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AGENDA ITEM #:P24-00177
DATE: June 12, 2024
CAR #:
CASE #: {Case#}
Planning & Zoning Commission ACTION REPORT
 
SUBJECT: WEST VALLEY CHRISTIAN SCHOOL EXPANSION
 
STAFF PRESENTER(S): Jimmy Carreon, Assistant Planner

OTHER PRESENTER(S):

Mike Patten, Patten and Associates

SUMMARY:

Request for a Special Use Permit for a private school expansion on property zoned Agricultural Urban (AU) and Commercial Office (CO) on approximately 16.45-acre property, located along 161st Lane north of Van Buren Street (School Property).
 

RECOMMENDATION:

  1. Conduct a public hearing to consider a request for a Special Use Permit for a private school expansion on property zoned Agricultural Urban (AU) and Commercial Office (CO) on an approximately 16.45-acre property, located approximately at the northeast corner of Sarival Avenue and Van Buren Street.
  2. Recommend conditional approval of a Special Use Permit for a private school expansion on property zoned Agricultural Urban (AU) and Commercial Office (CO) on approximately 16.45-acre property, approximately located at the northeast corner of Sarival Avenue and Van Buren Street, subject to stipulations (Jimmy Carreon, Assistant Planner).

STIPULATIONS:

The approval of the Special Use Permit is subject to the following conditions and stipulations:
  1. Development and use of the site shall be for a school, recreational fields, parking, and outdoor storage containers; and,
  2. Future expansion and development of the site shall be subject to the review and approval of a Site Plan or Site Plan amendment; and,
  3. No Signage is approved as part of this Special Use Permit; and,
  4. Outdoor storage may be provided in no more than four (4) outdoor storage containers. All outdoor storage containers used shall be constructed of metal. Storage containers shall not be visible from West Van Buren Street or along the sidewalks and right-of-way adjacent to Van Buren Street; and,
  5. All portions of 161st Lane used to access the school’s property shall be paved from the point of access to West Van Buren Street.
  6. The development and operation of the private school expansion shall be in conformance with all applicable health, nuisance, fire, and safety codes. If upon inspection, the city determines that the facility fails to comply with such applicable codes, then the facility operator and/or owner shall have thirty (30) days to bring the facility into compliance. Failure to bring the facility into compliance within thirty (30) days shall constitute grounds for the removal of the facility at the operator and/or owners’ expense; and,
  7. With the exception of vehicle entry points, a wrought iron fence shall be installed along the west side of North 161st Avenue on parcels 500-10-704A and 500-10-705B (the Commercial Office (CO) Property) and no portion of the fence shall encroach within the street setback. Landscaping enhancements adjacent to the wrought iron fence on the Commercial Office (CO) Property and within the retention basin shall be installed when sport fields, permanent parking, or other permanent buildings/improvements are developed on any portion of the Commercial Office (CO) property. The Commercial Office (CO) Property may be used for temporary parking for school events subject to approval by the Zoning Administrator of a Temporary Use Zoning Permit; and,
  8. A fully paved access driveway between 161st Lane and North 161st Avenue (the Residential and Emergency Access Drive) shall be included in any Site Plan to construct an additional building on School Property; this stipulation is also subject to the following:
    1.  The Residential and Emergency Access Drive shall be constructed and open for use prior to a certificate of occupancy being issued for any new building constructed on School Property subject to paragraph “e.” below; and,
    2. No certificate of occupancy shall be issued for any new building constructed on School Property until the Residential and Emergency Access Drive is constructed and open for use or written consent is received pursuant to paragraph “e.” below; and,
    3. The Residential and Emergency Access Drive shall not be used for vehicle queuing, school parking, student drop-off and/or pick-up or any other school activities between the hours of 6:00 a.m. to 4:00 p.m. Monday through Friday subject to paragraph “e.” below; and,
    4. The Residential and Emergency Access Drive shall be open and reserved only for ingress and egress by (i.) residents and guests of the residential neighborhood adjacent to the school and (ii.) all emergency services between the hours of 6:00 a.m. to 4:00 p.m. Monday through Friday subject to paragraph “e.” below; and,
    5. No Residential and Emergency Access Drive shall be required to be constructed or reserved for specific use upon the written consent of both the owner of what is currently parcel 500-05-028B and the City of Goodyear Zoning Administrator, at their sole discretion.
    6. If the Commercial Office (CO) Property is utilized as temporary parking for school events the Residential and Emergency Access Drive shall not be used as a point of ingress or egress into any temporary parking lot located on the Commercial Office (CO) Property; and,
  9. A Parking Management and Queuing Plan shall be created by West Valley Christian School prior to the date the Residential and Emergency Access Drive is open for use; this stipulation is also subject to the following:
    1. The Parking Management and Queuing Plan shall be delivered to enrolled students and parents at least fourteen (14) days prior to the beginning of each school year and/or prior to any new students starting enrollment date; and,
    2. The Parking Management and Queuing Plan will show student drop-off and pick-up routes that exclude the Residential and Emergency Access Drive; and,
    3. The Parking Management and Queuing Plan shall show all student drop-off and/or pick-up entering the School Property using 161st Lane and any entry into school parking lots or queuing lines shall be south of the Residential and Emergency Access Drive; and,
    4. All student drop-off and/or pick-up queuing lines shall not impede access to the Residential and Emergency Access Drive; and,
    5. If in the future the Residential and Emergency Access Drive is not required to be reserved for specific uses, the Parking Management and Queuing Plan may be altered or amended and may eliminate all references to the Residential and Emergency Access Drive; and,
    6. The Parking Management and Queuing Plan shall create a plan that shows whenever the Commercial Office (CO) Property is utilized as temporary parking all ingress and egress onto the Commercial Office (CO) Property shall use 161st Lane, and shall show all ingress, egress, and queuing lines for the Commercial Office (CO) Property shall be south of the Residential and Emergency Access Drive; and,
    7. West Valley Christian School shall be responsible for enforcing the Parking Management and Queuing Plan; and,
    8. The Parking Management and Queuing Plan and any future revisions or amendments shall be submitted by West Valley Christian School to the City of Goodyear. The school shall keep on file a record of the preceding notification sent to parents and students and permit the city to inspect such records to verify compliance with the stipulations of this Special Use Permit.

