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ITEM 13 |
City Council Memorandum Development Services Memo No. 22-006
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Date: |
January 24, 2022 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, City Manager Andy Bass, Deputy City Manager Derek D. Horn, Development Services Director |
From: |
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Subject: |
PLH21-0087 The Forum |
Request: |
Use Permit expansion of premises for a Series 6 Bar license and an Entertainment Use Permit for live music inside and on an outdoor patio. |
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Location: |
2301 South Stearman Drive |
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Applicant: |
Arizona Liquor Industry Consultants, Robert Leavitt |
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Proposed Motion: |
Move City Council approve PLH21-0087 The Forum Use Permit expansion of premises for a Series 6 Bar license and an Entertainment Use Permit for live music inside and on an outdoor patio located at 2301 S. Stearman Drive, subject to the conditions recommended by Planning and Zoning Commission. |
Background Data: |
- Zoned Planned Area Development (PAD) for commercial and retail uses.
- Zoning code requires Use Permit approval for any bar license.
- Zoning code requires Entertainment Use Permits approval for any live entertainment or speakers provided outdoors that is located 1,320 feet or less from a residentially zoned property.
- The closest residential property is approximately 900 feet to the east, across Gilbert Road.
- Liquor Use Permit approved in 2017 for a Series 6 bar license and live music.
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Surrounding Land Use Data: |
North |
Charter School (Great Hearts) |
South |
Daycare (Kids Incorporated Learning Center) |
East |
Vacant commercial parcel |
West |
Industrial (Aero Zone) |
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Proposed Development: |
Size of Business |
20,214 sq. ft. |
Size of Patio |
3,361 sq. ft. total (2,181 sq. ft. existing and 1,180 sq. ft. new) |
Seating and serving |
221 persons |
Hours of Business Operation |
Monday-Friday: 8 am - 5 pm Saturday: 8 am - 3 pm Applicant proposes to extend business hours to no later than 12:00 a.m. on any day of operation (including Sundays) for third-party events. |
Type of Live Entertainment |
Popular, Blues and Country Western bands (not limited to these genres) Disc Jockeys (DJs) New outdoor stage Played through indoor and patio speakers |
Hours of Live Entertainment |
Indoors Monday - Friday: 8:00 am - 5:00 pm Saturday: 8 am - 3 pm Applicant proposes to extend indoor live entertainment to 12:00 a.m., seven (7) days per week as needed for third-party events. Outdoor Patio - Recommendation to limit hours of live music and entertainment
- Amplified: 10 a.m. to 10 p.m. Sunday through Thursday and 10 a.m. to 11 p.m. Friday and Saturday
- Non-amplified: 8 a.m. to 10 p.m. Sunday through Thursday and 8 a.m. to 11 p.m. Friday and Saturday
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Additional Entertainment |
7 new TV's on patio, pool table, 8 new outdoor speakers, disc jockeys and dancing inside and outside. |
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Review and Recommendation: |
Per Zoning Code section 35-305(4), an Entertainment Use Permit is required when alcoholic beverages are sold or served; there is entertainment activity provided outdoors with the property being located 1,320 ft. or less from a residentially zoned property; and/or if there is entertainment provided indoors with the property being located 600 feet or less from a residentially zoned property. The distance is measured from the closest exterior wall or fence of any indoor or outdoor space occupied by the subject establishment to the closest property line of a residentially zoned property. The nearest single-family residential development to this project is located approximately 900 feet to the east, across Gilbert Road. A Use Permit is required for a Series 6 liquor license for bars to operate within a commercially zoned district. The Forum currently operates with a Series 6 liquor license and is requesting to expand the premises of the bar. In 2017, a liquor use permit was approved for a Series 6 bar license along with limited live entertainment. A time stipulation of one-year was provided upon approval, however, during the time since expiration, several construction-related issues arose which involved delay in the processing of the Entertainment Use Permit. As such, the applicant has addressed the life-safety issues and is proceeding with these requests. The Forum proposes to expand its indoor and outdoor live entertainment including bands, DJs, and additional outdoor speakers. Business operations of The Forum allow events to occur after regular business hours. The applicant requests indoor live entertainment to extend until 12 a.m. seven