1. The Site Plan for McDonald’s and the supporting submittal documents including the McDonald’s Building Elevations and McDonald’s Landscape Plans, attached hereto are not approved and are conceptual until approved.  (The Site Plan for McDonald’s attached hereto is hereinafter referred to as the “Conceptual McDonald’s Site Plan”)  All future development on the Property is subject to final 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 Property shall be developed in substantial conformance with the Conceptual McDonald’s Site Plan, the McDonald’s Building Elevations attached hereon, and the Landscape Plans attached hereto, none of which have received final approval; 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:

A. An exhaust scrubbing device, such as the AirMaid Corona Glass Cell or similar 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

No Building Permit shall be issued for the restaurant on the Property until the mitigation plan has been submitted and approved by the Development Services Director or his designee and no Certificate of Completion or Certificate of Occupancy for the restaurant be issued for any building on the Property until the improvements identified in the mitigation plan have been completed.  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. The maintenance average luminance over the entire parking lot shall be no greater than 3.3-foot candles. Building mounted lighting shall include “house-side-shields and cutoffs to reduce hot spots. Light trespass shall not exceed 0.8 vertical foot candles at all residential property lines and will be measured at six feet (6’) above grade, with the light meter aimed at 90 degrees above nadir and perpendicular into the site. Light poles adjacent to residential lots shall be a maximum of 18 feet, including concrete base(s). Final photometric plans shall be reviewed and approved by Development Services staff in an effort to minimize light trespass into residential neighborhoods prior to the issuance of a building permit; and

6. 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 south side of the building, may be placed higher than 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

7. Noise from speakers for drive-through facilities located on the Property shall not be audible within 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

8. A six foot (6’) tall decorative CMU wall, similar to the one shown on the Conceptual McDonald’s Site Plan attached hereto, shall be constructed on the south side of the drive-through lane to block noise from the speakers and vehicles; and

9. The drive-through speaker box canopy shall be designed to match the aesthetics of the building and trellis architecture as well as colors;

10. The base of all sign boards and menu boards shall not contain single poles but shall be designed in a decorative manner in accordance with the Article 7, Sign Regulations, of the City of Goodyear Zoning Ordinance; and

11. 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 Conceptual McDonald’s 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 Conceptual McDonald’s Site Plan attached hereto; and

12. 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 staff’s notification to the owner or operator that staff had observed the obstruction of designated fire lanes and/or public streets. Said plan shall require approval from the Fire Chief and Engineering Director, or designees. The owner/operator shall comply with all requirements in the approved traffic management plan. The failure to comply with the requirements set forth herein can result in the termination of this use permit if an approved traffic management plan is not in place and implemented in a timely fashion following city staff’s notification that such a traffic management plan is required.  Repeated observations of obstructions to designated fire lanes and/or public streets can result in the termination of the use permit; and

13. 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:

A. Internally illuminated signage shall not be placed on the south side of any building on the Property. External illumination is permitted as long as the light source is fully shielded and not visible from adjoining properties or public ways.

14. Hours of operation shall be between the hours of 5 a.m. to 12 a.m. Product or service deliveries associated with the restaurant shall be prohibited between the hours of 10:00 p.m. and 6 a.m.; and

15. Any trees damaged or removed, due to the construction of a deceleration lane along Sarival Avenue, shall be replaced with 36-inch box trees. The replacement trees and any irrigation modifications associated with such tree replacements shall be the sole cost of the owner/developer and shall be coordinated with the Glenmont Estates (Pueblo Verde residential) Homeowners Association; and

16. Any bushes or shrubs damaged or removed, due to the construction of a deceleration lane along Sarival Avenue, shall be replaced with like material, with shrubs having a minimum size of five gallons. The replacement bushes and shrubs and any irrigation modifications associated with such bush and shrub replacements shall be the sole cost of the owner/developer and shall be coordinated with the Glenmont Estates (Pueblo Verde residential) Homeowners Association;

