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Planning and Zoning Commission
Regular Meeting

June 4, 2025 | 5:30 p.m.

Chandler City Council Chambers

88 E. Chicago St., Chandler AZ

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Commission Members
Chair Rick Heumann
Commissioner Charlotte Golla
Commissioner Tom Bilsten
Commissioner Sherri Koshiol
Commissioner Mike Quinn
Commissioner Ryan Schwarzer
Commissioner Kyle Barichello

Pursuant to Resolution No. 4464 of the City of Chandler and to A.R.S. § 38-431.02, notice is hereby given to the members of the Planning and Zoning Commission and to the general public that the Planning and Zoning Commission will hold a REGULAR MEETING open to the public on Wednesday, June 4, 2025, at 5:30 p.m., at City Council Chambers, 88 E. Chicago Street, Chandler, AZ. One or more members of the Commission may attend this meeting by telephone.

Persons with disabilities may request a reasonable modification or communication aids and services by contacting the City Clerk's office at 480-782-2181 (711 via AZRS). Please make requests in advance as it affords the City time to accommodate the request.

Agendas are available in the Office of the City Clerk, 175 S. Arizona Avenue.

Planning and Zoning Commission
Regular Meeting Agenda - June 4, 2025

Call to Order/Roll Call

Pledge of Allegiance

Unscheduled Public Appearances
Members of the audience may address any item not on the agenda. State Statute prohibits the Board or Commission from discussing an item that is not on the agenda, but the Board or Commission does listen to your concerns and has staff follow up on any questions you raise.

Consent Agenda
Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the Board or Commission, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.

May 21, 2025, Planning and Zoning Commission Meeting Minutes

Move Planning and Zoning Commission approve the meeting minutes of the Study Session and Regular Meeting held on May 21, 2025

Entertainment Use Permit, PLH25-0002 Black Sheep Wine Bar, 98 S San Marcos Pl, generally located ¼ mile south of the southwest corner of Arizona Avenue and Chandler Boulevard

Move Planning and Zoning Commission recommend approval of PLH25-0002 Black Sheep Wine Bar for an Entertainment Use Permit for live indoor entertainment, including live acoustical music performances and outdoor speakers for ambient music, subject to the conditions as recommended by Planning staff.

Zoning Code Amendment, PLH25-0007 Medical Marijuana Code Amendment

Move Planning and Zoning Commission recommend approval of a Zoning Code amendment to Chapter 35 - Section 2213 Medical marijuana facility, medical marijuana cultivation site, and infusion food establishment by replacing the one (1) year time condition for medical marijuana facilities approved through a Use Permit with any period of time approved by the City Council.

Member Comments/Announcements

Calendar

The next Regular Meeting will be held on June 18th, 2025, in the Chandler City Council Chambers, 88 East Chicago Street, Chandler, Arizona.

Adjourn

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ITEM 1

Planning & Zoning Commission Development Services Memo No.

Date:

06/04/2025

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator

From:

Taylor Kosareff, Management Assistant

Subject:

May 21, 2025, Planning and Zoning Commission Meeting Minutes

Proposed Motion:

Move Planning and Zoning Commission approve the meeting minutes of the Study Session and Regular Meeting held on May 21, 2025

Attachments

May 21, 2025 Study Session Minutes

May 21, 2025 Regular Meeting Minutes

ITEM 2

Planning & Zoning Commission Memorandum Development Services Memo No. 25-014

Date:

06/04/2025

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator
David de la Torre, Planning Manager

From:

Taylor Kosareff, Management Assistant

Subject:

PLH25-0002 Black Sheep Wine Bar

Request:

Entertainment Use Permit approval to allow live indoor entertainment, including live acoustic musical performances and outdoor speakers for ambient music

Location:

98 South San Marcos Place, generally located ¼ mile south of the southwest corner of Arizona Avenue and Chandler Boulevard

Applicant:

Brianna Parisian, Thrive Social

Proposed Motion:

Background Data:

Subject site is zoned City Center District (CCD).
Subject site currently has a Series 12 Restaurant License.
Live indoor entertainment within 600' of residential properties required an Entertainment Use Permit.
The nearest residential property is a single-family home located approximately 380 feet to the south and west of the subject site.

Surrounding Land Use Data:

North

CCD

South

CCD

East

Parking lot in CCD then Arizona Ave

West

CCD

Proposed Business Operations (for Use Permit) or Proposed Development (for PDP)

Size of Restaurant

3,673 SF

Hours of Operation

Monday–Thursday: 11am to 11pm
Friday: 11am to midnight
Saturday: 10am to midnight
Sunday: 10am to 11pm

Hours of Live Indoor Entertainment

8:30pm to 11pm

Types of Live Indoor Entertainment

Solo or Duo Acoustic

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 380 feet to the south and west.

In 2004, a liquor use permit for a series 12 restaurant license was approved for 98 South Wine Bar & Kitchen. In 2005 and 2007, use permit renewals were approved by city council. The suite has been occupied by the restaurant Black Sheep Wine Bar since 2021. In February 2025, Black Sheep Wine Bar received approval from the Historic Preservation Commission for an outdoor patio within the city right-of-way. Black Sheep Wine Bar indicated at the time of their interest in having outdoor speakers and live indoor entertainment, so staff advised to submit an entertainment use permit.

