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AGENDA ITEM #: .
DATE: August 13, 2025
CAR #:

CASE #: {Case#}
Planning & Zoning Commission ACTION REPORT
 
SUBJECT: USE PERMIT FOR A CONVENIENCE USE (CONVENIENCE STORE WITH A GAS STATION)
 
STAFF PRESENTER(S): Kyle Abbott, Senior Planner

OTHER PRESENTER(S):

Jeffrey Koski, Archicon Architecture & Interiors, L.C.

SUMMARY:

The request is for a Use Permit for a Convenience Use (Terrible’s convenience store with a gas station) proposed on an approximately 1.29-acre property zoned C-2 General Commercial located at the southeast corner of W. Virginia Avenue and N. PebbleCreek Parkway.

RECOMMENDATION:

  1. Conduct a public hearing to consider a request for a Use Permit for a Convenience Use (Terrible’s convenience store with a gas station) proposed on an approximately 1.29-acre property zoned C-2 General Commercial located at the southeast corner of W. Virginia Avenue and N. PebbleCreek Parkway.
  2. Recommend conditional approval of the Use Permit request for a Convenience Use (Terrible’s convenience store with a gas station) proposed on an approximately 1.29-acre property zoned C-2 General Commercial located at the southeast corner of W. Virginia Avenue and N. PebbleCreek Parkway (the “Property”) subject to stipulations. (Kyle Abbott, Senior Planner)

STIPULATIONS:

The approval of the Use Permit is subject to the Conditions of Approval (Attachment F).

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 consists of approximately 1.29 acres of land and is located at the southeast corner of W. Virginia Avenue and N. PebbleCreek Parkway (Attachment A). The Property is zoned C-2 General Commercial which was approved by City Council on May 21, 2006, with the adoption of Ordinance No. 2006-1006. The C-2 General Commercial zoning designation establishes convenience uses such as a convenience store with a gas station as a use that requires approval of a Use Permit.
This application for a Use Permit has not been previously presented to the Planning and Zoning Commission or 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 Terrible’s convenience store with a gas station on property zoned C-2 General Commercial. The Property is located at the southeast corner of W. Virginia Avenue and N. PebbleCreek Parkway.
The conceptual site plan (Attachment B) includes an approximately 5,191 square-foot convenience store with an approximately 2,744 square-foot fuel canopy area, providing four (4) gasoline fueling pumps that can serve up to eight (8) vehicles at a time. The applicant will be providing a trellis-shaded bench for customers on the north side of the convenience store building. The property will be accessible from W. Virginia Avenue and N. PebbleCreek Parkway. The on-site parking, as reflected on the conceptual site plan and conceptual landscape plan (Attachment C), will be provided in conformance with the applicable city standards.
As shown on the conceptual building and fuel canopy elevations (Attachment D) submitted with the Use Permit, the design for the building will utilize a variety of materials and colors including porcelain wall tile and stone.

Evaluation Criteria:
Section 1-3-2 (Use Permits) and Section 4-2-2 (Convenience Uses) of the Zoning Ordinance provide Evaluation Criteria (Attachment G).

Luke Air Force Base:
The subject property is located in territory in the vicinity 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 impact by this development.

Fire Department:
Emergency response times and distances are provided below:
Nearest Goodyear Fire Station Shortest path 2nd Nearest Goodyear Fire Station Shortest path
Mins Miles Mins Miles
Fire Station #185 1.6 1.04 Fire Station #183 4.21 2.99

Public Participation:
In accordance with the city’s Citizen Review Ordinance, a neighborhood meeting was held on June 18, 2025, at the City Hall, Canyon Trails conference rooms. Notice of the neighborhood meeting was mailed to all property owners within 500 feet of the property on June 3, 2025, and a sign was posted on the property.
One person attended the meeting in support of the project and stated they were looking forward to that corner being developed.
Staff received one email from a concerned resident who was questioning why a convenience store would be allowed to be built at this location. The resident had concerns about neon lights and signage. All outdoor lighting on the property is required to conform to the standards established in Article 10 (Outdoor Light Standards) of the City of Goodyear Zoning Ordinance. Additionally, the resident asked for a large wall to surround the Use Permit property. The applicant proposes screen walls along street frontages, which meet the city requirements for screening.
Notices for the public hearings before the Planning and Zoning Commission and City Council on August 13 and August 25, respectively, included the following: a notice mailed to the 20 property owners within 500 feet of the property on June 22, 2025; three (3) signs posted on the property on June 6, 2025; and, a legal notice published on July 25, 2025, in the Arizona Republic, Southwest Edition.

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.

Attachments