Development Review Commission Regular Meeting – January 27, 2021
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Development Review Commission Regular Meeting – January 27, 2021
The Tempe Development Review Commission held a regular meeting on January 27, 2021, primarily to hear requests for a use permit, a continuance, and a major zoning and development plan application. The commission approved the consent agenda, granted a continuance for a car wash, and unanimously approved the Rio East mixed-use development after hearing presentations, staff reports, and public comment.
Consent Calendar
- Approved the January 12, 2021 study session and regular meeting minutes as drafted (unanimous, 7-0; Commissioner Schwartz abstained as she was not present for that meeting).
- Approved consent agenda item PL200280, a use permit for Astonished! Massage and Facial Spa at 2520 East University Drive, as drafted with staff stipulations (unanimous, 7-0).
Public Comments & Testimony
- David Brooks, attorney for Brock Family Partnership and Brock Properties 2 LLC (adjacent property owners to the east of the Rio East site), argued that the applicant had not complied with prior obligations under a development agreement to provide access to the Brock property. He requested the commission deny or delay approval of Rio East until the pending lawsuit over access is resolved. He stated that the applicant had failed to engage in commercially reasonable efforts to negotiate access via River Drive.
- (No other public comment was received for other items; the Super Star Car Wash continuance was requested by the applicant before public hearing.)
Discussion Items
- Withdrawal of Item 3: Agenda item 3, an appeal of a staff decision on Red Devil Plaza (204 West Southern Avenue), was withdrawn before the meeting.
- Super Star Car Wash Continuance: Brennan Ray, representing the applicant, requested a continuance to February 23, 2021 because of recently expressed neighbor concerns and to conduct a voluntary neighborhood meeting. The commission unanimously granted the continuance.
- Rio East – Zoning Map Amendment, Planned Area Development Overlay, and Development Plan Review: The applicant, Ben Graf (Quarles & Brady, representing Street Lights Residential and Tom LeClair), presented the proposal for a 14.2-acre site at 98 South River Drive. Requests included: 1) Zoning Map Amendment from HID to MU-4; 2) Planned Area Development Overlay for three lots (existing Boyer office on Lot 1, new 335-unit luxury apartment community on Lot 2, and 13,500 sq ft retail/restaurant on Lot 3); 3) Development Plan Review for Lots 2 and 3. The project includes a 4.5-story wrapped parking structure, contemporary Spanish Pueblo revival architecture, a 10% parking reduction for the residential component (supported by a parking study and data from the nearby Cameron project showing 27% oversupply), and a new traffic signal at River Drive and Rio Salado already installed. Staff planner Diana Kaminski confirmed the applicant agreed to all stipulations, including replacing asphalt shingle roofing with concrete tile or metal panel. The only opposition came from the Brock family, who claimed the developer had not honored an agreement to provide access. The applicant argued the opposition is a private legal matter and that the development meets all zoning criteria. The commission discussed traffic, land use compatibility, and the pending litigation. Commissioner Bauer and others noted that while access may be needed in the future if the Brock property redevelops, the current industrial use does not require it, and the project provides a good land use plan.
Key Outcomes
- Consent Agenda: Approved unanimously (7-0) for use permit PL200280.
- Super Star Car Wash: Continuance granted to the February 23, 2021 regular meeting (unanimous).
- Rio East (PL200251): The commission approved the zoning map amendment, PAD overlay, and development plan review subject to all staff stipulations. Motion by Commissioner Bauer, seconded by Commissioner Sumners, approved unanimously (7-0). The approval is subject to appeal to City Council within 14 days.
Meeting Transcript
Welcome everyone to the January 6, 26, 2021 Development Review Commission hearing. The Development Review Commission is created to hold public meetings and hearings to provide analysis and recommendations to the city council regarding regarding general land use policies and applications where the commission has recommended 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 through 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 interests 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. Development Review Commission recommendations to the City Council are not final decisions. With us today from the Development Review Commission are regular members, myself, Michael Di Domenico, Vice Chair, Steve Bauer, Don Cassano, Phil Amarosi, Andrew Johnson, and Scott Sumners. And also filling in for us tonight is alternate Michelle Schwartz. With staff here in Council Chambers, Steve Abrahamson and Brittany Nelson. And I believe by looking at the names on the screen, joining us by WebEx, Ryan LeBec, Separna Descupta, Diana Kaminsky, Karen Stovall, Dalton Gera, Greg Wolf, and Joanna Barry. If I've missed anyone, I apologize, but your names and faces are still on screen. We have a fairly uh simple uh and concise agenda tonight. Um during study session, uh the commission discussed uh two sets of minutes. Uh they are the study session and regular meeting minutes from the January 12th, 2021 meeting, and we did not uh have any corrections, additions, or edits to those. So I will entertain a motion for approval of those two sets of minutes. Chairman Dominico, this is uh Don Cassano. I would make a motion to accept the study session of 112-2021 in the regular meeting minutes of 112-2020 as drafted. Do we have a second? Second. Thank you, Phil. Uh Michelle, were you? I don't recall. Were you at that meeting or are you abstaining? I'll be abstaining today. Okay. I'll go down the list and we'll do a voice vote. Um, Steve Bauer. Aye. Mr. Cassano. Aye. I also vote aye. Scott Sumners. Aye. Phil Amarosi. Aye. And Andrew Johnson. All right. Thank you very much. The motion, uh, the meeting minutes for those uh two meetings have been approved. Next on our agenda, um, just to point out item number three, originally scheduled for tonight's agenda, uh, which dealt uh with an appeal of a decision on Red Devil uh Plaza has been withdrawn uh from the agenda. We will not be hearing that case tonight. So if you have joined our meeting hoping to learn more about that, uh, it is no longer on the agenda. We have proposed item number four, which is Astonished Massage and Facial Spa for the consent agenda. Uh, do we see anyone else who's joined? Um, if you've logged on to the WebEx as an attendee and wish to be heard or have this case heard, let us know now. Get our attend attention. Raise your hand on the screen. All right, I don't see anyone wishing to hear this case. Uh so I will entertain a motion for approval. Um, first of all, what this means is the consent agenda means that it's the it's the commission's intention to approve any items included in the consent agenda as drafted and with the stipulations as as included in the staff report just as drafted with no changes.
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