| AGENDA ITEM #:22-300-00014 DATE: June 15, 2022 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | SPECIAL USE PERMIT FOR THE HOPE ASSEMBLY CHURCH |
| STAFF PRESENTER(S): | Steve Careccia, Planning Manager |
OTHER PRESENTER(S):
Isaac Newman, Hope Assembly Church
SUMMARY:
This is a request for a Special Use Permit for the Hope Assembly Church. The church is proposed within an existing building located at the northeast corner of Auto Drive and 137th Avenue within the Palm Valley Crossing Planned Area Development.
RECOMMENDATION:
- Conduct a public hearing to consider a request for a Special Use Permit for a church proposed within an existing building on property located at the northeast corner of Auto Drive and 137th Avenue, within the Palm Valley Crossing PAD.
- Recommend approval of the request for a Special Use Permit for a church proposed within an existing building on property within the Palm Valley Crossing PAD, subject to stipulations. (Steve Careccia, Planning Manager)
STIPULATIONS:
1. The requirements of Ordinance 07-1058, including the requirement of compliance with the Palm Valley Crossing Planned Area Development (PAD) Amendment dated December 2006, the Palm Valley Crossing Development Guidelines) except as amended herein;
2. A site plan for the change of occupancy contemplated by the Special Use Permit is not required and the Palm Valley Crossing Site Plan Church – Building A submitted with the application for a special use permit is not approved;
3. Parking shall be provided in conformance with the requirements for Institutional Use Classification set forth in Section 6-4-2 (G) of the city of Goodyear Zoning Ordinance and owner/operator shall demonstrate such conformance prior to issuance of a Change of Occupancy allowing the existing structure to be occupied and operated as a church;
4. In no instance shall parked vehicles obstruct designated fire lanes or public streets. Any observed obstruction 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 Special Use Permit by the City Council, through the public hearing process, 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;
5. The approval of this Special Use Permit does not constitute approval for any exterior modifications to the building or any other changes to the property or building and no modifications to the exterior of the building or any other changes to the property or building shall be undertaken without the owner/operator having first obtained all required permits and approvals from the city;
6. Except as otherwise expressly provided herein, neither a private school nor day care shall be operated on the property subject to the Special Use Permit. Child care services offered during church services are not considered day care and may be provided;
7. The approval of this Special Use Permit does not constitute approval for any signage associated with the use of the property subject to this Special Use Permit for a church. All signage on the Property shall comply with Article 7 (Sign Regulations) of the city of Goodyear Zoning Ordinance and the Comprehensive Sign Package for Palm Valley Crossing; and,
8. Prior to occupancy of the building, the church shall obtain approval of a Change of Occupancy from the city of Goodyear.
2. A site plan for the change of occupancy contemplated by the Special Use Permit is not required and the Palm Valley Crossing Site Plan Church – Building A submitted with the application for a special use permit is not approved;
3. Parking shall be provided in conformance with the requirements for Institutional Use Classification set forth in Section 6-4-2 (G) of the city of Goodyear Zoning Ordinance and owner/operator shall demonstrate such conformance prior to issuance of a Change of Occupancy allowing the existing structure to be occupied and operated as a church;
4. In no instance shall parked vehicles obstruct designated fire lanes or public streets. Any observed obstruction 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 Special Use Permit by the City Council, through the public hearing process, 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;
5. The approval of this Special Use Permit does not constitute approval for any exterior modifications to the building or any other changes to the property or building and no modifications to the exterior of the building or any other changes to the property or building shall be undertaken without the owner/operator having first obtained all required permits and approvals from the city;
6. Except as otherwise expressly provided herein, neither a private school nor day care shall be operated on the property subject to the Special Use Permit. Child care services offered during church services are not considered day care and may be provided;
7. The approval of this Special Use Permit does not constitute approval for any signage associated with the use of the property subject to this Special Use Permit for a church. All signage on the Property shall comply with Article 7 (Sign Regulations) of the city of Goodyear Zoning Ordinance and the Comprehensive Sign Package for Palm Valley Crossing; and,
8. Prior to occupancy of the building, the church shall obtain approval of a Change of Occupancy from the city of Goodyear.
