Planning commission recommends Wendy’s rezoning, tables final site plan amid access and stacking concerns

The Gardner Planning Commission on May 27 recommended approval of a rezoning from C‑3 to CP‑3 and a preliminary development plan to allow a Wendy’s restaurant on a roughly 1‑acre lot at the northeast corner of 188th Street and Gardner Road, but tabled the final development plan for one week after extended discussion about driveway spacing, median installation and stacking.

The commission voted 7‑0 to forward a recommendation of approval for the rezoning, preliminary development plan and preliminary plat with staff conditions, modifying staff condition 3 to require three designated pickup/delivery parking stalls (the applicant had proposed six). The vote followed testimony from the applicant’s engineer and public comments about operations and safety.

Michael Osborne of Call Valley Engineering, representing Legacy Restaurant Group and the property owner, said the site work includes a private access drive (Tract A) that will also contain detention and serve the future lots on the larger plat. Osborne described the corner lot plan: a roughly 2,100‑square‑foot restaurant, a drive‑through lane and three proposed access points on 188th and Gardner Road. He asked the commission to allow a right‑in/right‑out on 188th and to allow a right‑in on Gardner Road; staff recommended removing the right‑out on 188th and the right‑in on Gardner Road and installing a raised median on 188th to control turning movements.

Kenneth Yoder, a nearby resident, urged the commission to require a raised, rather than painted, median because painted medians are sometimes ignored. Commissioners and staff debated access spacing and stacking in the southbound right‑turn lane on Gardner Road and whether a median and cross‑access to the west would adequately mitigate safety concerns. Commissioners asked whether extending the existing southbound right‑turn lane on Gardner Road would ease stacking; staff explained spacing standards tied to the roadway classification and noted the site’s curvature creates unique access geometry.

City staff recommended the foundation‑planting deviation because the applicant proposed additional landscaping elsewhere on the site and in parking areas; staff supported the deviation and recommended approval of the rezoning with five conditions. The applicant’s engineer said the detention basin in Tract A would be sized to handle the expected site runoff and that stormwater requirements would be met. Mike (Call Valley Engineering) said the basin is sized to serve Lot 1 and the likely development on the adjacent tract and that utilities are available.

After discussion commissioners agreed to recommend approval of the rezoning and preliminary plan with the deviation and with the amended condition capping the number of dedicated pickup/delivery stalls at three. The final development plan was tabled to June 23 so the commission can see any changes the City Council may make when it considers the rezoning recommendation on June 16. The final plat was approved by vote 7‑0 with conditions 1, 4 and 5 from the staff report.

Staff advised the public on how to submit written comments to City Council and explained the timing: the rezoning goes to City Council on June 16 and the next Planning Commission meeting is scheduled for June 23.

Motion details: Planning Commission recommended approval of the rezoning and preliminary development plan (motion made by Commissioner Combs, second by Commissioner Mater); vote 7‑0. Final development plan was tabled; final plat was approved subject to technical conditions.