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AGENDA ITEM #:23-300-00003
DATE: December 6, 2023
CAR #:
CASE #: {Case#}
Planning & Zoning Commission ACTION REPORT
 
SUBJECT: SEDELLA COMMERCIAL RETAIL BUILDING WITH DRIVE-THROUGH USE PERMIT
 
STAFF PRESENTER(S): Christian M. Williams, AICP, Principal Planner

SUMMARY:

A Public Hearing to Recommend Approval of a Use Permit for a Retail Building with Drive-through on an approximately 1.78-acre property zoned Planned Area Development (PAD) with an underlying zoning of (Community) Commercial located at the northeast corner of Perryville Road and Indian School Road.

RECOMMENDATION:

  1. Conduct a public hearing to consider a request for a Use Permit for an approximate 8000 square foot retail/restaurant with a drive-through on approximately 1.78-acres zoned Planned Area Development (PAD) with an underlying zoning of (Community) Commercial located at the northeast corner of Perryville Road and Indian School Road.
  2. Recommend approval of the request for a Use Permit for an approximate 8000 square foot Retail/Restaurant Building with a Drive-through on approximately 1.78-acres within the portion of the property identified as PAD D in the attached Preliminary Site Plan (the “Retail/Restaurant Drive-Through Use Permit Site”) subject to stipulations. (Christian M. Williams, Principal Planner)

STIPULATIONS:

