Goodyear Approves Fulton Homes Density Shift; Tech Groups Challenge BESS and Data Center Standards in Historic Zoning Rewrite

[music] Mhm. [music] Woo! [music] Welcome to the Goodyear Planning and Zoning Commission meeting. We're excited to have you be a part of this important public process. Tonight, you will have the opportunity to address the commission on both non-agenda and agenda items. The agendas and speaker request cards are located in the back of the council chambers. You must fill out a speaker request card in order to address the commission. Please hand in your completed card to a city staff member.

[music] You may check the I do not wish to speak option on the card. This allows you to still voice your opinion on an item on the record without having to speak. In accordance with the Americans with Disabilities Act, please contact a staff member if you need any assistance. Public comment on a non-agenda item will take place during the citizen comment portion of the evening. These are items that don't appear on tonight's formal agenda.

The commission secretary will call your name when it's time for you to speak. At that time, please approach the podium and tell us your name for the record. You'll have a maximum of 3 minutes. The timer is on the screens visible from the podium. Note that you may also choose not to speak if other speakers before you have said what you wanted to say. [music] Shouting, cheering, and loud noises will not be tolerated and violators may be removed for disrupting the meeting.

Goodyear Planning and Zoning Commission meetings stream live on YouTube and online at goodyearaz.gov. Follow the city social media pages so you don't miss out on all that's happening in Goodyear. Thank you for coming to this meeting and being an active part of your city. And remember, it's a great time to be in Goodyear. [music] Good evening. The Planning and Zoning Commission meeting for June the 10th will be called to order. Will you please join me in the pledge of allegiance?

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Will you please uh secretary, will you please read the roll? Commissioner McLendon is present. Commissioner Roberts is present. Vice Chair Hegedus is absent. Chairman Clymer is present. Commissioner Booth is present. Commissioner Wang is present. Commissioner Lee is present. We have a quorum.

At this time, a vote shall be taken to excuse members unable to attend due to extenuating circumstances. Is there a motion and second to excuse Vice Chair Hegedus from the meeting? I have a motion from Commissioner Booth and a second from Commissioner Roberts. Please enter your vote. How would you like to vote? Really? [clears throat] I. Thank you. Okay, motion passes. Okay. Number item number one is to approve the consent agenda.

Will the secretary please read the items on the consent agenda by title only? Okay. Approval of minutes. Is there a motion and a second to approve the consent agenda? A motion from Commissioner Roberts and a second from Commissioner McClendon. Please enter your vote. Commissioner How do you vote? Thank you. Thank you. Okay, motion passes. Okay, now is the time for citizens who like to address the Planning and Zoning Commission on any non-agenda items. Are there any speaker cards?

Does anyone wish to speak on a non-agenda item? Okay, thank you. Okay, now this is the opportunity for any commission members who want to disclose any ex parte communications they may have had prior to this meeting on any item scheduled for discussion on the this agenda. Ex parte communication is any outside communication commissioners may have had regarding tonight's agenda. Anyone? No. Okay, thank you. Okay, there is one public hearing on the agenda item.

As a reminder, the Planning and Zoning Commission is a recommendation vote for board and for the council. The commission will vote on each item and forward the recommendation to council. Council makes the final decisions on all items. Agenda item number two is the Fulton Homes at Ballpark Village PAD rezone. I'm going to open the public hearing. Senior Planner Justin Gabrielson will present. Good evening. Good evening, Chairman Clymer and members of the Planning and Zoning Commission.

My name is Justin Gabrielson. I'm a senior planner here with the city of Goodyear. I'm here this evening with a request from Chris Webb to amend the previously approved PAD known as Fulton Homes at Ballpark Village first amended. The site is located at the southeast corner of West Yuma Road and South Estrella Parkway. It is currently zoned PAD under the Fulton Homes at Ballpark Village PA first amended PAD. It encompasses 156 acres and contains a variety of underlying residential districts.

