Discussion of the Rezoning Under the proposed Celebration Plaza PAD, the zoning classifications under the existing zoning would be modified as follows:
Areas Identified in Exhibit 1 (Underlying Zoning District in Celebration Plaza PAD |
Current Classifications |
Classifications Under Celebration Plaza Pad |
C (15.46 acres net) |
Business Park |
Commercial Office |
D (9.87 acres net) |
Business Park |
Commercial Office1 |
B (13.67 acres net) |
Mixed-Use Commercial (C-2) |
Multi-Family 24 (30 du/ac) |
A (16.6 acres net) |
Mixed-Use Commercial (C-2) |
Multi-Family 12 (15 du/a) |
E (11.03 acres net) |
Mixed-Use Commercial (C-2) |
General Commercial |
1 The applicant has proposed that this area be allowed to be developed as either Commercial Office or Multi-Family 24 (the Hybrid zoning district) subject to the caveat that for a twenty-four month period after the zoning, the area could only be developed as Commercial Office The portion of the Property to be developed as multi-family residential is intended to provide for high densities and to that end the proposed Celebration Plaza PAD includes modifications to the development standards that would otherwise apply to the MF-12 (Multi-Family) and MF-24 (Multi-Family) developments. These modifications include, among others:
- an increase in the density allowed in the portions of the Property to be developed as MF-12 (Multi-Family) from 12 du/ac to 15 du/ac;
- an increase in the density allowed in the portions of the Property to be developed as MF-24 (Multi-Family) from 24 du/ac to 30 du/ac;
- a minimum overall density for all multi-family residential development within the Property of 18 du/ac;
- a requirement that all residential structures within the portion of the Property to be developed as MF-12 (Multi-Family) shall be at least two-stories.
- increase in the maximum height allowed for structures within the portion of the Property to be developed as MF-12 (Multi-Family from 25 feet to 30 feet
- increase in the maximum height allowed for structures within the portion of the Property to be developed as MF-24 Multi-Family from 40 feet to 56 feet.
(A more comprehensive itemization of modifications to the standards that apply to MF-12 Multi-Family and MF-24 Multi-Family developments is set forth below.) The proposed rezoning will permit the development of a commercial center along Litchfield Road, but the Celebration Plaza PAD prohibits various uses that would otherwise be allowed in the C-2 (General Commercial) zoning district. It also allows for the development of uses permitted under the C-O (Commercial Office) zoning district. This item was previously heard by the Planning and Zoning Commission on January 11, 2023. At that hearing, the Commission voted (6-0) to forward a recommendation of approval to the City Council. During the January 23, 2023 public hearing, and as discussed in more detail below, concerns were expressed regarding the proposed residential zoning classifications and design elements. Council voted 7-0 to table this item. STAFF ANALYSIS: Current Policy: A rezoning request requires public review by the Planning and Zoning Commission and approval from the City Council. The proposed amendment must be in conformance with the General Plan and should not adversely impact the surrounding area as outlined in the Zoning Ordinance. Details of the Request: The request is to rezone the subject property from Preliminary PAD and PAD to PAD. The new PAD will be known as the Celebration Plaza. The PAD originally heard by the Planning and Zoning Commission was dated January 9, 2023. A revised PAD, resulting from the January 23 Council meeting, is dated February 7, 2023. Although the minor differences between the Celebration Plaza PAD presented in January and the Celebration Plaza PAD presented herein are discussed below, copies of both documents are also attached. The PAD will include the following zoning districts: approximately 11 acres of General Commercial (C-2); approximately 15.5 acres of Commercial Office (C-O); approximately 13.7 acres of Multi-Family (MF-24); approximately 9.9 acres of MF-24/C-O hybrid; and, approximately 16.6 acres of Multi-family (MF-12) with a PAD Overlay to modify the development standards as outlined below: C-O District Modifications:
- Increase maximum building height from 30 feet to 56 feet
This modification will allow for taller office buildings, providing for consistency between the existing 54-foot tall City of Hope building and future general commercial buildings along the I-10.
MF-24 District Modifications:
- Increase maximum density from 24 dwelling units per acre to 30 dwelling units per acre.
The increase in density will provide an overall increase of residential density within the subject property in order to meet the requirements of the General Plan.
- Increase maximum building height from 40 feet to 56 feet.
