Manjula M. Vaz, Gammage and Burnham

This is a Public Hearing for and consideration of a Use Permit request for a convenience use (McDonald’s drive-through restaurant) proposed at the northeast corner of Indian School Road and Sarival Avenue. The property is located within the Palm Valley Phase V Planned Area Development (PAD).

Approve the request for a Use Permit for a convenience use (McDonald’s drive-through) on a 1.5-acre parcel proposed at the northeast corner of Indian School Road and Sarival Avenue (the “Property”) within the Palm Valley Phase V PAD, subject to stipulations. (Alex Lestinsky, Senior Planner)

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

1. All future development on the Property is subject to site plan review and approval by city staff, at which time all elements of site development will be reviewed, including, but not limited to, architecture, landscaping, grading and drainage, lighting, infrastructure, parking, access and circulation; and
2. The drive-through restaurant shall be designed and operated in accordance with the requirements of Section 4-2-18 of the Goodyear Zoning Ordinance; and
3. Mitigation measures shall be implemented to mitigate escape of odors generated by the operations of the restaurant to nearby residential developments.  Prior to approval of building permits for the Property, the applicant/franchisee shall provide an odor mitigation plan to the City of Goodyear that specifies the range of odor mitigation practices to be used onsite to control odor-emitting activities, sources, and locations. The plan shall be submitted with the building plans and require approval from the Development Services Director, or designee.  Such mitigation measures are subject to the approval of the Development Services Director or his designee and shall include, at a minimum:
   1.  An exhaust scrubbing device, such as the AirMaid Corona Glass Cell or similar, scrubbing device shall be installed to mitigate odor impact to nearby residential developments. Such installation shall be reviewed and approved as part the building permit review; and
   2. All mitigation measures in the approved odor mitigation plan shall be installed and completed prior to the issuance of a certificate of occupancy for the restaurant; and
   3. The failure to maintain all approved mitigation measures in good working order shall be a violation of the terms of the Use Permit and unless timely corrected is grounds for the termination of the Use Permit; and
4. 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; and
5. All site lighting (building, parking, or security) shall be directed down with sharp cut-off directional lighting fixtures.  All lighting on the site shall be dimmed to 50% between 10 p.m. and 6 a.m. No wall mounted lights, on the east side of the building, may be placed higher than above 8 feet above the building foundation. All under-canopy lights shall be screened by the canopy edge, such that the light source is not visible from the east property line; and
6. 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; and
7. 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. An amendment to the Use Permit shall be required if the Zoning Administrator determines that the site plan submitted for approval is not in substantial conformance with the preliminary site plan attached hereto; and
8. Owner shall complete the construction of all improvements needed for the completion of full half-street improvements for the east half of the section of N. Sarival Avenue along the western boundary of the Property required for a Minor Collector as set forth in the Engineering Design Standards in effect at the time of construction except as modified by the City Engineer or his designee, which improvements may include, by way of example, but not limitation, street frontage landscape, landscape irrigation, street lighting, and any required deceleration lanes; and
9. Owner shall provide secondary emergency services access to the Property as required by applicable Development Regulations; and  
10. Owner may apply to the Goodyear City Council for an access easement for a proposed driveway crossing City-owned parcel 501-62-868 to provide access to the site to W. Indian School Road.  The form of any easement shall be in a form provided by the City Attorney or his designee.  If the easement is approved by the City Council, it shall be recorded or executed prior to issuance of the first construction permit.  If denied by the City Council, Owner shall make any necessary alteration to the site to accommodate a secondary access point to public rights-of-way that complies with the requirements of applicable Development Regulations for secondary emergency services access.
    1. If Owner is granted the access easement referred to above, Owner shall, at Owner’s sole cost and expense, be responsible for constructing or causing the construction of all improvements required to provide access to the Property from Indian School, including a culvert crossing the existing drainage channel.
    2. If Owner is granted the access easement referred to above and the construction of improvements over the easement area requires the removal of any existing plants within the City-owned parcel, Owner shall install replacement plants of like kind and quality as the plants removed as determined by the Development Services Director or his designee. And
11. 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; and
12. 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 City of Goodyear Zoning Ordinance and the following:
    1. Internally illuminated signage shall not be placed on the east side of any building on the Property. External illumination is permitted as long as the light source is fully shielded and not visible.
13. Hours of operation shall be restricted to 5am to 10pm.

