| AGENDA ITEM #:22-300-00007 DATE: November 30, 2022 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (ONO HAWAIIAN RESTAURANT WITH A DRIVE-THROUGH) |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Planner |
OTHER PRESENTER(S):
Tim Rasnake, Archicon Architecture & Interiors, LC
SUMMARY:
A request for a use permit for a convenience use (Ono Hawaiian BBQ restaurant with a drive-through) proposed on an approximately 1-acre parcel within the Canyon Trails Towne Center located at the northeast corner of Yuma Road and Cotton Lane. The center is zoned PAD (Planned Area Development) and is designated for commercial uses.
RECOMMENDATION:
- Conduct a public hearing to consider a request for a use permit for a convenience use (Ono Hawaiian BBQ restaurant with a drive-through) on an approximately 1-acre parcel within the Canyon Trails Towne Center located at the northeast corner of Yuma Road and Cotton Lane.
- Recommend approval of the request for a use permit for a convenience use (Ono Hawaiian BBQ restaurant with a drive-through) on Lot 20 of the final plat of the Canyon Trails Towne Center recorded on July 30, 2007 in the official records of Maricopa County at Book 938 of Maps Page 22 (Instrument 2007-0858797) (the “Property”) subject to stipulations. (Guadalupe Ortiz Cortez, Planner)
STIPULATIONS:
1. All future development on Lot 20 of the final plat of the Canyon Trails Towne Center recorded on July 30, 2007 in the official records of Maricopa County at Book 938 of Maps Page 22 (Instrument 2007-0858797) (the “Property”) shall be in compliance with the approved Site Plan for Ono Hawaiian BBQ attached hereto and with all other approved site plan submittal documents, including, but not limited to, architecture, landscaping, grading and drainage, infrastructure, parking, access and circulation;
2. The development of the Property shall be in conformance with the Site Plan for Ono Hawaiian BBQ attached hereto. An amendment to the use permit shall be required if any deviation from the attached site plan is requested;
3. Except as provided herein, the configuration and location of the proposed drive-through lanes and pick-up window and resultant traffic patterns shall be developed in substantial conformance with the preliminary site plan attached hereto. If the owner wants to reconfigure the site and the proposed site plan is not in substantial conformance with the preliminary site plan, the future proposed site plan shall comply with the requirements of Section 4-2-18 of the Goodyear Zoning Ordinance.
4. In no instance shall queued 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 use permit 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. Three-foot high masonry screen walls, designed to match the existing screen walls within the Canyon Trails Towne Center commercial center, shall be installed along the drive-through lane, at the locations shown on the Ono Hawaiian BBQ site plan attached hereto;
6. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto and shall comply with the Canyon Trails Towne Center Design Guidelines that were approved for the center on June 25, 2007; and,
7. No signage is approved as part of this use permit. All signage proposed on the Property shall require separate submittal and review of sign permits, and shall comply with the Comprehensive Sign Package approved for the Canyon Trails Towne Center, as it may be amended.
2. The development of the Property shall be in conformance with the Site Plan for Ono Hawaiian BBQ attached hereto. An amendment to the use permit shall be required if any deviation from the attached site plan is requested;
3. Except as provided herein, the configuration and location of the proposed drive-through lanes and pick-up window and resultant traffic patterns shall be developed in substantial conformance with the preliminary site plan attached hereto. If the owner wants to reconfigure the site and the proposed site plan is not in substantial conformance with the preliminary site plan, the future proposed site plan shall comply with the requirements of Section 4-2-18 of the Goodyear Zoning Ordinance.
4. In no instance shall queued 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 use permit 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. Three-foot high masonry screen walls, designed to match the existing screen walls within the Canyon Trails Towne Center commercial center, shall be installed along the drive-through lane, at the locations shown on the Ono Hawaiian BBQ site plan attached hereto;
6. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto and shall comply with the Canyon Trails Towne Center Design Guidelines that were approved for the center on June 25, 2007; and,
7. No signage is approved as part of this use permit. All signage proposed on the Property shall require separate submittal and review of sign permits, and shall comply with the Comprehensive Sign Package approved for the Canyon Trails Towne Center, as it may be amended.