The increase in maximum height will enable the similar height and scale of buildings along the I-10.
MF-12 District Modifications:
- Update density from a maximum of 12 dwelling units per acre to 15 dwelling units per acre and impose a minimum density of 10 dwelling units per acre
- Reduce the minimum lot with from 200 feet to 22 feet to allow for subdivided lots.
- Increase the maximum height from 25 feet to 30 feet.
- Require a minimum of two stories for all units.
- Increase maximum building coverage from 50% to 75%.
- Reduce the rear setback (north side) from 30 feet to 20 feet.
- Reduce the side setbacks (east and west sides) from 20 feet to 10 feet.
- Includes interior building setbacks, applicable to subdivided lots only. These standards are not currently contemplated in the MF-12 district.
Collectively, these requested modifications provide for a more urban environment within this large development. The applicant has agreed to a minimum of two stories so that the typical single-story, multi-family development type does not occur. There are built-in development standards to allow for these units to be subdivided, which provides the opportunity for individual ownership of the units.
MF-24/C-O Hybrid:
- City staff had initially worked with the property owner to establish a hybrid zoning area that could be developed as either MF-24 (Multi-Family) or C-O (Commercial Office). The original proposal heard by the Commission included a stipulation that for the 18 months following City Council adoption of Ordinance 2023-1562, the hybrid zoning area identified in the PAD Overlay would be developed as C-O (Commercial Office). If the Hybrid Zoning area was not developed within 18 months of adoption of the Ordinance, then it could be developed as either MF-24 Multi-Family Residential or CO Commercial Office.
At the January 23, 2023, City Council hearing, the Council discussed the length of the hybrid period, with some discussion that the 18 months was too short of a period to secure a medical office user for the hybrid zoning area. Given this concern, the applicant is willing to increase the period to 24 months. However, as noted in the draft ordinance, attached hereto, staff is recommending that the hybrid parcel be solely rezoned to C-O (Commercial Office).
The PAD Overlay also prohibits specific uses within the C-2 district and restricts that no more than one drive-through restaurant and one gas station are allowed with the approval of a use permit. The list of prohibited uses, specified in the PAD Overlay, are intended to ensure the commercial development includes a mix of retail, office, and hotel, similar to what was originally approved in the Goodyear Palms Plaza PAD. Finally, the PAD Overlay requires a public trail system and centralized 1.5-acre public park as well as an architectural character guide providing for a cohesive and connected development. All other development standards not included in the PAD Overlay, will be regulated in accordance with the standards of the City of Goodyear Zoning Ordinance, Design Guidelines, Subdivision Regulations and other regulatory documents. Although a conceptual site plan has been provided for review, no development plans will be approved with the rezone application. Public Trails and Private Trails of the level and intensity reflected in the Pedestrian Circulation & Open Space Plan, attached as Exhibit 3 of Celebration Plaza PAD, are required to be constructed within the Property as it develops. Evaluation Criteria: 1. Consistency with the General Plan. As mentioned in the Backgrounds and Previous Actions section, the General Plan designates this area as Business & Commerce. Business & Commerce provides for areas for growth and development of Goodyear’s economic base including, but not limited to, community level retail, service-oriented businesses, business parks, offices, regional hospitals, and high density residential that supports the area. General Plan Standard 36: Commercial and office uses are appropriate throughout the Business & Commerce category; General Plan Standard 39: Businesses with high employment density are encouraged to locate adjacent to high capacity roadway corridors and transit corridors to leverage high visibility and vehicular/pedestrian access. Depending upon Council’s decision regarding the underlying zoning classification for Area D Identified in Exhibit 1 (Underlying Zoning Districts) in Celebration Plaza PAD as the Hybrid Zoning District that could be developed as either MF-24 or Commercial Office, the rezone includes approximately 11 acres of either approximately 30 or 40 acres of Multi-Family and either approximately 15 or 25 acres of Commercial Office. The property is located directly south of I-10 and between Litchfield Road and Bullard Avenue, both highly trafficked arterial streets. General Plan Standard 41: High density residential development is permitted in the Business & Commerce district category when located adjacent to a community or regional park, open space area, single family residential, commercial area or used as a buffer between the Neighborhoods category and Business & Commerce category. Circulation and access to necessary amenities such as schools and grocery stores, and compatibility with surrounding existing and planned uses shall be taken into account when considering this type of use in the Business & Commerce category. The rezone as originally presented during the January 23, 2023 public hearing proposed approximately 40 acres of multi-family, which includes both MF-12 and MF-24 zoning districts. Following the hearing on