OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe Development Review Commission Meeting - December 13, 2022

Development Review CommissionTuesday, December 13, 2022
BodyTempe, Arizona
SessionDevelopment Review Commission
DateTuesday, December 13, 2022
StatusFILED
Video Record

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Transcript — Verbatim
0:03

All right.

0:04

Good evening.

0:05

Welcome to the December 13th, 2022 Development Review Commission hearing.

0:11

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.

0:37

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.

1:01

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.

1:14

Development review commission recommendations to the City Council are not final decisions.

1:21

Here with us this evening, representing the commission are Commissioners Michelle Schwartz, Don Cassano, Vice Chair Andrew Johnson, I'm Chairman Mike D.

1:31

Domenico, and also Commissioners Barbara Lloyd, Linda Spears, and Joe Forte.

1:37

With us from staff, we have Director Jeff Tamilevich, Ryan Levake, Steve Abrahamson, Separna Deskupta, Diana Kaminsky, Lee Jimenez, Karen Stovall, Lily Drosos, Sidney Dietering, Joanna Barry, and Jason Wolfe.

1:59

During uh during tonight's uh hearings, uh, it's our intention to have one specific case being heard.

2:08

Uh, if you are here as a member of the public and wish to be heard on this case, uh, you would catch our attention attention to make sure that you're not missed by filling out one of these white cards and bringing it up to uh staff uh so that we make sure that uh you get your chance to speak here at the podium.

2:25

Um I'm gonna take us through the uh agenda for this evening and let you know what our intention is as far as the cases before us.

2:32

Uh in our study session, uh we discussed uh the meeting minutes for the study session and regular meeting for the November 8th, 2022 meetings, and uh we made one minor uh clarification uh edit to those, and it's our intention to uh vote and approve those sets of minutes.

2:54

In addition, uh the following cases uh are intended to be a part of our consent agenda.

3:01

Uh those cases are items three, four, five, six, seven, and nine.

3:11

Uh that leaves case eight, which we intend to hear tonight.

3:14

Uh so if you're here and wish to be heard on case eight, uh we'll be able to uh to uh get you up here and uh to speak uh on the record.

3:24

If you are here, uh get my attention now if you're here to to be heard on any of those other cases.

3:31

Three four five, six, seven, and nine.

3:35

Can I see a show of hands?

3:37

Anybody who wish to be heard on those cases?

3:39

Okay.

3:40

So seeing none, uh, we're going to vote on those as a part of our consent agenda.

3:44

Uh what happens on a consent agenda is we take one vote, and it's the commission's intention to vote uh to approve all of those items, all those cases with one single vote as a part of our consent agenda at the beginning of the meeting.

3:59

Uh I miss anything.

4:02

No.

4:03

All right.

4:04

I will uh entertain a motion for approval of the minutes for November 8th, 2022.

4:13

Uh we have a motion from Vice Chair Jason.

4:16

Second, and the second from Commissioner Lloyd.

4:20

All those in favor signify by raising your hand.

4:24

One, two, three, four, five, six.

4:26

Uh let the record show that we have six votes for approval and abstentions from Commissioner Schwartz.

4:34

Wait a minute.

4:35

Five.

4:36

Yeah, we have five.

4:37

Five votes.

4:38

And Commissioner Schwartz and Forte.

4:44

Okay.

4:44

And Cassano.

4:45

I'm sorry.

4:45

I don't voted.

4:47

All right.

4:47

So that we have four votes uh approving uh with three members who were not at those meetings abstaining, and uh no votes against those uh minutes are approved.

5:01

Would entertain a motion for approval of the consent agenda.

5:06

I move for the approval of consent agenda.

5:08

Do we have a second?

5:11

It's been moved and seconded by Commissioner Spears.

5:14

Any discussion?

5:15

Hearing none, all those in favor, raise your hand.

5:19

You can vote on this one.

5:21

Because you are here.

5:22

A motion approves seven to zero.

5:26

That brings us to item number eight.

5:30

This is a hearing for a request for a use permit to allow vehicle rentals for U cars within general industrial district located at 640 South Smith Road.

5:44

Lily, do you uh?

5:49

Oh, we do have, okay, the applicant is here in person.

5:52

We'll have the applicant come up.

5:54

State your name and city of residence for the record.

