| AGENDA ITEM #: 8. DATE: 07/19/2021 AI #:340 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (CONVENIENCE STORE WITH GAS STATION) |
| STAFF PRESENTER(S): | Jason Barr, Assistant Planner |
OTHER PRESENTER(S):
Jonathan Naut, QuikTrip Corporation
SUMMARY
Use permit request for convenience use (convenience store with gas sales) on property zoned C-2 (GENERAL COMMERCIAL).
Recommendation
Approve a request for a Use Permit for a convenience use (convenience store with gas sales) to be constructed on an approximately 2.5-acre parcel as described in the preliminary site plan signed February 24, 2021 submitted with the Use Permit application, which is located in the C-2 (General Commercial) zoning district at the southwest corner of McDowell Road and Bullard Avenue, subject to stipulations. (Jason Barr, Assistant Planner)
STIPULATIONS
- Approval of the use permit does not constitute approval of a site plan. All future development 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
- A pedestrian plaza shall be developed in substantial conformance with the conceptual site plan and conceptual landscape plan attached hereto. Any changes to the configuration of these improvements, as shown on the conceptual site plan and/or the conceptual landscape plan attached hereto, that result from the approval of the site plan for the Property may require an amendment to the use permit as determined by the Development Services Director or designee;
- The configuration and location of the proposed building and fuel pump stations and resultant traffic patterns shall be developed in substantial conformance with the conceptual site plan attached hereto. Any changes to the configuration of these improvements, as shown on the conceptual site plan attached hereto, that result from the approval of the site plan for the Property may require an amendment to the use permit as determined by the Development Services Director or designee; and,
- All signage proposed on the subject property shall require separate review and approval of sign permits. No signage is approved as part of this use permit.
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 subject property is located within the C-2 (General Commercial) zoning district. The parcel was zoned AG (Agriculture) until it was rezoned to C-2 (General Commercial) on May 14, 2007 via ordinance 07-1070.
A preliminary plat encompassing the subject property is being reviewed concurrently with this use permit which will subdivide APN 500-10-709 into three parcels. The parcel closest to the corner of McDowell and Bullard will be the 2.5-acres for the QuikTrip site, to be known as Lot 1. To the west, on Lot 2, there is a use permit for a car wash use proposed that is currently under staff review. Lot 2 will be approximately 1.3 acres. Lot 3 is proposed to be approximately 2 acres and there is no development proposal for the lot at this time.
This application for Use Permit has not previously been before the Planning and Zoning Commission nor City Council.
A preliminary plat encompassing the subject property is being reviewed concurrently with this use permit which will subdivide APN 500-10-709 into three parcels. The parcel closest to the corner of McDowell and Bullard will be the 2.5-acres for the QuikTrip site, to be known as Lot 1. To the west, on Lot 2, there is a use permit for a car wash use proposed that is currently under staff review. Lot 2 will be approximately 1.3 acres. Lot 3 is proposed to be approximately 2 acres and there is no development proposal for the lot at this time.
This application for Use Permit has not previously been before the Planning and Zoning Commission nor City Council.
STAFF ANALYSIS
Current Policy:
A use permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process.
Details of the Request:
The applicant is requesting approval of a Use Permit to facilitate the development of a QuikTrip convenience store with gas sales on property zoned C-2 (General Commercial). The subject property consists of undeveloped area which will be subdivided to create three new lots, one of which will house the QuikTrip. The QuikTrip parcel will be approximately 2.5 acres. The parcel will be located at the intersection of McDowell Road and Bullard Avenue.
The preliminary site plan includes an approximately 5,000 square-foot convenience store with a 7,300 square-foot fuel canopy providing 16 fueling stations. Customers will have access to the corner plaza being constructed by the property owner with the first phase of development which will include a seating area.
Vehicular access to the parcel will be provided off of McDowell Road as well as Bullard Avenue. Vehicular access will also be provided by internal drives within the commercial center.
The convenience use is proposed at the intersection of two arterial streets. The Zoning Ordinance states convenience uses should not be located on an arterial street corner unless the City Council finds the development mitigates the potential impacts of having such a use on the corner. The City’s Design Guidelines states convenience uses are to provide structural and design elements that anchor the building to the corner.
Given the highly visible location of the proposed convenience use, staff, the applicant, and property owner collaborated on the design of the building elevations. The intent was to ensure that the building met the City’s design guidelines. The end result is a building design that incorporates some of the corporate identity desired by QuikTrip while adhering to the City’s design guidelines.
