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ITEM #: 9.
DATE: 12/18/2023
AI #:1792
CITY COUNCIL ACTION REPORT
 
SUBJECT: SEDELLA COMMERCIAL CONVENIENCE STORE WITH DRIVE-THROUGH USE PERMIT
 
STAFF PRESENTER(S): Christian M. Williams, AICP, Principal Planner

SUMMARY

A Public Hearing to Approve a Use Permit for a Convenience Store with Drive-through on an approximately 1.37-acre property zoned Planned Area Development (PAD) with an underlying zoning of (Community) Commercial located at the northeast corner of Perryville Road and Indian School Road.

STRATEGIC PLAN ALIGNMENT

 

RECOMMENDATION

Approve the request for a Use Permit for a Convenience Store with a Drive-through and gas pumps on approximately 1.37-acres identified as PAD A in the Preliminary Site Plan (the “Convenience Store Use Permit Site”) subject to stipulations. (Christian M. Williams, AICP, Principal Planner)

STIPULATIONS

  1. The Preliminary Site Plan attached hereto has not been approved and development on the Property will be subject to site plan review and administrative 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. Notwithstanding the foregoing, the Property shall be developed in substantial conformance with the Preliminary Site Plan attached hereto.  An amendment to the Use Permit shall be required if the property owner/developer wants to reconfigure the site and the Zoning Administrator or his/her designee determines the proposed site plan is not in substantial conformance with the Preliminary Site Plan attached hereto; and
  2. No alcohol, liquor, tobacco or marijuana shall be distributed through the Drive-through window of the convenience store constructed on the Convenience Store Use Permit Site; and,
  3. No stand-alone diesel pump canopies shall be permitted on the Convenience Store Use Permit Site; and,
  4. With the exception of temporary deliveries of fuel and goods, semi-truck parking and facilities for overnight semi-truck parking shall not be permitted or accommodated for on the Convenience Store Use Permit Site; and,
  5. All roof top units shall be shielded by parapet walls and parapet walls shall be designed and constructed in a manner to appear as a solid, three-dimensional form rather than a veneer; and,
  6. All ground mounted mechanical equipment shall be shielded in compliance with the approved landscaping plans; and,
  7. The drive-through lane for the convenience store shall have at least four (4) stacking spaces from the menu board to the first product pick-up window and at least four (4) stacking spaces between the entry of the drive-through lane and the menu board for ordering products.
  8. Queued vehicles shall not obstruct designated fire lanes or public streets. Any observed obstruction of designated fire lane or public streets by city staff shall be immediately remediated by the owner/operator and owner/operator shall prepare a traffic management plan to prevent future obstructions, which shall be completed and submitted to the Fire Chief and Director of Engineering or their respective designees within 30 days of city staff’s observation of the obstruction of the fire lanes and/or public streets. Said plan shall require approval from the Fire Chief and Engineering Director, or designees. The failure to comply with the requirements set forth herein can result in the termination of this use permit if the approved traffic management plan required herein is not in place and implemented in a timely fashion following city staff’s observations of obstructions to designated fire lanes and/or public streets; and,
  9. The Property shall be developed in substantial conformance with the Preliminary Landscape Plan attached hereto, unless the Development Services Director or designee has determined that alternative proposed landscaping provides an equal or greater level of quality and functionality as the landscaping reflected in the Preliminary Landscape Plan attached hereto; and,
  10. Except for the canopy over the fueling stations, the proposed convenience store developed on the Convenience Store Use Permit Site shall be in substantial conformance with the Conceptual Building Elevations attached hereto unless the Development Services Director or designee has determined that alternative color and design elements provide an equal or greater level of quality and functionality as the building elevations reflected in the Conceptual Building Elevations attached hereto.  The elevations of the canopy over the fueling station shall be upgraded during the site-plan approval process to modify the roofline of the canopy so the roofline is articulated in a manner to match the proposed convenience store and to include colors, undulation and scoring of materials that match the proposed convenience store; and
  11. All signage requires separate review and approval by the Development Services Department, and building permits must be obtained from the City prior to the installation of any signage; and,
  12. All decorative pavers and crossings shall be constructed of pavers, colored concrete, or stamped concrete (not stamped asphalt); and,
  13. All sidewalks, internal to the site, which connect to decorative pavers or a similar material, shall be ramped or sloped so pedestrians, strollers, bikes, etc. may cross the path; and,
  14. No fencing or monumentation signage greater than 3-feet tall shall be placed within the site visibility triangle shown on the preliminary site plan attached hereto; and,
  15. An outdoor structurally shaded seating area shall be provided on the Convenience Store Use Permit Site and shall be constructed concurrently with the convenience store and shall remain available to employees of the convenience store for seating breaks; and,
  16. The Sedella pergola and corner entry feature located at the northeast corner of Perryville Road and Indian School Road as reflected in the attached Preliminary Site Plan and/or Preliminary Landscape Plans shall be constructed prior to the issuance of a Certificate of Occupancy for the convenience store being permitted herein and shall contain a minimum of two shaded benches.  These amenities shall count towards the required 1% of gross site area usable as pedestrian oriented open space; and,
  17. The subject property is located within Lighting Zone 2. The City’s lighting standards may be found in Article 10 of the Zoning Ordinance when preparing lighting plans for the project except as modified by Ordinance No. 2005-0946,  which states the following:
    1. The Developer of any commercial parcel shall minimize the amount of light “spillage” or trespass into abutting residential neighborhoods and general light pollution. The maintained average luminance over the entire parking lot shall be no greater than 3.3-foot candles. Building mounted lighting shall include “house-sideshields” and cutoffs to reduce hot spots. Light trespass shall not exceed .8 vertical foot candles at all residential property lines and will be measured at six feet (6’) above grade, with the light meter aimed at 90 degrees above nadir and perpendicular to the site. Light poles adjacent to residential lots shall be a maximum of 18 feet, including concrete base(s); and
  18. Prior to the issuance of a building permit on the use permit site, a final photometric plan that identifies how light source will be placed and used to minimize light trespass into the nearby residential neighborhoods shall be submitted and shall be approved by Development Services Director or his designee up a determination that the placement of light sources complies with the requirements set forth above.

