May 17, 2023 Planning &amp; Zoning Meeting - 05/17/2023

DAVID, THANK YOU VERY MUCH FOR YOUR SIX YEARS OF SERVICE.

UM, YOU WERE A GREAT ASSET TO THE, TO THE, UH, COMMISSION.

UH, WE'VE GOT A LITTLE PLAQUE HERE FOR YOU, PRESENTED TO DAVID ROSE, AN APPRECIATION FOR YOUR SEVEN YEARS OF DEDICATED SERVICE TO THE CITY OF CHANDLER PLANNING AND 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.

LOOK FORWARD TO, UH, NEXT, UH, OPPORTUNITY TO, TO ALSO, UH, SERVE IN SOME CAPACITY DOWN THE ROAD.

CHANDLER'S A GREAT CITY AND IT'S, UH, PLANNING AND ZONING DOES A LOT, I THINK, MORE THAN PEOPLE THINK.

AND IT WAS JUST A KIND OF A DREAM COME TOO TRUE CUZ 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.

UH, 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, IN HIS YEARS OF SERVICE.

DAVID HAS SEEN MANY PROJECTS PRESENTING 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, UH, DAVID HAS SEEN AS SHARE OF CONTROVERSIAL CASES.

SO BECAUSE IT IS A THANKLESS JOB AND, UM, I WOULD LIKE TO THANK, UH, DAVID ROSE, UH, FOR HIS SEVEN YEARS OF SERVICE AND ALL THE TIME THAT HE SPENT WITH THE PLANNING ZONING COMMISSION.

WE GOT SAY DAVID PHONE TO TAKE A PICTURE.

THANK.

THE ELECTION OF OFFICERS.

NEXT IT OF, OF BUSINESS IS

[2. Election of Officers Move Planning and Zoning Commission elect a Chair and Vice Chair of the Planning and Zoning Commission.]

WE HAVE A CHAIR AND A VICE-CHAIR, AND THE FIRST WOULD BE ELECTING A CHAIR.

DO I HAVE ANY NOMINATIONS? JURY? UM, MR. CHAIRMAN, I'D LIKE TO NOMINATE YOU FOR ONGOING CHAIR OF THE PLANNING AND ZONING COMMISSION.

DO I HAVE A SECOND? SECOND.

ANY DISCUSSION? ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? MOTION CARRIES.

SO THE, THE VICE CHAIR, I'M GONNA NOMINATE SHERRY TO BE OUR VICE CHAIR.

UM, AND WE NEED A SECOND FOR THAT.

YOU HAVE A SECOND? ANY FURTHER COMMENTS? OKAY.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? MOTION CARRIES.

WELCOME AS THE VICE CHAIR, SO, OKAY, GREAT.

THANK YOU GUYS.

ORDER OF BUSINESS IS WE HAD A STUDY SESSION.

UM, NEXT

[ 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.]

PRIOR TO THIS MEETING WE HAD ITEMS THREE, FOUR, AND SIX THAT WERE ON THE STUDY SESSION.

I BELIEVE THERE WAS AN ADDITIONAL STIPULATION.

AND ITEM NUMBER FOUR, HARLEY, IF YOU CAN READ THAT INTO THE RECORD, THAT'D BE GREAT.

THANK YOU MR. CHAIR.

UH, ITEM NUMBER FOR THE STIPULATION.

NUMBER FIVE.

THE ADDED STIPULATION READS ADDITIONAL TREES

[00:05:01]

OKAY, GREAT.

ITEM NUMBER FIVE IS MAR MARGARITA, SO WE CAN HAVE A STAFF PRESENTATION ON THAT.

ANY QUESTIONS FROM STAFF TO THE AUDIENCE? WE HA WE'LL, 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, UM, APPROVE THE CONSENT AGENDA ITEMS TWO, THREE AND 5 0 2, 3 AND SIX.

SORRY.

UM, CHAIR, I THINK THE NUMBERS ARE DIFFERENT ON THE REGULAR MEETING.

OH REALLY? I JUST WANNA MAKE SURE THAT WE ARE OH, I GOT THE REG.

YEAH, SO IT'S ITEMS ON THE REGULAR MEETING.

I'M SO SORRY.

IT'S OKAY.

IT'S FINE.