  1. The operations of drive-through restaurants developed within the Retail/Restaurant Drive-Through Use Permit Site shall comply with the requirements of Section 4-2-18 (Drive-Through Restaurants) of the Goodyear Zoning Ordinance; and
  2. The Preliminary Site Plan attached hereto has not been approved and development on the Property will be subject to site plan review and administrative 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 the Preliminary Landscape Plans have not been approved, but will be subject to administrative approval by the city staff during the site plan approval process.  Notwithstanding the foregoing, the Retail/Restaurant Drive-Through Use Permit Site shall be developed in substantial conformance with the Preliminary Site Plan attached hereto and the Preliminary Landscape Plans attached hereto except for the following modifications.
    1. The Preliminary Site Plan and Preliminary Landscape Plan attached hereto shall be modified so that the Retail/Restaurant Drive-Through Use Permit Site complies with the requirements of Section 4-2-18 (Drive-Through Restaurants) of the Goodyear Zoning Code, including, but not limited to the following requirements:  
      1. Drive-through lanes shall be screened from public and private streets, internal drive-aisles, interior ingress/egress driveways, off-site public parks, plazas, and sidewalks, and residential uses. Screening shall be by one (1) of the following, except as noted in Section 4-2-18 (Drive-Through Restaurants) of the Goodyear Zoning Ordinance:
        1. A decorative opaque wall or fence constructed at a minimum height of three (3) feet and a maximum height of four (4) feet as measured from the adjacent grade. Solid walls shall be required along all public and private streets.
        2. A continuous non-deciduous landscape hedge maintained at a minimum height of three (3) feet.
        3. A combination of an opaque wall or fence and a non-deciduous landscape hedge.
      2. The drive-through shall include a solid canopy over the drive-through lane that covers a length not less than one (1) car length (at least twenty (20) feet) over the pick-up window and the portion of the drive-through facility located adjacent to the pick-up window. When the pick-up window faces a public or private street, then the solid canopy shall cover a length of at least thirty (30) feet over the pick-up window and the portion of the drive-through facility located adjacent to the pick-up window.
    2. The Preliminary Landscape Plan attached hereto shall be modified so that the Retail/Restaurant Drive-Through Use Permit Site complies  with the requirements of section 5.1.6(B)(3)(c) (Fire Hydrant Clearance) of the City of Goodyear Engineering Design Standards and Policies, which requires a seven (7) foot clear space around all fire hydrants from landscape materials that exceed six (6) inches in height when mature. The Preliminary Landscape Plan attached hereto shall be modified to clearly show the fire hydrant locations and provide a note that details the seven (7) clear space around the fire hydrants. The note will need to state the sizing when mature requirement.  
Notwithstanding the foregoing, the Preliminary Landscape Plans may be modified if the Development Services Director or designee has determined that alternative proposed landscaping provides an equal or greater level of quality and functionality as the landscaping reflected in the Preliminary Landscape Plan attached hereto and the modified Preliminary Landscape Plans comply with the requirements of the Section 4-2-18 (Drive-Through Restaurants) and the requirements of section 5.1.6(B)(3)(c) (Fire Hydrant Clearance) of the City of Goodyear Engineering Design Standards and Policies.  An amendment to the Use Permit shall be required if the property owner/developer wants to reconfigure the site and the Zoning Administrator or his/her designee determines the proposed site plan is not in substantial conformance with the Preliminary Site Plan attached hereto as modified to comply with the requirements of Article 4-2-18 of the Goodyear Zoning Ordinance; and,
  1. All roof top units shall be shielded by parapet walls and parapet walls shall be designed and constructed in a manner to appear as a solid, three-dimensional form rather than a veneer; and,
  2. All ground mounted mechanical equipment shall be shielded in compliance with the approved landscaping plans; and,
  3. A drive-through business may not occupy the entirety of any building constructed on the Retail/Restaurant Drive-Through Use Permit Site. If a restaurant with a drive-through (or beverage establishment with drive-through) operates within a building developed on the Retail/Restaurant Drive-Through Use Permit Site, the drive-through establishment shall not occupy more than 50% of the building or 4000 square feet, whichever is less and the building shall be tenant improved in a manner that allows for two (2) non-drive through businesses to also locate within the building; and,
  4. Queued vehicles shall not obstruct designated fire lanes or public streets. Any observed obstruction of designated fire lanes or public streets 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,
  5. The proposed Retail/Restaurant Building with a Drive-Through developed on the Retail/Restaurant Drive-Through Use Permit Site shall be in substantial conformance with the conceptual building elevations attached hereto unless the Development Services Director or designee has determined that alternative color and design elements provide an equal or greater level of quality and functionality as the building elevations reflected in the Conceptual Building Elevations attached hereto; and,
  6. All signage requires separate review and approval by the Development Services Department, and building permits must be obtained from the City prior to the installation of any signage; and,
  7. All decorative pavers and crossings shall be constructed of pavers, colored concrete, or stamped concrete (not stamped asphalt); and,
  8. All sidewalks, internal to the site, which connect to decorative pavers or a similar material, shall be ramped or sloped so pedestrians, strollers, bikes, etc. may cross the path; and,
  9. No fencing or monumentation signage greater than 3-feet tall shall be placed within the site visibility triangle shown on the Preliminary Site Plan attached hereto; and, 
  10. An outdoor patio at least 400 square feet shall be developed on the Retail/Restaurant Drive-Through Use Permit Site concurrently with the construction of the retail building constructed on the Retail/Restaurant Drive-Through Use Permit Site whether or not the retail building includes a drive-through. The outdoor patio constructed pursuant to this requirement shall count towards the 1% of gross site area usable as pedestrian oriented open space; and,
  11. No alcohol, liquor, tobacco or marijuana shall be distributed through any drive-through the window of the retail/restaurant building constructed on the Retail/Restaurant Drive-Through Use Permit Site; and,
  12. The Sedella pergola and corner entry feature located at the northeast corner of Perryville Road and Indian School Road as reflected in the attached Preliminary Site Plan and/or Conceptual Landscape Plans shall be constructed prior to the issuance of a Certificate of Occupancy for the Retail/Restaurant with Drive-Through being permitted herein and shall contain a minimum of two shaded benches and shall count towards the 1% of gross site area usable as pedestrian oriented open space; and,
  13. Addresses for all new and existing buildings on the Retail Restaurant Use Permit Site shall comply with the requirements of Section 505.1 of the International Fire Code as adopted by the City of Goodyear.  New and existing buildings within the Retail/Restaurant Drive-Through Use Permit Site shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the Retail/Restaurant Drive-Through Use Permit Site. Landscaping or structures cannot obscure addresses or required signage. These numbers shall contrast with their background and shall be weather resistant. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Unless otherwise provided herein, numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address numbers shall be maintained and sized in accordance with the following:
    1. Each building is to have the address posted on the approach side of the building. The minimum size numbers are to be twelve (12) inches high with a two (2) inch stroke. The address numbers are to be mounted high on the building to be visible from the street or drive aisle and must be of a contrasting color to the background. The site plan submittal is to show the address number locations shown on all of the elevation plans for each building for evaluation; and,
  14. The Property shall be developed in substantial conformance with the Preliminary Landscape Plan attached hereto, unless the Development Services Director or designee has determined that alternative proposed landscaping provides an equal or greater level of quality and functionality as the landscaping reflected in the Preliminary Landscape Plan attached hereto except for the following modifications.  The Preliminary landscape plans shall be modified as needed to comply with the requirements of section 5.1.6(B)(3)(c) (Fire Hydrant Clearance) of the Engineering Design Standards, which requires a seven (7) foot clear space around all fire hydrants from landscape materials that exceed six (6) inches in height when mature. The Preliminary Landscape Plan attached hereto shall be modified to clearly show the fire hydrant locations and provide a note that details the seven (7) clear space around the fire hydrants. The note will need to state the sizing when mature requirement; and,
  15. The Retail/Restaurant Drive-Through Use Permit Site is located within Lighting Zone 2. The City’s lighting standards may be found in Article 10 of the Zoning Ordinance when preparing lighting plans for the project except as modified by Ordinance No. 2005-0946, which states the following: 
    1. The Developer of any commercial parcel shall minimize the amount of light “spillage” or trespass into abutting residential neighborhoods and general light pollution. The maintained average luminance over the entire parking lot shall be no greater than 3.3-foot candles. Building mounted lighting shall include “house-sideshields” and cutoffs to reduce hot spots. Light trespass shall not exceed .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 to the site. Light poles adjacent to residential lots shall be a maximum of 18 feet, including concrete base(s); and
  16. Prior to the issuance of a building permit on the Retail/Restaurant Drive-Through Use Permit Site, a final photometric plan that identifies how light source will be placed and used to minimize light trespass into the nearby residential neighborhoods shall be submitted and shall be approved by Development Services Director or his designee up a determination that the placement of light sources complies with the requirements set forth above.