17. Prior to the issuance of a certificate of completion, temporary certificate of occupancy, and/or permanent certificate of occupancy, the median located within Yuma Road, that is located east of Sarival Avenue and the eastern boundary of Lot 2 of A Minor Land Division Map of Tract YY Per Final Plat of Pueblo Verde Book according to the plat of record in the office of the County Recorder of Maricopa County, Arizona recorded in Book 1686 of Maps Page 50 shall be fully landscaped in accordance with the requirements for median landscaping in the City of Goodyear Engineering Design Standards and Policies; and

18. All temporary retention basins along the frontage of the Sarival Avenue and Yuma Road right-of-way shall be temporarily covered with decomposed granite; and

19. The owner/developer shall submit a Comprehensive Sign Package for the commercial parcel prior to approval of a site plan for the Property; and

20. Prior to issuance of the first construction permit for any work within the Property, the city shall be provided, at no cost to the city, an Emergency Access Easement to be dedicated by separate instrument or as a part of a Final Plat. The easement shall be in a form provided by the City Attorney or his designee, shall be recorded in the official records of the Maricopa County Recorder, and the recording information inserted in the Final Plat or Minor Land Division prior to recordation of the Final Plat or Minor Land Division; and
 
21. Prior to issuance of the first construction permit for any work within the Property, the city shall be provided, at no cost to the city, a Water Meter Easement to be dedicated by separate instrument or as a part of a Final Plat. The easement shall be in a form provided by the City Attorney or his designee, shall be recorded in the official records of the Maricopa County Recorder, and the recording information inserted in the Final Plat or Minor Land Division prior to recordation of the Final Plat or Minor Land Division; and
 
22. Prior to issuance of the first construction permit for any work within the Property, the city shall be provided, at no cost to the city, Temporary Drainage Easements, as identified on the approved site plan for the Property, to be dedicated by separate instrument. The easement shall be in a form provided by the City Attorney or his designee, shall be recorded in the official records of the Maricopa County Recorder, and the recording information inserted in the Final Plat or Minor Land Division prior to recordation of the Final Plat or Minor Land Division; and
 
23. Prior to the issuance of a Certificate of Completion, Temporary Certificate of Occupancy of Certificate of Occupancy for any structure within the Property, a dedicated right turn deceleration lane in conformance with City Standard Detail G-3230 shall be constructed on Sarival Avenue providing access into the Property from the driveway as reflected on the Conceptual McDonald’s Site Plan.  The City shall be provided, at no cost to the City, the right of way or an easement needed to accommodate the right turn deceleration lane.  If the property needed for the deceleration lane is conveyed to the City in fee, it shall be lien free and free of all encumbrances unless agreed to by the City.  If an easement is provided for the deceleration lane, the easement shall be in a form provided by the City and the easement shall be conveyed lien free and free of all encumbrances unless agreed to by the City. It shall be the responsibility of the owner/developer to coordinate with Pueblo Verde Community Association to acquire the necessary right of way or easements for the deceleration lane.  If the City is not provided the right-of-way or an easement for the deceleration lane, the Conceptual McDonald’s Site Plan shall be modified and the  driveway relocated to a location where owner/developer can provide right-of-way or an easement for a deceleration lane to the relocated driveway or access from the driveway to Sarival will be limited to egress only, that is, there will be no entry into the Property from Sarival; and  

24. Owner/developer shall complete the construction of all improvements for the half-street improvements for the east half of the section of Sarival Avenue along the frontage of the Property required for a Minor Arterial as set forth in the City of Goodyear Engineering Design Standards in effect when the improvements are constructed by installing landscaping within the right-of-way as required in the City of Goodyear Engineering Standards (the Sarival Road Improvements”)  The Sarival Road Improvement shall be completed prior to the issuance of any Certificate of Completion or Certificate of Occupancy for the Restaurant; and