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 consists of approximately 1.37 acres and is located within a larger 13.48-acre planned commercial center, generally located at the northeast corner of Perryville Road and Indian School Road.

The subject property was zoned Final Planned Area Development with Ordinance No. 2005-0946 which zoned the larger Sedella development into residential and commercial mixed-use master plan community. The whole of Sedella is 638 acres and contains two commercially zoned corners which total approximately 31.75 acres.

STAFF ANALYSIS

Current Policy:
A Convenience Use (store with gas sales) and Drive-through is a Use Permit use in the General Commercial (C-2) which is equivalent to the Sedella (Community) Commercial Zoning District as well as within the Sedella Final Planned Area Development and is subject to the provisions of Article IV for Convenience Uses, which includes Convenience Use (store with gas sales) and Drive-through. Convenience uses are also subject to the provisions of Article 4-2 (Uses Requiring Additional Evaluation) of the Zoning Ordinance, which requires additional evaluation regarding the appropriate location and conditions of the use or operation. The Use Permit request is to be reviewed by the Planning and Zoning Commission and approved by the City Council.

Section 1-3-2 (Use Permits) of the Zoning Ordinance provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following two 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 Retail/Restaurant Drive-Through Use Permit Site, to the neighborhood, or to the public welfare; and,
  2. The proposed use is reasonably compatible with uses permitted in the surrounding area.

