Planning & Zoning Commission Goodyear City Hall - Council Chambers 1900 N. Civic Square Goodyear, AZ 85395 |
![]() |
|
- Present:
- Chairman Jason Kish; Vice Chairman Gregg Clymer; Commissioner Maria Sambito; Commissioner Anthony Wang; Commissioner Carl Hamilton; Commissioner Kent Hegedus; Commissioner Marlon Booth
| APPROVE MINUTES |
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Carl Hamilton to APPROVE the draft minutes of the Planning and Zoning Commission meeting on July 6, 2022. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
| PUBLIC COMMENTS |
Non-Agenda items: This is the time for citizens who would like to address the Planning & Zoning Commission on any non-agenda item within the jurisdiction of the Goodyear Planning & Zoning Commission. Please complete a speaker card and give it to the Secretary. Each speaker is limited to three (3) minutes. Before you begin to speak, identify yourself by clearly stating for the record your name and whether you are a Goodyear resident. The Commission will listen to comments and may take any one of the following actions:
• Respond to criticism
• Request that staff investigate and report on the matter
• Request that the matter be scheduled for on a future agenda.
Agenda items: The Chairman will call for public comments as each agenda item is up for discussion. Please complete a speaker card for the Secretary, listing the agenda item on which you would like to speak. Each speaker is limited to three (3) minutes. Before you begin to speak, identify yourself by clearly stating for the record your name and whether you are a Goodyear resident.
| DISCLOSURE OF EX PARTE COMMUNICATIONS |
This is an opportunity for Commission members to disclose any ex-parte communications they may have had prior to this meeting on any item scheduled for discussion on this agenda.
| PUBLIC HEARINGS |
The following actions will take place for each public hearing item:
A. Open the Public Hearing
B. Staff Presentation
C. Applicant Presentation (if applicable)
D. Receive Public Comment
E. Close the Public Hearing
Assistant Planner Guadalupe Ortiz Cortez presented the request to rezone approximately 10.71 acres generally located south of McDowell Road near the 183rd Avenue alignment from 3.34 acres of I-1 (Light Industrial) and 6.63 acres of I-2 (General Industrial) to 10.71 acres of I-2 (General Industrial). The request is for a rezoning for the western 3.34 acres of the Property from the I-1 (Light Industrial) zoning district and a rezoning for the eastern 6.63 acres of the Property from the I-2 (General Industrial) to the I-2 (General Industrial) zoning district to facilitate the development of a Penske a vehicle and truck leasing and rental and sales business under the existing city of Goodyear I-2 (General Industrial) Zoning District. The rezoning of the portion of the Property that is already zoned as I-2 is required because the rezoning of the portion of the property currently zoned as I-1 to I-2 is conditioned upon stipulations that apply to the development of the entire property. An I-2 (General Industrial) Zoning District shall be developed under the Employment/Industrial Design Guidelines as outlined in the Goodyear Design Guidelines. Although the intended user of the site is Penske, a rezone would facilitate the development of any I-2 use subject to the stipulations.
Cassandra Ayres, representing the applicant, was available for questions.
There being no public comment, Chairman Kish closed the public hearing at 6:10 p.m.
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Anthony Wang
to RECOMMEND approval for case 22-200-00004 REZONE APPROXIMATELY 10.71 ACRES TO I-2 FOR MCDOWELL AND 183. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
Assistant Planner Guadalupe Ortiz Cortez presented the request for a rezone to amend the PAD zoning for approximately 159 acres located at the northeast corner of Perryville Road and Durango Street known as Las Ventanas to modify development standards and requirements that will directly impact approximately 139 acres within the Property. Although this amendment to the existing Las Ventanas PAD applies to the entire Property, the terms being amended effect only the portion of the Property that is to be developed as residential. The 14-acre portion of the property, that is to be developed as commercial, is not impacted by the proposed rezoning.
The applicant is seeking to increase the Maximum Lot Coverage allowed for the residential lots that are to be developed within the approximate 137-acre of the Property that is to be developed as single family residential. Each of the three lot sizes had a maximum lot coverage of 45%, which the applicant is seeking to increase to 55%, which allow the developer to build RV garages upon the residential lots. The applicant is also seeking to modify the requirements related to entry monuments. Under the existing Las Ventanas PAD, major entry monuments were to be constructed at the entrances into the property off of Yuma Road and off of Perryville Road and at the corner of Yuma Road and 183rd Avenue, and a minor entry was to be constructed at an entry into the Property off of 183rd Avenue. Under the amended PAD, primary entry monuments will be constructed on the corner of Yuma Road and 183rd Avenue and on the corner of Perryville Road and Durango Street and secondary entry monuments will be constructed at the entrances into the Property off of Perryville Road and Yuma Road.