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 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 property is a part of the Palm Valley Crossing PAD, as amended. The PAD provides for automotive-related, commercial and certain light industrial type uses. The PAD was initially approved in 1995 with the adoption of Ordinance No. 95-523. The subject property is in a portion of the PAD that was amended in 2007 with the adoption of Ordinance No. 07-1058. The purpose of the amendment was to modify certain development standards and land uses within this portion of the PAD.
The property is developed with an existing building consisting of approximately 15,578 square feet (13680 West Auto Drive, Building A). The site plan for this development was approved on November 21, 2018. A re-plat for the property was recorded on March 10, 2020. The property is designated as Lot 9A (1.255 acres) on the re-plat.
This item has not previously been before the Planning and Zoning Commission or City Council.
The property is developed with an existing building consisting of approximately 15,578 square feet (13680 West Auto Drive, Building A). The site plan for this development was approved on November 21, 2018. A re-plat for the property was recorded on March 10, 2020. The property is designated as Lot 9A (1.255 acres) on the re-plat.
This item has not previously been before the Planning and Zoning Commission or City Council.
STAFF ANALYSIS
Current Policy:
Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in any District), a church or other house of worship may be considered as a Special Use in any zoning district.
Pursuant to Section 1-3-4 of the Zoning Ordinance (Special Use Permits), a Special Use requires review by the Planning and Zoning Commission and approval from the City Council through the public hearing process.
Details of the Request:
The applicant is requesting approval of a Special Use for a church on the property. The church will lease an existing building onsite for their services and other activities. The building consists of approximately 15,578 square feet within a fully improved site. The building will remain essentially as is, with only interior modifications. No changes to the exterior of the building or site are proposed.
The project narrative indicates one in-person service a week will be provided - 11:00 AM on Sundays. Other services will be provided virtually, such as Bible study, prayer services and Christian educational services for children. Day care or a formal school are not a part of this request. The initial congregation is anticipated to be 200 members with the intent to grow the congregation subject to conformance with city parking and building occupancy requirements.
Section 1-3-4 of the Zoning Ordinance, Special Use Permits, states that Special Use Permits may be approved or approved with conditions only upon a finding the proposed use meets the criteria as set forth therein. The criteria and staff analysis are provided below:
1. Will be desirable or necessary to the public convenience or welfare.
2. Will be harmonious and compatible with the other uses adjacent to and in the vicinity of the selected sites or sites.
The use of the property as a church can be harmonious and compatible with the other uses adjacent to and in the vicinity of the property, provided that the church accepts the fact that it will be located within a commercial and flex-industrial area and the permitted uses on the surrounding properties may at times generate noise, light and traffic. With regard to church services and activities, they should have no adverse impact on the surrounding properties given all activities will occur indoors. Further, the traffic study found no adverse impacts to the city's roadways. Parking spaces will be provided in conformance with city standards by onsite spaces and through shared parking agreements.
3. Is in conformance with the adopted General Plan and ay adopted Area Plans.
The property is located within the Business and Commerce land use category as established within the General Plan, and this land use supports public and community facilities such as churches.
4. Will not be detrimental to surrounding properties in the area due to:
b. Excessive noise or light generated from within the site.
c. Excessive scale or height in relationship to surrounding properties.
d. Hours of operation.
e. Inadequate parcel size to provide adequate buffers or mitigation to surrounding properties.
There is no need for buffers or mitigation given the adjacent uses are non-residential in nature, with operations that should not be adversely impacted by the presence of a church providing services from an existing building.
f. Inconsistency with the development character or architecture of the adjacent properties.
The church will be leasing an existing building that was designed to complement the other buildings in the area. As the church does not plan any exterior modifications or changes to the site configuration, there will be no inconsistency of character or architecture.
Fire Department:
Emergency response times and distances are provided below:
Public Participation:
In accordance with the city’s Citizen Review Ordinance, a notice was sent to all property owners within 500 feet of the Property.
Notice for the public hearings before the Planning and Zoning Commission and City Council included the following: a notice mailed to surrounding property owners within 500 feet of the Property; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition.
To date, staff has not received any public inquiries on this project.
Pursuant to Section 4-1-2 of the Zoning Ordinance (Special Uses Considered in any District), a church or other house of worship may be considered as a Special Use in any zoning district.
Pursuant to Section 1-3-4 of the Zoning Ordinance (Special Use Permits), a Special Use requires review by the Planning and Zoning Commission and approval from the City Council through the public hearing process.
