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 Request: The current proposal requests to rezone the approximately 71.48 acres from Preliminary PAD to a PAD Zoning District with an underlying zoning district of I-1 (Light Industrial) with a PAD Overlay over the entire Property. The rezone would change the currently allowed uses on the property from preliminary Regional Retail to industrial with a PAD overlay that would allow certain additional permitted commercial uses including a large retail/convenience store with a convenience use gas station and car wash and the ability to utilize a Comprehensive Sign Package for the development of freeway pylon signs. The use of a PAD Overlay is justified because the current development standards for I-1 (Light Industrial) does not include, as permitted uses, Gas Station Convenience Uses (defined below) with accessory car washes at the scale as is being proposed within this development or other complimentary commercial uses. Additionally, considering the scale and size of potential commercial development along the Interstate-10, the PAD Overlay allows freeway pylon signs to be administered outside of the Use Permit process, within a Comprehensive Sign Package. The PAD Overlay also calls for design enhancements that will provide for an attractive development. The proposed PAD overlay will modify the I-1 (Light Industrial) standards as follows: Development Standards: The Property shall be developed in accordance with the Permitted Uses and Development Standards applicable to the I-1 (Light Industrial) Zoning District in the Goodyear Zoning Ordinance except as modified within the PAD Overlay. The following uses permitted in the C-2 (General Commercial) Zoning District of the Goodyear Zoning Ordinance, are collectively referred to as the (“Permitted Additional Commercial Uses”), shall be permitted uses within The Property. The Permitted Additional Commercial Uses shall be developed in accordance with the Development Standards to C-2 (General Commercial Zoning District in the Goodyear Zoning Ordinance except as otherwise modified by the Conditions and Stipulations set forth herein:
- One (1) retail store or convenience store that exceeds 50,000 square feet in size with a gas station with fueling pumps and canopies (“Large Retail User with Gas Station”) shall be permitted to be developed within The Property and outdoor vending machines, ice machines, vending kiosks, outdoor display of goods, and the like shall be permitted to be stored outdoors adjacent to the retail/convenience store subject to the following:
- The Large Retail User with Gas Station shall be developed in accordance with City of Goodyear Design Guidelines Chapter 4 (Commercial and Mixed Use Development); and,
- The Large Retail User with Gas Station shall comply with the requirements of Article 10-12 of the Goodyear Zoning Ordinance; and,
- In no event shall the Large Retail User with Gas Station be required to provide more than twenty (20) bicycle parking spaces and those spaces may be located up to seven hundred (700) feet from the primary building entrance.
- A car wash shall be a permitted accessory use to the permitted Large Retail User with Gas Station subject to compliance with the sub-sections below:
- Car washes are not permitted as an accessory use for any other permitted use other than as an accessory use to the one (1) permitted Large Retail User with Gas Station; and,
- If a car wash is constructed in a stand-alone building as an accessory use, the car wash shall not be located within 300 feet of Bullard Avenue; and,
- The noise generated from the operation of any car wash constructed whether as a primary or accessory use shall not exceed 74.1dB from the footprint of the car wash facilities. For purposes of this stipulation footprint means the external boundaries of each car wash facility as determined by the Zoning Administrator or designee. Prior to the issuance of a Temporary Certificate of Occupancy that will allow for the operation of the car wash or a permanent Certificate of Occupancy the property owner or operator of the car wash shall submit a noise study/test that demonstrates that the noise generated by the operation of the car wash does not exceed the noise limits set forth herein. The property owner or operator of the car wash shall make all modifications to its equipment and/or to the site as needed to ensure that the noise generated from the operation of the car wash does not exceed 74.1dB as measured from the footprint of the car wash facilities; and,
- All car washes shall be developed in accordance with City of Goodyear Design Guidelines Chapter 4 (Commercial and Mixed-Use Development); and,
- Banks and financial institutions, excluding non-chartered financial institutions; and,
- Bar/cocktail lounge subject to the following conditions or limitations:
