AGENDA ITEM # DATE: December 13, 2010 COAC NUMBER: _10-4549 CITY OF GOODYEAR CITY COUNCIL ACTION FORM SUBJECT: Ordinance to amend the Estrella Commons Preliminary Planned Area Development (PAD) to allow for a time extension. STAFF PRESENTER: Katie Wilken, Planner II APPLICANT: Kelly Hayes, Evergreen Devco CASE NUMBER: 10-200-00005 RECOMMENDATION: City Council approve Ordinance 10-1229 amending the Estrella Commons Preliminary Planned Area Development (PAD) to allow a two-year time extension of the Final PAD filing deadline to October 23, 2012 for the 30-acre subject site, generally located at the southeast corner of Interstate 10 and Estrella Parkway; adopting supplementary zoning map No. 10-005 to provide for the PAD zoning amendment; providing separability; and providing for an effective date. EXECUTIVE SUMMARY: The Estrella Commons PAD was approved by Council on October 23, 2006. A majority of the PAD area was zoned Final PAD but portions of the PAD that were designated as the District were zoned Preliminary PAD. In accordance with the Zoning Ordinance, a Final PAD must be submitted two-years after approval of the Preliminary PAD. Council approved an extension of the Final PAD submittal deadline on August 25, 2008. The applicant is requesting an amendment to the Estrella Commons PAD to allow for another two-year time extension on the filling deadline for the Final PAD. The Planning and Zoning Commission recommended approval at its November 17, 2010 meeting. COMMUNITY BENEFIT: The commercial land uses will provide for increase in employment opportunities as well as an increase in retail and construction sales tax revenues. CURRENT POLICY: Section 3-5-3 (Planned Area Development District) of the Zoning Ordinance prescribes that, within two years of approval for a Preliminary Planned Area Development, the applicant shall submit the Final Planned Area Development plan to the Planning Commission and City Council for review and approval, unless an extension of time is granted by City Council.
HISTORICAL INFORMATION: On October 23, 2006, City Council adopted Ordinance 06-1033 approving the 150-acre Estrella Commons PAD. The Estrella Commons PAD is a planned mixed-use development to include a range of residential densities, commercial, and office uses. On August 28, 2007, City Council adopted Ordinance 07-1083 approving an amendment for the Estrella Commons by adding 1.5 acres to the PAD. On August 25, 2008, City council approved a two-year time extension of the Final PAD filing date. DISCUSSION: Evergreen Devco, Inc. has submitted a written request asking that the City extend the filing deadline for a period of two years to submit for a Final PAD plan for the Preliminary Planned Area Development portion of Estrella Commons. The Preliminary PAD portion of Estrella Commons was approved by the City Council on October 23, 2006. The Preliminary PAD portion is known as the District and allows for a mix of office, retail and high-density residential uses. Section 3-5-3 of the Zoning Ordinance prescribed that the final development plan shall be submitted within two years of the Preliminary PAD zoning approval (October 23, 2008). An amendment to the filing deadline was approved on August 25, 2008 extending the deadline to October 23, 2010. As noted in the attached letter, as a result of current market conditions Evergreen Devco has delayed their pursuit of the Final PAD zoning until they have a better definition of the final commercial users for their site. Although the site is actively being marketed, Evergreen Devco will not be able to meet the two-year filing deadline prescribed in Section 3-5-3 of the Zoning Ordinance. Evergreen Devco is requesting a two-year extension of the time to October 23, 2012 within which to submit the Final PAD plans. Staff recommends approval of the request for a two-year time extension. DEPARTMENTAL/FUNCTIONAL IMPACTS: Phoenix-Goodyear Airport: The commercial use of the property will not negatively impact the operations at the Phoenix- Goodyear Airport. The property is outside the traffic pattern airspace of the Phoenix Goodyear Airport. The development should have no impact on airport operations. Luke Air Force Base: The commercial use of the property will not negatively impact the operations at Luke Air Force Base. Fire Response: The subject property will be served by Fire Station No. 184 located at 16161 West Yuma Road, which is approximately 2 miles southwest of the property, or Fire Station No. 185 at PebbleCreek Parkway and Clubhouse Drive which is also approximately 2 miles north of the property. Electric Impact: Electric service will be provided by APS. Page 2 of 7
Schools Impact: Estrella Commons is located within the Avondale Elementary School District and the Agua Fria Union High School District. Solid Waste Impact: Residential solid waste collection will be provided at curbside by the City of Goodyear in accordance with standard solid waste collection policy. Non-residential solid waste collection will be provided by a private contractor. Stormwater Impact: The developer will be required to retain all stormwater drainage generated by this development on the site. Off-site flows that currently pass through the site will need to be accommodated. Streets/Transportation/Access Impact: Access to Estrella Commons will be provided by the adjacent roadways of Estrella Parkway and Van Buren Street. Internal circulation will be provided by a system of collector and local roadways. A signal is currently being constructed at the intersection of Estrella