1. Conduct a public hearing to consider a request for a Use Permit for a Convenience Use Drive-Through Restaurant on an approximately 1.86-acre property zoned Planned Area Development (PAD) within an underlying Neighborhood Commercial zoning within the Palm Valley Phase V PAD, located east of the northeast corner of West Indian School Road and North Sarival Avenue.
2. Recommend conditional approval of the Use Permit for a convenience use for a Convenience Use Drive-Through Restaurant on an approximately 1.86-acre portion legally described in that certain document titled Site Plan attached hereto zoned Planned Area Development (PAD) within an underlying Neighborhood Commercial zoning within the Palm Valley Phase V PAD, located east of the northeast corner of North Sarival Avenue and West Indian School Road, subject to Conditions of Approval. (Christian M. Williams, Planning Manager)

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 (Neighborhood Commercial) zoning district, Drive-Through Restaurants within five hundred (500) feet of residentially zoned property require approval of a Use Permit.
 
On November 14, 2022, the City Council approved a Use Permit for a Convenience Use Drive-Through on the parcel immediately west of this Use Permit request.

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.

Surrounding Properties:

1. North – Commercial within Palm Valley Phase V
2. South – Pebblecreek Phase 2 (Residential)
3. East – Palm Valley Phase V (Residential)
4. West – UPS Hub (Industrial)

Details of the Request:
The applicant is requesting approval of a Use Permit to facilitate the development of a Convenience Use Drive-Through located at the west end unit of a multi-tenant retail building, which will also accommodate additional retail tenants (Attachment B) and current Zoning is PAD with underlying C-1 (Neighborhood Commercial). The Property is located east of the Northeast corner of West Indian School Road and North Sarival Avenue (Attachment C).

The proposed Site Plan includes:

1. A 10,000 square-foot Building. (Attachment D)
2. The capability of accommodating three or more individual tenants of various suite sizes.
3. A drive-through window on the west side of the building that is 230 feet from the nearest residentially zoned parcel, a screen wall directly behind the speaker box that is 228 feet from the nearest residentially zoned parcel, and a driveway entrance approximately 100 feet from the nearest residentially zoned parcel.
4. A building design that both compliments and enhances the shopping center by continuing the theme of the existing use (Attachment E).
5. Landscaping that will complete the southern portion of the overall commercial corner, which includes areas between the existing restaurant to the west and the residential subdivision to the east. (Attachment F).

Evaluation Criteria
Section 1-3-2 (Use Permits) and Section 4-2 2 (Convenience Uses) of the Zoning Ordinance provide Evaluation Criteria (Attachment G).

Public Participation:
An in-person Neighborhood Meeting was conducted for this project. Notice for this Neighborhood Meeting was mailed to 106 property owners within 500 feet of the property on May 28, 2025; signs advertising the Neighborhood Meeting were placed on the site on June 12, 2025. The Neighborhood Meeting took place on June 25, 2025; two (2) residents were in attendance. One (1) resident spoke in opposition of the proposed Use Permit request, and one (1) was interested in the development but did not voice any opposition to the Use Permit request.

The Resident who attended in opposition expressed concerns including: the proximity of the speaker box to residential homes, idling cars and the noise of music emitted from those cars in proximity to their homes, property values, potential for trash and roof rats (rodents), their desire to have sit down restaurants and not a drive-through operation, and the status of their commercial corner as neighborhood commercial.

Notice for this public hearing before the Planning and Zoning Commission included a postcard mailed to the 196 property owners within 500 feet of the subject property on October 15, 2025, appeared in the Arizona Republic Southwest Valley Edition on September 26, 2025; postcards were mailed to 106 adjoining owners on September 16, 2025; and signs were posted on the site on June 20, 2025, and updated with the Public hearing dates on September 19, 2025.

Staff Findings:
Staff finds that the proposed Use Permit for a convenience use (Convenience use 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.