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.

The proposed limited service restaurant is designed to complement the existing uses within, and adjacent to, the subject site and would not unreasonably interfere with the use and enjoyment of nearby properties. The proposed drive-through has been located on the western portion of the building to avoid impacting the adjacent neighborhood and the existing commercial developments surrounding the subject site. Not including the drive-through, the daily operations will be conducted inside the building. The restaurant will have to comply with noise and odor ordinances under the Town of Gilbert Municipal Code.

Pursuant to the above analysis, Staff is of the opinion that the project meets the four findings required for the granting of the modified Conditional Use Permit.

PUBLIC NOTIFICATION AND INPUT An official notice was posted in all the required public places within the Town and neighborhood notice was provided per the requirements of the Land Development Code (LDC) Article 5.205.

Staff has received no comment from the public at this point in time.

PROPOSITION 207 An agreement to “Waive Claims for Diminution in Value” pursuant to A.R.S. § 12-1134 was signed by the landowners of the subject site, in conformance with Section 5.201 of the Town of Gilbert Land Development Code. This waiver is located in the case file.

5 STAFF RECOMMENDTATION Make the Findings of Fact and approve UP18-40, 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 within a Planned Area Development (PAD) overlay, subject to conditions:

1. The Project shall be in substantial conformance with the site plan shown on the Exhibits provided under Attachment No. 4.

Respectfully submitted,

Sydney Bethel Planner II

Attachments and Enclosures:

1) Findings of Fact 2) NOPH 3) Aerial Photo 4) Site Plan (DR18-208) 5) Project Narrative

6 UP19-16 Cooper & Guadalupe Retail II Attachment 1: Findings of Fact May 1, 2019

FINDINGS OF FACT UP19-16, Cooper & Guadalupe Retail II

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;

2. The proposed use conforms with 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;

3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements; and

4. The proposed use, as conditioned, would not unreasonably interfere with the use and enjoyment of nearby properties.

7 UP19-16 Cooper & Guadalupe Retail II Attachment 2: NOPH Notice of Public HeariMayng 1, 2019 PLANNING COMMISSION DATE: Wednesday, May 1, 2019* TIME: 6:00 PM

LOCATION: Gilbert Municipal Center * Call Planning Department to verify date and time: (480) 503-6721 Council Chambers 50 E. Civic Center Drive Gilbert, 85296

* The application is available for public review at the Town of Gilbert Development Services division Monday - Thursday 7 a.m. - 6 p.m. Staff reports are available prior to the meeting at https://www.gilbertaz.gov/departments/development-services/planning/planning-commission

REQUESTED ACTION:

UP18-40 COOPER & GUADALUPE RETAIL: Request to approve a Conditional Use Permit for approx. 1.07 acres located at the northeast corner of Cooper and Guadalupe Roads to allow Vehicle Services, Light in the Neighborhood Commercial (NC) zoning district.

UP19-16 COOPER & GUADALUPE RETAIL II: Request to approve a Conditional Use Permit for approx. 1.07 acres generally located at the northeast corner of Cooper and Guadalupe Roads to allow an Eating and Drinking Establishment (Restaurants, Limited Service) in the Neighborhood Commercial (NC) zoning district.

DR18-208 COOPER & GUADALUPE RETAIL: Site plan, landscaping, grading and drainage, elevations, floor plans, lighting, and colors and materials for approximately 1.07 acres, generally located at the northeast corner of Cooper and Guadalupe Roads, and zoned Neighborhood Commercial (NC) with a Planned Area Development (PAD) overlay.

SITE LOCATION:

T S

E G D O

D

D

R

R SITE

E

P

O

O C

GUADALUPE RD

T T

S S

O O

R R

E E

L L

E E

V V

0 150 300 600 Feet GILBERT ±

APPLICANT Diversified Partners TELEPHONE: (480) 205-9625 CONTACT: Alexandra Schuchter E-MAIL: [email protected] ADDRESS: 7500 E. McDonald Dr., 100A Scottsdale, AZ 85250 UP19-16 Cooper & Guadalupe Retail II Attachment 3: Aerial Photo May 1, 2019

Subject Site UP19-16 Cooper & Guadalupe Retail II Attachment 4: Site Plan (DR18-208) May 1, 2019 UP19-16 Cooper & Guadalupe Retail II Attachment 5: Project Narrative May 1, 2019

April 03, 2019

To: Town of Gilbert Planning Department

Gilbert, Arizona

Arizona Office 2233 East Thomas Road RE: Project Narrative – “Cooper and Guadalupe Retail” Project Phoenix, AZ 85016 740 W Guadalupe Road Gilbert AZ 85233 Office: (602) 955-3900 rkaa.com East of NEC of Cooper Road and Guadalupe Road (Pre-App Review – PPA-2018-00069, Meeting date: 10/1/18) Office PDR-2018-00208 AND PUP-2018-00040 501 North El Camino Real Suite #200 San Clemente, CA 92672 Office: (949) 954-8785

The proposed site is located near the NEC of Cooper Road and Guadalupe Road in Gilbert, Arizona. The subject site is approximately 36,160 SF (0.83 acres) in size and Licensed in: Arizona the Maricopa County Assessor Parcel Number for this Property is #3 10-10-088. The Arkansas zoning of this site is NC (Neighborhood Commercial) with PAD overlay and is currently California vacant. Connecticut Florida Georgia The goal of this project is to develop the site for two pad building for a restaurant use Illinois with drive thru and an auto repair. We are proposing the construction of a two single story buildings with restaurant area approximately 2,415 S.F. and approximately Kansas 2,535 S.F. Auto repair. Total building area proposed is 4,950 S.F. Louisiana Maryland Michigan The request is for a conditional use permit to allow Restaurant Limited Service with Minnesota Mississippi drive thru in the NC (Neighborhood Commercial) zoning district which will allow for the construction of a drive thru and also for a design review. Montana Nebraska The general plan designation for this property is NC (Neighborhood Commercial) and New Hampshire New Jersey the restaurant with drive thru use and auto repair is a permitted use in NC zoning New Mexico with a conditional Use Permit. The auto repair is proposed along the West property New York line with bay door facing east. Th e restaurant building is proposed along east North Dakota property line with drive thru on the west side of the building . The drive thru window Oklahoma is proposed in su ch a way that it is not vis ible from the street. The drive thru lane is Pennsylvania proposed on the north and west side of the building. On the north side it is located behind the proposed building and has a 16 feet wide landscaping buffer and parking South Dakota Tennessee on the south side. On the west side the dri ve thru lane has a landscape buffer parking and driveway. Guadalupe Road is located on the south side of this project and the Utah Virginia drive thru lane is not visible from the street. As per the zoning requirement 2.305.C, West Virginia the drive thru lane is not located within 5 0 feet from any property designated for Wisconsin residential use.

We strongly believe that the proposed use permit application meets the following Principals: four findings of fact: Robert W. Kubicek, AIA Kathleen D. Rieger, VP Steve A. Nosal, VP Neil A. Feaser, AIA, VP

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. 2. The proposed use conforms with the purposes, intent, and policies of the General Plan and its policies and any applicable area, neighborhood, or o ther plan adopted by the Town Council. 3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements; and 4. The proposed use, as conditioned, would n ot unreasonably interfere with the use and enjoyment of nearby properties.

North and east of this parcel is office buildings with zoning NC , West of this parcel is a gas station with NC zoning and Guadalupe road to the south.

We believe the proposed use is consistent with the plans and goals of the town and we look forward to working with the Town of Gilbert.

Regards,

Neil Feaser, AIA RKAA Architects, Inc.