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AGENDA ITEM #: 4.
DATE: April 14, 2021
CAR #:

CASE #: {Case#}
Planning & Zoning Commission ACTION REPORT
 
SUBJECT: PUEBLO VERDE STORAGE SPECIAL USE PERMIT REQUEST FOR CONVENIENCE STORAGE (MINI-STORAGE) ON PROPERTY ZONED C-1 (NEIGHBORHOOD COMMERCIAL)
 
STAFF PRESENTER(S): Christian M. Williams, Planner

SUMMARY:

Request for a Special Use Permit for a convenience storage (mini-storage) on an approximately 3.8-acre property zoned C-1 (Neighborhood Commercial) located southeast of Sarival Avenue and Yuma Road.
 

RECOMMENDATION:

  1. Conduct a public hearing to consider a request for a Special Use Permit for a convenience storage (mini-storage) on an approximately 3.8-acre property zoned C-1 (Neighborhood Commercial) located southeast corner Sarival Avenue and Yuma Road.
  2. Recommend approval of the request for a Special Use Permit for a convenience storage (mini-storage) on an approximately 3.8-acre property zoned C-1 (Neighborhood Commercial) located southeast of Sarival Avenue and Yuma Road, subject to stipulations. (Christian Williams, Planner)

STIPULATIONS:

