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  Item # 1.       
Town Council Regular Session
Meeting Date: 07/06/2016  
Requested by: Bayer Vella
Submitted By: Robert Kirschmann, Development Infrastructure Services
Department: Community Development & Public Works  

Information
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A PROPOSED FREDDY'S STEAKBURGER RESTAURANT, LOCATED AT 11143 N. ORACLE ROAD
  1. CONDITIONAL USE PERMIT FOR A PROPOSED DRIVE THROUGH RESTAURANT
  2. CONCEPTUAL SITE PLAN AND LANDSCAPE PLAN 
  3. CONCEPTUAL ARCHITECTURE
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the Conditional Use Permit, subject to the conditions in Attachment 1a.

The Conceptual Design Review Board recommends approval of the Conceptual Site Plan, Landscape Plan and Architecture subject to the condition in Attachment 1b.
EXECUTIVE SUMMARY:
The purpose of this request is to consider a Freddy’s Steakburger restaurant within the Steam Pump Village shopping center, located at 11143 N. Oracle Road (Attachment 2). The application involves three (3) requests:
  • Conditional Use Permit
  • Conceptual Site Plan and Landscape Plan
  • Conceptual Architecture
One of the foremost objectives in the review of the request was to ensure the proposed drive-through would not negatively impact traffic circulation in the center. The focus has been to work with all parties to improve traffic circulation. As a result, the applicant will construct a new central driveway, significantly improving overall circulation in the center.
 
The project consists of an approximate 3,500 square foot restaurant, drive-through lane, outdoor patio, landscaping and customer parking. The applicant’s proposal is included as Attachment 3.

The Conditional Use Permit was conditionally recommended for approval by the Planning and Zoning Commission on June 28, 2016, based on a finding that the request was consistent with the review criteria, Zoning Code and Planned Area Development. The Commission recommended a condition that restricts the drive-through lane and window from operating between the hours of 6 and 10 a.m., which will have no impact on restaurant operations because the applicant does not intend to be open during these hours. An additional condition was recommended requiring the applicant and Town staff to explore possible solutions to improve pedestrian connectivity from the restaurant to the Basis School and to reduce traffic conflicts along the new central drive aisle at the driveway entrance into the restaurant.
 
The Conceptual Site Plan, Landscape Plan and Architecture were considered by the Conceptual Design Review Board on June 22, 2016. The board voted to recommend approval of the requests.
BACKGROUND OR DETAILED INFORMATION:
The property is zoned Steam Pump Village Planned Area Development (PAD), which allows drive-through restaurants, subject to the approval of a Conditional Use Permit. The General Plan designation for the property is Community/Regional Commercial. The existing General Plan and zoning for the property and the surrounding area is depicted on attachments 4 and 5, respectively.
  
Conditional Use Permit
 
The Conditional Use Permit proposal consists of the following: 
  • Approximate 3,600 square foot restaurant
  • Drive-through window
  • Outdoor patio seating
  • Parking
  • Landscaping
  • Rainwater harvesting 
The Conditional Use Permit review criteria contained in Section 22.5 provides the primary guidance for evaluating CUPs. The criteria most applicable to this request is the evaluation of the use based on traffic impacts.
 
Based on this core criteria, traffic was the central issue in this request. The current configuration of parking, driveways and the traffic generated by Basis School leads to frequent onsite delays. The Town worked closely with the applicant, the property owner (Evergreen) and Basis School to find a mutually agreeable solution. The proposed site plan was revised to include a straight driveway along the Freddy’s and Basis property lines (roughly parallel to Oracle Road), and a new connection to the northern entrance drive. Attachment 6 depicts the existing and proposed traffic configuration. This new alignment provides more efficient traffic flow in the area and resolves the existing meandering circulation pattern in front of the school.

The site plan has been reviewed by planning and engineering staff, with no adverse comments relative to vehicular traffic flow. The construction of the new driveway, staggered drop off and pick up times for the school and a condition limiting the use of the drive-through in the morning will reduce impacts by the proposed restaurant, satisfying the CUP criteria.

The design of the restaurant has been reviewed for conformance with all PAD standards and applicable provisions of the Zoning Code during the design review process. This review includes drive-through lane screening, parking, landscaping, lighting, signage, architecture and conformance with all ordinances and policies. 
 
In addition to traffic, the applicant’s request has been reviewed and found in conformance with the balance of the Conditional Use Permit evaluation criteria, as provided on Attachment 7.

Conceptual Site Plan
 
An overall site plan has been previously approved for the Steam Pump Village shopping center, which includes the proposed site in Phase 3. The proposed application modifies the approved Master Plan, requiring a Conceptual Site Plan review.
 
The PAD establishes a parking ratio of one (1) space per 300 square feet. Based on the 3,565 square feet, 12 parking spaces are required but the applicant proposes 38.

The proposed Conceptual Site Plan has been reviewed and is in conformance with the Town’s Design Principles and Steam Pump Village Design Guidelines (Attachment 8).
 
