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ITEM #: 16.
DATE: 07/08/2024

AI #:2093
CITY COUNCIL ACTION REPORT
 
SUBJECT: USE PERMIT FOR A CONVENIENCE USE (CONVENIENCE STORE WITH A GAS STATION)
 
STAFF PRESENTER(S): Christian Williams, Planning Manager

OTHER PRESENTER(S):

Ed Bull, Burch & Cracchiolo, P.A.

SUMMARY

The request is for a Use Permit for a Convenience Use (QuikTrip convenience store with a gas station) proposed on an approximately 1.82-acre parcel located at southeast corner of North 166th Avenue and West Indian School Road. The property is zoned Planned Area Development with underlying C-2 (General Commercial) designation, within the PV 303 Planned Area Development (PAD).

STRATEGIC PLAN ALIGNMENT

       

RECOMMENDATION

Approve the Use Permit request for a Convenience Use (QuikTrip convenience store with a gas station) on Parcel 4 on the final plat of PV303 East II Phase 1 recorded on February 16, 2018 in the official records of Maricopa County at Book 1370 of Maps Page 10 (Instrument 20180122777) (the “Property”) subject to stipulations. (Christian Williams, Planning Manager)

STIPULATIONS

The approval of the Use Permit is subject to the following conditions and stipulations:

1. All future development on the 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;

2. The convenience use permitted herein shall be developed in conformance with the attached QuikTrip No. 1503 Conceptual Site Plan, the QuikTrip No. 1503 Conceptual Landscape Plans, the QuikTrip No. 1503 Conceptual Building Elevations – Color, and the QuikTrip No. 1503 Conceptual Fuel Canopy Elevations - Color attached hereto.  Any changes to the improvements, as shown on the attached plans, may require an amendment to the use permit as determined by the Development Services Director or their designee; and,

3. In no event shall the Property contain a truck stop/travel center.  A truck stop/travel center shall include, but is not limited to, any single building or any multiple buildings providing facilities and/or services intended for use by commercial truck drivers during stopovers at the facility such as overnight parking, maintenance of semi-trucks or commercial vehicles, showering facilities or laundry facilities; and,

4. On-site semi-truck parking and overnight parking accommodations are prohibited within the Property; and,

5. Signage is not approved with the approval of this Use Permit. All signage on the Property shall comply with the PV303 Comprehensive Sign Package and Article 7 (Sign Regulations) of the City of Goodyear Zoning Ordinance; and,

6. The Property shall conform to the standards designated for Lighting Zone 2 as established in Article 10, Outdoor Lighting Standards, of the City of Goodyear Zoning Ordinance; and

7. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, the city of Goodyear subdivision regulations, the city of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer, the Maricopa County Association of Governments standards for public works construction,  and all other federal, state and locals laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property.

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 all 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 been designated by multiple General Plans as either industrial or commercial since 1998. The 1998-2003 General Plan designated the Property as a Commercial land use. The 2003-2013 General Plan designated the Property as a Light Industrial use. The 2014-2024 General Plan and the recently adopted General Plan 2035 designated the Property as developing with a Business and Commerce land use designation, which allows for both typical commercial development and limited industrial type facilities.

The property is located within the PV303 Planned Area Development (PAD) and has an underlying C-2 (General Commercial) designation. The original PAD zoning was approved by City Council on January 14, 2008, with adoption of Ordinance No. 07-1097. The PAD was last amended on June 27, 2018 with the adoption of Ordinance 2018-1391. However, the 2018 PAD amendment did not impact the Property, only surrounding properties within the PAD were altered.

A Master Site Plan for the Triangle at PV303 was administratively approved by staff on February 24, 2023. The Master Site Plan outlined the circulation and services plan for the entire site and provided a colors and materials palette for the buildings in the center.

The Planning and Zoning Commission considered this item at their regular meeting held on June 26, 2024. Commissioners voted (6-1) to forward a recommendation of approval to the City Council.  

STAFF ANALYSIS

Current Policy
A Use Permit requires review by the Planning and Zoning Commission and approval by the City Council following required public hearings. The process for the review of a Use Permit is set forth in section 1-3-2 of the Goodyear Zoning Ordinance and in the City of Goodyear Administrative Process Manual.

