| AGENDA ITEM #:21-300-00011 DATE: April 12, 2023 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (CIRCLE K CONVENIENCE STORE WITH A GAS STATION) |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Planner |
OTHER PRESENTER(S):
Jodi Hamill, Land Development Consultants LLC
SUMMARY:
A Use Permit request for a Convenience Use (Circle K convenience store with a gas station) proposed on an approximately 4.3-acre parcel located at the southeast corner of West Indian School Road and North 166th Avenue. The property is zoned Planned Area Development with underlying C-2 (General Commercial) designation, within the PV303 Planned Area Developed (PAD).
RECOMMENDATION:
- Conduct a public hearing to consider a request for a Use Permit for a Convenience Use (Circle K convenience store with a gas station) on an approximately 4.3-acre parcel within PV303 Planned Area Developed (PAD), located at southeast corner of Indian School Road and 166th Avenue.
- Recommend approval of Use Permit request for a Convenience Use (Circle K convenience store with a gas station) on Parcel 4 and portions of Parcel 6 of the final plat of the PV303 East II Phase 1 recorded on February 16, 2018 in the official records of Maricopa County at Book 1370 of Maps Page 10 (Instrument 20180122777) (the “Property”) subject to stipulations. (Guadalupe Ortiz Cortez, Planner)
STIPULATIONS:
1. All future development on Parcel 4 and portions of Parcel 6 of the final plat of the PV303 East II Phase 1 recorded on February 16, 2018 in the official records of Maricopa County at Book 1370 of Maps Page 10 (Instrument 20180122777) (the “Property”) 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;
2. The convenience use permitted herein shall be developed in conformance with the attached Circle K Site Plan, the Circle K Landscape Plans, the Circle K Conceptual Building Elevations – Color, the Circle K Conceptual Fuel Canopy Elevations – Color, and the Circle K Conceptual High Speed Diesel Elevations 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;
3. No building permits shall be issued for development of the convenience use permitted herein until a replat is recorded that creates one lot for the approximate 4.3 acre parcel upon which the convenience use is to be developed;
4. 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;
5. 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
6. 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.
2. The convenience use permitted herein shall be developed in conformance with the attached Circle K Site Plan, the Circle K Landscape Plans, the Circle K Conceptual Building Elevations – Color, the Circle K Conceptual Fuel Canopy Elevations – Color, and the Circle K Conceptual High Speed Diesel Elevations 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;
3. No building permits shall be issued for development of the convenience use permitted herein until a replat is recorded that creates one lot for the approximate 4.3 acre parcel upon which the convenience use is to be developed;
4. 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;
5. 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
6. 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.
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 PV303 Planned Area Development and has an underlying C-2 (General Commercial) designation. The PAD zoning was approved by City Council on June 27, 2018 with the adoption of Ordinance 2018-1391.
A Master Site Plan for the Triangle at PV303 was administratively approved by staff on February 24, 2023.
A replat of a portion of the Final Plat of PV303 East II Phase 1 encompassing the Property is in review. The replat will the reconfigure boundaries for Parcels 4, 5, 6, and 7 of the Final Plat of PV303 East II Phase 1 into 5 total lots. The PV303 East II Phase 1 was approved by City Council on November 20, 2017. If the replat is approved, the 4.3-acre subject property will be located wholly on Lot 1 of the newly created plat.
To expedite development requiring a Use Permit or Special Use Permit, staff implemented a process pursuant to which the use permit and site plan submittals are reviewed and completed concurrently. Prior to bringing a Use Permit or Special Use Permit before Council, the site plan, including the supporting documents are approved pending Council’s approval of the Use Permit or Special Use Permit as applicable. In this case, staff has approved, subject to Council’s approval of the requested Use Permit, the site plan submittal for the development of the Property, including, but not limited to the Site Plan and the Rendered Exterior Elevations for Circle K, copies of which are attached hereto.
This application for Use Permit has not been previously presented to the Planning and Zoning Commission or City Council.
A Master Site Plan for the Triangle at PV303 was administratively approved by staff on February 24, 2023.
A replat of a portion of the Final Plat of PV303 East II Phase 1 encompassing the Property is in review. The replat will the reconfigure boundaries for Parcels 4, 5, 6, and 7 of the Final Plat of PV303 East II Phase 1 into 5 total lots. The PV303 East II Phase 1 was approved by City Council on November 20, 2017. If the replat is approved, the 4.3-acre subject property will be located wholly on Lot 1 of the newly created plat.
To expedite development requiring a Use Permit or Special Use Permit, staff implemented a process pursuant to which the use permit and site plan submittals are reviewed and completed concurrently. Prior to bringing a Use Permit or Special Use Permit before Council, the site plan, including the supporting documents are approved pending Council’s approval of the Use Permit or Special Use Permit as applicable. In this case, staff has approved, subject to Council’s approval of the requested Use Permit, the site plan submittal for the development of the Property, including, but not limited to the Site Plan and the Rendered Exterior Elevations for Circle K, copies of which are attached hereto.
This application for 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 Circle K convenience store with a gas station on property within the PV303 PAD with underlying C-2 (General Commercial) zoning. The property is located at the southeast corner of North 166th Avenue and West Indian School Road and is within a commercial center known as The Triangle at PV303.
