Jodi Hamill, Land Development Consultants LLC

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 southwest 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).

Approve a 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)

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.

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.

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 a property within the PV303 PAD with underlying C-2 (General Commercial) zoning. The property is located at the southeast corner of North 166^th 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 a trellis and outdoor patio tables on the northwest side of the proposed building for customers.
The property will be accessible from N 166^th 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 drivers 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. Within those ±550 feet there is RV parking and future pickleball courts for the Pebblecreek community. The location of the diesel fueling stations and semi-truck parking to the nearest residential property line is approximately ±650. 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 residential development to the Property is PebbleCreek, which is to the east of the Circle K Property.  The Circle K property line is located ±550 feet to the west of the PebbleCreek community. An existing RV parking lot is located between the Circle K Property and the closest residential lot within PebbleCreek and this area has been approved for the development of pickleball courts. 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 166^th 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 and expressed concerns that the proposal was for a truck stop. Staff responded to the inquiry and clarified the proposal does not include a truck car wash, showers, a lounge or similar amenities typically provided at a truck stop. The applicant also reached out to the resident.
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. The Planning and Zoning Commission considered this item at their regular meeting on April 12, 2023.
After finalization of Planning and Zoning Commission staff report, staff received two emails. The first email was from the executive director of Refinery Christian Church, who expressed concern over the existing truck traffic on 166^th Avenue.  Semi-trucks have been entering 166^th Avenue in error and using the church property to turn around. The executive director of Refinery Christian Church expressed concerned with the proposed use exacerbating the issue. The second email staff received was from a Pebblecreek resident expressing concern with potential noise from semi-trucks traveling into the Pebblecreek neighborhood and requested that a 10-foot tall sound wall be constructed between the Circle K and Pebblecreek property. The e-mails were discussed during staff’s presentation.
Upon conclusion of the staff presentation, commissioners asked staff if staff received any concerns on lighting. Staff responded that we did not receive any concerns specific to lighting, however, the applicant is subject to lighting standards established in the Zoning Ordinance and standards require full-cut-off lighting. The commissioners also asked staff about the zoning and future use of the land between the Property and the residential homes. Staff advised that the zoning is PAD and a portion of the property is currently being used for RV Parking and a permit has been approved for the development of pickleball courts within another portion of the property.  Following staff’s presentation, the applicant’s representative addressed the concerns that had been raised by the residents and the Refinery Christian Church director.     
Although not a condition created by the proposed Circle K, the applicant noted that trucks turning onto 166^th Avenue in error would have the opportunity to turn around within Circle K property before reaching the church, and that the existence of the Circle K could actually mitigate the use of church property when semi-trucks turn onto 166^th Avenue in error. 
In addressing the concern about an increase in truck traffic onto 166^th Avenue, the applicant stated that they expected only 25% of the traffic entering into the Circle K to enter from 166^th Avenue and that Circle K would be providing directional signage at all entrances to the Circle K that will guide all traffic north to Indian School Road.  The applicant’s representative stated that Circle K did not intend to allow overnight parking on the site, and it's not to be developed with the amenities typical of truck stops such as lounges and showers.  The limited number of parking spaces provided that could accommodate semi-trucks with trailers (7) are intended to allow semi-truck drivers to park and get a snack or food from Circle K or one of the adjacent restaurants that will be developed adjacent to the Circle K Property. 
The applicant’s representative stated that the applicant did not believe a sound wall was necessary because of the distance between the Circle K Property and the nearest residential neighborhood (PebbleCreek).
Following the applicant’s presentation, the commission asked the applicant’s representative about the noise that occurs after air breaks are released. The applicant’s representative indicated that this noise depends on the load that the truck is carrying and that is not consistent.
At the conclusion of staff and applicant presentations, Commissioners unanimously voted (6-0) to forward a recommendation of approval to the City Council. There was no public opposition to the item voiced at the hearing.

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.