| AGENDA ITEM #:PZ24-00057 DATE: April 17, 2024 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | AMENDMENT TO ZONING ORDINANCE REGULATIONS RELATED TO CONVENIENCE USES, SELF-SERVICE STORAGE FACILITIES, AUTOMOTIVE REPAIR, AUTOMOBILE SERVICE STATION (GAS STATIONS), USE PERMITS, AND SPECIAL USE PERMITS |
| STAFF PRESENTER(S): | Christian M. Williams, AICP, Planning Manager |
SUMMARY:
This is a staff-initiated request to amend Articles 2, 3 and 4 of the Zoning Ordinance to allow convenience use self-storage (mini-storage), automotive service stations (gas stations).
RECOMMENDATION:
- Conduct a public hearing for a request to consider a Zoning Ordinance Text Amendment to Articles 2-2 (Definitions), 3-3 (Commercial Districts), 3-4 (Industrial Districts), 4 (Regulations of Particular Uses) and 4-2 (Uses Requiring Additional Evaluation) of the City of Goodyear Zoning Ordinance.
- Recommend approval of a for a request to consider a Zoning Ordinance Text Amendment to Articles 2-2 (Definitions), 3-3 (Commercial Districts), 3-4 (Industrial Districts), 4 (Regulations of Particular Uses) and 4-2 (Uses Requiring Additional Evaluation) of the City of Goodyear Zoning Ordinance related to certain convenience uses, self-service storage facilities, automotive repair and automobile service station (gas stations) being Permitted Uses in certain zoning districts subject to newly adopted regulations without the need for use permits or special use permits, as reflected in the proposed Ordinance 2024-1606. (Christian M. Williams, AICP, Planning Manager)
FISCAL IMPACT:
There is no direct budget impact associated with the approval of this Zoning Ordinance text amendment.
BACKGROUND AND PREVIOUS ACTIONS:
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time. The purpose of this text amendment is to streamline processes and save time for the development community, proactively enhancing efficiency; this entails moving certain uses from requiring a Use Permit or Special Use Permit to Permitted with development standards.
STAFF ANALYSIS
Current Policy:
Details of the Request:
Automobile Service Stations (Gas Stations):
Evaluation Criteria:
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
Public Participation:
To obtain a Use Permit or Special Use Permit an applicant may incur an additional four-to-six-month processing time, prior to Site Plan approval, and the application must follow the Public Hearing process.
Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in Any District) and 4-1-3 of the Zoning Ordinance (Special Uses Considered in Specified Districts), ‘Mini storage and recreational vehicle storage facilities’ may be considered in Commercial Districts (and Industrial Districts) with a Special Use Permit.
A Special Use Permit requires review by the Planning and Zoning Commission and approval by City Council following required public hearings. The process for the review of a Special Use Permit is set forth in section 1-3-4 of the Goodyear Zoning Ordinance and in the City of Goodyear Administrative Process Manual.
Pursuant to Section 3-3 (Commercial Districts) and 4-2-2 of the Zoning Ordinance (Convenience Use), 3-3 of the Zoning Ordinance (Service Stations, Automotive) gas stations and convenience stores are considered in C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts with a Use Permit.
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.
Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in Any District) and 4-1-3 of the Zoning Ordinance (Special Uses Considered in Specified Districts), ‘Mini storage and recreational vehicle storage facilities’ may be considered in Commercial Districts (and Industrial Districts) with a Special Use Permit.
A Special Use Permit requires review by the Planning and Zoning Commission and approval by City Council following required public hearings. The process for the review of a Special Use Permit is set forth in section 1-3-4 of the Goodyear Zoning Ordinance and in the City of Goodyear Administrative Process Manual.
Pursuant to Section 3-3 (Commercial Districts) and 4-2-2 of the Zoning Ordinance (Convenience Use), 3-3 of the Zoning Ordinance (Service Stations, Automotive) gas stations and convenience stores are considered in C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts with a Use Permit.
