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Record of Proceedings

Planning and Zoning Commission Meeting - July 17, 2026: Approval of Zaxby's Conditional Use Permit

Planning and Zoning Commission — Friday, July 17, 2026
BodySurprise, Arizona
SessionPlanning and Zoning Commission
DateFriday, July 17, 2026
StatusFILED
Video Record
0:00 / 10:09

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
1:13

This uh Planning Zoning Commission meeting to order on this Thursday, July sixteenth, two thousand twenty-six.

1:22

And uh sir, could we please have roll call?

1:25

Commissioner Perry.

1:26

Here.

1:27

Commissioner Holland.

1:30

We're not sure about Commissioner Holland is Commissioner Leonard.

1:34

Here.

1:35

Chair Chapman.

1:36

Here.

1:36

Vice Chair Spada.

1:38

Here.

1:38

Commissioner Everett.

1:40

She has an excused absence.

1:41

Commissioner Bash.

1:43

Here.

1:43

We have a quorum.

1:47

Thank you.

1:49

If you could please stand and join me in the Pledge of Allegiance.

1:54

I pledge allegiance to the five of the United States of America.

2:05

With liberty and justice for all.

2:18

Nothing tonight, Chair.

2:20

Thank you.

2:20

Thank you.

2:22

Would like to go to our consent agenda.

2:25

And uh we'll have approval or discussion on our planning zoning commission minutes from the last meeting.

2:36

Consideration and action to approve or disapprove the July 2nd, 2026 planning and zoning commission meeting minute.

2:45

I move to I'm sorry.

2:46

I move to approve.

2:48

Any discussion?

2:50

Seeing none, then please vote.

2:53

We gotta have a move in a second.

2:54

Here we go.

2:56

Did we not?

2:57

Who's seconded?

2:59

Kevin.

2:59

Oh Kevin.

3:01

Just making sure.

3:02

Second.

3:05

Want us to be official.

3:07

Oh, yeah.

3:12

Calls for a public hearing.

3:18

Item two.

3:19

Consideration.

3:21

Consideration and action regarding a conditional use permit.

3:24

C UP with site plan for a Zach Spees restaurant with drive-through facility on a site generally located on the southeast corner of 163rd Avenue and Pinnacle Peak Road.

3:36

Case number FS two five zero seven three three.

3:44

Good evening, Chair, Commissioners.

3:46

The item before you is the Zaxby's uh conditional use permit for a drive-thru.

3:51

Case numbers FS twenty-five zero seven three three.

4:02

Zoning for the site is C2 with a beauty overlay.

4:07

Zoning to the south and east is also that same zoning district.

4:13

Zoning to the north is PAD and zoning on the west side of 163rd is the Asante PAD with C2 underlying zoning.

4:34

Nineteen have been provided.

4:36

The double drive-through lane has queuing capacity for 17 vehicles.

4:42

The accessible route for pedestrians is shown there with the red dotted line.

5:00

This gives you an overview of the overall commerce center, the master site plan.

5:06

Access to the site is all taken from internal drive aisles.

5:11

However, um a three-quarter access drive-through aisle or drive driveway is provided off of Pinnacle Peak Road.

5:19

Full access is taken off of Planata Lane, which has three-quarter access on 163rd Avenue.

5:32

The landscape uh the applicant is providing is in conformance with the LDO and was designed to uh and be complementary to the right-of-way landscaping that has already been approved.

Discussion Breakdown — Share of Meeting
Affordable Housing█████████████████████████████████████████████50%
Transportation Safety█████████████████████████████32%
Procedural████████████████18%
Summary of Proceedings

Planning and Zoning Commission Meeting - July 17, 2026

Note: The provided meeting date is July 17, 2026, but the transcript indicates the meeting was called to order on Thursday, July 16, 2026. This summary uses the provided date for the title but notes the discrepancy.

The Planning and Zoning Commission met to consider a conditional use permit for a Zaxby's restaurant with a drive-through and handle routine approvals. The meeting included roll call (Commissioners Perry, Holland (absent, unsure), Leonard, Chapman, Spada, Bash; Commissioner Everett excused), approval of previous minutes, and a public hearing.

Consent Calendar

  • Approved the July 2, 2026, Planning and Zoning Commission meeting minutes unanimously.

Public Comments & Testimony

  • No members of the public spoke during the public hearing for the conditional use permit.

Discussion Items

  • Conditional Use Permit (CUP) for Zaxby's Restaurant with Drive-Through (Case #FS25-0733)
    • Staff (Leslie) presented the request for a CUP with site plan for a Zaxby's restaurant with a double drive-through at the southeast corner of 163rd Avenue and Pinnacle Peak Road.
    • The site is zoned C2 with a beauty overlay. The drive-through lane has queuing capacity for 17 vehicles.
    • Access is via internal drive aisles, with a three-quarter access driveway off Pinnacle Peak Road and full access via Planata Lane.
    • Landscaping conforms to the LDO and complements existing right-of-way landscaping. Architecture matches Zaxby's branding but incorporates materials from the master site plan (brick veneer, neutral palette, steel accents).
    • A neighborhood meeting on February 25, 2026, had five attendees; questions focused on restaurant background, adjacent parcel uses, access, and traffic.
    • Staff recommended approval subject to stipulations A through E.
    • Commissioner Perry asked whether the restaurant includes sit-down seating. Applicant Ben Brunig (development team) confirmed both indoor seating and a double drive-through.
  • No other discussion items.

Key Outcomes

  • The Commission moved to approve the conditional use permit with site plan for Zaxby's restaurant (Case FS25-0733) subject to stipulations A through E as outlined in the staff report. The motion passed 5-0 (Commissioners Chapman, Perry, Leonard, Spada, Bash in favor; Everett excused; Holland absent status unclear).
  • No future business items were raised, and the meeting adjourned.

Meeting Transcript

This uh Planning Zoning Commission meeting to order on this Thursday, July sixteenth, two thousand twenty-six. And uh sir, could we please have roll call? Commissioner Perry. Here. Commissioner Holland. We're not sure about Commissioner Holland is Commissioner Leonard. Here. Chair Chapman. Here. Vice Chair Spada. Here. Commissioner Everett. She has an excused absence. Commissioner Bash. Here. We have a quorum. Thank you. If you could please stand and join me in the Pledge of Allegiance. I pledge allegiance to the five of the United States of America. With liberty and justice for all. Nothing tonight, Chair. Thank you. Thank you. Would like to go to our consent agenda. And uh we'll have approval or discussion on our planning zoning commission minutes from the last meeting. Consideration and action to approve or disapprove the July 2nd, 2026 planning and zoning commission meeting minute. I move to I'm sorry. I move to approve. Any discussion? Seeing none, then please vote. We gotta have a move in a second. Here we go. Did we not? Who's seconded? Kevin. Oh Kevin. Just making sure. Second. Want us to be official. Oh, yeah. Calls for a public hearing. Item two. Consideration. Consideration and action regarding a conditional use permit. C UP with site plan for a Zach Spees restaurant with drive-through facility on a site generally located on the southeast corner of 163rd Avenue and Pinnacle Peak Road. Case number FS two five zero seven three three. Good evening, Chair, Commissioners. The item before you is the Zaxby's uh conditional use permit for a drive-thru. Case numbers FS twenty-five zero seven three three. Zoning for the site is C2 with a beauty overlay.

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