Goodyear Planning Commission approves QuikTrip 24/7 convenience store despite 1,000-signature Pebble Creek petition

Planning Commission Forwards Quick Trip 24/7 Gas-Station Permit to Council Despite Massive Senior Community Opposition

The Goodyear Planning and Zoning Commission voted unanimously on June 26, 2024, to recommend approval of Quick Trip Corporation's use permit for a convenience store and fuel station at the southeast corner of North 166th Avenue and West Indian School Road—a location immediately adjacent to the Pebble Creek senior community. The vote will move to City Council on July 8th, following an emotional and densely attended public hearing dominated by nine organized speakers representing over 1,000 petition signatories opposing the proposal.

The Commission's approval came with seven stipulations designed to limit the intensity of the use: prohibitions on truck-stop services, semi-truck fueling, semi-truck parking, and overnight-parking accommodations. However, Commissioner Nemo's pointed questions about nighttime traffic methodology and the inconsistency of these stipulations against a similar permit approved six months prior signaled deep internal unease with the staff recommendation, even as the Commission voted unanimously to forward it.

Key Speeches

"We are not proposing any type of truck services, no semi fueling, no showers, nothing that would attract semi trucks. We've heard traffic concerns, we've heard proximity to residential concerns, we've heard noise, lighting, safety and environmental concerns." — Brian Greous, Birch and Cracchiolo, applicant's attorney

"It is total nonsense to build a 24-hour QT which is a high-volume business, 1,362 more vehicles, noisy with bright lights with increased potential for criminal activity right next to a retirement community." — John Angus, Pebble Creek resident

"My only question is I look at the proposed stipulation on this project and there's only like seven stipulations on this. You know 6 months ago the commission and the city council approved a permit for convenience use with a gas station about 2 and a half miles from here on the corner of P School Road and Faille, and in fact that location that gas station is less than 500 ft from the AES residential Community. However, I look at that there's like 18 stipulations." — Commissioner Nemo

Timeline

• Applicant presentation: Senior Planner Guadalupe Ortiz Cortez outlined the 1.8-acre site within the approved "Triangle" commercial master plan (PB-33-PAD, approved February 2023). The site is approximately 240 feet from the Pebble Creek Recreation Area and 700 feet from the nearest single-family residence. Noise studies by the applicant concluded 45 dB or lower at closest residential property. Staff found the use compatible with C2 General Commercial zoning and permitted uses that include bus terminals, funeral homes, and pawn shops—none restricted by hours.

• Applicant's legal team presentation: Brian Greous and Daniel Chambers presented detailed site plans, traffic studies, and comparative analysis. Greous emphasized that 75% of Quick Trip trips represent "pass-through" traffic already on Indian School Road; net new trips estimated at 1,362 per 24-hour day, representing only 2% of Indian School Road's 23,900-vehicle daily capacity. Two existing Quick Trip locations were cited near 55-plus communities in Phoenix (Grand Avenue and Bell Road) with no documented crime increase. Chambers, a Quick Trip employee, stated that all Quick Trip locations operate 24/7 for "consistency of product offer" regardless of profitability during off-peak hours, and that employees carry personal panic-button devices connected to corporate monitoring.

• Public comment: Nine residents spoke against; six additional speaker cards were submitted but chose not to speak after hearing earlier testimony. Comments overwhelmingly centered on the incompatibility of 24/7 operations with senior-living quietude and health needs.

• Council discussion: Commissioner Nemo pressed staff on traffic methodology, noting the absence of nighttime-only traffic studies and questioning whether the previous approval (six months prior, on Pebble School Road near Faille) had received 18 stipulations while this project—closer to the freeway and with similar intensity—had only seven. He also raised the question of alcohol and marijuana sales, which were explicitly restricted in the previous permit. Commissioner Booth and Commissioner Wang did not voice additional concerns.

• Vote: Unanimous recommendation for approval (7-0). Chairman Climber (voting remotely) noted that the property meets zoning, general plan, and use-permit criteria, making it "tough to turn down," and reiterated his position on the prior Circle K application (which had been passed, not denied, by the Commission before withdrawal by the applicant). The motion passed; Commissioners Smith, Booth, Wang, Nemo, Vice Chair Samito, Hegedus, and Chairman Climber all voted in favor.

Opposition

Number of speakers against: 9 (representing over 1,000 petition signatures from Pebble Creek residents, per Jackie Brand's testimony)

Main concerns:

1. 24/7 operation incompatible with senior community. Joan Knight noted that Pebble Creek "rolls up the sidewalk at 9:00 p.m.," and that while the sports complex is restricted to 6:00 a.m.–9:00 p.m., Quick Trip would operate around the clock with no restrictions.

2. Noise and sleep disruption tied to health outcomes. Joan Knight cited research showing that noise disturbance during sleep can contribute to high blood pressure and cardiovascular disease in elderly residents. Victor Leo detailed potential air pollution from eight fueling pumps serving 16 vehicles, noting benzene and other volatile organic compounds (BTEX) known to cause breathing difficulties and aggravate asthma and COPD.

