| ITEM #: 5. DATE: 11/14/2022 AI #:1142 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (SALAD AND GO RESTAURANT WITH A DRIVE-THROUGH) |
| STAFF PRESENTER(S): | Christian Williams, Principal Planner |
OTHER PRESENTER(S):
Neil Feaser, RKAA Architects, Inc.
SUMMARY
A request for use permit for a convenience use (Salad and Go restaurant with a drive through) proposed at the southwest corner of Yuma Road and Cotton Lane, proposed Loop 303, on a 1.6-acre parcel within the Cottonflower Marketplace. The commercial center is located within the Cottonflower Planned Area Development (PAD).
Recommendation
Recommend approval of the use permit request for a convenience use (Salad and Go restaurant with a drive-through) proposed at the southwest corner of Yuma Road and Cotton Lane, proposed Loop 303, on a 1.6-acre parcel within the Cottonflower PAD, subject to stipulations. (Christian Williams, Principal Planner)
STIPULATIONS
1. All future development on the subject property (Property) shall be in compliance with the approved Site Plan for Cotton Flower Marketplace – Lot 5 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 Cotton Flower Marketplace – Lot 5 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. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto and shall comply with the Cottonflower Marketplace Design Guidelines that were approved for the center on June 16, 2008;
5. No fixed, permanent exterior ladder for roof access shall be permitted;
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;
7. 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;
8. 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 Cottonflower Marketplace as it may be amended; and
9. Any future subdivision that includes the Property shall conform to the development standards as established in the C-2 (General Commercial) zoning district, including but not limited to, building setbacks, minimum parking requirements, lot coverage and landscaping.
2. The development of the Property shall be in conformance with the Site Plan for Cotton Flower Marketplace – Lot 5 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. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto and shall comply with the Cottonflower Marketplace Design Guidelines that were approved for the center on June 16, 2008;
5. No fixed, permanent exterior ladder for roof access shall be permitted;
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;
7. 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;
8. 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 Cottonflower Marketplace as it may be amended; and
9. Any future subdivision that includes the Property shall conform to the development standards as established in the C-2 (General Commercial) zoning district, including but not limited to, building setbacks, minimum parking requirements, lot coverage and landscaping.
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. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.
BACKGROUND AND PREVIOUS ACTIONS
The Property is located within the Cottonflower PAD. The PAD zoning was approved on October 12, 1999. Pursuant to the PAD, commercial uses are permitted on the Property.
The Property is part of a commercial center known as Cottonflower Marketplace. Design guidelines (Case No. 07-600-00062) were approved on June 16, 2008 and a comprehensive sign package (Case No. 08-630-00003) for the center was approved on December 15, 2008. A master site plan (Case No. 07-600-00062) for the center was approved on June 16, 2008. 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 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 Cotton Flower Marketplace – Lot 5, a copy of which is 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 Planning and Zoning Commission considered this item at their regular meeting held on November 2, 2022. Commissioners voted unanimously (5-0) to forward a recommendation of approval to the City Council.
The Property is part of a commercial center known as Cottonflower Marketplace. Design guidelines (Case No. 07-600-00062) were approved on June 16, 2008 and a comprehensive sign package (Case No. 08-630-00003) for the center was approved on December 15, 2008. A master site plan (Case No. 07-600-00062) for the center was approved on June 16, 2008. 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 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 Cotton Flower Marketplace – Lot 5, a copy of which is 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 Planning and Zoning Commission considered this item at their regular meeting held on November 2, 2022. Commissioners voted unanimously (5-0) to forward a recommendation of approval to the City Council.
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 Property Owner is the requesting a use permit for two convenience uses (Salad and Go restaurant with a drive-through and Black Rock Coffee bar with a drive-through) on a 1.6-acre parcel within the Cottonflower PAD. As previously noted, the Property is designated for commercial uses 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 uses will be a Salad and Go Restaurant with a drive-through and a Black Rock Coffee bar with a drive-through.