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 V of the Palm Valley PAD. The PAD zoning for Palm Valley Phase V was approved on August 11, 2003. Pursuant to the PAD, neighborhood commercial uses are permitted on the Property, subject to the city’s C-1 (Neighborhood Commercial) zoning regulations. In accordance with the C-1 zoning district, a restaurant with drive-through having any portion of the drive-through lane within 500 feet of residentially zoned property requires approval of a Use Permit.

The City Council approved a Zoning Ordinance Text Amendment for drive-through restaurants at their regular meeting on June 27, 2022 (AI# 936). The text amendment became effective on June 27, 2022.

The Planning and Zoning Commission held a public hearing on October 12, 2022. At the hearing, approximately 6 residents spoke against the items/for the item. The Planning & Zoning Commission recommended approval of the Use Permit with a vote 3-2 with the addition of a stipulation restricting the hours of operation to 5am to 10pm.

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 (McDonald’s drive-through restaurant) on a vacant parcel within the Palm Valley Phase V PAD. As previously noted, the Property is designated for neighborhood commercial use and will be developed in accordance with the PAD’s design guidelines and city’s C-1 (Neighborhood Commercial) zoning district. As required in the C-1 zoning district, a restaurant with a drive-through must obtain approval of a Use Permit prior to development. The first stopping point of the drive-through is approximately 390 feet from the residential property line.

The proposed convenience use will be a McDonald’s drive-through restaurant. As shown on the preliminary site plan submitted with the Use Permit, the restaurant will consist of a single-story (26-foot tall), 4,534 square-foot building.

The site will include a double lane drive-through, with three windows for payment and pick up. Parking for the proposed convenience use will be provided onsite in conformance with city standards. The master site plan, which includes McDonald’s and Dollar Self Storage has been submitted concurrently with the respective Use and Special Use Permits.

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;

2. The proposed use is reasonably compatible with uses permitted in the surrounding area;

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.

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

3. Required traffic mitigation measures, if any.

4. Other concerns, which may place the advisability of the proposed convenience use in question.

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	3.59	1.29	3.59	1.29		#183	7.87	3.43	7.87	3.43

Public Participation:
In accordance with the city’s Citizen Review Ordinance, a neighborhood meeting was held of July 13, 2022. Notice was sent to all property owners within 500 feet of the Property. Over 50 residents attended the neighborhood meeting expressing concerns related to restaurant odors, increased traffic, noise, lighting, crime and safety. At the meeting some residents supported the McDonald’s. Additionally, staff, the applicant, and City Council have collectively received five emails in support of the request and eight emails objecting to the request.

At the Planning and Zoning Commission meeting held on September 14, 2022, during the public comments portion of the agenda a resident expressed concerns about the proposed McDonald’s and Storage facility on the property.

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.

At the Planning and Zoning Commission meeting held on October 12, 2022, six residents spoke in opposition to the request citing concerns related to odor, traffic, noise lighting, crime and safety.

The applicant requested that the public hearing scheduled for October 24, 2022, be rescheduled, so the applicant could be in attendance. Accordingly, the public hearing scheduled for October 24 was rescheduled for November 14, 2022. Notice for the November 14 public hearing before the 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:
Staff finds that the proposed Use Permit for McDonald’s drive-through, 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. The Planning and Zoning Commission recommended approval of the request (3-2) on October 12, 2022 with the addition of Stipulation #13 restricting hours of operation to 5am to 10pm.