3. Traffic congestion at freeway-adjacent location. Patrick Murphy argued that Indian School Road traffic is "getting worse and worse," and that the signalized intersection two blocks from Loop 303 will become "a nightmare" and "a real traffic jam and a hazard to the community." Commissioner Nemo himself noted the absence of nighttime traffic studies, implying that the applicant's 24-hour aggregate figure (1,362 trips) masked unknown concentrations during vulnerable hours.

4. Crime risk amplified by freeway proximity. Patrick Murphy stated that robbers could "get off the freeway, rob the place, and be on the road again within 5 minutes and be miles away." Vic Knight noted that only two employees work after midnight, and that the facility lacks a dedicated security guard despite being in an "accident potential zone" (the 65 DNL noise contour from Luke Air Force Base). He also raised concerns about open-border immigration issues and climbing the existing six-foot wall.

5. Insufficient health and environmental safeguards. Victor Leo cited Luke Air Force Base jet fuel exhaust, Loop 303 vehicle emissions, and Indian School Road congestion as existing pollution sources, with Quick Trip gas pumps adding to an "unhealthy toxic mix" especially harmful to seniors with asthma, COPD, and other respiratory conditions.

6. Inconsistency with prior approval standards. Joan Knight pointed out that Goodyear restricts certain McDonald's locations (e.g., Indian School and Sarraille) from midnight to 5:00 a.m., and that Luke Air Force Base itself does not fly jets at night or before 7:00 a.m. She called for parity: either deny the permit or impose similar hour restrictions.

7. Timing disadvantage for snowbirds. Patrick Murphy objected to the June scheduling, noting that over 50% of Pebble Creek residents are snowbirds absent in summer, reducing the community's ability to voice opposition at this critical approval stage. He observed that this was the second time such a proposal appeared in June.

Most compelling arguments:

• Jackie Brand and Troy Hutchins drew a direct parallel to the prior Circle K application (which had been approved by the Commission but withdrawn by the applicant before Council hearing). Hutchins stated: "You denied the Circle K, it was a gas station, and now we're coming right back. The only thing we didn't do was put some diesel pumps in, but it's still a gas station—same condition, same concerns." This rhetorical move questioned the Commission's consistency and suggested the prior approval already constituted a policy statement against gas stations at this location.

• Commissioner Nemo's written question about stipulation parity (7 vs. 18) and nighttime traffic data suggested that the staff analysis itself was incomplete and that the applicant's business-case argument for 24/7 operation (consistency of product offer, brand identity) should not override public-safety and community-compatibility analysis—particularly when equivalent uses elsewhere had been subject to far stricter conditions.

• Don Balanx posed the unanswered question: "What's their profit range from Midnight to 5:00 a.m.? Why do they really have to be open?" Daniel Chambers' response (emphasis on brand consistency rather than revenue) left the functional justification for 24/7 operation unresolved and vulnerable to the inference that community burden was being imposed for corporate policy, not economic necessity.

Organized groups: Pebble Creek Community (residents, homeowners association representatives) with a formal petition drive exceeding 1,000 signatures. A letter from Jeff Spectre (name referenced but not read into the record) was cited multiple times by speakers as a comprehensive summary of opposition concerns.

Support

No organized support was voiced during public comment. The applicant and its counsel presented their case but made no attempt to argue community or municipal benefit; the stance was legal and regulatory compliance.

Project Details

• Case number: Not stated in transcript; reference to PB-33-PAD master plan (approved February 2023).

• Applicant / developer: Quick Trip Corporation, represented in person by Daniel Chambers (Quick Trip employee, 1116 East Broadway Road, Tempe).

• Attorney: Brian Greous, Birch and Cracchiolo, P.A. (counsel also listed: Ed Bull, partner; Madison Leak, associate).

• Location / address: Southeast corner of North 166th Avenue and West Indian School Road, Goodyear, Arizona.

• APN (if stated): Parcel 4, Final Plat of PV-303 East 2, Phase 1, recorded February 16, 2018, Maricopa County official records, Book 1370, Maps page 10.

• Current zoning → Proposed zoning: C2 General Commercial (no zoning change required). Property has been designated for commercial or industrial use since the 1998 General Plan and retains Business and Commerce designation under the 2035 General Plan.

• Density / units / square footage: 5,000-square-foot convenience store; 7,000-square-foot fuel canopy; 8 fueling pumps with capacity to serve 16 vehicles simultaneously. Site is approximately 1.8 acres. Proposed 24/7 hours of operation.

• Changes from previous version (if reconsideration): The applicant's team and the prior Circle K applicant (2023) proposed a master plan including a truck-fueling component on the southern portion of the lot. Quick Trip's revised application does not include truck-fueling infrastructure and explicitly disclaims any future intent to add such services. The previous applicant's use permit was withdrawn before City Council hearing, but the Commission had voted to recommend approval. The master site plan (PB-33-PAD) remains approved but was clarified by staff as a conceptual exercise; the southern truck-fueling component would require a separate use-permit application if pursued by a future applicant.