In support of this request, the applicant has agreed to enhance the amenities within the central community park. Under the proposed rezoning, the central community park will include a community pool and restroom building, a shaded tot lot, a half-basketball court and a shaded seating node. In addition, the applicant has agreed to incorporate the design elements that are required for other West Goodyear properties, specifically, the entry monuments will feature the “West Goodyear” name and the monuments will incorporate split rail fencing.
The proposed PAD amendment does not change the maximum number of dwelling units that can be developed on the Property, and the proposed changes do not impact the regional water and wastewater lines that are needed to serve the Property. The Property Owner remains responsible for either constructing the lines identified in the West Goodyear cost recovery resolutions as benefiting the Property and/or paying cost recovery payment for the costs of the lines constructed by others.
Commission commented that this neighborhood seems like a beautiful addition to West Goodyear.
Chris Webb, representing the applicant, was available for any questions.
There being no public comment, Chairman Kish closed the public hearing at 6:18 p.m.
MOTION BY Vice Chairman Gregg Clymer, SECONDED BY Commissioner Marlon Booth to RECOMMEND approval for case 22-200-00012 REZONE TO AMEND EXISTING PAD ZONING FOR APPROXIMATELY 159 ACRES LOCATED AT THE NORTHEAST CORNER OF PERRYVILLE ROAD AND DURANGO STREET KNOWN AS LAS VENTANAS. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
Deputy Director of Planning Katie Wilken presented the request to consider a zoning ordinance text amendment to amend Sections 1-2-5 (Planning and Zoning Commission), 1-2-7 (Board of Adjustment) and 1-3-3 (Variances) of the Goodyear Zoning Code related to requirements for the number of votes of the Planning Commission needed to recommend approval of an application and the membership, composition, responsibilities, powers and processes of the Board of Adjustment.
Currently, a recommendation of approval of an application requires a vote of four members of the Planning and Zoning Commission. This proves problematic when all of the member of the Planning and Zoning Commission are not present. Accordingly, staff is recommending that a concurring vote of a simple majority of the Planning and Zoning Commission considering the application be required for a recommendation of approval.
The City of Goodyear is required by State Statute to have a Board of Adjustment (BOA). The role of the BOA is to hear and decide appeals of the decisions of the zoning administrator and hear and decided on requests for variances of the zoning ordinance. The Goodyear BOA is currently a separate body made up of five members who are residents of Goodyear and appointed by the City Council.The Goodyear BOA is not an active committee. The last appeal case the board heard was in 2017. It is difficult to appoint and keep BOA members because of it does not provide participation opportunities. The frequent turnover in BOA membership strains staff resources because of the time it takes to solicit and appoint new members, to train members, and to hold annual meetings. Staff recommends appointing the members of the Planning and Zoning Commission as the BOA. The members of the Planning and Zoning Commission will essentially fill two committee appointments. This will allow the city to ensure we have an appointed BOA. This change requires changes to the provisions in the Zoning Ordinance related to the creation, composition of the BOA as well as the powers and responsibilities and processes of the BOA. Under the Zoning Ordinance, the BOA is responsible for adopting rules of procedure not inconsistent with the Zoning Ordinance. There is no requirement for council approval of the BOA’s rules of approval. Pursuant to this requirement, staff will be updating the Rules of Procedure for the BOA, which have not been updated since 1996, and will be taking them to the BOA for approval.
There being no public comment, Chairman Kish closed the public hearing at 6:23 p.m.
MOTION BY Commissioner Kent Hegedus, SECONDED BY Commissioner Anthony Wang to RECOMMEND approval for case 22-200-00002 TEXT AMENDMENT TO GOODYEAR ZONING CODE RELATED TO THE PLANNING COMMISSION VOTES AND THE MEMBERSHIP, COMPOSITION, RESPONSIBILITIES POWERS AND PROCESSES OF BOARD OF ADJUSTMENT. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
Senior Planner Alex Lestinsky presented the request to consider a PAD Amendment to the Montecito Planned Area Development modifying the zoning district of four parcels (9.7, 9.18, 9.21, and 9.42) and modification to stipulation #6 of the prior Ordinance (2018-1380). The proposed amendment to the Montecito PAD modifies the zoning designation for four parcels within the Montecito PAD. The four parcels are currently designated as SFD-60 and of those, three are proposed as the SFD/A designation which allows single-family detached and attached residential lots, the fourth parcel is proposed as SFD-50 which allows single-family detached lots. The SFD/A and SFD-50 district standards were originally approved in the 2018 Montecito PAD Amendment. This update does not change the development standards applicable to the SFD/A and SFD-50 residential zoning categories that were approved in 2018. However, in response to concerns raised during the neighborhood meeting, the property owner agreed to certain modifications to the development standards as applied to the three parcels that were being designated as SFD/A (Parcels 9.18, 9.21, and 9.42). Specifically, the property owner agreed that only single family detached homes would be constructed within these parcels, and the owner agreed that lots within these parcels would have minimum width of 47 feet, a minimum depth of 110 feet and buildings within these parcels would be no more than two stories and would be no more than 30 feet in height. The proposed amendment to the Montecito PAD modifies the four parcels and restates the currently applicable development standards for the PAD in the Montecito Planned Area Development Amendment Regulatory Standards Booklet dated May 2022. Stipulations have been included in the rezoning ordinance to reflect the limitations regarding the development of Parcels 9.18, 9.21, and 9.42 agreed to by the property owner as set forth above.
