Planning and Zoning Meeting 5-17-23

I'm good
it's a book called the obstacles
the obstacles
I think it's like 10 A.M
thank you
foreign
yeah
good evening welcome to the planning
zoning commission hearing for the
regular meeting for May 17th can I have
a roll call please
here commissioner Morgan here
commissioner kosher here commissioner
Quinn here commissioner Velasquez here
commissioner Barry kello here
commissioner Lopez here we have Quorum
great thank you first order business
Pledge of Allegiance commissioner Kyle
if you'd like to leave us that'd be
great
I pledge allegiance to the flag the
United States of America and to the
Republic for which it stands one nation
under God indivisible with liberty and
justice for all
thank you very much
our next item I'm going to come around
the other side I'll grab the mic
okay
all right if I could have a former Vice
chair of the commission and miss David
Rose to come on up
okay
David thank you very much for your six
years of service you were a great asset
to the to the commission we've got a
little plaque here for you presented to
David Rose in appreciation for your
seven years of dedicated service to the
city of Chandler planning zoning
commission may 2023 so
thank you would you like to say a few
words oh sure
thank you very much Rick it was an honor
uh serving and working with the city of
Chandler I look forward to uh next uh
opportunity to also
uh serve in some capacity Down the Road
Chandler is a great City and it's uh
Planning and Zoning does a lot I think
more people think and it was just a kind
of a dream come too true because I used
to watch uh watch years ago growing up
uh Jeff Kurtz and and the big vocabulary
enhancement that's what I would call it
I'd write some of these big words down
and figure out what they were but it was
an honor thank you so much
and your family has a history in
Chandler too your Dad's here who served
on Parks and Rec for a very long time we
appreciate your service as well and
stuff so staff you have some comments
yes Mr chairman on behalf of the city of
Chandler planning staff I would like to
recognize David Rose for seven years of
service on the Planning and Zoning
Commission in his years of service David
has seen many projects presented to the
commission both large and and small and
has helped maintain Chandler's high
quality design standards for new
developments being on the Planning and
Zoning commission is not always an easy
job and it's a very thankless job and
David has seen his share of
controversial cases so because it is a
thankless job and I would like to thank
David Rose for his seven years of
service and all the time that he spent
with the Planning and Zoning commission
thank you
phone to take a picture
okay
next side of our business is the
election of officers we have a chair and
a vice chair
and the first would be electing a chair
do I have any nominations sure
Mr chairman I'd like to
for ongoing chair of the Planning and
Zoning commission okay do I have a
second second okay any discussion
all those in favor say aye aye
aye aye any opposed motion carries so
it's the vice chair I'm going to
nominate Sherry to be our vice chair
um and we need a second for that
give a second any further comments okay
all those in favor say aye aye
aye any opposed motion carries thank you
welcome as the vice chair so great thank
you guys okay
um next order of businesses we had a
study session prior to this meeting
we had items three
four
and six and we're on the study session I
believe there was an additional
stipulation and item number four Harley
if you can read that into that record
that'd be great thank you Mr chair on
item number
for the stipulation number five the
added stipulation reads additional trees
of similar species to the existing trees
within the Basin shall be planted
between the adjacent right-of-way and
the stealth Tower
great thank you thank you any questions
from staff to the audience we will we'll
vote on these three items with one
motion is there anybody in the audience
who'd like a hearing on any of those
three items
okay see not do I have
um well item item number five is on
action so which is the Modern Margarita
do I have a motion from Commission
chair I'll move to approve the consent
agenda items two three and five
two three and six
sorry um
chair I think the numbers are different
on the regular meeting oh really I want
to make sure that we are
I got the record yeah so it's items on
the regular meeting it's okay that's
fine it's three four and six on my
agenda go to approve consent agenda with
uh three four and six and with the
additional stipulation with the
additional stipulation on
report on four correct right
second we have a second good any further
discussion
all those in favor say aye aye
aye opposed great motion carries
okay item number five is Martyr
Margarita so we can have a staff
presentation on that be great
good evening Planning and Zoning
Commission this is a presentation by
planning staff or entertainment use
permit
plh220061 Modern Margarita plant shops
LLC
the subject property is located at the
south of the southeast corner of Gilbert
and Ocotillo Road and the request is to
allow for indoor live entertainment and
outdoor speakers
the property is Zone pad for commercial
development and the zoning code requires
an entertainment use permit approval for
live entertainment for speakers provided
outdoors and located within 1 320 feet
or less from a residentially zoned
property
their hours of operation are Sunday to
Wednesday 11 A.M to 10 pm
Thursday from 11AM
to 12 a.m Friday
from Friday to Saturday from 11AM to 1am
and their hours of live entertainment
are Wednesday Sunday to Wednesday 8 pm
to 10 pm Thursday 8 PM to 12 am