IT'S THREE, FOUR, AND SIX ON MY AGENDA WITH TO APPROVE CONSENT AGENDA WITH, UH, THREE, FOUR, AND SIX.

AND WITH THE ADDITIONAL STIPULATION WITH THE ADDITIONAL STIPULATION ON FOUR ON FOUR? CORRECT.

OKAY, GREAT.

OKAY, I'LL SECOND WE HAVE A SECOND, GREG.

ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE.

[5. Use Permit, PLH22-0061 Modern Margarita Plant Shops LLC, 4165 S Gilbert Rd. Suite #5, generally located ¼ mile south of the southeast corner of Gilbert and Ocotillo roads Move Planning and Zoning Commission recommend approval of Use Permit PLH22-0061 Modern Margarita Plant Shops LLC for live entertainment and outdoor patio speakers, subject to the conditions as recommended by Planning staff.]

THAT'D BE GREAT.

GOOD EVENING.

PLANNING AND ZONING COMMISSION.

THIS IS A PRESENTATION BY PLANNING STAFF FOR ENTERTAINMENT USE PERMIT P LH 20 2061 MODERN MARGARITA PLANT SHOPS, LLC.

THE SUBJECT PROPERTY IS LOCATED AT THE SOUTH OF THE SOUTHEAST CORNER OF GILBERT AND OCOTILLO ROAD ROAD AND THE REQUEST IS TO ALLOW FOR INDOOR LIVE ENTERTAINMENT AND OUTDOOR SPEAKERS.

THE PROPERTY IS ZONED P A D FOR COMMERCIAL DEVELOPMENT AND THE ZONING CODE REQUIRES AN ENTERTAINMENT USE PERMIT, APPROVAL FOR LIVE ENTERTAINMENT OR SPEAKERS PROVIDED OUTDOORS AND LOCATED WITHIN 1,320 FEET OR LESS FROM A RESIDENTIAL ZONED PROPERTY.

THEIR HOURS OF OPERATION ARE SUNDAY TO WEDNESDAY, 11:00 AM TO 10:00 PM THURSDAY FROM 11:00 AM TO 12:00 AM FRIDAY FR FRIDAY TO SATURDAY FROM 11:00 AM TO 1:00 AM AND THEIR HOURS OF LIVE ENTERTAINMENT ARE WEDNESDAY, SUNDAY TO WEDNESDAY, 8:00 PM TO 10:00 PM THURSDAY, 8:00 PM TO 12:00 AM FRIDAY TO SATURDAY, 8:00 PM TO 12:00 AM AND THE LIVE ENTERTAINMENT WILL INCLUDE AN INDOOR DJ AND OR LIVE MUSIC.

A NEIGHBORHOOD MEETING WAS HELD ON APRIL 6TH, 2023, AND A NOTICE WAS POSTED ON SOCIAL MEDIA VIA, VIA THE NEXT DOOR.

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, UM, 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.

YOU'RE WELCOME.

QUESTION I HAVE ON THE SPEAKERS THAT ARE OUTDOORS, ARE THE SPEAKERS MEANT JUST FOR AMBIENT KIND OF DINING TYPE MUSIC OR IS THAT MEANT TO LIKE BROADCAST THE INDOOR PERFORMANCE DURING ENTERTAINMENT? THANK YOU FOR YOUR QUESTION.

UM, FOR THAT I WOULD HAVE TO REFER TO THE APPLICANT FOR, TO ANSWER THAT QUESTION.

THE APPLICANT IN HERE.

YEAH.

WE'RE GONNA, WE'LL HAVE, WE'LL HAVE THE APPLICANT COME UP.

ANY OTHER QUESTIONS FOR STAFF? OKAY.

IF THE APPLICANT'S GONNA WANNA COME UP, COME UP AND MAKE YOUR PRESENTATION.

AND WE DO HAVE A SPEAKER CARD AS WELL FOR THIS, SO THANK YOU.

MY NAME IS KYLE MASON.

UH, 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 CHANNEL LOCATION, UH, THE SPEAKERS ARE FOR AMBIENT MUSIC, UH, DURING THE DAY, PARTS LUNCH, HAPPY HOUR, DINNERTIME.

UM, AND THEN IT IS USED FOR OUR, UM, ENTERTAINMENT DJ USE OR INTER, UM, OR ACOUSTIC SETS THAT WILL BE PLAYED.