January 23, 2023, changes were made to the PAD and the rezoning ordinance. Under the rezoning ordinance being presented, 10 of those 40 acres would be developed as Commercial. The proposed modifications to the development standards enable the MF-24 area to be developed with a maximum density of 30 dwelling units per acre and the MF-12 area to range between 10-15 dwelling units per acre. The PAD Overlay also requires that the minimum combined net density for both districts shall be 18 dwelling units per acre. This ensures that the intent of the General Plan’s density standards are being met. Additionally, the PAD Overlay incorporates a 1.5-acre park and trail system, available to the public, adjacent to the multi-family and connecting all uses within the subject property. The multi-family included with this rezone will support the proposed office and retail uses as well as the existing retail uses along Litchfield Road. 2. Suitability of the subject property’s physical and natural features for the uses permitted under the proposed zoning district. The Property is currently used for farming activities. The property’s physical and natural features are suitable for the proposed commercial and residential uses as the property will be required to be graded and developed in accordance with all applicable engineering design guidelines and standards. 3. Compatibility of all potential uses allowed in the proposed zoning district with surrounding uses and zoning. Uses and development surrounding the subject property include: North – I-10 freeway East – Palm Valley AutoPlex (including Yates, Amazon, Rudy’s BBQ, Starbucks) South – City of Hope facility (fka Cancer Treatment Center of America); TownePlace Suites by Marriott; Goodyear Village Center West – City of Hope; vacant land currently designated as Preliminary Planned Area Development (proposed for light industrial) The mix of commercial and high-density residential uses will support the surrounding businesses and provide for additional employment opportunities within the community. 4. Proposed zoning district’s consistency with other land uses within the immediate area and whether the uses allowed under proposed zoning district would be better suited to the subject property than the uses allowed under current zoning. Luke Air Force Base: The subject property is located within the vicinity of a military airport. Notice was provided to Luke AFB, and they have indicated that given the location of the subject property, base operations will not be adversely impacted by the proposed uses within this rezone request. Stipulations have been included to require proper disclosures for future owners/tenants. Phoenix-Goodyear Airport: The subject property is located within the Phoenix-Goodyear Traffic Pattern Airspace. Notice was provided to Phoenix-Goodyear Airport, and they have indicated that the site is within the airport’s traffic pattern airspace. However, they do not have any concerns and stipulations have been included to require proper disclosures for future owners/tenants. 5. Demand for the types of uses permitted in the proposed zoning district in relation to amount of land currently zoned and available to accommodate the demand. As discussed in the Backgrounds & Previous Actions section above, there are substantial changes in the uses that could be developed on the subject property. The existing zoning does not allow for any residential development. Under the proposed development, depending upon whether the area that is identified in the Celebration Plaza PAD is developed as Commercial or Residential, either approximately 46% or 62% of the property subject to the rezoning would be developed as high density residential with reduced development standards. The property owner has represented that there is a need for multi-family residential development in this area and the proposed multi-family residential development would provide a mix of housing options with walkable employment opportunities, amenities, and retail options. 6. Demands for public services that will be generated by the uses permitted in the proposed zoning district. Below is a summary of impact to public services. 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 |
#181 |
2.75 |
0.87 |
2.75 |
0.87 |
#183 |
5.12 |
2.06 |
5.12 |
2.06 |
Police Response: The Property is located within an existing Police patrol beat and the current level of service within the beat can accommodate the development of the property. School Districts: The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. The application was sent to the school districts for comment and no objection was received. Streets/Transportation: At this time, the development would be accessible from Litchfield Road via the signalized intersections at Test Drive and Celebrate Life Way. Along Celebrate Life Way, 143rd Avenue would provide access to all uses within the subject property. At the time of preliminary plat/site plan reviews, further traffic impact studies will be required and the necessary connections to public streets will be reviewed for compliance with City engineering and public safety standards, including additional pavement for a bike lane along Litchfield Road. Water/Wastewater: The subject property is located within the City of Goodyear water and wastewater service area. Solid Waste/Recycling: Solid waste and recycling services for the property will be contracted through a private commercial provider. 7. Potential adverse fiscal impacts that will result from providing services to areas not in proximity to where existing public services are provided; The subject property is in proximity to where existing public services are provided. 