| ITEM #: 9. DATE: 04/27/2026 AI #:2738 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | PUBLIC HEARING TO REVIEW AND AMEND STIPULATION #13 OF USE PERMIT FOR PV10 MCDONALD’S LOCATED AT THE NORTHEAST CORNER OF INDIAN SCHOOL ROAD AND SARIVAL AVENUE |
| STAFF PRESENTER(S): | Ann Dolmage, Principal Planner |
SUMMARY
This is a public hearing for the required review of Stipulation #13 of city of Goodyear Case #P22-300-00005, an approved Use Permit for a McDonald’s drive-through restaurant. The restaurant is located in PV10, a commercial center at the northeast corner of Indian School Road and Sarival Avenue. Stipulation #13 sets forth the hours of operation for the restaurant and requires City Council to conduct a one-year status review of these hours.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Amend Stipulation #13 of the approved Use Permit for PV10 McDonald’s, located at the northeast corner of Indian School Road and Sarival Avenue, to remove the requirement that City Council review the hours of operation and state the hours of operation for PV10 McDonald’s shall be 5:00 AM to 12:00 AM daily. (Ann Dolmage, Principal Planner)
STIPULATIONS
The proposed language for Stipulation #13 of city of Goodyear Case #P22-300-00005 is as follows:
13. Hours of operation shall be from 5:00 AM – 12:00 AM.
Stipulations 1 through 12 for #P22-300-00005 are proposed to remain as approved by City Council on November 14, 2022. These stipulations are in the Planning & Zoning Commission staff report for #P22-300-00005, included as Attachment A.
13. Hours of operation shall be from 5:00 AM – 12:00 AM.
Stipulations 1 through 12 for #P22-300-00005 are proposed to remain as approved by City Council on November 14, 2022. These stipulations are in the Planning & Zoning Commission staff report for #P22-300-00005, included as Attachment A.
FISCAL IMPACT
This McDonald’s was constructed under a previously approved Use Permit and is in full operation as of the date of this report. Extensions in the hours of operation could result in increased food sales, which in turn would generate increased sales tax revenue for the city of Goodyear. The city’s current restaurant tax rate is 4%; therefore, every additional $1,000 in food sales would result in approximately $40 of additional tax revenue. Conversely, a reduction in the hours of operation could result in decreased food sales, with a corresponding decrease in sales tax revenue.
BACKGROUND AND PREVIOUS ACTIONS
On October 12, 2022, the Planning & Zoning Commission held a public hearing for Use Permit #P22-300-00005, for a drive-through restaurant in PV10, a commercial center at the northeast corner of Indian School Road and Sarival Avenue. The original Use Permit request indicated that the restaurant would operate twenty-four (24) hours per day. Six (6) residents spoke in opposition to the project at the hearing, while two (2) additional residents provided speaker cards (one in opposition and one in support) but did not speak. The appropriateness of the proposed 24-hour schedule at this location was one topic of interest amongst speakers who opposed the project. The Planning & Zoning Commission voted 4-1, with two (2) Commissioners absent, to recommend approval of the Use Permit to City Council with the addition of a stipulation restricting the hours of operation to 5 AM to 10 PM daily; these hours were selected to align with the anticipated operating hours of the adjacent proposed self-storage facility. That self-storage facility’s Use Permit was considered by the Planning & Zoning Commission on the same evening and approved by both the Commission and City Council, but the approval has since expired because the project was never constructed.
On November 14, 2022, City Council held a public hearing for the Use Permit. Six (6) residents spoke in opposition to the project. After a discussion about hours of operation, Council voted 7-0 to approve the Use Permit with the following language for Stipulation #13:
“Hours of operation shall be from 5 AM – 12 AM with a 1-year status review at a public hearing before the City Council to re-evaluate the hours of operation. The 1-year time limit shall commence from the issuance of a certificate of occupancy for McDonald’s by the City of Goodyear Development Services Department.”
The PV10 McDonald’s received a certificate of occupancy on May 9, 2025. Since nearly a full year has passed since that issuance, per Stipulation 13, Council review of this stipulation is required.
On November 14, 2022, City Council held a public hearing for the Use Permit. Six (6) residents spoke in opposition to the project. After a discussion about hours of operation, Council voted 7-0 to approve the Use Permit with the following language for Stipulation #13:
“Hours of operation shall be from 5 AM – 12 AM with a 1-year status review at a public hearing before the City Council to re-evaluate the hours of operation. The 1-year time limit shall commence from the issuance of a certificate of occupancy for McDonald’s by the City of Goodyear Development Services Department.”
The PV10 McDonald’s received a certificate of occupancy on May 9, 2025. Since nearly a full year has passed since that issuance, per Stipulation 13, Council review of this stipulation is required.
STAFF ANALYSIS
To date, no complaints have been filed with the Code Compliance Division regarding the hours of operation of PV10 McDonald’s.
