Tempe Development Review Commission Meeting - October 26, 2021

The Tempe Development Review Commission held a public meeting on Tuesday, October 26, 2021, starting with a study session at approximately 1:45 p.m. and the regular meeting at 6:00 p.m. The commission considered four agenda items: two consent items and two regular use permits, as well as a planned area development and development plan review. Votes were taken on all items, and staff updates were provided.

Consent Calendar

• Item 4 – Triton Smoke Tempe (PL210295): A use permit for a tobacco retailer at 655 West Warner Road, Suite 120. Placed on consent without public testimony. Approved unanimously (roll call vote: 7-0).
• Item 6 – Apache Rock Apartments (PL210180): A zoning map amendment from CSS (TOD) to MU-3 (TOD), a Planned Area Development Overlay, and a Development Plan Review for a mixed-use development (75 dwelling units and commercial) at 1935 East Apache Boulevard. Placed on consent. Approved unanimously (roll call vote: 7-0).

Public Comments & Testimony

• For Item 3 (Darkstar/Trumbull’s): No public testimony was offered during the hearing. Some written comments were received by the commission but not read aloud.
• For Item 5 (Timeout Lounge): Eleven public comments were received by staff — eight in opposition (concerns about noise traveling to adjacent neighborhoods and desire for a trial period) and three in support (praising local live music venues). One written comment from a resident (Mr. Alper) was read aloud by the chair expressing support.
• For Item 7 (Generations Medical Center): No public testimony was offered. The adjacent property owner (a mosque) was noted to be in opposition due to ongoing litigation over a prior application, but no oral comment was made.

Discussion Items

• Item 3 – Darkstar / Trumbull’s (PL210239): Two use permits to expand an existing bar (Series 6 liquor license) and live entertainment (indoor) at 526 South Mill Avenue. The applicant (Huellmantel & Affiliates) sought to expand into an adjacent former bank space (approx. 2,000 sq. ft. addition) to provide more space post-COVID. Staff recommended approval with conditions (no exterior speakers, live entertainment hours: 9 a.m. to midnight Sunday-Thursday, to 2 a.m. Friday-Saturday, plus bicycle parking). Commissioner Redman expressed concerns about ambient noise and the overall balance of entertainment uses in downtown Tempe, but acknowledged the zoning allowed the use. The commission debated whether broader growth policy was relevant to this case. Motion to approve with staff conditions passed 6-1 (Redman nay).
• Item 5 – Time Out Lounge (PL210297): A use permit to allow live entertainment (singing, dancing, music) at 3129 South Mill Avenue in the Huntington Plaza shopping center. The applicant (Time Out Lounge, owned since 1988) requested an indoor stage for bands, open mic, DJs, with entertainment proposed Thursday-Saturday and occasional Sunday afternoons. Staff recommended approval with non-standard conditions: exterior doors closed during events, no exterior speakers, and an administrative review of conditions within six months. The applicant asked to modify condition #4 (live entertainment cease times) from 1:55 a.m. to 1 a.m. Thursday through Saturday (keeping midnight Sunday-Wednesday). Commissioner Amarosi noted he had previously enjoyed music at the venue. The commission discussed the noise ordinance (60 dB at property line) and enforcement via police and code compliance. Motion to approve with modified condition passed unanimously (7-0).
• Item 7 – Generations Medical Center (PL210184): A Planned Area Development (PAD) overlay and Development Plan Review to reduce required parking from 198 to 158 spaces (the existing count) and increase landscaping (24 new trees, 84 shrubs, 219 accent plants, raising shade from 16% to 21%) at 6301 South McClintock Drive. The applicant (Gammage & Burnham) noted the building was unchanged, and a pre-pandemic parking study showed peak occupancy of 125 spaces. Staff confirmed the PAD only modified parking standards; other standards remained under PCC-1 zoning. Commissioner Summers questioned the use of a PAD for a single use, and staff explained it was permissible. The chair noted an ongoing dispute with an adjacent property owner (the mosque) regarding a prior recorded plat, but stated the commission could not adjudicate that. Motion to approve passed unanimously (7-0).

Key Outcomes

• Item 3 (Darkstar/Trumbull’s): Approved 6-1; conditions included no exterior speakers, specified live entertainment hours, and bicycle parking. Commissioner Redman dissented.
• Item 5 (Time Out Lounge): Approved 7-0 with modified condition #4 (live entertainment to end at 1 a.m. Thursday-Saturday, midnight Sunday-Wednesday) and staff’s six-month administrative review.
• Item 7 (Generations Medical Center): Approved 7-0; the PAD allows parking reduction to 158 spaces, with increased landscaping and pedestrian striping. If future changes intensify use or share parking, a new review would be required.
• Consent agenda: Both items approved without opposition.
• Staff update: City council approved miscellaneous code amendments (unanimous) and held a first hearing for an annexation ordinance (second hearing in November).
• Announcements: The next meeting is scheduled for Wednesday, November 10, 2021, with items including a general plan density map amendment, zoning map amendment, and PAD review for First & Farmer (200 dwelling units, 1,036 sq. ft. commercial) and the Papago North Tempe character area plan.