Planning staff is not proposing a time stipulation for the entertainment use permit due to the previous liquor use permit for the series 12 restaurant license for the previous business, and Black Sheep Wine Bar has occupied the space for four years, and has proved to be a good neighbor to Downtown Chandler businesses. Planning staff has reviewed the request and finds it to be consistent with the General Plan and applicable zoning. Live entertainment is a compatible land use with the surrounding commercial development and has similar hours and types of entertainment to the adjacent commercial developments with an entertainment use permit in downtown Chandler.

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 22, 2025. No one attended the neighborhood meeting other than staff and the applicant. Staff was informed after the neighborhood meeting that a resident attempted to attend the neighborhood meeting, but could not find where the neighborhood meeting was located. A neighboring business owner was concerned about the hours of entertainment, but after letting the business owner know the proposed entertainment hours is between 8:30pm-11pm, the business owner stated he was no longer concerned with the request (Stakeholder Correspondence).
As of the writing of this memo, Planning staff is not aware of any opposition to the request.

Recommended Conditions of Approval

Planning staff recommends Planning and Zoning Commission move to recommend approval of the Use Permit/Preliminary Development Plan, subject to the following conditions:

Substantial expansion or modification beyond the approved exhibits (Exhibits) 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.
Entertainment Use Permit approval does not constitute Final Development Plan approval; compliance with the details required by all applicable codes and conditions of the City of Chandler and this Entertainment Use Permit shall apply.
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.
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.
Entertainment activities shall only be permitted from 8:30pm - 11pm.

Attachments

Vicinity Maps

Exhibits

Stakeholder correspondence

ITEM 3

Planning & Zoning Commission Development Services Memo No. 25-012

Date:

06/04/2025

To:

Planning and Zoning Commission

Thru:

Kevin Mayo, Planning Administrator
David de la Torre, Planning Manager

From:

Taylor Kosareff, Management Assistant

Subject:

PLH25-0007 Medical Marijuana Code Amendment

Proposed Motion:

Background/Discussion

In 2010, voters passed Proposition 203, the Arizona Medical Marijuana Act that legalized the use of medical marijuana and established regulations for its growth, cultivation and dispensation, which are administered by the Arizona Department of Health Services (ADHS). The proposition did not preempt cities from enacting reasonable zoning regulations for medical marijuana uses. Thus, in 2011, Chandler amended the Zoning Code (Ordinance No. 4278) requiring Use Permit approval for medical marijuana facilities, cultivation sites and infusion food establishments, and adopting approval criteria, definitions, and procedures by which these uses may be considered in Chandler.

Subsequently, in 2017, the Zoning Code was amended (Ordinance No. 4764) by replacing the Use Permit approval process with an administrative zoning clearance review and approval process, more closely aligning Chandler's regulatory process with neighboring valley cities. Also, the one-year approval expiration was removed, and the ability to reduce the separation requirements was prohibited. In 2018, the Zoning Code was amended (Ordinance No. 4855) again to expand the hours of operation and no longer prohibit off-site deliveries and sale of other merchandise.

In 2020, Arizona voters approved Proposition 207 (the Smart and Safe Act), which legalized the possession, cultivation, and dispensing of recreational marijuana and set forth state licensing requirements. These licensing requirements and additional regulations are administered by ADHS; the Arizona Department of Revenue additionally collects both standard transaction privilege tax (TPT) and a 16% excise tax on the retail sale of recreational marijuana.

Finally, in 2023 the Zoning code was amended (Ordinance No, 5044) to establish several changes including: expanding hours of operation, increasing square-footage size limitations, and permitting the collocation of an ancillary medical marijuana facility in the I-1 and I-2 zoning districts with its affiliated onsite medical marijuana cultivation site and/or medical marijuana infusion food establishment when approved through a Conditional Use Permit. The Conditional Use Permits were issued with a one (1) year expiration from the date of Council approval, which requires a yearly renewal to remain active.

Proposed Code Amendment
The subject amendment was initiated by a request to remove the one (1) year expiration date and instead allow City Council to approve a longer time period, at its discretion.

The proposed amendment will allow for greater flexibility when reviewing applications for facilities that have shown their ability to be in conformance with their approval stipulations. This amendment will also align with the regulation of other Use Permits approved by City Council, which already allow for flexibility in expiration dates at the discretion of City Council.

Public Notification

This request was noticed in accordance with the requirements of the Chandler Zoning Code
The public hearing schedule was posted on the City's website and advertised in the newspaper
As of the writing of this memo, City staff is unaware of any opposition to this proposed Code Amendment

Recommendation
Staff recommends approval of a Zoning Code amendment to Chapter 35 - Section 2213 Medical marijuana facility, medical marijuana cultivation site, and infusion food establishment by replacing the one (1) year time condition for medical marijuana facilities approved through a Use Permit with any period of time approved by the City Council.

Attachments

Ordinance 5127