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ITEM 6 |
Planning & Zoning Commission Memorandum Development Services Memo No. 21-055
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Date: |
10/20/2021 |
To: |
Planning and Zoning Commission |
Thru: |
Kevin Mayo, Planning Administrator David De La Torre, Planning Manager |
From: |
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Subject: |
PLH21-0057 Sidelines Tavern & Grill |
Request: |
Request Entertainment Use Permit approval for live entertainment indoors and on an outdoor patio. |
Location: |
2980 S. Alma School Road, Unit 2 |
Applicant: |
Amy Nations, AZLIC |
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Proposed Motion: |
Move Planning and Zoning Commission recommend approval of Entertainment Use Permit case PLH21-0057 Sidelines Tavern & Grill for live entertainment indoors and on an outdoor patio, subject to the conditions as recommended by Planning staff. |
Background Data: |
- Zoned Planned Area Development (PAD) for commercial use
- Zoning Code requires Entertainment Use Permit approval for any live entertainment is provided outdoors and is located one thousand three hundred and twenty (1,320) feet or less from a residentially zoned property.
- The closest residential property is approximately 620 feet from the subject outdoor patio.
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Surrounding Land Use Data: |
North |
PAD for Commercial |
South |
PAD for Commercial & Queen Creek Road |
East |
PAD for Commercial |
West |
PAD for Commercial |
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Proposed Business Operations (for Use Permit) or Proposed Development (for PDP) |
Size of Restaurant |
2,652 square feet |
Size of patio |
590 square feet |
Hours of Operation |
Monday: 11:00am — 10:00pm Tuesday-Thursday: 11:00am — 11:00pm Friday: 11:00am — 12:00am Saturday: 9:00am — 12:00am Sunday: 9:00am — 11:00pm |
Seats inside restaurant |
106 seats |
Seats on patio |
75 seats |
# of employees |
23 full and part-time employees |
Type of music requested |
Solo/duo/trio acoustical performers |
Hours of performances |
Monday – Thursday: 4:00pm — 10:00pm Friday – Sunday: 4:00pm — 11:00pm |
Patio music |
No bass speakers, sub-woofers, or drums. Acoustical only. |
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Review and Recommendation: |
Planning staff has reviewed the request and finds it consistent with the General Plan and applicable zoning. Live entertainment is a compatible land use with the surrounding commercial center. Per Zoning Code section 35-305(4), an Entertainment Use Permit is required when alcoholic beverages are sold or served; and there is entertainment activity provided outdoors with the property being located one thousand three hundred and twenty (1,320) 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. In this particular case, single-family residential is located approximately 620 feet to the south and 860 feet to the west. There is Queen Creek Road and a PAD commercial center separating the user from the residential properties to the south. The commercial center with two other buildings separate the user from the residential properties to the west. Sidelines Tavern & Grill will offer live music indoors and outdoors. When music is out on the patio, no bass speaker, subwoofer, or drums will be used. The acts on patio will be kept to acoustical only. The Entertainment Use Permit does not override any state liquor licensing requirements. The applicant must comply with all regulations that pertain to the liquor license. |
Public / Neighborhood Notification |
- This request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A neighborhood meeting sign was posted on the site and on social media via NextDoor.
- A neighborhood meeting was held on September 23rd, 2021 at 7:00pm through a virtual meeting. There were no attendees besides the City Planner and the applicant.
- As of the writing of this memo, Planning staff is not aware any opposition to the request.
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Recommended Conditions of Approval |
Planning staff recommends Planning and Zoning Commission move to recommend approval of the Entertainment Use Permit, subject to the following conditions:
- Expansion or modification beyond the approved attachments (Floor Plan and Narrative) shall void the Entertainment Use Permit and require 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.
- All live entertainment on the outdoor patio shall be acoustic and non-amplified, utilizing no full drum kits and when percussive instruments are used they shall be limited to instruments similar to bongos, cajons, and small box drums.
- The establishment shall provide a contact phone number for a responsible person (i.e., bar owner and/or manager) to any interested neighbors and property owners to resolve noise complaints quickly and directly.
- The entertainment Use Permit shall remain in effect for two (2) years from the date of City Council approval. Continuation of the Entertainment Use Permit beyond the expiration date shall require reapplication to and approval by the City of Chandler.
- The Entertainment 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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