Planning & Zoning Meeting 10/16/2024

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here commissioner goola here
commissioner schwarzer here we of Corum
just for the record commissioner Lopez
has an unexcused because he didn't call
in so thank you for that prior to this
meeting we had a study session and
discussed items number one two three and
five which is just the cancellation of
the November 8th meeting um I do have a
card I'm not sure if the person wants to
speak on items to two and three Dwayne
do you want to talk on two and three or
just opposed to those items okay all
right thank you um to the rest of the
audience we will be voting on those four
items in one motion if anybody has a
question on any of those items please
speak up now if not what's the
commission's
pleasure oh I'm sorry what I keep
messing that up why do I keep doing that
you're supposed to keep me
Interruption
okay to the flag of the United States of
America and to the Republic for which it
stand One Nation God indivisible with
liy and justice for all Julie you need
to bold that more I don't
forget okay now we'll go back what's the
commission's pleasure
MCE chair uh move to approve the consent
agenda items one two three and
five we have a
second I second we have a second any
other comments all those in favor say I
I I any oppos any extensions okay that
passes
okay item number
four
um Taylor you're up on this one
Mr chairman this is her first time so we
have to be
nice yes I'd like to introduce Taylor
monan uh she's a fairly new planner
who's uh been with us for about six
months and she came from the Dark Side
she was in working for gamage B Burnham
we're really happy to have her here so
Taylor good evening uh before you today
I have plh 2431 sneaker heads Restaurant
and
Lounge um for some background on the
site it's Loc loated at the northwest
corner of Arizona Avenue in Elliot Road
it has been zoned for Community
commercial since 1985 with the inline
shops being built shortly after in 1986
zoning code requires a use permit for a
Series 6 bar license and an
entertainment use permit for live
entertainment within 600 feet of
residentially zoned property for this
property the nearest residentially zoned
um site is approximately 415 ft to the
east across Arizona Avenue it's a
approved for a multif family development
but it's not yet been um constructed the
nearest single family property is 515
fet to the west and it's separated by
another road San maros place and
Industrial Development and then it's the
single family
property today the applicant's
requesting a use permit for a series six
bar license and an entertainment use
permit to allow for outdoor patio
speakers and TVs for sporting events and
live indoor entertainment including DJs
Live musical performances karaoke
Comedians and
dancing the Sneakerhead Suite includes
an approximate 6,700 squ foot indoor
area and an outdoor patio that's
approximately 3,700 square feet shown
here um the hours of operation will be
Monday through Friday 10: a.m. to 2 am.
and Saturday and Sunday 11:00 a.m. to 2:
a.m. their proposed hours of
entertainment for indoors be Monday
through Friday 7:00 p.m. to 2: a.m. and
Saturday and Sunday 11:00 a.m. to 2:
a.m. their outdoor speakers would be
limited to Sunday through Thursday 700
p.m. to 9:00 p.m. and Friday and
Saturday 11:00 a.m. to 11:
p.m. the suite occupied by sneakerheads
was previously occupied by multiple
other restaurants restaurant tenants
with series 12 liquor licenses most
recently being Rosa Mexican Grill
sneakerheads was then able to begin
operating in have a soft opening in
early August using an interim 12 license
following the soft opening city staff
began receiving complaints from the
adjacent daycare which has Suites on
either side of the sneaker head Suite
the daycare owner expressed concerns
regarding the nightclub environment
safety and trash being left in the
parking lot the daycare had overall had
no issue with the restaurant portion but
there are more concern that sneakerheads
was operating more as a
nightclub the Arizona Department of
liquor and license control determined
that the series 12 license was not the
appropriate license as sneakerheads was
operating more as a bar and not a
restaurant sneakerheads then withdrew
their series 12 restaurant license
application and have since been
operating as a restaurant only with no
alcohol being sold planning staff
completed additional Research into the
state requirements for separation
between dayc carees and bars and found
that state statute requires a 300 foot
separation from schools um but no
separation required from daycares and
the Arizona Department of liquor and
license control confirmed that since the
daycare does not offer an accredited K12
school program that they don't qualify
for this 300 foot separation requirement
the city does not have any of their own
um separate separation requirements and
therefore does not regulate them so the
applicant would still have to follow any
of the state
requirements the request was noticed in
accordance with requirements in the
Chandler zoning code a neighborhood
meeting was held on September 17th 2024
planning staff for adj neighbors and six
people associated with the daycare were
in
attendance at the neighborhood meeting
attendees concerns included the required
separation from the daycare the overall
nightclub operations in the evening the
types of entertainment associated with
the business security measures that will
be taken by sneaker heads smoking on the
patio near the daycare playground server
attire and seeing the servers in the
restaurant seeing the servers enter the
restaurant and not wanting to be seat
inside the suite from the parking
lot in response to the neighbors's
concerns the applicant plans to
implement additional measures to ensure
creater compatibility with the daycare
and surrounding businesses these include
hiring security for Planned events at
night hiring a maintenance crew to clean
up the parking lot in patio areas after
these events limiting cigarette smoking
on the patio to designated areas away
from the daycare having servers enter
through the rear of the building adding
curtains and window film to the front
windows to limit visibility into the