It's located right in the middle of our Ballpark Village area with Ballpark Village North and Sentara to the north, uh Phoenix Goodyear Airport to the east, Revolve at Ballpark Village and the Verge at Ballpark Village to the south, Velux at Ballpark Village to the west, and the ballpark itself right here in the corner. Currently, the PAD in includes four residential districts um with alley-loaded homes as well as the forward-facing garage homes.

The proposed amendment removes the alley-loaded district from the PAD. It amends lot It amends lot dimensions of a existing district. It makes changes to the amenity [clears throat] Sorry. It makes changes to the amenity framework within the site as well as introducing a new district to the PAD as well. This is the current approved plan compared to what is proposed with the amendment. We're going from three large amenity parks to six parks of varying sizes.

And um the new proposed layout still maintains the previously required pedestrian access to the Bullard Wash Park, West Yuma Road, Estrella Parkway, and to the ballpark area directly. And it also decreases the maximum distance that a resident would need to travel to go to the park that's closest to them. We held a neighborhood meeting on April 7th, 2026. No residents showed up to the neighborhood meeting and I have received zero inquiries about the project.

Staff is requesting that you recommend approval with stipulations for the PAD amendment to amend the Fulton Homes at Ballpark Village first amended PAD. That concludes my presentation. I'm here for any questions as well as the applicant is here for any questions. So, the number of lots were going to be reduced, but they're going to be increased in size? Correct. And no alleys. I can't I course I the only alleyway neighborhood I know of around me is driving over to Verado.

Uh so, I've not been around too many around here, so. Um okay. All right. So, larger lots, maybe bigger homes. Uh yeah, one of the reasons why they wanted to amend the lot I'm sorry. Um that's correct Commissioner uh Chairman Clymer. One of the reasons why they wanted to amend the lot dimensions was to include additional options for an additional bedroom on some of the unit types um and provide more variety in their product types. Okay. Anyone else want to questions for staff?

Does the applicant wish to make a statement? Good evening, Mr. Chairman, members of the commission. Uh my name is Chris Webb with Rose Law Group here tonight on behalf of Fulton Homes. Um with me tonight is Norm Nichols who is the president of Fulton Homes. Um appreciate uh Justin's presentation. I don't have a formal presentation on my own. Um just wanted to quickly say a couple of things.

Um we think that um the proposed changes to the PAD truly represent an improvement an improvement to the project both for the city and for the future residents of Ballpark Village. Um as you noted, Mr. Chairman, we are uh decreasing the density of the project um and we're increasing the lot sizes. So, we think that's a positive. Um we are also um upgrading the amenity offerings. So, uh not just changing them, we're actually upgrading them.

Um you know, we're we're putting in a a clubhouse type amenity. We're adding pickleball courts, which you can't get enough of these days. Um and then also by um you know, instead [clears throat] of having uh just three parks, we now have six parks um spread out throughout the community, which will increase um access for our residents in the future. So, we think that's a great positive.

Um and so these changes um you know, will will allow Fulton Homes to finally bring this project out of the ground, which they're very anxious to do. Um and so we hope to have your uh your support tonight and I'm happy to answer any questions that you have. Okay, any questions for the applicant? Okay, sounds good. Are there any speaker cards? Uh I don't have any for this item. Is there anyone in the audience who would like to speak on this agenda item? Okay, I'm going to close the public hearing.

Will the secretary please read the staff recommendation? Recommend approval of the request to rezone approximately 156 acres from Fulton Homes at Ballpark Village first amended planned area development to Fulton Homes at Ballpark Village second amended planned area development March 2026 as set forth in the draft of ordinance number 2026-XXXX. Excuse [clears throat] me, is there a motion for the staff recommendation or a motion to recommend denial of the staff recommendation.

A motion by Commissioner Booth and a second by Commissioner Wang. The floor is open for commission discussion. Anyone? I I think it sounds like a fine idea. If they if if if they think it's going to be good for them and uh I I I don't see any reason why and obviously there's been no one else that has come forward to uh have anything negative to say about it from the public, so. Okay. All right, call for the question. Okay. Please enter your vote. Commissioner Lee. [clears throat] Aye. Thank you.

