| AGENDA ITEM #:22-350-00001 DATE: June 15, 2022 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | SPECIAL USE PERMIT FOR DESERT SPRINGS COMMUNITY CHURCH |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Assistant Planner |
OTHER PRESENTER(S):
Dean Schifferer, Schifferer Built
SUMMARY:
A request for a Special Use Permit to allow a building expansion and new auditorium for Desert Springs Community Church, located at 14440 W. Indian School Road, within the Palm Valley, which is the northwest corner of W. Indian School Road and N. 144th Avenue.
RECOMMENDATION:
- Conduct a public hearing to consider a request for a Special Use Permit to allow a building expansion and new auditorium for Desert Springs Community Church (DSCC) on approximately 8.5 acres in Phase 3B of the Palm Valley Planned Area Development (PAD) District.
- Recommend approval of a request for a Special Use Permit to allow a building expansion and new auditorium for Desert Springs Community Church on approximately 8.5 acres in Phase 3B of the Palm Valley Planned Area Development (PAD) District at 14440 W. Indian School Road (Tract B of Palm Valley Phase 3B) subject to stipulations (Guadalupe Ortiz Cortez, Assistant Planner).
STIPULATIONS:
- Development of the Site shall comply with all terms and conditions of the special use permit approved by the Goodyear City Council on April 14, 2003 (Case SU-01-03) except as amended herein.
- All future development on the subject property will be subject to site plan review and approval by city staff, at which time all elements of site development will be reviewed, including, but not limited to, architecture, landscaping, grading and drainage, lighting, infrastructure, parking, access and circulation;
- The City of Goodyear reserves the right to initiate revocation of the Special Use Zoning in the event that the Special Use is not operated in compliance with the stipulations stated herein or as represented in the Special Use Permit application;
- No building or structure shall exceed 30 feet in height except for one tower that will be generally located in the front of the existing outdoor prayer pavilion, which shall not exceed 34 feet in height;
- Stipulation 10 in the conditions of approval for the special use permit approved by the Goodyear City Council on April 14, 2003 (Case SU-01-03) is hereby deleted;
- No modular structures shall be installed or constructed on the property;
- All parking on-site shall be provided on an improved asphalt or concrete surface;
- Stipulation 18 in the conditions of approval for the special use permit approved by the Goodyear City Council on April 14, 2003 (Case SU-01-03) is amended to read as follows: The owner/developer shall minimize the amount of light trespass into abutting residential neighborhoods, and general light pollution by complying with the requirements in Article 10 (Outdoor Lighting Standards) of the Goodyear Zoning Code applicable to Lighting Zone – Zone 2;
- Stipulation 24 in the conditions of approval for the special use permit approved by the Goodyear City Council on April 14, 2003 (Case SU-01-03) is hereby deleted; and
- Signage is not being approved with the approval of this Special Use Permit. All signage on the Property shall comply with Article 7 (Sign Regulations) of the city of Goodyear Zoning Ordinance.
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. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.
BACKGROUND AND PREVIOUS ACTIONS:
The property has an underlying C-2 General Commercial zoning under the Palm Valley Phase III Planned Area Development (PAD) District approved by Ordinance No. 94-551. A Special Use Permit, SU-01-03, was approved for the subject property by City Council on April 14, 2003 for Christ’s Community Church. In 2007, the Desert Springs Community Church moved into the subject property. According to the narrative submitted in support of the application to amend the use permit, all sorts of activities and services are conducted during Business Hours (between 8:30 am and 4:30 pm) including youth services, and a variety of activities after hours Monday through Thursday from 4:30 pm to as late as 11:00 pm, including bible studies, open gym for Western Sky students, combat veterans’ meetings, and bible studies. Worship services and meetings are held on Saturday from 5:00 pm to 6:30 pm and on Sundays from 8:00 am to 1:00 pm. The activities include worship services, business activities, bible studies, open gyms, combat veterans meeting and youth services.
STAFF ANALYSIS
Current Policy
Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in any District), a church or other house of worship may be considered as a Special Use in any zoning district.