The convenience use is proposed to operate 24 hours a day, seven days a week. The Use Permit does not propose any restrictions on the hours or days of operation.
Evaluation Criteria:
The Zoning Ordinance defines an establishment where the primary business is the sale of food or drink for consumption from an outdoor service window or automobile service window as a “Convenience Use.” A convenience use proposed in the General Commercial (C-2) zoning district is required to obtain a Use Permit, which is to be reviewed by the Planning and Zoning Commission and approved by the City Council. Convenience uses are also subject to the provisions of Article 4-2 (Uses Requiring Additional Evaluation), which require an additional assessment regarding the appropriate location and conditions of the use or operation.
Section 1-3-2 (Use Permits) of the Zoning Ordinance provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following two findings prior to granting a Use Permit:
The proposed use is in conformance with the intent of the City’s C-2 (General Commercial) zoning district which is intended to respond to community and regional area demand for goods and services. Regarding persons residing in the area, the closest residents are about 1,745 feet away to the northeast within the Camelot at Palm Valley development. Within the 1,745 feet will be intervening commercial businesses and McDowell Road. As such, given this large separation, it is anticipated that the operation of the convenience use, including the proposed 24-hour operation of the use, will not have any detrimental effect on this residential development.
The proposed use will be located within an area intended for similar commercial uses including automotive repair, car washes, and general retail. As such, the proposed use should be compatible with the intended uses of the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.)
Surrounding land uses and zoning include:
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:
The 2.5-acre parcel is of sufficient size and configuration to accommodate the proposed convenience store and fuel canopy. The proposed access and internal traffic circulation pattern have been designed to be consistent with the overall master design for the area.
The intended QuikTrip is proposed to be open 24 hours per day, 7 days a week. Given the proposed location within commercial zoning and the large distance between the proposed use and the closest residential use being ¼ mile, staff does not recommend any hours of operation restrictions.
The convenience use will not adversely impact any public street given the size and configuration of the parcel, which provides sufficient space for vehicles to maneuver and park. The driveways into the parcel will provide the minimum distance of 80 feet between the travel lane and first commercial drive aisle, which is intended to keep commercial traffic within the center from queuing onto the public streets. The location and number of parking spaces comply with City standards.
Staff found no other concerns with the development of a convenience use on the Property.
Planning and Zoning Commission
The Planning and Zoning Commission considered this item at a public hearing held on July 7, 2021. After a presentation from staff, Commissioner Molony asked why a QuikTrip located at Bullard and McDowell would be located so close to another QuikTrip at Van Buren and Estrella. Commissioner Molony also inquired how far the two locations would be from one another. Staff answered that the Van Buren/Estrella location was approximately 1 mile west and about ½ mile south. Commissioner Steiner asked about the number of pumps at the Van Buren/Estrella location compared to the McDowell Bullard location, and the applicant answered that the two locations would have the same amount of fuel stations with 8 individual stations that have the ability to fuel on both sides for a total of 16 fueling stations. Commissioner Ellison responded to Commissioner Molony’s concern about the locations being too close together by remarking how it is convenient for him to visit gas stations on the side of the interstate that he lives on instead of having to cross over and then come back again. Upon closure of the public hearing, the Commission voted (5-1) to forward a recommendation of approval to the City Council. There was no public opposition to this item voiced at the hearing.
A use permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process.
Details of the Request:
The applicant is requesting approval of a Use Permit to facilitate the development of a QuikTrip convenience store with gas sales on property zoned C-2 (General Commercial). The subject property consists of undeveloped area which will be subdivided to create three new lots, one of which will house the QuikTrip. The QuikTrip parcel will be approximately 2.5 acres. The parcel will be located at the intersection of McDowell Road and Bullard Avenue.
The preliminary site plan includes an approximately 5,000 square-foot convenience store with a 7,300 square-foot fuel canopy providing 16 fueling stations. Customers will have access to the corner plaza being constructed by the property owner with the first phase of development which will include a seating area.
Vehicular access to the parcel will be provided off of McDowell Road as well as Bullard Avenue. Vehicular access will also be provided by internal drives within the commercial center.
The convenience use is proposed at the intersection of two arterial streets. The Zoning Ordinance states convenience uses should not be located on an arterial street corner unless the City Council finds the development mitigates the potential impacts of having such a use on the corner. The City’s Design Guidelines states convenience uses are to provide structural and design elements that anchor the building to the corner.
