Michelle Bach, EAPC Architects Engineers

A request for a Use Permit for a mini-storage facility on an approximately 9.12-acre parcel, generally located at southwest corner of West Willis Road and South Mountain Vista Drive, within the Montecito PAD (Planned Area Development) District.

1. The preliminary site plan and building elevations attached hereto have not been approved.  All future development on 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 development of the Property shall be developed in substantial conformance with the preliminary site plan for the mini-storage facility attached hereto. Any expansion of the mini-storage facility, additional buildings, or substantial changes in the operation of the Property as a mini-storage facility shall require an amendment to the approved Use Permit;

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 9.12-acre parcel upon which the mini-storage facility is to be developed; 

4. The City of Goodyear reserves the right to initiate revocation of the Use Permit in the event that the Use Permit is not operated in compliance with the stipulations stated herein or as represented in the Use Permit application;

5. Retention and stormwater basins shall be entirely landscaped and irrigated per Article 5-1-4-G of the city of Goodyear’s Zoning Ordinance;

6. The buildings developed on the Property shall be in substantial conformance with the conceptual building elevations attached hereto;

7. No RV, boat, trailer or outdoor storage of vehicles, goods or materials shall be permitted on the Property;

8. No hazardous materials shall be stored on the Property;

9. No businesses shall be permitted to run from the storage units;

10. All site lighting (building, parking, or security) shall be directed down with sharp cut-off directional lighting fixtures. All lighting on the site shall be dimmed to 50% between 10 p.m. and 5 a.m. No wall mounted lights, on the northwest and southeast side (rear and front sides) of the property, may be placed higher than above 8 feet above the building foundation;

11. 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;

12. Signage is not being approved with the approval of this Use Permit. All signage on the Property shall require separate submittal and review, and shall comply with Article 7 (Sign Regulations) of the City of Goodyear Zoning Ordinance and the following:
13. Owner shall construct full half-street improvements for the section Willis Road along the frontage of the site required for the modified Scenic Arterial cross section attached hereto, including, but not limited to, 12-foot travel lines, 6-foot bike lane, right turn lane, full median and landscaping, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting;

14. Prior to issuance of any permit for work within the Property, Owner shall dedicate, lien free, and free of all encumbrances not expressly agreed to by the City, public utility easement as reflected in the Preliminary Site Plan attached hereto.  The form of the easement shall be in a form approved by the City Attorney or his designee; 

15. Owner shall construct and maintain all drainage facilities required for the conveyance, retention, storage and disposal of storm-water flows identified in the grading and drainage improvement plans for the Property approved by the Goodyear City Engineer or his/her designee (the “Approved Grading and Drainage Plans”).  Owner shall maintain the drainage facilities in good condition, replacing and repairing the drainage facilities as needed to maintain their carrying and storage capacity, and preventing erosion, preventing refuse, debris, sediment, vegetation or other obstructions from accumulating in the drainage facilities; 

16. The location of the proposed use crosses the property lines of two parcels. A Final Plat or combination of a Minor Land Division shall be submitted with the construction document submittal for development of the site, and prior to the issuance of any permit for work within the Property, a Minor Land Division or Final Plat approved by the City shall be recorded in the official records of the Maricopa County Recorder; and,

17. No permits for work within the Property will be issued unless Owner demonstrates that there is capacity at the Rainbow Valley Water Reclamation Facility to accept wastewater discharges from 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.

The Property is part of the Montecito PAD (Planned Area Development). The Property has a Business Park land use designation within the PAD in 2008, with City Council adoption of Ordinance No. 2008-1114 on May 12, 2008. The PAD zoning was most recently amended in 2022 to modify the residential zoning designations for several parcels (Case No. 21-200-00010). City Council approved the zoning amendment on August 29, 2022, with approval of Ordinance No. 2022-1544.
The Property is located adjacent to W. Willis Road south of W Mountain Vista Drive and is within portions of Lots 9.32, 9.37, and 9.38 of the Land Use Map of the 2022 Montecito PAD. The applicant will submit a replat to reconfigure the lots in the future, prior to construction of the proposed storage buildings.
The 2022 Montecito PAD Land Use Map designates Lots 9.32 and 9.37 with a Business Park (BP) land use and Lot 9.38 with a Business Park-1 (BP-1) land use. The PAD allows mini-storage uses within the BP and BP-1 land uses with the approval of a Use Permit.
The Planning and Zoning Commission considered this item at their regular meeting held on June 14, 2023. Commissioners voted (3-2) to forward a recommendation of approval to the City Council.

