Planning Commission Staff Report

PLANNING COMMISSION REPORT
CASE:
RAISING CANE'S GENERAL PLAN AMENDMENT AND
REZONING APPLICATION
CASE #:
GPA21-09 / ZON21-10
MEETING DATE:
10/07/2021
FROM:
Joseline Castaneda, Planner, Planning,
JCastaneda@glendaleaz.com, 623-930-2823
SUBJECT
RAISING CANE’S CHICKEN FINGERS GENERAL PLAN AMENDMENT GPA21-09
AND REZONING APPLICATION ZON21-10:   A request by Nordean Moussalem, on
behalf of PM Design Group, Inc., representing Phoenix Restaurant Properties
LLC, for a Minor General Plan amendment from OFC (Office) to GC (General
Commercial) and to rezone approximately 0.47 acres of land from C-O
(Commercial Office) zoning district to C-1 (Neighborhood Commercial) to allow for
a drive-thru restaurant. This site is located west of the southwest corner of 59th
Avenue and Thunderbird Road and is in the Sahuaro District.  Staff Contact: 
Joseline Castaneda, Planner, (623) 930-2823, jcastaneda@glendaleaz.com 
REQUEST
Minor General Plan amendment from OFC (Office) to GC (General Commercial)
1.
Rezone approximately 0.47 acres of land from C-O (Commercial Office) zoning
district to C-1 (Neighborhood Commercial)
2.
APPLICANT/OWNER
Nordean Moussalem / Phoenix Restaurant Properties LLC
REQUIRED ACTION
The Planning Commission must conduct a public hearing and determine if this request is
in the best long-term interest of this neighborhood and consistent with the General Plan.
SUMMARY
The proposal is for a minor general plan amendment and rezone to allow for the
development of a 3,267 square foot dual drive-thru restaurant building. All three parcels
on the site are designed Office in the General Plan, which does not allow for the
proposed use; however, the proposed designation of General Commercial allows this
use. Two of the parcels are partially zoned C-O, which do not permit the proposed use,
but the C-1 district does allow for the use, which is subject to approval of a Conditional
Use Permit.
The proposal is for a minor general plan amendment and rezone to allow for
development of land uses permitted in the C-1 zoning district. The applicant intents is to

develop a 3,267 square foot dual drive-thru restaurant building. 
BACKGROUND INFORMATION
General Plan Designation:
The property is designated as OFC (Office).                                  
 
Zoning:
The current zoning is C-O (Commercial Office) and C-1 (Neighborhood Commercial).
 
Property Location and Size:
The subject property comprises of 3 parcels totaling 0.97 acres and is located west of the
southwest corner of 59th Avenue and Thunderbird Road. 
 
Adjacent Uses and Zoning: 
Across the street to the north is a Chick-fil-A restaurant zoned C-2 (General
Commercial).
The property to the south and east is a Tutor Time day care center zoned C-1
(Neighborhood Commercial).
West is a medical clinic and a canal zoned C-O (Commercial Office) and A-1
(Agricultural).
History:
The property was annexed into Glendale on November 14, 1967 (Annexation Number
43). In 1984, zoning case (Z-84-75) rezoned 13.4 acres from C-1 PUD to C-O PUD and
two of the parcels were partially rezoned. This property, which includes all three parcels
for this project, was developed in 1983 into the existing Village Inn Pancake House.
Rezoning case (Z-92-04) amended the stipulations of approval for a Master Plan for new
developments established in the 1984 zoning case. This case was only applicable to the
properties on the southeast corner of 59th Avenue and Thunderbird Road, which
includes the two partially rezoned parcels. 
 
Project Details:
The proposal is for a minor general plan amendment and rezone to allow for the
development of a drive-thru restaurant. The property consists of three (3) parcels and is
currently is a developed property with a restaurant building. The minor general plan
amendment is from Office to General Commercial to all 3 parcels and rezone is from C-O
to C-1 for 2 of the parcels. The project will include a 3,267 square foot dual drive-thru
restaurant building.
 