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.
BACKGROUND AND PREVIOUS ACTIONS:
The Property is a part of the Canyon Trails Towne Center PAD. The center consists of 91 acres designated for commercial use located at the northeast corner of Cotton Lane and Yuma Road. The Canyon Trails Towne Center PAD was approved by the City Council on May 16, 2005, with the adoption of Ordinance No. 05-942.
The Property is Lot 20 of the final plat of the Canyon Trails Towne Center (2007-0858797). The final plat was approved by the City Council on July 9, 2007.
To expedite development requiring a Use Permit or Special Use Permit, staff implemented a process pursuant to which the use permit and site plan submittals are reviewed and completed concurrently. Prior to bringing a Use Permit or Special Use Permit before Council, the site plan, including the supporting documents are approved pending Council’s approval of the Use Permit or Special Use Permit as applicable. In this case, staff has approved, subject to Council’s approval of the requested Use Permit, the site plan submittal for the development of the Property, including, but not limited to the Site Plan and the Rendered Exterior Elevations for Ono Hawaiian BBQ, copies of which are attached hereto.
The Use Permit and Site Plan request for the Property was submitted in March 2022. The first review was completed and found in general conformance with the city’s drive-through standards applicable at the time of submittal and prior to the approval of the city’s new drive-through standards, as established in Article 4-2-18 of the City of Goodyear Zoning Ordinance.
The Property is Lot 20 of the final plat of the Canyon Trails Towne Center (2007-0858797). The final plat was approved by the City Council on July 9, 2007.
To expedite development requiring a Use Permit or Special Use Permit, staff implemented a process pursuant to which the use permit and site plan submittals are reviewed and completed concurrently. Prior to bringing a Use Permit or Special Use Permit before Council, the site plan, including the supporting documents are approved pending Council’s approval of the Use Permit or Special Use Permit as applicable. In this case, staff has approved, subject to Council’s approval of the requested Use Permit, the site plan submittal for the development of the Property, including, but not limited to the Site Plan and the Rendered Exterior Elevations for Ono Hawaiian BBQ, copies of which are attached hereto.
The Use Permit and Site Plan request for the Property was submitted in March 2022. The first review was completed and found in general conformance with the city’s drive-through standards applicable at the time of submittal and prior to the approval of the city’s new drive-through standards, as established in Article 4-2-18 of the City of Goodyear Zoning Ordinance.
STAFF ANALYSIS
Current Policy:
A use permit requires review by the Planning and Zoning Commission and approval by the City Council following required public hearings. The process for the review of a use permit is set forth in section 1-3-2 of the Goodyear Zoning Ordinance and in the City of Goodyear Administrative Process Manual.
Details of the Request:
The applicant is requesting a use permit for a convenience use (Ono Hawaiian BBQ restaurant with a drive-through) proposed on an approximately 1-acre parcel within the Canyon Trails Towne Center. As previously noted, the Property is designated for commercial use and will be developed in accordance with the PAD’s design guidelines and city’s C-2 (General Commercial) zoning district. As required in the C-2 zoning district standards at the time of this application’s submittal, a restaurant with a drive-through had to obtain approval of a use permit prior to development.
The proposed convenience use will be an Ono Hawaiian BBQ restaurant with a drive-though. As shown on the site plan submitted with the use permit, the restaurant will consist of a single-story 2,833 square-foot building and 953 square-foot exterior covered patio. Indoor dining and drive-through service options will be provided for customers.
On-site parking is being provided. The on-site parking, as reflected in the Site Plan, conforms with applicable city standards. Cross access and shared parking agreements exist for the center that will provide additional overflow parking if needed.
As shown on the building elevations submitted with the use permit, the design for the building will utilize the materials and colors approved for the Canyon Trails Towne Center.