  1. Approval of the use permit does not constitute approval of a site plan. All future development 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. No Signage is approved as part of this use permit.
  3. No windows or faux windows will be mirrored in a manner which causes glare or reflection.
  4. All windows/doors shall be tinted. The interior contents, decorations and interior storage unit doors (or replica unit doors) shall not be visible from the exterior of the building in any direction. The interior of the building should not be visible from the public street with the exception of the approximately 750 square foot public office/customer entrance located on the first floor at the northwest corner of the main two-story building.
  5. The public facility hours of operation shall fall between 5:00 a.m. and 10:00 p.m. Monday – Sunday.
  6. The Rear Setback shall be 30 feet, the East Side Setback may be 0 feet for the southern approximately 220 feet (adjacent to fire station security parking lot/screening wall) (subject to stipulation #7) and 10 feet on the northern approximately 200 feet (adjacent to the unfenced fire station landscape and retention area), the West Side Setback may be 0 feet in the event of a Minor Land Division so long as the building is no closer than 30 feet to a public street. The Maximum Building Roof Deck Height shall be 23 feet and building parapets may extend up to a Maximum Height of 28 feet.
  7. The Property may be developed with a zero (0) foot setback along the portion of the Property adjacent to the existing wall on the west side of the City owned Fire Station 184 Site (the “Fire Station 184 West Side Wall”) pursuant to which the Fire Station 184 West Side Wall will be removed and a storage facility will be constructed on the property line of the Property abutting the location of the Fire Station 184 West Side Wall subject to all of the following: 
  • A. In additional to all other approvals required, the approval by the Goodyear Fire Chief and/or his designee, in his/her sole discretion, of the proposed site plan and construction plans providing for the removal of the existing wall on the west side of the City owned Fire Station 184 Site, the construction of the building that will be built on the lot line where the wall was removed, and the restoration of the Fire Station 184 Site, including landscaping plans; and
  • B. The approval of the City Council, in its sole discretion, of all agreement(s) and/or easements determined by the City Attorney or his designee that being needed to ensure the aesthetics, safety, integrity, security, and on-going operations of Fire Station 184 Site.  Such agreements and/or easements shall be drafted by the City Attorney and shall include, at a minimum, the following:
    • i. Limitation of the application of the zero lot set back to development in which a storage building is constructed on the Property line adjacent to where the Fire Station 184 West Side Wall is currently located (the “Zero Setback Building”); and
    • ii. Requires that the wall of the Zero Setback Building facing Fire Station 184 is constructed so that there is no possible way to enter from the building to Fire Stations 184 Site (i.e. no doors, no exits, and no windows); and  
    • iii. The wall of the Zero Setback Building that will face the fire station shall match the theme, color and materials of the currently existing wall on Fire Station 184 Site; and
    • iv. Security and safety measures that are to be implemented during the construction of the building that will be constructed on the Property line adjacent to where the current Fire Station 184 West Side Wall is located determined by city staff, including the Fire Chief, Police Chief or their respective designees, as being needed for safety and security purposes; and
    • v. Provides terms regarding access to the Zero Setback Building from the secure Fire Station 184 Site; and
    • vi. Provides terms regarding the maintenance and repair of the Zero Setback Building, including terms and remedies, including the removal of the Zero Setback Building and the construction of a wall in the location of the original Fire Station 184 West Side Wall, if needed to secure the Fire Station 184 Site.  All costs incurred in the removal of the Zero Setback Building and the construction of the new wall will be borne by the Property Owner; and
    • vii. Requires the payment of the costs of constructing a new wall jeopardizes the security of Fire Station 184 Site if the failure to maintain the Zero Setback Building results in the loss of security; and
    • viii. Building by the owner of the Property, the replacement of wall if the storage building is removed, the limitation of the zero foot setback to development in which a building is constructed on the Property line adjacent to where the Fire Station 184 West Side Wall is currently located, the use of the building and other terms and conditions intended to address the safety, security integrity and uses of Fire Station 184 SIte; and 
    • ix. Requires the Property Owner to indemnify and hold harmless the City of Goodyear from all claims that arise from and/or that are in any way related to the removal of the Existing Fire Station 184 West Side Wall and the use of the Zero Setback Building to prevent access to the Fire Station 184 Site. This includes by way of example, but not limitation, claims involving the removal of the Fire Station 184 West Side Wall, the construction of Zero Setback Building, the maintenance and repair of the Zero Setback Building; claims involving the unauthorized access to the Fire Station 184 Site from the Property, etc.; and
    • x. Requires the Property Owner to carry insurance naming the City of Goodyear as an additional insured protecting the City of Goodyear against all claims described above and that includes terms prohibiting any subrogation against the City; and
    • xi. Requires the Property Owner to waive of all claims for damages against the City of Goodyear that arise from and/or are in any way related to the removal of the Existing Fire Station 184 West Side Wall and the use of the Zero Setback Building to prevent access to the Fire Station 184 Site, including claims related to any purported breach of terms of any agreement and/or easement entered; the sole remedy shall be injunctive relief; and
    • xii. Requires the Property Owner to pay for all damages incurred by the City in connection with the removal of the Existing Fire Station 184 West Side Wall and the use of the Zero Setback Building to prevent access to the Fire Station 184 Site, including by way of example but not limitations, damages resulting from the unauthorized access to the Fire Station 184 Site from the Property; and
    • xiii. Requires the replacement of a wall along the property line of the Fire Station 184 Site if the Zero Setback Building is removed; and
    • xiv. Provides financial security as determined by city staff as needed to ensure that the Fire Station 184 Site is restored as required. 
No site plan that provides for a zero (0) setback as described above shall be approved until the agreement(s) and/or easements referred to above have been approved by Council.  All agreement(s) and/or easement(s) referred to above shall run with the land and be binding on all future successors and interest in interest or title to all or part of the Property.
  1. The sliding gates shall be screened in an architecturally designed manner which shields the interior storage from the public view.  PVC, vinyl, or similar slats inserted into a gate does not constitute architecturally designed manner.
  2. 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 9 p.m. and 6 a.m.
  3. All exterior doors (excluding doors for the office) including man doors, and loading unloading, and individual storage units doors shall be painted to match the buildings where there are located.

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 southeast corner of Sarival Avenue and Yuma Road in the Pueblo Verde Planned Area Development. The C-1 (Neighborhood Commercial) zoning was approved on November 8, 2004 with Ordinance No. 04-921. The C-1 Neighborhood Commercial land use designation establishes convenience storage (mini-storage) as a use that requires approval of a Special Use Permit.
 

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 applicant intends to develop a portion of a vacant parcel, within the Pueblo Verde (Glenmont Estates) development, into a self-storage facility and has submitted an application for a Special Use Permit.