Conceptual Landscape Plan
  
The landscape plan features the required parking lot island plantings and landscape screen along the drive-through. The buffer yard along Oracle Road was included on the overall site plan for the commercial development and has been planted. Some additional vegetation is proposed to enhance the streetscape. The proposed landscape concept has been reviewed and conforms to the Zoning Code and Steam Pump Village Design Guidelines. 
 
Conceptual Architecture
 
The proposed architecture represents a southwest contemporary design that incorporates desert colors and elements. The architecture features predominantly earth tone colors with metal roofing and awnings, and stone veneer. The proposed architecture incorporates materials and colors used within the overall Steam Pump Center.
 
The Design Principles required that all building facades be fully articulated. The proposed architecture provides façade articulation through the use of several elements, including: 
  • Varied roof lines
  • Wall articulation
  • Material variation
  • Color variation
  • Roof cornicing
The proposed Conceptual Architecture has been reviewed and is in conformance with the Town’s Design Principles and Steam Pump Village Design Guidelines (Attachment 8).

Public Participation

Neighborhood Meeting

Two neighborhood meetings were held. The first meeting was held on March 3, 2016, and was attended by six (6) interested residents. The second meeting was held on May 12, 2016, with nine (9) interested residents in attendance. Due to the close proximity of the Native and Freddy’s restaurants, both items were presented in the meetings. Comments from the residents focused primarily on the existing circulation issues, increase in traffic, lack of parking and alcohol sales. The items were addressed as follows:
 
Existing circulation - to eliminate many of the existing circulation conflict points in the center, a new straight driveway will be constructed.
 
Increase in traffic - the construction of the new driveway, staggered start times for the school and a condition limiting the use of the drive-through in the morning will reduce impacts by the proposed restaurant.
 
Parking - the parking meets the standards specified in the Steam Pump Village PAD.
 
Alcohol Sales - Freddy’s does not intend to sell alcohol. 
 
The summary notes from the neighborhood meetings are provided on Attachment 9. Staff has not received any additional correspondence concerning the project.
 
Planning and Zoning Commission

The Conditional Use Permit was considered by the Planning and Zoning Commission on June 28, 2016. The Commission recommends approval of the request based on a finding that the proposed drive-through lane for the restaurant is consistent with the Conditional Use Permit review criteria. The Commission recommended a condition restricting the drive-through lane and window from operation between the hours of 6 and 10 a.m. The applicant does not intend to be open during these hours. An additional condition was recommended requiring the applicant and Town staff to explore possible solutions to improve pedestrian connectivity from the restaurant to the Basis School and to reduce traffic conflicts along the new central drive aisle at the driveway into the restaurant. Staff will be meeting with the applicant to address the Planning and Zoning Commission's concerns and will provide a verbal report at the Town Council meeting on the results of this discussion.
 
The Planning and Zoning Commission Staff Report is provided as Attachment 10. The draft minutes were not available as of the writing of the staff report.
 
Conceptual Design Review Board
 
The Conceptual Site Plan, Landscape Plan and Architecture were considered by the Conceptual Design Review Board on June 22, 2016. The Board recommended approval of the request based on a finding that the request is in conformance with the Design Principles and Steam Pump Village Design Guidelines. One housekeeping condition was applied to the architecture regarding updating a graphic. The Conceptual Design Review Board staff report and Draft Minutes are provided as Attachment 11.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
Conditional Use Permit

I MOVE to conditionally approve the request subject to the conditions in Attachment 1a, based on the finding that the proposal is consistent with the General Plan, Zoning Code, and review criteria.

                                                                        OR

I MOVE to deny the request for Freddy’s Steakburger, based on the finding that _______________.

Conceptual Site and Landscape Plans
 
I MOVE to approve the Conceptual Site and Landscape plans finding that the request is in conformance with the Design Principles and Steam Pump Village Design Guidelines.
                                                                       
                                                                       OR
 
I MOVE to deny the Conceptual Site and Landscape plans finding that the request is not in conformance with the Design Principles and Steam Pump Village Design Guidelines, specifically, __________________________________.

Conceptual Architecture
 
I MOVE to conditionally approve the Conceptual Architecture subject to the condition in Attachment 1b, finding that the request is in conformance with the Design Principles and Steam Pump Village Design Guidelines.
                                                                       
                                                                       OR
 
I MOVE to deny the Conceptual Architecture finding that the request is not in conformance with the Design Principles and Steam Pump Village Design Guidelines, specifically, __________________________________.

 
Attachments
1a. Conditional Use Permit Conditions of Approval
1b. Conceptual Architecture Condition of Approval
2. Location Map
3. Applicant's Submital
4. General Plan Map
5. Zoning Map
6. Driveway Exhibit
7. Conditional Use Permit evaluation criteria
8. Design Review Analysis
9. Neighborhood Meeting Summary
10. Planning and Zoning Commission Staff Report
11. Conceptual Design Review Board Staff Report and Minutes


    

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