Development Review Commission Meeting - December 8, 2020
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Development Review Commission Meeting - December 8, 2020
The Development Review Commission of Tempe, Arizona, held a regular meeting on December 8, 2020, at 1:15 PM UTC. The meeting included approval of previous meeting minutes, a consent agenda covering five items, and public hearings on two use permit requests. The Commission deliberated on a wall height increase for a residence and a temporary outdoor vending operation for a mobile commissary kitchen. All actions were final subject to appeal within 14 calendar days.
Consent Calendar
- Approved the Development Review Commission study session and regular meeting minutes from November 10, 2020, with a vote of 5-0 (two members abstained).
- Approved unanimously (7-0) the consent agenda, which included the following items without separate public hearing:
- Belec Residence: Use Permit to increase front yard wall height to 5 feet 6 inches and reduce front yard setback from 20 feet to 16 feet.
- Robertson Residence: Use Permit to allow required parking within the front yard setback.
- Skywater Smoke Shop: Use Permit to allow a tobacco retailer.
- Fry's 607 Fuel Center: Use Permit for a fuel center in PCC-1 district and Development Plan Review for a 1,066 sq ft sales kiosk and 5,418 sq ft fuel canopy.
- Quantum Surgical Center: Use Permit to reduce minimum parking setback from 20 feet to 18 feet and Development Plan Review for a 7,800 sq ft surgical center.
Public Comments & Testimony
- No public comments were made during the hearing for either the Antoniello or Reef Kitchens items. One written comment in support of the Antoniello fence was received from a neighbor (on Pecon Grove Circle) after the staff packet was prepared, but was noted by staff.
Discussion Items
- Antoniello Residence (PL200209): Request for a Use Permit to increase the maximum height of walls/fencing within the required front yard building setback from 4 feet to 6 feet at 616 East Carver Road. The applicant, represented by Cassandra Ayers of Beus Gilbert McGroder, PLLC, proposed a solid wall with brick veneer and decorative Victorian wrought iron view fencing (approximately 3 feet solid, 3 feet view). The wall was partially constructed before the permit was sought; no citations were issued. The applicant stated the fence would provide a buffer from the busy road and security for pets, and would blend with the neighborhood's custom homes. Staff reported no opposition and recommended approval. The Commission questioned the impact on adjacent neighbors' views (no feedback received) and the construction timeline. The item was approved unanimously (7-0).
- Reef Kitchens (PL200253): Request for a Use Permit to allow temporary outdoor vending (commissary kitchen) at 830 West Broadway Road, adjacent to Friendly Market convenience store. The applicant, Kelly Milligan of Reef Kitchens, described a 24-foot tow-behind food trailer (vessel) that would prepare food for third-party delivery services only (DoorDash, Uber Eats, etc.), with no walk-up sales. Proposed hours: 11:00 AM to 2:00 AM, with two employees on site and 15-18 total staff. The site would have power and water connections, avoiding a generator. Staff recommended approval with conditions, including that the vessel be located in Option 1 (west of the store) and that no seating be provided. Concerns were raised by Commissioners about parking (only 10 spaces required, 11 provided, but the vessel would reduce available spaces), traffic generation (15-20 deliveries per hour during peak), proximity to single-family homes (30 feet away), and late-night operations. The applicant offered to adjust delivery zones to manage traffic. After discussion, the Commission added Condition #11 requiring a compliance review within six months of full operation. The motion passed 6-1, with Commissioner Sumners dissenting.
Key Outcomes
- Antoniello Residence: Approved 7-0. Condition: Planning inspection at completion of the project.
- Reef Kitchens: Approved 6-1 (Commissioner Sumners opposed). Approved with standard conditions plus Condition #11: return to the Development Review Commission for review of compliance within six months of full operation. The review may consider modifications to any conditions, including hours of operation, parking, or nuisance issues. The use permit is valid for the site and can be transferred administratively.
- Next regular meeting: January 12, 2021.
Meeting Transcript
All right, ladies and gentlemen, let's call this meeting to order. Welcome to Development Review Commission for December 8th, 2020. Um the Development Review Commission is created to hold public meetings and hearings to provide analysis and recommendations to the city council regarding general land use policies and applications where the commission has recommendatory power and to render final decisions on sp on specified applications where the commission has final decision making power, including but not limited to all aspects of a proposed and future development. The development review commission recognizes that the creation of a desirable environment throughout the city for residents, business, and industry is a prime requisite for the interdependence of land values, aesthetics, and good site planning by promoting harmonious, safe, attractive, and compatible development that is therefore considered to be in the best interest of public health, safety, and general welfare. Any person aggrieved by a final decision of the development review commission may file an appeal to the city council within 14 calendar days after the development review commission has rendered its decision. Okay. Got through our preamble there. Folks, we have with us tonight on our commission. Um Commissioner Barbara Lloyd, Commissioner Don Cassano, uh, Vice Chair Michael D. Dominico, I am Chairman David Lyon. We also have with us Commissioner Scott Sumners, Commissioner Phil Amarosi, and Commissioner Andrew Johnson. Joining us by way of city staff, we have uh some here with me in the room. Miss Saparna Daskupta, Joanna Barry, Steve Abrahamson, and we also have joining us by way of uh the computer, Mr. Ryan Levake, Lee Jimenez, Robbie Aaron, and Dalton Guerra. Uh first item on our agenda tonight is a consideration of meeting minutes from our November 10th meeting, uh, both study session and regular meeting. We have uh examined those and we didn't find any um any edits to be made to those meetings, uh to those minutes, rather. Uh so we will consider them as written. So, Commission, can I hear a motion regarding the approval of study session and regular meeting minutes for November 10th? Mr. Chairman, this is Commissioner Cassano. I would make a motion for approval of the Development Review Commission study session of November 10th, 2020, and the Development Review Commission regular meeting of November 10th, 2020. All right, thank you, Commissioner Cassano. Do I hear a second, please? Second. Okay. So motion to approve from Commissioner Cassano and seconded by Commissioner Amarosi, I believe. Yes. All right, thank you. Commissioner Lloyd, how do you vote? I am abstaining. I was not at that meeting. Okay, as I expected. Thank you. Commissioner Cassano. Aye. Vice Chair Dominico? Abstain. I vote aye. Commissioner Sumner's. Aye. Commissioner Amarosi? Aye. And Commissioner Johnson. Aye. All right, so the motion passes 5-0 with Commissioners Lloyd and Vice Chair D. Dominico abstaining. All right, so folks, let's move on now to our consent agenda. Um, we have reviewed our agenda of cases here and found all but two seem to make a good fit for our consent agenda. Um we plan on uh having the Bellick residence, Robertson residence, Skywater Smoke Shop, Fry's Fuel Center, and Quantum Surgical Center on consent, unless we hear otherwise. Um so the question is Is there anyone with us that wishes to have any of those cases heard?
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