May 17, 2023 Regular Meeting Minutes

Meeting Minutes
Planning and Zoning Commission
Regular Meeting

May 17, 2023] 5:30 p.m. gre
Chandler City Council Chambers Bore. CHANDLER
88 E. Chicago St., Chandler, AZ (| Community of Innovation
Call to Order
The meeting was called to order by Chairman Heumann at 5:30 p.m.
Roll Call
Commission Attendance Staff Attendance
Chair Rick Heumann Derek Horn, Director of Development Services
Vice Chair Sherri Koshiol Kevin Mayo, Planning Administrator
Commissioner Erik Morgan David de la Torre, Planning Manager
Commissioner Michael Quinn Lauren Schumann, Principal Planner
Commissioner Jeff Velasquez Alisa Petterson, Senior Planner
Commissioner Kyle Barichello Harley Mehlhorn, City Planner
Commissioner Rene Lopez Ben Cereceres, City Planner
Mika Liburd, Associate Planner
Tulili Tuitelelapaga-Howard, Planning Intern
Thomas Allen, Assistant City Attorney
Julie San Miguel, Clerk
Pledge of Allegiance

The Pledge of Allegiance was led by Commissioner Barichello.

Scheduled Appearances
1. Recognition of David Rose for his seven years of service as a member of the City of
Chandler Planning and Zoning Commission.

CHAIRMAN HEUMANN thanked David Rose for his years of service. He stated David was a great
asset to the to the Planning and Zoning Commission and presented a plaque in appreciation for

his seven years of dedicated service to the City of Chandler Planning and Zoning Commission on
May 2023.

DAVID ROSE Thanked the commission and stated it was an honor to serve and work with the
City of Chandler. He stated he is looking forward to serving again in some capacity down the
road, Chandler is a great city and Planning and Zoning does a lot more than people think. He
further stated being on the Commission was a dream come to true because he used to watch
the meetings with Jeff Kurtz years ago growing up. He thanked everyone again and stated it was
an honor.

CHAIRMAN HEUMANN thanked David Rose and his family for their service and mentioned
David's father is present and served the City in Parks and Rec.

DAVID DE LA TORRE, PLANNING MANAGER announced on behalf of the city of Chandler planning
staff, he would like to recognize David Rose for seven years of service on the Planning and
Zoning Commission. He explained in his years of service David has seen many projects
presented to the commission, both large and small, and has helped maintain Chandler's high
quality design standards for new developments. He stated being on the Planning and Zoning
Commission is not always an easy job and David has seen his share of controversial cases. He
further stated because it is a thankless job and staff 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.

Unscheduled Public Appearances

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

Action Agenda Item No. 2 and Discussion

2. ELECTION OF OFFICERS
Move Planning and Zoning Commission elect a Chair and Vice Chair of the Planning and Zoning
Commission.

Action Agenda Item No. 2 Motion and Vote
COMMISSIONER KOSHIOL moved to elect Rick Heumann as Chairman of the Planning and
Zoning Commission; Seconded by COMMISSIONER BARICELLO.

Motion carried unanimously (7-0).

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CHAIRMAN HEUMANN moved to elect Sherri Koshiol as Vice Chair of the Planning and Zoning
Commission; Seconded by COMMISSIONER VELASQUEZ.

Motion carried unanimously (7-0).

Consent Agenda and Discussion
3. Study Session and Regular Meeting Minutes of April 19, 2032, Planning and Zoning
Commission Meeting

Move Planning and Zoning Commission approve Planning and Zoning Commission meeting
minutes of the Study Session of April 19, 2023, and Regular Meeting of April 19, 2023.

4. PLH23-0016 AT&T EL LOBO WCF

Request for Use Permit approval to install a wireless communication facility. The property is
located on the north side of the Hartford and Fairview Street intersection, approximately
north of Pecos Road

Move Planning and Zoning Commission recommend approval of Use Permit PLH23-0016 AT&T
El Lobo WCF for the installation of a wireless communication facility, subject to the conditions as
recommended by Planning staff.

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

1. Expansion of the wireless facility or modification of the use beyond approved exhibits
shall void the Use Permit and require a new Use Permit application and approval, except
that any application for modification as an "eligible facilities request" under Section
6409(a) of the Spectrum Act of 2012 shall not require a new Use Permit application.

