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ITEM 13 |
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City Council Memorandum Development Services Memo No. 24-046
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| Date: |
September 12, 2024 |
| To: |
Mayor and Council |
| Thru: |
Josh H. Wright, City Manager
Andy Bass, Deputy City Manager
Kevin Snyder, Development Services Director |
| From: |
Mikayela Liburd, City Planner |
| Subject: |
PLH22-0056 Tipsy Egg & The Uncommon |
| Request: |
Entertainment Use Permit time extension to continue to allow live indoor and outdoor entertainment |
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| Location: |
1 E Boston Street, generally located ΒΌ mile south of the southwest corner of Arizona Avenue and Chandler Boulevard. |
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| Applicant: |
Niels Kreipke |
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| Proposed Motion: |
| Move City Council approve Entertainment Use Permit, PLH22-0056 Tipsy Egg & The Uncommon, to continue to allow live indoor and outdoor entertainment subject to the conditions recommended by Planning and Zoning Commission. |
| Background Data: |
- Zoned City Center District (CCD)
- Zoning Code requires Entertainment Use Permit approval for live indoor entertainment within 600 feet of the nearest residentially zoned property and for live outdoor entertainment and speakers within 1,320 feet of a residentially zoned property.
- The initial Entertainment Use Permit (PLH19-0045 Tipsy Egg/The Uncommon) approval was issued in 2019 with a one (1) year time condition. Changes in City staff and pandemic-related business impacts delayed the application to extend the EUP. The applicant and City staff worked together to bring the applicant back into compliance through this request.
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| Surrounding Land Use Data: |
| North |
Office |
South |
Commercial (Currently vacant) |
| East |
Commercial |
West |
Commercial |
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| Proposed Development: |
| Building Square Footage |
9,000 Sq.ft. |
| Number of Employees |
35 Full-time
20 Part-time |
| Tipsy Egg |
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| Hours of Operation |
7:00am to 2:30pm daily |
| Patio |
425 Sq.ft. |
| The Uncommon |
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| Hours of Operation |
11:00am to 2:00am daily |
| Patio |
1,000 Sq.ft |
| Hours of entertainment (Both restaurants) |
Sunday-Thursday 11:00am to 11:00pm
Fridays and Saturdays 9:00am to 12:00am |
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| Review and Recommendation: |
The dual restaurant concept of Tipsy Egg and The Uncommon offers a variety of entertainment activities, which include background music as well as indoor and outdoor live performances. An Entertainment Use Permit (EUP) in the City Center District (CCD) is required for entertainment activities provided outdoors with the property being located within 1,320 feet of a residentially zoned property and if there is entertainment provided indoors with the property being located 600 feet or less from a residentially zoned property. The nearest residentially zoned property is approximately 715 feet from Tipsy Egg and The Uncommon.
The initial Entertainment Use Permit approval included a one (1) year time condition to evaluate the compatibility of live entertainment with the surrounding residential and business developments. There have been no reports of disturbances.
Planning staff has reviewed the request and finds consistency with the General Plan and CCD zoning and recommends approval with no additional time condition. |
| Public / Neighborhood Notification |
- The 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 May 28, 2024. No one attended other than the applicant.
- As of the writing of this memo, Planning staff is not aware of any opposition to the request.
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| Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting August 21, 2024
Motion to Approve
In Favor:5 Opposed:0 Absent:2 (Koshiol and Barichello) |
| Recommended Conditions of Approval |
Planning and Zoning Commission recommends City Council approve the Use Permit, subject to the following conditions:
- Substantial expansion or modification beyond the approved exhibits (Floor Plan, Site 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.
- All roof mounted equipment shall be screened.
- The hours of live entertainment shall be limited to the following days and times:
| Sunday-Thursday |
11:00am to 11:00pm |
| Friday and Saturday |
9:00am to 12:00am |
- Entertainment uses shall be controlled so as to not unreasonably disturb area residents.
- 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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