OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe Development Review Commission Special Meeting – November 15, 2022

Development Review CommissionTuesday, November 15, 2022
BodyTempe, Arizona
SessionDevelopment Review Commission
DateTuesday, November 15, 2022
StatusFILED
Video Record

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Transcript — Verbatim
0:01

Good evening.

0:02

Welcome to the November 15th, 2022 Development Review Commission special meeting.

0:09

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 the power to recommend 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.

0:33

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 independence, 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.

0:57

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.

1:10

Development Review Commission recommendations to the City Council are not final decisions.

1:15

I'd like to introduce the members of the commission that are with us to uh tonight.

1:21

On my right is Robert Miller, Alternate, Michelle Schwartz, Don Cassano, I'm acting chair, Linda Spears, Barbara Lloyd, Joe Forte, and Barbara, and uh Rihanna Corbett, who is an alternate.

1:38

From staff, we have uh Jeff Tamlovich, Ryan LeBec, Steve Abranson, Separna Daskupta, Joanna Berry, Jennifer Daniels, and Jason Wolfe, and lots of other people out in the audience.

1:50

So thank you all for coming.

1:51

Uh, members of the public who are here to speak.

1:54

You will be giving two minutes, and the staff will assist in monitoring the time.

2:00

Uh, please note that the WebEx chat box is not moderated or monitored.

2:12

The first item on our agenda is the consideration of development review commission minutes from the study session on October 25th and the regular meeting.

2:21

And um, as was discussed in the pre-session, there were no changes to the minutes.

2:26

I'll entertain a motion.

2:28

Madam Chair.

2:29

Uh, make a motion for approval of the study session minutes of the Development Review Commission from October 25th, 2022, and the regular meeting, development review commission October 25th, 2022.

2:44

Sir, second.

2:45

Second.

2:46

It's been moved by Commissioner Cassano and seconded by uh Commissioner Lloyd to approve the minutes.

2:53

All those in favor, raise your hand.

2:55

Opposed.

2:56

Um, and that passes five to two with our two alternates abstaining.

3:01

Um, the next item on our agenda is the request for a general plan projected land use map amendment for commercial to mixed use for approximately 34.4 acres, a general plan density map amendment from no density to high density urban core uh for approximately 34.4 acres, zoning map amendment from R16 and GID standards and varying heights up to 129 feet, 2100 dwelling units, and commercial consisting of multi-purpose entertainment facility, retail, restaurant, hotel, and office uses for the Tempe Entertainment District.

3:39

Um, I will remind uh members of the audience if you are here to speak.

3:43

Please turn in a uh comment card that you will see in the back of the room, and we will put you on the agenda for to speak.

3:52

First, we'd like to have the um applicant uh make their presentation.

4:01

Madam Chair, members of the commission, Nick Woods, Snell and Womber1, Arizona Center, uh and I represent uh the coyotes uh through their entity um Bloomberg.

4:12

Um Mr.

4:13

Morello decided to buy your need that there you go.

4:20

When Mr.

4:21

Morello decided to purchase the coyotes a couple of years ago, uh he had a vision.

4:28

That vision was to create something that's extremely unique, extremely special, something that doesn't otherwise exist here in Arizona.

4:36

And he wanted to do it in the East Valley.

4:39

The idea would be that he would build a brand new arena, uh, one with 16,000 seats, uh, state of the art type of arena, but also to give back to the community through a number of different ways.

4:49

One is to have a practice facility.

4:51

Practice facility would be part of that project, and a practice facility would be available for use by the public whenever they're not practicing.

5:00

And we find that, you know, it's great for youth, right, to have uh sporting opportunities, and of course, this would be one again, even for the public for recreational use.

5:09

Also have a theater, you know, an entertainment facility or venue.

5:13

Uh, in addition to bring uh office, to bring retail, to bring hotels, bring residential, to have a very comprehensive mixed-use project that is in incredible size at the perfect location uh with respect to the valley itself, uh, again to serve the valley.

5:31

Now, he also gives back a tremendous amount to the community, and that's really not what's on your agenda tonight.

5:36

We've been working that out with the with the city, but uh the give backs are significant.

5:42

Um, as you see here in this first slide, uh, this is a rendering of what it will look like.

5:48

It's unusual tonight, right?

5:50

Whenever I come here, I come here with two things.

5:52

I come here with a zoning application, it's usually an MU-4 PAD application, and then there's a corresponding DPR development plan plan review.

6:01

But this project, as you can see, is of size and magnitude.

6:06

Um, just to give you an idea, um Tempe Marketplace is 1.3 million square feet.