Friday to Saturday 8 pm to 12 a.m and
the live entertainment will include an
indoor DJ and or live music
a neighborhood meeting was held on April
6 2023 and a notice was posted on social
media via VIA the Nextdoor app staff has
not received any opposition however we
are aware that the chairman has been
contacted by a resident with some
concerns
staff recommends approval as it is in
conformance with the general plan and
existing zoning
and the and it is compatible with
surrounding land uses
but the approval um the use the use
permit would be with stipulations
this end staff's presentation and is now
open for any questions or comments
any questions for staff Jeff I do Mr
chairman uh thank you for the
presentation the question I have on the
speakers that are Outdoors are the
speakers meant just for ambient kind of
dining type music resentment to like
broadcast the indoor performance during
entertainment thank you for your
question for that I would have to refer
to the applicant for him to answer that
question
any other questions for staff
okay if the African want to come come up
and make your presentation
we do have a speaker card as well for
this though
thank you my name is Kyle Mason my
position is president of Mill Avenue
management the parent company of Modern
Margarita Concepts so I oversee all
operations on that standpoint
um so with this uh new build out in the
Chandler location uh the speakers are
for ambient music uh during the day
Parts lunch happy hour dinner time
um and then it is used for our
um entertainment DJ use our inner
um
or acoustic sets that will be played
um I do have an add-on to that because
we are the hours of operation she's
looking for the live entertainment is a
little bit inaccurate we're only looking
for Friday Saturday and Sunday Friday
and Saturday just at night time with our
DJ presents and then we just kicked off
a new brunch where we do an acoustic set
during uh brunch on Saturdays and
Sundays so that's the only time we're
really looking for the live
entertainment except for special events
Cinco de Mayo obviously New Year's Eve
things of that nature
um that we would keep everything
in-house obviously not outside the
public or asking for a
um extension of premise
so
Jeff does that answer your question okay
I do have a question in terms of the
speakers you also have garage doors so
obviously in the summer the crosshairs
will probably be closed but in the
winter time and stuff will the garage
doors be open so the music's coming you
won't just be speakers it'll be just
coming out as well correct
um we do have patio heaters built in as
well so
um our whole concept is an indoor
outdoor patio restaurant bar so the
garage doors obviously with rain Etc
will be closed but majority of time
we're trying to keep them up uh year
round
other questions for the applicant
okay I do have a speaker card then maybe
you'll be able to come back up and
answer some of the questions from
perfect so
um Krista Bilstein if you want to come
on up
you could state your name and address
for the record as well that'd be great
my daughter wants to like be on TV too
so okay that's all it's all good right
so my name is Krista bill
zero two one
two one one Drive in Chandler and this
is Hannah and thank you for your service
to our community we love Modern
Margarita and we've been there several
times since it's opened in September we
ride our golf cart we just live right
across in Layton lakes and I got gift
cards for Hannah's five teachers to
Modern Margarita because we love a good
modern or a good margarita after after
teaching right and we're excited that
there's a late night hangout in our
community
um we just came because we had a
different experience on Saturday night
just this past Saturday night and saw
the sign posted about this public
hearing so we went um Saturday night
Hannah and my husband and I
um got there about 8 45 just gonna grab
some chips and salsa and a drink it was
so loud on the outdoor patio we couldn't
even have a conversation
um there's already outdoor speakers out
there uh what made us really
uncomfortable because I know that people
go to Hash kitchen and places like that
to have you know that kind of ambiance I
get it the music that the live DJ was
playing so I think they're already doing
this I'm not sure
um was very profane and inappropriate
and I've heard all sorts of rap and
hip-hop music but this was different
it's like he was going for shock value
um I'm sure that the people at Tris
right across could hear I'm sure that
the people that were enjoying a frozen
yogurt at Zoyo could hear this after the
fourth song in a row like this my
husband just politely asked the DJ some
questions
um he came over saw that we had a kid
and maybe it's just not the place for us
to bring family to and the next song was
just the same we asked the server for
our check and just told her hey we felt
a little uncomfortable with the music
she said oh well you're not the only one
that feels uncomfortable the servers
feel uncomfortable with the music that
was being played
um my concern is just that Modern
Margarita is quite small and it's in a
commercial strip center the indoor like
you said is open to the outdoors sliding
and roll up doors it's not downtown
Chandler it's right next to Zoyo where
kids celebrate birthdays and good grades
and you can see ACP High School from
there
um I can't imagine people at the Tres
patio want to hear that type of music I
understand that you can't
um you know it's not the discretion the
business what type of music they want to
play and what crowd they cater to so I'm
not suggesting you know that they
necessarily change that I just won't
bring my family at night anymore I'm
happy to still enjoy it during the week
