ITEM #: 11. DATE: 02/06/2023 AI #:1274 |
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CITY COUNCIL ACTION REPORT
SUBJECT: |
EXTENSION OF REZONING APPROVAL FOR THE INNOVATION CENTRE PLANNED AREA DEVELOPMENT |
STAFF PRESENTER(S): |
Steve Careccia, Planning Manager |
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OTHER PRESENTER(S): |
Wendy Riddell, Berry Riddell LLC |
SUMMARY |
The Innovation Centre Planned Area Development (PAD), located at the southwest corner of the Loop 303 and I-10 Interstates, was approved contingent upon the start of vertical construction within two years of the effective date of the adopting ordinance. With the two-year period having ended on January 14, 2023, and with no vertical construction occurring within the PAD, an extension of the approval is being requested by the applicant. |
Recommendation |
Approve the request for an extension of the Innovation Centre PAD zoning approval for a period of two years. (Steve Careccia, Planning Manager; Wendy Riddell, Berry Riddell LLC) |
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 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. |
BACKGROUND AND PREVIOUS ACTIONS |
The Innovation Centre PAD (19-210-00011) was approved by the City Council on December 14, 2020 with the adoption of Ordinance No. 2020-1472. The PAD consists of approximately 224 acres intended for Commerce Park, Commercial/Retail and Entertainment, and Office/Employment land uses. A special use permit for land reclamation, to establish the framework for the safe reclaiming and filling of the borrow pit on the property, was approved by the City Council on December 13, 2021. A master site plan (21-600-00042) for a portion of the Innovation Centre PAD was approved on March 4, 2022. A subsequent master site plan for the property, to allow additional flexibility within the PAD, was approved on May 25, 2022. |
STAFF ANALYSIS |
The Innovation Centre PAD was approved contingent upon the start of vertical construction within two years of the effective date of the approving ordinance (January 14, 2023). Specifically, Stipulation No. 37 of Ordinance No. 2020-1472 established the following:
37. This rezoning is contingent upon vertical construction, in conformance with this Ordinance, the Innovation Centre PAD, and the stipulations contained herein commencing within two years of the effective date this Ordinance or a demonstration that substantial work and expenses have been incurred in the pursuit and execution of the Property pursuant to the SUP discussed above within two years of the effective date this Ordinance. The failure to commence vertical construction within two years of the effective date of this Ordinance shall be cause for the City Council to rescind the zoning, unless an extension of time is granted by the City Council. The commencement of vertical construction shall be defined as the active construction of a permanent commercial or light industrial building foundation in conformance with an approved building permit issued by the City of Goodyear.
As vertical construction has not commenced within the PAD in accordance with the above stipulation, the applicant is requesting an extension of approval. In the request, the applicant provides an explanation for the lack of construction activity, including issues with the COVID-19 pandemic, city review times and other governmental coordination. The narrative also states changing market conditions have limited prospects for future development. As such, to provide adequate time to ensure construction, the applicant is proposing an indefinite extension of zoning approval. For the reasons set forth in City Council Action Report 2020-6986, a copy of which is attached hereto, staff recommended denial of the rezoning request when this case was presented to the Planning Commission and then to the City Council. The Planning Commission also recommended denial of the proposed rezoning. The applicant made its case that market conditions did not support the types of uses staff believed were consistent with the General Plan, and they could immediately develop the Property with the proposed uses. Ultimately, on December 14, 2020, City Council approved the rezoning with the aforementioned stipulation. A complete submittal for a master site plan for the portion of the Property zoned for industrial development (10 Goodyear Master Site Plan) was received on August 24, 2021, and assigned for review. Staff spent a total of 84 business days reviewing the initial submittal, and the 10 Goodyear Master Site Plan was approved on March 4, 2022. To provide the owner flexibility in the development of the site, staff agreed to process an alternative site plan as well. A complete submittal for an alternative master plan (10 Goodyear MSP Alternative) was received on December 16, 2021, and the 10 Goodyear MSP Alternative was approved on May 25, 2022. On May 18, 2022, construction plans for the development of the property within the 10 Goodyear Master Site Plan, including required off-site infrastructure improvements were submitted to the city. First review comments were sent to the applicant on July 8, 2022. The applicant recently submitted revised construction plans addressing the first review comments on January 6, 2022. (Had they not submitted revised construction plans January 8, 2022, the applicant would have been advised by staff that the submittal was being terminated for non-activity and the applicant would have had to reinitiate the process.) Although the applicant requested an indefinite extension, staff is supporting a two-year extension, which addresses the delays caused by the pandemic and the purported delays in review times. However, if the City Council directs staff to rescind the zoning, then an item will need to be brought before the Council, through the public hearing process, to formally revert the Innovation Centre property’s zoning to its previous zoning classification. |
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