suite adjusting live entertainment hours
to begin after the daycare closes on
weekdays and clarifying the specific
types of entertainment that will be
offered um in sneaker
heads yeah before I just so it's DJ's
karaoke basically what else isn't what
else is there it's basically the
definition uh right now they're uh
requesting the types of live
entertainment they're included in the
definition of live ENT on the city code
okay I didn't think there was anything
else besides what's listed here so okay
thank
you um planning staff has received two
letters and a couple of phone calls from
Neighbors one letter is from a resident
south of Elliot with concerns of noise
and heavy base having a negative effect
on people's Health the second is a
letter of opposition from the adjacent
daycare owner stating the concerns
mentioned in the previous slides staff
is aware of the continued opposition
from the adjacent Daycare owner and has
been working with them to address to
continue to address their questions and
concerns with the applicants additional
measures in place staff finds that the
proposed use can be compatible within
the commercial development and that the
use is consistent with the general plan
and eligible for consideration within
the C2 zoning um as of today planning
staff has confirmed there are currently
no noise complaints or disturbances
reported and sneakerheads has provided a
point of contact two points of contact
for their man management to address any
future concerns staff recommends
approval of the use permit and
entertainment use permit subject to
conditions including a one-year time
limit and set hours for live
entertainment that concludes my
presentation I'm available for any
questions could you answer a question on
the packet we've got up here in terms of
some of the things here in terms of
other bars owned by this applicant and
some of the issues there staff looked
into that or is that something the State
Liquor Board would have to look into
or Governor
David yes Mr chairman um this I believe
it was was it today or yesterday
yesterday so yesterday staff received um
an email from the the
daycare um with uh information that has
been provided and distributed to the
commission and the
uh the alleged is that the U owners of
this establishment uh were were involved
with another establishment in the city
of Mesa that had a lot of problems
including shootings and and things like
that and so they're they're concerned
about uh that happening here on this
site so um staff has not looked into
that um that is not something that um
staff is going to do because it's not
really a planning function um but it it
may be something that the state
department of liquor may look into okay
we can check with them okay thank you
questions staff quick question what is
the through chair um what's the
operating hours of the daycare
currently s s in the morning till 6 at
night Frid Sor um right now for the
hours of operation they're proposing
10:00 a.m. yes for the daycare oh for
the daycare I believe that they close um
around 6:30 okay on
weekdays they're open Monday through I
went out there today so they they're
open Monday through Friday till 6 and
there's always a little carryover till
6:30 or so
so any other questions for
staff okay is the applicant here yes the
applicant come up and state your name
and address for the record and maybe
talk about some of the issues that the
daycare is concerns about and maybe also
talk a little bit about the any other
establishments you guys have own that
may be causing any issues that you don't
think will happen here at Chandler um
thank you for having me my name is
Germaine Prince um my partner's name is
Carlos Howard um as far as uh the
daycare is concerned we've pretty much
uh uh did everything that they you know
everything that we thought would um get
their approval um for us to be there as
far as the old uh bar um I owned the bar
um along I was a silent partner of a bar
and um I pulled off pulled out the
liquor license um literally two days
before there was an issue there was a
problem there uh I don't know three
years ago and I've held on to the the
use per I mean I'm sorry I've held on to
the liquor license since then so um I
pulled out uh maybe 48 hours before we
before there was an issue because I
didn't approve of you know uh for
instance security you know different a
lot of different things that was going
on at that time um I had nothing to do
with the you know I was a silent partner
in that you know in that Venture so um I
met I met Carlos um about a year ago and
we're both athletes um I played
basketball for for years for the Air
Force he played football um we decided
to join forces um being that we both uh
we both know a lot of athletes we
decided to join forces and create what
what we now call sneakerheads because of
our influence and and the connections
that we have um we both have a passion
for food so we we decided to make it a
Caribbean restaurant and bring bring
that to Chandler along with with our
connects um we we plan on offering uh a
healthy lifestyle uh we plan on selling
protein shakes um you know a healthy
menu alongside of our regular menu um
and you know like I said we we plan on
bringing a lot of um celebrities
celebrity athletes um to challenge to
visit
sneakerheads um our live
entertainment uh like you previously
stated you know it'll it'll we would
like the option to have comedians bands
local bands um
uh uh Comedians and you know and and
things of that nature um karaoke night
stuff like that um that's why we're uh
we're trying to get the the live
entertainment so basically we just we
just plan to work with the uh the
neighborhood um and we plan on bringing
bringing culture to challeng or some
more culture so let me ask you a couple
quick questions so you're going to run
this establishment the one that you had
the bar license with that you pulled out
or whatever yes sir that's different
than this this location you guys are
running it yourselves yes sir and that
um that establishment is still in and is
still working now they're still open now
so that's they're still in Mesa now so
I'm not a part of that
anymore okay questions from the
commission so have you had a chance to
