Skip to main content

AgendaQuick™

View Agenda Item

AGENDA ITEM #:22-300-00010
DATE: June 14, 2023
CAR #:

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

OTHER PRESENTER(S):

Daniel Chambers, QuikTrip Corporation

SUMMARY:

A Use Permit request for a Convenience Use (QuikTrip convenience store with a gas station) proposed on an approximately 3-acre parcel located at northeast corner of 173rd Avenue and Yuma Road. The property is zoned Planned Area Development with C-2 General Commercial designation, within the Canyon Trails Phase 2 Planned Area Developed (PAD).

RECOMMENDATION:

  1. Conduct a public hearing to consider a use permit request for a convenience use (QuikTrip convenience store with a gas station) on an approximately 3-acre property zoned Planned Area Development with C-2 General Commercial designation located at southeast corner of 173rd Avenue and Yuma Road, within the Canyon Trails Phase 2 Planned Area Developed (PAD).
  2. Recommend approval of a use permit request for a convenience use (QuikTrip convenience store with a gas station) on an approximately 3-acre property zoned Planned Area Development with C-2 General Commercial designation located at southeast corner of 173rd Avenue and Yuma Road legally described in the Preliminary Site Plan for QuikTrip Store #0403 (the “Property”) subject to stipulations. (Guadalupe Ortiz Cortez, Planner)

STIPULATIONS:

1. The Preliminary Site Plan for QuikTrip Store #0403 is not approved with the Use Permit.  Development of the Property is 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, infrastructure, parking, access and circulation;

2. The configuration and location of the proposed building and fuel pump stations and resultant traffic patterns shall be developed in substantial conformance with the attached Preliminary Site Plan for QuikTrip No. 0403, the Landscape Plan, and Building and canopy Elevations attached hereto. Any changes to the configuration of these improvements, as shown on the documents 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;

3. The building construction plans shall not include illuminated LED bands on the building or canopy elevations to comply with Article 7-6-A-3 of the city of Goodyear Zoning Ordinance;

4. The temporary retention basins shall be covered with at least two inches of decomposed granite (DG) matching the DG used for the permanent landscape areas within the Property;

5. On the Preliminary Site Plan for QuikTrip Store #0403 attached hereto, portions of the underground storage tanks are shown within the 30-foot building and landscape setback along Yuma Road. The site plan shall be revised so that the underground storage tanks and pavement are not located within the 30-foot building and landscape setback along Yuma Road and the construction plans shall reflect the location of the relocated underground storage tanks and the pavement outside of the 30-foot building and landscape setback along Yuma Road;

6. Fuel canopy light fixtures shall be recessed into the canopy ceiling, with a lens that is flat and flush to the ceiling. Exposed light sources on the canopy or backlit fascia shall not be permitted;

7. All signage proposed on the subject property shall require separate review and approval of sign permits. All signage on the Property shall comply with Article 7 (Sign Regulations) of the City of Goodyear Zoning Ordinance; 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.

9. Owner shall construct the full half-street improvements required for a Scenic Arterial as set forth in the Engineering Design Standards, G-3120, in effect at the time the improvements are constructed, for the north half of W. Yuma Road adjacent to the frontage of the Property “Yuma Road Improvements”, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting; excepting the full median and full median landscaping within the section of road along or adjacent to the frontage of the. No temporary certificate of occupancy, certificate of occupancy or certificate of completion shall be issued for structures within the Property until the “Yuma Road Improvements” have been completed and accepted by the City Engineer or his designee subject to completion of the two-year warranty period, and

10. Owner shall construct the full half-street improvements required for a Minor Collector as set forth in the Engineering Design Standards, G-3124-1, in effect at the time the improvements are constructed, for the east half of S. 173rd Avenue along or adjacent to the frontage of the Property “173rd Avenue Improvements”, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting. No temporary certificate of occupancy, certificate of occupancy or certificate of completion shall be issued for structures within the Property until the “173rd Avenue Improvements” have been completed and accepted by the City Engineer or his designee subject to completion of the two-year warranty period, and

11. Owner shall remit to the city an in-lieu payment for one-half the cost of a full median and one-half the cost of full-median landscaping for the median that is to be installed within the section of W. Yuma Road along or adjacent to the frontage of the Property. The in-lieu payment for the median shall be based on the estimated cost of the full median and full median landscaping as determined by the City Engineer or designee, and it shall be paid prior to the recordation of any final plat or issuance of full construction permits, and

12. The Owner is responsible for 25% of the cost of the traffic signal at W. Yuma Road and South 173rd Avenue.  The in-lieu payment shall be made prior to the issuance of any construction permit for work within the Property. In addition, Owner shall be responsible for a proportionate share of the costs of any other traffic signals adjacent to the Property that is identified in a Traffic Impact Analysis/Study approved by the City Engineer or his designee.  The in-lieu payment shall be based on the actual cost of the traffic signal if it has been constructed or if the payment is required before the signal is constructed it shall be based on the estimated cost of the traffic signal as determined by the City Engineer or designee.  

