| AGENDA ITEM #:21-300-00003 DATE: October 13, 2021 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (JAMBA/MCALISTER’S DELI RESTAURANT WITH DRIVE-THROUGH) |
| STAFF PRESENTER(S): | Steve Careccia, Principal Planner |
OTHER PRESENTER(S):
Chuck Wurl, Kimley-Horn
SUMMARY:
A request for use permit for a convenience use (Jamba/McAlister’s Deli restaurant with drive-through) generally located at the southeast corner of Palm Valley Boulevard and McDowell road within the Palm Valley Phase I Planned Area Development (PAD).
RECOMMENDATION:
- Conduct a public hearing to consider a request for a use permit for a convenience use (restaurant with drive-through) on a 1.88-acre parcel within the Palm Valley Phase I Planned Area Development.
- Recommend approval of the request for a use permit for a convenience use (restaurant with drive-through) on a 1.88-acre parcel within the Palm Valley Phase I Planned Area Development, subject to stipulations. (Steve Careccia, Principal Planner)
STIPULATIONS:
- All future development on the subject property (Property) will be 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;
- The configuration and location of the proposed drive-through lanes and pick-up windows and resultant traffic patterns shall be developed in substantial conformance with the conceptual site plan submitted with the use permit application, a copy of which is 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 site plan attached hereto;
- Masonry screening walls at least three feet high that are consistent with the design of the building, shall be installed along the entirety of the drive-through lanes except for crossings;
- Masonry screening walls at least three feet high that are consistent with the design of the building and landscaping, shall be installed shall be provided to screen the parking lot along McDowell Road and Cornerstone Boulevard;
- No menu boards shall be permitted for the drive-through lane to the McAlister’s Deli pick-up window;
- Trash pickup shall only occur between the hours of 9:00 AM and 9:00 PM;
- Noise emissions from outdoor speakers shall not be audible at residential property lines;
- Freestanding light fixtures shall have a maximum height of 15 feet. Shields shall be provided to prevent light trespass onto residential properties to the north of the Property; and,
- All signage, including all preview and menu boards, proposed on the Property shall require separate review and approval of sign permits. No signage is approved as part of this use permit.
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 Phase I of the Palm Valley PAD. The original zoning for Palm Valley Phase I was approved in 1989. The subject property was part of a rezoning from PAD High Density Residential to PAD Mixed Use Commercial on May 29, 2001 with the adoption of Ordinance No. 01-759. Pursuant to the PAD, commercial uses are permitted on the property.
The Property is part of a commercial center known as Palm Valley Cornerstone. A master site plan for the center was approved on August 12, 2004 with Case No. 04-600-00015.
The Property is part of a commercial center known as Palm Valley Cornerstone. A master site plan for the center was approved on August 12, 2004 with Case No. 04-600-00015.
STAFF ANALYSIS
Current Policy
A use permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process.
Details of the Request
The applicant is requesting a use permit for a convenience use (restaurant with drive-through) on a 1.88-acre parcel within the Palm Valley Phase I PAD. As previously noted, the Property is designated for commercial use 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 use will consist of a combined Jamba and McAlister’s Deli restaurant with two drive-throughs. As shown on the conceptual site plan submitted with the use permit, the restaurant will consist of a single story, 4,598 square-foot building. The site configuration provides drive-through components for each restaurant user. The drive-through for the Jamba is a conventional drive-through with menu boards for onsite ordering. The drive-through for the McAlister’s Deli is for remote ordering only. The Jamba drive-through window will be located on the east side of the building while the McAlister’s Deli drive-through window will be located on the west side. The entrance to both drive-through lanes occurs on the west side of the property with exiting to the south and north. As a conventional drive-through restaurant, the drive-through lane for the Jamba will provide queuing for up to nine cars from the first stop (menu board). The drive-through for the McAlister’s Deli will provide queuing space for six cars. Both drive-through lanes will be in conformance with the city’s queuing requirements.
Parking for the proposed convenience use will be provided onsite in conformance with city standards. But if additional overflow parking should be needed, cross access and shared parking agreements exist for the Palm Valley Cornerstone center.
As shown on the conceptual building elevations submitted with the use permit, the building design will utilize the design, materials and colors approved for Palm Valley Cornerstone. Final building design will be approved at time of site plan review and approval.