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 all 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 Retail/Restaurant Drive-Through Use Permit Site consists of approximately 1.78-acres and is located within a larger 13.48-acre planned commercial center, generally located northeast of Perryville Road and Indian School Road.

The Retail/Restaurant Drive-Through Use Permit Site was zoned Final Planned Area Development with Ordinance No. 2005-0946 which zoned the larger Sedella development into residential and commercial mixed-use master planned community. The whole of Sedella is 638 acres and contains two commercially zoned corners which total approximately 31.75 acres.

STAFF ANALYSIS

Current Policy:
A Convenience Use (store with gas sales) and Drive-through is a Use Permit use in the General Commercial (C-2) which is equivalent to the Sedella (Community) Commercial Zoning District as well as within the Sedella Final Planned Area Development and is subject to the provisions of Article IV for Convenience Uses, which includes Convenience Use (store with gas sales) and Drive-through. Convenience uses are also subject to the provisions of Article 4-2 (Uses Requiring Additional Evaluation) of the Zoning Ordinance, which requires additional evaluation regarding the appropriate location and conditions of the use or operation. The Use Permit request is to be reviewed by the Planning and Zoning Commission and approved by the City Council.

Section 1-3-2 (Use Permits) of the Zoning Ordinance provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following two 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 Retail/Restaurant Drive-Through Use Permit Site, to the neighborhood, or to the public welfare; and,
  2. The proposed use is reasonably compatible with uses permitted in the surrounding area.