8. General Public’s Concerns. Public Participation: Pursuant to the Citizen Review process, a neighborhood meeting was held on October 18, 2022. The applicant was prepared with a presentation for any and all attendees and staff and the applicant were available for questions. Four people from the public attended this meeting. Three people were employees of the adjacent hotel and were interested in the proposed development. One resident also attended to hear about the proposal and did not state any objections. To date, staff has not received any objection to the proposed rezone. Notice for the January public hearings before the Planning and Zoning Commission and City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on December 23, 2022; and a notice of public hearings sign posted on the property. The Planning and Zoning Commission heard this item on January 11, 2023. At that hearing, the Commission was supportive of the request and voted (6-0) to forward a recommendation of approval to the City Council. The City Council heard this item at a public hearing held on January 23, 2023. During the January 23, 2023, hearing, some Councilmembers expressed concerns with the proposal, including: the large amount of multi-family zoning proposed along the freeway; whether the hybrid term of 18 months was adequate to secure a desired medical office user on the site; potential effects the development could have on the City of Hope facility; and, the need for additional design enhancements for the multi-family buildings. Given these concerns, the Council voted to table the item. After Council tabled its consideration of the rezoning request, the property owner amended the Celebration Plaza PAD as follows:
- A color palette with additional colors was incorporated into the PAD and language was included discouraging the use of other colors. Specifically, gray and whites will be only permitted as accents, with the use of more vibrant colors required for the predominance of the buildings.
- The MF-12 zoning designation allows for the subdividing of attached units into individual lots. The Celebration Plaza PAD includes separate development standards in the event of subdivision. The lot coverage for subdivided attached residences has been increased from 75% to 85%, as requested by staff, given attached buildings generally need a greater lot coverage.
- The period during which the portion of the property identified as the “Hybrid” zoning district could be developed only as C-O (Commercial Office) was increased from 18 months to 24 months.
Although this change has not been incorporated into the Celebration Plaza PAD and is not supported by the Owner, staff is recommending that Area D Identified in Exhibit 1 (Underlying Zoning Districts) in Celebration Plaza PAD as the Hybrid Zoning District be developed solely as Commercial Office. A stipulation has been added to Ordinance 2023-1562 to make this adjustment. This modification is based on concerns expressed by Council of the development of this area as MF-24 and the desire of city staff to see this area developed as a medical office complex. Although the owner is willing to delay the development of this area as MF-24 for twenty-four months, so city staff could pursue developers that might be willing to develop this area as a medical complex, there is nothing that would require the property owner to sell the property to the developer for such use. If Council supports the development of Area D Identified in Exhibit 1 (Underlying Zoning Districts) in Celebration Plaza PAD as the Hybrid Zoning District be developed either as Commercial Office or MF-24, Council can move to amend the Ordinance 2023-1562 to delete the stipulation. In that case, the property could be developed as either Commercial or Office or MF-24 subject to the 24-month period during which the property could only be developed as Commercial Office. Because of the changes, this rezoning is being brought back to Planning and Zoning Commission for consideration. Notice for the March public hearings before the Planning and Zoning Commission and City Council included a postcard mailed to the owners of property within 500 feet of the subject property; a legal notice and display ad published in the Arizona Republic on February 17, 2023; and a notice of public hearings sign posted on the property. To date, staff has not received any public inquiries on the request. It should be noted that the President of City of Hope Phoenix has issued a letter of support for the proposed rezoning, dated February 7, 2023, attached hereto. 9. Whether the amendment promotes orderly growth and development; The subject property is an infill site and located adjacent to existing infrastructure and developed areas. The amendment will allow development of the subject property and promotes the orderly growth and development of the City. 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 development will be required to adhere to all applicable building, and engineering standards of the City of Goodyear. Adherence to these standards will be evaluated during the preliminary plat/site plan, civil engineering, and building plan review processes. Staff Findings: Staff finds that the proposed rezone and requested PAD Overlay as amended by the stipulations/conditions of approval in Ordinance 2023-1562 are consistent with the subject property’s Business & Commerce land use designation in the Goodyear 2025 General Plan and will be compatible with the surrounding area, as stipulated. |