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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Development Review Commission Meeting: April 12, 2022 – Tobacco Use Permit Continued, Mixed-Use Project Approved

Development Review Commission — Tuesday, April 12, 2022

BodyTempe, Arizona

SessionDevelopment Review Commission

DateTuesday, April 12, 2022

StatusFILED

Video Record

0:00 / 44:32

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

1:00

Good evening and welcome to the April 12th, 2022 Development Review Commission hearing.

1:08

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.

1:32

The development review commission recognizes that the creation of a desirable environment through throughout the city for residents, businesses, and industry is a prime requisite for the interdependence of land values, aesthetics, and good site planning.

1:47

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.

2:02

Um, and and this isn't particularly important tonight, and I'll re I'll I'll bring this back up again after we vote on the uh cases before us.

2:11

But 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.

2:24

Development review commission recommendations to the city council are not final decisions.

2:30

With us this evening, uh first of all, we have uh several uh alternate commissioners uh joining us.

2:39

First time I think that all three have sat together.

2:41

Um joining us remotely is Rihanna uh alternate commissioner Rihanna Corbett.

2:47

Uh also with us to my left, uh alternate commissioner Charles Redman and alternate commissioner Linda Spears.

2:55

Uh with me uh to my right, Commissioners Michelle Schwartz, Vice Chair Stephen Bauer, uh, Commissioner Phil Amarosi, and I'm Commissioner Mike D.

3:05

Domenico.

3:07

Uh with us from staff uh in attendance this evening, Steve Abraham, Separatus Gupta, Lee Jimenez, uh Lily Drosos, Joanna Berry, and Jason Wolf running the board.

3:20

Um, and I think we may have some that wish to be heard tonight.

3:26

If you're here just to listen, that's great.

3:28

Welcome.

3:29

Um if you wish to be heard on a specific case uh before that case uh is heard, fill out a card that's you can find in the back of the room and bring that forward to one of the staff members.

3:42

And uh that way we don't miss you and we make sure to get you scheduled.

3:47

Oh, or they're right up there.

3:49

You can just either way, they're simple to fill out.

3:53

Um and if you've never done it before, we'll guide you through the process.

3:56

It's really not all that scary.

3:58

Um the agenda tonight is fairly simple, straightforward.

4:05

We've got two items.

4:11

Um the first two are uh considerations of development review commission uh meeting minutes from March 22nd, 2022.

4:22

Uh we have both the uh study session minutes and the regular meeting minutes.

4:29

We discussed those in pre-session.

4:31

We had one small type uh typo to correct.

4:35

Uh so I would entertain a motion for approval of those two sets of minutes with that edit.

4:42

Mr.

4:42

Chairman, I make a motion to approve the uh DRC study session and regular meeting minutes from March 22nd uh with the uh minor typo correct.

4:55

Do we have a second second?

5:00

Uh it's been moved by Commissioner Amarosi and seconded by Commissioner Swartz.

5:04

Uh we have uh two members that were not present for that meeting, so they'll be abstaining.

5:10

That will be uh Commissioners uh Corbett and Spears.

5:15

Um, and by a show of hands, all those in favor of the motion and Commissioner Bauer also, Vice Chair Bauer also abstaining.

5:25

Uh those minutes are approved four to zero.

5:28

Uh first case is a use permit uh case.

5:32

This is item number three on the agenda.

5:34

It's titled Big D smoke LLC.

5:38

Uh first question is the applicant here in attendance, or do we have any evidence that they've joined us remotely on WebEx?

5:51

Commissioner D Dominico, no.

5:53

No, okay.

5:55

All right.

5:55

Well, we're going to uh hear this case, but uh it looks like the applicant may either join us late or not be uh participating.

6:04

Uh Lily, do you want to come up and tell us about this?

6:08

And I can run through the presentation.

6:10

Okay, thank you.

6:11

Good evening.

6:12

I'll state my name for the record.

6:14

Lily Drosos, Planner One, City of Tempe Community Development.

6:18

Um this request is a use permit to allow tobacco retailer within the PCC One Plan Commercial Center Neighborhood Zoning District.

6:28

It's located at the northwest corner of rural and Elliott Roads.

6:33

This is a suite map, and you can see Suite A13 on the lower west side of the property.

6:40

Next slide.

6:42

This is the proposed floor plan.

6:45

It is 1290 square feet.

6:48

Next slide.

6:50

Um while looking at the approval criteria.

Discussion Breakdown — Share of Meeting

Zoning and Land Use█████████████████████████████████████████████56%

Procedural█████████████16%

Public Engagement████████████15%

Mixed Use Development██████████13%

Summary of Proceedings

Development Review Commission Regular Meeting – April 12, 2022

The Development Review Commission (DRC) met on April 12, 2022, to consider two main agenda items: a use permit for a tobacco retailer (Big D Smoke LLC) and a major mixed-use development proposal at Priest & 3rd Street. The commission also approved minutes from the March 22, 2022 study session and regular meeting, and made announcements about upcoming events and the General Plan update.

Consent Calendar

Approval of Minutes (March 22, 2022 Study Session and Regular Meeting): Approved 4-0 with a minor typographical correction. Commissioners Corbett, Spears, and Vice Chair Bauer abstained as they were absent for that meeting.

