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.

The applicant is requesting a Use Permit for a convenience use (drive-through) on the Site within Goodyear Civic Square at Estrella Falls. The Site is designated for commercial use and will be developed in accordance with the Goodyear Civic Square at Estrella Falls Supplemental Design Guidelines and Goodyear Civic Square at Estrella Falls PAD. As required in the Goodyear Civic Square at Estrella Falls PAD, a restaurant with a drive-through must obtain approval of a Use Permit prior to development.

 

The two drive-through lanes provided on the site plan well exceeds the city’s queuing requirements of at least six (6) stacking spaces from the drive through entry to the first stop (i.e. menu/order board) and at least four (4) stacking spaces from the menu board to the first product pick-up window has been voluntarily provided.

 

The proposed convenience use will be a convenience use drive-through restaurant. As shown on the preliminary site plan submitted with the Use Permit, the restaurant will consist of a single-story (22’ 6’’ tall), approximately 3,150 square-foot building with a 600 square foot outdoor patio.

 

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 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 Site 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.
 

2. The proposed use is reasonably compatible with uses permitted in the surrounding area;

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 uses adjacent to the Site are commercial in general.

 

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 Site is approximately 1.46-acres and 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 Civic Square at Estrella Falls. Queuing space for the drive-through meets the 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.

There is no existing residential adjacent to this Site thus no hours of operation restrictions are being proposed.
 

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.

 

Ingress/egress is provided from both Civic Square and Globe Drive.
 

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

Staff has not received any concerns at this time.

Fire Department:
Emergency response times and distances are provided below:

Nearest Goodyear Fire Station	Shortest path		2nd Nearest Goodyear Fire Station	Shortest path
	Mins	Miles		Mins	Miles
Fire Station #181	4.35	2.17	Fire Station #185	4.47	2.23

 

Public Participation and Planning and Zoning Commission Meeting:

An alternative notification process was used for this proposal. A formal citizen review meeting was not held, but notice was given to 19 owners of property within 500 feet of the Site and other stakeholders by first-class mail on March 22, 2024 which provided information on this proposal. There was no objection to the use permit received.

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 April 17, 2024 appeared in the Arizona Republic West Valley Edition March 29, 2024; postcards were mailed to adjoining owners on March 22, 2024; and signs were posted on the Site on March 26, 2024.

The Planning and Zoning Commission considered this item at their regular meeting on April 17, 2024. At the conclusion of the Public Hearing, Commissioners voted (6-0) to forward a recommendation of approval to the City Council.

Staff Findings:

Staff finds that the proposed Use Permit for a Convenience use (Convenience use drive-through) 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.