2. Use Permit does not constitute Final Development Plan approval. Compliance with the
details required by all applicable codes and conditions of the City of Chandler and this Use

Permit shall apply.

3. The facility pole that resembles a tree trunk shall use material and color that mimics tree
bark.

4. The color of the leaves on the facility shall closely resemble the color of the leaves of the
existing trees on the subject site.

** Note: Stipulation #5 was added due to discussions held by the Planning and Zoning
Commission this date.

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5. 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.

CHAIRMAN HEUMANN asked staff to read aloud the added stipulation.

HARLEY MEHLHORN, CITY PLANNER read aloud added Stipulation No. 5: 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.

6. PLH23-0028 MCCULLOUGH-PRICE HOUSE HISTORIC LANDMARK DISTRICT

Request for Landmark Designation for a building located at 300 S. Chandler Village Drive,
generally located west of the intersection of Frye Road and Chandler Village Drive, roughly %
mile south and west of Chandler Boulevard and Price Road.

Move Planning and Zoning Commission recommend approval of Ordinance 5053, PLH23-0028,
McCullough-Price House Historic Preservation District Landmark zoning overlay subject to the
conditions as recommended by Development Services staff.

The Development Services staff recommends the Planning and Zoning Commission move to
recommend approval of PLH23-0028, Ordinance 5053, Historic Preservation District Landmark
zoning overlay subject to the following conditions:

1, The property shall be subject to the General Design Guidelines for Historic Preservation
Districts and Landmarks.

Consent Agenda Motion and Vote

VICE CHAIR KOSHIOL moved to approve the Consent Agenda of the May 17, 2023, Regular
Planning and Zoning Commission Meeting, with stipulation 5 added to Consent Agenda Item No.
4; Seconded by COMMISSIONER MORGAN

Motion carried unanimously (7-0).

Action Agenda Item No. 5 and Discussion

5. PLH22-0061 MODERN MARGARITA PLANT SHOPS LLC

MIKA LIBURD, ASSOCIATE PLANNER, presented information regarding the request for an
Entertainment Use Permit approval to allow for indoor live entertainment and outdoor patio
speakers, located at 4165 S Gilbert Road, Suite 5.

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COMMISSIONER VELASQUEZ asked if the outdoor speakers are meant for ambient noise or do
they broadcast indoor performance during entertainment.

MIKA LIBURD, ASSOCIATE PLANNER stated she would like to refer that question to the Applicant
who is present and able to answer questions from the Commission.

CHAIRMAN HEUMANN confirmed there were no further questions for Staff and announced
there is a speaker card for this item. He asked the Applicant to come before the Commission for
his presentation.

KYLE MASON, APPLICANT introduced himself as president of Mill Avenue Management, the
parent company of Modern Margarita. He stated he is responsible for operations and with this
new build out at the Chandler location, the speakers are for ambiance music during the day,
lunch, happy hour, and dinnertime; then used for entertainment for DJ use or live acoustic sets.
He stated the prior presentation was inaccurate and they are only seeking live entertainment on
Friday, Saturday, and Sunday. He further stated Friday and Saturday nights will have a DJ
present, then there is brunch on Saturday and Sunday with an acoustic set. He explained these
are the only times for live entertainment except for special events like Cinco de Mayo and New
Year's Eve, things of that nature. He stated their intent is to keep everything in house, not
outside or asking for an extension of premise.

COMMISSIONER VELASQUEZ confirmed that this answered his question.

CHAIRMAN HEUMANN pointed out the restaurant has garage doors so obviously in the summer
they will be closed, but when they are open in the wintertime there will be outdoor speakers and
the music coming out as well.

KYLE MASON, APPLICANT confirmed this is correct. He stated they have patio heaters built in
and the whole concept is an indoor-outdoor patio restaurant bar. He further stated a majority of
the time they will try to have the garage doors open year-round weather permitting.

CHAIRMAN HEUMANN confirmed there were no questions from the Commission at this time
and announced there is a speaker card on this item. He stated the speaker will now present then
the Applicant can come back up to answer any questions.