Discussion Breakdown — Share of Meeting
Parking█████████████████████████████29%
Zoning and Land Use████████████████████████████28%
Transportation████████████████████████24%
Procedural███████7%
Community Engagement██████6%
Code Enforcement███3%
Traffic Impact1%
Public Safety1%
Business Licensing1%
Summary of Proceedings

Tempe Development Review Commission Meeting - December 13, 2022

The Development Review Commission (DRC) met on December 13, 2022, beginning at approximately 6:00 p.m. (local time) to conduct a study session, approve minutes, and hear a contested use permit request for a vehicle rental business. The main hearing focused on UCARS, a long-term vehicle leasing company operating without a required use permit, which had generated numerous complaints from neighboring businesses and residents due to overflow parking on Smith Road. After public testimony and deliberation, the commission approved the use permit with modified hours but retained the strict parking condition requiring all vehicles to be kept onsite or in designated storage lots.

Consent Calendar

  • Approval of Minutes (November 8, 2022): The minutes from both the study session and regular meeting of November 8, 2022, were approved with one minor clarification. The vote was 4-0-3 (four in favor, three abstentions from commissioners not present at those meetings).
  • Consent Agenda Items: The following items were approved unanimously (7–0) on a single vote:
    • Item 3: Development Plan Review for a 13,489 sq. ft. addition to the Scottsdale Police & Fire Training Facility at 911 N. Stadem Drive.
    • Item 4: Development Plan Review for three single-story industrial buildings totaling 689,109 sq. ft. at OMP Tempe Industrial Park (1480 N. McClintock Drive).
    • Item 5: Use Permit to allow one required parking space within the front yard setback for the Wilson Residence (217 E. Tulane Drive).
    • Item 6: Use Permit (height increase to 38 ft.) and Development Plan Review for a 68,454 sq. ft. industrial warehouse at Alameda Industrial (1107 W. Alameda Drive).
    • Item 7: Use Permit to allow massage therapy at YW Relaxation (5000 S. Arizona Mills Circle, #108).
    • Item 9: Zoning Map Amendment, Planned Area Development, and Development Plan Review for a six-story mixed-use development with 343 dwelling units and commercial use at Rio & McClintock (1801 E. Rio Salado Parkway).

Public Comments & Testimony

Written Comments (read by Staff):

  • Ruben Salise (Peterson Air Care, Tempe): Expressed concerns that UCARS employees disregard traffic laws, causing loud cars, racing, honking, and unsafe street crossings. He urged denial of the permit or requiring a properly sized location.
  • Michael Urata (AH AHR Mechanical): Described dangerous conditions from parked vehicles narrowing Smith Road, obstructing visibility at driveways, and reported frequent deliveries blocking the street. He opposed the permit, stating UCARS would continue to violate rules.

Oral Testimony:

  • James Farrington (owner of Tempe Crane, 32 years, Phoenix resident, owns property adjacent to UCARS): Stated he built his property under city rules and never parks on the street. He described UCARS vehicles parked on both sides of Smith Road and extending onto 5th Street, blocking access for his large vehicles. He noted UCARS staff promise to move cars but fail to do so. He urged denial, calling the situation “absurd.”
  • Robert Johnson (property manager for 625 S. Smith Road, Gilbert resident): Expressed skepticism about UCARS’ ability to keep parking on the west side only, based on past experience. He noted complaints return within 24 hours after engaging management. He highlighted safety concerns: parked cars at driveways make it impossible to see traffic. He pointed out the site can only accommodate 23 cars on the west side (per applicant’s analysis) while the applicant cited up to 97 total vehicles. He stated UCARS is already over capacity and asked for a concrete timeline, not an open-ended request.

Discussion Items

Item 8 – UCARS Use Permit (640 S. Smith Road)

  • Applicant Presentation (Eric Foss, attorney): UCARS leases vehicles to rideshare drivers (Uber/Lyft) on long-term leases (~8 weeks). Fleet exceeds 400 vehicles; daily on-site count ranges from 60–90 cars. The company has grown rapidly and outgrown on-site parking (36 spaces, requires 31 per code). Overflow parking on Smith Road has caused neighbor complaints. UCARS has leased 40 storage spaces at Mako (adjacent property) but still sees about 37 cars on the street. They proposed two modifications to staff’s recommended conditions:
    • Condition 3 (Business Hours): Change from 9 a.m.–5 p.m. to 9 a.m.–7 p.m. to allow time to porter cars to/from storage lots.
    • Condition 4 (Parking): Remove the requirement that “all vehicles generated from the businesses shall be kept on site in parking areas or other designated storage lots at all times” and instead allow parking on the west side of Smith Road (an estimated 23 spaces) and in front of the business (5 spaces) until bike lanes are installed (6–18 months).
  • Staff Presentation (Lily Drosos, Planner): The site is 35,190 sq. ft. with a 9,405 sq. ft. building. Combined uses (UCARS and an auto repair shop) require 31 parking spaces; 36 are provided on site. In the past year, UCARS received four code violations (three closed; one active for operating without a use permit). Complaints came from code compliance, police, fire, and engineering/transportation departments regarding safety hazards from street parking. Staff recommended approval with conditions including a return to the DRC on March 14, 2023, for compliance review.
  • Commission Discussion:
    • Commissioners questioned feasibility of on-site parking expansion (e.g., paving retention area, tandem or valet parking). Staff noted site plan review would be needed.
    • The applicant explained the challenge of finding screened storage lots due to city code requiring 6-ft. block walls for vehicle storage, limiting options.
    • Commissioner Spears asked about the consequence of denial: if no use permit, UCARS must cease operations at that location.
    • The applicant acknowledged the company’s failure to obtain the permit initially but said they are working diligently to find a solution.
  • Staff Clarification on Screening Requirements: Director Jeff Tamilevich explained that fleet vehicle storage in General Industrial requires a 6-ft. screen wall, unlike retail parking (3-ft. walls). Chain-link fencing is not permitted. Some existing lots may be grandfathered.

