rail fence.
o Farm/agricultural and rustic elements such as the trellis structures are incorporated at the primary and secondary entry monuments.
o Landscape planting creates the sense of agricultural planting through linear and structured placement.
o The signage at the primary and secondary entry monuments will read “La Jolla Vista at West Goodyear”

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 proposed land plan is consistent with the current General Plan land use designation in terms of land use location and density. With the adoption of the City of Goodyear’s General Plan “Goodyear 2025” the Project Site was given a land use designation of “Neighborhood” which is defined as: “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.”
 

A key element in this definition is the allowance for a wide range of densities and housing products. We believe allowing flexibility in this regard enables the City to be responsive to planning needs in the City. It also allows for homebuilders to be creative in the type of communities they develop. This community will meet the City’s intent to provide a diversity of housing options by providing homes on a variety of lot sizes, within a community of enhanced design and amenities. This is a combination that many homebuyers are looking for, and we’re going to be able to provide it in an excellent location within a portion of the city that enjoys close access to employment and transportation.
 
As part of the City of Goodyear’s General Plan “Goodyear 2025” Chapter 8 – Land Use and Transportation Plan, clearly defined “Development Standards” are set forth. The Develop Standards that apply to the project will be met and the plan intent is in Conformance with the City of Goodyear’s General Plan “Goodyear 2025”. Additional objectives, goals and standards can be found in the applicant’s narrative.

2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district.
The property has no significant natural or built constraints and provides an opportunity to create an outstanding residential community. The land is generally flat and will provide storm water management through on-site retention basins and participation with regional flows along Citrus Road. The channel near Citrus Road will provide recreation amenities with an equestrian trail and adjacent pedestrian paths which are part of the overall bicycle and pedestrian circulation.
 
3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning.
La Jolla Vista at West Goodyear is located in a growing area of West Goodyear with adjacent properties reflecting similar or higher density zoning designations. Parcels that are within the City’s boundaries, within this area of Goodyear are either currently zoned or being rezoned to smaller single-family residential units. This includes Pradera to the west and Citrus Park to the southwest as well as nearby Amber Meadows, La Privada, Silva Trails, Paseo Place and Las Ventanas. Parcels along the east are similar in nature and north of the property are larger lot single family residential units. The development of La Privada will provide and improve the necessary infrastructure including construction of collector and arterial roadways and extension of City of Goodyear water and sewer service to West Goodyear. The surrounding properties in general will benefit from the future high-quality residential community. Current and future uses and development of the properties surrounding the subject property include:
North – County island, homes and vacant agricultural lands (largely zoned RU-43/city equivalent to AU (Agricultural Urban)) and Cottonflower (zoned PAD);
South – Vacant Neighborhood Commercial (zoned C-1), Agua Fria Union High School District vacant site (zoned R1-6), Vacant The Artesian at West Goodyear (Cotton Commons) (zoned MF-12 and MF-24);
East – Cottonflower (zoned PAD) and Sin Lomas (zoned PAD);
West – Pradera (zoned R1-4 and R1-6);

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.
La Jolla Vista at West Goodyear is consistent and compatible with other land uses existing and entitled within the immediate area. The property is located within an area that was planned for low and medium density residential uses.

The jurisdiction along the north boundaries are within unincorporated Maricopa County and are zoned RU-43 with single family homes. There is a landscape strip, owned by the developers, that will be developed within the county as well as an existing country roadway between the county residential and the planned La Jolla Vista at West Goodyear residential. Additionally, in order to provide a more sensitive transitional space between these larger lots and proposed lots, La Jolla Vista at West Goodyear will require all residential lots along the northern perimeter of the Property, platted within 100 feet of the Durango Street right-of-way, to be at least 60-feet wide.

The proposed community is in line with the City’s General Plan principles. The City of Goodyear’s 2025 General Plan Land Use Map classifies the property as “Neighborhood.” The “Neighborhood” land use is intended to provide for the growth and development of residential neighborhoods providing diversity of densities and housing products.

Luke Air Force Base:
The property does not fall within the Luke Air Force Base Accident Potential Zone or the DNL. However, the property does fall within the Luke Air Force Base Military Vicinity boundary thus disclosure statements shall be required as a condition of approval.

Phoenix-Goodyear Airport:
The property does not fall within the Phoenix-Goodyear Airport DNL.

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.
Per the General Plan this community falls within the Neighborhoods land-use. Entitlement of the subject property with PAD zoning will meet the demand for residential development.

Developers have indicated the current Arizona housing market indicates the Phoenix Metro area needs hundreds-of-thousands of homes to meet the current demand. A growing trend has demonstrated that the request for more narrow lots is reflected not just in West Goodyear, but across the valley. This does not necessarily mean that the home sizes are decreasing but rather indicates homebuyers want less property to maintain. By adjusting to market demand, this could allow lots to be platted and sold to developers and homebuyers more quickly, bringing more residents into Goodyear and contribute to the City’s tax base.

La Jolla Vista at West Goodyear has been designed to be consistent with the City’s goals to provide a sustainable and varied residential community that will be a cornerstone in the West Goodyear area. High quality not only speaks the physical building, but to the high quality of life that La Jolla Vista at West Goodyear brings with it planned amenities. Recent West Goodyear development activity with Pradera, Citrus Park, Silva Trails and La Privada show the interest in providing new residential units in West 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 Avondale 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:

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 primarily from Citrus Road and Lower Buckeye Road. The Engineering Department has created stipulations to address traffic issues caused by the development of this property. Those stipulations address traffic signals, roadway construction and access to needed and adjacent streets.

Water/Wastewater:
The subject property will be served by city of Goodyear water and wastewater utilities.

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 is located near existing or planned Cost Recovery Ordinance public services. We do not anticipate any potential adverse fiscal impacts resulting from development of this property.
 
8. General public concerns.
Public Participation, Public Comment and Planning and Zoning Commission Meeting:
An in-person neighborhood meeting was conducted for this proposal on March 31, 2022. Notice of the neighborhood meeting was sent to property owners within 500 feet of the property to provide ample opportunity for input prior to noticing the public hearing itself, those notices were mailed on March 12, 2022; a sign advertising the neighborhood meeting was posted to the site on March 15, 2022. During the neighborhood meeting, residents asked questions about regional traffic concerns, building heights and transition to their properties from Durango Street. No formal opposition has since been 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 October 12, 2022 appeared in the Arizona Republic Southwest Valley Edition September 23, 2022; postcards were mailed to adjoining owners on September 22, 2022; and the sign(s) on the site were updated on September 27, 2022 to notify residents of the scheduled public hearings.

On October 12, 2022, the Planning and Zoning Commission held a public hearing for this item. After staff presentation, two county residents spoke briefly to the Commission. One  county resident spoke largely about a desire for solid block walls along the boundary of the homes that abut Durango Street. Another county resident spoke largely about a desire for a single-family home restriction along the boundary of the property that abuts Durango Street. The Planning and Zoning Commission voted (5-0) to recommend approval, subject to the proposed stipulations.

9. Whether the amendment promotes orderly growth and development.
This zoning amendment requires consistency with the City’s General Plan, compatibility with the surrounding zoning and promotes orderly growth and development as part of the West Goodyear Area. As development continues to grow within West Goodyear, the bringing forward of La Jolla Vista at West Goodyear allows expansion of the City infrastructure and development sequentially to its western boundary particularly related to regional drainage, water, and wastewater expansion.

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 on the property will have a positive impact to the general health, safety, and welfare of the citizens of the City by providing a safe and well-designed community within the heart of West Goodyear.

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