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ITEM 12

City Council Memorandum Development Services Memo No. 24-029

Date:

June 10, 2024

To:

Mayor and Council

Thru:

Joshua H. Wright, City Manager
Andy Bass, Deputy City Manager & Acting Development Services Director

From:

Darsy Smith, City Planner

Subject:

PLH24-0004 The Forum

Request:

Use Permit time extension for a Series 6 Bar license and an Entertainment Use Permit for live music inside and on an outdoor patio

Location:

2301 South Stearman Drive, generally located south of the southwest corner of Gilbert and Germann roads

Applicant:

Robert Leavitt, Arizona Liquor Industry Consultants

Proposed Motion:

Move City Council approve Use Permit and Entertainment Use Permit, PLH24-0004 The Forum, subject to the conditions recommended by Planning and Zoning Commission.

Background Data:

Zoned Planned Area Development (PAD) for commercial and retail uses.
Zoning code requires Use Permit approval for any bar license.
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.
The closest residential property is approximately 900 feet to the east, across Gilbert Road.
Liquor Use Permits (forerunner to Entertainment Use Permit) approved in 2017 and 2022 for a Series 6 bar license and live music.

Surrounding Land Use Data:

North

Charter School (Great Hearts)

South

Daycare (Kids Incorporated Learning Center)

East

Vacant parcel zoned PAD for a medical facility

West

Industrial (Aero Zone)

Proposed Development:

Size of Business

20,214 sq ft

Size of Patio

3,361 sq ft

Seating and Serving

221 persons

Hours of Business Operation

Monday - Wednesday: 8 am - 9:30 pm
Thursday: 8 am - 10 pm
Friday: 8 am - 12 am
Saturday: 4 pm- 12 am
Sunday: 2 pm - 9 pm

Type of Live Entertainment

Popular, Blues and Country Western bands (but not limited to these genres)
Disc Jockeys (DJs)
New outdoor stage
Played through indoor and patio speakers

Hours of Live Entertainment

Indoors:
Monday - Thursday: 8 am - 9:30 pm
Friday - Saturday: 8 am - 12 am
Sunday: 2 pm - 9 pm
Applicant requested in 2021 to extend indoor live entertainment to 12:00 a.m., seven (7) days per week, as needed for third-party events.

Outdoor Patio (recommendation to limit hours of live music and entertainment):
Amplified: 10 am to 9 pm Sunday through Thursday and 10 am to 11 pm Friday and Saturday
Non-amplified: 8 am to 10 pm Sunday through Thursday and 8 am to 11 pm Friday and Saturday

Additional Entertainment

10 TVs on patio, pool table, 8 outdoor speakers, live musical entertainment, disc jockeys and dancing inside and outside

Review and Recommendation:

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 1,320 ft. or less from a residentially zoned property; and/or if there is entertainment provided indoors with the property being located 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. The nearest single-family residential development to this project is located approximately 900 feet to the east, across Gilbert Road.

A Use Permit is also required for a Series 6 liquor license for bars to operate within a commercially zoned district. The Forum currently operates with a Series 6 liquor license, and in 2017 and 2022 a Liquor Use Permit was approved for a Series 6 bar license along with limited live entertainment. A time stipulation of two years was provided upon approval.

In 2022, The Forum proposed to expand its indoor and outdoor live entertainment including bands, DJs, and additional outdoor speakers. Business operations of The Forum allow events to occur after regular business hours. The applicant at that time requested the indoor live entertainment to extend until 12 am seven days per week. To be consistent with approved Entertainment Use Permits for establishments located in proximity to residential developments, staff recommends all live entertainment occurring within the outdoor patio, including dancing, speakers, and bands, conclude by 10:00 pm, Sunday through Thursday, and by 11:00 pm on Friday and Saturday. This proposed stipulation was presented to the applicant, who has agreed to limiting hours of live entertainment on the outdoor patio.

In 2022, the Planning and Zoning Commission stipulated the hours of live entertainment on the patio be modified to address the start time of amplified and non-amplified music. Condition No. 10 was modified to address their concerns as follows: "Amplified live music and entertainment on the patio may occur from 10 a.m. to 10 p.m. Sunday through Thursday and from 10 a.m. to 11 p.m. Friday and Saturday. Non-amplified live music and entertainment on the patio may occur from 8 a.m. to 10 p.m. Sunday through Thursday and from 8 a.m. to 11 p.m. Friday and Saturday."

The applicant is not proposing any changes to the 2022 conditions of approval. Additionally, the Use Permit does not override any state liquor licensing requirements and the applicant must comply with all State regulations that pertain to the liquor license.

After receiving opposition letters, staff contacted the applicant, who agreed to modify condition #10, limiting the hours of operation of amplified live music and entertainment on the outdoor patio from Sunday-Thursday to 9pm instead of 10pm.

Planning staff has reviewed the request and finds it consistent with the General Plan and applicable zoning. Live entertainment is a compatible land use with the surrounding commercial development and the residential development located to the east with the proposed stipulations. Planning and Zoning Commission recommends approval.

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 10, 2024; only the applicant and staff attended the meeting.
Planning staff have received three (3) emails from residents: two (2) from the same household and another (1) resident representing two different homes on the east side of Gilbert Road. In response to the concerns, the applicant agreed to reduce the outdoor amplified live music from 10 pm to 9 pm, Sunday-Thursday.
As of the writing of this memo, Planning staff aware of three (3) people in opposition to the request.

Planning and Zoning Commission Vote Report

Planning and Zoning Commission meeting, May 15, 2024
Motion to Approve

In Favor: 5 Opposed: 0 Absent: 1 (Lopez)

Recommended Conditions of Approval

Planning staff finds the request is in compliance with the General Plan and Planning and Zoning Commission recommends City Council approve the Use Permit/ Entertainment Use Permit, subject to the following conditions:

Expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Use Permit and require a new Use Permit application and approval.
The Use Permit is non-transferable to any other location.
This Use Permit approval is solely for a Series 6 Bar license.
Expansion or modification beyond the approved exhibits (Site Plan, Floor Plan and Narrative) shall void the Entertainment Use Permit and require a 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.
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 complaints quickly and directly.
Amplified live music and entertainment on the patio may occur from 10 a.m. to 9 p.m. Sunday through Thursday and from 10 a.m. to 11 p.m. Friday and Saturday. Non-amplified live music and entertainment on the patio may occur from 8 a.m. to 10 p.m. Sunday through Thursday and from 8 a.m. to 11 p.m. Friday and Saturday.
The Entertainment Use Permit shall remain in effect from the date of Council approval.
The Use Permit does not override any State liquor licensing requirements. The applicant must comply with all regulations that pertain to the liquor license.

Attachments

Vicinity Maps

Exhibits

Letters of Concern