Mike Hills, PHNX Design

A request for use permit for a convenience use (restaurant with drive-through) within the Pebble Creek Marketplace Planned Area Development (PAD) located at the southwest corner of PebbleCreek Parkway and McDowell Road.

Approve a request for a use permit for a convenience use (restaurant with drive-through) on a 1.9-acre parcel within the Pebble Creek Marketplace Planned Area Development, subject to stipulations. (Steve Careccia, Principal Planner)

1. 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;
2. 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 may require an amendment to the use permit as determined by the Development Services Director or designee; and,
3. 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.

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.

The 1.9-acre subject property is located within the Pebble Creek Marketplace PAD. This commercial PAD was approved on March 26, 2007 with the adoption of Ordinance No. 2007-1061. The PAD was subsequently amended on November 17, 2014 with the adoption of Ordinance No. 14-1314. This amendment was to facilitate the development of a WinCo Foods.

A preliminary plat encompassing the subject property was approved by the City Council on September 14, 2015. The subsequent final plat for Pebble Creek Marketplace was approved on August 20, 2018. The subject property is Lot 6 of the final plat.

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 1.9-acre parcel within the Pebble Creek Marketplace 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 restaurant with drive-through. As shown on the conceptual site plan submitted with the use permit, the restaurant will be located within a portion of a 10,914 square-foot building proposed on Lot 6. The configuration of the drive-through lane has customers entering from the west and accessing the pick-up window on the west side of the building. Customers will then exit and have the opportunity to travel back into the center or go east to the primary ingress/egress point for the center. The drive-through lane provides queuing in conformance with city standards. Parking for the proposed convenience use will be provided onsite in conformance with city standards.

The design of the building was previously approved with the adoption of the design guidelines for the Pebble Creek Marketplace. However, modifications to the building and surrounding hardscape are proposed to accommodate the new drive-through restaurant. These modifications include the construction of required drive-through screen walls, an enhanced portico over the drive-through window, and the creation of a new pedestrian plaza. The proposed modifications appear to be in conformance with both the design guidelines for the Pebble Creek Marketplace and city.

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 Pebble Creek Marketplace PAD, which intends commercial uses within the overall area also encompassing the Property. Regarding persons residing in the area, portions of the Palm Valley community are located to the northwest of the Property. However, the proposed use will be located nearly 300 feet from the nearest residence within Palm Valley, with an irrigation canal, McDowell Road and landscape tracts separating the neighborhood from the proposed convenience use. 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 use will be located in 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 1.9-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 at least six vehicles from the first stopping point.
 

2. Compatibility of the proposed hours of operation with adjacent residential areas.

The end user of the restaurant is unknown at this time. However, given the proposed use’s location within a developing commercial center, and with no adjacent single family 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. Street and access improvements have been completed for the Pebble Creek Marketplace. A full median break and traffic signal exists at the center’s primary entrance with McDowell Road.
 

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.

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
#185	3.79	1.89	3.96	1.98		#184/181	5.71	2.86	6.42	3.21

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 June 18, 2021. To date, staff has not received any inquires on this request.

The Planning and Zoning Commission considered this item at a public hearing held on July 7, 2021. The Commission unanimously voted (6-0) to forward a recommendation of approval to the City Council. There was no public opposition voiced on this item.