Section 4-2-2 (Convenience Uses) of the Zoning Ordinance requires evaluation of the following additional 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 proper access and internal circulation.
  2. Compatibility of proposed hours of operation with adjacent residential areas (hours of operation to be indicated in narrative).
  3. Required traffic and access mitigation measures, if any which may include:
    1. Additional right-of-way.
    2. Off-site traffic mitigation measures.
    3. Restriction of some traffic movements through signs or other measures.
    4. Segregation of queuing lanes, vehicle access and pedestrian circulation areas.
    5. Cross-access easements.
    6. Driveway locations
    7. Other concerns which may place the advisability of the proposed convenience use in question.
Surrounding Properties:
  • North – Vacant Commercial lands within Sedella and Sedella residential;
  • South – Indian School Road and vacant agricultural lands zoned PAD;
  • East – Vacant Commercial lands within Sedella, regional drainage and Sedella residential;
  • West – County land under development for Fulton Homes;

Details of the Request:
A Retail Building with Drive-through is proposed on the northeast corner of Perryville Road and Indian School Road, within the undeveloped southwestern-most Sedella Commercial parcel. The Retail/Restaurant Drive-Through Use Permit Site consists of 1.78-acres within the larger 13.48-acre parcel. The original Sedella Final Planned Area Development envisioned an array of commercial uses, on this site, including convenience uses as a Use Permitted use.

The proposed site contains a Retail Building with Drive-throughs. The Retail Building contains a Drive-through with queuing for a minimum of 10 cars (the pick-up window is not facing an arterial roadway), 45 parking spaces and two bike racks.

The proposed retail building includes 7,700 square-foot of storefront with a northern facing (rear) drive-through window. The building entrance is oriented to face south, towards the arterial road. The drive-through exit is not located on the hard corner of the arterial to arterial road but rather store front and patio as well as a shaded seating area/corner monument. The Sedella residential neighborhood to the north (more than 600 feet north). The retail building will be located over 500 feet away from the residential properties to the east and 582 feet away from the HOA playground within Sedella.  

The Retail Building with Drive-through and Sedella Commercial Center buildings will include masonry, stone and metal materials. Building elevations and architectural finishes and colors will be cohesive throughout the development. Four-sided architecture shall be included on all buildings.

Building designs and architecture shall blend with and compliment the "Old World" Spanish Charm as has been established through the Sedella Planned Area Development. All buildings shall have a minimum of two colors painted on the base of the building. Final commercial design guidelines shall be submitted for review and approval by City Staff prior to the submittal of any site plan application for the commercial parcels.

The proposed building height is less than 30 feet at the tallest point which includes a decorative stone and metal tower, which is under the 56-foot maximum building height established for the C-2 (General Commercial) zoning district.

The Site Plan was submitted concurrently. Site Plan will be approved administratively upon Use Permit approval.

Evaluation Criteria:
The Zoning Ordinance, Section 1-3-2 (Use Permits), provides that the Planning and Zoning Commission and City Council must 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 Retail/Restaurant Drive-Through Use Permit Site, to the neighborhood, or to the public welfare.
The Use Permit proposed on Retail/Restaurant Drive-Through Use Permit Site is intended for the development of commercial uses with a drive-through. The proposed Retail Building with Drive-through will be approximately 500 feet from the nearest residential property within Sedella and 582 feet from the nearest playground within the Sedella community. Given the building orientation, retail configuration and Drive-through configuration, the Use Permit will not be materially detrimental to those persons working or shopping within the area, to the neighborhood or public welfare.

2. The proposed use is reasonably compatible with uses permitted in the surrounding area.
The area surrounding the Retail/Restaurant Drive-Through Use Permit Site intended for the Use Permit includes a mix of commercial uses, retail and office uses. The existing and proposed commercial uses within the area are of like intensity and operation to the proposed Use Permit, and should therefore be compatible. The developer intends to provide additional landscaping along both the south and western property lines. When consideration is given to the building setback, the existing and new proposed landscaping, screen walls, canopies and pergolas as well as the buildings setback from both Perryville Road and Indian School Road, there is sufficient buffering to the adjacent properties.
 