Parkway and Fillmore Street. Water/Wastewater Impact: The City of Goodyear will provide water and wastewater service to Estrella Commons. CITIZEN PARTICIPATION: Citizen Review Meeting: In accordance with the City s Citizen Review Process, an alternative notification process was used for this request. A formal citizen review meeting was not involved, but notice providing information on the request was mailed to surrounding property owners within 500 feet of the subject property. Planning and Zoning Commission Meeting: Notice of the November 17, 2010, Planning and Zoning Commission meeting for this request was published in the Arizona Republic on October 29, 2010. A notice was mailed to all surrounding property owners within 500 feet of the subject property, and a sign was posted on the property. The Planning and Zoning Commission recommended approval by a unanimous (6-0) vote. FISCAL IMPACT: Development of the site as proposed in this PAD amendment request will result in the City of Goodyear receiving retail and construction sales tax revenues. ATTACHMENTS: 1. Ordinance 10-1229, including Exhibit A (supplementary zoning map) and Exhibit B (legal description) 2. Aerial Vicinity Map Page 3 of 7
3. Estrella Commons Land Use Map 4. Letter of Request from Evergreen Devco 5. Minutes of the November 17, 2010 Planning and Zoning Commission Meeting Page 4 of 7
ORDINANCE 10-1229 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA COUNTY, ARIZONA, PROVIDING FOR AN AMENDMENT TO THE ESTRELLA COMMONS PRELIMINARY PLANNED AREA DEVELOPMENT (PAD) TO ALLOW A TWO-YEAR TIME EXTENSION OF THE FINAL PAD FILING DEADLINE TO OCTOBER 23, 2012 FOR THE 30-ACRE SUBJECT SITE, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 10 AND ESTRELLA PARKWAY; ADOPTING SUPPLEMENTARY ZONING MAP NO. 10-005 TO PROVIDE FOR THE PAD ZONING AMENDMENT; PROVIDING SEPARABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Goodyear Planning and Zoning Commission held a public hearing on Case No. 10-200-00005 on November 17, 2010, in the manner prescribed by law, for the purpose of considering an amendment to the Estrella Commons Preliminary Planned Area Development (PAD) zoning generally located at the southeast corner of Interstate 10 and Estrella Parkway, allowing a two-year time extension of the Final PAD filing deadline to October 23, 2012 for the 30-acre subject site; and, WHEREAS, due and proper notice of such public hearing before the City of Goodyear Planning and Zoning Commission was given in the time, form, substance and manner provided by law, including publication of such notice in THE ARIZONA REPUBLIC on October 29, 2010; and, WHEREAS, the City of Goodyear Planning and Zoning Commission has recommended to the Mayor and Council of the City of Goodyear, Arizona, that it conditionally approve the zoning amendment as aforesaid; and, WHEREAS, the Mayor and Council of the City of Goodyear, Arizona, desire to accept the recommendation of the Planning and Zoning Commission and amend the Estrella Commons Preliminary Planned Area Development (PAD) zoning, generally located at the southeast corner of Interstate 10 and Estrella Parkway. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Goodyear, Arizona that: SECTION I. Rezoning. The Final PAD filing deadline for the Preliminary PAD zoning district on the 30-acre parcel of land, as shown on Supplementary Zoning Map No. 10-005 in Exhibit A and legally described in Exhibit B attached hereto attached hereto, is hereby conditionally extended to October 23, 2012. SECTION II. Conditions. The PAD zoning amendment for the 30-acre Estrella Commons Preliminary PAD herein provided for is subject to the following conditions: 1. Compliance with all Council stipulations of approval for the Estrella Commons Planned Area Development as contained in Ordinance No. 06-1033; Ordinance 07-1083; and Ordinance 10-1220 except as modified by these stipulations; Page 5 of 7
2. All development within the property shall be in compliance with the development concepts and standards as contained in the Estrella Commons Planned Area Development - Amended dated March 17, 2010; and, 3. The deadline for submitting the Final PAD for the portions of the Estrella Commons PAD that are currently zoned Preliminary PAD shall be October 23, 2012. SECTION III. Amendment of Zoning Map. The Zoning Map of the City of Goodyear is herewith conditionally amended to reflect the PAD zoning amendment referred to in Section I and the adoption of Supplementary Zoning Map No. 10-005, a copy of which is attached and which shall be filed with the City in the same manner as the Zoning Map of the City of Goodyear. SECTION IV. Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION V. Effective Date. This ordinance shall become effective at the time and in the manner prescribed by law. PASSED AND ADOPTED by the Mayor and Council of the City of Goodyear, Arizona, this day of, 2010. Joe Pizzillo, Vice Mayor Date ATTEST: Lynn Mulhall, City Clerk APPROVED AS TO FORM: Roric Massey, City Attorney Page 6 of 7
CERTIFICATION OF RECORDING OFFICER STATE OF ARIZONA ) ) ss. County of Maricopa ) I, the undersigned Lynn Mulhall, being the duly appointed, qualified City Clerk of the City of Goodyear, Arizona, certify that the foregoing Ordinance 10-1229, passed and adopted at a City Council Meeting of the Council of the City of Goodyear, Maricopa County, Arizona held on the day of, 2010, at which a quorum was present and, by a vote, voted in favor of said ordinance. Given under my hand and seal, this day of, 2010. City Clerk Page 7 of 7