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:
This request for text amendment is to modify certain definitions and standards related to mini-storage facilities, automotive repair facilities, gas stations and convenience uses. Briefly summaries, the proposed text amendment includes the revisions to the following provisions in the Goodyear Zoning Ordinance for the purposes described:
- Article 2-2 (Definitions): Amends the definition of Automotive Repair and Service Station, Automotive to delineate between automotive repair uses and gas stations, amends the uses that are considered Convenience Uses, which require use permits, deleting gas stations and modifying the stores that require a use permit to only stores with drive-through facilities, adds a definition of Self-Storage Facility and amends the definition of Zoning Permit; and
- Sections 3-3-2(A) and 3-3-2(C) are amended to allow gas stations subject to regulations, convenience stores without drive-through facilities, and self-storage facilities subject to regulations as principal permitted uses in the C-1 (Neighborhood Commercial District), and deleting gas stations as a use permit use in the C-1 (Neighborhood Commercial District); and,
- Sections 3-3-3(A) and 3-3-3(C) are amended to allow gas stations subject to regulations, convenience stores without drive-through facilities, and self-storage facilities subject to regulations as principal permitted uses in the C-2 (General Commercial District) and deleting gas stations and self-storage facilities as use permit uses in the C-2 (General Commercial District) ; and,
- Sections 3-4-1(A) and 3-4-2(A) are amended to allow gas stations subject to regulations and self-storage facilities subject to resolutions as principal permitted uses in the I-1 (Light Industrial Park) and in the I-2 (General Industrial Park); and,
- Section 4-2-2 (Convenience Uses) is amended to make minor modifications to the requirements for the evaluation of convenience uses; and
- Section 4-2-3 (Automobile Service Station (Gas Stations) Regulations) is amended to adopt regulations for gas stations, which previously required a use permit but are now being permitted as principal uses in various zoning districts; and
- Section 4-2-19 (Self-Service Storage Facilities Regulations) is being added to adopt regulations for self-storage facilities, which previously required a special use permit but are not being permitted in various zoning districts.
If approved by Council, the ZOTA would result in an approximately four-to-six-month reduction of time to approve impacted development projects. Our partners in the development community would realize time savings in the development process through the creation of criteria for administrative review (staff-level approval within policy framework constraints) without the need for a Use Permit or Special Use Permit, when certain conditions are met. This proposal seeks to create conditions which will remove the need for Public Hearings, for the uses listed within this staff report.
The following is a summary of the changes proposed by the ZOTA, by use type:
Self-Service Storage Facilities:
The following is a summary of the changes proposed by the ZOTA, by use type:
Self-Service Storage Facilities:
- All Self-Service Storage Facilities, regardless of location, shall meet the following requirements:
- If located within five hundred (500) feet of a residential zoning district (excluding open space tracts or greenbelts in a developed or platted residential neighborhood) and not separated by a public roadway, canal, or railroad track, the facility shall be closed daily from 10:00 p.m. to 5:00 a.m.
- Storage of hazardous or dangerous materials is prohibited.
- No storage building shall exceed three (3) stories in height.
- Storage building(s) shall be limited to no more than five hundred (500) feet of frontage along any arterial road (including parkways).
- Windows, faux windows, and other exterior features shall not be made of materials that cause mirroring, glare, or reflection.
- Except for the main public entrance located on the first floor, the interior of the building (including without limitation interior contents, decorations, and storage unit doors, but not including those associated with the main office, staff offices, or lobby) shall not be visible from public roadways or residentially zoned properties.
- Sliding gates shall be screened with metal, wrought iron, or equivalent architectural features to shield the interior storage from the public view. PVC, vinyl, or similar slats may not be used as screening material.
- Except for the main public entrance on the first floor, all exterior doors shall be painted to match the building.
- Storage buildings and canopies shall be set back at least thirty (30) feet from any residential zoning district (excluding open space in a developed or platted residential neighborhood).
- An onsite landscape buffer of at least twenty (20) feet shall be located between any storage buildings, canopies, onsite parking or onsite driveways/drive aisles and any residential zoning district (excluding open space in a developed or platted residential neighborhood).
- Auctions, sales, service, or repair activities are prohibited, except for the disposal of abandoned property from renters on site.
- Self-Service Storage Facilities will be a Permitted Use within the C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zoning Districts subject to the following:
- All storage shall be within an enclosed building.
- Land area dedicated to storage shall not exceed:
- (i) Fifty percent (50%) of a commercial center or contiguous area of a commercial zoning district AND (ii) Seven and a half (7.5) acres.
- If the land area dedicated to storage exceeds these provisions, a Special Use Permit shall be required.
- Shall not be located within two thousand, six hundred and forty feet (2,600) feet of another Self-Service Storage Facility.
- If a storage unit does not comply with this provision, a Special Use Permit shall be required.
- A Self-Service Storage Facility shall not be located within three hundred (300) feet of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways).
- If a storage unit does not comply with this provision, a Special Use Permit shall be required.
- Self-Service Storage Facilities will be a Permitted Use within the I-1 (Light Industrial Park) and I-2 (General Industrial Park) Zoning Districts subject to the following:
- All outdoor storage (including without limitation the tops of recreational vehicles) shall be screened from the view of public roadways and residentially zoned areas by a solid wall or canopy.
Automobile Service Stations (Gas Stations):
- All Automobile Service Stations (Gas Stations), regardless of location, shall meet the following requirements:
- Prohibited from the outside display of tires, oil or other sale items is prohibited.
- If located within three hundred (300) feet of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways) or within three hundred (300) feet of an existing or planned signalized intersection, shall include (i) a two thousand five hundred (2,500) square foot or larger plaza with shade structure and seating (up to 50% of the plaza landscaping may be designed within the street side landscape setback right-of-way) or (ii) the fuel canopy shall be located to the rear of the building, not facing the intersection.