Okay, the motion passes. The recommendation of approval will be forwarded to the City Council for the June 22nd meeting. Okay, agenda item number three is a presentation on the comprehensive update to the city's zoning ordinance. Uh this is for discussion only, no action will be taken on this item. Uh planning uh managers, Christian Williams, will present. Good evening, Christian. Good evening, Chairman Clymer and Planning and Zoning Commission.

Um in the last uh year staff last year staff has uh brought before you zoning ordinance text amendments to make uh modifications to sections of the zoning ordinance addressing new state laws and responding to new developments. However, the last comprehensive rewrite to the zoning ordinance occurred back in 1999, which is 27 years ago.

This update modernizes terms, definitions, uses, and development standards to protect neighborhoods, support development and business growth, ensure compliance with state and federal laws, enables more housing diversity in neighborhoods, and refines development standards among other items. The zoning ordinance also updates align and and aligns with the current general plan and design guidelines and is a part of the city's strategic plan goals.

You may also notice that in front of you on your desk there are some cards in front of you and they're meant to make this presentation a little bit more interactive. So you have bingo cards there which will include some phrases from this presentation and if you get bingo horizontally or diagonally, please note the time on your card and you don't need to yell out bingo so that we can keep the meeting going.

But there's some swag I'll provide you at the end of this and if you're the first one to reach blackout, also write your time and we'll get you a prize. So with that, let's get going with the presentation. So the project kicked off about 18 months ago back in January 2025 and during that update process various community workshops and roundtables with the development community and the community at large have been held.

We've also held one-on-one work sessions with the Goodyear City Council throughout the update process. So getting close to where we are today, drafts of the ordinance began to be released back in March and the full draft was available for its first in April. We've also received feedback from residents throughout the time and we've also received feedback from various agencies and organizations primarily on the topics of battery energy storage systems and data centers.

And this is due to the fact that the city does not currently have a formal standard for these uses and this update will largely address those issues.

At the May community workshop, attendees were also very interested again in battery energy self-storage or storage systems and data centers and we believe the comments that we provided since that since that community forum both online and at the in-person forum have been largely incorporated in this update that you have before you today and you will see that also within the final draft as we're making minor changes in the next coming weeks.

Similarly, we believe that the feedback provided by council and the public in that time frame has been addressed and there's been some compromises reached within this draft that you've received. So, here we are today. I'm going to summarize some modifications made on those topics and some of the updates that we've had since those work sessions, and we'll get going on that. So, we've had two previous work sessions, just as a reminder.

At the first work session in November, we spoke largely about temporary signage allowances for businesses, expanded the required noticing area to reach more residents. We reviewed use permit uses and what can be expanded by right, and opportunities for conditions of approval of our standards, and we spoke about expanding housing opportunities in our single-family zoning districts. We did not receive significant comments from the development community on those proposed changes or those topics.

And at the second work session that we had in March, we focused our discussion on standards and distance separations for battery energy storage systems or BESS, as well as data centers. And we touched on other topics, such as off-street parking and convenient uses. And as mentioned on the last slide, a large portion of the comments received, again, were on BESS and data centers.

Thus, we'll be providing you with more specific updates on those topics, and we'll get that conversation started right now. So, related to BESS, um that was the major topic, and since our last conversation, we've met with several members of the development community, as well as received feedback in those comments.

We believe, again, we've reached a compromise with those stakeholders, and we believe um we believe we've also reached a compromise between fire regulations, EPA regulations, and our distance standards to protect our residents.

Of note, the biggest major change that's occurred between those last conversations and today is that the distance requirement between other industrial uses has been reduced down to 100 ft, and that would still be through the special use permit process, which is a process that goes before the Planning and Zoning Commission as well as the Goodyear City Council for their ultimate approval or denial. It's the biggest change.

As it relates to data centers, which is our next topic, um we have retained a 300-ft separation from residential uses, and that is largely to protect our residents from potential noises generated from those facilities, and the distance is consistent with other uses we have in the city that have other noise-sensitive considerations. Existing data centers, we believe meet the 300-ft standard, and we are going to be working with those customers as we finalize the zoning ordinance.