25. Owner/developer shall complete the construction of all improvements for the half-street improvements for the south half of the section of West Yuma Road along adjacent to the frontage of the Property required for a Scenic Arterial as set forth in the City of Goodyear Engineering Design Standards in effect when the improvements are constructed by installing landscaping within the right-of-way as required in the City of Goodyear Engineering Standards (the Yuma Road Improvements”)  The Yuma Road Improvement shall be completed prior to the issuance of any Certificate of Completion or Certificate of Occupancy for the Restaurant; and

26. The Property Owner shall dedicate prior to the issuance of the first construction permit, unless dedicated or in the process of being dedicated by others through separate instruments or a final plat process, at no cost to the city, all rights-of-way and/or easements that are: (i) needed for the construction of infrastructure improvements required for the city to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the city of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for constructing or for which Owner is responsible for making in-lieu payments; (iv) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein; and (v) required for public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the city of Goodyear’s Engineering Design Standards and Policies.

The proposed use, as described in the materials provided with the Use Permit and as stipulated herein, should not generate excessive traffic, 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. Two drive-through lanes with queuing that meets the city’s new requirements of at least six stacking spaces have been provided. Stipulations have been including requiring speakers to not be audible to residential property and lighting to be shielded per city of Goodyear lighting standards. Signage facing east is also restricted by stipulation to prevent light pollution overnight.

The proposed use would be located within an undeveloped parcel subject to the city’s C-1 (Neighborhood Commercial) zoning regulations, which is intended for similar commercial uses. The Property is located at the southeast corner of Sarival Avenue and Yuma Road and is between 150’ and 210’ from the residential development to the south. Within this separation distance are  a vacant pad site and a portion of the approved Pueblo Verde Storage development that are also subject to the city’s C-1 (Neighborhood Commercial) zoning regulations. As such, the Property is not directly adjacent to any existing residential development, but rather is buffered from the residential by future commercial development. At this time, there are currently no plans for the vacant pad sites. Additionally, a 6’ tall decorative CMU will be installed along the southern edge of the drive-through lane to further buffer existing residential from the drive-through use.

The architecture of the building will match the themes established within this portion of Goodyear and substantially match the colors, materials and roofline of the storage building currently under construction. Additionally, the building will include agrarian elements such as trellis shade coverings and picket fencing.

The Property is located along a major arterial road abutting commercial to the northwest, south and east and is approximately one mile east of the future Arizona State Route 303 Loop and a future interchange with Yuma Road.

1. Adequacy of the parcel size and configuration to provide for proper access and internal circulation.

The 1.28-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 connected and cohesive with future pad sites and users within the Pueblo Verde commercial center. Queuing space for the drive-through meets city’s new standards 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.

Hours of operation shall be restricted to 5 a.m. to 12 a.m. Product or service deliveries (including trash removal) associated with the restaurant shall be prohibited between the hours of 10:00 p.m. and 6 a.m. Staff supports these time restrictions as the Pueblo Verde PAD and Ordinance require limitations on hours of operations for commercial uses within the PADs commercial site. Staff has also included stipulations to address noise and light impacts.

3. Required traffic mitigation measures, if any.

A traffic study was submitted with the application for Use Permit. All intersections are expected to continue to operate at an adequate level of services with the proposed uses and the traffic study for the site was approved by the Engineering Department. The Sarival Avenue and Yuma Road intersection is currently signalized.

 

Ingress/egress is provided from both Sarival Avenue and Yuma Road. The driveway off of Yuma Road will be left in, right in and right out. The access off of Sarival Avenue will be right in and right out. Currently, along Sarival Avenue and Yuma Road, the half-street improvements are completed with the exception of deceleration lanes and landscaping.

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

As described in more detail later in this report, staff did receive neighborhood opposition to this request. In response, additional stipulations of approval are recommended to promote greater compatibility between the proposed use and nearby neighborhood.

Fire Department: