Summary:
Introduction:
The applicant, Taylor Earl of Earl & Curley, on behalf of Abernathy Holdings, is requesting a Conditional Use Permit (CUP) to allow a mini-storage facility in accordance with the Cibola Vista Planned Area Development (PAD) zoning for the subject site.
Pursuant to Section 21-321 of the City Code, decisions on Conditional Use Permits are the purview of the Planning and Zoning Commission, subject to an appeal to the City Council. On October 17, 2024, the Planning and Zoning Commission obtained a legal quorum, held a public hearing and unanimously (4-0) approved the CUP for the proposed mini-storage facility. Subsequently, a timely appeal was received by City staff (Exhibit 1 of this report). As a result, the City Council is required to hold a public hearing and render a decision on the appeal. The decision before the City Council will be to affirm, modify, or overturn the Planning Commission decision on the CUP.
Should the approval of the CUP be affirmed by the City Council, the applicant would proceed forward with the Site Plan application that is currently under review (Case SP22-34), with construction plans to follow.
To be clear:
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The zoning for the property, Planned Area Development (PAD), establishes the land use and development rights for the site (e.g. setbacks, building height, etc.). The zoning for the site was established by City Council on May 1, 2001. The applicant is not seeking a change in zoning.
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Conditional Use Permit (“operational and physical impacts”) – The purpose of the CUP is to ensure that the physical and operating characteristics inherent with the land use have been sufficiently resolved or mitigated, thereby optimizing compatibility with the surrounding area. More specifically, the review and decision regarding a CUP application is limited to site-specific impacts such as noise, traffic, odor, light, hours of operation and others.
Cibola Vista Planned Area Development (PAD):
In 2001, the City adopted Ordinance No. 01-14 approving the Planned Area Development (PAD) zoning entitlement for the 241-acre master planned community of Cibola Vista. The planned community contained a mix of uses including single-family residential, multi-family residential, resort commercial, and commercial. One of the sites within the development that contained a commercial designation at the time of adoption was the subject site. More specifically, the approved Cibola Vista zoning for the subject site referred to the City's Intermediate Commercial (C-2) zoning district for the schedule of permitted and conditionally permitted uses. Within the City Council adopted land use schedule, Mini-Storage Facilities are a conditionally permitted use, thereby requiring the issuance of a CUP to further scrutinize and mitigate any physical and operational characteristics.
Context:
The subject site is a triangular shaped property, and bounded on the west by a single-family subdivision (Pleasant Valley Estates). To the north is a single undeveloped commercial parcel that is part of the West Wing Planned Community District (PCD) Zoning District. The east side of the site is bounded by Lake Pleasant Parkway, which is designated as a limited access parkway. Lake Pleasant Parkway runs at an angle from southwest to northeast at this location thereby creating the triangular shape of the subject site. Directly east of Lake Pleasant Parkway is the northern extent of the Cibola Vista resort, and a vacant commercial parcel that is part of the Cibola Vista PAD.
Proposal:
The applicant is requesting approval of a Conditional Use Permit for a Self-Storage Facility. Since the initial request was filed in 2022, there have been a number of touch points with neighbors resulting in several alterations made to the design to address specific site related concerns, as described further below. The proposed storage facility would consist of 693 units and 470 square feet of office space, that results in a 92,157 square foot building consisting of two (2) floors above-ground and one (1) basement level (below ground). With a floor situated below grade, the top of the building parapet will be twenty-five (25) feet above grade, which effectively places the building height below what is permitted in the adjacent single-family neighborhoods at thirty (30) feet. Office hours will be from 9:30 AM to 6:00 PM Monday through Friday, and 9:30 AM to 5:00 PM Saturday and Sunday. Move-in and access hours will be from 6:00 AM to 9:00 PM daily.
Land Use:
Every zoning district within the Zoning Ordinance identifies certain land uses, which are “permitted outright”, and those that are seen as complementary to typical permitted uses in the district, but due to their physical or operational characteristics, may need additional design or performance regulations in place to ensure they are developed and operated in a manner that is compatible with adjoining uses. These types of complementary uses are referred to within the Zoning Ordinance as “conditionally permitted.”
In 2001, the City Council approved the Cibola Vista Planned Area Development (PAD) which included a schedule of permitted and conditionally permitted uses for the commercial areas identified within the community. More specifically, the current language within the Cibola Vista PAD refers to land uses in accordance with the Intermediate Commercial (C-2) Zoning District. This means an Indoor Storage (i.e. Mini-Storage) Facility is an allowed use on this site, subject to the issuance of a Conditional Use Permit.
Appeal Analysis:
The application that is the subject of this appeal is the Conditional Use Permit for the proposed storage facility. Section 21-321.H.2.a states that the Council "shall base its decision on the written findings previously issued by the Commission, applicable law, the review criteria stipulated in this Section, and guidelines promulgated by the Department."