work with the meet with the daycare
owner at all sit down with them and talk
about some of the concerns or um we've
tried I I I did uh I did give him a call
um a couple times um we have tried to
work with him on multiple well I have
tried to work with him on multiple
occasions it doesn't seem like they're
open to um uh any type a compromise um
however we did make you know necessary
adjustments um hoping you know for his
approval so uh like Taylor um like
Taylor said earlier we did put up
curtains because they said you know they
were concerned that kids would see
something inside which you know I don't
know what they would see but we did put
curtains up um we did tell our staff to
come through the back instead of the
front they had concerns about their
uniform they wear a referee uniform I
don't understand that either but we did
make those adjustments um so pretty much
every concern that he's had we've tried
to make the necessary adjustments to to
please them but I don't think they're
pleased well you have to understand they
have a business has been there for 18
years so just no different than if you
were there for 18 years you want to
protect your your business and there's
kids involved and things like that so
yes sir okay any other questions Kyle
you get your hand on the button yeah I I
just yeah the only thing that I say is
like I did notice there were seven
things that they've did so I I do really
appreciate um you know all of those
things that you have done so I I was
hopeful that a resolution could have
been had but I I do think that it
appears that there's a fair effort to
address some of those concerns so so
yeah let me ask you a question on the
smoking because I I went out to the site
today um I did you have the shades up
the windows because I try to look you
guys weren't open yet right um smoking
is concern on the that back patio you've
got within probably 25 ft the playground
for the kids um there's a lot of
restaurants here in chanler that have
band smoking totally on everywhere um
because you want to go sit out in the
patio it's beautiful now that finally
the weather did break after the summer
from hell but um are would you be
willing as part of it just not have
smoking on the patio at all so you don't
have any problems with you know or or
maybe at after seven o'clock when
they're
closed uh I wouldn't have a problem with
after s
um but they were concerned about smoking
near the trash cans which our employees
were going over there to smoke you know
on their brakes um so we told our
employees to just smoke on the other
side of the of the building even
though yeah we just told our our
employees to to smoke on the other side
so where they're where they're not okay
and you can understand with little kids
that's the smoke their staff smokes at
the same place so oh do they really okay
all right that's interesting all right
any other questions yeah quick question
through J um what's the occupancy of the
building currently I believe it's 350
I'm not sure on that I think it's I
think it's 350 do you guys expect to
exceed those occupancy limits during
peak hours no sir okay so no lines or
anything expected outside of the
building at all uh I
mean maybe um maybe like night life you
know night time maybe but not during the
day at all sir gotcha
I always see the buttons being pushed
what can what is the parking like and um
is are there designated spots for the
daycare as opposed to for the bar I get
concerned with you know we have a
daycare center and yes the parents
should be in charge of their children
but I have four children they're
unpredictable and then we have alcohol
being served right next door how are we
how are we mitigating that to make sure
that we have the safest environment
possible for the kids uh currently we
don't have any parking um designated for
sneaker has um and the way it's a it's
the parking lot is kind of shaped like a
a triangle U where sneaker H is here and
it's a pretty big parking lot but they
do have their own um they do have signs
up for their parking so they have
dedicated Park they have dedicated
spots
okay okay any other comments all right
thank you sir I do appreciate it is
there anybody here from the from the
dayare thought the owner was going to be
here tonight y you want to come up and
state your name and address for the
record that'd be
great my name is hbert maget I am the
owner of the daycare the address is
30002 North Arizona Avenue in chanler
year and um so our a lot of our
complaints were put into the uh protest
regarding uh uh
sneakerheads um we've been there 18
years of course and over the course of
18 years we've never had a complaint
about restaurants being put there any
issues with the
restaurant um this this concept is a
little bit different and it does bring
about some concerns and so all those are
concerns we did uh put on paper and
address those things um I am um it's
different for us it's very different
when you've gotten liquor being served
around kids and then now you're talking
a bar SL
nightclub um we we all know what comes
along with bars and nightclubs and night
life um and so those are those are very
valid concerns of ours that you know we
do have infants all the way to 12 years
of age that we see after we've done
um we have different types of events
that we do have with the kids and things
of that nature um we got a a pretty good
siiz staff there that's been there some
that's been there 15 years some that's
been there 10 nine so um so all of them
the girls also had some concerns whether
they was going to even have their jobs
we had Parents concerns that hey
possibly maybe taking their kids out and
so we're still looking at that right now
uh so some of the parents were wanting
to know the outcome of things and things
of that nature there was some
advertising there that was very very
concerning early on in the process of of
uh them having their soft opening had a
lot of
um I guess I would say uh I mean it goes
along with the the territory as far as
having a bar and and uh that type of uh
business and I can understand that type
of business I'm not
that business is its business and I
think it's just near a daycare it's
concerning that's our concern how it