Current Policy:
The Montecito PAD allows mini-storage facilities in properties with Business Park and Business Park-1 land uses with the approval of a Use Permit.
A Use Permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process. 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 a Use Permit to allow a storage facility on an approximately 9.12-acre parcel within portions of Lots 9.32, 9.37, and 9.38 of the Land Use Map of the 2022 PAD. As previously noted, the Property is designated for Business Park and Business Park-1 uses as described in the PAD and will be developed in accordance with the PAD and city’s design guidelines.

The proposed one-story storage facility will include a 98,841 square-foot building and two smaller buildings totaling 36,431 square-foot, to be developed in a single phase. According to the narrative submitted with the Use Permit, the facility will provide a total of 925 storage units.
The following evaluation is being provided in conformance with Section 1-3-2 (Use Permits) of the Zoning Ordinance:

1. 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, as storage facilities are typically less-intensive, low-impact uses compared to other typical commercial uses. The proposed facility is also deemed less intensive compared to several of the uses permitted with the Property’s Business Park zoning, such as manufacturing, warehousing, and equipment rental. There is a residential neighborhood approximately 370 feet northwest from the Property, with an existing open space area providing a buffer between the Property and this residential neighborhood. Moreover, there is an approximate 200-foot separation between the front property line and CantaMia, the neighborhood to the southeast of the Property, with Willis Road, a modified Scenic Arterial, within the 200-foot distance. In order to address light concerns, staff is recommending a stipulation of approval that requires full cut-off lighting and required lighting being dimmed to 50% between 10 p.m. and 5 a.m.
Traffic impacts have been reviewed and determined to be in conformance with the roadway capacity and improvements for this area. Additionally, the narrative states the expected traffic from the mini-storage facility is less than initially anticipated for commercial uses in the Property. The traffic study for the site has been approved by the Engineering Department.

2. That the proposed use is reasonably compatible with uses permitted in the surrounding area
The Property is within the Business Park and Business Park-1 Zones of the Montecito PAD (Planned Area Development). These Zones are within the City of Goodyear Water Reclamation Facility’s 350-foot and 1,000-foot Noise and Odor Easement area, which prohibits residential, parks, office, retail, restaurants and other similar uses. Rather, since these zones are located adjacent to a wastewater treatment facility and within the odor easement setbacks, permitted uses are intended to be more light industrial and business park in nature. As such, the proposed storage facility would be compatible with these types of permitted uses, as it would be less intensive in terms of operation and intensity. The office for the mini-storage facility is proposed to be open 7 days a week from 8 a.m. to 6 p.m. and the facility will provide access to tenants 7 days a week from 5 a.m. to 10 p.m. Staff does not recommend any restrictions to the hours of operation given the Property’s location within the business park zones of the PAD and the open space and road separations between the Property and the residential neighborhoods.

Staff believes 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.) given that storage facility are typically, less-intensive, low-impact uses, and given the Property’s location within the business park uses in the PAD and the open space and road separations between the Property and the residential neighborhoods.

Luke Air Force Base & Phoenix-Goodyear Airport
The site is subject to noise from aircraft flying to and from both facilities. However, given the non-residential nature of the proposed use, neither facility should be adversely affected by the operation of the storage facility.

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
#186	0.51	0.26	0.51	0.26		#182	8.25	4.13	8.25	4.13