Salad and Go:
The Salad and Go restaurant will consist of a single-story, 827 square-foot building. Salad and Go will only provide drive-through and pick-up services for customers (there is no indoor or outdoor dining). The first option is through food sales/pick-up from a pedestrian window located on the north side of the building. The second option is through the conventional drive-through lanes. Customers will place their order at the menu board and speaker, and pay and pick-up their food at the pick-up window. The conventional drive-through lanes meet the city’s former queueing standards of 150 feet. Lastly, the third option is from a vehicular pick-up window on the west side of the building. This vehicular pick-up window is for online/remote purchases only. The vehicular pick-up lane provides queueing for three cars to queue along the pick-up lane. Customer pick-up times are assigned at time of order.
Black Rock Coffee:
The Black Rock Coffee Bar will consist of a single-story, 1,976 square-foot building. Indoor and drive-through services will be provided for customers. Black Rock Coffee will be developed with the conventional double drive-through lane configuration. Customers will enter the drive-through lanes and place their order at the menu board and speaker, and food and beverage products will be picked-up and paid for at the same window. The proposed queuing meets the city’s former queuing standards of 150 feet.
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 both buildings will utilize the materials and colors approved for the Cottonflower Marketplace.
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 uses should not generate excessive odors, noise or light to the detriment of the surrounding area as described herein and with the resultant approval and stipulations. The distance between the Property and the nearest residential unit is approximately 400 feet. This separation serves to minimize the potential impact of odors, noise and light from the operation of the restaurant and coffee shop on the nearby residential development. The Property is located in the city’s Lighting Zone 2, which requires all lights to be shielded. Stipulations have been included prohibiting speakers from being audible to nearby residential development, which address potential noise issues that might otherwise arise. 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 for both uses has been provided in conformance with the applicable requirements.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The Property and accompanying convenience uses are 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 an Esporta Fitness along with several other existing and proposed drive-through restaurants and vehicle repair/service facilities. Furthermore, the proposed use is located within a commercial corridor and within close proximity to a proposed freeway interchange for the Loop 303 extension. As such, the proposed uses 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 (±400 feet) is located to the west, within Cotton Flower. Furthermore, the Property is separated from the residential development to the west by two vacant pads. Given the separation and future development of the two pads 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 1.6-acre parcel is of sufficient size and configuration to accommodate the proposed restaurant and coffee shop with drive-throughs. 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-throughs meets applicable city 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.
Salad and Go:
The Salad and Go restaurant proposed hours of operation are intended to be from 6:30AM to 9:00PM, seven days a week.
Black Rock Coffee:
The Black Rock Coffee bar proposed hours of operation are intended to be from 5:00AM to 9:00PM, seven days a week.
Given the proposed use’s location within a developed commercial center, and the distance between the 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.
Current condition:
A traffic study was submitted with the application for use permit and approved by the Engineering Department. The study concluded that both uses were 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. Currently, ingress/egress to the Property is provided from Yuma Road and Cotton Lane. There are two entries into the Property from Yuma Road – one full access and one right-in/right-out only. There is a right-in/right out entry and a three-quarter access drive into the center off of Cotton Lane.
Future condition:
Upon completion of the proposed Loop 303 extension from Van Buren Street and the associated interchange improvements at Yuma Road, it is anticipated that the right-in/right-out access drive onto Yuma Road and the right-in/right-out access drive on Cotton Lane will be closed. Cottonflower Marketplace and the Property will remain accessible from Yuma Road via the full-access driveway and accessible from Cotton Lane via a right-in/right-out access drive.
4. Other concerns, which may place the advisability of the proposed convenience use in question.
Staff found no other concerns with the development of convenience uses 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, including the Cotton Flower HOA and residents, within 500 feet of the Property. A Citizen Review meeting was held on September 22, 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 November 2, 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 convenience uses on the Property, 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.
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 Property Owner is the requesting a use permit for two convenience uses (Salad and Go restaurant with a drive-through and Black Rock Coffee bar with a drive-through) on a 1.6-acre parcel within the Cottonflower PAD. As previously noted, the Property is designated for commercial uses 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 uses will be a Salad and Go Restaurant with a drive-through and a Black Rock Coffee bar with a drive-through.