Key Outcomes

  • Motion and Vote: Commissioner Linda Spears moved to approve item 8 with Condition 3 modified to extend hours to 7 p.m., but with Condition 4 unchanged (all vehicles must be kept on site or in designated storage lots). Vice Chair Andrew Johnson seconded. The motion carried 5–2 (Commissioners Michelle Schwartz and Joe Forte dissenting).
  • Next Steps: UCARS must return to the DRC on March 14, 2023, for a compliance review. The 14-day appeal period begins December 13, 2022. The city will proceed with installing no-parking signs on Smith Road at the request of other businesses (not in front of UCARS).
  • Other Announcements: Commissioner Forte announced a Keep Tempe Beautiful cleanup at Hayden Butte on Saturday, December 17, 2022, at 8 a.m. The meeting adjourned with holiday wishes.

Meeting Transcript

All right. Good evening. Welcome to the December 13th, 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. Here with us this evening, representing the commission are Commissioners Michelle Schwartz, Don Cassano, Vice Chair Andrew Johnson, I'm Chairman Mike D. Domenico, and also Commissioners Barbara Lloyd, Linda Spears, and Joe Forte. With us from staff, we have Director Jeff Tamilevich, Ryan Levake, Steve Abrahamson, Separna Deskupta, Diana Kaminsky, Lee Jimenez, Karen Stovall, Lily Drosos, Sidney Dietering, Joanna Barry, and Jason Wolfe. During uh during tonight's uh hearings, uh, it's our intention to have one specific case being heard. Uh, if you are here as a member of the public and wish to be heard on this case, uh, you would catch our attention attention to make sure that you're not missed by filling out one of these white cards and bringing it up to uh staff uh so that we make sure that uh you get your chance to speak here at the podium. Um I'm gonna take us through the uh agenda for this evening and let you know what our intention is as far as the cases before us. Uh in our study session, uh we discussed uh the meeting minutes for the study session and regular meeting for the November 8th, 2022 meetings, and uh we made one minor uh clarification uh edit to those, and it's our intention to uh vote and approve those sets of minutes. In addition, uh the following cases uh are intended to be a part of our consent agenda. Uh those cases are items three, four, five, six, seven, and nine. Uh that leaves case eight, which we intend to hear tonight. Uh so if you're here and wish to be heard on case eight, uh we'll be able to uh to uh get you up here and uh to speak uh on the record. If you are here, uh get my attention now if you're here to to be heard on any of those other cases. Three four five, six, seven, and nine. Can I see a show of hands? Anybody who wish to be heard on those cases? Okay. So seeing none, uh, we're going to vote on those as a part of our consent agenda. Uh what happens on a consent agenda is we take one vote, and it's the commission's intention to vote uh to approve all of those items, all those cases with one single vote as a part of our consent agenda at the beginning of the meeting. Uh I miss anything. No. All right. I will uh entertain a motion for approval of the minutes for November 8th, 2022. Uh we have a motion from Vice Chair Jason. Second, and the second from Commissioner Lloyd. All those in favor signify by raising your hand. One, two, three, four, five, six. Uh let the record show that we have six votes for approval and abstentions from Commissioner Schwartz. Wait a minute. Five. Yeah, we have five. Five votes. And Commissioner Schwartz and Forte. Okay. And Cassano. I'm sorry. I don't voted. All right. So that we have four votes uh approving uh with three members who were not at those meetings abstaining, and uh no votes against those uh minutes are approved. Would entertain a motion for approval of the consent agenda. I move for the approval of consent agenda. Do we have a second? It's been moved and seconded by Commissioner Spears. Any discussion?

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