Public Participation
In accordance with the city’s Citizen Review Ordinance, a citizen review meeting was held on May 17, 2023, at 6:00 PM at the Estrella Foothills High School, Flex Media Space. A sign was posted on the Property and notices were sent to all property owners within 500 feet of the property. As a result of this notice, staff received two emails in support and four emails in opposition of the project. The residents in opposition of the project expressed concerns with noise, light trespass, property values, invasion of privacy, as well as misuse of units to run businesses.
The neighborhood meeting on May 17 was attended by approximately 31 residents. The applicant gave a presentation and responded to resident concerns and questions afterwards. The residents in attendance expressed concerns with building design and height, noise, building and signage lighting, with hazardous materials being stored on-site causing potential fires and businesses running out of the units. In order to mitigate resident concerns, the applicant said there are no plans to add RV storage or additional storage facilities in addition to what is shown on the Conceptual Site Plan. The applicant also committed to completing a noise study/finding noise data to address noise concerns for AC units and identify if additional screening is necessary to shield the noise from the roof-mounted AC units. The applicant intends to provide this noise study to the Planning and Zoning Commission at their regularly scheduled meeting on June 14, 2023.
Staff is also proposing stipulations of approval of the Use Permit to address resident concerns. Those stipulations include a requirement to go through a Use Permit amendment if additional uses are proposed, prohibit RV storage and outdoor storage and businesses being run out of the units. Stipulations also limit lighting facing residential neighborhoods as well as lighting for signage.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to property owners within 500 of the property, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition, on May 26, 2023.
After finalization of the Planning and Zoning Staff report, staff received an additional email from a resident expressing concern with the amount of land needed for the storage facility and expressed residents in the area believed the area to be for a commercial district.
The Planning and Zoning Commission considered this item at their regular meeting on June 14, 2023. Upon conclusion of the staff and applicant presentations. The Commission asked the applicant about safeguards the storage facility has for hazardous materials being stored on-site. The applicant representative indicated that the lease agreement prohibits the storing of hazardous materials in the units and that anyone that finds the violate the agreement are immediately evicted. The Commission asked about the hours of operation and access to the property, for which the applicant mentioned unit renters will only have access to the units during the open hours of operation, 5am to 10pm. The Commission asked about the range of unit sizes. The applicant stated that the unit sizes vary from 5 feet by 5 feet up to 10 feet by 25 feet. The Commission also asked the applicant when they expect the facility to be full. The applicant indicated that their feasibility study plans for 3-5 years for the facility to become full, which means 90% capacity for storage facilities. The Commission asked if any of the units are individually alarmed. The applicant indicated units are not individually alarmed, but there is a security system on the property and security cameras on-site. In addition, the Commission asked if there is additional landscape proposed for the site. The applicant indicated the landscape on the Willis Road frontage meets city requirements and that will be providing additional landscape on the rear of the property per HOA and City staff comments during the Site Plan review, specifically in the retention area. The Commission asked about the noise study and whether the 45 decibel levels mentioned earlier in the presentation is noise generated from the HVAC units on the property prior to the addition of screening for which the applicant mentioned this was correct.
Seven residents expressed concerns in opposition for the Use Permit. The residents voiced concerns with hazardous and flammable materials possibly being stored in the facility, potential crime and security issues, transparency of the Use Permit process for the project. Residents were also concerned with noise and light pollution, building height, as well as losing the view of the mountains. The residents expressed they want retail and restaurants in the area instead.
Two residents in attendance supported the project. One resident spoke in favor of the project stating traffic impact will be minimal, the expected noise is low, building design looks good, and that the use as a storage facility is the best use for the property and needed. The second resident submitted a speaker card in support of the project but did not wish to speak.
At the conclusion of the public comment, the Commission had additional questions for staff and the applicant. Clarification was provided on the PAD, Business Park and Business Park-1 zoning. Staff mentioned that the permitted uses in the zoning include warehouses, plant nurseries, parking lots, vocational schools, and equipment rental among other uses. However, commercial offices, schools and shopping centers are not permitted uses due to the restrictions from the proximity to the water reclamation facility. Staff and applicant confirmed the proposed building height of the store facility, 12 feet to the roofline, 17 feet to top of parapet, and 26 feet at the highest point of a pitched roof on the main building. Staff stated the maximum allowable height in the zoning for the property is 40 feet. Staff confirmed that notices were sent to property owners within 500 feet of the subject property and the Segovia II and CantaMia HOAs.   
After clarifications were provided, the Commission voted (3-2) to forward a recommendation of approval to the City Council.
Since the Planning and Zoning Commission public hearing, staff was contacted by the Estrella HOA. During the discussion staff was made aware that the HOA mailing address in the County Assessor’s website is incorrect, thus the HOA did not receive the postcard notices for the neighborhood meeting or public hearings. Upon becoming aware of this, staff emailed the HOA executive director the postcards.  
In addition, since the Planning and Zoning Commission public hearing, staff was contacted by two residents expressing opposition to the project. One resident expressed that they bought their home earlier this year and their realtor  told them that the properties near their home were zoned residential only. She was concerned with the disruption noise and lighting would cause their family and wildlife.  
At the time of writing the Planning and Zoning staff report, staff became aware that residents in the surrounding area are interested in starting a petition to oppose the project. Such petition was not presented to the Planning and Zoning Commission on June 14^th but may be presented to City Council at their regularly scheduled meeting on July 10, 2023.

STAFF FINDINGS
As outlined herein and with the recommended stipulations of approval, 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.