Details of the Request:
The applicant is requesting approval of a Special Use for a church on the property. The church will lease an existing building onsite for their services and other activities. The building consists of approximately 15,578 square feet within a fully improved site. The building will remain essentially as is, with only interior modifications. No changes to the exterior of the building or site are proposed.
The project narrative indicates one in-person service a week will be provided - 11:00 AM on Sundays. Other services will be provided virtually, such as Bible study, prayer services and Christian educational services for children. Day care or a formal school are not a part of this request. The initial congregation is anticipated to be 200 members with the intent to grow the congregation subject to conformance with city parking and building occupancy requirements.
Section 1-3-4 of the Zoning Ordinance, Special Use Permits, states that Special Use Permits may be approved or approved with conditions only upon a finding the proposed use meets the criteria as set forth therein. The criteria and staff analysis are provided below:
1. Will be desirable or necessary to the public convenience or welfare.
The use of the vacant building for a small but growing church will provide additional worship opportunities for the citizens of Goodyear while providing utilization of a vacant building.
2. Will be harmonious and compatible with the other uses adjacent to and in the vicinity of the selected sites or sites.
The use of the property as a church can be harmonious and compatible with the other uses adjacent to and in the vicinity of the property, provided that the church accepts the fact that it will be located within a commercial and flex-industrial area and the permitted uses on the surrounding properties may at times generate noise, light and traffic. With regard to church services and activities, they should have no adverse impact on the surrounding properties given all activities will occur indoors. Further, the traffic study found no adverse impacts to the city's roadways. Parking spaces will be provided in conformance with city standards by onsite spaces and through shared parking agreements.
3. Is in conformance with the adopted General Plan and ay adopted Area Plans.
The property is located within the Business and Commerce land use category as established within the General Plan, and this land use supports public and community facilities such as churches.
4. Will not be detrimental to surrounding properties in the area due to:
a. Impact on the circulation system of the adjacent neighborhood.
The roadways in the adjacent area are fully improved and completed to collector road standards. The traffic study did not identify any conflicts from the operation of the proposed church nor indicate any additional roadway improvements were required.
With regard to parking, the church will utilize 60 parking spaces located on the property and adjoining lot per a shared parking agreement. The church also has a shared parking agreement with the property owner to the west for use of an additional 86 parking spaces within an overflow parking lot. With these additional spaces, the church will meet its minimum parking requirement of 145 spaces, which is based on building area (one space per 75 square feet of public assembly area and one space per 300 square feet of other indoor areas).
b. Excessive noise or light generated from within the site.
Activities for the church will occur indoors within an existing building. No new equipment will be added to the existing building that will generate excessive noise or light.
c. Excessive scale or height in relationship to surrounding properties.
The church will lease an existing building in an area containing buildings of similar scale and height. As such, there should be no conflicts given the similar building types within this area.
d. Hours of operation.
The church does not propose hours of operation that would adversely impact any neighboring property. Rather, it is anticipated that the church's primary event (Sunday service) will occur during a time when several of the other surrounding businesses are closed or have reduced hours of operation. Staff does not propose any restrictions on hours of operation with this Special Use Permit.
e. Inadequate parcel size to provide adequate buffers or mitigation to surrounding properties.
There is no need for buffers or mitigation given the adjacent uses are non-residential in nature, with operations that should not be adversely impacted by the presence of a church providing services from an existing building.
f. Inconsistency with the development character or architecture of the adjacent properties.
The church will be leasing an existing building that was designed to complement the other buildings in the area. As the church does not plan any exterior modifications or changes to the site configuration, there will be no inconsistency of character or architecture.
Fire Department:
Emergency response times and distances are provided below:
| Nearest Goodyear Fire Station | Shortest path | Longest path | 2nd nearest Fire Station | Shortest path | Longest path | |||||
| Mins | Miles | Mins | Miles | Mins | Miles | Mins | Miles | |||
| #181 | 2.32 | 1.16 | 2.32 | 1.16 | #183 | 4.83 | 2.42 | 4.83 | 2.42 | |
Public Participation:
In accordance with the city’s Citizen Review Ordinance, a notice was sent to all property owners within 500 feet of the Property.
Notice for the public hearings before the Planning and Zoning Commission and City Council included the following: a notice mailed to surrounding property owners within 500 feet of the Property; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition.
To date, staff has not received any public inquiries on this project.