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ITEM 8 |
Planning & Zoning Commission Memorandum Development Services Memo No. 21-059
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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: |
PLH21-0074 Third Base |
Request: |
Use Permit approval for a Series 6 bar liquor license and Entertainment Use Permit approval to allow indoor live acoustic music and speakers on the outdoor patio for background music. |
Location: |
4910 W Ray Road, Suite 3, generally located at the northeast corner of Rural and Ray roads |
Applicant: |
Destiny Myres |
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Proposed Motion: |
Move Planning and Zoning Commission recommend approval of Use Permit case PLH21-0074 Third Base for a Series 6 bar liquor license and Entertainment Use Permit approval to allow indoor live acoustic music and speakers on the outdoor patio for background music, subject to the conditions as recommended by Planning staff. |
Background Data: |
- Zoned Planned Area Development (PAD) for commercial (C-2) use.
- Zoning Code requires Use Permit approval for bar, cocktail lounge.
- 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.
- The closest residential property is approximately five hundred and seventy-five (575) feet to the north.
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Surrounding Land Use Data: |
North |
PAD for Commercial |
South |
Ray Road & PAD for Commercial |
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 |
3,663 sq. ft. |
Size of patio |
1,500 sq. ft. |
Hours of operation |
Monday - Friday: 10:30am - 2:00am Saturday & Sunday: 9:30am - 2:00am |
Seats inside restaurant |
105 seats |
Seats on patio |
40 seats |
# of employees |
9 employees |
Type of music requested inside restaurant |
Acoustical performances. No karaoke, dancing, or DJ. |
Patio entertainment |
No live music on patio. Two televisions and background music |
Additional entertainment |
15-20 TV's, juke box, off-track betting, pool tables, & arcade games. |
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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 to a bar and live entertainment being a compatible land use with the surrounding commercial center, live music only being provided acoustically and inside the building, and the patio with background music facing Ray Road. 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, 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 five hundred and seventy-five (575) feet to the north, approximately eight hundred (800) feet to the east, and approximately three hundred (300) feet to the south across Ray Road. A Use Permit is required for any bar, cocktail lounge looking to operate within a community commercial (C-2) zoned property. Third Base is operating with a Series 6 Liquor License which is considered a bar license. Third Base will offer live acoustic music only indoors. Their plan is to only have live music for special occasions, approximately two to three (2-3) times a year. There will be no live entertainment outside on the patio. There will be two televisions and speakers for background music on the patio. There have been previous bars at 4910 W Ray Road, Suite 3. In 2009, a bar was approved to have live entertainment at this location for one (1) year. There was no opposition to the live entertainment in the memo. The bar never resubmitted after the time stipulation expired. Third Base is moving to 4910 W Ray Road, Suite 3, from another location within the City of Chandler. Third base used to be located at 1949 W Ray Road, Suite 11 (southeast corner of Dobson and Ray Roads). Third Base was originally approved at their old location in 2009 under a Series 12 Restaurant License. In 2011, Third Base changed to a Series 6 Bar License with approval for live music indoors. There was no time stipulation on the approval. Third Base operated with no complaints from neighbors or business owners while occupying their old location. The 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.
- The neighborhood meeting sign was posted on the site and on social media via NextDoor.
- A neighborhood meeting was held on October 12, 2021 at 6:00pm. No one was in attendance besides the applicant and Planning staff.
- As of the writing of this memo, Planning staff is not aware of 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 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. 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. 6. The Entertainment Use Permit shall remain in effect for two (2) years 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. 7. Use Permit for a bar shall remain in effect for two (2) years from the date of City Council approval. Continuation of Use Permit beyond the expiration date shall require reapplication to and approval by the City of Chandler. 8. There shall be no live entertainment outdoors including acoustic groups, bands, and the like. 9. Televisions and small patio speakers for background music is only permitted on the patio. 10. Indoor live entertainment shall be limited to acoustic instruments only. 11. 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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