The property where the storage facility is proposed consists of approximately 3.8 acres; an additional 2.72 acres at the hard corner of Sarival Avenue and Yuma Road will not have buildings constructed at this time. The site will contain two driveways, parking, screen walls, landscaping, retention and the storage facility. Improvements will be made to a portion of the un-landscaped median island within Yuma Road just north of the proposed storage facility.

The proposed 101,537 square-foot storage building will include indoor convenience storage (mini-storage) facility. The two-story building will feature internal loading/unloading areas as well as exterior roll up garage doors. The single-story buildings will all include singular exterior roll up garage doors for individual units. The proposed hours of operation for unit leaseholder access will be Monday-Sunday between 5:00 a.m. and 10:00 p.m. The applicant contemplates the office being open to the general public between 9 a.m. and 6 p.m.  

To ensure a twenty-foot gap does not exist between the storage building that will be located behind the wall along the western boundary of Fire Station 184 Site, planning staff and the applicant support the reduction of the setback in this area to zero feet and the removal of the existing wall along the west side of Fire Station184 Site and the construction of a storage building on the eastern property line of the Property where the wall was removed.  (This area is located on the eastern boundary of the Property between the southern boundary of the Property extending approximately 220 feet north.)  The wall of the storage building to be constructed will serve as the barrier between the Property and the Fire Station 184 Site.  Because the wall of the storage building will be on the Property line and will be used to prevent access to Fire Station 184 SIte, agreements and/or easements need to be in place that address how the Property owner accesses the secure Fire Station 184 Site, the maintenance and repair of the building by the owner of the Property, the replacement of wall if the storage building is removed, the limitation of the zero foot setback to development in which a building is constructed on the Property line adjacent to where the Fire Station 184 West Side Wall is currently located, the use of the building and other terms and conditions intended to address the safety, security integrity and uses of Fire Station 184 Site.  Accordingly, the application of the zero-foot setback as described herein, is contingent upon the City Council approving agreement(s) and/or easement(s) determined by the City Attorney as being needed to address the issues associated with the use of a third-party’s building as a means of preventing access to a secure city facility.  As part of this process, the applicant will coordinate with Fire Department staff at the Fire Station 184 Site to coordinate the removal and rebuilding of a wall along the property line. The wall facing the fire station will match the theme, color and materials of the existing wall. The applicant and Fire staff will coordinate throughout the construction project to mitigate any safety and security concerns.
 
The preliminary site plan shows once the redevelopment work is completed, the two-story building will be 64,630 square foot, the single-story buildings will be 36,907 square feet and 14 parking spaces will be made available for office workers and guests.
Conceptual building elevations included with the Special Use Permit application convey the architectural design intended for the building. The proposed building height is 22 feet, not counting the screen wall, and 27 feet 8 inches counting parapets, which is under the 30-foot maximum building height established for the C-1 (Neighborhood Commercial) zoning district.

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.

Personal property storage facilities meet a need in the community. With the limited storage space provided in many homes built today, these facilities are designed to function as an extension of a person’s home and provide convenience to the community’s residents by providing additional storage for items that cannot be stored in their home or business. As families and businesses grow and shrink in size, their need for storage changes. As a person’s storage requirement increases, without a convenient storage facility close by, a resident or business may be forced to relocate out of a community to a home or property that provides additional storage space or to a location that has personal property storage conveniently located. Currently there are three facilities open within a two-mile radius of this site which are completely full and, thus, not meeting the community demand for storage in this fast-growing city.
 
  1. The proposed special use will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.

Personal property storage facilities are commercial uses, but are very low in intensity, thus are very compatible with almost any land use including the residential neighborhood to the south, the fire station to the east, and the other future commercial uses to the west in this center. Storage facilities generate low traffic and are very quiet buffers between residential properties and roads or other commercial uses. In addition, this storage facility has been architecturally designed to be consistent and compatible with the architecture in the area.
 
  1. The proposed special use is in conformance with the adopted General Plan and any adopted Area Plans.

Both the General Plan and current zoning designation of the property provide for commercial uses, including personal property storage with a Special Use Permit. There is no overlay or adopted plan that would preclude the proposed personal storage use.
 