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 at the northeast corner of Sarival Avenue and Van Buren Street. The current zoning of the property is Agricultural Urban (AU) and Commercial Office (CO). The property was annexed into the city in 1983 with the adoption of Ordinance No. 83-156 with the city equivalent zoning designation of Agricultural Urban (AU). In 2007, the Goodyear City Council adopted Ordinance No. 07-1072 which rezoned a portion of the property located at the northeast corner of 161st Lane and Van Buren Street from Agricultural Urban (AU) to Commercial Office (CO).

The Goodyear Zoning Ordinance requires schools to obtain a Special Use Permit, however, school districts, as political subdivisions of the state, are exempt from the zoning regulations of the City of Goodyear and charter schools are exempted under A.R.S. §15-189.01(A). The City of Goodyear adopted Ordinance 07-1076 on June 25, 2007 which sought to expand the ability of schools to locate in any district with the approval of a Special Use Permit rather than be limited to certain zoning districts. The existing West Valley Christian School campus is considered legally non-conforming since it predates Ordinance 07-1076 that allowed schools in all zoning districts with the approval of a Special Use Permit. A Special Use Permit is required in this case because no state exemption exists for private schools.

STAFF ANALYSIS

Current Policy:
A Special Use Permit requires review by the Planning and Zoning Commission and approval by the City Council through the Public Hearing process.

Details of the Request:
The West Valley Christian School property is approximately 16.45 acres in total and includes parcels both east and west of 161st Lane. The school will be accessed utilizing the existing driveway off 161st Lane. Access to 161st Lane will be shared with one resident owner who resides to the north of West Valley Christian School along 161st Lane. The expansion proposal includes parking lot and driveway additions as well as new classroom buildings and outdoor storage containers. An application for a Special Use Permit has been submitted for this expansion. The applicant intends to construct one additional school building and an additional parking lot on an existing recreation field located at the northwest corner of Van Buren Street and 161st Lane.

