OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe Development Review Commission Meeting – August 22, 2023

Development Review CommissionTuesday, August 22, 2023
BodyTempe, Arizona
SessionDevelopment Review Commission
DateTuesday, August 22, 2023
StatusFILED
Video Record

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Transcript — Verbatim
1:28

Welcome everyone.

1:30

We're gonna get this thing going.

1:32

So welcome to the August 22nd, 2023 Development Review Commission hearing.

1:38

The purpose of the development review commission is it was 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 the proposed and future development.

2:03

Development review commission recognizes that the creation of a desirable environment through the city 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 the public health, safety, and general welfare.

2:28

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.

2:40

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

3:01

Um on the Zoom.

3:02

I think it's Zoom we use, or WebEx, sorry, WebEx.

3:05

Um Commissioner uh to my right, Commissioner Michelle Schwartz and Commissioner Don Casano.

3:11

To my left, Commissioner Barbara Lloyd, uh Linda Spears, and Joe Forte.

3:16

Um item we have um Commissioner Lloyd will be recusing herself, and uh alternate commissioner Charles Redman will be joining us later.

3:27

Okay, uh with staff, we have Jeff Tamolevich, Ryan Levake, Mylene Pankowitz, Diana Kamensky, Karen Stoval, Chris Jasper, Lily Drosos, Joanna Barry, and Eddie Garcia.

3:46

Um so for our members of the public, um, if you are here to speak on any case, you'll be given up to three minutes to speak.

3:56

Um, our staff will be assisting in that um in the timing of that.

4:02

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

4:08

Um, because I already do have a couple of um of these filled out.

4:13

Uh they are right up here up at the front by Joanna.

4:18

Um if you are wishing to speak tonight, you must fill out one of these cards and hand it to the planning staff member.

4:27

Um please hand it to Joanna Barry.

4:30

I will call on you when the case is being heard if you have indicated you would like to speak.

4:34

If you would like to make comments and have them right into the record, but do not wish to speak, please indicate on your card, and I'll read your comments into the record.

4:43

Um let's see.

4:46

Okay, so let's go through the agenda.

4:50

So the first item on the agenda is our consideration of our study and regular meeting minutes.

5:00

Then we have use permits and development plan review.

5:02

We have seven items or sorry, uh six items on that.

5:07

And then our general plan amendment, zoning map amendment, and planned area development overlay.

5:12

We have four items on that.

5:14

After our meeting minutes, I will present our consent agenda.

5:19

We have several items on the consent agenda.

5:21

If there's something that you would like to hear that's on that consent agenda, anyone in the audience or online, please get my attention and we will pull that off of the consent agenda.

5:31

All the other cases we will plan to hear.

5:35

Okay, so item number one.

5:37

Um I'd like to entertain a motion for study session and regular meeting minutes.

5:42

Mr.

5:43

Chairman.

5:43

Commissioner Cassano.

5:44

I'd make a motion for approval of the development review commission study session of August 8th, 2023, and the development review commission minutes of uh August 8th, 2023.

5:57

And is there a second?

5:59

Second.

6:00

Seconded by Commissioner Lloyd.

6:03

Okay.

6:03

Uh all of our commission members that are present tonight were out at those meetings, so we can all vote.

6:08

So all those in favor uh signify by raising your arm.

6:12

Thank you.

6:13

That all were in favor.

6:14

And uh, Commissioner Tom, yes, also in favor.

6:17

Thank you.

6:19

Okay, so moving on to our consent agenda.

6:22

We have several items that we plan to put on the consent agenda.

6:26

I'm gonna uh talk through um, I'm gonna list them all.

6:30

And if you hear one that you want to have pulled after I list them all, you can get my attention and let me know which one that is, if if there are any.

6:39

Um so item number two, smart move.

6:42

Item number three, Mark Coolis residents.

6:46

Item number four, Gopal residents.

6:49

Item number five, Tempe Municipal Operations Center, phase two.

6:54

Item number six, resale therapy.

6:58

Item number seven, the buzzed goat coffee.

7:02

Item number 10, 955 East Mixed Use, and item number 11, Apache Square.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████49%
Historic Preservation█████████████████19%
Transportation████████████13%
Procedural██████7%
Housing█████5%
Public Safety███3%
Parks and Recreation██2%
Public Engagement1%
Transportation Safety1%
Summary of Proceedings

Tempe Development Review Commission Meeting – August 22, 2023

The Development Review Commission (DRC) held a public hearing on August 22, 2023, to consider multiple land use applications, including rezoning and development plan reviews. The meeting began with approval of prior minutes and a consent agenda covering seven items. The main discussions focused on the municipal rezoning of 1st & Farmer Avenue (item 8) and the proposed 28-story mixed-use development at 211 East 7th Street (item 9).

