William Whittington, Avalon Development

A request for a use permit for a convenience use (Roll-Em-Up Taquitos Restaurant with a drive-through) proposed at the northwest corner of Pebblecreek Parkway and McDowell Road on a 1.3-acre parcel within the Cobblestone Creek commercial center located (the “Property”). The Property is located within the Palm Valley Phase VIII Planned Area Development (PAD).

Recommend approval for a use permit for a convenience use (Roll-Em-Up Taquitos Restaurant with a drive-through) on a 1.3-acre parcel in the Cobblestone Creek commercial center located at the northwest corner of Pebblecreek Parkway and McDowell Road within the Palm Valley Phase VIII PAD, subject to stipulations. (Guadalupe Ortiz Cortez, Planner)

The approval of the Use Permit is subject to the following conditions and stipulations:

1. All future development on the Property shall be in compliance with the approved Site Plan for Roll Em Up Taquitos 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 Roll Em Up Taquitos attached hereto. An amendment to the use permit shall be required if any deviation from the attached site plan is requested;

3. 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;

4. Three-foot high masonry screen walls, designed to match the existing screen walls within the Cobblestone Creek commercial center, shall be installed along the drive-through lane, at the locations shown on the Site Plan for Roll Em Up Taquitos attached hereto;

5. All existing plant material and trees, as shown on the Landscape & Irrigation Plan for Cobblestone Creek PAD B, shall be protected in place. Any plant material or trees existing or that is installed within the Property pursuant to an approved landscape plan that do not survive shall be replaced with like species and size.  The failure to replace plant material or trees as required herein shall be grounds for the termination of this Use Permit; and

6. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto and shall comply with the Cobblestone Creek Design Guidelines that were approved for the center on April 2, 2007;

7. No fixed, permanent exterior ladder for roof access shall be permitted;

8. Speakers for drive-through facilities located on the Property shall not be audible from any residentially zoned property. Sound shall be mitigated using volume control, sound attenuation walls, landscaping, or other measures acceptable to the Zoning Administrator or designee;

9. The development of the Property shall conform to the standards designated for Lighting Zone 2 as established in Article 10, Outdoor Lighting Standards, of the City of Goodyear Zoning Ordinance;

10. 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 Cobblestone Creek Center as it may be amended and shall comply with the following: 
 

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.

The Property is located within Phase VIII of the Palm Valley PAD. The PAD zoning for Palm Valley Phase VIII was approved on May 9, 2005. Pursuant to the PAD, mixed-use commercial uses are permitted on the Property.

The Property is part of a commercial center known as Cobblestone Creek. Design guidelines and a comprehensive sign package (Case No. 06-950-00001) for the center were approved on April 2, 2007. A master site plan (Case No. 07-600-00019) for the center was approved on October 29, 2007.  The Property is currently undeveloped. However, the off-site and most on-site improvements have been completed for this commercial center.

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 for council, the site plan, including the supporting documents are approved pending council’s approval of the Use Permit or Special Use Permit as the case may be. 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 for Roll Em Up Taquitos, a copy of which is attached hereto, the landscape & Irrigation Plan for Cobblestone Creek PAD B, a copy of which is attached hereto, and the Rendered Exterior Elevations for Roll Em Up Taquitos, a copy of which is attached hereto. 

The Planning and Zoning Commission considered this item at their regular meeting held on October 12, 2022. Commissioners voted unanimously (5-0) to forward a recommendation of approval to the City Council.

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 (Roll-Em-Up Taquitos Restaurant with a drive-through) on a 1.3-acre parcel within the Palm Valley Phase VIII PAD. 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, a restaurant with a drive-through must obtain approval of a use permit prior to development.

The proposed convenience use will be a Roll-Em-Up Taquitos Restaurant with a drive-through. The restaurant will consist of a single-story, 2,325 square-foot building with a 430 square-foot outdoor covered patio. Indoor dining and drive-through services will be provided for customers.