Section 4-2-2 (Convenience Uses) of the Zoning Ordinance requires evaluation of the following additional 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 proper access and internal circulation.
  2. Compatibility of proposed hours of operation with adjacent residential areas (hours of operation to be indicated in narrative).
  3. Required traffic and access mitigation measures, if any which may include:
    1. Additional right-of-way.
    2. Off-site traffic mitigation measures.
    3. Restriction of some traffic movements through signs or other measures.
    4. Segregation of queuing lanes, vehicle access and pedestrian circulation areas.
    5. Cross-access easements.
    6. Driveway locations
    7. Other concerns which may place the advisability of the proposed convenience use in question.
Surrounding Properties:
  • North – Vacant Commercial lands within Sedella and Sedella residential;
  • South – Indian School Road and vacant agricultural lands zoned PAD;
  • East – Vacant Commercial lands within Sedella, regional drainage and Sedella residential;
  • West – County land under development for Fulton Homes;

Details of the Request:
A convenience store with Drive-through is proposed on the northeast corner of Perryville Road and Indian School Road, within the undeveloped southwestern-most Sedella Commercial parcel. The subject property consists of 1.37 acres within the larger 13.48-acre parcel. The original Sedella Final Planned Area Development envisioned an array of commercial uses, on this site, including convenience uses as a Use Permitted use.

The proposed site contains a convenience store with gas pumps and a Drive-through window for pick up orders. The convenience store contains a Drive-through with queuing for a minimum of 8 cars (the pick-up window is not facing an arterial roadway), 19 parking spaces, two bike racks and 16 spaces adjacent to fueling stations (for fueling purposes). The applicant submitted their application for a Use Permit prior to the city’s new drive-thru standards being approved on June 27, 2022. The text amendment became effective on July 27, 2022. However, considering the Drive-through is limited in nature, and exceeds the city’s previous standards by two spaces, staff supports the proposal as presented.

The proposed site includes a 5,000 square-foot convenience store building with a northern facing (rear) drive-through window. The building entrance is oriented to face south, towards the arterial road and the fueling canopy. The gas station is not located at the hard corner of the arterial to arterial road.  Separate structures for other types of uses and a shaded seating area/corner monument will be located between the gas station and the corner of Perryville and Indian School.  The Sedella residential neighborhood to the north (more than 570 feet north). The convenience store will be located over 330 feet away from the residential properties to the east and 412 feet away from the HOA playground within Sedella.  

The convenience store, like the other buildings being developed within the Sedella Commercial Center, will include masonry, stone and metal materials. Building elevations and architectural finishes and colors will be cohesive throughout the development. Four-sided architecture shall be included on all buildings.

Building designs and architecture shall blend with and compliment the "Old World" Spanish Charm as has been established through the Sedella Planned Area Development. All buildings shall have a minimum of two colors painted on the base of the building. Final commercial design guidelines shall be submitted for review and approval by City Staff prior to the submittal of any site plan application for the commercial parcels.

The proposed building height is less than 25 feet at the tallest point which includes a decorative stone and metal tower.  This is under the 56-foot maximum building height established for the C-2 (General Commercial) zoning district.

The Preliminary Site Plan was submitted concurrently with the Use Permit. A Site Plan will be approved administratively upon Use Permit approval.

Evaluation Criteria:
The Zoning Ordinance, Section 1-3-2 (Use Permits), provides that the Planning and Zoning Commission and City Council must 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.
The Use Permit is proposed on property intended for the development of commercial uses. The proposed convenience store with Drive-through will be approximately 330 feet from the nearest residential property within Sedella and 412 feet from the nearest playground within the Sedella community. Given the building orientation, gas canopy configuration and Drive-through configuration, the Use Permit will not be materially detrimental to those persons working or shopping within the area, to the neighborhood or public welfare.

2. The proposed use is reasonably compatible with uses permitted in the surrounding area.
The area surrounding the property intended for the Use Permit includes a mix of commercial uses, retail and office uses. The existing and proposed commercial uses within the area are of like intensity and operation to the proposed Use Permit, and should therefore be compatible. The developer intends to provide additional landscaping along both the south and western property lines. When consideration is given to the building setback, the existing and new proposed landscaping, screen walls, canopies and pergolas as well as the buildings setback from both Perryville Road and Indian School Road, there is sufficient buffering to the adjacent properties.
 
Luke Air Force Base:
The subject property is located within the vicinity of a military airport. Given the location of the property and the commercial nature of the proposed Use Permit, base operations will not be adversely impacted by this development.