Pursuant to Section 1-3-4 of the Zoning Ordinance (Special Use Permits), a Special Use requires review by the Planning and Zoning Commission and approval from the City Council through the public hearing process.
Details of the Request
The applicant is requesting a Special Use Permit to expand the church operations by building on property that was formerly approved for sport fields with the 2003 Special Use Permit. Desert Springs Community Church is proposing to expand their church in two phases. The existing building will be expanded by 4,307 square feet in Phase I of the church’s planned expansion and a 20,720 square feet auditorium will be constructed in Phase II. All infrastructure improvements required for the expansion of the existing building and the construction of the auditorium and all parking spaces required at build-out will be completed as part of Phase I.
The 2003 Special Use Permit limited the height of all buildings and structures to 30 feet in height. The applicant is requesting a four (4) feet increase to 34 feet for a tower adjacent to their existing prayer pavilion to create a visual effect with varying heights on the DSCC campus.
The project narrative attached explains why the church is being proposed at this location and the nature of the church’s operation. The following evaluation is being provided in conformance with Section 1-3-4 of the Zoning Ordinance:
b. Excessive noise or light generated from within the site:
The proposed expansion and expanded use of the Property will not result in the generation of excessive lighting or noise. As an initial matter, the operations of the property are not changing in terms of the services and activities being conducted on site, all of which have been occurring for years without any adverse impact. Moreover, the underlying land use designation for the property is C-2, which allows for numerous uses that would generate far more lighting and noise than the continued, albeit expanded, operations of the church. In fact, the applicant expects some of the outdoor noise to be reduced because they construction of the additional structures will result in a reduction in existing field space and less outdoor activities. Finally, the lighting installed with the expansion, including the lighting within the additional parking to be constructed is required to comply with the lighting standards in the City of Goodyear Zoning Ordinance, which are drafted so minimize lighting from spilling over to adjacent properties.
c. Excessive scale or height in relationship to surrounding properties:
The height of the proposed building addition and proposed auditorium will meet the height of the existing building, 30 feet, as limited by the 2003 Special Use Permit. The applicant has proposed an exception to the 2003 Special Use Permit stipulation for a tower, to be located south of the existing building and east of the proposed auditorium, away from adjacent residential properties. Although concerns were expressed about the height of the structures on the property, all of the city’s single-family residential districts allow for a maximum height of thirty-feet. Although the proposed tower will exceed the thirty-foot height limitation by four feet, the increase in the height of the tower will not impact the adjacent neighborhood because of its location.
d. Hours of operation:
As described above, the Property is currently being used extensively for various services, activities and operations (the “Operations”). The types of Operations and hours of operation, as described above, are not expected to change, although expanded facilities will allow more of the same. Given that the Operations have been occurring for years without any adverse impact, it is reasonable to conclude that increased use of the Property will not adversely impact any neighboring property.
e. Inadequate parcel size to provide adequate buffers or mitigation to surrounding properties:
The proposed building addition and auditorium provides the required setback and landscape buffers.
f. Inconsistency with the development character or architecture of the adjacent properties:
The church expansion to the existing building and proposed auditorium will use similar architecture design, materials and colors as the existing building.
Phoenix-Goodyear Airport:
The site is subject to noise from aircraft flying to and from Phoenix-Goodyear Airport.
Luke Air Force Base:
The site is within the 65 Ldn, high noise or accident potential zone, as defined by A.R.S. § 28-8461 and is within the territory in the vicinity of a military airport also defined by A.R.S. § 28-846. Approval will not negatively impact the flying operations at Luke AFB
Fire Department:
Emergency response times and distances are provided below:
Police Response:
The subject property is located within an existing patrol beat and the current level of service within the beat can accommodate the proposed use of the property.
