| ITEM #: 2. DATE: 03/18/2024 AI #:1779 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | USE PERMITS, SPECIAL USE PERMITS AND STANDARDS FOR APPROVAL |
| STAFF PRESENTER(S): | Katie Wilkens, Interim Development Services Director and Christian M. Williams, AICP, Principal Planner |
OTHER PRESENTER(S):
Katie Wilken, Interim Development Services Department Director
Summary
Staff is seeking policy direction on whether to eliminate the requirement for certain Use Permits and Special Use permits by adopting standard requirements for those uses that would be incorporated into the City of Goodyear's Zoning Ordinance. (Katie Wilkens, Interim Development Services Director and Christian M. Williams, AICP, Principal Planner)
FISCAL IMPACT
This is a discussion item and not for formal action. There is no fiscal impact at this time.
BACKGROUND AND PREVIOUS ACTIONS
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended by Council when deemed necessary or appropriate to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the City.
The current Zoning Ordinance was originally adopted by the Council in May 1999 and has been modified by a number of amendments since that time.
Several uses are subject to the requirement to obtain a Use Permit or a Special Use Permit; all other uses are permitted by a matter of right within specific Zoning Districts.
The current Zoning Ordinance was originally adopted by the Council in May 1999 and has been modified by a number of amendments since that time.
Several uses are subject to the requirement to obtain a Use Permit or a Special Use Permit; all other uses are permitted by a matter of right within specific Zoning Districts.
STAFF ANALYSIS
The City of Goodyear (City) continually seeks opportunities to modify or improve its processes and procedures to ensure we are providing the best and most efficient services to the public and our customers. A key goal within the City's new Fiscal Year 2025-2027 Strategic Plan is an action item related to the Development Continuum, which calls for the Development Services Department to evaluate processes to streamline the development timeline. Evaluating current City processes related to Use Permits and Special Use Permits is an important initial opportunity to make progress towards that goal. Staff is seeking policy direction on changes to the City Zoning Ordinance to allow certain Use Permits and Special Use Permits to be considered and approved administratively, rather than the current process, which requires both Planning and Zoning Commission and Council consideration and approval.
A Use Permit is a legal authorization granted by the Council for a type of land use permit that allows an individual or entity to use a specific piece of land for a particular purpose. Use Permits in a particular zoning district may be granted only upon showing that such use will comply with all the conditions and standards for the location and/or the operations of such use as specified in the Zoning Ordinance and will not be materially detrimental to surrounding properties.
A Special Use Permit is also a legal authorization granted by the Council for a type of land use permit that allows for a specific use of a property that may not be allowed by default in a particular zoning district. A Special Use Permit may be considered under certain conditions and with potential modifications to setbacks, height or other zoning district criteria. Special Use Permits are evaluated on a case-by-case basis, with careful evaluation of proposed uses that may have unique characteristics or potential impacts on the surrounding community.
Together, Use Permits and Special Use Permits are a tool for local governments to manage land use and ensure that development aligns with the community's overall planning goals. They also help balance the interests of property owners with the need to maintain a cohesive and orderly development pattern within a jurisdiction.
The City's Zoning Ordinance Sections 1-3-2 and 1-3-4 establish the procedures for Use Permits and Special Use Permits, respectively. Both procedures essentially amount to special requirements or stipulations placed on the property through a Use Permit or Special Use Permit.
Staff is seeking specific guidance regarding Use Permits and Special Use Permits for the following types of uses: Mini-Storage and Recreational Vehicle Storage; Convenience Stores and Auto Services Stations (Gas Stations); and Car Washes (Hand or Automatic). Current Policy for these types of uses are outlined below.
Mini-Storage and Recreational Vehicle Storage - Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in Any District) and 4-1-3 of the Zoning Ordinance (Special Uses Considered in Specified Districts), ‘Mini storage and recreational vehicle storage facilities’ may be considered in Commercial Districts (and Industrial Districts) with a Special Use Permit.