affects us because there's some conflict
of interest there and uh that's been
shared uh amongst uh those owners and
myself um so it's very hard for us right
now as far as trying to adjust to what's
coming there and what what could be the
consequences down the road of kids
encountering things as they come and go
we're all mothers and fathers so we're
concerned for our kids we do see parents
also you want to put your kid in the
best possible position that you can and
so and that sometimes is you know having
these single moms and stuff that we help
come along and they they look at where
do I put my kid at and I want to put my
kid in the best situation possible and
some concerns are theirs is you know
bars and nightclubs and things of that
nature um unfortunately
that um the state liquor
license I I felt like it didn't really
wasn't really clear as to what they
meant by
school
um there there's some lingo and it just
said school it didn't say uh that it
couldn't be a preschool so we are
preschool we do have K through six there
that we have that program it is a
program they didn't specify what type of
program
um just said
a program for Kindergartens through 12
well we have a program I I wasn't
certain what type of program so it
didn't really stipulate in there hey you
know it has to be Elementry setting or
this that and the other at least I
didn't read that um so those were
concerns of ours it's like you know
whether whether something like that
could be um right next to a child care
center uh uh Slash
preschool so we've had those concerns
there as well and then
uh I'm hoping that the noise and and we
did talk to the neighbor they it said
that they were going to keep the noise
down I do know night clubs and bars and
things can get loud and sometimes Rowdy
and things could happen our concerns was
is that even though it's a night a night
club that kids um in the morning they're
bringing their their parents are
bringing their kids to school and then
as they're bringing them to school and
then also picking them up they could
encounter things and so some of those
things could be drugs um and hopefully
during the uh on the front Corridor
there there's a section where we have to
walk the the parents have to walk
through the other side to pick up what
we call a school Ager so those are kids
that are K through uh six and you have
to pick them up and then they sometimes
they're carrying their infants so
sometimes one of the things we were are
concerned about is encountering smoke
while they're walking through there you
know because those are little kids
little babies we want to watch out for
them want to make sure they're safe and
we've done this uh that through the
course of the years even though the
restaurant was there before they we had
sign there were signs up that uh stopped
smoking out front so I'm hoping that
that can be you know
if at all possible I guess the last
results is to that we have some
stipulations in place that will
safeguard the families and the kids so
that's kind of what I'm looking at with
that being
said um in consideration that you know
again we do have lots of parents and uh
a lot of single moms coming through
there you know this program has
benefited uh those families and um so
that's kind of where we are in some of
our
concerns um because there are all kind
of drugs and we just know that there's
some pretty potent drugs and when those
kids pick up something it's going to
devastate
everybody so and and I do know hands off
well not hands off but I'm not trying
to put them out of business I'm just
concerned that being sight of our
business our concerns and what we can do
uh to make sure we Safeguard the kids
and because our playground is pretty
close to that patio in the back too as
well we have some concerns there with
smoking and whatnot so um and then there
you know theft and vandalism and stuff
like
that excuse me that can happen too so
those are our concerns uh we're just
hoping for the best you
know questions of gentlemen okay
thanks for that hbert I appreciate you
coming up here are you aware of um the
stipulations that were that were on the
case I think you know some of these
might ease some of your concerns I think
one of them that I would say is um like
these use permits are effective one year
and they have to be renewed so I I think
that you know that's something that the
city of Chandler I think has done a
really good job of monitoring these
things but I just wanted to ask to if
you've seen them it might ease some of
your concerns yeah I've seen some of
them I'm I'm and you know like I say I
am um looking at them I do appreciate
that they're in there that some of those
are in there the
safeguards
um I I'm not quite sure about how the
not noise is going to work during the
day and the type of music that's being
played that because our walls are right
there and we can we can hear and those
kids can hear and hopefully there's
appropriate
music being played they want to too much
have a problem a kid won't have a
problem with that portion um that's a
portion that I
know um that can happen but I do all the
things in here I was looking over the
things that they had in here um but that
was one of the things I'm not sure was
emphasized is the the uh noise in the
daytime the the music in the daytime
that type of thing smoking out front I
understand the smoking on the patio
hopefully that can be controlled I know
that hook is going to be involved and
understand it was good that they were
goingon to not do the hookah inside they
were going to do the hookah outside I'm
not sure if that's in here but that's
what I've been
told that the hookah is going to be
outside not inside because I know that
can travel through the vents and things
of that nature come over and pass
through different sides um hopefully the
smoke
you know there's different types of
things that you can smoke won't travel
or not be around the
kids so that was
concerned
um as far as the
out staff just a quick question even
with the series six there's no smoking
by State Statute in the in the facility
and within 25 ft of the front door
correct that's correct for the Smoke
free Arizona law that it doesn't matter
what license they have it still carries
