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ITEM 7 |
Planning & Zoning Commission Memorandum Development Services Memo No. 21-060
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Date: |
November 17, 2021 |
To: |
Planning and Zoning Commission |
Thru: |
Kevin Mayo, Planning Administrator David de la Torre, Planning Manager |
From: |
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Subject: |
PLH21-0054 Good Time Charli's |
Request: |
Entertainment Use Permit approval to allow live entertainment indoors and live acoustic music on an outdoor patio. |
Location: |
6045 W Chandler Blvd, Suite 7, generally located on the southwest corner of Chandler Boulevard and Kyrene Road. |
Applicant: |
Amy Nations, AZLIC LLC |
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Proposed Motion: |
Move Planning and Zoning Commission recommend approval of Use Permit case PLH21-0054 Good Time Charli's for live entertainment indoors and live acoustic music on the patio, subject to the conditions as recommended by Planning staff. |
Background Data: |
- Zoned Community Commercial for C-2 uses.
- Zoning code requires Entertainment Use Permit approval for any live entertainment or speakers provided outdoors and is located one thousand three hundred and twenty (1,320) feet or less from a residentially zoned property.
- Good Time Charli's has received Entertainment Use Permit approval in 2017 and 2018.
- Good Time Charli's has a new owner.
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Surrounding Land Use Data: |
North |
Community Commercial (C-2) |
South |
PAD for Office & Industrial |
East |
Kyrene Road; PAD for Office & PAD for Single-Family |
West |
Community Commercial (C-2) |
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Proposed Business Operations (for Use Permit) or Proposed Development (for PDP) |
Size of restaurant |
3,980 square feet |
Size of patio |
489 square feet |
Hours of operation |
Monday-Friday: 11:00am - 2:00am Saturday & Sunday: 9:00am - 2:00am |
Seats inside restaurant |
135 indoor seats |
Seats on patio |
69 outdoor seats |
# of employees |
7 full-time and 29 part-time employees |
Live entertainment indoors |
4 nights a week; typically on Friday & Saturday nights |
Live entertainment indoors - type |
3-4 person classic rock, jazz or acoustical performers; occasionally karaoke or solo performers |
Live entertainment indoors - hours |
Monday-Friday: 11:00am - 2:00am Saturday & Sunday: 9:00am - 2:00am |
Live entertainment on patio - type |
Acoustical only with no amplified music |
Live entertainment on patio - hours |
Friday - Sunday, no later than 8:00pm |
Additional alternative entertainment on patio |
Two televisions and four, eight-inch speakers for sporting events |
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Review and Recommendation: |
Planning staff has reviewed the request and finds it to be consistent with the General Plan and applicable zoning due live entertainment being a compatible land use with the surrounding commercial center and the agreed to noise mitigation measures to protect the residential neighborhood to the east of Kyrene Road. 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 one thousand three hundred and twenty (1,320) feet or less from a residentially zoned property, and/or if there is entertainment provided indoors with the property being located six hundred (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. In this particular case, single-family residential is located approximately three hundred and ninety-five (395) feet to the east across Kyrene Road. Good time Charli's will offer live entertainment 3-4 times a week indoors and acoustic music Friday - Sunday no later than 8:00pm with no amplified music on the patio. There are two televisions with four eight-inch speakers on the patio that are allowed for sporting events. The speakers and television on the patio are to continue to be kept at an ambient volume. In the past, Good Time Charli's has had multiple cases approved for live entertainment. In 2016, Good Time Charli's received a one (1) year time stipulation, and in 2018, the restaurant received a three (3) year time stipulation. During the review, there were multiple comments made by neighbors who complained about music traveling across the street and funneling into the neighborhood across Kryene Road to the east. An agreement was made in 2018 to limit the hours of performance on the patio and to ensure the door stays closed on the east side of the building. In addition, Good Time Charli's added trees along the patio perimeter and added sound proofing material to the interior windows to help mitigate sound. Good Time Charli's received new ownership in 2020 before they submitted for their Entertainment Use Permit renewal. When hosting the neighborhood meeting, multiple concerns came up. Neighbors were concerned about the door on the east side of the building facing Kyrene Road, and said Good Time Charli's occasionally leaves it open. When it is left open, the music is louder and can be heard easily throughout the neighborhood. The neighbors asked for the door to remain closed and only be used for emergencies. There were multiple complaints about the music on the patio and still being able to hear it due to size of speakers being hard to regulate. The neighbors asked for no speaker amplification to be used for music performances on the patio. The new owner has agreed to all of the neighbors requests. In addition, Planning staff recommends a one (1) year time stipulation to give neighbors the opportunity to give feedback to the new owners regarding the effectiveness of the agreed upon noise mitigation measures. |
Public / Neighborhood Notification |
- This request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A neighborhood meeting was originally scheduled on September 23rd, 2021 at 6:00pm. There was Zoom meeting password issues, meeting was rescheduled.
- A rescheduled neighborhood meeting was held on October 18th, 2021 at 6:00pm.
- A neighborhood meeting sign was posted on the site and on social media via Nextdoor.
- One citizen attended the neighborhood meeting and another reached out via telephone to express concern directly to the City Planner. Both citizens expressed concern about the door staying closed on the east side of the building, the size and loudness of speakers being used for musical performances, and ensuring the new owner is held accountable to adhering to the stipulations provided.
- As of the writing of this memo, Planning staff is not aware of any opposition.
- Staff has received one letter of support and has included the letter in the attachments.
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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: 1. Expansion or modification beyond the approved attachments (Floor Plan and Narrative) shall void the Use Permit and require new Use Permit application and approval. 2. The Use Permit is non-transferable to any other location. 3. The site shall be maintained in a clean and orderly manner. 4. 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. 5. 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. 6. 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 noise complaints quickly and directly. 7. Live music on the patio may occur Friday through Sunday, no later than 8:00pm, and shall be limited to acoustic and non-amplified instruments. When percussive instruments are used they shall be limited to cajons, small box drums and the like. Drum kits and steel drums shall be prohibited. 8. The eastern door facing Kyrene Road shall remain closed and shall be used for an emergency exit only. Said door shall have an automatic door closer installed. 9. The Entertainment Use Permit shall remain in effect for one (1) year from the date of City Council approval. Continuation of Entertainment Use Permit beyond the expiration date shall require reapplication to and approval by the City of Chandler. |
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