KRISTA BILSTEIN, 301 S BIG HORN DRIVE thanked the Commission for their service to our
community. She explained her family loves Modern Margarita and have been there several
times since it's opened in September, they like it so much they purchased five gift cards for her
daughter's teachers. She stated what brought her before the Commission is the negative
experience, they had on Saturday night. She explained this past Saturday around 8:45 p.m. they
went to grab some chips, salsa, and a drink, but it was so loud on the outdoor patio they could
not even have a conversation. She stated they are already using the outdoor speakers and what

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made them feel uncomfortable was that the music was very inappropriate and profane. She
understands how some establishments want that kind of ambiance with a DJ and they have
heard all sorts of music including rap and hip hop, but this music was different, very extreme like
the DJ was going for shock value. She stated after the fourth inappropriate song in a row they
talked to the Dj, and they continued to play the same music. She further stated when they
brought up how uncomfortable the music was making them to the server, she advised that
others also felt uncomfortable including the servers. She presented concerns for the
surrounding businesses due to the location in a commercial strip center especially with the roll
up doors that they intend on keeping open. She stated she cannot image the customers at the
nearby businesses like the frozen yogurt shop or school wanting to hear that kind of music. She
explained she understood that it is their choice of music and the crowd they want, and she is not
suggesting that the Applicant change that, but she wonders if there is a stipulation that could be
added to make sure people who do not want to hear that kind of music do not have to hear it.
She further explained she is not opposed to the request; she would like consideration for the
patrons of nearby business who do not want to hear it. She advised that they are happy that the
establishment is close by and will continue to go to Modern Margarita, just not bring her family
at night again. She asked if a stipulation can be put into place so the can be good neighbors and
not infringe on others on the business center.

CHAIRMAN HEUMANN thanked the speaker and asked staff if they could read aloud the
stipulation regarding noise carrying over. He explained to the speaker there are usually
stipulation in terms of the noise carrying over that are in place throughout the city.

MIKA LIBURD, ASSOCIATE PLANNER read aloud Stipulation No. 4: No noise shall be emitted from
external speakers or live entertainment in such a manner that exceeds the general level of noise
by uses outside the premises of the business and disturbs adjacent businesses and residential
areas.

CHAIRMAN HEUMANN asked the Applicant to address the concerns brought up by the speaker.
He stated the music type does not matter and asked the Applicant to address the music with
profanity that is playing with the doors open in this family center with surrounding businesses.
He asked if that is considered normal or what we should expect.

KYLE MASON, APPLICANT stated absolutely not. He explained that the DJ is a contracted
employee, and they are trying to find one that fits their atmosphere and culture that they want
to present in the community. He further stated that they are conscious of their surrounding
community and the request is to play after 8:00 p.m. and the surrounding businesses close at
8:00 p.m. . He stated he has twelve years of experience and presented statements regarding
their location in Phoenix that is surrounded by many businesses and not have never had a
complaint. He stated it is not clear if the issue is about the sound or the about the lyrics, but we
do not foresee having any vulgar language as what was described. He further stated he has

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never experienced this since he has been in his position, and it is their intent to play a range of
music to attract all people just not just one genre.

CHAIRMAN HEUMANN asked who is going to be responsible to step in if the music is not
appropriate. He pointed out the DJ is contracted and asked if there was a manager.

KYLE MASON, APPLICANT stated everything that play is built in house so there is lunch and
happy hour music that is all just the click of a button but on Fridays and Saturday nights we have
a DJ. He explained there is a general and assistant general manager on site and key holders. He
further stated there are five different sets of management personnel on property any given time
that can help monitor this. He explained since this is a new establishment, he may need to lean
on them little bit more about the appropriate music that needs to be played.

COMMISSIONER LOPEZ stated this is the Applicant's business and they are going to need to
figure out the content of the music and that every demographic is different and South Chandler
is not Downtown Tempe. He further stated the biggest concern is the volume and to make sure
that its appropriate for the business center. He explained it sounds like the Applicant wants to
be a good neighbor by waiting for the nearby businesses to close as it becomes a little bit of an
attraction right when people observe music going on and see it is a good time but there must be
a balance. He liked that the Applicant said they want to be good community member and he
hopes the Applicant considers this while feeling their way through the development here.

KYLE MASON, APPLICANT stated absolutely and stated since we have been open since
September, this is the first complaint and it just happened Saturday. He further stated that he
wished he was aware of it sooner so he could have made an adjustment, but this is not
something that happens often, and they will definitely be more proactive and making adjusting.

CHAIRMAN HEUMANN stated the manager on site will need to stop that kind of thing.

