Tempe Development Review Commission Meeting - July 26, 2022
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Tempe Development Review Commission Meeting - July 26, 2022
The Development Review Commission held a public hearing on July 26, 2022, to consider several land-use applications, code text amendments, and routine approvals. The meeting included the election of a new vice chair, approval of previous meeting minutes, a consent agenda, and public hearings on four items. Commission members present included Chair Mike D. Domenico, Commissioner Andrew Johnson (elected vice chair), Commissioner Joseph Forte, Commissioner Michelle Schwartz, Commissioner Don Cassano (remote), Commissioner Linda Spears, Alternate Commissioner Rihanna Corbett, and Alternate Commissioner Charles Redman (voting on first two items).
Consent Calendar
- Item 5 (Tempe Bouldering Project) and Item 6 (Brick & Barley) were approved unanimously (7-0) as part of the consent agenda, with no public testimony.
Public Comments & Testimony
- Item 4 (Aunt Chilada's): Multiple residents submitted written comments opposing the requested bar and entertainment permits, citing concerns about noise, traffic, and late-night hours. Barb Brooks, Kathleen Niebauer, Noelle Fontaine, and the Point Office Suites Condominium Association all voiced opposition or requested a continuance. Dr. Taylor, a 26-year resident, spoke in person, describing cumulative noise issues from the resort and surrounding areas and arguing that additional entertainment would harm the neighborhood's quality of life.
- Item 7 (Emerald Multifamily): Nolan Williams, a Tempe resident, spoke in favor of the project, citing the need for housing and a low vacancy rate.
- Item 8 (Lincoln South Bank): Nolan Williams again spoke in favor, praising the high density and suggesting future reductions in parking requirements if transit expands.
Discussion Items
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Item 4: Aunt Chilada's – Bar and Entertainment Use Permits (PL210336) The applicant sought two use permits to allow a bar and indoor/outdoor entertainment at the existing Mexican restaurant, operated by the Arizona Grand Resort. Staff recommended approval with conditions, including a security plan. The commission modified the standard operating hours condition: entertainment must end by 10:00 PM Sunday–Thursday and 2:00 AM Friday–Saturday, with an administrative review in six months. The applicant agreed. The motion carried 7-0.
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Item 7: Emerald Multifamily – Amended PAD, Use Permit, and Development Plan Review (PL220008) The applicant proposed a 5-story, 591-unit luxury apartment development on 16.8 acres in the Emerald Center. Staff recommended approval. Commissioner Linda Spears expressed concerns about the building's design and loss of commercial land. Commissioner Andrew Johnson echoed design concerns and noted the use of artificial turf. The motion to approve with conditions carried 6-1, with Commissioner Spears dissenting.
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Item 8: Lincoln South Bank – Amended PAD and Development Plan Review (PL220072) The applicant proposed a 21-story, 352-unit mixed-use tower with 2,330 sq ft of retail on 2.23 acres along the lake. Commissioners criticized the minimal retail space as a missed opportunity for public enjoyment. The applicant agreed to increase retail to 4,000 sq ft and incorporate outdoor seating. The motion to approve with that condition carried 7-0.
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Item 9: Code Text Amendments (PL220132) Staff presented a package of amendments to the Zoning and Development Code, including clarifications on density calculations, definitions (e.g., bedroom, vehicle service), second-story addition requirements, parking thresholds, subdivision processes, and administrative review thresholds. The commission approved the amendments unanimously 7-0.
Key Outcomes
- Election: Commissioner Andrew Johnson was elected Vice Chairperson.
- Minutes: The study session and regular meeting minutes of June 28, 2022, were approved (4-0, with abstentions from those not present).
- Consent Agenda: Items 5 and 6 approved 7-0.
- Item 4 (Aunt Chilada's): Approved 7-0 with modified hours (entertainment ends 10 PM Sun–Thu, 2 AM Fri–Sat) and a six-month administrative review.
- Item 7 (Emerald Multifamily): Approved 6-1 (Commissioner Spears dissenting).
- Item 8 (Lincoln South Bank): Approved 7-0 with a condition to provide at least 4,000 sq ft of retail space.
- Item 9 (Code Text Amendments): Approved 7-0.
- Staff Announcements: The commission noted that the Timeout Lounge live entertainment use (3129 S. Mill Avenue) passed its six-month administrative review with no issues. Upcoming meetings: August 9, 2022 (short agenda) and August 23, 2022.
Meeting Transcript
Good evening, everyone, and welcome to the July 26, 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 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. With us this evening, we have uh brand new commissioner Joseph Fort Forte, Michelle Schwartz. Uh joining us remotely is Commissioner Don Cassano. I'm Chairman Mike D. Domenico. Uh also with us is uh returning uh Commissioner Andrew Johnson, Linda Spears, uh Alternate Commissioner Rihanna Corbett, and uh also sitting for vote on our first two items on our agenda uh will be alternate commissioner Charles Redman with us uh in staff, ah, timely, very timely, uh is Director Jeff Tamilevich, uh Ryan Levesque, Steve Abraham, Separatna Deskupta, Lee Hemenez, Karen Stovall, Joanna Barry, and Eddie Garcia running comms today. Um one of our commissioners is attending the meeting remotely, so every once in a while we may get a little off track as I make sure that we're including uh Don Cassano and and not missing any comments or votes that he has uh for us. Uh let's take it through tonight's agenda. Uh we have a few items that we're gonna do out of order. Uh the first thing uh that we did in our pre-session is we elected uh amongst ourselves a uh new vice chair person, and that is Commissioner Andrew Johnson, uh, who will be taking over that role going forward. Uh the next two items we're gonna handle are uh approval of our meeting minutes. We uh in study session uh went over those minutes and uh we will vote on those. There were no uh changes or edits. Uh we have one item, uh item number four, which is a use permit request for enchiladas uh at 2019 West Baseline Road. Is there anyone here in the audience who is here specifically to be heard on that case? All right. Oh, we do have someone. And have you have you put a uh a card up to the front? Do you have one of those to show? Perfect. Um, just turn those in, and that way we won't miss you, and we'll make sure. There we go. We'll get you on just so we don't we don't uh miss you when that case comes up. Chairman, um, just so you know that the ADOT meeting is over now. Okay. Um we're going to uh move that item uh to after our consent agenda and uh we will hear that case uh right before the emerald item number seven seven emerald multifamily. The rest of the items will be uh heard in their uh listed order. We have proposed two cases for our consent agenda. The uh intention of the commission is to vote on those two cases in one vote. It's our intention to vote on them uh in the affirmative, meaning that we will approve those. Uh so at this point in time, I'm looking for anyone in the audience who are here to be heard on either item number five or six, Tempe bouldering or brick and barley. Is anyone here to be heard on those? Okay, seeing none, those will remain on our consent agenda and will be handled in one vote. Uh that leaves items seven, eight, nine, and four, which we will all have public hearings for. And if you wish to be heard on any of those cases, you need to turn in one of those little white cards that you can find in the back of the room or up here in the front. Um so thank you very much. All right. Consideration of meeting minutes, these are the study session and regular minutes for June 26th. Uh 28th, 2022. Uh, do I have a motion for approval? Linda. Um, I move for the approval of the study session and regular meeting minutes for 628. And uh Don, you were at that meeting. You want to uh second those? All right, we've got a second from Don Cassano. Uh all those in favor signify by raising your hand.
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