UM, I DO HAVE AN ADDON TO THAT CAUSE 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 NIGHTTIME, UH, WITH OUR DJ PRESENCE.

AND THEN WE JUST KICK OFF A NEW BRUNCH WHERE WE DO AN ACOUSTIC SET DURING, UH, BRUNCH ON SATURDAYS AND SUNDAYS.

SO THAT'S THE

[00:10:01]

ONLY TIME WE'RE REALLY LOOKING FOR THE LIVE ENTERTAINMENT EXCEPT FOR SPECIAL EVENTS.

SYNCHRON MAYO, OBVIOUSLY NEW YEAR'S EVE, THINGS OF THAT NATURE.

UM, THAT WE WOULD KEEP EVERYTHING IN HOUSE, OBVIOUSLY, UM, NOT OUTSIDE THE PUBLIC OR, UH, ASKING FOR A, UM, EXTENSION OF PREMISE.

SO JEFF, DOES THAT ANSWER YOUR QUESTION? OKAY.

I, I DO HAVE A QUESTION IN TERMS OF THE SPEAKERS.

YOU ALSO HAVE GARAGE DOORS.

SO OBVIOUSLY IN THE SUMMER THE GARAGE DOORS WILL PROBABLY BE CLOSED, BUT IN THE WINTERTIME 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, ET CETERA, THEY'LL BE CLOSED, BUT MAJORITY OF THE TIME WE'RE TRYING TO KEEP 'EM 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 STEIN, IF YOU WANNA COME ON UP, YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD AS WELL.

THAT'D BE GREAT.

STAND BY .

MY DAUGHTER WANTS TO LIKE BE ON TV TOO, SO.

UM, SO MY NAME IS KRISTA BILSTEIN AND WE LIVE AT 30 21 SOUTH BIGHORN DRIVE IN CHANDLER.

AND THIS IS HANNAH.

UM, AND THANK YOU FOR YOUR SERVICE TO OUR COMMUNITY.

UM, WE LOVE MODERN MARGARITA AND WE'VE BEEN THERE SEVERAL TIMES, UM, SINCE IT'S OPENED IN SEPTEMBER.

UM, WE RIDE OUR GOLF CART.

WE JUST LIVE RIGHT ACROSS IN LAYTON LAKES AND, UM, 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.

UM, AND WE'RE EXCITED THAT THERE'S A LATE NIGHT HANGOUT IN OUR COMMUNITY.

UM, BUT WE JUST CAME BECAUSE WE HAD A DIFFERENT EXPERIENCE ON SATURDAY NIGHT, JUST THIS PAST SATURDAY NIGHT AND SAW THE, UM, 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 AMBIENCE.

I GET IT.

UM, 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 HIPHOP MUSIC, BUT THIS WAS DIFFERENT.

IT'S LIKE HE WAS GOING FOR SHOCK VALUE.

UM, I'M SURE THAT THE PEOPLE AT TRIST RIGHT ACROSS COULD HEAR, I'M SURE THAT THE PEOPLE THAT WERE ENJOYING, UH, UH, FROZEN YOGURT AT ZOE YO 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.

UM, 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.

UM, THE INDOOR, LIKE YOU SAID, IS OPEN TO THE OUTDOOR SLIDING AND ROLLUP DOORS.

IT'S NOT DOWNTOWN CHANDLER, IT'S RIGHT NEXT TO ZEO WHERE KIDS CELEBRATE BIRTHDAYS AND UM, GOOD GRADES.

AND YOU CAN SEE A C P HIGH SCHOOL FROM THERE.

UM, I CAN'T IMAGINE PEOPLE AT THE TRIS PATIO WANT TO HEAR THAT TYPE OF MUSIC.

I UNDERSTAND THAT YOU CAN'T, UM, YOU KNOW, IT'S AT THE DISCRETION OF THE BUSINESS, WHAT TYPE OF MUSIC THEY WANNA 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.

UM, 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, UM, 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, UM, 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, UH, 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, AND MAKE SURE THAT WE'RE NOT INFRINGING ON OTHER PEOPLE THAT, YOU KNOW, ARE IN THE PARKING LOT AND MAYBE DON'T WANNA HEAR THAT.

SO THANK YOU.

RIGHT.

ANY QUESTIONS FOR KRISTA? NO.

