Development Review Commission Meeting - January 24, 2023

The Development Review Commission held a regular evening meeting on January 24, 2023, to consider a consent agenda and a major upzoning request for the Apache Central site. The commission approved consent items unanimously and, after public comment and deliberation, voted 4-3 to recommend approval of the zoning changes for three city-owned parcels.

Consent Calendar

• Item 3: Approved a Development Plan Review for a 12,000 sq ft building addition to Watermark at 430 North Scottsdale Road (applicant: ITR Investment Group).
• Item 4: Approved a Use Permit for a 20% reduction in rear yard setback (35 ft to 28 ft) for the Keller Residence at 2029 East Caroline Lane (applicant: Dahlman Construction).
• Item 5: Approved a Use Permit for a 20% reduction in side yard setback (7 ft to 5 ft 7 in) for the Barrett Residence at 1405 East Chilton Drive (applicant: Effie Barrett).

Public Comments & Testimony

• Written comments read into record:
  • Charles Bus (Tempe resident) urged careful consideration of density adjacent to single-family neighborhoods, especially the Food City parcel next to Tomlinson Estates Historic District, and suggested lower heights near the neighborhood and higher density along Apache Boulevard.
  • Greg Gendracina (adjacent property owner) expressed dissatisfaction, stating the city ignored concerns from a November 7, 2022 neighborhood meeting, and requested downgrading from MU-4 to MU-3 (25 du/ac) to reduce negative impacts.
  • CVAC (Citizens for White Brandon Apache Corridor) submitted a letter supporting the rezoning, citing benefits of added density to attract development, provide affordable/workforce housing, and bring a grocery store to a food desert.
• Oral comment – Alan Flory (Tempe resident, property on Hall Street): Expressed concern about density and height adjacent to his backyard (directly abutting Food City parcel). He supported affordable housing and a grocery store but requested lower density and appropriate buffering to protect the historic neighborhood. He noted the parking lot is already 5 ft higher than adjacent yards, and additional stories would worsen privacy.

Discussion Items

• Item 6 – Apache Central (PL220259): City staff (Maria Lochner, Economic Development) presented a request for:
  • General Plan Land Use Map amendment from "Educational" or "Residential" to "Mixed-Use" on three parcels totaling ~8 acres (Lemon Lot, Dorsey Lot, Apache Central/Food City site).
  • General Plan Density Map amendment from "Medium to High Density" (up to 25 du/ac) to "High Density" (up to 65 du/ac).
  • Zoning Map amendments to MU-4 TOD (Mixed-Use, up to 65 du/ac).
  • Staff explained the city plans to issue an RFP for mixed-use development with a minimum of 50% affordable housing and a grocery store to address the food desert. To address neighborhood concerns, the city proposed voluntary caps: density not to exceed 400 units (vs. ~520 allowed at 65 du/ac) and height not to exceed 5 stories. No specific project was attached; future site plan review (PAD/DPR) would come before the commission.
  • Commissioner Spears expressed major concerns, calling it a "blank check" and noting the city typically does RFPs before rezoning. She opposed the request.
  • Commissioner Miller shared concerns about three separate parcels and suggested treating the Lemon Lot separately for higher density while capping the other parcels near the historic district.
  • Commissioner Lloyd supported the approach, noting the city can mandate conditions in the RFP and the process provides opportunities for future scrutiny. Commissioner Cassano emphasized future review of site design.
  • Staff clarified the rezoning would sunset after two years if no development applications are filed. The city cannot sell the property without a public process.

Key Outcomes

• Motion (by Commissioner Cassano, seconded by Commissioner Lloyd) to approve Item 6 (Apache Central rezoning) passed 4-3.
• Next steps: The case will go to City Council for public hearings on February 16, 2023 and March 2, 2023. The RFP is expected to be issued in February 2023 with a 60-day response period.
• Commission announcements: A clean-up event at Tempe Town Lake was noted.
• Staff announcements: The next meeting will be February 14, 2023, with a study session on the "Minima" mixed-use project and a regular agenda including a tobacco retailer use permit and the "La Victoria Commons" affordable housing development.