And we've also taken noise provisions that you might have seen in previous uh versions of this document and made them more generalized to other uses that might be a little bit noisier, so that it's not specific to data centers, but we're addressing it for all the uses within our zoning ordinance.

On to the noticing requirements update, although we did not receive large comments on our proposed ordinance, uh we wanted to highlight this topic again because it has been a question that our citizens ask us about. So, the current update is proposing that we go from our existing 500-ft notification boundary to 600-ft notification boundary for all application types with the exception of planned area developments. That does not include PAD overlays to be clear though.

PADs would require a noticing distance of 1,200 ft, and that is considering that those are very specialized standards, they're unique standards, they're not following our typical city guidelines, and they also may be introducing new uses that aren't contemplated in specific districts. That's why that's of a higher um level of standard than our other rezonings or overlays, which might just change one or two items.

We've also codified some of our HOA notifications into the code, so if those HOAs were are within those distances, we had been in practice notifying them, but we just want to codify that so it's more clear that that's the expectation. Um and other additional highlights, the new zoning ordinance will include additional housing options creating home builder flexibility while providing housing diversity.

Temporary sign types and durations are expanded to provide businesses with more options to repo uh to promote their milestones and special promotions. We're still refining some of the language.

I was reading through this 300-page document today and there's always room for improvement, so we'll be refining some of that language, but to give you a highlight, multi-family is a topic that we'll be looking at as well as if there's large construction in an area and we have commercial businesses in the area, we want to make sure that they stay successful during that construction process. So, you'll see some of those updates in the June uh July um version that you see.

We've also reviewed the parking requirements to meet industry standards and create opportunities to reduce the parking requirements if they're part of a mixed-use walkable area, if it's age-restricted or affordable, and um we want to support that through parking studies and parking management plans so that we can create flexibility, but also protect our residents.

Staff has also reviewed the recent rezonings and use permit cases that have come before this body and the city council and to sure ensure this update reflects current expectations and directions, we've provided additional guidance and modernized our code related to convenience use standards, which would include drive-thrus, auto repair, and car washes.

We've examined a lot of the PADs and PAD overlay requests that have come before this body and the city council and particularly related to industrial, um as opposed to having uh one-offs in PAD overlays, we have added more flexibility into the base language for industrial.

This will help users such as data centers um that previously relied on PADs or PAD overlays for additional height, we baked in those standards into our current zoning ordinance, which make sure that that height is, um, separated from residential, there's still adequate landscaping standards, and we basically put into our code some of those, um, one-off provisions that this body and the council have been recommending for approval.

And last but not least, for multi-family projects, we've looked at some recent height request intended to support those higher, um, floor-to-ceiling ratios and luxury apartments, um, and we've, um, tied that with more, um, distinctive rooflines.

So, we've refined that when there is additional height that's being requested, we're looking at the neighborhood character, the pitched roofs, so we're not getting more tall, boxy buildings, but buildings that fit more in with their neighborhood character. So, we're building that into the zoning ordinance, so that, hopefully, the, um, amount of PADs, PAD overlays that this body and the council see as as being reduced.

In addition to the ones that are highlighted on the screen, we've streamlined the process, so if a property is, um, any um the PAD overlay process, we've refined that a little bit, so if it's a change that is just to a standard, um, the Planning and Zoning Commission would have a a bigger impact on that decision and be making a a stronger recommendation to the City Council. So, those are some changes there.

But, taken together, these updates in the zoning ordinance are here to reduce the reliance on PADs and PAD overlays, clarify expectations for applicants, provide more predictability for the community, and beyond the height and design, the updated ordinance includes updates to the land uses and general definitions.

Again, it modernizes residential, commercial, and industrial uses and the tables, and there's enhanced graphics throughout the document so that we are more clear and objective in our standards. So, here we are, uh, here are our next steps. Following this work session, we'll have a work session with Council this coming Monday.

We will then go back into this 300-page beast and I'll be doing that probably all weekend, but we'll be doing some refinements and I'm clarifying any language that's needed in preparation for the July 1st work session with this Planning and Zoning Commission where this body will make a recommendation to council. The council will then receive that final draft on July 6th for their consideration of approval or recommendation of changes.

