| AGENDA ITEM #: 5. DATE: April 14, 2021 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (RESTAURANT WITH DRIVE-THROUGH) |
| STAFF PRESENTER(S): | Steve Careccia, Principal Planner |
OTHER PRESENTER(S):
Randy Rochford, TMR303 (Filiberto’s)
SUMMARY:
A request for use permit for a convenience use (Filiberto’s Mexican Food restaurant with drive-through) located east of the southeast corner of the Loop 303 and Indian School Road within the PV303 Planned Area Development (PAD).
RECOMMENDATION:
- Conduct a public hearing to consider a request to consider a use permit for a convenience use (restaurant with drive-through) on an approximately .83-acre parcel located near the southeast corner of the Loop 303 and Indian School Road within the PV303 Planned Area Development.
- Recommend approval of the request for a use permit for a convenience use (restaurant with drive-through) on an approximately .83-acre parcel located near the southeast corner of the Loop 303 and Indian School Road within the PV303 Planned Area Development, subject to stipulations. (Steve Careccia, Principal Planner)
STIPULATIONS:
- The site plan submitted with the use permit is considered conceptual and is not approved with this use permit. Technical details related to civil engineering, building, and fire access, as included on the conceptual site plan, are not approved with this use permit;
- 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;
- All building elevations shall be designed in conformance with the city of Goodyear Design Guidelines Manual. Building elevations are not approved with this use permit;
- The configuration and location of the proposed drive-through lane and pick-up window and resultant traffic patterns shall be developed in substantial conformance with the conceptual site plan submitted with the use permit application. Any changes to the configuration of these improvements, as shown on the conceptual site plan, that result from the approval of the site plan for the Property or approval of an overall master site plan for the area that also includes the Property may require an amendment to the use permit as determined by the Development Services Director or designee;
- 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; and,
- No internally illuminated wall signs may be placed on the south building elevation.
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 PV303 Planned Area Development (PAD) consists of approximately 1,800 acres generally located south of Camelback Road, east and west of the Loop 303. The development is zoned PAD (Planned Area Development). The development standards applicable to the subject property (Property), which is designated as East II in the PAD, are the standards adopted with Ordinance No. 07-1097, which was approved by the City Council on January 14, 2008. Pursuant to the adopted standards, the Property is designated for commercial uses (C-2, General Commercial). The development standards established within the city’s C-2 (General Commercial) zoning district and the PV303 Master Design Guidelines and Comprehensive Sign Package, dated October 1, 2007, are applicable to the Property.
The .83-acre Property is part of a larger, triangular-shaped area bounded by Indian School Road, the Loop 303 and the PebbleCreek community. The area is predominately undeveloped, except for the Refinery Church located along the Loop 303. The owner/master developer of this area will be responsible for constructing the overall improvements for access, grading and drainage, and utilities. The developer of the Property will be responsible for developing in accordance with these master improvements.
The .83-acre Property is part of a larger, triangular-shaped area bounded by Indian School Road, the Loop 303 and the PebbleCreek community. The area is predominately undeveloped, except for the Refinery Church located along the Loop 303. The owner/master developer of this area will be responsible for constructing the overall improvements for access, grading and drainage, and utilities. The developer of the Property will be responsible for developing in accordance with these master improvements.
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 .83-acre parcel within the PV303 PAD. As previously noted, the Property is designated for commercial uses and will be developed in accordance with the city’s C-2 (General Commercial) zoning district and PV303 design guidelines. 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 Filiberto’s Mexican Food restaurant with a drive-through. As shown on the conceptual site plan submitted with the use permit, the building will consist of approximately 2,200 square feet. The configuration of the drive-lane has customers entering at the south end of the parcel and then traveling north, along the east side of the building, to access the pick-up window. Customers then exit the drive-through lane at the north end of the parcel, with the option to go either east or west to exit the property. Parking will be provided onsite in excess of minimum requirements.
The proposed restaurant building will be constructed in one story at a maximum height of 18 feet. Conceptual building elevations have been provided with the use permit. While the elevations provide a general indication of the applicant’s intended design, the elevations have not been reviewed for conformance with the city’s design guidelines. Such design review will occur during the review of the site plan and will likely result in additional modifications to the intended design. Staff has advised the applicant of the need to enhance the elevations and will work with them during the site plan review on an acceptable design that conforms to the design guidelines.
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, a written notice was mailed to all property owners within 500 feet of the subject parcel. To date, staff has not received any inquires as a result of this written notice.