Details of the Request
The applicant is requesting approval of a Use Permit to facilitate the development of a QuikTrip convenience store with a gas station (QuikTrip) on an approximately 1.82-acre property within the PV303 PAD with underlying C-2 (General Commercial) zoning. The Property is located at the southeast corner of North 166th Avenue and West Indian School Road and is within a commercial center known as The Triangle at PV303.

The conceptual QuikTrip Site Plan includes an approximately 5,312 square-foot convenience store with a 7,287 square-foot fuel canopy area, providing 8 gasoline fueling pumps that can serve up to 16 vehicles at a time. The applicant will be providing outdoor seating on the north side of the building. The Property will be accessible from N 166th Avenue and W Indian School Road. On-site parking, as reflected on the conceptual QuikTrip Site Plan, will be provided, and conforms with applicable city standards.

As shown on the conceptual building elevations submitted with the Use Permit, the design for the building will utilize the materials and colors approved for the Triangle at PV303 Master Site Plan.

Evaluation Criteria
Section 1-3-2 (Use Permits) of the Zoning Ordinance requires that the Planning and Zoning Commission and City Council determine that the proposed use meets the following findings prior to granting a Use Permit:

1. The Use Permit will not be materially detrimental to persons residing or working in the vicinity adjacent to the property, to the neighborhood, or to the public welfare;
As described in the Narrative and Conceptual Plans provided with the Use Permit, the proposed use should not produce general excessive odors, noise, or light to the detriment of the surrounding area. Traffic impacts have been reviewed and determined to be in conformance with the roadway capacity and improvements for this area. The nearest residence is approximately seven-hundred feet (700’) southeast of the Property. Within those seven-hundred feet (700’) there is an RV parking lot and pickleball courts, both facilities are a part of the PebbleCreek residential community. The Property is approximately two-hundred and forty feet (240’) from the pickleball courts. The applicant conducted a noise study, which found that the proposed QuikTrip will not generate additional noise for nearby residents and that the potential noise level at the closest residential property should be 45 dBA or lower. An additional noise study was conducted for potential noise from delivery trucks and a potential sound wall south of the Property. This report found that projected noise at the nearest residential property would approximately be 41-44 dBA and that a sound wall south of the Property would redirect noise to the east and west, increasing noise for residents east of the Property. Given the large separation, it is anticipated that the operation of the convenience use, including the proposed 24-hour operation of the use, will not have detrimental effect on this residential development.

2. The proposed use is reasonably compatible with the uses permitted in the surrounding area;
The proposed use is located within a commercial center intended for other similar uses. City Council approved a Use Permit for a Filiberto’s drive through restaurant at the Triangle at PV303 commercial center on April 26, 2021. In addition, staff approved a master site plan for this commercial center in February 2023 that includes similar commercial uses requested by the use permit, such as gas station and drive through restaurants. Furthermore, the proposed use is located within close proximity of the West Indian School Road access ramps to Arizona State Route 303. As such, the proposed use will be compatible with the existing and planned uses in the surrounding area, including hours of operation, traffic congestion, and intensity (noise, light, etc.). The nearest residential development to the Property is the PebbleCreek community, with the nearest home approximately seven-hundred feet (700’) southeast of the Property. An RV parking lot and pickleball courts facility is between the Property and the nearest residential home. Given the Property’s proximity to a freeway and the large separation from the residential uses, the proposed convenience use is appropriate for the Property.

Section 4-2-2 (Convenience Uses) of the Zoning Ordinance provides the following additional evaluation criteria for convenience uses regarding their potential impact on traffic congestion, the neighborhood in general, and their appropriateness for the site:

1. Adequacy of the parcel size and configuration to provide for proper access and internal circulation;
The approximately 1.82-acre parcel is of sufficient size and configuration to accommodate the proposed convenience store and fueling stations. The proposed access and internal traffic circulation have been designed to be consistent with approved Master Site Plan.

2. Compatibility of the proposed hours of operation with adjacent residential areas;
The QuikTrip is proposing operations twenty-four (24) hours per day, seven (7) days a week. Given the proposed use’s location within a proposed commercial center and the large separation of approximately seven-hundred feet (700’) between the QuikTrip and the residential neighborhoods, staff does not recommend any restrictions on hours of operation. Given the location of the project within the approved Master Site Plan, there will also be additional future commercial uses providing additional buffers and buildings between residential and this convenience use.