The parcel to the north of the main classroom buildings, 500-05-028C, is currently envisioned to be used for recreation and sport activities, with the potential for future classroom expansion. The eastern parcels of the property located at the northeast corner of 161st Lane and Van Buren Street, 500-10-704A and 500-10-705B, currently serve as temporary parking and may be developed for recreation fields, additional parking, or future classroom expansion, depending on future school needs.

Evaluation Criteria:
The Zoning Ordinance, Section 1-3-4 (Special 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 proposed special use will be desirable or necessary to the public convenience or welfare.
The new classroom facility and parking expansion will allow the school to provide additional capacity to serve residents in addition to enhancing internal parking and vehicle circulation.

2. The proposed special use will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.
This project relates to the expansion of an already existing and operational school and meets the height requirements set forth by the Agricultural Urban (AU) and Commercial Office (CO) districts. The property is directly adjacent to an arterial street, providing transit and mobility options. Several other schools, churches, and assembly uses located immediately northwest of this location.

The land uses and zoning of the surrounding properties include the following:
  • North: Roosevelt Irrigation District Canal, Harvest Baptist Church, Palm Valley Montessori School, and single-family residential.
  • East: Compass Church and single-family residential.
  • South: Van Buren Street and single-family residential.
  • West: Roosevelt Irrigation District Canal, Vacant land, Sarival Avenue, and multi-family residential.
3. The proposed special use is in conformance with the adopted General Plan and any adopted Area Plans.
The new classroom facility and parking expansion will provide additional capacity for alternative schooling opportunities and “create and foster a complete neighborhood by meeting the needs of the surrounding neighborhood”, as discussed in the General Plan.

4. The proposed special use will not be detrimental to surrounding properties or persons in the area due to; impact on the circulation system of the adjacent neighborhood; excessive noise or light generated from within the site; excessive scale or height in relationship to surrounding properties; inadequate parcel size to provide adequate buffers or mitigation measures to surrounding properties; inconsistency with the development character or architecture of the adjacent properties.
West Valley Christian School is proposing a new building and parking expansion which will be located off a major arterial road, West Van Buren Street, and west of 161st Lane. The new classroom building will be located directly east of the existing school gymnasium, north of the existing pre-school building, and will complement the existing classroom buildings on site.
 
The proposed building and parking expansion will be accessed from 161st Lane and will be shared by one property owner located north of 161st Lane and residents performing student pick up and drop offs.
 

Conceptual elevations included with the Special Use Permit application convey the design intended for the building and parking expansion. The proposed classroom building heights are 17 feet 10 inches which is less than the 30 feet allowed within both the Agricultural Urban (AU) and Commercial Office (CO) Districts.

This Special Use Permit will facilitate the future development of these parcels for private school uses.
 
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 Special 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 Special Use Permit, airport operations will not be adversely impacted by this development.

5. 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:
Agricultural Urban (AU) property:
 
 
Commercial Office (CO) property:

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 to West Van Buren Street via 161st Lane and an existing parking lot entrance/exit located west of 161st Lane.

Water/Wastewater:
The subject property will be served by private water and wastewater utilities.

6. General public concerns.
Public Comment:
An in-person Neighborhood Meeting was conducted for this proposal and Notice of the Neighborhood Meeting was provided to property owners within 500 feet of the property on May 4, 2024; signs advertising the Neighborhood Meeting were placed on the site on May 7, 2024. The neighborhood meeting took place on May 22, 2024. Approximately 20 residents were in attendance from the surrounding neighborhood.

At the neighborhood meeting, residents expressed several concerns that included, the need for a school-run traffic management plan during student pick-up and drop-off times, traffic circulation and queuing on site, school generated traffic overflowing into Van Buren Street and North 161st Avenue due to poor internal traffic circulation, and how the new parking and circulation plans would address the traffic issues. As a result of the traffic related concerns, the applicant agreed to submit a Site Plan with updated internal traffic circulation patterns and agreed to include stipulations related to school traffic and access within this Special Use Permit.

A public notice that this Special Use Permit request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on June 12, 2024 appeared in the Arizona Republic May 24, 2024; postcards were mailed to adjoining owners on May 23, 2024; and a sign was updated on the site on May 24, 2024.

Attachments