but I just wonder if there's some type
of stipulations to make sure that people
who don't want to hear that music if
you're walking you know in the area or
coming out of EOS Fitness that we don't
have to to hear that if we don't want to
um or what you know what the noise
levels would be because of the indoor
outdoor type of feel so we're not
necessarily opposed to their request
again we're happy that there's a place
that we can drive our golf cart to go
hang out just
um I guess surprised about it because it
seems like that's what they're already
doing and wondering like what
stipulations can be put into place um so
that we can all just be good neighbors
and make sure that we're not infringing
on other people that you know are in the
parking lot and maybe don't want to hear
that
so thank you
thank you any questions for Krista
no great thank you very much staff so in
terms of I know there's a stipulation
about the noise not carrying over I mean
do you want to read David or
I apologize
thank you if you want to the stipulation
in terms of the noise carrying over we
have stipulations throughout the city
what is the stipulation in terms of the
noise caring over into other properties
um so it's that no noise shall be
emitted from external speakers
in a manner that exceeds the general
level of Noise by uses outside of the
premises of the business and disturbs
the Json businesses in residential areas
okay thank you it's the athlete when it
comes back up and address a couple of
the issues
um
one again rap Jazz Rock whatever that
doesn't matter but can you address the
fact if you have somebody working there
and you know with the doors open you've
got other restaurants around there that
the profanity and things like that that
would this is a family center basically
um I've been to your restaurants in
other places so can you address that and
what would you guys is that the normal
thing we're gonna expect or oh no not uh
absolutely not
um
just like any other buddy else a DJ is a
contracted employee at the end of the
day
um so we're trying to find the correct
ones that fit our atmosphere uh our
culture that we kind of want to present
to their community at the same time
um my only question is is that we only
have them playing at a certain time so
the noise ordinance um that we play is
after 8 pm
tourist across the street that she
described closes at 8pm
um so we're very conscious of our
community and our surrounding businesses
uh like I said we've been doing this for
12 years and we're actually on High
Street in Phoenix
um we're wall-to-wall next to businesses
just like Zoyo that she describes and
then 12 years we haven't had one
complaint we have uh apartment complexes
that live on our street it's never once
complained
um I don't know if this is an issue
about the lyrics the verbiage that is
being used or if this is a
a noise ordinance I'm not 100 sure but
no to answer your question no we don't
foresee having that kind of vulgar
language that she's trying to describe
I've never experienced it since I've
been in my position and that's just not
the the Ambiance that we're trying to
attract because obviously we want to
attract
all people just not just one genre from
Brock hip hop Soul whatever the case may
be we play a whole range of music that's
why the DJs are there for
um to help provide that service for us
so let me ask you a question if you have
a you know DJs or contracted employees
and you must have a manager on site as
well right if you have an incidence like
this you have a different DJ I I take it
you may not ever bring this other DJ
back right
um who's going to be responsible to say
whoa hold on you got the yogurt place
next door you know the music's great but
you know that's not what the atmosphere
we're trying to to address so we do all
all of our programs so everything that
we do is built at house so we have
um lunch music that is played during
lunch lunch time we have happy hour and
it's all just a click of a button so we
build the playlist out
um the only differences on Fridays and
Saturday nights when we have a DJ so yes
we do have a general manager and
assistant general manager and we have
key holders we have all five different
sets of personnel that are in management
that are on property to maybe at any
given time but we have so many people
there that can help monitor this
um but I think I just need to since it's
a new establishment maybe lean on them a
little bit more about the appropriate
music that needs to be played okay
okay great any questions for the
applicant we'll go to commissioner Lopez
yeah again your business and and and the
the content of the the music you have
again you're gonna have to figure that
out as as again every demographic is
different you know again Southern
Chandler is not the same as downtown
Tempe so uh again you'll eventually find
the way um I think the biggest I get the
concern would be too is just the volume
just to make sure that it's appropriate
for the center sounds like you are you
know looking at and being a good
neighbor in waiting to you know turn
volume up until Tris is closed or many
of the other uh places have closed and
then it becomes because that also
provides a little bit of an attraction
right when people see music going on and
it's a it's a good time of being had
everybody wants to join in so
um but that's that balance so you just
uh I like hearing that you want to be a
good Community member and uh again in
the future we hope that you consider
that when again as you're feeling your
way through the development here so
absolutely and since we've been open
September
um and this is the first complaint as
she said this just happened this
Saturday
um I wish I was aware of it sooner that
