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Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com Project Narrative PROPOSED FUEL CENTER Southwest Corner of N. 67th Ave. and W. Montebello Ave. City of Glendale, Arizona Request: Setback/Landscape Buffer Variance for a proposed Fuel Center in City of Glendale, Arizona SR # 22-0621 April 2023 Planning Division Received May 26, 2023 Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com INTRODUCTION A Fuel Center with a walk-up kiosk is proposed on approximately 1.4 acres of land located at the southwest corner of N. 67th Ave. and W. Montebello Avenue within the jurisdiction of the City of Glendale. The narrow lot and extended setback/landscape buffer zone requirements in a commercial zone adjacent to a residential zone presents a site that is unbuildable with commercial use. Consequently, a variance is required. Specifically, this project is designed to be within 41 feet of the residential zoned single-family dwellings to the west and will provide a 10- foot landscape buffer along North 67th Avenue, where a 25-foot buffer is required by the city zoning code. However, the 51-foot structural setback is far greater than other nearby commercial structural setbacks from residentially zoned parcels. Additionally, the amount of landscape proposed along North 67th avenue greatly exceeds most all the commercial uses in the vicinity. Outdoor merchandise containers are to be located as shown on the site plan that will not interfere with pedestrian ways, fire lanes, required parking spaces, driveways, landscape areas or traffic visibility at driveway entries and street intersections. The merchandise items proposed are those at other Fry’s Fuel Centers in Arizona and typical of other items contained within fuels center merchandise containers. The parcel is a single Maricopa County Assessor Parcel number 144-25-001D, located within a portion of section 13, Township 2 North, and Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, hereinafter the “Subject Property”. The existing zoning for the subject property is C-2, and the general plan designation is MDR 5 (Medium Density Residential: 3.5 - 5.0 du/ac). Per the City of Glendale Zoning ordinance, a Fuel Center is an allowable use with a conditional use permit. On behalf of Mark Development Inc, we are submitting this request for a Variance to allow a Canopy and walk-up kiosk for the Fuel Center Islands to be within the development setbacks and landscape buffer zone. An analysis of the required findings is supported below. Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com EXISTING CONDITIONS The site is undeveloped vacant land, generally sloping from northeast to southwest. It is currently bound by residential development from the west and south, residential development north across W. Montebello Ave., and new residential construction across N. 67th Ave. to the east. The table below depicts the existing land use and zoning of adjacent parcels. Existing Land Use Existing Zoning North (Across W. Montebello Ave.) Residential (Skyview West Unit 1 Subdivision) R-3 East (Across N. 67th Ave.) Residential and Parking Lot R-4 and A-1 South Residential C-2 West Residential (Skyview West Unit 2 Subdivision) R1-6 SITE USE CONSIDERATIONS The proposed Fuel Center is designed to house seven (6) fuel dispensers and a walk-up kiosk. The merchandise sale is proposed to be within the proposed kiosk and within display racks outside and near the kiosk. The site has been designed to orient the gasoline service pumps and canopy covering the pumps in-line in a north-south direction near the center of the site. Please refer to the canopy and kiosk elevations submitted as part of the Variance package. The proposed development layout is designed to provide an adequate circulation pattern that will satisfy customer vehicles while updating the landscape and parking needs of the overall site. The site will be re-graded to direct the drainage from southeast to northwest to proposed onsite retention to meet the minimum required distance from the right of way to the site entry. This project will provide no unusual or detrimental impacts on public health, safety, or welfare. Noise will be minimal, which is consistent with the use. No smoke, dust, vibration, or odor issues are anticipated for this use. Lighting will be directed away from surrounding areas and meet code requirements. Typical safety guidelines and techniques associated with a fuel center will be implemented to minimize the risk of hazards to persons. Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com A neighborhood meeting was conducted at the Don Mensendick Elementary School on February 16, 2023, to facilitate Public Participation and elicit local community input. One neighbor showed up and expressed his concern regarding merchandise sales on the site that would compete with his convenience store located on the west side of N 67th Avenue north of the project site. Another citizen had questions regarding the environmental impacts of a fuel center, in particular his concern was with contamination to the groundwater. The citizen was informed that the underground storage tanks have dual membranes and alarms to detect leaks between the membranes. Additionally, no nearby wells provide water for the residents in this area that could be contaminated by any proposed use. The nearby residents are served by public water. VARIANCE FINDINGS Special Circumstances or Conditions applicable to the Property including shape, location, and surroundings not self-imposed by the owner deprive the owner of privileges enjoyed by other properties in the vicinity under the same commercial zone classification. Property owner did not self-impose Restrictive Conditions The property was rezoned from C-1 (Neighborhood Commercial) to C-2 (General Commercial) by Rezoning Application Z-01-09, on October 10, 2011, when Jane Gaugler owned the property. The property is currently owned by KEMAD LLC/NASS 3 PROPERTY LLC; The agent for KEMAD LLC is Emad Abushanab. Neither Emad nor the KEMAD LLC/NASS 3 PROPERTY LLC owned the subject property when this site was zoned C-2 or when the city originally zoned the parcel for commercial use. Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com Shape of Parcel/Surroundings The subject parcel is rectangular and fronts two roadways with one side adjacent to a residentially zoned parcel. Consequently, any use must maintain a 60-foot structural setback (Reference Note 1, Table 3 in C-2 Zoning Districts) from the residentially zoned property (west) and a 25-foot landscape buffer from N. 67th Avenue. This leaves a 37.13 foot-wide building envelope between the road on the east and the residents on the west. Consequently, these constricting setbacks and the parcel shape in relation to the roads make it infeasible to construct any commercial use and prevents a safe stacking area for patron vehicles to line up to pump gas under a canopy. Moreover, commercial uses require parking lots and drive isles, which combined with the restrictive 60 foot structural setback and 25 foot landscape buffer restrict the commercial building area. Due to special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the same classification in same zoning district. Privileges Enjoyed by other properties with C-2 Zoning Classification Strictly adhering to the C-2 Zoning standards requiring a 60-foot structural setback from residentially zoned property and a 25-foot landscape buffer is contrary to the commercial development in the area. A sample of commercially zoned property in the immediate vicinity is shown below and none of the structures are setback from the residentially zoned property 60 feet and none of them have any landscape along 67th Avenue. Consequently, the other properties zoned for commercial uses are afforded privileges not enjoyed by this site. Granting the Variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general Beneficial to Adjoining Properties/Surrounding Neighborhood/City in General Development of a low intensity use such as a Fuel Center with no convenience store significantly reduces the risk of a use that would promote loitering (convenience stores, retail Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com stores, etc.....) or late-night activities with disturbing noise (Restaurants with live music, bars, etc....). This is beneficial to the adjoining neighbors, the surrounding neighborhood, and the city in general. The adjoining neighbors currently have a very run down 6 foot dooly wall along the property line that the developer is willing to replace with an 8 foot privacy wall with a material to be agreed upon by the city, developer and neighbors. This is a substantial benefit to the adjoining neighbors. The surrounding neighborhood and city in general will have the benefit of a competitive fuel center to patronize that offers rewards to those who shop at any of Fry’s stores. C-2 zoned property close to subject site with less than 60-foot setback to Residentially zoned property. Sustainability Engineering Group LLC “LEEDing and Developing Smart Projects” Sustainability Engineering Group, LLC 5240 N 16th St, Suite 105 Phoenix, AZ 85016 (480) 588-7226 Info@azseg.com www.azSEG.com C-2 property closest to Subject Site less than 60 feet from Residentially zoned property C-2 Property closest to subject site with no landscape buffer CONCLUSION Substantial evidence supports a finding that the development proposed meets the city criteria for granting a variance. Accordingly, we respectfully request that the Glendale City staff recommend that the Board of Adjustment approve the requested variances.