Summary:
Introduction:
The applicant is the Arizona State Land Department (ASLD), and is represented by Carolyn Oberholtzer of BFSO. This rezoning application follows two (2) associated (preceding) cases to facilitate the annexation and initial zoning of an approximately 458 acre area in order to incorporate the area into a larger 1,621 acre rezoning case for North Peoria Gateway Planned Community District (PCD) under the subject rezoning case (Z24-03). Those preceding cases are as follows:
- Annexation (Case ANX24-01): Proposal to annex approximately 458 acres of land that is currently located outside of the City of Peoria municipal boundary. The 458 acres consist exclusively of land owned by the Arizona State Land Department as a part of the State Trust Land.
- Initial Zoning (Case Z24-04): Proposal to provide initial zoning ("translational zoning") for the approximately 458 acres of land that is proposed for annexation.
Site Location and Area Context:
The subject area, known as North Peoria Gateway, consists of a vacant, irregularly shaped area of 1,621 acres owned by the Arizona State Land Department. The area is impacted by several physical features including a 990-foot wide powerline corridor, and approximately 660-foot wide powerline corridor, several washes that traverse the center of the property, the Beardsley canal that traverses the property, and the Loop 303 which bisects the property. Additionally, the site is bounded and/or intersected by several arterial and collector roadways:
- Lone Mountain Parkway: This arterial roadway functions as the northern extent of the proposed development and serves as a exit / entrance to / from the areas west of Loop 303.
- Jomax Road: The portion of this roadway that exists today is centralized to the subject site. Similar to Lone Mountain Parkway, Jomax serves as a exit / entrance to / from the areas west of Loop 303. Though eastbound portions of this roadway do not exist today on the east side of Loop 303, upon buildout, Jomax will connect to the across the river to the existing Jomax Road on the other side.
- Happy Valley Parkway: This parkway is one of the few access points that exists today that allows eastbound travel from the subject area to areas of the City that are east of Loop 303. The intersection of Happy Valley Parkway and Vistancia Boulevard are planned for roadway improvements (interim changes are currently underway) that will redesign the intersection and better facilitate access to and movement through the intersection.
- Vistancia Boulevard: The boulevard exists today and functions as the main north south arterial roadway within the boundary of the subject rezoning area, largely paralelling Loop 303 within the boundaries of the North Peoria Gateway.
- El Mirage Road: El Mirage exists as an arterial roadway bounding a portion of the western perimeter of North Peoria Gateway.
- 115th Avenue: This is an existing collector that provides north / south access to / from Happy Valley Parkway and areas south of the subject site.
The sheer scale of the subject proposal results in a variety of existing conditions along its boundary. From a larger contextual perspective, the site is surrounded by a mix of uses. To the north is the Vistancia Commercial Core (now marketed as 5 North), which currently contains commercial centers at the intersection of Vistancia Boulevard and El Mirage Road, as well as vacant land that is intended for the remainder of the mixed use that is planned within 5 North. To the east is a mix of vacant land and large lot single family residential homes. To the south is a mix of vacant land as well as the Dos Rios subdivision. West of the subject site is a variety of uses including an APS Power Substation, an existing multi-family development, and the single family residential subdivisions of Coldwater Ranch, and Trilogy at Vistancia.
Proposal:
The City of Peoria has maintained a sustained interest in the annexation of key Arizona State Land Departments (ASLD) parcels within the City's Planning Area. North Peoria Gateway is one of several State Land areas that the City has identified in its annexation efforts as significant in nature given its proximity to existing development or infrastructure limits, and/or is located along future strategic economic development corridors, such as the Loop 303. As such, this rezoning request is running concurrently with a larger effort to annex and initially zone the property on behalf of the Arizona State Trust Land as further described below.
Arizona State Land Department
The Arizona State Land Department (ASLD) currently owns and manages all 1,621 acres that comprise the subject site. In addition to being the single largest landholder in the City of Peoria, ASLD manages more than 9 million acres of State Trust lands across the state. Overall, State Trust lands constitute approximately 13% of Arizona's total surface land ownership. Congress authorized conveyance of federal land grants to territories in the west at statehood to provide foundational support for basic public services, such as education. Congress mandated that those lands be held in perpetual trust, and that standards for the management and disposition of those lands would be codified within the state constitution.
State Trust Land is different from public land, such as U.S. Bureau of Land Management land, national parks or forests, in that all uses of Trust land and its resources, must compensate the 13 Trust Beneficiaries. This is important in recognizing that State Trust Land is not perpetually vacant or “open” land for general public use. Congress, in granting the land to the State in preparation for statehood, recognized its value and the importance of providing support to public schools and other public institutions. The stated mission of the Arizona State Land Department is ‘To responsibly manage the assets of a multi-generational perpetual Trust in alignment with the interests of the Beneficiaries and Arizona's future.’ Therefore, land is held in Trust until ASLD believes the land value has been maximized in order to benefit the Trust. At that point, ASLD may choose to proceed with a public auction. Proceeds from the auction go to the underlying designated beneficiary. The largest beneficiary in the State is Common Schools (K-12). It is important to note that at this time there is no scheduled auction for any portion of the subject site.