okay so and it's within 25 feet of the
front door as well so
okay yeah clarification on the
entertainment it so it's live
entertainment only starts at 7 pm during
the business week so it shouldn't be
playing while school or daycare is
happening right right okay right that's
that's one of them yeah absolutely and
I'll have to ask staff this question um
it says hours days of entertainment
indoors Monday through Friday 7 to 2 am
Saturday and Sunday 11: to 2 your
business isn't open on the weekends then
it says outdoor patio speakers Sunday
through Thursday 7 to 9 but Friday and
Saturday 11 to 11 so I my question to
staff or maybe Taylor you can answer
this question why would we have hours of
entertainment on Friday at 11 o'clock
I'm confused it seems like a conflict
because if it's indoors from 7 to 2 why
would Outdoors be allowed on Friday
before
s uh chair human I believe that was just
a typo I I think it is supposed to be uh
Sunday
um I think I think those are supposed to
be modified to be weekday are 700 p.m.
to 9:00 p.m. for outdoor patio speakers
okay and um for for the weekends
Saturday and Sunday it would be 11:00
a.m. to 11: p.m okay okay because that's
a type that's yeah so
okay okay any other questions for the
gentleman sir we're trying to make sure
that I I get it I went out there today I
think I talked to you on the phone yes
um I think it's important that you got
an 18-year business that a business
comes in next door that it's different
that there are safeguards for you and
for the kids which to me is super
important um the smoking is a big
concern of mine but there are State
statutes to that the applicant is
willing to do certain things like make
sure the parking lot's cleaned every day
uh things like that and and to Kyle's
point we have a one-year stipulation but
we can pull it before that if there's a
lot of complaints two months from now
you know staff has the right to to bring
the applicant in and try and resolve
those kinds of things so okay all right
any other questions thank you sir thank
you I appreciate it can I bring up the
applicant one more time just to clarify
a couple things
please so other than the typo on the the
hours which we can fix um are I know
some of the conversations been you're
going to have somebody come clean every
morning or making sure that and working
your staff I mean I want you to be
successful and we also want to make sure
we're protecting the business next store
no different so are you okay with the
stipulations and um on some of these
things is there going to be hookah in
the back or with fumes and things like
that or is that something you're not
going to do we do plan on having hookah
outside on the outside patio okay yeah
it's about maybe 40 50 feet away from
his establishment will that be at a
certain time of the day or is it again
my concern is and I don't know staff
does that fall under the smoking
provision I know Vape Falls in under the
Smoke free
Arizona anybody know that answer
hasn't come up before so that's
why uh we can check into that we we're
not sure if that includes hook go or not
okay I mean I wouldn't have the concern
on the to me the patio should be
smokefree during the day and you know
have your employees if there's employees
they should be smoking way away from the
building um but I think that would be
also important I think I want you to be
successful I also want them not to get
hurt by it um so if you're okay with
some of the stipulations that you've
talked about the being
codified um you're okay with all those
yes sir okay good okay any other
questions thank you very much I
appreciate
it all right I'm any anybody else in the
audience would like to talk on this item
if you do come on up to the front state
your name and address for the record
please uh my name is uh Dwayne
Ernest um the 30002 North Arizona Avenue
I owned the Woodcraft store in the same
um complex at sneaker
heads and we've been there for close to
20 years I've been the current owner for
17 of those
years
um although I'm segregated from um the
actual establishment sneaker heads um
there is a buffer there um my conc
concern is not so much the restaurant
operation or even having drinks during
lunch I'm not concerned about that my
concern is the after hours portion of it
um from 7 o'clock onward first off
there's nothing around that area that
would constitute a need for a lounge or
a nightclub atmosphere which is what's
from my understanding is being
presented
um and so uh
I'm concerned about what happens after
people have been consuming that much
alcohol over a length of time um in
vandalism and
trash um more concerned about the
vandalism than anything else that could
occur on to the storefront and I have a
rather wide
storefront um it's completely
inconsistent with what is already
established there you know a hair salon
for older women uh there's a daycare
Wick is in that building there's an
insurance office us and a nail care
place and then two churches around the
side and a Buddhist temple so I don't
understand why this
particular business or nightclub is in
that environment um like I said there's
nothing else around there that would
constitute a nightclub and that's really
in essence what this is so um I don't
begrudge them for their business I hope
they're successful
but I think that portion of it is what I
have the major objection to and all of
the um possibilities that can come with
that as I start looking down at the down
the road I see many uh perils that can
happen from that especially even though
um he stated that he was in involved in
an incident with other the other uh
Venture um but he was still a partial
owner of that um so that that raises
concerns why did he wait so long before
and have incidents occur why didn't he
step in
earlier
um so my I just I look at the perils or
the potential for disaster and I have
major concerns like I said I've been
there for a long time um in much sense
that the uh daycare is set up to cater
to children and parents um our business
relies heavily on older
um older people not the young crowd
that's going to be going to this thing
um if if an incident occurs especially a
violent incident in the parking lot and
that leaks out that will have a
