The request is for a Use Permit for a Convenience Use (QuikTrip convenience store with a gas station) proposed on an approximately 5.13-acre portion of a larger 15.19 acre lot, on the southwest corner of MC-85 & South Estrella Parkway (Attachment A). The subject property is currently zoned C-2 (General Commercial) under the Estrella Commerce Park Planned Area Development (PAD) Overlay.

1. Conduct a public hearing to consider a request for a Use Permit for a QuikTrip convenience store with a gas station proposed on an approximately 5.13-acre portion of parcel 500-06-040B, located on the southwest corner of MC-85 & South Estrella Parkway. The subject property is currently zoned C-2 (General Commercial) under the Estrella Commerce Park Planned Area Development (PAD) Overlay.
2. Recommend conditional approval of the Use Permit request for a Convenience Use (QuikTrip convenience store with a gas station) on a 5.13-acre portion of parcel 500-06-040B, located at the southwest corner of MC-85 & South Estrella Parkway (the “Property”) subject to stipulations. (Justin Gabrielson, Senior Planner)

1. The QuikTrip No. 1541 Conceptual Site Plan (Attachment C)attached hereto is not approved with the Use Permit.  Development of the Property will be subject to site plan review and administrative 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 Property shall be developed in substantial conformance with the QuikTrip No. 1541 Conceptual Site Plan attached hereto ; and,
2. The configuration and location of the landscaping, proposed building and fuel pump stations within the Property shall be developed in substantial conformance with the QuikTrip No. 1541 Conceptual Site Plan (Attachment C), the QuikTrip No. 1541 Conceptual Landscape Plans(Attachment D), the QuikTrip No. 1541 Conceptual Building Elevations – Color (Attachment E), and the QuikTrip No. 1541 Conceptual Fuel Canopy Elevations – Color(Attachment F) 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 designee; and,
3. Signage is not approved with the approval of this Use Permit. All signage on the Property shall comply with Article 7 (Sign Regulations) of the City of Goodyear Zoning Ordinance; and,
4. 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
5. The proposed corner seating (Attachment G) area located at the northeast corner of the Property, as shown in the attached QuikTrip No. 1541 Conceptual Landscape Plans, shall be constructed prior to the issuance of a Certificate of Occupancy for any structure on the Property.
6. In no event shall the Property contain a truck stop/travel center. A truck stop/travel center includes, 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. A truck stop/travel center does not include fueling stations for semi-trucks; and,
7. Long term on-site parking and/or overnight parking for semi-trucks and similar accommodations are prohibited within the Property; and,
8. 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.

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.
 

The subject property consists of an approximately 5.13-acre portion of a larger 15.19-acre property, generally located at the southwest corner of MC-85 & South Estrella Parkway.
The subject property was zoned General Commercial (C-2) with Planned Area Development (PAD) Overlay with Ordinance No. 07-1068.

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.

Surrounding Properties:

1. North – Budget Mini Storage
2. South – Vacant Land that is also a part of the Estrella Commerce Park Planned Area Development Overlay;
3. East – Vacant Land that is also a part of the Estrella Commerce Park Planned Area Development Overlay;
4. West – Vacant Land that is also a part of the Estrella Commerce Park Planned Area Development Overlay;

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 on an approximately 5.13-acre property within the Estrella Commerce Park PAD Overlay with C-2 (General Commercial) zoning. The Property is located at the southwest corner of MC-85 and South Estrella Parkway.
The proposed QuikTrip Site Plan includes an:

1. An approximately 5,312 square-foot convenience store.
2. An 8,176 square-foot auto fuel canopy area with 10 gasoline fueling pumps for up to 20 vehicles.
3. A 2,554 square foot truck fueling canopy area with 4 semi-truck fueling pumps which can serve up to 8 semi-trucks at once.

No other truck stop service will be provided, and no overnight parking shall be allowed.

The applicant will be providing outdoor seating on the northeast corner of the lot. The Property will be accessible from MC-85 and South Estrella Parkway. On-site parking, as reflected on the QuikTrip No. 1541 Conceptual Site Plan, will be provided, and conforms with applicable city standards.
As shown on the proposed QuikTrip No. 1541 Conceptual Building Elevations submitted with the Use Permit, the design for the building will utilize the materials and colors that meet the City Design Guidelines and will act as a base for the remainder of the site.

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 (Attachment B) and conceptual plans provided with the Use Permit, the proposed use should not 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 ±3,000 feet southeast of the Property. Estrella Commerce Park Phase 1 is located within those ±3,000, a site plan was administratively approved for its development on August 2, 2022. There are also several farm sites within the area.
2. The proposed use is reasonably compatible with the uses permitted in the surrounding area;
   The proposed use is expected to be the start of a future commercial center intended for similar uses. Furthermore, the proposed use is located  near MC-85. 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 residence is approximately ±3,000 feet southeast of the Property. Estrella Commerce Park Phase 1 and several farm sites are located within that ±3,000-foot buffer.

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 5.13-acre parcel is of sufficient size and configuration to accommodate the proposed convenience store and fueling stations and meet the appropriate access and circulation standards.
2. Compatibility of the proposed hours of operation with adjacent residential areas;
   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 (±3000 feet) to residential neighborhoods, staff does not recommend any restrictions on hours of operation.
3. Required traffic mitigation measures, if any.
   A traffic study was submitted with the application for the Use Permit.  Ingress/egress will be provided from S Estrella Parkway and W Broadway Road.  The development will have right-in, right-out access off S Estrella Parkway, 3/4 access (left-in, right-in, right-out) access at S Estrella Parkway & W Broadway Road, and 3/4 access onto MC85.
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 not located within any zone regarding Luke Airforce base.

Fire Department
Emergency response times and distances are provided below:   Public Participation
A neighborhood meeting was not required due to the Property's location being over five hundred (500) feet from residential uses. However, an Alternate Citizen Review notice was sent to the property owners within five hundred (500) feet of the property informing them of the project, and public hearings. At the time of the completion of this staff report, staff has not received questions, comments, or concerns regarding the project.

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.