Joshua Oehler, Arc One Associates

A request for use permit for a convenience use (Bikini Beans drive-through coffee shop) proposed on a 1.1-acre parcel within the Cobblestone Creek commercial center located at the northwest corner of Pebblecreek Parkway and McDowell Road. The commercial center is located within the Palm Valley Phase VIII Planned Area Development (PAD).

Approve the request for a use permit for a convenience use (Bikini Beans drive-through coffee shop) on a 1.1-acre parcel in the Cobblestone Creek commercial center located at the northwest corner of Pebblecreek Parkway and McDowell Road within the Palm Valley Phase VIII PAD, subject to stipulations. (Steve Careccia, Interim Planning Manager)

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 window 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. In no instance shall queued vehicles obstruct designated fire lanes or public streets. Any observed obstruction by city staff shall be immediately remediated by the owner/operator and owner/operator shall prepare a traffic management plan to prevent future obstructions, which shall be completed and submitted to the Fire Chief and Director of Engineering or their respective designees within 30 days of city staff’s observation of the obstruction of the fire lanes and/or public streets. Said plan shall require approval from the Fire Chief and Engineering Director, or designees. The failure to comply with the requirements set forth herein can result in the termination of this use permit if the approved traffic management plan required herein is not in place and implemented in a timely fashion following city staff’s observations of obstructions to designated fire lanes and/or public streets;

4. Three-foot high masonry screen walls, designed to match the existing screen walls within the Cobblestone Creek commercial center, shall be installed along the drive-through lane, at the locations shown on the preliminary site plan attached hereto;

5. Existing plant material and trees shall be protected in place, 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;

6. The development of the Property shall be in substantial conformance with the conceptual building elevations attached hereto and shall comply with the Cobblestone Creek Design Guidelines that were approved for the center on April 2, 2007;

7. No fixed, permanent exterior ladder for roof access shall be permitted;

8. If provided, outdoor music shall not be audible at any residential property line;

9. No signage is approved as part of this use permit. All signage proposed on the Property shall require separate submittal and review of sign permits, and shall comply with the Comprehensive Sign Package approved for the Cobblestone Creek Center as it may be amended; and,

10. If menu boards are installed in the future, then a minimum stacking distance of five cars shall be provided from the menu boards to the entrance of the drive-thru lanes.

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 VIII of the Palm Valley PAD. The PAD zoning for Palm Valley Phase VIII was approved on May 9, 2005. Pursuant to the PAD, mixed-use commercial uses are permitted on the Property.

The Property is part of a commercial center known as Cobblestone Creek. Design guidelines and a comprehensive sign package (Case No. 06-950-00001) for the center were approved on April 2, 2007. A master site plan (Case No. 07-600-00019) for the center was approved on October 29, 2007.

The Property is currently undeveloped. However, the off-site and most on-site improvements have been completed for this commercial center.

The Planning and Zoning Commission considered this item at their regular meeting of January 12, 2022. The Commission voted 5-1 to forward a recommendation of approval to the City Council.

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 (Bikini Beans drive-through coffee shop) on a 1.1-acre parcel within the Palm Valley Phase VIII 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 Bikini Beans drive-through coffee shop. As shown on the preliminary site plan submitted with the use permit, the restaurant will consist of a single-story, 830 square-foot building. Beverages (coffee and energy drinks) and pre-packaged food products may be obtained from the drive-through window or walk-up window. A 760 square-foot outdoor seating area will be provided. There is no indoor dining. Remote ordering is not offered at this time.

As noted in the project narrative, the site will include a double lane drive-through. Customers will enter the drive-through lane and place their order at the drive-through window. Beverages and food products will be picked-up and paid for at that same window.

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 center.

As shown on the conceptual building elevations submitted with the use permit, the building design will utilize the materials and colors approved for the Cobblestone Creek center. 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;

As described in the materials provided with the use permit, the proposed use should not generate excessive 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 Property and should not detrimentally affect surrounding properties or public streets. Vehicular queuing space has been provided in excess of city standards.

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

The proposed use is located within a commercial center intended for similar commercial uses, including those uses with drive-through facilities (as allowed with a use permit). Surrounding development includes a Walgreens Pharmacy along with several other drive-through restaurants and vehicle repair/service facilities. Furthermore, the proposed use is located within a commercial corridor and within close proximity to a freeway interchange. As such, the proposed use will be compatible with the existing uses in the surrounding commercial area in terms of hours of operation, traffic generation, and intensity (noise, light, etc.). The nearest residential development (±600 feet) is located to the west, within Palm Valley Phase VIII. Given this large separation, there should be no adverse effects from the operation of the proposed use on these residential properties.

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 1.1-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 site plan. Queuing space for the drive-through exceeds city 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.

Hours of operation are intended to be from 5 AM to 10 PM, Monday through Friday and 7 AM to 10 PM Saturday and Sunday. Given the proposed use’s location within a developed commercial center, and with no adjacent residential uses, staff does not recommend any restrictions on hours of operation.

3. Required traffic mitigation measures, if any.

A traffic study was submitted with the application for use permit. The study indicated the proposed coffee shop would generate traffic similar to a small chain rather than a larger regional or national chain. As such, the study concluded that the use was not expected to create queues that would obstruct internal drive aisles during peak hours. The traffic study for the site was approved by the Engineering Department.

Off-site street and access improvements adjacent to the commercial center have been completed. A majority of the center’s internal improvements for circulation have also been completed.

Ingress/egress is provided from Pebblecreek Parkway and McDowell Road. Both full turning movements at signalized intersections and right-in/right-out turning movements are provided to each roadway.

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	3.44	1.72	3.44	1.72		#181	5.55	2.77	5.55	2.77

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; a sign posted on the property; and a legal notice published in the Arizona Republic, Southwest Edition.

The Planning and Zoning Commission considered this item at their regular meeting of January 12, 2022. Upon conclusion of the staff presentation, a Commissioner inquired on the specific user for the site. Staff responded that the user was intended to be a Bikini Beans Coffee Shop. A Commissioner also inquired if the screen wall along PebbleCreek Parkway was adequate to screen the headlights of parked vehicles. Staff responded in the affirmative. The Commission then voted (5-1) to forward a recommendation of approval to the City Council. Commissioner Molony voted nay but did not provide a reason for her vote during the Commission’s deliberations. There was no public opposition to the item voiced at the hearing.