devastating impact on us we will just
have people not come and um it could
take a while for us to actually feel
that impact um unlike the daycare where
the parents just take their kids out you
know and they feel that impact
immediately ours could be a more gradual
progression um I I was reading here all
of the uh um things that that they're
they're that they're saying that they'll
do and it says they high higher security
for Planned events what is a planned
event it's a nightclub so they're only
going to have Security on those nights
that they're having a comedian or a
superstar come in or whatever um is
that's the only time they're going to
hire security to come and stand there
and the cleaning it doesn't say anything
about cleaning the parking lot or the
sidewalks or any of that stuff every day
right they had their soft opening we
found you know I found stuff right in
front of our building and like I said
we're SE
segregated um I went over to the uh
where the patio is there's uh Post
Office boxes there there was empty empty
cup setting on top of those um where the
mailboxes are um so I'm I'm just
concerned that although this stuff is
being
said um that how long does that carry
forward and how is that blocked you know
without us coming here how do I prevent
them from impacting our business now
they did come down and talk to me and I
told them I really didn't have a concern
with what they were
doing
um of course I didn't know the extent of
it at that time
and um as long as it didn't impact me
but they had like I said they had the
soft opening I go out there I find trash
in front of my in front of my
storefront um that's a concern I'm
concerned about somebody throwing a beer
bottle through my plate glass
windows um so I like I said the
restaurant I have no problem with I
think that's a great idea even though
none of them's been successful there's
been four of them there since I've I've
been at the location
um that have failed they're the
fourth um the nightclub portion of it is
what I have a problem
with sir what are your hours of
operation we are open uh
8:30 is when I have my first people come
in at about 7:30 okay and okay thank you
any questions for the I'm
sorry are you open seven days a week
seven days a week
same
hours uh Saturday we uh open at the same
time we close uh at six o'clock on
Sundays um we're open from 10: to 4:
thank you how far away from you are from
the
approximately I think we wor three suits
down okay to the
South right so you were to the other
side of the daycare yes okay I was out
there this morning I just trying yeah
picture okay okay Co any other
questions Charlotte what were the hours
of the restaurant that was there
previously um I believe they closed at
10
o'clock so not a nightclub environment
at all not a nightclub environment at
all I mean you would see families going
in there um all that I mean the
advertising that was put out originally
it was rather
provocative um so they were certainly
going for a much younger Crow out in not
a family environment which is okay um I
just don't think it's appropriate
here the other restaurants had alcohol
though till 10 o'clock at night correct
they did yeah um just a like a
small it may have like two or
three uh tables in there and then uh you
could get drinks at your
table so okay thank you very much I
appreciate it anybody else in the
audience would like to comment on this
item if not I'm going to close the
floor okay um I'm going to start this
off a little bit I I think that there's
some legitimate concerns from the
neighbors and I do appreciate that I
also you know appreciate somebody trying
to come in and get a business where
there's you know if a business is
successful people will come from
different places I am concerned about
cleaning up some of the language a
little bit you know security things like
that
um I think a business won't be
successful
if you have problems people will stay
away no matter what um I think though
but we don't want to have the situation
where people hurt other businesses and
the daycare or The Woodworking things
like that as well so um I think I'd like
to tighten up the the stipulations as
much as we can um in terms of making
sure there's some assurances whether
it's I I guess good question is security
at events what does events mean I mean I
think that if you're attracting after 7
o'clock at night a different crowd than
just say a normal
restaurant um is there a way to make
sure there's security most most
establishments have some kind of
security if they're going to have
entertainment things like that um so I
don't know staff if you have any
recommendations in terms of stipulations
or tightening them up or
a step any step can get at it it's just
is it enforceable uh
so I think it's either cleaner to say
that it has to be provided from this
time to this time or
uh anytime that entertainment is
provided based on that definition of all
the different uses um but it is it's
going to be the enforcement of that
that's going to be really hard because
we don't have staff on available at 10:
p.m. at night when they're allegedly
having an entertainment event to go out
and verify that security is provided but
if you
do having a one-ear Time step and be
earlier than that I mean one year would
be there but if you had police reports
for example that you had an incident or
whatever that would get back I would
think that would get back to you guys in
terms of the use for if that's the case
ch that's correct but I don't know even
if we asked the the applicant then for
the security contract to verify that
they did or didn't have a security we
would the the presence of security or
not um would would not negate a police
report of an event um so in at the end
of the one year if there are police
events that have occurred there um it
would it would be regardless of if there
was security provided or not okay okay
comments from the
commission huh I have a concern because
while the liquor board does not consider
a school a preschool is a school so yes
by the letter of the law it's not a
school it's a school um so that's that's
my only
comment I guess I do have one additional
comment I I think we risk um
discriminating a specific use and now
we're we're now looking at any use that