Section 1-3-2 (Use Permits) of the Zoning Ordinance requires that the Planning and Zoning Commission and City Council determine that the proposed use meets the following findings prior to granting a Use Permit:
1. The Use Permit will not be materially detrimental to persons residing or working in the vicinity adjacent to the property, to the neighborhood, or to the public welfare;
As described in the materials provided with the use permit, the proposed use should not generate excessive odors, noise or light to the detriment of the surrounding area. Traffic impacts have been reviewed and determined to be in conformance with the roadway capacity and improvements for this area. The drive-through lanes and queue have been internalized to the Property and should not detrimentally affect surrounding properties or public streets. Vehicular queuing space has been provided in conformance with city standards.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed use is located within a commercial center intended for similar commercial uses, including those uses with drive-through facilities (as allowed with a use permit). Surrounding development includes various retail and service uses along with several other drive-through restaurants. Furthermore, the proposed use is located within a large commercial center and within close proximity to a future freeway corridor. As such, the proposed use will be compatible with the existing and planned uses in the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest existing residential development (±1,100 feet) is located to the east (Canyon Trails) while vacant property with residential zoning is located approximately 900 feet to the south (DeRosier Ranch). Given these large separations, there should be no adverse effects from the operation of the proposed convenience use on these residential properties.
Section 4-2-2 (Convenience Uses) of the Zoning Ordinance provides the following additional evaluation criteria for convenience uses regarding their potential impact on traffic congestion, the neighborhood in general, and their appropriateness for the site:
1. Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
The approximately 1-acre parcel is of sufficient size and configuration to accommodate the proposed restaurant with drive-through. The proposed access and internal traffic circulation pattern have been designed to be consistent with the overall master site plan. Queuing space for the drive-through is in conformance with city standards and, pursuant to the traffic study, can be accommodated onsite without adversely impacting any public streets or adjacent land uses. Nevertheless, a stipulation addressing queuing and traffic management is proposed with this use permit.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
Hours of operation are intended to be from 11:00 AM to 9:30 PM Sunday to Thursday and 11:00 AM to 10:00 PM Friday and Saturday. Given the proposed use’s location within a developed commercial center, and with no adjacent residential uses, staff does not recommend any restrictions on hours of operation.
3. Required traffic mitigation measures, if any.
A traffic study was submitted with the application for use permit. The study concluded that the use was not expected to create queues that would obstruct major internal drive aisles or public roadways. The traffic study for the site has been approved by the Engineering Department.
Off-site street and access improvements adjacent to the commercial center have been completed to an interim condition until the freeway is ultimately constructed. The center’s internal improvements related to circulation and parking have also been completed.
Ingress/egress is provided from Canyon Trails Boulevard, Cotton Lane, and Yuma Road. Both full turning movements at signalized intersections and right-in/right-out turning movements are provided to the commercial center.
4. Other concerns, which may place the advisability of the proposed convenience use in question.
Staff found no other concerns with the development of a convenience use on the Property.
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. To date, staff has not received any inquiries on the project.
Notice for the public hearings before the Planning and Zoning Commission and City Council included the following: a notice mailed to surrounding property owners; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition.
STAFF FINDINGS:
As outlined herein, staff finds the proposed request for Use Permit to not be materially detrimental to persons residing or working in the vicinity adjacent to the Property, to the neighborhood, or to the public welfare and that the proposed use is reasonably compatible with uses permitted in the surrounding area. Staff further finds the request for Use Permit will meet the additional evaluation criteria for convenience uses as established in Section 4-2-2 of the Zoning Ordinance.
A use permit requires review by the Planning and Zoning Commission and approval by the City Council following required public hearings. The process for the review of a use permit is set forth in section 1-3-2 of the Goodyear Zoning Ordinance and in the City of Goodyear Administrative Process Manual.
Details of the Request:
The applicant is requesting a use permit for a convenience use (Ono Hawaiian BBQ restaurant with a drive-through) proposed on an approximately 1-acre parcel within the Canyon Trails Towne Center. As previously noted, the Property is designated for commercial use and will be developed in accordance with the PAD’s design guidelines and city’s C-2 (General Commercial) zoning district. As required in the C-2 zoning district standards at the time of this application’s submittal, a restaurant with a drive-through had to obtain approval of a use permit prior to development.
The proposed convenience use will be an Ono Hawaiian BBQ restaurant with a drive-though. As shown on the site plan submitted with the use permit, the restaurant will consist of a single-story 2,833 square-foot building and 953 square-foot exterior covered patio. Indoor dining and drive-through service options will be provided for customers.