IN A MANNER THAT EXCEEDS THE GENERAL LEVEL OF NOISE BY USES OUTSIDE OF THE PREMISES OF THE BUSINESS AND DISTURBS ADJACENT BUSINESSES IN RESIDENTIAL AREAS.

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 WANNA READ DAVID OR, OR I APOLOGIZE MCKAY 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 CARRYING OVER INTO OTHER PROPERTIES? UM, SO IT'S THAT NO NOISE SHALL BE EMITTED FROM EXTERNAL SPEAKERS OR LIVE ENTERTAINMENT

[00:15:01]

YOU'RE WELCOME.

IF THE ATHLETIC ONE 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, 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 A, UH, ABSOLUTELY NOT.

UM, JUST LIKE ANY EVERYBODY ELSE, UH, UH, 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 WANNA 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 8:00 PM TRIS ACROSS THE STREET THAT SHE DESCRIBED CLOSES AT 8:00 PM UM, SO WE ARE VERY CONSCIOUS OF OUR COMMUNITY AND OUR SURROUNDING BUSINESSES.

UH, LIKE I SAID, WE'VE BEEN DOING THIS FOR 12 YEARS AND WE ARE ACTUALLY ON HIGH STREET IN PHOENIX.

UM, WE'RE WALL TO WALL NEXT TO BUSINESSES JUST LIKE ZOE THAT SHE DESCRIBED.

AND THEN IN 12 YEARS WE HAVEN'T HAD ONE COMPLAINT.

WE HAVE, UH, APARTMENT COMPLEX THAT LIVE ON OUR STREET, 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 A HUNDRED PERCENT SURE, BUT NO, TO ANSWER YOUR QUESTION, NO, WE DON'T FORESEE HAVING THAT KIND OF VULGAR LANGUAGE THAT SHE'S TRYING TO DESCRIBE.

UH, I'VE NEVER EXPERIENCED IT SINCE I'VE BEEN IN MY POSITION.

UM, AND THAT'S JUST NOT THE, THE AMBIENCE THAT WE'RE TRYING TO ATTRACT CUZ OBVIOUSLY, UM, WE WANT TO ATTRACT ALL PEOPLE, JUST NOT JUST ONE GENRE FROM BROCK, HIPHOP 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 INSTANCE LIKE THIS, YOU HAVE A DIFFERENT DJ, I, I TAKE IT YOU MAY NOT EVER BRING THIS OTHER DJ BACK , RIGHT? UM, WHO'S GONNA 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 IN HOUSE.

SO WE HAVE, UM, LUNCH MUSIC THAT IS PLAYED JUST DURING LUNCH LUNCHTIME.

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 ABOUT FIVE DIFFERENT SETS OF PERSONNEL THAT ARE IN MANAGEMENT THAT ARE ON PROPERTY.

TWO 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.

ANY QUESTIONS FOR THE APPLICANT? UH, WE'LL GO TO COMMISSIONER LOPEZ.

YEAH, I I 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, AGAIN, THE CONCERN WOULD BE TOO IS JUST THE VOLUME.

JUST MAKING SURE THAT IT'S APPROPRIATE FOR THE CENTER.

SOUNDS LIKE YOU ARE, YOU KNOW, LOOKING AT AND BEING, UH, A GOOD NEIGHBOR IN WAITING TO, YOU KNOW, TURN VOLUME UP UNTIL TRI IS CLOSED OR MANY OF THE OTHER, UH, PLACES HAVE CLOSED.

AND THEN IT BECOMES, CUZ THAT ALSO PROVIDES A LITTLE BIT OF AN ATTRACTION, RIGHT? 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.

YOU JUST, UH, UH, I LIKE HEARING THAT YOU WANT TO BE A GOOD COMMUNITY MEMBER AND, UH, AGAIN, IN THE FUTURE WE HOPE THAT, UH, YOU CONSIDER THAT WHEN, AGAIN, AS YOU'RE FEELING YOUR WAY THROUGH THE DEVELOPMENT HERE.

SO ABSOLUTELY.

AND SINCE WE'VE BEEN OPEN SINCE 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 A SOMETHING THAT HAPPENS QUITE OFTEN, UM, BUT WE WILL DEFINITELY, UM, BE MORE PROACTIVE IN, IN ADJUSTING THE TYPE OF, THAT'S WHY, THAT'S WHY I ASKED YOUR MANAGER ON SITE SHOULD HAVE THE REALM, THE SAY WHOA, STOP

[00:20:01]

RIGHT.

