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ITEM 5 |
Planning & Zoning Commission Memorandum Development Services Memo No. 23-015
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Date: |
May 17, 2023 |
To: |
Planning and Zoning Commission |
Thru: |
Kevin Mayo, Planning Administrator David de la Torre, Planning Manager |
From: |
Mikayela Liburd, Associate Planner |
Subject: |
PLH22-0061 Modern Margarita Plants Shops LLC |
Request: |
Request Entertainment Use Permit approval to allow for indoor live entertainment and outdoor patio speakers. |
Location: |
4165 S Gilbert Rd. Suite #5 |
Applicant: |
Chris Galletti, Modern Margarita |
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Proposed Motion: |
Move Planning and Zoning Commission recommend approval of Use Permit PLH22-0061 Modern Margarita Plant Shops LLC for live entertainment and outdoor patio speakers, subject to the conditions as recommended by Planning staff. |
Background Data: |
- Property is zoned PAD for Commercial Development
- Zoning code requires Entertainment Use Permit approval for any live entertainment or speakers provided outdoors and located 1,320 feet or less from a residentially zoned property
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Surrounding Land Use Data: |
North |
PAD for Commercial |
South |
PAD for Commercial |
East |
PAD for Commercial |
West |
Gilbert Rd., then PAD for C-1 with a gas station |
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Proposed Business Operations (for Use Permit) or Proposed Development (for PDP) |
Size of Suite & Patio |
2,555 sq. ft. and 1,080 sq. ft. |
Days of Operation |
Sunday-Saturday |
Hours of Operation |
Sunday to Wednesday: 11:00am to 10:00pm, Thursday:11:00am to 12:00am, Friday and Saturday:11:00am to1:00am |
Number of Employees |
20 |
Entertainment Indoors |
Live Music and DJ Entertainment |
Entertainment Outdoors |
Speakers |
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Review and Recommendation: |
The request is to allow for live entertainment and outdoor patio speakers. Modern Margarita has been in operation at this location since 2022. The restaurant also obtained permits for a patio expansion that year, which was completed in 2022. The Use Permit Request for live entertainment and patio speakers is to enhance the restaurant patrons' experience. Indoor entertainment will consist of live entertainment, which will include disk jockeys and bands. Outdoor entertainment will consist of outdoor speakers. Live entertainment will be played indoors in the evening between 8:00pm and 12:00am. Hours of operation will be Sunday to Wednesday: 11:00am to 10:00pm, Thursday: 11:00am to 12:00am, Friday to Saturday: 11:00am to 1:00am Planning staff finds the requested Entertainment Use Permit to be consistent with other similar establishments that have been approved for outdoor and live entertainment. Staff has reviewed the request and finds it to be consistent with the General Plan and the Zoning Code. |
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 April 6th, 2023. No one attended other than the applicant.
- As of the writing of this memo, Planning staff is not aware of any opposition to this 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:
- Substantial expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Use Permit and require new 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 noise complaints quickly and directly.
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