days per week. To be consistent with approved Entertainment Use Permits for establishments located in proximity to residential developments, staff recommends all live entertainment occurring within the outdoor patio, including dancing, speakers, and bands, conclude by 10:00 pm, Sunday through Thursday and by 11:00 pm on Friday and Saturday. This proposed stipulation was presented to the applicant, who has agreed to limiting hours of live entertainment on the outdoor patio. At Planning and Zoning Commission, Chair Heumann requested that the hours of live entertainment on the patio be modified to address the start of amplified and non-amplified music. Condition No. 10 is modified to address their concerns as follows: Amplified live music and entertainment on the patio may occur from 10 a.m. to 10 p.m. Sunday through Thursday and from 10 a.m. to 11 p.m. Friday and Saturday. Non-amplified live music and entertainment on the patio may occur from 8 a.m. to 10 p.m. Sunday through Thursday and from 8 a.m. to 11 p.m. Friday and Saturday. The Use Permit does not override any state liquor licensing requirements. The applicant must comply with all State regulations that pertain to the liquor license. Planning staff has reviewed the request and finds it to be consistent with the General Plan and applicable zoning. Live entertainment is a compatible land use with the surrounding commercial development and the residential development located to the east, across Gilbert Rd. with the proposed stipulations. Planning and Zoning Commission recommends approval. |
Public / Neighborhood Notification |
- The request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A neighborhood notification sign and public hearing sign were posted on the business.
- The neighborhood notification was posted on social media via Nextdoor.
- A neighborhood notification letter was sent out in lieu of a meeting due to the nearest residential being 900 ft. east of the site.
- As of the writing of this memo, Planning staff is not aware of any opposition to the request.
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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting January 19, 2022 Motion to Approve. In Favor: 5 Opposed: 0 Absent: 1(Koshiol) At Planning and Zoning Commission, Chair Heumann requested that the hours of live entertainment on the patio be modified to address the start of amplified and non-amplified music. Condition No. 10 is modified to address their concerns as follows: Amplified live music and entertainment on the patio may occur from 10 a.m. to 10 p.m. Sunday through Thursday and from 10 a.m. to 11 p.m. Friday and Saturday. Non-amplified live music and entertainment on the patio may occur from 8 a.m. to 10 p.m. Sunday through Thursday and from 8 a.m. to 11 p.m. Friday and Saturday. |
Recommended Conditions of Approval |
Planning staff finds the request is in compliance with the General Plan and Planning and Zoning Commission recommends City Council approve the Use Permit and Entertainment Use Permit, subject to the following conditions:
- Expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Use Permit and require a new Use Permit application and approval.
- The Use Permit is non-transferable to any other location.
- This Use Permit approval is solely for a Series 6 Bar license.
- Expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Entertainment Use Permit and require a new Entertainment Use Permit application and approval.
- The Entertainment Use Permit is non-transferable to any other location.
- The site shall be maintained in a clean and orderly manner.
- No noise shall be emitted from external speakers or live entertainment in such a manner that exceeds the general level of noise by uses outside the premises of the business and disturbs adjacent businesses and residential areas.
- Music shall be controlled so as to not unreasonably disturb area residents and shall not exceed the ambient noise level as measured at the commercial property line.
- The establishment shall provide a contact phone number for a responsible person (i.e. bar owner and/or manager) to any interested neighbors or property owners to resolve complaints quickly and directly.
- Amplified live music and entertainment on the patio may occur from 10 a.m. to 10 p.m. Sunday through Thursday and from 10 a.m. to 11 p.m. Friday and Saturday. Non-amplified live music and entertainment on the patio may occur from 8 a.m. to 10 p.m. Sunday through Thursday and from 8 a.m. to 11 p.m. Friday and Saturday.
- The Entertainment Use Permit shall remain in effect for two (2) years from the date of Council approval. Continuation of the Entertainment Use Permit beyond the expiration date shall require reapplication to and approval by the City of Chandler.
- The Use Permit does not override any State liquor licensing requirements. The applicant must comply with all regulations that pertain to the liquor license.
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