Convenience Stores and Auto Services Stations (Gas Stations) - Pursuant to Section 4-2-2 of the Zoning Ordinance (Convenience Use), 4-3-3 of the Zoning Ordinance (Service Stations, Automotive) and 4-2-18 of the Zoning Ordinance (Drive-Through Restaurants), gas stations and convenience stores are considered in C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts with a Use Permit.
Car Washes (Hand or Automatic) - Pursuant to Section 4-2-2 of the Zoning Ordinance (Convenience Use), 4-3-3 of the Zoning Ordinance (Service Stations, Automotive) and 4-2-18 of the Zoning Ordinance (Drive-Through Restaurants), car washes are considered in C-2 (General Commercial) zoning districts with a Use Permit.
Staff Findings:
Opportunity exists to eliminate the need for Use Permit and Special Use Permits for certain uses by adopting standard requirements for those uses as well as other uses that would continue to require Use Permits or Special Use Permits. These changes will provide additional clarity to the development community when certain uses are adjacent to residential or overly concentrated within one area. This can be accomplished through the adoption of standards for those uses that will preserve the quality of life for our residents.
A Use Permit is a legal authorization granted by the Council for a type of land use permit that allows an individual or entity to use a specific piece of land for a particular purpose. Use Permits in a particular zoning district may be granted only upon showing that such use will comply with all the conditions and standards for the location and/or the operations of such use as specified in the Zoning Ordinance and will not be materially detrimental to surrounding properties.
A Special Use Permit is also a legal authorization granted by the Council for a type of land use permit that allows for a specific use of a property that may not be allowed by default in a particular zoning district. A Special Use Permit may be considered under certain conditions and with potential modifications to setbacks, height or other zoning district criteria. Special Use Permits are evaluated on a case-by-case basis, with careful evaluation of proposed uses that may have unique characteristics or potential impacts on the surrounding community.
Together, Use Permits and Special Use Permits are a tool for local governments to manage land use and ensure that development aligns with the community's overall planning goals. They also help balance the interests of property owners with the need to maintain a cohesive and orderly development pattern within a jurisdiction.
The City's Zoning Ordinance Sections 1-3-2 and 1-3-4 establish the procedures for Use Permits and Special Use Permits, respectively. Both procedures essentially amount to special requirements or stipulations placed on the property through a Use Permit or Special Use Permit.
Staff is seeking specific guidance regarding Use Permits and Special Use Permits for the following types of uses: Mini-Storage and Recreational Vehicle Storage; Convenience Stores and Auto Services Stations (Gas Stations); and Car Washes (Hand or Automatic). Current Policy for these types of uses are outlined below.
Mini-Storage and Recreational Vehicle Storage - Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in Any District) and 4-1-3 of the Zoning Ordinance (Special Uses Considered in Specified Districts), ‘Mini storage and recreational vehicle storage facilities’ may be considered in Commercial Districts (and Industrial Districts) with a Special Use Permit.
Convenience Stores and Auto Services Stations (Gas Stations) - Pursuant to Section 4-2-2 of the Zoning Ordinance (Convenience Use), 4-3-3 of the Zoning Ordinance (Service Stations, Automotive) and 4-2-18 of the Zoning Ordinance (Drive-Through Restaurants), gas stations and convenience stores are considered in C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts with a Use Permit.
Car Washes (Hand or Automatic) - Pursuant to Section 4-2-2 of the Zoning Ordinance (Convenience Use), 4-3-3 of the Zoning Ordinance (Service Stations, Automotive) and 4-2-18 of the Zoning Ordinance (Drive-Through Restaurants), car washes are considered in C-2 (General Commercial) zoning districts with a Use Permit.
Staff Findings:
Opportunity exists to eliminate the need for Use Permit and Special Use Permits for certain uses by adopting standard requirements for those uses as well as other uses that would continue to require Use Permits or Special Use Permits. These changes will provide additional clarity to the development community when certain uses are adjacent to residential or overly concentrated within one area. This can be accomplished through the adoption of standards for those uses that will preserve the quality of life for our residents.