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Planning Commission Staff Report 17 Planning Commission Staff Report TO: PLANNING COMMISSION FROM: SYDNEY BETHEL, PLANNER II (480) 503-6721, [email protected] THROUGH: AMY TEMES, INTERIM PRINCIPAL PLANNER (480) 503-6729, [email protected] MEETING DATE: MAY 1, 2019 SUBJECT: UP19-16, COOPER & GUADALUPE RETAIL II: A CONDITIONAL USE PERMIT FOR APPROX. 1.07 ACRES LOCATED AT THE NORTHEAST CORNER OF COOPER AND GUADALUPE ROADS TO ALLOW ARESTAURANT, LIMITED SERVICE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT WITH A PLANNED AREA DEVELOPMENT (PAD) OVERLAY. STRATEGIC INITIATIVE: Economic Development Attract and retain businesses that serve the local community. RECOMMENDED MOTION Make the Findings of Fact and approve UP19-16, Cooper & Guadalupe Retail: a Conditional Use Permit for approx. 1.07 acres located at the northeast corner of Cooper and Guadalupe Roads to allow a Restaurant, Limited Service in the Neighborhood Commercial (NC) zoning district with a Planned Area Development (PAD) overlay. APPLICANT/OWNER Company: Diversified Partners Company: Diversified Partners Name: Alexandra Schuchter Name: Walt Brown Jr. Address: 7500 E. McDonald Dr., Ste. 100A Address: 7500 E. McDonald Dr. Scottsdale, AZ 85250 Ste. 100A Scottsdale, AZ 85250 Phone: (480) 205-9625 Phone: (480) 947-8800 1 Email: [email protected] Email: [email protected] BACKGROUND/DISCUSSION History Date Description July 25, 1995 Town Council approved Z95-16, adopting Ordinance No. 941, establishing the RCC zoning equivalent to C-1 zoning for the subject site. November 9, 1995 Design Review Board approved DR95-47 for an ARCO gas station and convenience store located just west of the subject site. July 10, 2002 Planning Commission approved UP02-04, a Use Permit for a drive- through facility for a Jack-in-the-Box restaurant on the subject site. July 11, 2002 Design Review Board approved DR02-33 for a Jack-in-the-Box restaurant on the subject site. May 12, 2005 Design Review Board approved DR05-01 Casa de Cooper Offices and Retail Buildings located to the south and east of the subject site. October 11, 2007 Design Review Board approved DR07-86 for the Human Bean at Casa De Cooper Retail Center on the subject site. February 6, 2019 Planning Commission reviewed DR18-208 and UP18-40 for Cooper & Guadalupe Retail as a Study Session item. Overview The subject site is approximately 1.07 acres located on a vacant lot positioned within an existing shopping center at the northeast corner of Cooper and Guadalupe Roads in the Neighborhood Commercial (NC) zoning district with a Planned Area Development (PAD) overlay. There are two (2) proposed buildings on the subject site: Pad-A, a 2,415 square foot (sf) limited service restaurant with a drive-through and Pad-B, a 2,535 sf automobile repair shop. The applicant is requesting a Conditional Use Permit (CUP) to allow a Restaurant, Limited Service in the Neighborhood Commercial (NC) zoning district to operate a fast-casual dining establishment with a drive-through. A separate Design Review (DR18-208) application has been submitted for the site plan and building design and an additional CUP (UP18-40) application has been submitted for Pad-B, to allow Vehicle Services, Light in the NC zoning district. All three (3) submitted projects for the site are being reviewed concurrently. Surrounding Land Use & Zoning Designations: Existing Land Use Existing Zoning Existing Use Classification North Neighborhood Neighborhood Retail Shops Commercial (NC) Commercial (NC) with PAD overlay South Light Industrial (LI) Light Industrial (LI) Guadalupe Road then Bushtex Inc. 2 East Neighborhood Neighborhood Retail Shops Commercial (NC) Commercial (NC) with PAD overlay West Neighborhood Neighborhood ARCO Gas Station Commercial (NC) Commercial (NC) with PAD overlay Site Neighborhood Neighborhood Vacant lot Commercial (NC) Commercial (NC) with PAD overlay Project Data Table Site Development Required per LDC and Proposed Regulations Ordinance No. 941 Maximum Size of Use or User 25,000 sq. ft. 2,415 sf (Pad-A) (sq. ft.) 2,535 sf (Pad-B) Maximum Height (ft.)/Stories 25’/ 1 Story 24’/ 1 Story Separation Between Buildings (ft.) Single-Story 10’ 10’ Minimum Building Setbacks (ft.) Front 20’ 20’ Side (nonresidential) 10’ 0’ internal* Rear (nonresidential) 15’ 0’ internal* Minimum Required Perimeter Landscape Area (ft.) Front 20’ 20’ Side (nonresidential) 10’ 0’ internal* Rear (nonresidential) 15’ 0’ internal* Landscaping (% of net lot 15% 29% area) Parking 44 Spaces Total 50 Spaces Total * may be reduced internal to site in conformance with LDC Section 2.304.E. DISCUSSION The proposed restaurant is located on the eastern portion of the subject site, adjacent to existing retail shops. The proposed building, Pad-A, is approximately 2,415 sf with a drive-through located on the western side. The drive-through will be accessed from the shared drive