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:
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:
Fire Department:
Emergency response times and distances are provided below:
Public Participation:
In accordance with the city’s Citizen Review Ordinance, an in-person neighborhood meeting was held on Tuesday, August 24 at 6 PM. No one from the public was in attendance at the meeting.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to surrounding property owners, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition, on September 24, 2021. To date, staff has not received any public inquires on this request.
A use permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process.
Details of the Request
The applicant is requesting a use permit for a convenience use (restaurant with drive-through) on a 1.88-acre parcel within the Palm Valley Phase I PAD. As previously noted, the Property is designated for commercial use 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 use will consist of a combined Jamba and McAlister’s Deli restaurant with two drive-throughs. As shown on the conceptual site plan submitted with the use permit, the restaurant will consist of a single story, 4,598 square-foot building. The site configuration provides drive-through components for each restaurant user. The drive-through for the Jamba is a conventional drive-through with menu boards for onsite ordering. The drive-through for the McAlister’s Deli is for remote ordering only. The Jamba drive-through window will be located on the east side of the building while the McAlister’s Deli drive-through window will be located on the west side. The entrance to both drive-through lanes occurs on the west side of the property with exiting to the south and north. As a conventional drive-through restaurant, the drive-through lane for the Jamba will provide queuing for up to nine cars from the first stop (menu board). The drive-through for the McAlister’s Deli will provide queuing space for six cars. Both drive-through lanes will be in conformance with the city’s queuing requirements.
Parking for the proposed convenience use will be provided onsite in conformance with city standards. But if additional overflow parking should be needed, cross access and shared parking agreements exist for the Palm Valley Cornerstone center.
As shown on the conceptual building elevations submitted with the use permit, the building design will utilize the design, materials and colors approved for Palm Valley Cornerstone. Final building design will be approved at time of site plan review and approval.
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:
- 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 use is in conformance with the intent of the Palm Valley Phase I PAD, which intends commercial uses within the overall area including the Property. Regarding persons residing in the area, a single family neighborhood is located to the north of the Property. Given the proposed use is not directly adjacent to the Property but separated by a major arterial street with 130 feet of width and a 40-foot wide landscape buffer along McDowell Road, it should not result in any materially detrimental effects on the neighborhood.
- The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed use is located within a commercial center intended for similar commercial uses, including those uses with drive-through facilities (as allowed with a use permit). As such, the proposed use will be compatible with the existing and intended uses of the surrounding commercial area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). As previously noted, the residential neighborhood to the north will be separated from the proposed use by a major arterial street and enhanced landscape buffer. The staff recommendation also includes stipulations addressing trash pickup, lighting and noise, as originally stipulated in Ordinance No. 01-759 that adopted the commercial zoning for Palm Valley Cornerstone.
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:
- Adequacy of the parcel size and configuration to provide for proper access and internal circulation.
The 1.88-acre parcel is of sufficient size and configuration to accommodate the proposed restaurant with drive-throughs. The proposed access and internal traffic circulation pattern have been designed to be consistent with the overall master site plan.
- Compatibility of the proposed hours of operation with adjacent residential areas.
Hours of operation are intended to be from 7 AM to 9 PM, Monday through Thursday, 7 AM to 10 PM on Friday and Saturday, and 8 AM to 9 PM on Sunday. Given the proposed use’s location within a developed commercial center, and with adequate buffering from residential, staff does not recommend any restrictions on hours of operation.
- Required traffic mitigation measures, if any.
The traffic study for the site was approved by the Engineering Department. Street and access improvements adjacent to McDowell Road and Cornerstone Boulevard have been completed. A signalized intersection exists at McDowell Road and Cornerstone Boulevard. Other ingress/egress is provided by several driveways onto McDowell Road and Cornerstone Boulevard.
- Other concerns, which may place the advisability of the proposed convenience use in question.
Staff found no other concerns with the development of a convenience use 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 | |||
| #183 | 3.81 | 1.90 | 3.81 | 1.90 | #181 | 4.45 | 2.22 | 4.45 | 2.22 | |
Public Participation:
In accordance with the city’s Citizen Review Ordinance, an in-person neighborhood meeting was held on Tuesday, August 24 at 6 PM. No one from the public was in attendance at the meeting.
Notice for the public hearings before the Planning and Zoning Commission and City Council included a notice mailed to surrounding property owners, a sign posted on the property, and a legal notice published in the Arizona Republic, Southwest Edition, on September 24, 2021. To date, staff has not received any public inquires on this request.