Development Review Commission Regular Meeting - January 12, 2021
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Development Review Commission Regular Meeting - January 12, 2021
The Tempe Development Review Commission met virtually on January 12, 2021 to act on a consent agenda, hold a public hearing on a proposed recreational marijuana ordinance (Proposition 207), and consider a use permit for a two-story residence in The Lakes subdivision. The meeting lasted approximately 90 minutes.
Consent Calendar
- Whataburger Tempe (PL200246) – Use permit for a restaurant with drive-through and development plan review for a 3,751 sq ft building at 1800 West Elliot Road. Approved 7-0.
- Rao Residence (PL200266) – Initially placed on consent but pulled after a public request to hear the item. Later heard separately and approved 7-0 (see below).
Public Comments & Testimony
- Marijuana Ordinance (PL200301): Two written comments were read into the record:
- A representative from Harvest Health & Recreation expressed support for the proposed code text amendment, noting the thoughtful approach to zoning buffers and the opportunity for dual licenses.
- Arizona State University President Michael Crow submitted a letter urging the city to prohibit marijuana establishments altogether, or at minimum limit new establishments to the current number, keep them away from the ASU campus, and ban recreational marijuana use in businesses on Mill Avenue and adjacent to campus.
- Rao Residence: A member of the public (Connie Dunham) asked to hear the presentation; no public testimony was given during the hearing.
Discussion Items
- Approval of Minutes (December 8, 2020): Approved 6-0-1 (Commissioner Bauer abstained).
- Marijuana Initiative Code Text Amendment (PL200301):
- Staff presented a proposed ordinance to amend Zoning Code Section 3-426 to regulate recreational marijuana in compliance with Proposition 207, passed by voters on November 3, 2020. Key provisions:
- Dual licenses for existing medical marijuana dispensaries.
- Same separation requirements as medical: one mile between dispensaries, 1,500 feet from schools and childcare facilities.
- New marijuana testing facilities allowed by right in industrial zones.
- Residential cultivation regulations: up to 6 plants per adult (12 per household) in an enclosed area.
- Staff noted that the city cannot adopt regulations more restrictive than those for medical marijuana.
- A community survey found 46% thought current separation requirements were too restrictive, 29.8% just right, and 19% not restrictive enough; 71% supported allowing more marijuana establishments than currently exist.
- Commission discussion focused on the inability to prohibit (as urged by ASU) because that would be more restrictive than medical regulations, and on consistency with existing smoking bans. The ordinance was approved 7-0.
- Staff presented a proposed ordinance to amend Zoning Code Section 3-426 to regulate recreational marijuana in compliance with Proposition 207, passed by voters on November 3, 2020. Key provisions:
- Rao Residence (PL200266):
- Use permit for a two-story single-family residence at 5509 South Waverly Way in The Lakes subdivision. The property is in an R-16 zoning district where second stories require a use permit. The new home would be 30 feet tall (max allowed) and replace a single-story house. Adjacent homes are two-story, and three prior use permits for second stories have been approved in the subdivision. No neighborhood meeting was required; staff received only informational calls. Approved 7-0.
Key Outcomes
- Minutes approved (6-0-1).
- Whataburger Tempe approved (7-0) on consent.
- Rao Residence approved (7-0) with standard conditions.
- Marijuana Code Text Amendment approved (7-0) for transmittal to City Council, which will hold hearings on January 28, 2021 with a target adoption date of February 11, 2021 to meet the April 5, 2021 state deadline.
- Staff announced that the January 26, 2021 meeting agenda will include an appeal of a staff decision (Red Devil Plaza) and three other use permit/development plan items.
Meeting Transcript
Well, let's call this meeting our order then. Ladies and gentlemen, welcome to the Development Review Commission for the City of Tempe for January 12, 2021. The Development Review Commission is created to hold public meetings. Sorry, 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 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 uh 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. All right, so having taken care of that, ladies and gentlemen, we have a relatively short agenda. Um I'm gonna come back and do a couple other items of business, but just to let you know, we have two items which we've placed on our consent agenda. And if anyone from the public wishes to have those cases heard, now's a good time to avail yourself of the opportunity to make comment on the tempe.gov website. There's a button there that will let you uh make comment at this meeting, and you can have the case heard. Those two cases which we have on consent agenda are the Rao residents and the Wadaburger Tempe. All right, so we have with us uh virtually our commission tonight consists of Commissioner Andrew Johnson, Commissioner Don Cassano, Vice Chair Michael Dominico, Commissioner Phil Amarosi, Commissioner Scott Sumners, and Commissioner Steve Bauer, and I am Chairman David Lyon. We have with us by way of city staff, um Miss Joanna Barry, um Separna Daskupta, Mr. Steve Abramson, and we have uh Mr. Ryan Levake and Robbie Aaron and Dalton Guerrero with us also on the line. All right, so having taken care of that, we will go ahead and jump into our first item of business, which is a consideration of meeting minutes from the December 8th, 2020 meeting. We have both study session and regular session meeting minutes. Uh which now that I think about, I believe I neglected to take care of during study session. So let's discuss this now, Commission. Has anyone found any edits that they wish to uh Miss Barry? And what what do you have there? I see, I see, thank you. Um I was just going to ask if anyone had any edits that they wish to point out. Commissioner Cassano, do you have something? None. Okay, we see your hand up, so we thought you might. I would I was going to make a motion if it was appropriate. I see. Well, uh, let's get back to that in just a second. Does anyone see any edits to make to these meeting minutes? I didn't see any, Chairman Lyon. Okay. No, I did not. Sounds like we're okay with them then. So in that case, let's take a motion on them as written. Uh Commissioner Cassano. Uh Chairman Lyon, I would make a motion for approval of development review commission study session minutes of 128-20 and development review commission regular meeting minutes of 12 8 2020. Thank you. Okay, thank you. Do I hear a second, please? Second. All right, motion to approve from Commissioner Cassano and seconded by Commissioner Emerosi. Commissioner Bauer, how do you vote? I'm going to abstain, Mr. Chairman. I was not at those meetings. Well said. Commissioner Cassano. Uh aye on those. Vice Chair D.
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