Public Comments & Testimony

Tobacco Retailer Use Permit (Big D Smoke LLC):
- Sue Roland (Chi pperwood Neighborhood Association co-chair) opposed the permit, citing four existing tobacco/vape shops within 2.5 miles, incompatible with the family-oriented shopping center, and conflicts with smoke-free initiatives. She noted the center houses restaurants, a Dairy Queen, church car washes, and is near a childcare facility.
- A written comment from Sonia of Al Grias Child Care and Learning Center (read into the record) opposed the permit, stating the childcare center has 60 children, does not support a tobacco retailer near its facility, and referenced a prior similar case that was allowed but without tobacco distribution.
- No other public comments were received.

Discussion Items

Use Permit for Big D Smoke LLC (Item #3): The applicant, Jinglin Du, was not present and had not responded to staff since March 10, 2022, despite 10 attempts by phone and email. The proposed 1,290 sq ft tobacco retailer is a permitted use subject to a use permit in the PCC-1 district. Staff recommended approval, noting no expected traffic increase, compliance with use separation requirements (1,320 ft from schools), and adherence to smoking ordinances. Commissioners expressed sympathy for neighborhood concerns but noted the use is legally permissible. However, due to the applicant’s non‑participation and lack of communication, a motion to continue the case to a date uncertain carried unanimously (7-0). The commission directed staff to notify the applicant and leave the onus on them to request a new hearing date.
Priest & 3rd Street Mixed-Use Development (Item #4): This request includes a General Plan Land Use Map Amendment (Industrial to Mixed-Use), Density Map Amendment (No Density to High Density Urban Core >65 du/ac), Zoning Map Amendment (GID to MU-4), PAD overlay, and Development Plan Review. The project proposes 328 dwelling units (including 3 live-work units) in a four-story building wrapped around a five-level parking structure, with amenities such as pools, spa, dog wash, and outdoor dining. Applicant Charles Huellmantel presented a new stipulation (agreed with staff) to convert a minimum of 500 sq ft of leasing/co-working space to a commercial use open to the public (e.g., a coffee shop), in addition to the live-work units. No neighborhood meeting attendees or public comments were received. Staff confirmed all conditions. The commission approved the request unanimously (7-0) subject to the stipulations as modified, including the new DPR condition #14. The recommendation will go to City Council on April 28, 2022.

Key Outcomes

Minutes approved 4-0 (three abstentions).
Big D Smoke LLC use permit continued to a date uncertain (7-0). Staff will attempt further contact and notify the applicant.
Priest & 3rd Street development recommended for approval to City Council (7-0) with an added condition for a minimum 500 sq ft public commercial space.

Announcements & Next Steps

A tour of development sites is being finalized for April 22 and/or April 29.
Boards and Commissions appreciation event: May 6 (RSVP required).
The Tempe General Plan 2020‑2050 update process will start; two DRC members are needed for the technical advisory group. Discussion and nominations will occur at the May 10 study session.
Commissioner D’Amore promoted an event (“Ignite the Night”) on April 24 featuring local musician Zoe Bowie.

Meeting Transcript

Good evening and welcome to the April 12th, 2022 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 through 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. Um, and and this isn't particularly important tonight, and I'll re I'll I'll bring this back up again after we vote on the uh cases before us. But 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 this evening, uh first of all, we have uh several uh alternate commissioners uh joining us. First time I think that all three have sat together. Um joining us remotely is Rihanna uh alternate commissioner Rihanna Corbett. Uh also with us to my left, uh alternate commissioner Charles Redman and alternate commissioner Linda Spears. Uh with me uh to my right, Commissioners Michelle Schwartz, Vice Chair Stephen Bauer, uh, Commissioner Phil Amarosi, and I'm Commissioner Mike D. Domenico. Uh with us from staff uh in attendance this evening, Steve Abraham, Separatus Gupta, Lee Jimenez, uh Lily Drosos, Joanna Berry, and Jason Wolf running the board. Um, and I think we may have some that wish to be heard tonight. If you're here just to listen, that's great. Welcome. Um if you wish to be heard on a specific case uh before that case uh is heard, fill out a card that's you can find in the back of the room and bring that forward to one of the staff members. And uh that way we don't miss you and we make sure to get you scheduled. Oh, or they're right up there. You can just either way, they're simple to fill out. Um and if you've never done it before, we'll guide you through the process. It's really not all that scary. Um the agenda tonight is fairly simple, straightforward. We've got two items. Um the first two are uh considerations of development review commission uh meeting minutes from March 22nd, 2022. Uh we have both the uh study session minutes and the regular meeting minutes. We discussed those in pre-session. We had one small type uh typo to correct. Uh so I would entertain a motion for approval of those two sets of minutes with that edit. Mr. Chairman, I make a motion to approve the uh DRC study session and regular meeting minutes from March 22nd uh with the uh minor typo correct. Do we have a second second? Uh it's been moved by Commissioner Amarosi and seconded by Commissioner Swartz. Uh we have uh two members that were not present for that meeting, so they'll be abstaining. That will be uh Commissioners uh Corbett and Spears. Um, and by a show of hands, all those in favor of the motion and Commissioner Bauer also, Vice Chair Bauer also abstaining. Uh those minutes are approved four to zero. Uh first case is a use permit uh case. This is item number three on the agenda. It's titled Big D smoke LLC. Uh first question is the applicant here in attendance, or do we have any evidence that they've joined us remotely on WebEx? Commissioner D Dominico, no. No, okay. All right. Well, we're going to uh hear this case, but uh it looks like the applicant may either join us late or not be uh participating. Uh Lily, do you want to come up and tell us about this? And I can run through the presentation. Okay, thank you. Good evening.

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