6:13

Uh state farm is two million square feet.

6:16

This project will be 4,250,000 square feet.

6:20

So it's enormous in size and scale.

6:23

So we'll be coming back to you.

6:25

Uh, unfortunately, you're gonna see a lot of me over the coming year, uh, where each portion of this project I'll be coming with a DPR.

6:32

In fact, we filed our first one uh just this past week, so I'll be coming to see you probably in the next at least the next two months to walk through that first portion.

6:42

And at that point, you'll get to see really the architecture on a building by building basis, the site plan or the landscape plan, which would be incredible.

6:51

Um, the other idea is to create something where people can um uh congregate, where we have a plaza, right?

7:00

If you ever, I'm from Milwaukee originally, and when a couple of years ago when the Sons played the Bucks for the NAT championship, I mean I was in a no-lose you know situation.

7:12

But if you watched any of those um television uh uh games, televised games, you saw that they have basically an area uh outside of the the arena where people collect.

7:24

They congregate, they have screens of things where they can watch the game, and it's it's pretty exciting, actually.

Discussion Breakdown — Share of Meeting
Zoning and Land Use██████████████████████████████████████38%
Public Safety██████████10%
Economic Development█████████9%
Transportation█████████9%
Procedural███████7%
Affordable Housing███████7%
Public Transportation██████6%
Noise Mitigation█████5%
Historic Preservation███3%
Summary of Proceedings

Tempe Development Review Commission Special Meeting – November 15, 2022

The Tempe Development Review Commission (DRC) met on November 15, 2022, to consider a request for the proposed Tempe Entertainment District at 53 S. Priest Drive. The commission approved the previous meeting minutes and, after a public hearing and deliberation, voted unanimously to recommend approval of the general plan and zoning map amendments and Planned Area Development (PAD) overlay to the Tempe City Council.

Consent Calendar

  • Minutes from October 25, 2022: Commissioner Cassano moved to approve the study session and regular meeting minutes, seconded by Commissioner Lloyd. The motion passed 5–2, with the two alternates abstaining.

Public Comments & Testimony

  • City of Phoenix (letter from Chad Mikkowski, Director of Aviation Services): Objected to the inclusion of residential uses within the 65 DNL noise contour, arguing it would violate the 1994 Intergovernmental Agreement (IGA) with Tempe.
  • Maha Al Shamari (Tempe resident): Opposed the project, citing increased congestion, safety concerns, and the loss of affordable student housing.
  • David Sokolowski: Opposed, calling the proposed $2 million in affordable housing "pathetic" relative to the $2.1 billion project and asserting the city has no plan to extend the streetcar.
  • Marlene Begay: Opposed, questioning why developers and the team cannot fund their own facility and citing negative outcomes from stadium deals in other cities.
  • John Stevenson: Expressed support for the project, praising the agreement's terms as favorable to Tempe residents.
  • Kelly Carnegie: Opposed, worried that the development would force Sky Harbor flight path changes over homes.
  • Merrill Darcy (Riverside Neighborhood): Opposed, predicting increased crime, congestion, and negative impacts on surrounding commercial properties.
  • Jennifer Spade and Lori Merrill: Opposed, citing excessive height and density compared to existing neighborhoods, capped at three stories nearby.
  • J. DeWitt (Sky Harbor Airport): Objected based on the IGA's residential prohibition in the 65 DNL.
  • Andrew Marwick (spoken): Opposed, criticizing the traffic analysis and the shared parking model as unrealistic.
  • Tom Brown (spoken): Opposed, asked the commission to not pass the item unanimously and to remove residential from the PAD.
  • Philip Yates (spoken, Riverside Neighborhood Association president): Opposed, stating residents felt steamrolled by the accelerated timeline.
  • David Pollack (spoken): Opposed.

Discussion Items

  • Applicant Presentation (Nick Woods, Snell & Wilmer): Described the project as a $2.1 billion, 4.25 million square-foot sports and entertainment district, including a 16,000-seat arena, practice facility, hotels, residential units, office, retail, and entertainment venue. The site is a 46-acre contaminated former landfill. The applicant stated remediation costs are $73 million, with the project privately financed and a $40 million non-refundable deposit. The applicant committed to taking the project to a public ballot.
  • Staff Report (Suparna Dasgupta, Principal Planner): Staff recommended approval subject to 18 conditions, including height and density limits, shared parking study, aviation easements, airport noise disclosure, and relocation of historic barracks. Staff noted the neighborhood meeting drew 35 attendees and that seven comments had been received (one support, five opposition, one neutral).
  • Commissioner Questions and Deliberation: Commissioners raised concerns about remediation guarantees, workforce housing, office jobs, parking and transportation, density, streetcar extension, archaeological resources, and PAD conditions. Staff and applicant responses clarified that the overall density averages 43 dwelling units per acre, a 14-foot transit easement is reserved for a future streetcar, no archaeological resources are on site, and the project will comply with FAA noise attenuation requirements.