And just to wrap this all up, our goal with this zoning ordinance update is to take a proactive and comprehensive look at how the community is growing and how we can best support growth within our community. Again, this ordinance has not been updated since 1999. I was in elementary school when this thing was written. So, we need to modernize it a lot.

So, again, it's a here to align to our current needs, ensure that we're supporting our community's long-term vision, and the process is being mindful of key things, which is supporting diverse housing options that meet both the current and future needs of our residents. We also want to be a partner with the state of Arizona as we want to be in control of our local destiny and provide solutions for the state.

We also want to allow places for new businesses and new innovations to come to the city, and we want to streamline the development process and make it very clear and customer focus and friendly for our our development community while ensuring that our residents understand what's going on and that they know what's expected in in in quality development in Goodyear. Again, we're trying to strengthen our trust with the residents, our development community, and be consistent with their general plan.

While we know that this update is a comprehensive one, we know we're going to miss something. We know there might be unintended consequences, especially with an update this large.

So, what you can expect in the future if this is approved is that as there are concerns or areas for improvement that happen, we'll be bringing back some zoning ordinance updates to clean up anything that's needed, particularly between the zoning ordinance and the design guidelines to make sure that they're all gelling together. Um and with that um we'll be keeping a a log as we move through the process and I'm happy to answer any questions you have. Anyone?

Okay, I have been told there's a speaker card for this. Usually we don't have that with since it's not a public hearing, but I I'll allow that to come forward tonight. Whoever that is. We actually [clears throat] Excuse me, we actually have two speaker cards. Okay, okay. If you're all right with that. Okay. You have 3 minutes. Um the first [clears throat] speaker is Sepand Alizada from the Arizona Technology Council. Um each speaker will be limited to 3 minutes.

The screens will let you know how much time you have left to speak. Before you begin to speak, please identify yourself clearly stating for the record your name and if you are a Goodyear resident. Okay, perfect. Chair, vice chair, uh members of the commission, my name is Sepand Alizada. I'm with the Arizona Technology Council, 2800 North Central Avenue, Suite 1530 in Phoenix. Uh thank you very much for giving me the opportunity to address you all.

I know it's not a public hearing, but I'm very very grateful. Uh before I begin, I just want to say thank you to staff. They have been above board. They have been very responsive. Um I'm very very grateful for their communication and ability to be flexible with the recommendations we have given. Uh Arizona Technology Council, just a little bit background, is the principal trade association for tech companies in all of the state.

Uh we have over 750 members uh many of all different sizes, all tech companies, software developers, data centers, uh energy develop- developers, etc. So, we're pretty familiar with their needs and uh we believe this ordinance it is quite an improvement from what is there because what is there is from 1999. So, we these documents are living breathing documents that do need to be refreshed from time to time.

Uh on May 22nd, we submitted a letter to staff with just a few recommendations just to take it into account uh regarding the language regarding battery energy storage systems and data centers. I'm going to begin with our recommendations for battery energy storage systems. The first is that uh we recommend a performance-based approach rather than a fixed prescriptive height standard for BESS.

Uh many jurisdictions successfully successfully employ flexible screening requirements tailored to the site-specific conditions and adjacent land uses resulting in more effective and context-sensitive outcomes. So, that's our first recommendation with BESS. Our second is that currently as it's written uh BESS is only allowed in industrial districts. Uh you know, limiting BESS facilities exclusively to industrial districts is a little bit restrictive.

We recommend allowing these facilities within agricultural zoning districts as well. BESS projects are clean, quiet, and low-impact land uses that are generally compatible with agricultural settings and provide additional flexibility for infrastructure planning. So, those are our two BESS recommendations. And regarding data centers, the one recommendation that we have is removing the will-serve letter requirement uh that is currently in the ordinance.

Uh requiring confirmation that sufficient utility service exists may inadvertently constrain early stage planning and force premature design commitments for data centers because the term sufficient is not clearly defined, the provision may create unnecessary uncertainty for applicants. Also, we're seeing a lot of data centers come in with bringing their own generation. Uh so, they're producing their own on-site generation. So, this may hinder that if this requirement goes through.