Phoenix-Goodyear Airport:
The subject property is not located within the Phoenix Goodyear Traffic Pattern Airspace. Additionally, given the commercial nature of the proposed Use Permit, airport operations will not be adversely impacted by this development.

3. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Fire Response:
Emergency response times and distances are provided below:
Nearest
Fire Station		 Shortest path Nearest
Goodyear Fire Station		 Shortest path
Mins Miles Mins Miles
(Buckeye Valley) Fire Station #321 1.89 0.94 Goodyear Fire Station #185 8.43 4.22
 
Police Response:
The property development is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property.

Solid Waste:
Solid waste service will be provided by a private company as bulk trash containers will be utilized.

Streets/Transportation:
The subject property will have access Perryville Road and Indian School Road.

Water/Wastewater:
The subject property will be served by a private provider. All infrastructure necessary to serve the subject property will be required to be installed by the property owner and/or developer.
 
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:

4. Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
The site of the proposed convenience store with drive-through is a 1.37-acre portion of a commercially zoned development. The convenience store with drive-through property will be adjacent to one of the main driveway entrances into the larger center off of Perryville Road, and will be served by internal connections to the commercial center. The site is adequate to accommodate the proposed building, drive through lane, and required off-street parking and sufficient landscaping.

5. Compatibility of the proposed hours of operation with adjacent residential areas.
The location of the facility is within a quarter mile of a residential neighborhood. Given the proposed building orientation facing north to south, and future commercial building allowances, staff believes the proposed establishment is compatible with the adjacent residential area.

6. Required traffic mitigation measures, if any.
A Traffic Statement is forthcoming. Any recommendations from the statement for site improvements will be required prior to Site Plan approval.

7. Other concerns, which may place the advisability of the proposed convenience use in question.
The Convivence store and Drive-through will be required to proceed through the full Site Plan review process to ensure the development is consistent with the General Commercial (C-2) Zoning District development regulations, the approved “Old World” character of Sedella, as well as the City’s adopted Design Guidelines, development standards, codes, and ordinances.

8. General public concerns.
Public Comment and Planning and Zoning Commission Meeting:
An in-person Neighborhood Meeting was conducted for this proposal and the proposal for the car wash.  A Notice of the Neighborhood Meeting was sent to property owners within 500 feet of the property on September 19, 2022; signs advertising the Neighborhood Meeting were placed on the site on September 19, 2022. The Neighborhood Meeting took place on October 4, 2022. During the meeting, some residents voiced concerns about traffic within and around Sedella, having a gas station on the site, the potential for alcohol to be distributed through a drive-through and concerns about the proximity of the commercial center to a nearby unfenced HOA park, and concerns that patrons and employees of the Convenience Store/Drive-through would use the HOA park. Other residents voiced their support for the proposed uses.

Additional Use Permit uses were added within the overall Sedella Commercial center.  Accordingly, a second in-person Neighborhood Meeting. Notice of the Neighborhood Meeting was sent to property owners within 500 feet of the property on September 13, 2023; signs advertising the Neighborhood Meeting were placed on the site on September 13, 2023. The Neighborhood Meeting took place on October 4, 2023. During the meeting this proposed Use Permit Use was presented along with the other proposed Use Permit uses. 

A public notice that this use permit request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on December 6, 2023 appeared in the Arizona Republic Southwest Valley Edition November 17, 2023; postcards were mailed to adjoining owners on November 3, 2022; and, the sign(s) on the site were updated on November 7, 2023 to notify residents of the scheduled public hearing.  During the second neighborhood meeting, residents voiced concerns about traffic within and around Sedella, the amount of industrial in the area, the desire for high quality restaurants, and a fear that if the use permits were not approved the site could become industrial.

The Planning and Zoning Commission considered this item at their regular meeting on December 6, 2023. Upon the conclusion of the staff presentation, two residents from Litchfield Farms (within the Maricopa County island) expressed concerns for the three Use Permits being considered that evening and sited noise and light trespass, community safety (including the potential for alcohol sales on the premise) and traffic congestion within the greater Sedella area. At the conclusion of the Public Hearing, Commissioners voted (5-0) to forward a recommendation of approval to the City Council.

Attachments