Tempe Development Review Commission Meeting - February 9, 2021: Sunbar Compliance Review
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Tempe Development Review Commission Meeting - February 9, 2021
On February 9, 2021, the Tempe Development Review Commission held a virtual meeting to review compliance of Sunbar with its use permit conditions, along with consent agenda items. The meeting lasted from approximately 1:00 PM to 3:30 PM. The commission voted 6-1 to deem Sunbar in compliance with its 10 conditions of approval.
Consent Calendar
- The commission approved five items on the consent agenda without further hearing: RM Medical Massage (use permit for massage establishment), Sonoran Armory (gun shop), High Maintenance (tobacco retailer), C.A.S.A. (bar and entertainment), and Larson Residence (side yard setback reduction). The motion passed 7-0.
Public Comments & Testimony
- Merrill Garcy (Riverside neighborhood) submitted a written statement opposing Sunbar, alleging that the business has no regard for neighborhood residents, that noise complaints were tossed between police and code enforcement, and requesting conditions of no outdoor amplified sound after 10 PM and that indoor entertainment remain within closed doors and windows.
- David Romain (resident at The Emerson) stated he placed at least eight noise complaints in the past year, that police often did not respond, and that code enforcement is weak. He claimed music from DJs and percussionists violates the indoor-only permit, and that noise levels are unacceptable at 1-2 AM, affecting sleep and quality of life.
- Philip Yates (chair of Riverside Neighborhood Association, living about half a mile from Sunbar) expressed concern about enforcement of noise permits, stating that 15 complaints are real and that residents are not being heard. He noted that the applicant did not have an answer for how many people are allowed on the patio, and asked the commission to vote no.
- Katie Branch (Emerson resident) said she made several noise complaints, that officers deemed it noisy, and that Sunbar turned down music when police arrived. She added that her number was blocked by Sunbar, employees were rude, and that the business is advertised as a patio bar, not indoor entertainment. She reported seeing large crowds and lack of social distancing.
Discussion Items
- Sunbar Compliance Review: The commission held a public hearing to review compliance with 10 conditions of two use permits (Series 6 bar and indoor entertainment) for Sunbar, located at 24 West 5th Street. The applicant, Charles Huellmantel (Huellmantel & Affiliates), argued that Sunbar is in full compliance with all conditions, noting that the business has been operating at reduced capacity due to COVID-19, that no citations have been issued, and that police and code enforcement support continuation. He read each condition and stated compliance.
- City Staff: Senior Planner Lee Jimenez noted that 8 letters of support and 2 comments in opposition were received. He summarized the history.
- Police and Code Enforcement: Officer Conway stated that since January 1, 2020, there were 15 noise complaints for Sunbar, but only one potential violation (on November 8, 2020, when music was audible after mitigation). That issue was resolved by repositioning speakers, and no citation was issued. He confirmed the business is in compliance. Code Compliance Administrator Jeff Tamulevich confirmed no pending violations, and that inspectors had addressed sign and graffiti issues promptly.
- Commission Discussion: Commissioner Bauer emphasized that the hearing is limited to compliance with conditions, and that police, code compliance, and staff all deemed the business compliant. He noted that urban living comes with noise challenges. Commissioner Amarosi expressed sympathy for neighbors, questioned the outdoor speakers and the blurred line between indoor/outdoor, and noted that the patio appeared crowded despite COVID capacity limits. Vice Chair D. Dominico clarified that condition 6 (indoor entertainment only) does not prohibit outdoor speakers for piped music; it prohibits live bands outside. The commission focused on the 10 conditions, not broader noise issues.
Key Outcomes
- The commission voted 6-1 (Commissioner Amarosi dissenting) to approve the motion that use permits ZUP 18004 and ZUP 18005 are deemed in compliance with the previously approved stipulations.
- The next Development Review Commission meeting is scheduled for February 23, 2021, with a study session on the Aura Apache project and a regular agenda including a private school, height increase for accessory building, instructional school, and a continued car wash item.
Meeting Transcript
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 interest of public health, safety, and general welfare. Any person aggrieved by a final decision of the development and review commission may file an appeal to the city council within 14 calendar days after the development review commission has rendered its decision. So with a preamble out of our way, ladies and gentlemen, let me introduce who we have with us by way of commissioners. We have Commissioner Andrew Johnson, Commissioner Don Cassano. We have sorry, we have Vice Chair Mike D. Dominico, Commissioner Phil Amarosi, Commissioner Scott Sumners, and Commissioner Stephen Bauer, and I am Chairman David Lyon. We also have with us by way of city staff, Mr. Ryan Levake, Suparna Daskupta, Steve Abrahamson, we have Jason Wolfe with us, uh Mr. Lee Jimenez, and Dalton Guerra. And we are also joined tonight by our interim. Sorry, uh the words are failing me at the moment. Our um community development director. Sorry, our interim community development director, uh, Miss Shelley Siler. Thank you for being with us, Miss Siler. Um it wouldn't be a meeting that I ran if I didn't forget something along the way. All right, so uh tonight we have what will probably be a fairly short agenda. Uh we have our six items which we have reviewed, and we have elected to place five of those items on the consent agenda. This means that we propose to approve these items without further hearing, unless somebody from uh the public wishes to have them heard or make comment. The items currently on our consent agenda are RM Medical Massage, Sonora and Armory, High Maintenance, CASA, and Larson residents. And the one item which is not on our consent agenda is Sunbar. Um, so if you wish to have any of those items on the consent agenda heard, uh please make your voice heard. Um you can do so at the city of Tempe uh website where there's a link to the Development Review Commission. Uh Ms. Daskupta, at this time, do we see anyone who wishes to make comment on any of those cases? Yes, Chairman. Um let me uh Joanna, can you tell me uh who is on the I can so Mr. David Roma is on and Mr. Philip Yates is on and Chairman? One other um comment card that I received from Mr. Merrill Garcy. He did not want to speak, but he wanted his card to be read on the record. Um I can read it on the record after or before, however, you may wish to do that. Okay, and are those all three with regard to Sunbar, or were any of them with regard to our other cases which are on consent currently? It it is all regard in regards to the Sunbar Chairman. Okay. All right, so it sounds like we can go ahead with our consent agenda as written. So Commissioners, can I hear a motion regarding the approval of our consent agenda, please? So moved. All right. Do I hear a second? Second, Mr. Chairman. All right, motion to approve from Vice Chair Dominico and seconded by Commissioner Cassano. Commissioner Bauer, how do you vote? All right. Commissioner Cassano. Vice Chair D. Dominico. Aye.
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