Luke Air Force Base:
The Retail/Restaurant Drive-Through Use Permit Site is located within the vicinity of a military airport. Given the location of the Retail/Restaurant Drive-Through Use Permit Site and the commercial nature of the proposed Use Permit, base operations will not be adversely impacted by this development.

Phoenix-Goodyear Airport:
The Retail/Restaurant Drive-Through Use Permit Site is not located within the Phoenix Goodyear Traffic Pattern Airspace. Additionally, given the commercial nature of the proposed Use Permit, airport operations will not be adversely impacted by this development.

3. Demands for public services that will be generated by the uses permitted in the proposed zoning district.
Fire Response:
Emergency response times and distances are provided below:
Nearest
Fire Station		 Shortest path Nearest
Goodyear Fire Station		 Shortest path
Mins Miles Mins Miles
(Buckeye Valley) Fire Station #321 1.89 0.94 Goodyear Fire Station #185 8.43 4.22
 
Police Response:
The Retail/Restaurant Drive-Through Use Permit Site is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the Retail/Restaurant Drive-Through Use Permit Site.

Solid Waste:
Solid waste service will be provided by a private company as bulk trash containers will be utilized.

Streets/Transportation:
The Retail/Restaurant Drive-Through Use Permit Site will have access Perryville Road and Indian School Road.

Water/Wastewater:
The Retail/Restaurant Drive-Through Use Permit Site will be served by a private provider. All infrastructure necessary to serve the Retail/Restaurant Drive-Through Use Permit Site will be required to be installed by the property owner and/or developer.
 
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:
 
4. Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
The site of the proposed Retail/Restaurant is a 1.78-acres portion of a commercially zoned development. The Retail/Restaurant Drive-Through Use Permit Site will be adjacent to one of the main driveway entrances into the larger center off of Perryville Road, and will be served by internal connections to the commercial center. The site is adequate to accommodate the proposed building, drive through lane, and required off-street parking and sufficient landscaping.

5. Compatibility of the proposed hours of operation with adjacent residential areas.
The location of the facility is within a quarter mile of a residential neighborhood. Given the proposed building orientation facing north to south, and future commercial building allowances, staff believes the proposed establishment is compatible with the adjacent residential area.

6. Required traffic mitigation measures, if any.
A Traffic Statement is forthcoming. Any recommendations from the statement for site improvements will be required prior to Site Plan approval.

7. Other concerns, which may place the advisability of the proposed convenience use in question.
The Retail/Restaurant Building with Drive-through will be required to proceed through the full Site Plan review process to ensure the development is consistent with the General Commercial (C-2) Zoning District development regulations, the approved “Old World” character of Sedella, as well as the City’s adopted Design Guidelines, development standards, codes, and ordinances.

8. General public concerns.
Public Comment:
An in-person Neighborhood Meeting was held for this proposed use permit and for the other proposed use permits proposed to be developed within the Sedella Commercial Center at the northeast corner of Perryville and Indian School Road.  Notice of the Neighborhood Meeting was sent to property owners within 500 feet of the property on September 13, 2023; signs advertising the Neighborhood Meeting were placed on the site on September 13 2023. The Neighborhood Meeting took place on October 4, 2023. During this neighborhood meeting, residents voiced concerns about traffic within and around Sedella, the amount of industrial in the area, the desire for high quality restaurants, and a fear that if the use permits were not approved the site could become industrial

A public notice that this use permit request would be considered and reviewed at a public hearing to be held before the Planning and Zoning Commission on December 6, 2023 appeared in the Arizona Republic Southwest Valley Edition November 17, 2023; postcards were mailed to adjoining owners on November 3, 2023; and, the sign(s) on the site were updated on November 7, 2023 to notify residents of the scheduled public hearings.

Attachments