Michael Scarbrough, Land Development Consultants

A Use Permit request for a Convenience Use (Circle K convenience store with a gas station) proposed on an approximately 1.9-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).

This is a continuation of the public hearing that was opened previously on April 24, 2023.

Approve the Use Permit request for a Convenience Use (Circle K convenience store with a gas station) on Parcels 4 and 5 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. (Katie Wilken, Deputy Director of Planning, DSD)

1. All future development on Parcel 4 and 5 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, and the Circle K Conceptual Fuel Canopy Elevations – Color 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 high-speed diesel fueling facilities shall be constructed on site and the only diesel fueling allowed on the Property shall be for cars, light trucks and recreational vehicles; 

4. Except for handicap spaces, which shall comply with applicable Development Regulations, parking spaces shall be no more than 9.5-feet by 20-feet;

5. No certificate of completion or certificate of occupancy shall be issued for any structure within the Property until the full south half-street improvements for the section of Indian School Road along the frontage of the Property have been completed, which includes, but is not limited to, the construction of street frontage landscape and landscape irrigation;

6. 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 1.9 acre parcel upon which the convenience use is to be developed; 

7. 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;

8. 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

9. 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 revised 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 and 2 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.
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.
At the time of the Planning and Zoning public hearing on April 12^th, the applicant was also proposing a 1,680 square-foot diesel canopy area and seven semi-truck parking spaces. On June 6^th, the applicant removed the high-speed diesel fueling offering south of the proposed convenience store from the project and the seven semi-truck parking spaces.  This reduced the Use Permit project area from 4.3 acres to 1.9 acres and now proposes convenience store with associated fueling pumps adjacent to Indian School Road.

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 700 feet east of the subject property. Within those ±700 feet there is a now vacant parcel, RV parking and future pickleball courts for the Pebblecreek community. 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. City Council approved a Use Permit for a Filiberto’s drive-through restaurant at the commercial center on April 26, 2021. In addition, staff approved a master site plan for the commercial center in February of this year. 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 ±700 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 1.9-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 (±700 feet) to residential neighborhoods, staff does not recommend any restrictions on hours of operation. Given the location of the project with the approved master site plan, there will also be additional future commercial uses providing additional buffers and buildings between residential and this convenience use.