The Circle K Site Plan includes an approximately 5,200 square-foot convenience store with a 4,608 square-foot fuel canopy area, providing 7 gasoline fueling stations and a 1,680 square-foot diesel canopy area, providing 4 diesel fueling stations. The applicant will be providing outdoor patio tables on the northwest side of the proposed building for customers.
The property will be accessible from N 166th Avenue and W Indian School Road. On-site parking, as reflected in the Site Plan, conforms with applicable city standards. The applicant is also providing 7 semi-truck parking spaces for truck drives who want to fuel their truck and shop at the convenience store.
As shown on the proposed building elevations submitted with the Use Permit, the design for the building will utilize the materials and colors approved for the Triangle at PV303 Master Site Plan.
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 materials provided with the use permit, the proposed use should not generate 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 550 feet east of the subject property. Given the 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.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed use is located within a commercial center intended for similar commercial uses. Furthermore, the proposed use is located within close proximity to the W Indian School Road and Arizona State Route 303 Loop access ramps. As such, the proposed use will be compatible with the existing and planned uses in the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest existing residential development (±550 feet) is located to the east (within in the PebbleCreek community). Given the property’s proximity to a freeway and the large separations from the residential uses, the proposed Convenience Use is appropriate for the property.
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 4.3-acre parcel is of sufficient size and configuration to accommodate the proposed convenience store and fueling stations. The proposed access and internal traffic circulation pattern have been designed to be consistent with the Master Site Plan.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
Circle K is proposing 24 hours operations, seven days a week. Given the proposed use’s location within a proposed commercial center and the large separation ((±550 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 Use Permit. Ingress/egress will be provided from N 166th Avenue and W Indian School Road. The traffic study for the site has been approved by the Engineering Department.
Off-site street and access improvements adjacent to the commercial center will be completed by the master developer as approved within the Master Site Plan.
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 located within the 65 DNL zone 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 impacted by this development.
Fire Department:
Emergency response times and distances are provided below:
Public Participation:
In accordance with the city’s Citizen Review Ordinance, an alternative notification process was used for the use permit request. A formal citizen review meeting was not involved; however, a notice was mailed to all property owners within 500 feet of the Property. From this notification, staff received an email from a resident inquiring about the truck fueling station.
Notice for the public hearings before the Planning and Zoning Commission and City Council on April 12 and April 24, respectively, included the following: a notice mailed to surrounding property owners; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition on March 24, 2023. To date, staff has not received any public inquiries on the project from this notice.
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.
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 Circle K convenience store with a gas station on property within the PV303 PAD with underlying C-2 (General Commercial) zoning. The property is located at the southeast corner of North 166th Avenue and West Indian School Road and is within a commercial center known as The Triangle at PV303.
The Circle K Site Plan includes an approximately 5,200 square-foot convenience store with a 4,608 square-foot fuel canopy area, providing 7 gasoline fueling stations and a 1,680 square-foot diesel canopy area, providing 4 diesel fueling stations. The applicant will be providing outdoor patio tables on the northwest side of the proposed building for customers.
The property will be accessible from N 166th Avenue and W Indian School Road. On-site parking, as reflected in the Site Plan, conforms with applicable city standards. The applicant is also providing 7 semi-truck parking spaces for truck drives who want to fuel their truck and shop at the convenience store.
As shown on the proposed building elevations submitted with the Use Permit, the design for the building will utilize the materials and colors approved for the Triangle at PV303 Master Site Plan.
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 materials provided with the use permit, the proposed use should not generate 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 550 feet east of the subject property. Given the 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.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed use is located within a commercial center intended for similar commercial uses. Furthermore, the proposed use is located within close proximity to the W Indian School Road and Arizona State Route 303 Loop access ramps. As such, the proposed use will be compatible with the existing and planned uses in the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest existing residential development (±550 feet) is located to the east (within in the PebbleCreek community). Given the property’s proximity to a freeway and the large separations from the residential uses, the proposed Convenience Use is appropriate for the property.
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 4.3-acre parcel is of sufficient size and configuration to accommodate the proposed convenience store and fueling stations. The proposed access and internal traffic circulation pattern have been designed to be consistent with the Master Site Plan.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
Circle K is proposing 24 hours operations, seven days a week. Given the proposed use’s location within a proposed commercial center and the large separation ((±550 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 Use Permit. Ingress/egress will be provided from N 166th Avenue and W Indian School Road. The traffic study for the site has been approved by the Engineering Department.
Off-site street and access improvements adjacent to the commercial center will be completed by the master developer as approved within the Master Site Plan.
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 located within the 65 DNL zone 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 impacted by this development.
Fire Department:
Emergency response times and distances are provided below:
| Nearest Fire Station | Shortest path | Longest path | 2nd nearest Fire Station | Shortest path | Longest path | |||||
| Mins | Miles | Mins | Miles | Mins | Miles | Mins | Miles | |||
| #185 | 3.01 | 1.50 | 3.01 | 1.50 | #183 | 7.31 | 3.66 | 7.31 | 3.66 | |
Public Participation:
In accordance with the city’s Citizen Review Ordinance, an alternative notification process was used for the use permit request. A formal citizen review meeting was not involved; however, a notice was mailed to all property owners within 500 feet of the Property. From this notification, staff received an email from a resident inquiring about the truck fueling station.
Notice for the public hearings before the Planning and Zoning Commission and City Council on April 12 and April 24, respectively, included the following: a notice mailed to surrounding property owners; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition on March 24, 2023. To date, staff has not received any public inquiries on the project from this notice.
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.