Key Outcomes

  • Approval of minutes (5–2 with alternates abstaining).
  • Recommendation to approve PL220278: Commissioner Lloyd moved to approve the general plan amendment, zoning map amendment, and PAD overlay, subject to staff conditions. The motion was seconded and passed 7–0.
  • The DRC's action is a recommendation to the City Council, not a final decision; the council was scheduled to consider the related Disposition and Development Agreement on November 29, 2022. The applicant stated that approval would lead to a public referendum in May 2023.

Meeting Transcript

Good evening. Welcome to the November 15th, 2022 Development Review Commission special meeting. 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 the power to recommend 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 independence, 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. I'd like to introduce the members of the commission that are with us to uh tonight. On my right is Robert Miller, Alternate, Michelle Schwartz, Don Cassano, I'm acting chair, Linda Spears, Barbara Lloyd, Joe Forte, and Barbara, and uh Rihanna Corbett, who is an alternate. From staff, we have uh Jeff Tamlovich, Ryan LeBec, Steve Abranson, Separna Daskupta, Joanna Berry, Jennifer Daniels, and Jason Wolfe, and lots of other people out in the audience. So thank you all for coming. Uh, members of the public who are here to speak. You will be giving two minutes, and the staff will assist in monitoring the time. Uh, please note that the WebEx chat box is not moderated or monitored. The first item on our agenda is the consideration of development review commission minutes from the study session on October 25th and the regular meeting. And um, as was discussed in the pre-session, there were no changes to the minutes. I'll entertain a motion. Madam Chair. Uh, make a motion for approval of the study session minutes of the Development Review Commission from October 25th, 2022, and the regular meeting, development review commission October 25th, 2022. Sir, second. Second. It's been moved by Commissioner Cassano and seconded by uh Commissioner Lloyd to approve the minutes. All those in favor, raise your hand. Opposed. Um, and that passes five to two with our two alternates abstaining. Um, the next item on our agenda is the request for a general plan projected land use map amendment for commercial to mixed use for approximately 34.4 acres, a general plan density map amendment from no density to high density urban core uh for approximately 34.4 acres, zoning map amendment from R16 and GID standards and varying heights up to 129 feet, 2100 dwelling units, and commercial consisting of multi-purpose entertainment facility, retail, restaurant, hotel, and office uses for the Tempe Entertainment District. Um, I will remind uh members of the audience if you are here to speak. Please turn in a uh comment card that you will see in the back of the room, and we will put you on the agenda for to speak. First, we'd like to have the um applicant uh make their presentation. Madam Chair, members of the commission, Nick Woods, Snell and Womber1, Arizona Center, uh and I represent uh the coyotes uh through their entity um Bloomberg. Um Mr. Morello decided to buy your need that there you go. When Mr. Morello decided to purchase the coyotes a couple of years ago, uh he had a vision. That vision was to create something that's extremely unique, extremely special, something that doesn't otherwise exist here in Arizona. And he wanted to do it in the East Valley. The idea would be that he would build a brand new arena, uh, one with 16,000 seats, uh, state of the art type of arena, but also to give back to the community through a number of different ways. One is to have a practice facility. Practice facility would be part of that project, and a practice facility would be available for use by the public whenever they're not practicing. And we find that, you know, it's great for youth, right, to have uh sporting opportunities, and of course, this would be one again, even for the public for recreational use. Also have a theater, you know, an entertainment facility or venue. Uh, in addition to bring uh office, to bring retail, to bring hotels, bring residential, to have a very comprehensive mixed-use project that is in incredible size at the perfect location uh with respect to the valley itself, uh, again to serve the valley. Now, he also gives back a tremendous amount to the community, and that's really not what's on your agenda tonight. We've been working that out with the with the city, but uh the give backs are significant. Um, as you see here in this first slide, uh, this is a rendering of what it will look like. It's unusual tonight, right? Whenever I come here, I come here with two things. I come here with a zoning application, it's usually an MU-4 PAD application, and then there's a corresponding DPR development plan plan review. But this project, as you can see, is of size and magnitude. Um, just to give you an idea, um Tempe Marketplace is 1.3 million square feet. Uh state farm is two million square feet.

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