Aside from the PV10 McDonald’s location, there are five (5) additional McDonald’s restaurants with drive-through service within the city of Goodyear. Hours of operation for each McDonald’s location are shown in the table below. While dining room hours are consistent across all five locations, drive-through hours are more variable and correlate to the location’s proximity to Interstate-10 (Papago Freeway) and other major transportation corridors, as well as the intensity of surrounding commercial development.
The Pueblo Verde McDonald’s located at the southeast corner of Sarival Avenue & Yuma Road, is comparable to the PV10 McDonald’s location because of its proximity to the single-family residential development of Pueblo Verde. The nearest residence to the Pueblo Verde McDonald’s is approximately 210 feet to the south, while at the PV10 McDonald’s the closest residence is approximately 370 feet to the east. The Pueblo Verde McDonald’s operates its dining room and drive-through from 5 AM to 12 AM, which is consistent with the hours authorized in its Use Permit and the city has not received any complaints related to business hours at that location.
An alternative citizen review was conducted for this item, as allowed per Article 1-3-8-E of the Zoning Ordinance. The alternative citizen review consisted of mailing notification postcards on March 13, 2026, to all property owners within five hundred and fifty (550) feet of the Project. Sixty-two (62) property owners were mailed a postcard and invited to review the project and provide comments. The property owners notified included owners of nearby commercial and industrial properties, residential properties, and homeowner associations for Palm Valley Phase V and PebbleCreek Golf Resort. No comments were received in response to this postcard mailing.
Notices for the public hearing before City Council included a notice mailed to sixty-two (62) surrounding property owners on April 3, 2026; a sign posted on the Property on April 10, 2026; and a legal notice published in the Arizona Business Gazette- Republic Edition on April 10, 2026. As of the writing of this report, staff have received no inquiries about the project.
Based on the information above, staff recommend amending Stipulation #13 to allow the PV10 McDonald’s to continue operating daily from 5 AM to 12 AM and to remove the requirement for a one-year status review. This change would maintain the restaurant’s current operating conditions while eliminating future uncertainty regarding the status of its hours of operation.
Aside from the PV10 McDonald’s location, there are five (5) additional McDonald’s restaurants with drive-through service within the city of Goodyear. Hours of operation for each McDonald’s location are shown in the table below. While dining room hours are consistent across all five locations, drive-through hours are more variable and correlate to the location’s proximity to Interstate-10 (Papago Freeway) and other major transportation corridors, as well as the intensity of surrounding commercial development.
| Location | Dining room hours per McDonald’s website | Drive-through hours per McDonald’s website |
| Canyon Trails (Estrella Parkway) | 5 AM to 11 PM | 24 hours |
| Dysart Road & I-10 | 5 AM to 11 PM | 24 hours |
| Litchfield Road & McDowell Road | 5 AM to 11 PM | 3 AM to 1 AM or 2 AM |
| Pueblo Verde (Sarival Avenue & Yuma Road) | 5 AM to 12 AM | 5 AM to 12 AM |
| Mountain Ranch Marketplace (Estrella Parkway & Elliot Road) | 5 AM to 12 AM | 5 AM to 12 AM |
The Pueblo Verde McDonald’s located at the southeast corner of Sarival Avenue & Yuma Road, is comparable to the PV10 McDonald’s location because of its proximity to the single-family residential development of Pueblo Verde. The nearest residence to the Pueblo Verde McDonald’s is approximately 210 feet to the south, while at the PV10 McDonald’s the closest residence is approximately 370 feet to the east. The Pueblo Verde McDonald’s operates its dining room and drive-through from 5 AM to 12 AM, which is consistent with the hours authorized in its Use Permit and the city has not received any complaints related to business hours at that location.
An alternative citizen review was conducted for this item, as allowed per Article 1-3-8-E of the Zoning Ordinance. The alternative citizen review consisted of mailing notification postcards on March 13, 2026, to all property owners within five hundred and fifty (550) feet of the Project. Sixty-two (62) property owners were mailed a postcard and invited to review the project and provide comments. The property owners notified included owners of nearby commercial and industrial properties, residential properties, and homeowner associations for Palm Valley Phase V and PebbleCreek Golf Resort. No comments were received in response to this postcard mailing.
Notices for the public hearing before City Council included a notice mailed to sixty-two (62) surrounding property owners on April 3, 2026; a sign posted on the Property on April 10, 2026; and a legal notice published in the Arizona Business Gazette- Republic Edition on April 10, 2026. As of the writing of this report, staff have received no inquiries about the project.
Based on the information above, staff recommend amending Stipulation #13 to allow the PV10 McDonald’s to continue operating daily from 5 AM to 12 AM and to remove the requirement for a one-year status review. This change would maintain the restaurant’s current operating conditions while eliminating future uncertainty regarding the status of its hours of operation.