On-site parking is being provided. The on-site parking, as reflected in the Site Plan, conforms with applicable city standards. Cross access and shared parking agreements exist for the center that will provide additional overflow parking if needed.
As shown on the building elevations submitted with the use permit, the design for the building will utilize the materials and colors approved for the Canyon Trails Towne Center.
Section 1-3-2 (Use Permits) of the Zoning Ordinance requires that the Planning and Zoning Commission and City Council determine that the proposed use meets the following findings prior to granting a Use Permit:
1. The Use Permit will not be materially detrimental to persons residing or working in the vicinity adjacent to the property, to the neighborhood, or to the public welfare;
As described in the materials provided with the use permit, the proposed use should not generate excessive odors, noise or light to the detriment of the surrounding area. Traffic impacts have been reviewed and determined to be in conformance with the roadway capacity and improvements for this area. The drive-through lanes and queue have been internalized to the Property and should not detrimentally affect surrounding properties or public streets. Vehicular queuing space has been provided in conformance with city standards.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed use is located within a commercial center intended for similar commercial uses, including those uses with drive-through facilities (as allowed with a use permit). Surrounding development includes various retail and service uses along with several other drive-through restaurants. Furthermore, the proposed use is located within a large commercial center and within close proximity to a future freeway corridor. As such, the proposed use will be compatible with the existing and planned uses in the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest existing residential development (±1,100 feet) is located to the east (Canyon Trails) while vacant property with residential zoning is located approximately 900 feet to the south (DeRosier Ranch). Given these large separations, there should be no adverse effects from the operation of the proposed convenience use on these residential properties.
Section 4-2-2 (Convenience Uses) of the Zoning Ordinance provides the following additional evaluation criteria for convenience uses regarding their potential impact on traffic congestion, the neighborhood in general, and their appropriateness for the site:
1. Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
The approximately 1-acre parcel is of sufficient size and configuration to accommodate the proposed restaurant with drive-through. The proposed access and internal traffic circulation pattern have been designed to be consistent with the overall master site plan. Queuing space for the drive-through is in conformance with city standards and, pursuant to the traffic study, can be accommodated onsite without adversely impacting any public streets or adjacent land uses. Nevertheless, a stipulation addressing queuing and traffic management is proposed with this use permit.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
Hours of operation are intended to be from 11:00 AM to 9:30 PM Sunday to Thursday and 11:00 AM to 10:00 PM Friday and Saturday. Given the proposed use’s location within a developed commercial center, and with no adjacent residential uses, staff does not recommend any restrictions on hours of operation.
3. Required traffic mitigation measures, if any.
A traffic study was submitted with the application for use permit. The study concluded that the use was not expected to create queues that would obstruct major internal drive aisles or public roadways. The traffic study for the site has been approved by the Engineering Department.
Off-site street and access improvements adjacent to the commercial center have been completed to an interim condition until the freeway is ultimately constructed. The center’s internal improvements related to circulation and parking have also been completed.
Ingress/egress is provided from Canyon Trails Boulevard, Cotton Lane, and Yuma Road. Both full turning movements at signalized intersections and right-in/right-out turning movements are provided to the commercial center.
4. Other concerns, which may place the advisability of the proposed convenience use in question.
Staff found no other concerns with the development of a convenience use on the Property.
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 | |||
| #184 | 2.63 | 1.31 | 2.63 | 1.31 | #181 | 8.75 | 4.38 | 8.75 | 4.38 | |
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. To date, staff has not received any inquiries on the project.
Notice for the public hearings before the Planning and Zoning Commission and City Council included the following: a notice mailed to surrounding property owners; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition.
STAFF FINDINGS:
As outlined herein, staff finds the proposed request for Use Permit to not be materially detrimental to persons residing or working in the vicinity adjacent to the Property, to the neighborhood, or to the public welfare and that the proposed use is reasonably compatible with uses permitted in the surrounding area. Staff further finds the request for Use Permit will meet the additional evaluation criteria for convenience uses as established in Section 4-2-2 of the Zoning Ordinance.