| AGENDA ITEM #:22-300-00001 DATE: July 6, 2022 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | USE PERMIT FOR A CONVENIENCE USE (FREDDY’S FROZEN CUSTARD AND STEAKBURGERS RESTAURANT WITH DRIVE-THRU) |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Assistant Planner |
OTHER PRESENTER(S):
Joe Murray, JCM Design Group
SUMMARY:
This is a Public Hearing for a use permit for a convenience use (Freddy’s Frozen Custard and Steakburgers drive-through restaurant) proposed on an approximately .86-acre parcel within the Canyon Trails Towne Center located at the northeast corner of Yuma Road and Cotton Lane. The center is zoned PAD (Planned Area Development) and is designated for commercial uses.
RECOMMENDATION:
- Conduct a public hearing to consider a request for a use permit for a convenience use (Freddy’s Frozen Custard and Steakburgers drive-through restaurant) on an approximately .86-acre parcel within the Canyon Trails Towne Center located at the northeast corner of Yuma Road and Cotton Lane.
- Recommend approval of the request for a use permit for a convenience use (Freddy’s Frozen Custard and Steakburgers drive-through restaurant) on an approximately .86-acre parcel within the Canyon Trails Towne Center zoned PAD/Commercial, subject to stipulations. (Guadalupe Ortiz Cortez, Assistant Planner)
STIPULATIONS:
- 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;
- Except as provided herein, 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. If the owner wants to reconfigure the site and the proposed site plan is not substantial conformation with the preliminary site plan, the future proposed site plan shall comply with the requirements of Section 4-2-18 of the Goodyear Zoning Ordinance.
- In no instance shall queued vehicles designated fire lanes, parking stalls, public streets, impede emergency access, interfere with the movement of traffic (on or off-site) or interfere with the movement of pedestrians (on or off-site).
- Three-foot high masonry screen walls, designed to match the existing screen walls within the Canyon Trails Towne Center commercial center, shall be installed along the drive-through lane, at the locations shown on the preliminary site plan attached hereto;
- The buildings located on the Property shall be in substantial conformance with the conceptual building elevations attached hereto; and
- 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 Canyon Trails Towne Center, as it may be amended.
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 Property is a part of the Canyon Trails Towne Center PAD. The center consists of 91 acres designated for commercial use located at the northeast corner of Cotton Lane and Yuma Road. The Canyon Trails Towne Center PAD was approved by the City Council on May 16, 2005, with the adoption of Ordinance No. 05-942.
The Property is Lot 7 of the final plat of the Canyon Trails Towne Center (2007-0858797). The final plat was approved by the City Council on July 9, 2007.
The Property is Lot 7 of the final plat of the Canyon Trails Towne Center (2007-0858797). The final plat was approved by the City Council on July 9, 2007.
STAFF ANALYSIS
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.
City Council approved a Zoning Ordinance Text Amendment for drive-thru restaurants at their regular meeting on June 27, 2022 (AI# 936). The text amendment becomes effective 30 days after the approval on June 27, 2022. Because this project proposal was submitted and reviewed prior to the text amendment approval, the text amendment does not apply to this use permit unless the owner fails to develop the property in substantial compliance with the preliminary site plan attached hereto. If the owner substantially revises the site plan, rather than requiring the owner to amend the use permit, the owner will be required to develop the property in compliance with the standards and requirements set forth in the newly adopted section 4-2-18 (Drive-Through Restaurants)of the Goodyear Zoning Ordinance.
Details of the Request:
The applicant is requesting a use permit for a convenience use (Freddy’s Frozen Custard and Steakburgers drive-through restaurant) on an approximately .86-acre parcel within the Canyon Trails Towne Center commercial center. 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 Freddy’s Frozen Custard and Steakburgers with a drive-though. As shown on the preliminary site plan submitted with the use permit, the restaurant will consist of a single-story 3,190 square-foot building and outdoor seating. Indoor dining and drive-through service options will be provided for customers.