Vote Breakdown

• Final: 7–0 (unanimous recommendation for approval to City Council)

• Yes: Commissioner Smith, Commissioner Booth, Commissioner Wang, Commissioner Nemo, Vice Chair Samito, Commissioner Hegedus, Chairman Climber

• No: None

• Abstentions / absences: None (Chairman Climber and Commissioner Hegedus participated remotely by phone)

Outcome & Next Steps

The Planning and Zoning Commission forwarded a recommendation of approval to Goodyear City Council, subject to seven stipulations:

1. Prohibition of truck-stop or Travel Center facilities and services
2. Prohibition of on-site semi-truck parking and overnight-parking accommodations 3–7. [Specific conditions not fully detailed in transcript but referenced as part of the staff report]

City Council hearing: July 8, 2024, at the Goodyear City Council chambers.

Key unresolved items:

• Commissioner Nemo's request for nighttime-only traffic data and clarification of alcohol and marijuana sales policies was not formally resolved before the vote. Chambers and the applicant indicated willingness to address such matters but did not commit to revised stipulations at the Planning Commission level.
• The status of the Filibertos use permit (immediately east of the proposed Quick Trip site, approved April 2021 for 24/7 operation) remains unclear. Jackie Brand stated that Filibertos had not filed for building permits, extensions, or groundbreaking as of June 2024, suggesting the permit may no longer be active—a point disputed or unclear in staff response.
• The drainage and site-plan implications of the storm detention basin on the front of the property will be reviewed during civil and building-permit phases.

Controversies & Context

Community opposition context:
The Pebble Creek community, a large and well-organized 55-plus residential enclave, had previously mobilized against the Circle K application (2023), generating over 1,000 petition signatures and extensive public comment. That application advanced to the Commission and received a recommendation for approval but was withdrawn by the applicant before City Council. The Quick Trip application represents a reversion to the same site and nearly identical operational profile (24/7 gas and convenience services), creating the perception of a "second bite at the apple" after the community had already organized opposition.

Stipulation inconsistency:
Commissioner Nemo's central concern—that a similar convenience-use permit approved six months prior (on Pebble School Road near Faille, even closer to residential property, 500 feet vs. 700 feet) had received 18 stipulations while this application had only 7—was raised but not resolved. The staff explanation that the prior permit involved a drive-thru window attached to gas service (making alcohol and marijuana sales restrictions necessary) was incomplete, because the question was not merely about product-type restrictions but about intensity and hours of operation. The absence of a nighttime traffic study, Commissioner Nemo noted, left a gap in the analytical record.

Timing and seasonal absence:
Patrick Murphy and other speakers objected to the June scheduling, noting that the summer season coincides with snowbird departures from Pebble Creek, reducing resident participation. Murphy explicitly requested that future applications affecting the community be scheduled when residents are present, suggesting potential procedural challenges to the approval.

State statute preemption (Luke Air Force Base 65 DNL contour):
Brian Greous cited Arizona state statute regulating development within the 65 LDN noise contour around Luke Air Force Base. The site lies on the "noisy side" of that contour, which, under state law, permits commercial development. This was invoked to argue that the General Plan's Business and Commerce designation was itself a state-law byproduct and that zoning and general-plan consistency therefore obligated approval. However, this argument also implicitly underscored the site's location in a noise-affected area—a fact residents cited as a reason to restrict rather than expand 24/7 operations.

Prior approval of Filibertos:
A Filibertos drive-through restaurant with identical 24/7 hours was approved for the site in April 2021 and remains part of the master site plan. However, Jackie Brand's testimony that Filibertos has not obtained building permits, extensions, or commenced construction suggests the permit may have lapsed or been administratively suspended. The unclear status of Filibertos complicated the staff's claim that 24/7 operations are already "precedent" in the immediate vicinity.

Business-model justification:
Daniel Chambers' explanation for 24/7 operation—brand consistency and providing "a safe place" for employees and customers on non-traditional schedules—was not economic (no profit-margin data was offered) and appeared to prioritize corporate policy over community burden. Don Balanx's unanswered question ("What's the profit range from midnight to 5 a.m.?") highlighted this tension and made the permitting authority appear to be subsidizing corporate uniformity at resident expense.

Duration

• Quick Trip use permit item: Approximately 90 minutes (staff presentation, applicant presentation and rebuttal, public comment, and Commission discussion and vote)

• Total meeting: Approximately 2 hours 45 minutes to 3 hours (including minutes approval, non-agenda citizen comment period, zoning ordinance text amendment for storage facilities, and staff communications)

Other Notable Items

Zoning Ordinance Text Amendment for Self-Service Storage Facilities was recommended for approval unanimously. The amendment removes the special-use-permit requirement in most commercial and industrial zones, establishing instead design and operational standards (500-foot arterial frontage limit, 30-foot setback from residential, 5 a.m.–10 p.m. hours if within 500 feet of residential, prohibition of outdoor RV storage in commercial zones, 2,600-foot minimum spacing between facilities). The measure was non-controversial and passed with minimal discussion. It will advance to City Council on July 8th.

West Valley Christian School Special Use Permit (heard at a prior meeting, not on this agenda): City Council approved the applicant's request on Monday (June 24), adding four stipulations regarding an easement, automatic gates, a perimeter wall, and private-driveway signage. This note was included in staff communications as an update.