| AGENDA ITEM #:P24-00057 DATE: August 14, 2024 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | AMENDMENT TO ZONING ORDINANCE REGULATIONS RELATED TO CONVENIENCE USES, AUTOMOTIVE REPAIR, AUTOMOBILE SERVICE STATION (GAS STATIONS), USE PERMITS, AND SPECIAL USE PERMITS |
| STAFF PRESENTER(S): | Christian M. Williams, AICP, Planning Manager |
SUMMARY:
This is a staff-initiated request to amend Articles 2, 3 and 4 of the Zoning Ordinance to allow automobile service stations (gas stations).
RECOMMENDATION:
- Conduct a public hearing for a request to consider a Zoning Ordinance Text Amendment to Articles 2-2 (Definitions), 3-3(Commercial Districts), 3-4 (Industrial Districts), 4 (Regulations of Particular Uses) and 4-2 (Uses Requiring Additional Evaluation) of the City of Goodyear Zoning Ordinance.
- Recommend approval of a request to consider a Zoning Ordinance Text Amendment to Articles 2-2 (Definitions), 3-3 (Commercial Districts), 3-4 (Industrial Districts), 4 (Regulation of Particular Uses) and 4-2 (Uses Requiring Additional Evaluation) of the City of Goodyear Zoning Ordinance related to certain convenience uses, self-service storage facilities, automotive repair and automobile service station (gas stations) being Permitted Uses in certain zoning districts subject to newly adopted regulations without the need for use permits or special use permits, as reflected in the proposed ordinance 2024-1613. (Christian M. Williams, AICP, Planning Manager)
FISCAL IMPACT:
There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.
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 when deemed necessary 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 City Council in May 1999 and has been the subject of a number of amendments since that time. The purpose of this text amendment is to streamline processes and save time for the development community, proactively enhancing efficiency; this entails moving certain uses from requiring a Use Permit or Special Use Permit to Permitted with development standards.
STAFF ANALYSIS
Current Policy:
Details of the Request:
If approved by Council, the ZOTA would result in an approximately four-to-six-month reduction of time to approve impacted development projects. Our partners in the development community would realize time savings in the development process through the creation of criteria for administrative review (staff-level approval within policy framework constraints) without the need for a Use Permit or Special Use Permit, when certain conditions are met. This proposal seeks to create conditions which will remove the need for Public Hearings, for the uses listed within this staff report.
The following is a summary of the changes proposed by the ZOTA, by use type:
Automobile Service Stations (Gas Stations):
For any existing Use Permit approved for the above referenced uses, the property owner would be entitled to give up the Use Permit and benefit from the proposed regulation or alternatively, can keep the rights granted by the Use Permit or Special Use Permit and continue to abide by any stipulations imposed as a condition of granting that Use Permit or Special Use Permit.
Evaluation Criteria:
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
Public Participation:
To obtain a Use Permit an applicant may incur an additional four-to-six-month processing time, prior to Site Plan approval, and the application must follow the Public Hearing process.
Pursuant to Section 3-3 (Commercial Districts) and 4-2 (Uses Requiring Additional Evaluation) of the Zoning Ordinance gas stations and convenience stores are permitted in C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts with a Use Permit.
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.
Pursuant to Section 3-3 (Commercial Districts) and 4-2 (Uses Requiring Additional Evaluation) of the Zoning Ordinance gas stations and convenience stores are permitted in C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts with a Use Permit.