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 Canyon Trails Towne 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 conformance with 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 various retail and service uses along with several other drive-through restaurants. Furthermore, the proposed use is located within a large commercial center and within close proximity to a future freeway corridor. As such, the proposed use will be compatible with the existing and planned uses in the surrounding 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, Canyon Trails. Given this large separation, there should be no adverse effects from the operation of the proposed convenience 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 approximately .86-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 is in conformance with city standards and, pursuant to the traffic study, can be accommodated onsite without adversely impacting any public streets or adjacent land uses. Nevertheless, a stipulation addressing queuing and traffic management is proposed with this use permit.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
Hours of operation are intended to be from 9:00 AM to 11:00 PM, seven days a week. 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 concluded that the use was not expected to create queues that would obstruct major internal drive aisles or public roadways. The traffic study for the site has been approved by the Engineering Department.
Off-site street and access improvements adjacent to the commercial center have been completed to an interim condition until the freeway is ultimately constructed. The center’s internal improvements related to circulation and parking have also been completed.
Ingress/egress is provided from Canyon Trails Boulevard, Cotton Lane, and Yuma Road. Both full turning movements at signalized intersections and right-in/right-out turning movements are provided to the commercial center.
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:
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.
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.
City Council approved a Zoning Ordinance Text Amendment for drive-thru restaurants at their regular meeting on June 27, 2022 (AI# 936). The text amendment becomes effective 30 days after the approval on June 27, 2022. Because this project proposal was submitted and reviewed prior to the text amendment approval, the text amendment does not apply to this use permit unless the owner fails to develop the property in substantial compliance with the preliminary site plan attached hereto. If the owner substantially revises the site plan, rather than requiring the owner to amend the use permit, the owner will be required to develop the property in compliance with the standards and requirements set forth in the newly adopted section 4-2-18 (Drive-Through Restaurants)of the Goodyear Zoning Ordinance.
Details of the Request:
The applicant is requesting a use permit for a convenience use (Freddy’s Frozen Custard and Steakburgers drive-through restaurant) on an approximately .86-acre parcel within the Canyon Trails Towne Center commercial center. 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 Freddy’s Frozen Custard and Steakburgers with a drive-though. As shown on the preliminary site plan submitted with the use permit, the restaurant will consist of a single-story 3,190 square-foot building and outdoor seating. Indoor dining and drive-through service options will be provided for customers.
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 Canyon Trails Towne 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 conformance with 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 various retail and service uses along with several other drive-through restaurants. Furthermore, the proposed use is located within a large commercial center and within close proximity to a future freeway corridor. As such, the proposed use will be compatible with the existing and planned uses in the surrounding 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, Canyon Trails. Given this large separation, there should be no adverse effects from the operation of the proposed convenience 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 approximately .86-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 is in conformance with city standards and, pursuant to the traffic study, can be accommodated onsite without adversely impacting any public streets or adjacent land uses. Nevertheless, a stipulation addressing queuing and traffic management is proposed with this use permit.
2. Compatibility of the proposed hours of operation with adjacent residential areas.
Hours of operation are intended to be from 9:00 AM to 11:00 PM, seven days a week. 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 concluded that the use was not expected to create queues that would obstruct major internal drive aisles or public roadways. The traffic study for the site has been approved by the Engineering Department.
Off-site street and access improvements adjacent to the commercial center have been completed to an interim condition until the freeway is ultimately constructed. The center’s internal improvements related to circulation and parking have also been completed.
Ingress/egress is provided from Canyon Trails Boulevard, Cotton Lane, and Yuma Road. Both full turning movements at signalized intersections and right-in/right-out turning movements are provided to the commercial center.
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 | |||
| #184 | 2.63 | 1.31 | 2.63 | 1.31 | #181 | 8.75 | 4.38 | 8.75 | 4.38 | |
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.