wants to go to any restaurant and
basically saying well you're just a
restaurant so you're okay here or you're
just this I I fear that we're kind of
overreaching a little bit on adding all
these additional stipulations rather
than letting the process as it's written
here with 12 stipulations the additional
work that the applicant has put in with
the daycare to try to be a good neighbor
we have one year time time frame on it I
do feel like it would be worth it to see
how this goes um and word travels fast
complaints uh travel quickly I I just I
think collectively the all the
businesses within this complex if they
would like to they could easily organize
together speak with each other address
the owners up front and try to mitigate
some of these issues if they don't come
to any resolutions you now have a
collective group of people people that
are signing a petition of some sort to
engage with the city engage with whoever
code enforcement to to show proof that
theyve violated the intent of this
agreement so that's that's my comment on
this I I do accept the conditions as
they are and and feel comfortable with
this so just wanted to provide that
commentary other
comments I'm I'm going to disagree and
agree at the same time with your
comments so I think that there are
stipulations here I think there could be
a couple more tightened up a little bit
I think that you have 18-year businesses
20-year businesses that it could be
ruined in six months especially with
kids involved I think that I don't want
to jeopardize that I also want this
business to be successful that's why you
have hearings like this and making sure
the applicant fully understands even
though it's a one-year time step you
know if your point if there's a lot of
problems the daycare and other people
can come to the city and say hey wait a
second here these guys are not living up
to their intent the permit can be pulled
early that or hearing we pulled earlier
than that as well so um there's got to
be a balancing I I fully hear what
you're saying um and I I think that's
why we have these hearings again and why
we have applicants talk you know and
hopefully have assurances that they
fully understand that if they don't live
up to their part of the bargain that
their investment in this place would get
ruined you know the money being spent to
for TI and all the other things are
super important so um I I I would like
to add a couple I would like the
clarification
on security I don't really
see um on the
stipulations that security I think
security being supplied however that
terminology whether it's and they can
determine that whether you need one
person at the door you got a really hot
band that's there you might need three
or four people but for an event I think
the gentleman from The Woodworking I
think to clarify what's an event I mean
I guess any kind of performance some a
DJ playing music is not an event but a
comedians an event band's an event those
kinds of things that are truly Advanced
um I'd like to add a stipulation to that
there would be security supplied um I'd
also like to have a stipulation there
would be no smoking on this property
especially in the patio until at least
after 7 o'clock at night because that
playground for the kids is probably 25
feet 30 feet away something like that so
um but I do want the business to be
successful and I think that's important
but I think our job is as Commissioners
is to make sure that we don't just we
Safeguard the city and Safeguard the
businesses as well that are around there
and stuff so we've had cases over the
years Kyle that we've had some great
operators that have great we've had some
that come in and tell us that
everything's great then we get bit by it
so um that's my only Point um I I'll
make a motion I'm going to add a couple
of stipulations and we'll see where the
motion goes oh I'm sorry
absolutely um yeah to the end to your
point about um tightening up the
stipulations stipulation five outlines
the site shall be maintained in a clean
and orderly manner what I'm seeing above
outside of the stipulations um talks
about the maintenance crew for the
parking lot and Patio areas and I guess
I would what I'm hearing is that there
may be some other trash and things that
are happening I don't know if it's in
the breezeways or like the areas that
are in front of um
in front of the build or the shops I
would say so perhaps if you're looking
to upgrade that stipulation to be a
little bit more specific Beyond just
saying the site if the applicant is
agreeable to the parking lot and the
patio also to include the walkway
Breezeway areas in front that'd be my
comment so just upgrade it number five
uh add more detail to it so that it
reflects what I see above that is
outside of the stipulations yeah okay um
so yeah because it's in the narrative
but it's not in stipulations I think
that's super important as well so um so
I mean changing number five and we can
take a couple minute break and staff can
work up some steps too but um I also
like I said no smoking on the patio
before 7 o'clock just so that it doesn't
affect the daycare whatsoever I think
keeping it clean and I think some kind
of wording on security for events um
that occur um because again I think the
gentleman who is running this business
is wants to protect this business as
well so I think that's super important
so um staff you you want a couple minute
break just to work up a few things or Mr
chairman I think um we have uh a draft
steps based on your conversation and let
me read them to you sure read them back
to you that' be great so for step number
five currently it reads this the site
shall be maintained in a clean and
orderly manner and per commissioner
coals request we would revise that to
say the site including The Pedestrian
walkway in front of the shops and the
parking lot shall be maintained in a
clean and orderly manner okay does that
get to the request okay great okay um
stipulation number 11 as was discussed
uh to fix that typo or 10 my bad uh
stipulation number
10 um so the second sentence would read
speakers may be used on the outdoor
patio Sunday through Friday from 7:00
p.m. to 9:00 p.m. and Saturday and
Sunday from 11:00 a.m. to 11:00 p.m.