Conceptual Development Plan
It is important to recognize that North Peoria Gateway has not been marketed or scheduled for public auction at this time. Additionally, there is no specified master developer, or physical lot layout associated with this request. The purpose of this request is to identify the associated zoning and development requirements for when the area is ready for development.
Moreover, in the Project Narrative (Exhibit 5 of the Planning & Zoning Commission Staff Report), the applicant states that this effort is intended to bring the site closer to market-ready conditions and streamline the development process. Consequently, the applicant’s team of consultants is proposing a conceptual development plan that contemplates a mixed use master planned development with uses and intensities that follow the intent of the current General Plan Land Use designations for the subject site. The corresponding development standards that are proposed are similar to the zoning districts that currently exist within the City of Peoria Zoning Ordinance.
In addition to following the intent of the land uses identified within the City's General Plan, the proposal provides residential unit maximums that seek to ensure water security this development as well as Peoria's future. The water security components of the plan are demonstrated through the unit maximums in alignment with the unit yields that the current General Plan Land Use designations would provide for.
Aside from the use and density considerations contemplated by the proposed entitlement the standards seek to provide context sensitive development adjacent to existing development, and in particular, adjacent to existing single family residential uses. These protections include height and use limitations that provide transitions away from those existing single family residential homes.
Infrastructure
Water and sewer facilities exist adjacent to the site and have the available capacity to serve the property. The specified connections, roadway improvements, and layout will be identified during the Preliminary Plat process.
When evaluating an area of this size it is impossible to evaluate every permutation of the proposal and provide appropriate infrastructure requirements from the onset. As a result, the requirements within this entitlement call for what is often referred to as 'secondary planning' documents in order to further refine and evaluate components of the development, particularly as it relates to infrastructure improvements. This will allow for manageable evaluation of development units once there is a more refined picture of the first use or uses within a development unit. This sequencing will allow for thoughtful and thorough evaluation of the infrastructure needs as development of the area moves forward.
Public Engagement Process:
Public Noticing
The application was properly noticed pursuant to Section 21-315 of the City Code, which includes notification to all property owners within 1,320 feet of the site and all registered HOAs within one (1) mile, posting of a sign on the site, and placing an ad in the Peoria Times at least 15 days prior to the Public Hearing.
Outreach Efforts
As a requirement of the rezoning application process, the applicant conducted a neighborhood meeting and provided a Citizen Participation Report detailing the results of the meeting. The applicant notified all property owners within 1,320 feet of the site, all registered Homeowners’ Associations within one (1) mile, adjacent jurisdictions, and affected school districts for the required neighborhood meeting. Two separate neighborhood meetings were held and both were noticed in accordance with City of Peoria standards identified within Section 21-315 of the City of Peoria Zoning Ordinance.
An in-person meeting was held on May 15, 2024 at the WestWing Mountain Community Center (Exhibits 9a & 9b of the Planning & Zoning Commission Staff Report). Approximately 82 people attended the neighborhood meeting. In addition, representatives from the applicant team and the City attended. The applicant answered questions submitted by attendees largely pertaining to traffic, water security, proposed uses within the development, property values, and schools.
A virtual neighborhood meeting was held on August 8, 2024 via the Zoom virtual meeting platform. This meeting was attended by approximately 29 residents, the applicant team, and representatives from the City. Questions from residents at the meeting largely focused on traffic, water security, proposed uses within the development, property values, and schools.
A summary of the outreach and the results are included in the Citizen Participation Report within Exhibit 9 of the Planning and Zoning Commission Staff Report attached to this agenda item.
Support / Opposition
At the time this report was written, Staff has received opposition from thirteen (13) individuals in opposition to the proposed rezoning case (Exhibit 9 of the Planning & Zoning Commission Staff Report). The letters of opposition focus on the concerns that were identified at the neighborhood meeting regarding traffic, water security, the proposed uses, property values, and school capacity.
As with any rezoning review, the proposed entitlement has been reviewed by the City’s Water Services Division who has identified that there is a sufficient water supply to provide service to the subject site if developed as proposed in accordance with the land use designations contemplated by the subject entitlement.
Peoria Unified School District
This property is within the Peoria Unified School District (PUSD) boundary. Accordingly, students residing within this development would attend 1 of 3 elementary schools dependent on their location within the development, based on current school boundaries (Vistancia Elementary, Lake Pleasant Elementary, or Zuni Hills Elementary). All students within the subject site would be zoned for Liberty High School. While the acquisition, siting, funding, and operations of school facilities are the legally delegated responsibility of the State of Arizona through its school districts, the City works very closely with PUSD in the consideration of new development cases, corresponding spatial and absorption trends, and other related matters.
PUSD has participated in the review of this project and has identified support for the proposed rezoning application.