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ITEM 2 |
City Council Memorandum Development Services Memo No. 23-002
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Date: |
February 6, 2023 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, City Manager Andy Bass, Deputy City Manager Derek D. Horn, Development Services Director |
From: |
Darsy Omer, Associate Planner |
Subject: |
PLH22-0054 Game Show Battle Room Final Adoption of Ordinance No. 5024 |
Request: |
Rezoning from Planned Area Development (PAD) for Neighborhood Commercial (C-1) uses to PAD for Community Commercial (C-2) uses within an existing commercial center. |
Location: |
6909 W Ray Rd, Suite 29, generally located on the southeast corner of Ray Road and 56th Street |
Applicant: |
John Dockendorf, Game Show Battle Rooms |
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Proposed Motion: |
Move City Council adopt Ordinance No. 5024 approving PLH22-0054 Game Show Battle Room, Rezoning from Planned Area Development (PAD) for Neighborhood Commercial (C-1) uses to PAD for Community Commercial (C-2) uses within an existing commercial center, subject to the conditions as recommended by Planning and Zoning Commission. |
Background Data: |
- The subject site is currently zoned Planned Area Development (PAD) for Neighborhood Commercial (C-1) uses.
- The General Plan calls the subject site out as Neighborhoods.
- In 1999, the commercial center was rezoned from PAD for C-1 Neighborhood Commercial type uses to PAD for a Montessori school in addition to C-1 uses.
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Surrounding Land Use Data: |
North |
Ray Road, then a car wash and a residential neighborhood (Tempe) |
South |
PAD for Single-family residential |
East |
PAD for Single-family residential |
West |
56th Street, then PAD for commercial |
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General Plan and Area Plan Designations: |
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Existing |
Proposed |
General Plan |
Neighborhoods |
No Change |
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Proposed Development |
Building Square Footage |
3,500 sq ft |
Number of Employees |
1 full-time, 15 part-time |
Hours of Operation |
10am-10pm |
Days of Operation |
Monday-Sunday |
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Review and Recommendation |
The subject site was approved for PAD zoning in 1994 for a commercial shopping center. In 1998, the City Council approved an amendment to the PAD zoning with Preliminary Development Plan to expand the commercial development. In 1999, another zoning amendment was brought before Council to rezone it from PAD commercial to PAD (commercial) for a Montessori school and a restaurant/bar within the developing shopping center, but due to a legal protest, the applicant requested withdrawal of the restaurant/bar use and solely proceeded with the Montessori school. This request is to amend the zoning from C-1 type uses to C-2 type uses, which allows for the conditional approval of bar uses through a Use Permit. Staff has not received any opposition to the request; one neighbor attended the neighborhood meeting in support of the use permit for the sale of beer and wine. Game Show Battle Rooms is an interactive experience where a group of people can participate in a live, studio-quality game show experience in one of the two "arenas." Game Show Battle Rooms is a booking-only establishment, thus no walk-in customers are allowed. The applicant is requesting a rezoning from Planned Area Development (PAD) for C-1 Neighborhood Commercial uses to PAD for C-2 Community Commercial uses to allow for additional uses by right and via use permit, similar to other nearby commercial centers on arterial intersections. The business will operate with a Series 7 liquor license through a Use Permit for the sales of beer and wine for onsite consumption while experiencing the game show. No live music or other forms of entertainment are proposed as part of this request. Staff finds the proposed Series 7 Beer and Wine Bar license is compatible with the surrounding land use. Planning staff has reviewed the requests and finds they are consistent with the General Plan. Planning and Zoning Commission recommends approval of the rezoning to PAD for C-2-Community Commercial uses within an existing commercial center subject to conditions, and Use Permit approval to allow for a series 7 beer and wine bar license, subject to conditions. |
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 property and on social media via NextDoor.
- A neighborhood meeting was held November 9th, 2022, with one attending neighbor in support.
- As of the writing of this memo, Planning staff is not aware of any opposition to this request.
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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting of December 7th, 2022. Motion to Approve In Favor: 6 Opposed: 0 Absent: 1 (Barichello) |
Recommended Conditions of Approval |
Ordinance No. 5024 was introduced and tentatively adopted on January 26th, 2023. Move City Council approve the Rezoning from Planned Area Development (PAD) for Neighborhood Commercial (C-1) uses to PAD for Community Commercial (C-2) uses, subject to the following conditions:
- Uses permitted shall be those permitted in the Community Commercial (C-2) zoning district.
- Landscaping shall be in compliance with current Commercial Design Standards.
- The site shall be maintained in a clean and orderly manner.
- The landscaping in all open-spaces shall be maintained by the property owner or property owners' association, and shall be maintained at a level consistent with or better than at the time of planting.
- The landscaping in all rights-of-way shall be maintained by the adjacent property owner or property owners' association.
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