3. Required traffic mitigation measures, if any.
A traffic study was submitted with the application for Use Permit. The traffic study for the site has been approved by the Engineering Department. Ingress/egress will be provided from N 166^th Avenue and W Indian School Road. The development will have right-in, right-out access off of W Indian School Road and a full-access drive on N 166^th Avenue. There is an existing traffic light at the intersection of W Indian School Road and N 166^th Avenue.
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 mentioned during staff’s presentation at the April 12^th Planning and Zoning Commission meeting.
Upon conclusion of the staff presentation at the April 12^th Planning and Zoning Commission public hearing, commissioners asked staff if they had received any concerns on lighting. Staff responded that they 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 brakes 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 in the form originally presented to the Commission. There was no public opposition to the item voiced at the hearing.
After the staff report was finalized for the April 24^th public hearing, staff received emails from three additional residents expressing concern with noise, lighting, trucks idling, and overnight truck parking. In response, the applicant requested to continue the April 24^th public hearing, to May 22^nd, to address resident concerns.
To address resident concerns, the applicant scheduled a neighborhood meeting at the Pebblecreek community’s Eagle’s Nest Clubhouse at 6:30 p.m. on Wednesday, May 17^th. The meeting was attended by over 200 Pebblecreek residents. At the meeting, the applicant representatives provided a presentation that explained their project and showed the site plan, landscape plans, and elevations of the building. They also explained that this site, although proposed to provide high speed diesel fueling is not a truck stop. It was explained that the diesel fueling location was approximately 200’ from the property line with PebbleCreek. After the presentation, the applicant responded to resident’s questions and concerns.
The residents expressed concerns with the proximity of the convenience store and gas station, specifically the diesel fueling and semi-truck parking, to the Pebblecreek community and the pickleball complex under construction. Residents voiced their concerns regarding noise, light, and air pollution, loss of property values, and traffic. Residents expressed confusion with the proposal as they believed the Property to be in a residential area, not having a commercial zoning. City staff clarified this information for the residents during the meeting, stating the property has been zoned commercial for years. Residents also expressed concerns with the negative effects diesel fumes would have on their health and mentioned that many of their spouses and neighbors’ health conditions would worsen with the proposed convenience store and gas station use with proposed 24-hour operations behind their community. The residents indicated that exercising in the pickleball courts under construction would become harmful from breathing fumes from the diesel fueling and semi-trucks. Additionally, Pebblecreek residents believed the Circle K proposal to be a truck stop. Circle K representatives attempted to explain that the project did not propose any showers, lounges or similar services typically provided in truck stops and that the seven semi-truck parking spaces proposed were intended to allow truck drivers to grab food from the convenience store after fueling, before continuing their route, but not to remain on the property overnight. The applicant indicated that the property would be posted with “no idling” and “no overnight parking” signs. Residents asked what mechanism Circle K had to ensure the signs would be respected. Circle K responded they did have mechanism to ensure no overnight parking occurred on-site.
Moreover, residents indicated that they feared an increase in crime, drug use, prostitution, and homelessness in the area with the Circle K near their neighborhood. A resident asked Circle K about their loss prevention and security system and if the proposed store would have security guards on-site. The applicant’s representative indicated no security would be posted on the property until an incident occurred. Residents expressed frustration at this response and a resident stated Circle K was proposing to be reactive instead of proactive to ease their concerns. In addition, a resident mentioned a study conducted by Arizona State University regarding crime in convenience stores. It was mentioned that the study showed that Circle K is the convenience store with the highest rates of crime occurring in their premises compared to other convenience store corporations. The applicant representatives indicated that the study had been rescinded since released because it did not consider that Circle K files police reports for anything that happens in their property including Order of Protections being served to patrons at the stores by police, while other convenience stores companies do not have the same reporting practices. Many of the residents in the meeting objected to the Circle K’s provision of diesel fueling and semi-truck parking and others objected to the project in its entirety.
In order to give the applicant time to respond to the feedback given during the May 17^th neighborhood meeting, the Circle K Use Permit public hearing was continued from the May 22^nd City Council meeting to the June 26^th meeting. At the May 22^nd City Council meeting, three residents spoke in opposition of the Use Permit and presented a petition in opposition of the project containing 1,029 signatures. Since the April 24^th public hearing continuance, City Council and staff have received over 350 emails from residents in opposition of the Circle K Use Permit, including the Pebblecreek Homeowners Association, and 15 emails in favor of the project.
Residents in opposition of the project objected the project due to the proximity to Pebblecreek community and pickleball sports complex and potential negative impact on their health. Concerns mentioned in the emails include diesel fumes exposure, semi-trucks idling, traffic, overnight parking, increased noise, diesel odor, air pollution, light pollution, 24-hour operations, environmental impacts including contamination of groundwater, increased crime, decreased property values, and decreased quality of life. Residents expressed they believe Circle K is providing a truck stop and that it should be located elsewhere in the city. Residents also mentioned they did not believe the applicant had satisfied the Use Permit requirements established in the Zoning Ordinance. The majority of the emails center on the potential negative health impact the diesel fumes will have on residents’ health, especially those that play golf and pickleball in the area, as well as the 24-hour operations of the convenience use with diesel fueling and semi-truck parking.
Residents that emailed the city in support of the Circle K Use Permit, expressed that they believed a gas station is needed in the area and that they have RVs and would benefit from diesel fueling nearby. A resident believed that the noise impact would be minimal because they experience noise from the jets flying to and from Luke Air Force Base near the neighborhood. Residents stated they support new business and revenue for the city.
On June 6^th, the applicant revised their proposal and removed the diesel fueling offering including the semi-truck parking from their Use Permit application. Due to this change, the applicant scheduled a second neighborhood meeting to be held, after the finalization of this staff report, on Thursday, June 22^nd at the Pebblecreek community, Eagle’s Nest Clubhouse at 6:00pm. Following the revised Use Permit proposal, staff sent out notices to property owners within 500 feet notifying them of the revisions to the Use Permit and confirming the June 26^th City Council public hearing date. Staff also sent out a mass email to all residents that emailed staff and City Council, it included 362 unique email addresses, notifying them of the revisions to the Use Permit. Staff received 13 emails thanking staff for the update, 22 emails of support with the revised proposal, 2 emails in support from residents that supported the project with diesel fueling as well, and 13 emails of opposition regardless of the revisions made to the Use Permit. Staff also received 4 emails asking staff for information about the Use Permit process if Circle K wanted to propose the diesel fueling and semi-truck offering again.
The June 26^th City Council staff report will be finalized prior to the second neighborhood meeting on June 22^nd, however, staff will present the outcomes of the neighborhood meeting at the June 26^th Council meeting.

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.