YOU KNOW, KIND OF THING.

SO, AND MY MANAGER ON SITE IS HE'S, UH, HE'S, HE'S TOTALLY PRO HIPHOP AND 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 HIM WHAT OUR MODERN MARGARITA VIBE IS LIKE.

SO NEVER GO WRONG WITH THE EIGHTIES MUSIC.

I'LL TELL YOU.

, JEFF.

THANK YOU MR. CHAIRMAN.

UH, YEAH, I'D LIKE TO ECHO, UM, COMMISSIONER LOPEZ, YOU KNOW, WE WANT TO HAVE 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 IT'S 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, A POLICE CALL FOR A NOISE COMPLAINT? IS THAT WHAT WHAT THE NEXT STEP WOULD BE TO THE CHAIR? UH, A BIT.

WE OBVIOUSLY AREN'T AVAILABLE AT 7:00 PM UM, EVEN AFTER FIVE.

SO IT WOULD ALWAYS KIND OF ORIGINATE AS, AS A POLICE CALL.

WE WOULD THEN GET FOLDED INTO IT, UM, KINDA THE NEXT DAY.

UM, OUR, IT'S, IT'S HARDWIRED INTO US TO REALLY SEEK COMPLIANCE AND, UH, 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 GO ON A PATH OF ENFORCEMENT, BUT IT WOULD START WITH A POLICE CALL, UM, IF IT'S AFTER HOURS AND THEN WE TAKE IT FROM THERE.

HOPEFULLY WE WOULD NEVER GET TO THAT, SO.

OH, ABSOLUTELY.

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, 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, AND THEY DON'T HAVE TO CONTINUE TO CALL THE POLICE AND HOPEFULLY THAT THAT RESOLVES THE ISSUE.

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 NEXTDOOR AND ALL THESE OTHER APPS, LIKE, OH, NOW WE'RE GOING BACK TO AGAIN.

SO THAT STIPULATION IS A GOOD STIPULATION TO HAPPEN 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, DJ RAPPING, HIP HOP DOESN'T HAVE TO HAVE EVERY FBO 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 FOR ACTION 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 TIMING STEP.

SO WHAT WOULD BE, AND I I HATE TO PUT A TIME STEP ON OUR, THESE GUYS HAVE BEEN GOOD.

YOU WERE DOWNTOWN CHANDLER OR YOUR, I KNOW YOUR PLACES.

SO I THINK MAKING YOU AWARE OF IT.

I THINK, YOU KNOW, WE DON'T WANNA 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 OF THE COMMISSION.

UM, SAME THING WITH COUNSEL.

SO BETWEEN NOW AND COUNSEL, 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, IT'LL CHANGE JUST FROM A PHONE CALL.

LIKE I SAID, IF I WOULD'VE KNOWN SOONER OTHER THAN FOUR HOURS AGO OKAY.

I WOULD'VE MADE THE CHANGE TO MY GENERAL MANAGER AND IT WOULD'VE BEEN FIXED LIKE THAT.

ANY OTHER QUESTIONS? OKAY, THANK YOU VERY MUCH.

I APPRECIATE IT.

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? I'LL MOVE FOR APPROVAL OF THE USE PERMIT, UH, P L H OH SHOOT, PUT MY GLASSES ON.

P H 2261 MODERN MARGARITA PLANT SHOPS, L L C 41 65 SOUTH GILBERT ROAD, SUITE NUMBER FIVE.

GENERALLY LOCATED QUARTER MILE SOUTH OF SOUTHEAST CORNER OF GILBERT NAOR.

I GOT A MOTION, I HAVE A SECOND, SECOND COMMISSION OVER THERE.

OKAY, COOL.

ANY OTHER FURTHER DISCUSSION? ALL THIS IN FAVOR SAY 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.

ANNOUNCEMENTS? NO, I JUST JUMPED IN FOR DAVID.

UM, ANY OTHER STAFF

[ Member Comments/Announcements]

GO FOR IT.

NO, .

I JUST WANTED TO WELCOME ON BEHALF OF STAFF, UH, WELCOME THE FORMER COUNCIL MEMBER OF RENEE LOPEZ, WHO THE COMMISSION.