I see my time is running out, but I just want to say thank you again. Thank you to staff. Very grateful for the opportunity to provide these comments. Thank you. Okay, thank you. [clears throat] Okay, the next speaker is Autumn Johnson. Good evening, Chairman and Commissioners. As she said, my name is Autumn Johnson on behalf of the Arizona Solar Energy Industries Association or ARACIA. ARACIA is a statewide nonprofit that works on energy policy at every level of government.

We've had the opportunity to work on renewable and best ordinances all over the state including in Surprise, Buckeye, Maricopa County um and Mesa. We appreciate the opportunity to provide comments. We've also done two rounds of written comments. Um we'd like to thank staff for um I think this has actually been a really good process and that there have been improvements since we appreciate that. We just wanted to highlight a couple of things that we think need a little bit more refinement.

Um one uh was something that was just talked about by Sapien has to do with um the limitation on battery energy storage uh facilities to industrial zones. So, ARACIA recommends allowing these uses through the special use permit process for additional zones. Um the SUP process already gives the city the authority to evaluate compatibility, impose specific conditions, and deny applications that are not appropriate for for a particular location.

Uh we'd also ask the council to clarify that the ordinance does not apply to projects that have already received approval or that have submitted a complete application before the effective date of the ordinance. And then uh I want to be conscious of time, so I'm skipping some comments here, but we'd also continue to have concerns with the proposed 330-ft setback.

The National Fire Protection Association or NFPA 855 uh establishes a nationally recognized safety requirement for battery energy storage systems, and generally relies on a 100-ft separation framework. Uh Buckeye has a 150-ft separation framework. Maricopa County is 100 ft. The American Planning Association uh states that the national average is 50 to 100 ft.

And so, I realize that the 30 330 ft um has some options to reduce that, but we would recommend sticking with um a nationally recognized standard. And then finally, we'd encourage the council to or the commission to provide greater flexibility for screening requirements through the sub process. Um there are some components that are unique to this ordinance that we haven't seen in other ordinances like a public art requirement.

Some of these facilities are going to be in remote areas where public art or screening may not be appropriate. And so, that's something that you might want to think about as far as adding cost to projects, which then translates into higher energy rates. And so, for some of these projects, that may not make sense, and you might want to have some flexibility.

I'm going to wrap it up because the uh my time is coming to a close, but um we will um be happy to answer any questions that commissioners have or submit additional comments if that's helpful. Thank you. Okay, thank you. Thank you. Good evening. All right, that concludes the business section. Do we have any staff communications? Thank you, Chairman. First, for those who didn't get a chance to meet him, I want to welcome our new city manager, Brian Langley.

So, on your way out, please stop by and and say hello. Um we appreciate him visiting. Um Planning and Zoning Commission. Second, I wanted to give you a follow-up at the last meeting. You considered a rezoning for Palm Valley Promenade, and that went to City Council on May 18th, and City Council did approve that project as recommended by the Planning and Zoning Commission. Also, I just wanted to share a few bits of city news.

At our Monday City Council meeting, the city budget, a $1.4 billion budget, was approved by City Council. There's still a Development Services Department, so that's exciting. Yay, we're still going. Um also, just I know you get questions. Your neighbors find out you're on the Planning and Zoning Commission, so I just thought you might be interested if you didn't see that last month our summer construction hours started in conformance with state law. So, construction can start at 5:00 a.m.

now, and concrete work at 4:00 a.m., and that is a state law. The city doesn't have control over that. Also, you've probably already seen the political signs are out. We are now in political sign season, which again is a state law. But, I did want to mention for both of those to don't forget we have our Goodyear 311 system.

If anyone is in doubt and if if political signs, noise, or anything might be a violation, please encourage your neighbors to submit to Goodyear 311, and we will absolutely go investigate. And those are my staff updates. Thank you. Okay. Thank you. All right. Next Planning and Zoning Commission meeting will be held July the 1st in this building and in this room at 6:00 p.m. And hope to see you there. And this meeting is adjourned. Mhm.