- Live music or entertainment shall only be allowed as an accessory use if the facility is located a minimum of three hundred feet (300’) from the property line of any residentially zoned or designated property. The area within the facility designated for music or entertainment activities shall not exceed 5,000 square feet. All noise generated by live music or entertainment activities shall be fully contained within the indoor space occupied by the bar/cocktail lounge; and,
- The area devoted to patron dancing shall not exceed twenty-five percent (25%) of the total floor area; and,
- Business and professional offices; and,
- Drive through windows and outdoor teller facilities for banks and financial institutions; and,
- Entertainment establishments, general, including athletic facilities, bowling alleys, electronic game centers and arcades, ice and roller rinks, miniature golf, performing arts centers, pool halls and theaters; and,
- Fine Arts Studios; and,
- Health Club; and,
- Hospital Supplies; and,
- Hotels and motels; and,
- Large Retail User, subject to compliance with the provisions of Article 4-2-7 of the Goodyear Zoning Ordinance; and,
- Personal and household services, such as barber and hair styling shops, beauty salons, clothing alterations, dry cleaning shops, furniture and appliance repair, copying services, self-service laundry, shoe repair shops (but excluding drive through facilities; and,
- Restaurants, including Drive-Through Restaurants with drive-through lanes located more than five hundred (500) feet from any residential zoning district, but excluding Drive-In Restaurants and all other Drive-Through Restaurants except as set forth herein, subject to the following conditions or limitations:
- Live music and/or other forms of entertainment activities shall only be allowed as an accessory use if all of the following requirements are met. The restaurant is located a minimum of three hundred (300) feet from the property line of any residentially zoned or designated property. The area within the restaurant designed and/or used for live music and/or entertainment activities does not exceed five thousand (5,000) square feet. All noise generated by live music and/or entertainment activities is fully contained within the indoor space of the restaurant; and,
- Patron dancing within the indoor space of a Restaurant shall be allowed as an accessory use provided the area within a Restaurant devoted to patron dancing does not exceed twenty-five (25) percent of the total indoor floor area of the Restaurant; and,
- Drive-Through Restaurants shall meet the requirements of Section 4-2-18 of the Goodyear Zoning Ordinance (Drive-Through Restaurants); and,
- Retail stores with sales only, excluding drive through facilities and convenience uses as defined in Article 4 of the Goodyear Zoning Ordinance; and,
- Brewpub, subject to compliance with the provisions of Article 4-2-15 of the Goodyear Zoning Ordinance; and,
- Microbrewery, producing 15,000 barrels of beer or less per year; and,
- Private business, professional, and trade schools; and,
Additional Development Standards:
- Owner shall develop the Bullard Avenue Corridor Design Treatment Strategies.
- Retention basins, in excess of 50% of the landscaped frontage may be permitted to locate on the eastern 25 feet of the Bullard Avenue landscape setback.
- A minimum thirty-foot (30’) landscape buffer is to be constructed along the northern boundary of the Property.
- A single-user freeway pylon sign may be permitted in lieu of one of the above referenced freeway pylon signs if the single-user is a retail store, convenience store or other commercial development that exceeds 50,000 square feet in size.
- No freeway pylon sign shall exceed 85 feet in height.
- No cross-dock warehousing (i.e. warehouses with dock doors on opposing sides of the building for loading or unloading of stored goods) and no cross-dock transfer facilities (i.e. facilities that provide for the transfer of goods from incoming vehicles from one side of a building to outbound vehicles on the other side of the same building with little or no storage) are permitted on the Property.
- Buildings within the western portion of the Property that will be visible to N. Bullard Avenue shall not have roll-up doors and/or service and wash bay doors facing N. Bullard Avenue and shall be oriented in a manner so that roll-up doors and/or service and wash bay doors do not directly face N. Bullard Avenue unless other existing buildings or planned buildings that will be constructed that will block the roll-up doors and/or service and wash bay doors from being visible from N. Bullard Avenue.
- Except as provided herein, roll-up doors and/or service and wash bay doors on the Property shall be oriented in a manner so that roll-up doors and/or service and wash bay doors do not directly face the Interstate-10 (Papago Freeway) or any public road to be developed along the southern boundary of the Property (the “Southern Roadway”).
- Up to four (4) roll-up doors and/or service and wash bay doors shall be permitted to face Interstate-10 (Papago Freeway) and up to four (4) roll-up doors and/or service and wash bay doors shall be permitted to face the Southern Roadway.