While operational characteristics are one facet to consider in assessing this type of request, another is evaluating how will the resulting development either blend or impact the surrounding character of the area. In this specific situation, the proposed development seeks to emulate elements of the adjacent residential homes to the west and the Cibola Vista Resort to the east. The Indoor Self-Storage use proposed on the site is one of the least intense non-residential uses conditionally permitted within the Intermediate Commercial (C-2) Zoning District.
The review criteria identified within Section 21-321 of the Zoning Ordinance are stated within the Staff Report (Exhibit 4) to the Planning and Zoning Commission on October 17, 2024 and are further analyzed within that report. In their approval of the Conditional Use Permit request, the Planning Commission adopted the findings provided with the Staff Report (Exhibit 4) on October 17, 2024, which are restated below.
Findings:
- The subject site is located within the Retail Commercial portion of the Cibola Vista Planned Area Development (PAD).
- The Cibola Vista PAD allows permitted and conditionally permitted uses consistent with the Intermediate Commercial (C-2) zoning district, as outlined in the Peoria Zoning Ordinance, within the Retail Commercial portion of the PAD.
- The City Council adopted Zoning Ordinance Text Amendment (Ord. 2024-05) regarding Self-Storage facilities which allowed for those facilities in process at the time of the text amendment to utilize the ordinance in place prior to the ordinance adoption.
- The proposal meets the requisite Limitations on Use standards within Section 21-505 of the City of Peoria Zoning Ordinance.
- When operated in accordance with the recommended conditions of approval, the use is not expected to have an impact on adjacent properties.
- On behalf of the owner, the applicant has submitted a signed and notarized Proposition 207 waiver, which will be recorded with the conditions outlined below.
In reviewing the appellants request, there is no justification or evidence provided that states how the Commission’s decision did not meet the Council adopted review and approval criteria specified within the Zoning Ordinance. Rather, the basis of the appeal appears to illegitimately challenge or relitigate the 2001 Council adopted land use schedule, permitting the land use at this location. As such, the validity of the appeal is in question.
Public Involvement:
Public Noticing:
The application was properly noticed pursuant to Section 21-315 of the Peoria Zoning Ordinance, which includes notification to all property owners within 600 feet of the site and registered HOAs within one (1) mile, posting of a sign on the site, and placing an ad in the Peoria Times at least 15 days prior to the Public Hearing.
Outreach Efforts:
As a requirement of the Conditional Use Permit application process when opposition is received within 21 days of the notice of application, the applicant conducted a neighborhood meeting and provided a Citizen Participation Report detailing the results of the meeting. In this case the applicant chose to hold two (2) neighborhood meetings to conduct additional outreach efforts. In preparation for the neighborhood meeting, the applicant notified all property owners within a 600-foot radius of the site and all registered Homeowners’ Associations within one (1) mile.
A neighborhood meeting was held on January 25, 2023, at the West Wing Mountain Community Center. Approximately eighty-one (81) people attended the neighborhood meeting, along with the Councilmember and City staff members. At the meeting, the development team presented the details of the project and answered the resident’s questions. Concerns from residents were brought up regarding issues such as building height, hours of operation, traffic, visibility into adjacent residences, and security for the subject site.
In light of neighborhood concerns the applicant responded by lowering the building from three (3) stories to two (2) stories above grade and modifying the architecture. Subsequent to those modifications, a 2nd meeting was held in order to provide additional information, and address additional input from surrounding property owners.
The second neighborhood meeting was held on August 14, 2023. Approximately twenty-five (25) people attend the meeting. Comments from attendees referenced items such as tree species, lighting heights, A/C locations, and loading locations. After the meeting, an additional reduction to the proposed building height occurred, resulting in the design as presented by staff to the Planning and Commission.
Support/Opposition:
At the time the Commission Agenda was published for the 10/17/24 meeting, the City had received one-hundred one (101) letters in opposition, eight (8) letters without a clear, stated position, and none (0) letter in support (Exhibit 4). It is important to note that all opposition received prior to the Planning and Zoning Commission staff report was received prior to the revisions to lower the building height for the proposed development and prior to the second neighborhood meeting.
Subsequent to the writing of the staff report to the Planning and Zoning Commission but prior to the hearing on October 17, 2024, staff received three (3) additional letters of opposition, and two (2) additional letters identifying comments but no stated position.
An additional eleven (11) letters have been received since the Planning Commission action, but only five (5) of the letters were from individuals who had not previously commented. The additional correspondence, which includes one (1) letter in support, can be found in Exhibit 5.
Following the Planning and Zoning Commission action on October 17, 2024 to approve the subject Conditional Use Permit an appeal of the decision by the Planning and Zoning Commission was submitted to City staff on October 22, 2024.