The Property site will be developed with a single drive-through. Customers will enter the drive-through lane and place their order at the menu board and speaker. Eight cars can queue before reaching the menu board and speaker, and five cars can queue between the menu board and speaker to the pick-up window.  Food and beverage products will be picked-up and paid for at that same window.  The queuing that will be provided exceeds the city’s minimum requirements.

Parking will be provided onsite in conformance with city standards. But, if additional overflow parking should be needed, cross access and shared parking agreements exist for the center.

As shown on the building elevations submitted with the use permit, the building design will utilize the materials and colors approved for the Cobblestone Creek center. Final building design will be approved at time of site plan review and approval.

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;

The proposed use should not generate excessive odors, noise or light to the detriment of the surrounding area.  The distance between the restaurant and the nearest residential unit, some of which is landscaped, serves to minimize the impact of odors from the operation of the restaurant on nearby residential developments. Stipulations have been included prohibiting speakers from being audible to nearby residential developments, which address potential noise issues that might otherwise arise.  Similarly, stipulations have been included to prevent light pollution from signage that might otherwise impact the nearby residential developments.  Traffic impacts have been reviewed and determined to be in conformance with the roadway capacity and improvements for this area. The drive-through lane and queue have been internalized to the Property and should not detrimentally affect surrounding properties or public streets. Vehicular queuing space has been provided that exceed the city’s minimum requirements.

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 a Walgreens Pharmacy along with several other drive-through restaurants and vehicle repair/service facilities. Furthermore, the proposed use is located within a commercial corridor and within close proximity to a freeway interchange. As such, the proposed use will be compatible with the existing uses in the surrounding commercial area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest residential development (±245 feet) is located to the west, within Palm Valley Phase VIII. The Property is separated from the residential development to the west by an approximate 100-foot+ Roosevelt Irrigation Canal and a linear park owned and maintained by the City of Goodyear.  In addition, pursuant to the master site plan approved for the development of Cobblestone Creek Pad 2, there is a landscape buffer with a minimum width of ten-feet along the western boundary of the Property. Given the existing and proposed landscape buffer separation between the Property and the residential neighborhood, there should be no adverse effects from the operation of the proposed 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 1.3-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 exceeds the city’s minimum requirements and, pursuant to the traffic study, can be accommodated onsite without adversely impacting any public streets or adjacent land uses.

2. Compatibility of the proposed hours of operation with adjacent residential areas.

Although the proposed hours of operation are intended to be from 11 AM to 10 PM, Sunday through Thursday and 11 AM to 12 AM Friday and Saturday, given the proposed use’s location within a developed commercial center, and the landscape and canal buffer between the subject property and the residential neighborhood to the west, 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 and approved by the Engineering Department. The study concluded that the use was not expected to create queues that would obstruct internal drive aisles during peak hours.

Off-site street and access improvements adjacent to the commercial center have been completed. A majority of the center’s internal improvements for circulation have also been completed.

Ingress/egress to the Property is provided from Pebblecreek Parkway and McDowell Road. There is one entry into the Property from McDowell Road that is a signalized intersection that provides full turning movement.  There is another right-in/right out entry into the commercial center off of McDowell Road.  There are three entries into the commercial center off of PebbleCreek Parkway.  One of the entries is a signalized intersection that provides full turning movement.  The other two provide right-in/right-out entry into the commercial center from PebbleCreek Parkway.

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
#185	3.44	1.72	3.44	1.72		#181	5.55	2.77	5.55	2.77

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. A Citizen Review meeting was held on September 15, 2022. No residents attended the meeting.

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. To date, staff has not received any inquiries on the project.

The Planning and Zoning Commission considered this item at their regular meeting on October 12, 2022. Upon conclusion of the staff presentation, Commissioners unanimously voted (5-0) to forward a recommendation of approval to the City Council. There was no public opposition to the item voiced at the hearing.

Staff Findings:
Staff finds that the proposed Use Permit for a drive-through restaurant, subject to the conditions and stipulations set forth above, meets the Zoning Ordinance requirements for convenience uses, will not be materially detrimental to adjacent properties and will be compatible with the surrounding area. Staff is recommending approval of the Use Permit subject to the conditions and stipulations set forth above.