KYLE MASON, APPLICANT stated the manager on site is into the hip hop and rap music culture,
and he will be sure to reel him in so everyone is on the same page.

COMMISSIONER LOPEZ pointed out you cannot go wrong with 80's music.

COMMISSIONER VELASQUEZ stated he understood that the Applicant is trying to be a good
neighbor and still feeling everything out and getting into the realm of managing this. He asked
staff in the event a noise complaint is made at the restaurant by the yogurt shop at 7:00 p.m.
and nothing happens, what is the next step. He asked is it a police call for a noise complaint.

KEVIN MAYO, PLANNING ADMINISTRATOR stated staff is not available at 7:00 p.m., so it could
kind of originated as a police call, then staff will then get folded into it the next day. He explained
its hardwired into staff to seek compliance and not down of enforcement until it's absolutely

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necessary; therefore, staff would exhaust every avenue possible to get the business into
compliance and only if staff could not they would go down the path of enforcement.

COMMISSIONER VELASQUEZ thanked staff and stated hopefully it will not get to that.

DAVID DE LA TORRE, PLANNING MANAGER added that 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 to any interested neighbors or property owners to resolve noise
complaints quickly and directly. He explained in the event, there is an issue, and the neighbor
calls police staff will find out the next morning. He further explained staff would want to connect
the resident calls with the Applicant's phone number so that if this happens again, there is direct
communication, and the issue can be resolved, and the resident does not have to continue to
call the police.

CHAIRMAN HEUMANN stated this whole thing is interesting because it shows how one person
can kill your business, just one bad DJ and people can turn to next door and all these other apps.
He further stated the stipulation is a good and if somebody calls or is there said something to
your manager, you are responsible enough to handle it. He explained rap and hip hop does not
have to have every F bomb in the world going on and there is lots of great hip hop without
things like that. He asked staff if there is a time stipulation on this item.

DAVID DE LA TORRE, PLANNING MANAGER stated there is no time stipulation.

CHAIRMAN HEUMANN stated he would not have to put a time stipulation on this as he is familiar
with the establishment as the Applicant used to be in downtown Chandler. He explained what a
time stipulation is to the Applicant and stated there is no sense to add it as the Applicant is
aware of the concerns of the commission and council.

KYLE MASON, APPLICANT stated he will take care of it and advised he wished he had known
about the complaint sooner.

CHAIRMAN HEUMANN confirmed there were no further questions or comments from the
Commission.

Action Agenda Item No. 5 Motion and Vote

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

Planning staff recommends Planning and Zoning Commission move to recommend approval of
the Entertainment Use Permit, subject to the following conditions:

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1. Substantial expansion or modification beyond the approved exhibits (Site Plan, Floor Plan
and Narrative) shall void the Use Permit and require new Use permit application and
approval.

2. The Entertainment Use Permit is non-transferable to any other location.
3. The site shall be maintained in a clean and orderly manner.

4. No noise shall be emitted from external speakers or live entertainment in such a manner
that exceeds the general level of noise by uses outside the premises of the business and
disturbs adjacent businesses and residential areas.

5. Music shall be controlled so as to not unreasonably disturb area residents and shall not
exceed the ambient noise level as measured at the commercial property line.

6. The establishment shall provide a contact phone number for a responsible person (i.e. bar
owner and/or manager) to any interested neighbors or property owners to resolve noise
complaints quickly and directly

COMMISSIONER LOPEZ moved to approve Action Agenda Item No. 5 of the May 17, 2023,
Planning and Zoning Commission Meeting; Seconded by COMMISSIONER BARICHELLO.

Motion unanimously (7-0).

Member Comments/Announcements
DAVID DE LA TORRE, PLANNING MANAGER welcomed on behalf of staff, former Council
Member, Rene Lopez, to Planning and Zoning Commission.

CHAIRMAN HEUMANN welcomed Commissioner Lopez and stated he will be a good addition.

COMMISSIONER LOPEZ stated when he was saying his farewell to council, he also said that he
was not leaving.

CHAIRMAN HEUMANN wished everybody a safe Memorial Day and to honor this country by
remembering the reason why we have Memorial Day.

Calendar
The next regular meeting will be held on Wednesday, June 7, 2023, in the Chandler City Council
Chambers, 88 E. Chicago Street.

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Adjourn
The meeting was adjourned at 5:56 p.m.

Kevin Mayo, Secretary Rick Heumann, Chairman

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