- Shall not be located within two hundred fifty (250) feet of residential districts (excluding open space tracts or greenbelts in a developed or platted residential neighborhood), unless separated by a public roadway, canal, or railroad track.
- Electric vehicle charging is permitted.
- Convenience Stores are permitted.
- Automobile Service Stations (Gas Stations) will be a Permitted Use within the C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zoning Districts subject to the following:
- No more than two (2) service stations are permitted within a quarter mile of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways), unless one of them is an Accessory Use.
- No more than one (1) Automobile Service Stations (Gas Stations) is permitted on the same corner (quadrant) of the intersection, unless one of them is an Accessory Use.
- Allowed in the C-2 (General Commercial) District as an Accessory Use to Large Retail User or retail stores of fifty thousand (50,000) square feet or larger.
- Semi-Truck fueling is prohibited.
- On-site semi-truck parking or overnight parking accommodations are prohibited.
- Truck stop facilities are prohibited.
- No more than two (2) service stations are permitted within a quarter mile of the nearest right-of-way line of the existing or planned intersection of two arterials (including parkways), unless one of them is an Accessory Use.
- Automobile Service Stations (Gas Stations) will be a Permitted Use within the I-1 (Light Industrial Park) Zoning Districts subject to the following:
- Semi-Truck fueling is permitted.
- On-site semi-truck parking or overnight parking accommodations are prohibited.
- Truck stop facilities are prohibited.
- Automobile Service Stations (Gas Stations) will be a Permitted Use within the I-2 (General Industrial Park) Zoning Districts subject to the following:
- Semi-Truck fueling is permitted.
- On-site semi-truck parking, overnight parking accommodations or Truck stop facilities (outside of the Luke Air Force Base or Phoenix Goodyear Airport Noise 65 DNL contour area) are permitted if a Special Use Permit is obtained.
Convenience Stores (without drive-through facilities):
- Convenience stores will no longer require a Use Permit.
- Convenience stores which do not have drive-through facilities will be a Permitted Use within the C-1 (Neighborhood Commercial) and C-2 (General Commercial) Zoning Districts.
- Convenience stores with drive-through facilities will require a Use Permit.
For any existing Use Permit or Special Use Permit approved for a the above referenced uses, the property owner would be entitled to give up the Use Permit or Special Use Permit and benefit from the proposed regulation or alternatively, can keep the rights granted by the Use Permit or Special Use Permit and continue to abide by any stipulations imposed as a condition of granting that Use Permit or Special Use Permit.
Evaluation Criteria:
As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below:
A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment;
The amendment is intended to streamline the development process. If approved, several months (approximately 4-6 months) of processing time will be removed from the development process which will result in a time and financial savings to the customer. The amendment also provides clarity to residents as to where uses requiring additional evaluation may locate.
B. Whether amendment is needed to respond to changes in the law, statutory or case law;
This text amendment is not being driven by a change in law, statutory or case law; rather this staff-initiated amendment is a proactive response to streamlining the development process.
C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues;
With this text amendment, there will be additional certainty for nearby resident and business owners as to what might locate on certain properties within the city, clarity for the development community as to where certain uses may locate by-right.
D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan;
The following 2025 General Plan Goals support the proposed Zoning Ordinance Tex Amendment:
Objective GD?1?1. Establish a land use hierarchy and community form that maintains a broad variety of land uses and responds to the community’s vision and needs.
Objective GD-2-4. Protect community assets from encroachment and incompatible land uses.
Objective CC-1-1. Create and foster complete neighborhoods.
Objective CC-1-3. Foster the creation and maintenance of attractive, high quality neighborhoods.
Objective GD-2-4. Protect community assets from encroachment and incompatible land uses.
Objective CC-1-1. Create and foster complete neighborhoods.
Objective CC-1-3. Foster the creation and maintenance of attractive, high quality neighborhoods.
E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public.
The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. The proposed text amendment provides clarity as to where uses requiring additional evaluation should locate.
Public Participation:
On March 13, 2024, the Planning and Zoning Commission held a Work Session to discuss the proposed changes requested within a draft proposal for a Zoning Ordinance Text Amendment and provided city staff with feedback.
On March 18, 2024, the City Council held a Work Session to discuss the proposed changes requested within this Zoning Ordinance Text Amendment and provided city staff with additional feedback and recommendations for the creation of a proposed Zoning Ordinance Text Amendment.
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on March 29, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website and distributed to members of the Goodyear Development Advisory Forum on March 27, 2024.
On March 18, 2024, the City Council held a Work Session to discuss the proposed changes requested within this Zoning Ordinance Text Amendment and provided city staff with additional feedback and recommendations for the creation of a proposed Zoning Ordinance Text Amendment.
This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on March 29, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website and distributed to members of the Goodyear Development Advisory Forum on March 27, 2024.