Public Participation:
In accordance with the city’s Citizen Review Ordinance, a notice was sent to all property owners within 500 feet of the property. A Citizen Review Meeting was held on Monday, May 16, 2022 at the church, 14440 W. Indian School Road. The meeting was attended by eleven (11) persons. Four (4) of the attendees live adjacent to the property or across Indian School Road. These four attendees expressed their concerns regarding the height of the proposed auditorium, the proximity of the proposed auditorium to the adjacent residential properties, and the unknown time of the construction of the auditorium. The applicant, Dean Schifferer, spoke to the residents about how the auditorium’s height matching the height of the existing building, the existing landscape buffer and mentioned it can be landscaped more. Pastor Shawn Jones mentioned the construction of Phase II is dependent on funding from DSCC’s congregation.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition, on May 27, 2022.
To date, staff has received emails and a letter from one adjoining property owner objecting to the proposed church expansion expressing their concern that the church’s proposed auditorium will decrease their property’s value and block their backyard’s view.
Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in any District), a church or other house of worship may be considered as a Special Use in any zoning district.
Pursuant to Section 1-3-4 of the Zoning Ordinance (Special Use Permits), a Special Use requires review by the Planning and Zoning Commission and approval from the City Council through the public hearing process.
Details of the Request
The applicant is requesting a Special Use Permit to expand the church operations by building on property that was formerly approved for sport fields with the 2003 Special Use Permit. Desert Springs Community Church is proposing to expand their church in two phases. The existing building will be expanded by 4,307 square feet in Phase I of the church’s planned expansion and a 20,720 square feet auditorium will be constructed in Phase II. All infrastructure improvements required for the expansion of the existing building and the construction of the auditorium and all parking spaces required at build-out will be completed as part of Phase I.
The 2003 Special Use Permit limited the height of all buildings and structures to 30 feet in height. The applicant is requesting a four (4) feet increase to 34 feet for a tower adjacent to their existing prayer pavilion to create a visual effect with varying heights on the DSCC campus.
The project narrative attached explains why the church is being proposed at this location and the nature of the church’s operation. The following evaluation is being provided in conformance with Section 1-3-4 of the Zoning Ordinance:
1. Will be desirable or necessary to the public convenience or welfare:
Desert Springs Community Church has been serving the Goodyear community for almost 17 years. With the Goodyear and DSCC community growing, the church needs more space now to serve the community. Pastor Shawn Jones, stated on the project narrative “spiritual health is important and it is more than just something for people to do or a place they go… People call on Desert Springs for all types of reasons, but for most, the church has become a community to individuals with whom they celebrate times of joy and where they find friends that will respond in their time of need.”
2. Will be harmonious and compatible with the other uses adjacent to and in the vicinity of the selected site or sites:
Churches are specifically identified in the General Plan as a use that is compatible with and complements residential neighborhoods. The use of this specific property as a church is harmonious and compatible with uses adjacent to and in the vicinity of the property.as demonstrated by the operations on the property over the past approximate twenty years. A use permit was granted in 2001 for the operation of a church on this property and the property has been used for such purposes without incident or complaint. The modifications of the property will result in the reduction of open space requiring activities that could have been conducted outside to be conducted within the auditorium that is to be constructed.
3. Is in conformance with the adopted General Plan and any adopted Area Plans:
The subject property has a Neighborhood designation by the General Plan. The Neighborhood designation allows public and community facilities that support and complement residential neighborhoods, such as places of worship.
4. Will not be detrimental to surrounding properties in the area due to:
The subject property has a Neighborhood designation by the General Plan. The Neighborhood designation allows public and community facilities that support and complement residential neighborhoods, such as places of worship.
4. Will not be detrimental to surrounding properties in the area due to:
a. Impact on the circulation system of the adjacent neighborhood:
Although the proposed development is anticipated to result in an increase of traffic onto the property, the three existing entrances into the property, which are off of three different streets (W. Hale Irwin Blvd., N. 144th Avenue, and W. Indian School Road), that are sufficient to accommodate any increased traffic flow. Approximately 200 new parking spaces are being added to accommodate the increased need for parking spaces with the expansion.
