Chuck Bennett, PM Design

A request for use permit for a convenience use (Raising Cane’s restaurant with drive-through) generally located at the northwest corner of Dysart Road and I-10 within the Palm Valley Cornerstone commercial center.

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 lanes and pick-up windows and resultant traffic patterns shall be developed in substantial conformance with the preliminary site plan 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 preliminary site plan attached hereto;

3. Three-foot high masonry screen walls, designed to match the existing screen walls within the Palm Valley Cornerstone commercial center, shall be installed along the drive-through lane and Dysart Road, at the locations shown on the preliminary site plan, attached hereto;

4. Existing plant material and trees shall be protected in place, unless designated for removal, as shown on the preliminary landscape plan, attached hereto. Any existing plant material or trees that do not survive shall be replanted with like species and size, within 30 days of notice provided by the city;

5. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto; and,

6. No signage is approved as part of this use permit. All signage proposed on the Property, including the preview/menu boards and the ‘One’ graphic shown on the conceptual building elevations and preliminary site plan, attached hereto, shall require separate submittal and review of sign permits.

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 Property is located within Phase I of the Palm Valley PAD. The original zoning for Palm Valley Phase I was approved in 1989. 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 currently developed with an existing building, parking spaces and other associated site improvements. The building was formerly operated by Mimi’s Café restaurant. The building will be demolished to accommodate the new user.

Current Policy:

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.

Details of the Request:

The applicant is requesting a use permit for a convenience use (Raising Cane’s restaurant with drive-through) on a 1.68-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 convenience use will be a Raising Cane’s restaurant with drive-through. As shown on the preliminary site plan submitted with the use permit, the restaurant will consist of a single story, 3,766 square-foot building. Indoor dining, outdoor seating areas and a drive-through component will be provided. Mobile curbside pickup will also be provided, with at least two parking spaces reserved for these customers.

As noted in the project narrative, the site will include a double lane drive-through with provision of a third bypass lane. Customers will enter the drive-through lane and place their order at the menu board. They will then pay at the first of two drive-through windows. Food products will be picked up at the second window. As further noted, at peak times, staff members may take orders outside under a provided canopy and deliver food to customers directed to the bypass lane.

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:

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;
 
2. The proposed use is reasonably compatible with uses permitted in the surrounding area;
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.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
3. Required traffic mitigation measures, if any.
Ingress/egress is provided from Dysart Road (right in/right out) and Cornerstone Boulevard (full turning). A traffic signal is located at the intersection of Dysart Road and Cornerstone Boulevard/Rancho Santa Fe Boulevard. Cross access agreements exist for the commercial center.

4. Other concerns, which may place the advisability of the proposed convenience use in question.
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
#181	4.69	2.34	4.69	2.34		#183	5.25	2.62	5.25	2.62

Public Participation:
In accordance with the city’s Citizen Review Ordinance, a notice was sent to all property owners within 500 feet of the Property. To date, staff has not received any inquiries on the project.

Notice for the public hearings before the Planning and Zoning Commission and City Council included the following: a notice mailed to surrounding property owners, city of Avondale, Luke AFB and the Phoenix-Goodyear Airport; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition, on November 12, 2021.