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 March 26, 2021. To date, staff has not received any 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 .83-acre parcel within the PV303 PAD. As previously noted, the Property is designated for commercial uses and will be developed in accordance with the city’s C-2 (General Commercial) zoning district and PV303 design guidelines. 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 Filiberto’s Mexican Food restaurant with a drive-through. As shown on the conceptual site plan submitted with the use permit, the building will consist of approximately 2,200 square feet. The configuration of the drive-lane has customers entering at the south end of the parcel and then traveling north, along the east side of the building, to access the pick-up window. Customers then exit the drive-through lane at the north end of the parcel, with the option to go either east or west to exit the property. Parking will be provided onsite in excess of minimum requirements.
The proposed restaurant building will be constructed in one story at a maximum height of 18 feet. Conceptual building elevations have been provided with the use permit. While the elevations provide a general indication of the applicant’s intended design, the elevations have not been reviewed for conformance with the city’s design guidelines. Such design review will occur during the review of the site plan and will likely result in additional modifications to the intended design. Staff has advised the applicant of the need to enhance the elevations and will work with them during the site plan review on an acceptable design that conforms to the design guidelines.
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 is in conformance with the intent of the PV303 PAD, which intends commercial uses within the overall area also encompassing the Property. Regarding persons residing in the area, the PebbleCreek community is located to the southeast of the Property. However, the proposed use will be located close to 700 feet from the nearest residence within PebbleCreek, with other commercial uses, an RV storage area and golf course located between the restaurant and residences. Therefore, as stipulated herein, staff finds the use permit will not have any materially detrimental effects on the surrounding area.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed restaurant with drive-through is proposed within an area intended for similar commercial uses, including those uses with drive-through facilities, as allowed with a use permit. As such, the proposed use should be compatible with the intended uses of the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.)
The proposed use is in conformance with the intent of the PV303 PAD, which intends commercial uses within the overall area also encompassing the Property. Regarding persons residing in the area, the PebbleCreek community is located to the southeast of the Property. However, the proposed use will be located close to 700 feet from the nearest residence within PebbleCreek, with other commercial uses, an RV storage area and golf course located between the restaurant and residences. Therefore, as stipulated herein, staff finds the use permit will not have any materially detrimental effects on the surrounding area.
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
The proposed restaurant with drive-through is proposed within an area intended for similar commercial uses, including those uses with drive-through facilities, as allowed with a use permit. As such, the proposed use should be compatible with the intended uses of the surrounding area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.)
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 .83-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 consistent with the overall master design for the area. The drive-through lane provides stacking for six vehicles from the first stopping points.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
The restaurant is proposed to be open seven days a week, 24 hours a day. Given the proposed use’s location within a developing commercial center, and with no adjacent residences to be adversely affected by traffic or noise or light trespass, staff does not recommend any restrictions on hours of operation.
3. Required traffic mitigation measures, if any.
The traffic study for the site was approved by the Engineering Department. Standard improvements to ensure adequate access to public streets will be required. The need for traffic signals at Indian School Road will be determined with the review of the overall site plan improvements, and not with this use permit.
4. 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. However, all proposed improvements will need to be in conformance with the city’s development regulations and design guidelines. Such conformance will be confirmed during the review of the site plan and construction plans for the Property.
The .83-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 consistent with the overall master design for the area. The drive-through lane provides stacking for six vehicles from the first stopping points.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
The restaurant is proposed to be open seven days a week, 24 hours a day. Given the proposed use’s location within a developing commercial center, and with no adjacent residences to be adversely affected by traffic or noise or light trespass, staff does not recommend any restrictions on hours of operation.
3. Required traffic mitigation measures, if any.
The traffic study for the site was approved by the Engineering Department. Standard improvements to ensure adequate access to public streets will be required. The need for traffic signals at Indian School Road will be determined with the review of the overall site plan improvements, and not with this use permit.
4. 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. However, all proposed improvements will need to be in conformance with the city’s development regulations and design guidelines. Such conformance will be confirmed during the review of the site plan and construction plans for the Property.
Fire Department:
Emergency response times and distances are provided below:
| Nearest Goodyear Fire Station | Shortest path | Longest path | 2nd Nearest Goodyear Fire Station | Shortest path | Longest path | ||||
| Mins | Miles | Mins | Miles | Mins | Miles | Mins | Miles | ||
| #185 | 2.90 | 1.45 | 2.90 | 1.45 | #183 | 7.19 | 3.59 | 7.19 | 3.59 |
Public Participation:
In accordance with the City’s Citizen Review Ordinance, a written notice was mailed to all property owners within 500 feet of the subject parcel. To date, staff has not received any inquires as a result of this written notice.
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 March 26, 2021. To date, staff has not received any inquires on this request.