In addition to the modification of the four parcels, the applicant also wishes to modify stipulation #6 of Ordinance No. 2018-1380 regarding the development of the Parcel 9.23 as a park site. Stipulation #6 states: “Park and open spaces area, including the parks adjacent to the designated school sites, shall be improved in conjunction with the construction of infrastructure of the parcels by the developer. Park and open spaces areas, except for those areas (if any) that are conveyed to the City or school district, shall be privately owned and maintained by the Homeowners Associations”. At this time, the surrounding parcels are not fully constructed, so the park has not yet been constructed. The developer in conjunction with the Villages Community Association (HOA) has requested that the development of the park be delayed for two primary reasons:
- Safety/visibility of the park – As this parcel is in a remote location, the park and its structures would be at high risk for graffiti and other types of vandalism, including damage and defacement of park equipment, benches and lighting, as well as the dumping of trash and other debris, resulting in additional costs for manned park patrols and repair and replacements of damaged equipment and structures.
- Financial burden on the HOA/residents – the Board and Budget finance committee have discussed the financial implications of developing the park without enough homes occupied and paying association dues to help support the maintenance costs.
Commission asked about the smaller lot sizes and where else these are being built. Ms. Lestinsky explained that these are under construction just north of Willis road.
Commission asked for further explanation on how the amount of lots is not increasing. Ms. Lestinsky stated that the original approval capped the amount of lots within the area. Throughout the years, some of the lots were allowed to go smaller but they were actually built larger than was originally planned. The amount of lots is not increasing.
Andrew Yancey, representing the applicant, gave a brief overview of the PAD amendment being presented, the underdeveloped lots and the parks within the area.
Susan, Goodyear resident, commented on accidents, crime, traffic, events and evacuation of Estrella. The resident declined filling out a speaker card.
Vince, Goodyear resident, commented on the traffic in Estrella, whether there will be another road into Estrella and evacuation of the area. The resident declined filling out a speaker card.
Commission expressed appreciation for residents coming to meetings in order to voice their opinions.
Commission asked staff about another road through Estrella. Deputy Director of Planning Katie Wilken stated that an upgrade to the Estrella Parkway bridge is currently planned in the Capital Improvement Projects. There are future plans for taking Cotton Lane south but that would be done by the developer.
There being no further public comment, Chairman Kish closed the public hearing at 6:56 p.m.
MOTION BY Commissioner Marlon Booth, SECONDED BY Commissioner Kent Hegedus to RECOMMEND approval for case 22-200-00010 MONTECITO PAD AMENDMENT. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
| BUSINESS |
Although it is anticipated that separate final plats will be prepared corresponding to each of the preliminary plats being presented for approval, all of the final plats will need to be approved and recorded concurrently because of the interdependency of the infrastructure required to serve the property included in the preliminary plats being presented for approval. Surrounding development includes:
- North – W. Mountain Vista Drive; Future Parcels 9.39 and 9.40
- East – Future Parcel 9.22
- South – Future Parcels 9.19 and 9.20
- West – Future Parcel 9.17 and 9.16
Commission asked if there were any stipulations to avoid 2-story homes overlooking other properties. Ms. Lestinsky explained that there are stipulations against 2-story homes on the edge of streets. There are also tracts and built-in separations between the subdivisions.
Commission expressed appreciation at the size and variety of the lots.
Andrew Yancey, representing the applicant, was available for questions and explained that all of the smaller lots exceeded the minimum depth.
A resident asked whether the reduction in the lot sizes meant that there would be more houses per acre as the 2-story homes near the school were put in at a reduced size and they are all 2-story homes. The resident declined filling out a speaker card.
Commission asked the applicant to give an explanation of the lot reduction, the number of homes and what was being affected.
Mr. Yancey explained that there is an overall cap on the amount of homes within the Montecito area. The existing homes in Montecito tend to have larger lots than what was originally planned. The change on the lot sizes now - which was within the rezoning discussed earlier during the meeting - is to have the diversity that was originally planned. Courthome type products within Montecito are present, but that is not what is intended here.
Commission asked for clarification if this will be a traditional single family home. Mr. Yancey confirmed that this is the intention of the plat.
