| ITEM #: 1. DATE: 09/09/2024 AI #:1974 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | REVIEW OF USE PERMITS AND STANDARDS FOR GAS STATIONS |
| STAFF PRESENTER(S): | Katie Wilken, AICP, Development Services Director and Christian M. Williams, AICP, Planning Manager |
Summary
Policy direction on whether to eliminate the requirement for Use Permits for certain uses and adopt standard requirements for those uses and others. (Katie Wilken, Development Services Director and Christian Williams, Planning Manager)
FISCAL IMPACT
This is a discussion item. There is no fiscal impact as a result of this Work Session discussion.
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.
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.
Pursuant to Section 4-2-2 of the Zoning Ordinance (Convenience Use), 4-3-3 of the Zoning Ordinance (Service Stations, Automotive), gas stations and convenience stores are considered 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.
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.
Pursuant to Section 4-2-2 of the Zoning Ordinance (Convenience Use), 4-3-3 of the Zoning Ordinance (Service Stations, Automotive), gas stations and convenience stores are considered 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.
STAFF ANALYSIS
Current Policy:
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 proposed changes to the City Zoning Ordinance that would have impacts on the following uses:
Staff Findings:
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 proposed changes to the City Zoning Ordinance that would have impacts on the following uses:
- Automobile Service Station (Gas Stations) and Truck Stops
- Convenience Stores
- The changes would allow, without the need for Use Permits, for gas stations located within the commercial zoning districts provided truck fueling is not provided, but only no more than two gas stations would be allowed within a quarter mile of the nearest right-of-way line of existing or planned intersection of two arterial unless one of them is an accessory use and no more than one gas station will be allowed on the same corner unless one of them is an accessory use;
- The changes would allow gas stations that provide semi-truck fueling to be located in the industrial zoning districts without a use permit and would allow gas stations that provide semi-truck fueling in a C-2 zoning district, subject to a use permit, if located within (300) feet of an industrial zoning district, a major highway, the Freeway Overlay District and/or major truck route;
- The changes would allow truck stops to be located in the general industrial zoning district (I-2) outside of both the Luke Air Force Base and Phoenix-Goodyear Airport noise contour area subject to a Special Use Permit;
- The changes would include changes to definitions in the Zoning Code that make it clear with use permits and special use permits will be required, including:
- Adding a definition of Truck Stop/Travel Center to provide clear regulatory direction, thereby eliminating on-going disputes over what is or is not a Truck Stop.
- Amending the definition of Automotive Repair to clarify that this does not include facilities preforming body and/or fender work.
- Amending the definition of Automobile Service Station (Gas Stations) to allow for electric vehicle charging and to exclude truck stops/travel centers from the definition.
- Adding a definition of a convenience store to include any retail store less than 7,500 square foot that does not include a drive through that sells general merchandise.
- Amending the definition of convenience uses to clarify that this use is defined by the fact it has drive-through facilities.
Planning and Zoning Commission Recommendation of Approval for Ordinance Pertaining to Automobile Service Station (Gas Stations), Convenience Stores and Truck Stops:
On August 14, 2024, a public hearing was held before the Planning and Zoning Commission on August 14, 2024, and at that meeting the Commission voted (7-0) to recommend approval of proposed Ordinance No. 2024-1613. If approved this ordinance would amend the Goodyear Zoning Ordinance by adding new definitions and modifying 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.
- 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).
- 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).
- 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).
- 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.
- 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.
Staff Findings:
The Planning and Zoning Commission and City Council have had substantial experience in regulating the location of gas stations by use permits and special use permits. This experience provides an opportunity to streamline the process for approving gas stations.
The proposed changes incorporate regulations that have been regularly imposed when granting gas station use and special use permits and provides clear direction as to where those uses are most appropriate and the requirements that are applicable to such uses. While limiting the number of gas stations within the commercial zoning districts to avoid an over saturation of gas stations. The proposed changes, with its adoption of standards for gas stations without semi-truck fueling, its retention of a use permit requirement for a gas station within the C-2 Commercial Zoning District when located in certain areas, and its limitation of truck stops/travel centers to the General Industrial (I-2) Zoning District subject to a special use permits will preserve the quality of life for our residents.
The proposed changes incorporate regulations that have been regularly imposed when granting gas station use and special use permits and provides clear direction as to where those uses are most appropriate and the requirements that are applicable to such uses. While limiting the number of gas stations within the commercial zoning districts to avoid an over saturation of gas stations. The proposed changes, with its adoption of standards for gas stations without semi-truck fueling, its retention of a use permit requirement for a gas station within the C-2 Commercial Zoning District when located in certain areas, and its limitation of truck stops/travel centers to the General Industrial (I-2) Zoning District subject to a special use permits will preserve the quality of life for our residents.