Given the highly visible location of the proposed convenience use, staff, the applicant, and property owner collaborated on the design of the building elevations. The intent was to ensure that the building met the City’s design guidelines. The end result is a building design that incorporates some of the corporate identity desired by QuikTrip while adhering to the City’s design guidelines.
The convenience use is proposed to operate 24 hours a day, seven days a week. The Use Permit does not propose any restrictions on the hours or days of operation.
Evaluation Criteria:
The Zoning Ordinance defines an establishment where the primary business is the sale of food or drink for consumption from an outdoor service window or automobile service window as a “Convenience Use.” A convenience use proposed in the General Commercial (C-2) zoning district is required to obtain a Use Permit, which is to be reviewed by the Planning and Zoning Commission and approved by the City Council. Convenience uses are also subject to the provisions of Article 4-2 (Uses Requiring Additional Evaluation), which require an additional assessment regarding the appropriate location and conditions of the use or operation.
Section 1-3-2 (Use Permits) of the Zoning Ordinance provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following two findings prior to granting a Use Permit:
- 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
The proposed use is in conformance with the intent of the City’s C-2 (General Commercial) zoning district which is intended to respond to community and regional area demand for goods and services. Regarding persons residing in the area, the closest residents are about 1,745 feet away to the northeast within the Camelot at Palm Valley development. Within the 1,745 feet will be intervening commercial businesses and McDowell Road. As such, given this large separation, it is anticipated that the operation of the convenience use, including the proposed 24-hour operation of the use, will not have any detrimental effect on this residential development.
- The proposed use is reasonably compatible with uses permitted in the surrounding area.
The proposed use will be located within an area intended for similar commercial uses including automotive repair, car washes, and general retail. As such, the proposed use should be compatible with the intended uses of the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.)
Surrounding land uses and zoning include:
- North- McDowell Road and undeveloped property entitled for mixed uses including single family residential, multi-family residential, townhomes, commercial, and open space. The site was previously designated to become Goodyear Planned Regional Center.
- South- Two (2) undeveloped pads and two hotels: Springhill Suites and Tru Hotel.
- East- Bullard Avenue and developed commercial property in At Home District PAD.
- West- Undeveloped commercial property with mixed uses as part of Goodyear Planned Regional Center.
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:
- Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
The 2.5-acre parcel is of sufficient size and configuration to accommodate the proposed convenience store and fuel canopy. The proposed access and internal traffic circulation pattern have been designed to be consistent with the overall master design for the area.
- Compatibility of the proposed hours of operation with adjacent residential areas.
The intended QuikTrip is proposed to be open 24 hours per day, 7 days a week. Given the proposed location within commercial zoning and the large distance between the proposed use and the closest residential use being ¼ mile, staff does not recommend any hours of operation restrictions.
- Required traffic mitigation measures, if any:
The convenience use will not adversely impact any public street given the size and configuration of the parcel, which provides sufficient space for vehicles to maneuver and park. The driveways into the parcel will provide the minimum distance of 80 feet between the travel lane and first commercial drive aisle, which is intended to keep commercial traffic within the center from queuing onto the public streets. The location and number of parking spaces comply with City standards.
- Other concerns, which may place the advisability of the proposed convenience use in question.
Staff found no other concerns with the development of a convenience use on the Property.
Planning and Zoning Commission
The Planning and Zoning Commission considered this item at a public hearing held on July 7, 2021. After a presentation from staff, Commissioner Molony asked why a QuikTrip located at Bullard and McDowell would be located so close to another QuikTrip at Van Buren and Estrella. Commissioner Molony also inquired how far the two locations would be from one another. Staff answered that the Van Buren/Estrella location was approximately 1 mile west and about ½ mile south. Commissioner Steiner asked about the number of pumps at the Van Buren/Estrella location compared to the McDowell Bullard location, and the applicant answered that the two locations would have the same amount of fuel stations with 8 individual stations that have the ability to fuel on both sides for a total of 16 fueling stations. Commissioner Ellison responded to Commissioner Molony’s concern about the locations being too close together by remarking how it is convenient for him to visit gas stations on the side of the interstate that he lives on instead of having to cross over and then come back again. Upon closure of the public hearing, the Commission voted (5-1) to forward a recommendation of approval to the City Council. There was no public opposition to this item voiced at the hearing.
Attachments
- Aerial Photo
- Project Narrative
- Conceptual Site Plan
- Conceptual Building Elevations
- Conceptual Landscape Plan
- Presentation