MOTION BY Vice Chairman Gregg Clymer, SECONDED BY Commissioner Maria Sambito to RECOMMEND approval for case 21-500-00007 PRELIMINARY PLAT FOR ESTRELLA PARCEL 9.18. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Marlon Booth to RECOMMEND approval for case 21-500-00008 PRELIMINARY PLAT FOR ESTRELLA PARCEL 9.21. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
Senior Planner Alex Lestinsky presented the request to subdivide approximately 28 acres into 95 lots and 8 tracts within Parcel 9.7, approximately 18 acres into 97 lots and 14 tracts within Parcels 9.39 and 9.40, approximately 9 acres into 52 lots and 10 tracts within Parcel 9.41 and approximately 16 acres into 121 lots and 7 tracts within Parcel 9.42. In total, these preliminary plats include approximately 71 acres of property into 365 lots and 39 tracts. The subdivision reflected in the preliminary plats presented herein will be accessed by entries off of West Calistoga Drive and West Mountain Vista Drive. Surrounding development includes:
- North – W. Calistoga Drive; Existing Parcel 9.43
- East – Existing Parcel 9.6 and Parcel 9.23 (Future park site)
- South – W. Mountain Vista Drive; Future Parcels 9.18 and 9.21
- West – W. Calistoga Drive; Future residential
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Kent Hegedus to RECOMMEND approval for case 22-500-00001 PRELIMINARY PLAT FOR ESTRELLA PARCEL 9.7. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Anthony Wang to RECOMMEND approval for case 21-500-00004 PRELIMINARY PLATS FOR MONTECITO PARCELS 9.39 & 9.40. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
MOTION BY Commissioner Maria Sambito, SECONDED BY Vice Chairman Gregg Clymer to RECOMMEND approval for case 21-500-00005 PRELIMINARY PLAT FOR MONTECITO PARCEL 9.41. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Marlon Booth to RECOMMEND approval for case 21-500-00006 PRELIMINARY PLAT FOR MONTECITO PARCEL 9.42. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
- North – Arnold Manor subdivision – zoned R1-7
- South – Existing Commercial, Wells Fargo bank, Van Buren Street
- East – Existing Commercial center, Central Square commercial complex
- West – Existing Commercial center, 99 Cents Store anchor
Amenity Elements (1 required)
- Additional Internal Park Amenities – The development will include a private pool for use by the residents.
- Integrated Commercial – This property is entirely contained within 1,320-foot radius of a commercial property, not separated by an arterial road, and is not separated by a subdivision perimeter wall, as required by the Zoning Ordinance elements allowing it to count as an amenity element.
- No Subdivision Perimeter Wall – This development does not have a perimeter wall restricting connectivity from the adjacent commercial developments.
- Infill Development – This site is located within a growth area as defined by the General Plan.
- Internal trail system – The development will provide a minimum 5-foot sidewalk trail that provides connectivity to internal amenities and the adjacent commercial developments.
- The applicant has provided an alternative paving material in the driveway which was included in the Landscape Plans.
Amy Malloy, representing the applicant, addressed the Commission and stated that each unit will be fenced like a traditional home.
Commission asked about the northern property adjacent to the project and whether that could be fenced or secured. Ms. Malloy explained that the APS easement is along Van Buren while the northern tract adjacent to the property is a Public Utility Easement for sewer access. Deputy Director of Planning Katie Wilken explained that there is no regulation requiring the area to be fenced and this would have had to be addressed at the time of rezoning.
Commission discussed the possibility of the easement being policed and or secured. Deputy City Attorney Sarah Chilton advised that it would be too late to require access security, however if the applicant is willing, the city can work with them to provide access but secure the area.
MOTION BY Commissioner Maria Sambito, SECONDED BY Commissioner Marlon Booth to RECOMMEND approval for case 21-500-00013 PRELIMINARY PLAT FOR THRIVE AT AVISION GOODYEAR with the added stipulations that all of the lots will include either rear fences or walls and security gates to limit access to the easement area to the north side of the property. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
- North – Abel Ranch community; Camelback Road
- East – Abel Ranch community
- South – Abel Ranch community; Indian School Road
- West – Citrus Road and Sedella community
MOTION BY Vice Chairman Gregg Clymer, SECONDED BY Commissioner Anthony Wang to RECOMMEND approval for case 21-500-00015 PRELIMINARY PLAT FOR CITRUS FARM. The motion carried by the following vote:
- AYE:
- Chairman Jason Kish, Vice Chairman Gregg Clymer, Commissioner Anthony Wang, Commissioner Carl Hamilton, Commissioner Kent Hegedus, Commissioner Maria Sambito, Commissioner Marlon Booth
Passed - Unanimously
| STAFF COMMUNICATIONS |
| NEXT MEETING |
| ADJOURNMENT |
Respectfully Submitted by:
__________________________ Alissa Magley, Commission Secretary |
__________________________ Jason Kish, Chairman |
Date:___________________ |
.png)