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:
This request for text amendment is to add new definitions and to modify definitions and standards related to automotive repair facilities, gas stations and convenience uses. The proposed text amendment includes the revisions to the following provisions in the Goodyear Zoning Ordinance for the purposes described:
- Article 2-2 (Definitions): Amends the definitions of “Automotive Repair” and “Service Station, Automotive” to delineate between automotive repair uses and gas stations; adds a definition for “Convenience Store”; amends the definition of “Convenience Uses”, which require use permits to remove gas stations and modifying the stores that require a use permit to only stores with drive-through facilities; adds the definition of “Truck Stop/Travel Center” to differentiate between gas stations and truck stops; and
- Sections 3-3-2(A) and 3-3-2(C) are amended to allow gas stations without commercial fueling stations for semi-trucks and subject to regulations and convenience stores without drive-through facilities subject to regulations as principal permitted uses in the C-1 (Neighborhood Commercial District), and removing gas stations as a use permit use in the C-1 (Neighborhood Commercial District); and,
- Sections 3-3-3(A) and 3-3-3(C) are amended to allow gas stations without commercial fueling stations for semi trucks and subject to regulations as well as convenience stores without drive-through facilities subject to regulations as principal permitted uses in the C-2 (General Commercial District) and removing gas stations as use permit uses in the C-2 (General Commercial District) ; and,
- Sections 3-4-1(A) and 3-4-2(A) are amended to allow gas stations subject to regulations as principal permitted uses in the I-1 (Light Industrial Park) and in the I-2 (General Industrial Park); and,
- Section 4-1-3 (Special Uses Considered in Specified Districts) is amended to make minor modifications as well as to allow Truck Stops/Travel Centers as a special use within I-2 (General Industrial Park) when outside both the Luke Air Force Base and Phoenix-Goodyear Airport noise contour area.
- Section 4-2-2 (Convenience Uses) is amended to make minor modifications to the requirements for the evaluation of convenience uses; and
- Section 4-2-3 (Automobile Service Station (Gas Stations) Regulations) is amended to adopt regulations for gas stations, which previously required a use permit but are now being permitted as principal uses in various zoning districts; and
If approved by Council, the ZOTA would result in an approximately four-to-six-month reduction of time to approve impacted development projects. Our partners in the development community would realize time savings in the development process through the creation of criteria for administrative review (staff-level approval within policy framework constraints) without the need for a Use Permit or Special Use Permit, when certain conditions are met. This proposal seeks to create conditions which will remove the need for Public Hearings, for the uses listed within this staff report.
The following is a summary of the changes proposed by the ZOTA, by use type:
Automobile Service Stations (Gas Stations):
- All Automobile Service Stations (Gas Stations), regardless of location, shall meet the following requirements:
- The outside display of tires, oil or other sale items is prohibited.
- If located within three hundred (300) feet of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways) or within three hundred (300) feet of an existing or planned signalized intersection, shall include (i) a two thousand five hundred (2,500) square foot or larger plaza with shade structure and seating (up to 50% of the plaza landscaping may be designed within the street side landscape setback right-of-way) or (ii) the fuel canopy shall be located to the rear of the building, not facing the intersection.
- Shall not be located within two hundred fifty (250) feet of residential districts (excluding open space tracts or greenbelts in a developed or platted residential neighborhood), unless separated by a public roadway, canal, or railroad track.
- Electric vehicle charging is permitted.
- Convenience Stores are permitted.
- Automobile Service Stations (Gas Stations) are a Permitted Use within the C-1 (Neighborhood Commercial) Zoning District subject to the following:
- No more than two (2) Automobile Service Stations (Gas Stations) are permitted within a quarter mile of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways), unless one of them is an Accessory Use.
- No more than one (1) Automobile Service Stations (Gas Stations) is permitted on the same corner (quadrant) of the intersection, unless one of them is an Accessory Use.
- Allowed in the C-2 (General Commercial) District as an Accessory Use to Large Retail User or retail stores of fifty thousand (50,000) square feet or larger.
- Semi-Truck fueling is prohibited
- On-site semi-truck parking or overnight parking accommodations are prohibited.
- Truck stop facilities are prohibited.
- No more than two (2) Automobile Service Stations (Gas Stations) are permitted within a quarter mile of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways), unless one of them is an Accessory Use.
- Automobile Service Stations (Gas Stations) will be a Permitted Use within the C-2 (General Commercial) Zoning District subject to the following:
- No more than two (2) service stations are permitted within a quarter mile of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways), unless one of them is an Accessory Use.
- No more than one (1) Automobile Service Stations (Gas Stations) is permitted on the same corner (quadrant) of the intersection, unless one of them is an Accessory Use.
