Tempe Development Review Commission Regular Meeting – October 12, 2021
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Tempe Development Review Commission Regular Meeting – October 12, 2021
The Development Review Commission held a regular meeting on October 12, 2021, from approximately 2:15 PM to 3:30 PM (estimated based on agenda and transcript). The meeting included approval of previous meeting minutes, a consent agenda of four items, and two public hearing items: a use permit for a second-story addition and fence height increase at a single-family residence, and a code text amendment related to annexation procedures. All votes were taken by roll call.
Consent Calendar
- Approval of Minutes: The minutes from the August 24, 2021 study session and regular meeting were approved unanimously (7-0).
- Items 3, 5, 6, and 7: Approved without discussion as a consent agenda (7-0). These items were:
- Item 3: A Development Plan Review for a new 2,626-square-foot Starbucks at Southern Palms, 3206 South McClintock Road.
- Item 5: A Use Permit for a massage establishment at Self-Centered Detox and Rejuvenation Spa, 1840 East Warner Road, Suite 123.
- Item 6: A Use Permit for temporary outdoor vending (ghost kitchen) for GoPuff, 2435 South Industrial Park Avenue.
- Item 7: A Use Permit for a massage establishment at Sonoran Serenity Spa, 1628 East Southern Avenue, Suite 13.
Public Comments & Testimony
- No members of the public requested to speak at the meeting. No public comments were received during the advertising period for any of the agenda items, as noted by staff.
Discussion Items
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Item 4: Pendergraft Residence (PL210120) – Applicant Mark Pendergraft requested two use permits: (1) to allow a second-story addition to an existing single-story single-family residence at 726 East Broadway Lane, and (2) to increase the maximum height of front-yard fencing from 4 feet to 6 feet. The property is in the R1-6 single-family residential district. The applicant stated the property is currently in poor condition, has had police reports for break-ins and squatting, and the addition would improve the neighborhood. He indicated the property is an investment, possibly to be sold or rented. Commissioners asked about parking (the plan includes a two-car garage, two driveway spaces, on-street parking, and potential rear parking). Commissioner Lloyd expressed concern about limited detail on materials and color schemes; Commissioner Amarosi expressed concern that the design (six bedrooms, staircase near front door, no dining room, small kitchen seating) effectively creates a boarding house rather than a single-family home. Commissioner Sumners noted the property's proximity to a major arterial and adjacent retail uses as mitigating factors. Commissioner Lloyd stated she had hesitation but would vote in favor due to location and zoning. The applicant responded that there is a dining area near the kitchen and an upstairs loft. Staff recommended approval with no non-standard conditions.
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Item 8: Code Text Amendment for Annexation (PL210299) – Presented by Ryan Levake, Deputy Director of Community Development. The amendment changes Section 2-106 of the Zoning and Development Code to allow annexed properties to receive a zoning district comparable to their Maricopa County zoning, rather than automatically receiving the lowest-density agricultural (AG) district. This addresses issues with legal non-conforming uses and streamlines the annexation process, based on experience from recent annexations. The commission discussed the amendment with no opposition. Commissioner Cassano stated it was straightforward and overdue.
Key Outcomes
- Minutes of August 24, 2021 meetings: Approved unanimously (7-0).
- Consent Agenda (Items 3, 5, 6, 7): Approved unanimously (7-0).
- Pendergraft Residence (Item 4): Approved by a vote of 6-1, with Commissioner Amarosi voting no. The motion was made by Commissioner Sumners and seconded by Commissioner Cassano.
- Code Text Amendment (Item 8): Approved unanimously (7-0). The motion was made by Vice Chair Bauer and seconded by Commissioner Sumners.
- Next Meeting: Scheduled for October 26, 2021. Staff announced the agenda will include use permits, a zoning map amendment, and a planned area development review. A public meeting on the Historic Preservation Plan update was also announced for October 20, 2021 via Zoom.
Meeting Transcript
I'd like to uh welcome everyone to uh the October 12th, 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 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, businesses, 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. Development review commission recommendations to the city council are not final decisions. Let's see, I'm going to uh do a quick roll call here today. Um we have commissioners Michelle Schwartz, Don Cassano, Steve Bauer, Scott Sumner's, Bill Amarosi, and Barbara Lloyd, and I'm Commissioner Mike D. Domenico. Uh bya WebEx uh attending today. Um, I believe we have Ryan LeVex, Separna Daskupta, Steve Abraham, Karen Stovall, Obenia Kingsby the second, Joanna Barry and Jason Wolfe uh also attending. Um do we have Separna? Has anyone requested uh to speak at today's meeting? Uh from the public can we chairman? Yes. Uh no. Okay, then I've uh not bother reading the invitations and how we time people. Uh it is in in our study session earlier. The uh commission went over our cases for this evening, and uh in addition to uh review and approval of minutes for the August 24th meetings. Uh we have several cases, four of which uh it is the commission's intention to include on our consent agenda and to vote in one single motion uh and vote uh for the approval of those four items. Uh those items are items three, five, six, and seven uh as listed on the published agenda. Umers, is there anybody who's uh got anything that they wanted to pull from that before I hear a motion? No. Okay. All right, then that's how we're gonna leave it. Uh those four. Uh I would like to uh we've also discussed in in study session the uh minutes uh for this for the study session and regular meetings for August 24th, 2021. We did not have any changes or corrections to those minutes, so I would entertain a motion for approval. Chairman Dominico, this is uh Don Cassano, and I would like to make a motion for approval of the uh uh study session for the design review commission of August 24th as well as the regular meeting of August 24th. Do we have a second? Second Bill Amarosi. Been moved and seconded. Uh I will call a roll call vote. Uh Commissioner Schwartz. Aye. Commissioner Cassano. Aye. Commissioner Bauer. Aye. I vote aye as well. Commissioner Sumner's. Aye. Commissioner Amarosi. Aye. And Commissioner Lloyd. Aye. Uh the move the minutes for those two meetings are approved. Uh now I would entertain a motion for approval of our consent agenda. Mr. Chairman, uh, Commissioner Summers here. Uh motion to approve the consent agenda as read.
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