- Additional buildings with roll-up doors and/or service and wash bay doors that face Interstate 10 (Papago Freeway) and the Southern Roadway may be constructed provided there are existing buildings or planned buildings that will be constructed that will block the roll-up doors and/or service and wash bay doors from being visible from the Interstate-10 (Papago Freeway) and the Southern Roadway; and,
- All industrial use truck courts and dock doors located within truck courts visible from Bullard Avenue and/or the Southern Roadway shall be substantially screened from the public right-of-way through either/or a combination of building, walls and berms. If screening is required it shall be a minimum height of 10 foot in height in order to screen truck courts visible from N. Bullard Avenue and the Southern Roadway. Landscaping including berms and trees shall be included at the base of the wall facing the public roadways. This provision does not apply to the Permitted Additional Commercial Uses.
- All industrial use truck courts and dock doors located within truck courts visible from the Interstate-10 (Papago Freeway) shall be substantially screened through either/or a combination of building, walls and berms. If screening is required it shall be a minimum height of 10 foot in height in order to screen truck courts adjacent to Interstate-10 (Papago Freeway). Landscaping including berms and trees shall be included at the base of the wall facing the freeway. This provision does not apply to the Permitted Additional Commercial Uses.
- Buildings should include bold colors and not simply be a gray base color with shades of gray, black and white but rather a neutral desert base color with additional bolder accent colors to add vibrancy unless the Development Services Director or designee has determined that alternative color and design elements are consistent with the requirements set forth in this Ordinance or provide an equal or greater level of quality and functionality as the design elements.
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 subject property is located within the Business & Commerce land use category of the city’s 2025 General Plan. This category is intended to provide areas for the growth and development of Goodyear’s economic base, including large areas for shopping and entertainment that are regionally significant (typically serving a trade area of 5?10 miles or larger). Business & Commerce does also include uses such as business parks, offices, warehouses, regional hospitals, high density residential that supports the area, and other light industrial uses that are also appropriate, in certain areas. This rezoning to I-1 (Light Industrial) with a PAD Overlay proposes certain commercial and light industrial uses that are consistent with the General Plan Business & Commerce land use category. 2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district. The Site is generally flat with no physical or natural features that would hinder the development of the proposed project. 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 – Interstate 10 (Papago Freeway), Centerscape at Palm Valley and Goodyear Retention Basins; South – Vacant Agriculture and Urban Logistics Light Industrial/Business Park; East – Vacant Celebration Plaza Vertical Mixed-Use Development; West – Bullard Avenue, Vacant Agriculture and Campbell’s facility; 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. 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 and user demand for light industrial uses and a large commercial user. 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. Due to the non-residential nature of the land use, the school district should not be impacted from a student enrollment standpoint. Fire Response: Emergency response times and distances are provided below:
Nearest Goodyear Fire Station |
Shortest path |
2nd Nearest Goodyear Fire Station |
Shortest path |
Mins |
Miles |
Mins |
Miles |
Fire Station #181 |
.59 |
.29 |
Fire Station #183 |
5.5 |
2.77 |
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 largely accessed from Bullard Avenue and is anticipated to be accessed from a future (east west) public road on the southern boundary of the property. The future east-west public road will also provide the property with access to 143rd Avenue. The Engineering Department has created stipulations to address traffic requirements applicable to this development. Those stipulations include the requirement for improvements along Bullard Avenue. Water/Wastewater: The subject property is located within the City of Goodyear water and wastewater service area. 7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided. The developer will be responsible for extending service infrastructure needed to support the property and will pay their proportionate share of impact fees for regional growth. 8. General public concerns. Public Participation: An alternative notification process was used for this rezoning. A formal citizen review meeting was not held, but notice providing information on the rezone was mailed to 16 owners of property within 500 feet of the subject property and other stakeholders on September 21, 2023. 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 January 17, 2024 appeared in the Arizona Republic Southwest Valley Edition December 29, 2023; postcards were mailed to adjoining owners on December 20, 2023; and a sign was posted on the site on December 28, 2023. 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 rezone one of the final pieces of largely agricultural land surrounding the City of Hope medical facility from an agricultural site into a light industrial with certain commercial development that creates jobs and attracts regional visitors. The site is proximate to the junction of Interstate-10 (Papago Freeway) and Bullard Avenue along a major transportation corridor between Phoenix and Los Angeles. |