- Allowed in the C-2 (General Commercial) District as an Accessory Use to Large Retail User or retail stores of fifty thousand (50,000) square feet or larger.
- Semi-Truck fueling may be permitted if located within three hundred (300) feet of an industrial zoning district, major highway or the Freeway Overlay District and/or major truck route subject to approval of a Use Permit.
- On-site semi-truck parking or overnight parking accommodations are prohibited.
- Truck stop facilities are prohibited.
- No more than two (2) service stations are permitted within a quarter mile of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways), unless one of them is an Accessory Use.
- Automobile Service Stations (Gas Stations) will be a Permitted Use within the I-1 (Light Industrial Park) Zoning Districts subject to the following:
- Semi-Truck fueling is permitted.
- On-site semi-truck parking or overnight parking accommodations are prohibited.
- Truck stop facilities are prohibited.
- Automobile Service Stations (Gas Stations) will be a Permitted Use within the I-2 (General Industrial Park) Zoning Districts subject to the following:
- Semi-Truck fueling is permitted.
- On-site semi-truck parking, overnight parking accommodations or Truck stop facilities (outside of the Luke Air Force Base or Phoenix Goodyear Airport Noise contour area having a day-night average sound level of 65 decibels or higher.) are permitted if a Special Use Permit is obtained.
Convenience Store (without drive-through facilities):
- Convenience Stores will no longer require a Use Permit with gas stations.
- Convenience Stores without drive-through facilities are a Permitted Use within the C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zoning Districts.
- Convenience Stores with drive-through facilities will require a Use Permit.
For any existing Use Permit approved for the above referenced uses, the property owner would be entitled to give up the Use Permit and benefit from the proposed regulation or alternatively, can keep the rights granted by the Use Permit or Special Use Permit and continue to abide by any stipulations imposed as a condition of granting that Use Permit or Special Use Permit.
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The amendment is intended to streamline the development process. If approved, several months (approximately 4-6 months) of processing time will be removed from the development process which will result in a time and financial savings to the customer. The amendment also provides clarity to residents as to where uses requiring additional evaluation may locate.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
This text amendment is not being driven by a change in law, statutory or case law; rather this staff-initiated amendment is a proactive response to streamlining the development process.
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
With this text amendment, there will be additional certainty for nearby resident and business owners as to what might locate on certain properties within the city, clarity for the development community as to where certain uses may locate by-right.
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
The following 2025 General Plan Goals support the proposed Zoning Ordinance Tex Amendment:
Objective GD?1?1. Establish a land use hierarchy and community form that maintains a broad variety of land uses and responds to the community’s vision and needs.
Objective GD-2-4. Protect community assets from encroachment and incompatible land uses.
Objective CC-1-1. Create and foster complete neighborhoods.
Objective CC-1-3. Foster the creation and maintenance of attractive, high quality neighborhoods.
Objective GD-2-4. Protect community assets from encroachment and incompatible land uses.
Objective CC-1-1. Create and foster complete neighborhoods.
Objective CC-1-3. Foster the creation and maintenance of attractive, high quality neighborhoods.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. The proposed text amendment provides clarity as to where uses requiring additional evaluation should locate.
Public Participation:
On March 13, 2024, the Planning and Zoning Commission held a Work Session to discuss the proposed changes requested within a draft proposal for a Zoning Ordinance Text Amendment and provided city staff with feedback.
On March 18, 2024, the City Council held a Work Session to discuss the proposed changes requested within this Zoning Ordinance Text Amendment and provided city staff with additional feedback and recommendations for the creation of a proposed Zoning Ordinance Text Amendment.
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic West Valley Edition on July 26, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website and distributed to members of the Goodyear Development Advisory Forum on March 27, 2024.
On March 18, 2024, the City Council held a Work Session to discuss the proposed changes requested within this Zoning Ordinance Text Amendment and provided city staff with additional feedback and recommendations for the creation of a proposed Zoning Ordinance Text Amendment.
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic West Valley Edition on July 26, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website and distributed to members of the Goodyear Development Advisory Forum on March 27, 2024.