  1. 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; hours of operation; inadequate parcel size to provide adequate buffers or mitigation measures to surrounding properties; inconsistency with the development character or architecture of the adjacent properties.

The circulation of the personal property storage use is entirely within the commercial center and will not impact any adjacent properties.
Other than the typical parking lot and building-mounted security lighting, no additional lighting or obtrusive lighting is proposed. All security lighting wall sconces on the south side of Building E will be installed at a height that will contain all light within the landscape area and will not spill over to the residential parcels.

The noise generated by the proposed use is significantly less than most other commercial uses that could be located on this property. The findings of the noise study the applicant completed indicated that the projected maximum noise levels at the residential properties would be 50 dBA or less, without the screening effect of the 13 ft. tall, single-story buildings. With the screening of the single-story buildings, the noise would be reduced below the 50 dBA level. The noise impact is less than all Arizona noise standards and the City of Goodyear’s stipulated noise level in limits.

The proposed personal property storage project will be a combination of single-story buildings along the south portion of the project adjacent to the residential community and a two-story building along Yuma Rd. The maximum height of the single-story buildings will be 13’ 6” and the two-story building will be 27’ 8”, both of which are less than the maximum permitted height of 30’ under the current zoning. The height of the two-story building is approximately the same height as the fire station.

The proposed personal property storage use will have an office that is open from 9 a.m. until 6 p.m. seven days a week. Once a customer has signed a lease, they will be able to access the site from 5 a.m. until 10 p.m.

Although the applicant is proposing to reduce the easternmost side setback, there will still be appropriate distances to all adjacent uses to allow for adequate buffering/screening as needed.

The proposed personal property storage buildings will be the first use to develop in this commercial center. It has been designed using an agrarian architectural theme with architectural elements and materials that are compatible and consistent with the other buildings and architecture in the area.

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.
 
  1. 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 Goodyear Fire Station Shortest path Longest path 2nd Nearest Goodyear Fire Station Shortest path Longest path
Mins Miles Mins Miles Mins Miles Mins Miles
Fire Station #184/181 .42 .21 .42 .21 Fire Station #185 9.75 4.88 9.75 4.88

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 both Sarival Avenue and Yuma Road via two driveways into the property.

Water/Wastewater:
The subject property will be served by city of Goodyear water and wastewater utilities.
 
  1. General public concerns.

Public Comment and Planning and Zoning Commission Meeting:
On Wednesday, May 15, 2020 - a neighborhood meeting was conducted at the Goodyear Municipal Complex for residents to discuss the project, ask questions and express any comments or concerns. During this meeting, many staff and neighbor concerns were brought to the attention of the developer. On Tuesday, December 1, 2020 – a second neighborhood meeting was held for the project and led by the developer. The meeting was held outdoors and socially distant in the Yavapai Street cul-de-sac just behind the project location in Glenmont Estates (Pueblo Verde HOA). Approximately a dozen residents attended including the HOA president and member of the HOA Board. The developer gave presentations and staff was there to assist with process questions.

As a result of public feedback since May 2020, and staff working with the applicant, many changes were made to the project: the two-story component of the building was placed on the north end of the property, further away from residents; one-story garage style units were added to the south side of the property, closest to residents; the garage style unit area will be screened from view from outside the property and all garage units face internal and away from residential; the developer worked with residents on the north side of Yavapai Street (just south of the project) on a landscaped buffer with resident desired tree species; a view fence will be added near an HOA retention basin in order to reduce potential residential cut through pedestrian travel; staff has restricted see through windows on any two-story components of the building and anywhere outside the main office and the applicant has agree to those changes; the design was modified to take components of the nearby Goodyear Fire Station 184 and the Sarival Marketplace; and the developer has worked with Goodyear Fire in order to take into account safety as it relates to the portion of the project that will about the fire station property.

A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on April 14, 2021 appeared in the Arizona Republic Southwest Valley Edition March 26, 2021; postcards were mailed to adjoining owners on March 18, 2021; and a sign was posted on the site on March 24, 2021.
 

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