I could have made an adjustment but I
just heard about it about four hours ago
um so like I said this isn't something
that happens quite often
um but we'll definitely
um be more proactive and adjusting the
type of
way that's why I asked your manager on
site should have the realm the safe Whoa
stop
right kind of thing and my manager on
site is
he's uh he's he's totally Pro hip-hop in
rap music and that culture and it's
something that he's kind of a big fan of
so I'm just gonna have to kind of reel
him in and um kind of give them what our
Modern Margarita Vibe is like so never
go wrong with the 80s music
[Laughter]
yeah
thank you Mr chairman uh yeah I'd like
to Echo commissioner Lopez you know we
want a Good Neighbor policy and we're
probably feeling everything out and
you're probably getting into the realm
of kind of managing this I guess the
question I would have probably for staff
would be
in the event that this situation took
place and you were a business two doors
down and you had a noise complaint you
went over and asked
to turn down and maybe at 7 00 PM or
whatever and you're still operating as a
yogurt shop or whatever it is I guess
the next and nothing happens is it a
police call or a noise complaint is that
what the next step would be
to the chair uh a bit we obviously
aren't available at 7 pm even after five
so it would always kind of originate as
a police call we would then get folded
into it kind of the next day
um our it's hardwired into us to really
seek compliance and not go the path of
enforcement until it's absolutely
necessary so we would exhaust every
Avenue possible to to get them into
compliance and uh and only if we
couldn't get there would we code on a
path of enforcement but it would start
with the police call it um if it's after
hours and then we take it from there
okay thank you hopefully we'll never get
to that so oh absolutely thank you if I
may add to that uh Mr chairman
um there is a stipulation that is being
proposed that says the establishment
shall provide a contact phone number for
the responsible person for a responsible
person uh to any interested neighbors or
Property Owners to resolve noise
complaints quickly and directly so in
the event there is an issue you know the
neighbor calls police we we find out
about it the next morning then we would
want to connect
um the resident who called with with the
applicant's phone number so that if this
happens again there's a direct
communication there and they don't have
to continue to call the police and
hopefully that that resolves the issue
okay you know it the whole thing's
interesting because there wasn't a
problem you get one bad DJ you know one
person can kill your business real quick
if people you know with next door and
all these other apps like oh never going
back there again so that stipulation is
a good stipulation to have in there that
you know I I think what I would ask is
that if somebody's there or says
something to your manager or somebody
calls that you guys are responsible
enough to say hey wait a second here you
know rapping wrapping hip-hop doesn't
have to have every F-bomb in the world
going on there's lots of great hip-hop
and things like that so
um I just think that's one of the things
pulling this reaction to you here you
understand it we don't have a time step
on this thing do we know David there's
no we
that's correct currently there is no
proposed time instead so what would be
and I hate to put a Time step on our
these guys have been good you were
Downtown Chandler or I know your places
so I think making you aware of it I
think you know we don't want to have a
situation so sometimes we put a Time
step you have to come back in a year and
it's kind of a pain really doesn't make
any sense but having you understand what
the concerns are the commission
um same thing with Council so between
now and Council I would hope that you
know that DJ doesn't come back and your
managers understand it's like you know
so okay it'll change just from a phone
call like I said if I would have known
sooner other than four hours ago okay I
already made the change to my general
manager and it would have been fixed
like that okay good okay we appreciate
that okay any other questions okay thank
you very much I appreciate it all right
thank you anybody else in the audience
have on this item that wants to talk
okay great
so with that what's the pleasure of
commission
so I'll move for approval
of the use permit uh plh oh shoot my
glasses on
plh22-061 Modern Margarita plant shops
llc-4165 South Gilbert Road Suite number
five generally located quarter mile
south of Southeast corner of Gilbert
Nocatee Oro right I got a motion driver
a second
second question over there okay cool any
of the further discussion all this in
favor say aye aye aye opposed thank you
and thank you we look forward to the
restaurant being very successful but at
least now you know some of the concerns
and stuff so that'd be great okay
um any other staff announcements
go for it
I just wanted to welcome on behalf of
Staff uh welcome to former council
member Renee Lopez through the
commission
earlier during the study sessions I know
commissioner Lopez will be a good
addition we won't Banner too much in ASU
U of A since he has one kid that did go
to ASU so he's got a little blood in him
that way so and as as I said when I was
saying make farewell I said I wasn't
leaving so
you'll be a good addition so the next
study session will be held before the
regular meeting on Wednesday June 7th in
this council chambers
um so we won't meet again through after
until after Memorial Day so everybody
have a safe Memorial Day
um and honor of this country by the
reason why we have a memorial day
everybody have a great night
thank you