13. The Traffic Impact Study submitted with the Site Plan submittal is not approved.  The traffic signal that is being constructed at W. Yuma Road and the main driveway to Esporta Fitness in Cottonflower Marketplace, which aligns with the driveway at Yuma Road and the proposed driveway reflected in the Preliminary Site Plan for QuikTrip Store #0403 attached hereto shall be a three-leg traffic signal providing full access from Cotton Flower Marketplace to Yuma Road and full access from Yuma Road to Cottonflower Marketplace.  An updated Traffic Impact Study shall be submitted for review and approval with the construction documents.

14. Access at W. Yuma Road and the proposed driveway reflected in the Preliminary Site Plan for QuikTrip Store #0403 attached hereto shall be limited to right in and right out only.

15. The Property Owner shall dedicate, at no cost to the city, all rights-of-way and/or easements that are: (i) needed for the construction of infrastructure improvements required for the city to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the city of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for constructing or for which Owner is responsible for making in-lieu payments; (iv) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein; and (v) required for public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the city of Goodyear’s Engineering Design Standards and Policies, and

16. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the Property and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear.  Said extinguishment shall occur prior to the recordation of the first final plat subdividing all or part of the Property, or the issuance of any construction permits for work within the Property, whichever is earlier; and

17. Prior to issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy for the Property, a Final Plat or Minor Land Division that creates a legal lot for the Property shall be approved and recorded.

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 Canyon Trails Phase 2 Planned Area Development and has a C-2 General Commercial designation. The PAD zoning was approved by City Council on December 13, 1999 with the adoption of Ordinance No. 99-676.
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, 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 QuikTrip convenience store with gas station on property zoned PAD with underlying C-2 General Commercial zoning. The property is located at the northeast corner of 173rd Avenue and Yuma Road, within the Canyon Trails Phase 2 PAD.
The Preliminary Site Plan for QuikTrip Store #0403 attached hereto includes an approximately 5,312 square-foot convenience store with an 8,156 square-foot fuel canopy area, with the ability to serve up to 20 automobiles at a time. The applicant will be providing outdoor dining tables for customers. The on-site parking, as reflected in the Preliminary Site Plan for QuikTrip Store #0403 attached hereto, conforms with applicable city standards. As shown on the building elevations submitted with the use permit, the design for the building will utilize a variety of materials and colors including brick and stone.

Evaluation Criteria
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 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 150 feet south from the Property, across the street from W Yuma Road within the Cottonflower neighborhood. The Crestwood at Canyon Trails neighborhood is approximately 400 feet north of the Property. The Property is located within the Lighting Zone 2 of the Zoning Ordinance and required to have full-cut-off lighting per code, and in addition, staff is proposing a stipulation that requires canopy lighting to have shielded lights. Given the future commercial uses and road separation between the Crestwood and Cottonflower neighborhoods, respectively, 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 proposed commercial center intended for commercial uses. Furthermore, the proposed use is located within close proximity to the Loop 303 interchange. As such, the proposed use will be similar to and compatible with the existing and planned commercial uses in the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest existing residential development (±150 feet) is located to the south, across W Yuma Road, within the Cottonflower neighborhood and north at the Crestwood at Canyon Trails neighborhood (±400 feet). Given the property’s location within a proposed commercial center and proximity to a proposed freeway, 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 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 approved by the Engineering Department.

2. Compatibility of the proposed hours of operation with adjacent residential areas.
QuikTrip is proposing to be open 24 hours per day, seven days a week. Given the proposed use’s location within a proposed commercial center, the ±400 feet distance and potential commercial users between the Property and Crestwood at Canyon Trails neighborhood, and the ±150 feet between the Property and Cottonflower neighborhood, and with Yuma Road, a scenic arterial, within the ±150 feet, staff does not recommend any restrictions on hours of operation.

3. Required traffic mitigation measures, if any.
A traffic study was submitted and reviewed with the application for use permit. Ingress/egress is provided from 173rd Avenue and Yuma Road into the site. The expansion of the Loop 303 will impact the site, however, the city’s Engineering Department is working with ADOT and the applicant to make any changes necessary during the construction document review phase of the project.
Off-site street and access improvements adjacent to the commercial center will be completed with this development.

4. 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.

Fire Department:
Emergency response times and distances are provided below:
Nearest Goodyear Fire Station Shortest path Longest path   2nd nearest Fire Station Shortest path Longest path
Mins Miles Mins Miles Mins Miles Mins Miles
#184 3.03 1.52 3.03 1.52 #181 9.55 4.78 9.55 4.78

Public Participation:
In accordance with the city’s Citizen Review Ordinance, a neighborhood meeting was held on April 19, 2023 at the City Hall, Canyon Trails rooms. Notice of the neighborhood meeting was mailed to all property owners within 500 feet of the Property. One resident attended the meeting, and expressed concerns with noise, smells and potential crime arising from the proposed use. Since the meeting, staff has received an email from a resident expressing support for the QuikTrip.
Notice for the public hearings before the Planning and Zoning Commission and City Council on June 14 and June 26, 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 May 26. To date, staff has not received any public inquiries 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.

Attachments