Salad and Go:
The Salad and Go restaurant will consist of a single-story, 827 square-foot building. Salad and Go will only provide drive-through and pick-up services for customers (there is no indoor or outdoor dining). The first option is through food sales/pick-up from a pedestrian window located on the north side of the building. The second option is through the conventional drive-through lanes. Customers will place their order at the menu board and speaker, and pay and pick-up their food at the pick-up window. The conventional drive-through lanes meet the city’s former queueing standards of 150 feet. Lastly, the third option is from a vehicular pick-up window on the west side of the building. This vehicular pick-up window is for online/remote purchases only. The vehicular pick-up lane provides queueing for three cars to queue along the pick-up lane. Customer pick-up times are assigned at time of order.
Black Rock Coffee:
The Black Rock Coffee Bar will consist of a single-story, 1,976 square-foot building. Indoor and drive-through services will be provided for customers. Black Rock Coffee will be developed with the conventional double drive-through lane configuration. Customers will enter the drive-through lanes and place their order at the menu board and speaker, and food and beverage products will be picked-up and paid for at the same window. The proposed queuing meets the city’s former queuing standards of 150 feet.
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 both buildings will utilize the materials and colors approved for the Cottonflower Marketplace.
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 uses should not generate excessive odors, noise or light to the detriment of the surrounding area as described herein and with the resultant approval and stipulations. The distance between the Property and the nearest residential unit is approximately 400 feet. This separation serves to minimize the potential impact of odors, noise and light from the operation of the restaurant and coffee shop on the nearby residential development. The Property is located in the city’s Lighting Zone 2, which requires all lights to be shielded. Stipulations have been included prohibiting speakers from being audible to nearby residential development, which address potential noise issues that might otherwise arise. 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 for both uses has been provided in conformance with the applicable requirements.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The Property and accompanying convenience uses are 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 an Esporta Fitness along with several other existing and proposed drive-through restaurants and vehicle repair/service facilities. Furthermore, the proposed use is located within a commercial corridor and within close proximity to a proposed freeway interchange for the Loop 303 extension. As such, the proposed uses 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 (±400 feet) is located to the west, within Cotton Flower. Furthermore, the Property is separated from the residential development to the west by two vacant pads. Given the separation and future development of the two pads 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 1.6-acre parcel is of sufficient size and configuration to accommodate the proposed restaurant and coffee shop with drive-throughs. 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-throughs meets applicable city 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.
Salad and Go:
The Salad and Go restaurant proposed hours of operation are intended to be from 6:30AM to 9:00PM, seven days a week.
Black Rock Coffee:
The Black Rock Coffee bar proposed hours of operation are intended to be from 5:00AM to 9:00PM, seven days a week.
Given the proposed use’s location within a developed commercial center, and the distance between the 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.
Current condition:
A traffic study was submitted with the application for use permit and approved by the Engineering Department. The study concluded that both uses were 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. Currently, ingress/egress to the Property is provided from Yuma Road and Cotton Lane. There are two entries into the Property from Yuma Road – one full access and one right-in/right-out only. There is a right-in/right out entry and a three-quarter access drive into the center off of Cotton Lane.
Future condition:
Upon completion of the proposed Loop 303 extension from Van Buren Street and the associated interchange improvements at Yuma Road, it is anticipated that the right-in/right-out access drive onto Yuma Road and the right-in/right-out access drive on Cotton Lane will be closed. Cottonflower Marketplace and the Property will remain accessible from Yuma Road via the full-access driveway and accessible from Cotton Lane via a right-in/right-out access drive.
4. Other concerns, which may place the advisability of the proposed convenience use in question.
Staff found no other concerns with the development of convenience uses 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 | 3.03 | 1.52 | 3.03 | 1.52 | #181 | 9.55 | 4.78 | 9.55 | 4.78 | |
Public Participation:
In accordance with the city’s Citizen Review Ordinance, a notice was sent to all property owners, including the Cotton Flower HOA and residents, within 500 feet of the Property. A Citizen Review meeting was held on September 22, 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 November 2, 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 convenience uses on the Property, 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.
Attachments
- Aerial Photo
- Project Narrative
- Site Plan
- Building Elevations
- Applicant Presentation
- Staff Presentation