CITIZEN PARTICIPATION TO DATE:
 
Applicant’s Citizen Participation Process:
On August 27, 2021, the applicant mailed notification letters to adjacent property owners
and interested parties. The applicant did not receive any response regarding the request.
Planning did not receive any response regarding the request. The applicant’s Citizen
Participation Final Report is attached.
 
Planning Commission Public Hearing:
A Notice of Public Hearing was published in The Glendale Star on September 16, 2021.
Notification postcards of the public hearing were mailed to adjacent property owners and

interested parties on September 17, 2021.  The property was posted on September 13,
2021.
STAFF FINDINGS AND ANALYSIS
Required General Plan Findings:
A.        Amendments to the General Plan of the City of Glendale shall be approved only if:
 
1.         The amendment is consistent with the policies and objectives of the rest of the
General Plan; and
2.         The proposed amendment furthers the public health, safety and general welfare
of the citizens of Glendale.
 
B.        If the amendment is to the Land Use Map, an additional finding must be made
that the proposed change will be compatible with other land uses, existing or planned, in
the vicinity.
 
Required Zoning Findings:
Amendment to the zoning ordinance and official zoning map of the City of Glendale shall
be approved only if:
 
A.        The amendment is consistent with the policies and objectives of the Glendale
General Plan;
B.        The proposed amendment furthers the public health, safety and general welfare of
the citizens of Glendale; and
C.        If the amendment is to the official Zoning Map, the proposed change will include
any conditions necessary to mitigate any adverse impacts on businesses, persons, or
properties adjacent to the requested amendment.
D.        A finding is made that there are adequate school facilities, if the amendment is to
the official Zoning Map, and if Section 3.812 (Adequate school facilities) is applicable.
 
Staff Findings: 
The proposed amendment is consistent with the policies and objectives of the
General Plan.  The proposed amendment meets several of the policies and goals
established in the General Plan. 
The proposed amendment furthers the public health, safety and general welfare of
the citizens of Glendale. The proposed development wil allow an additional eatery
option, appropriate circulation, and provide employment opportunities that benefits
the citizens of Glendale.  
Staff  Analysis: 
The proposed request to amend the land use designation from Office to General
Commercial is appropriate for the site and is generally compatible with the
surrounding land use designations identified on the General Plan Map.
The C-1 zoning district would allow for a convenience use, subject to a Conditional
Use Permit, as this use is not permitted in the C-O zoning district.
The rezone will make it consistent with the zoning of the adjacent parcels and allow
for a cohesive development.

The proposed General Plan Amendment is consistent with several of the Goals and
Policies depicted within the Envision Glendale 2040 such as the following:
Goal LU (Land Use): Development is guided by sound growth management. 
Policy LU-1.1 - The City shall ensure that sufficient infrastructure is in place
for desired land uses. 
The developed site supports the proposed commercial use as minimal
site improvements were required.
Goal HPD-6 (Historic Preservation and Design Element) - The City supports
adaptive reuse of structures. 
Policy HPD-6.4 – The City shall ensure new uses are compatible with
existing sites and structures. 
The proposed use of the site and main building is consistent with the
previous restaurant use.
Goal NPR-1 (Neighborhood Preservation and Revitalization Element) – Glendale
retains a sense of community through preserving and enhancing the character,
identity, and quality of its diverse neighborhoods. 
Policy NPR1.7 – The City shall implement site specific and
neighborhood-scaled development strategies that incorporate cultural
heritage and arts.   
The development will implement site design that will incorporate
material and art specific to the surrounding community.
 All applicable city departments have reviewed the application and recommend
approval.
RECOMMENDATION
Should the Commission choose to move forward with a recommendation for approval of
General Plan Amendment GPA21-09 and Rezoning Application ZON21-10, staff
suggests the following stipulation:
Development shall be in substantial conformance with the narrative dated September 19,
2021.
PROPOSED MOTION
Move to recommend approval of GPA21-09 and ZON21-10, subject to the stipulation
contained in the staff report.
Attachments
Narrative 
Citizen Participation Final Report 
Prop 207 Waiver 
Vicinity General Plan Map - GPA 
Vicinity Zoning Map - ZON 
Aerial Photograph - GPA 
Aerial Photograph - ZON 
Presentation