 |
AGENDA ITEM REVIEW FORM |
5.F.
Regular City Council Meeting
- Meeting Date:
- 01/27/2021
- Department Head:
- Jose A. Guzman
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
Action Requested:
Motion
Public Hearing
Public Hearing
ITEM:
Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2020-0795. A request by La Malquerida LLC, owners, for a conditional use permit to allow outdoor live entertainment on property located at 811 N. Cesar Chavez Street, San Luis, Arizona. (Jose A. Guzman, Director of Planning and Zoning)
A. Open public hearing
C. Action on Conditional Use Permit Case No. 2020-0795
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearingC. Action on Conditional Use Permit Case No. 2020-0795
SUMMARY:
This is a request by La Malquerida LLC, owners, for a Conditional Use Permit to allow outdoor live entertainment as per Section 152.106 C.3 (Neighborhood Commercial, C-1 zoning district) of the City of San Luis Code of Ordinance. The property is located at 811 N. Cesar Chavez Street, PID #775-38-204, San Luis, Arizona.
CITIZEN REVIEW MEETING:
As required by State Statute and the City Code, a Citizen Review Meeting was held on January 12, 2021, at 6:00 P.M., due to the pandemic, this meeting was conducted via teleconference. Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting. The intent of this meeting was to allow the public to learn about the conditional use application, ask questions and/or express any comments or concerns. There were no people from the public connected to the teleconference, however, the city received 29 opposition letters from neighboring properties against the approval of this conditional use permit and was mentioned during the Citizen Review Meeting.
GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation is intended to include a mixture of residential, commercial, office and other employment uses. The property is zoned as Neighborhood Commercial (C-1); the zoning and the proposed use are appropriate in the Activity Center designation.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (34 properties).
As mentioned before the city received 29 letters of opposition for the approval of this project. From those 29, 15 properties were within the 300 feet notice area. The city also received an email from Alfonso Avila, recommending limiting the hours of operations of live entertainment to Fridays and Saturdays only.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing regarding this item during a special meeting held on January 19, 2021. Due to the pandemic, this meeting was conducted via teleconference. Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting.
Staff presented the items and mentioned the 29 letters of opposition received by the neighbors, the email from the neighbor recommending to allow events only on Fridays and Saturdays, and the request of the applicant to allow events until 2:00 A.M. on Fridays and Saturdays. Staff recommended approval of the request with conditions on the hour of operations limiting the events to one per week ending at 2:00 A.M. and not allowing loud music after 10:00 P.M. during any other day. The commission recommended approval with the conditions presented by staff.
STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.
The Conditional Use Permit is to allow outdoor live entertainment at 811 N. Cesar Chavez Street, a property zoned Neighborhood Commercial (C-1).
Staff recommends approval of Conditional Use Permit Case No. 2020-0795 with the following conditions:
CITIZEN REVIEW MEETING:
As required by State Statute and the City Code, a Citizen Review Meeting was held on January 12, 2021, at 6:00 P.M., due to the pandemic, this meeting was conducted via teleconference. Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting. The intent of this meeting was to allow the public to learn about the conditional use application, ask questions and/or express any comments or concerns. There were no people from the public connected to the teleconference, however, the city received 29 opposition letters from neighboring properties against the approval of this conditional use permit and was mentioned during the Citizen Review Meeting.
GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation is intended to include a mixture of residential, commercial, office and other employment uses. The property is zoned as Neighborhood Commercial (C-1); the zoning and the proposed use are appropriate in the Activity Center designation.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. As required by State Statute, staff sent notification letters to property owners within 300 feet of the proposed project (34 properties).
As mentioned before the city received 29 letters of opposition for the approval of this project. From those 29, 15 properties were within the 300 feet notice area. The city also received an email from Alfonso Avila, recommending limiting the hours of operations of live entertainment to Fridays and Saturdays only.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission held a public hearing regarding this item during a special meeting held on January 19, 2021. Due to the pandemic, this meeting was conducted via teleconference. Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting.
Staff presented the items and mentioned the 29 letters of opposition received by the neighbors, the email from the neighbor recommending to allow events only on Fridays and Saturdays, and the request of the applicant to allow events until 2:00 A.M. on Fridays and Saturdays. Staff recommended approval of the request with conditions on the hour of operations limiting the events to one per week ending at 2:00 A.M. and not allowing loud music after 10:00 P.M. during any other day. The commission recommended approval with the conditions presented by staff.
STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.
The Conditional Use Permit is to allow outdoor live entertainment at 811 N. Cesar Chavez Street, a property zoned Neighborhood Commercial (C-1).
Staff recommends approval of Conditional Use Permit Case No. 2020-0795 with the following conditions:
- Conditional Use will be valid for one (1) year. After the year, the applicant will resubmit the application, and staff will review any complaints during the said time frame.
- Only ONE (1) outdoor live entertainment event per week ending at 2:00 A.M. either Friday or Saturday. On any other days, no loud music should be play after 10:00 P.M.
RECOMMENDATION / SUGGESTED MOTION:
A. I MOVE TO OPEN PUBLIC HEARING
1. Staff and/or applicant presentation
2. Call to the public on this item
2. Call to the public on this item
B. I MOVE TO CLOSE PUBLIC HEARING
C. I MOVE TO APPROVE CONDITIONAL USE PERMIT CASE NO. 2020-0795 WITH CONDITIONS AS PRESENTED BY STAFF.
C. I MOVE TO APPROVE CONDITIONAL USE PERMIT CASE NO. 2020-0795 WITH CONDITIONS AS PRESENTED BY STAFF.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A