3. Required traffic mitigation measures, if any.
A traffic study was submitted and reviewed with the Use Permit, Ingress/egress will be provided from N 166th Avenue and W Indian School Road. The development will have right-in, right-out access off of W Indian School Road and a full-access drive on N 166th Avenue. There is an existing traffic light at the intersection of W Indian School Road and N 166th Avenue.
Off-site street and access improvements adjacent to the commercial center will be completed by the master developer as approved within the Master Site Plan.

4. Other concerns, which may place the advisability of the proposed convenience use in question.
Staff has found no additional concerns with the development of a Convenience Use on the Property.

Luke Air Force Base
The subject property is located within the 65 DNL zone of Luke Air Force Base. Luke Air Force Base was contacted about this project and advised there were no objection to the proposed development as the base operations will not be adversely impacted by this development.

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
#185 3.01 1.50 3.01 1.50 #183 7.31 3.66 7.31 3.66

Public Participation
In addition to the required Citizen Review Meeting, the applicant held a neighborhood meeting with the PebbleCreek community on May 22, 2023 at the Tuscany Falls Ballroom in PebbleCreek. Approximately 100 residents were in attendance. After the applicant’s presentation, residents expressed concerns with lighting, noise, odors, traffic, and hours of operations. Residents requested a sound wall to be added south of the proposed use. The applicant indicated that they would look into the impacts of a sound wall. In addition, residents requested the applicant modify their 24/7 hours of operations. The applicant explained their business model and declined the residents’ request.

The required Citizen Review Meeting scheduled for the Use Permit was held on May 29, 2023 at the Canyon Trail rooms in City Hall. Approximately 26 residents attended the meeting. After the conclusion of the applicant presentation, the residents asked about the potential future expansion for semi-truck parking and semi-truck fueling, additional crime in the area and crime at other convenience store and gas station locations throughout the city, sound and light pollution and the 24/7 nature of the business. The applicant explained they have no plans for future expansion; additionally, the Use Permit stipulations restricts truck stop/travel center service facilities and semi-truck parking uses.

In addition to neighborhood meeting feedback, the city has received twelve (12) emails from residents expressing concerns with the proposed QuikTrip due to its proposed proximity to the PebbleCreek pickleball courts, hours of operation, air pollution, traffic, and crime. Four (4) residents emailed the city expressing support for the proposed QuikTrip and new business in the city.

The Planning and Zoning Commission considered this item at their regular meeting on June 26, 2024. At the meeting, staff provided a presentation to the Commission. At the conclusion of the presentation, the Commission inquired about the proximity of the existing QuikTrip on Estrella Parkway to nearby residential. Staff stated the project is adjacent to the Christopher Todd Communities and approximately seventy-five feet (75’) from the Acero Estrella complex. The Commission asked about the approved master site plan and its depiction of the former Circle K Use Permit application. Staff clarified the master site plan served the purpose of establishing a circulation and services plan for the entire center and did not approve the convenience store and gas station use. The applicant also provided a presentation to the Commission. Fifteen (15) speaker cards were submitted at the public hearing. Seven (7) residents spoke and expressed concerns with the potential of increased traffic, crime, noise, air pollution and the potential negative impact of these matters on their health. After public comment, the Commission discussed the item. The Commission asked about the Sedella Commercial Use Permit they heard previously for another convenience store that had more stipulations than this proposed Use Permit. Staff clarified the Use Permit for Sedella Commercial included a drive-through component that required additional stipulations. Additionally, the applicant provided clarifications on the traffic report and explained that the proposed convenience store would sell tobacco and alcohol products after receiving the proper state licenses and that QuikTrip stores do not sell marijuana products. After discussion, the commissioners voted (6-1) to forward a recommendation of approval to the City Council.

STAFF FINDINGS:
As outlined herein, staff finds the proposed request for Use Permit to not be materially detrimental to persons residing or working in the vicinity adjacent to the Property, to the neighborhood, or to the public welfare and that the proposed use is reasonably compatible with uses permitted in the surrounding area. Staff further finds the request for Use Permit will meet the additional evaluation criteria for convenience uses as established in Section 4-2-2 of the Zoning Ordinance.

 

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