aisle on the eastern portion of the shopping center and exit onto the southern drive aisle. The larger site has two (2) access points on Guadalupe Road. Although no specific tenant has been identified, the building has been designed to attract a fast- food establishment. The Land Development Code (LDC) Article 6.1 Use Definitions provides the following description: 3 Restaurants, Limited Service. Eating and Drinking Establishments providing food prepared on-site, sold to patrons who pay before eating. Food and beverages may be consumed on the premises, taken out, or delivered. No table service is provided. This classification includes cafeterias, cafes, fast-food outlets, pizzerias, and snack bars. Per LDC Section 2.306.A, the hours of operation for any business within the NC zoning district are limited to between 6:00 a.m. and 11:00 p.m. FINDINGS The Planning Commission is required to make four findings in order to approve a Conditional Use Permit. The findings are listed here, along with the reasons the findings are or are not met in this case. These findings are: 1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general. The subject site is directly bounded by Neighborhood Commercial (NC) zoned land and then by General Commercial (GC) zoned land to the west across Cooper Road and Light Industrial (LI) zoned land to the south across Guadalupe Road. Existing nearby uses include retail, office, gas station/ convenience store, automobile repair, plant nursery and single family residential. To the north and east of the site is the Silverhawke residential subdivision which contains single family residential homes. The homes closest to the proposed development, located north of the subject site, are approximately 164’ away from the proposed restaurant and the homes to the east are approximately 178’ away from the east building elevation. The homes to both the north and east are buffered by existing retail buildings; however, the homes to the northeast of the subject site are not buffered by existing buildings. Although no buildings are present in this area, the area includes parking, refuse enclosures, a parking canopy and mature landscaping and is approximately 171’ from the subject site creating a generous buffer from the proposed development and existing residential. The perimeter walls of the Silverhawke residential subdivision are approximately 6’ in height which is 2’ lower that what is required by the LDC to separate commercial and residential. This lower perimeter wall is a common feature seen within subdivisions built within the 80s and 90s and was not modified when the original commercial was implemented on the greater site area in 2005. The limits to the hours of operation will help to minimize any potential noise. The facility must also operate within the Town of Gilbert’s Municipal Code regarding nuisances such as noise and odor. 2. The proposed use conforms to the purposes, intent, and policies of the General Plan and its policies and any applicable area, neighborhood, or other plan adopted by the Town Council. The subject site is located on the last remaining vacant lot within an existing commercial center. This site has laid vacant for a number of years as the rest of the center has continued to develop. 4 Infill developments provide a number of unique issues for the applicant as they try to complement the existing surrounding developments while also creating a development that satisfies their needs and expectations. Policy 1.8 from the General Plan encourages infill development and states as follows, “promote revitalization of under-utilized industrial and commercial properties”. The subject site is a perfect example of a prime commercial pad that has laid vacant for years and will, when developed, provide a use that will offer a beneficial service for the community. 3. The proposed use conforms to the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements. The subject site has previously had two (2) different restaurants with a drive-through approved. The first being a Jack-in-the-Box (DR02-33) which also required a CUP (UP02-33) and the second being Human Bean Coffee (DR07-86) which was a small coffee shop with a drive- through. Both projects were similar requests to the current request. The proposed project complies with the approved PAD through Ordinance No. 941 and the Land Development Code standards for the Neighborhood Commercial zoning district. As depicted in the Project Data Table, the proposed project meets all minimum development standards. The use must adhere to any nuisance laws under the Municipal Code such as, but not limited to, noise and odors. Applicable business and state licenses for operating this facility will be required prior to permitting. 4. The proposed use, as conditioned, would not unreasonably interfere with the use and enjoyment of nearby properties.
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