it's just um fixing that typo that was
mentioned sorry David I think you might
have said it a little bit
wrong Sun we wanted to say Sunday
through
Friday 7 p.m. to 9:00 pm. and then
Saturday 11:00 am to 11 pm thank you y
yes thank you you're getting used a lot
tonight Tom you're earning your keep
I'll talk to Kelly about you know
okay uh we would add a new stipulation
number 13 that would read smoking shall
be prohibited on the outdoor patio prior
to 7 pm on weekdays okay and number 14
would read security Personnel shall be
provided onsite during all events okay
commission okay with that I just I just
have one comment so if you can't smoke
in the patio where are you going to go
if people are going to want to smoke I
fear that
you at least have a way to contain the
smoking to a patio and I think that once
you say camping in the
patio where you go you have a daycare of
25 feet away with your playground so
limiting it to after seven o'clock at
night yeah gives that keeps it you know
what I'm saying so yeah okay real quick
for stipulation number five I didn't
hear anything about the patio being
maintained in a clean and Order manner
if we could add that in there I think
that would be beneficial thank you so
the site including The Pedestrian
walkway in front of the shops the patio
and the parking lot shall be maintained
in a clean and orderly manner thank you
and I think you can word the patio
surrounding the patio because the point
was there's stuff being left outside so
when I went out there somebody's going
to go out 10 feet away and whatever so
you just add that word wording in there
if you want to repeat it back David then
I'll I'll I'll be be glad to make the
motion once you get that one okay so
stipulation number five the site
including The Pedestrian walkway in
front of the shops the patio and the
area surrounding the
patio and the parking lot thank you
shall be maintained in a clean and
orderly manner I was trying to read my
chicken scratch
here okay thank you okay so I'm gonna
make the motion on this item um for find
the the number here
somewhere uh for PL H2
24-31 Sinker head Restaurant and Lounge
with stipulations read in by staff and
the stipulations that are already on the
one through it's now one through
14 David yes okay
okay okay I made the motion to have have
a second second okay any further
discussion okay all those in favor say I
I I I opposed any extensions n I'm
opposed I'm sorry I'm opposed you're
opposed okay fine so passes 5 to1 um so
to the audience we are a recommending
body to the city council when does this
go to
council so on November 7th the people
have another opportunity to address
Council they'll be the ones that make
the final decision on this so thank you
for coming out tonight um any other
comments for tonight anything from
staff anything from commission I saw you
guys's video
not bad not
bad which
video you should play it for
us is there singing
involved it's like the Full House oh
okay cool okay all right our next
scheduled meeting I can get to the right
agenda item
here uh cancel the next meeting is
canceled for November 6 or so our next
meeting is the 20th of November
that correct correct okay all right so
everybody have a great Halloween any
other comments from anybody you wanted I
just wanted to say real quick this
Saturday is um the annual for City day
and I don't know if anyone's had a
chance to participate in that in the
past but um it's a really great
opportunity to go into a neighborhood
and help to revitalize a variety of
homes so if you don't have a chance to
do it this year definitely look into it
for next fall it happens every October
so very cool event that people we have
sometimes like a thousand people come
into a neighborhood and Spruce up yards
and people who maybe don't have the
money to do it it's pretty cool so uh
yep and that night the usually Council
goes around to Neighborhood block
parties and they eat their way through
city of Chandler so anyway with that I
will journ