b. Excessive noise or light generated from within the site:
The proposed expansion and expanded use of the Property will not result in the generation of excessive lighting or noise. As an initial matter, the operations of the property are not changing in terms of the services and activities being conducted on site, all of which have been occurring for years without any adverse impact. Moreover, the underlying land use designation for the property is C-2, which allows for numerous uses that would generate far more lighting and noise than the continued, albeit expanded, operations of the church. In fact, the applicant expects some of the outdoor noise to be reduced because they construction of the additional structures will result in a reduction in existing field space and less outdoor activities. Finally, the lighting installed with the expansion, including the lighting within the additional parking to be constructed is required to comply with the lighting standards in the City of Goodyear Zoning Ordinance, which are drafted so minimize lighting from spilling over to adjacent properties.
c. Excessive scale or height in relationship to surrounding properties:
The height of the proposed building addition and proposed auditorium will meet the height of the existing building, 30 feet, as limited by the 2003 Special Use Permit. The applicant has proposed an exception to the 2003 Special Use Permit stipulation for a tower, to be located south of the existing building and east of the proposed auditorium, away from adjacent residential properties. Although concerns were expressed about the height of the structures on the property, all of the city’s single-family residential districts allow for a maximum height of thirty-feet. Although the proposed tower will exceed the thirty-foot height limitation by four feet, the increase in the height of the tower will not impact the adjacent neighborhood because of its location.
d. Hours of operation:
As described above, the Property is currently being used extensively for various services, activities and operations (the “Operations”). The types of Operations and hours of operation, as described above, are not expected to change, although expanded facilities will allow more of the same. Given that the Operations have been occurring for years without any adverse impact, it is reasonable to conclude that increased use of the Property will not adversely impact any neighboring property.
e. Inadequate parcel size to provide adequate buffers or mitigation to surrounding properties:
The proposed building addition and auditorium provides the required setback and landscape buffers.
f. Inconsistency with the development character or architecture of the adjacent properties:
The church expansion to the existing building and proposed auditorium will use similar architecture design, materials and colors as the existing building.
Phoenix-Goodyear Airport:
The site is subject to noise from aircraft flying to and from Phoenix-Goodyear Airport.
Luke Air Force Base:
The site is within the 65 Ldn, high noise or accident potential zone, as defined by A.R.S. § 28-8461 and is within the territory in the vicinity of a military airport also defined by A.R.S. § 28-846. Approval will not negatively impact the flying operations at Luke AFB
Fire Department:
Emergency response times and distances are provided below:
| Nearest Fire Station | Shortest path | Longest path | 2nd nearest Fire Station | Shortest path | Longest path | |||||
| Mins | Miles | Mins | Miles | Mins | Miles | Mins | Miles | |||
| # 183 | 1.66 | 0.83 | 1.66 | 0.83 | Station #185 | 5.58 | 2.79 | 5.58 | 2.79 | |
Police Response:
The subject property is located within an existing patrol beat and the current level of service within the beat can accommodate the proposed use of the property.
Public Participation:
In accordance with the city’s Citizen Review Ordinance, a notice was sent to all property owners within 500 feet of the property. A Citizen Review Meeting was held on Monday, May 16, 2022 at the church, 14440 W. Indian School Road. The meeting was attended by eleven (11) persons. Four (4) of the attendees live adjacent to the property or across Indian School Road. These four attendees expressed their concerns regarding the height of the proposed auditorium, the proximity of the proposed auditorium to the adjacent residential properties, and the unknown time of the construction of the auditorium. The applicant, Dean Schifferer, spoke to the residents about how the auditorium’s height matching the height of the existing building, the existing landscape buffer and mentioned it can be landscaped more. Pastor Shawn Jones mentioned the construction of Phase II is dependent on funding from DSCC’s congregation.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition, on May 27, 2022.
To date, staff has received emails and a letter from one adjoining property owner objecting to the proposed church expansion expressing their concern that the church’s proposed auditorium will decrease their property’s value and block their backyard’s view.
Attachments
- Aerial Photo
- Project Narrative
- Conceptual Site Plan
- Conceptual Building Elevations
- Height Increase Request for Tower