Consent Calendar

  • Approved unanimously: Items 2 (Smart Move use permit), 3 (Markulis Residence parking), 4 (Gopal Residence parking), 5 (Tempe Municipal Operations Center Phase 2), 6 (Resale Therapy second-hand store), 7 (The Buzzed Goat Coffee drive-through), 10 (955 East Mixed-Use), and 11 (Apache Square).

Public Comments & Testimony

  • Item 8 – Municipal Rezoning of 1st & Farmer:

    • Darlene Justice (Tempe resident) expressed strong support for preservation of the Gonzalez Martinez House (Tempe’s second-oldest adobe structure) and asked about long-term ownership and conservation easement details.
    • Tom Brown (46-year Tempe resident) opposed the rezoning, arguing that the proposed 550 units and 210-foot height on a narrow, constrained site are out of scale with the neighborhood and that no design was presented. He urged the commission to deny the request.
    • Robert Moore (Tempe resident) supported preservation but emphasized the need for public control of the historic house footprint and long-term protection of the adobe structure.
    • David Sokoloski (Tempe resident) supported the rezoning, stating that the city needs more housing to support downtown jobs and that density is appropriate near transit.
  • Item 9 – 211 East 7th Street:

    • Trevor Barger (Tempe resident, 20-year member of Newman Center) supported the project, noting the need for residential development downtown and the pedestrian-friendly location. He highlighted the developer’s positive relationship with the neighboring Newman Center.
    • David Sokoloski (Tempe resident) again spoke in favor of building more housing with minimal land use.

Discussion Items

  • Item 8 – Municipal Rezoning of 1st & Farmer (PL230127):

    • The applicant (Huellmantel & Affiliates) presented a history of the Farmer Arts District and the proposed rezoning of a 3.6-acre site from General Industrial (GID) to Mixed-Use High Density (MU-4) with a Planned Area Development (PAD) overlay. The plan includes a maximum of 550 dwelling units, a building height of 210 feet, zero setbacks on most sides, and a parking reduction to 0.6 spaces per unit. The applicant committed to preserving the historic Gonzalez Martinez House in place, with a conservation easement and future listing on the Tempe Historic Property Register.
    • Staff (Ryan Levake) explained that the current request is only for zoning changes; a future major development plan review will require a second public hearing, including a neighborhood meeting, historic preservation commission review, and city council action. The site will also include an 18-foot multi-use pathway.
    • Commissioners discussed the process, noting that the design has not yet been prepared and will come back for full review. Commissioner Spears moved to approve, emphasizing that the city has already entered into a development agreement and this is a zoning change only. The motion passed unanimously.
  • Item 9 – 211 East 7th Street (PL220305):

    • The applicant (Berry Riddell) presented a 28-story, 380-unit market-rate residential tower with 3,011 sq ft of ground-floor commercial space on a 0.61-acre site. The building height is 314 feet to the top of mechanical screen (287 feet to parapet). Parking is provided at 303 spaces (slightly below the required 306). The project includes a new facade material (prefabricated STO panel system) in response to earlier DRC feedback, and the building height was reduced by one story from the initial proposal.
    • Staff (Lily Drosos) confirmed that the project meets general plan density and is subject to conditions including archaeological sensitivity, safety measures at the garage exit, and pedestrian safety improvements.
    • Commissioners expressed concerns about the building’s height, the lack of light on three sides due to adjacent buildings, the close proximity (10 feet) to the neighboring Atmosphere building, and the plainness of the facade. Several commissioners also doubted the claim that the development would not house students. Commissioner Cassano moved to approve with staff conditions; the motion passed 4-3 (Commissioners Spears, Redman, and Schwartz dissenting).

Key Outcomes

  • Item 8 – Municipal Rezoning of 1st & Farmer: Approved unanimously by the commission. The recommendation will go to city council for hearings on September 7 and September 28, 2023. The applicant must still process a future major development plan review, which includes a second public hearing and amendment to the PAD.
  • Item 9 – 211 East 7th Street: Approved by a vote of 4-3. The decision is final unless appealed to city council within 14 calendar days. The project will be subject to staff conditions of approval.
  • Consent Agenda: All items approved unanimously.
  • Minutes: Approved unanimously.
  • Announcements: The next DRC meeting (September 12, 2023) has a light agenda; a joint city council and commission meeting is scheduled for the following week at the Tempe History Museum starting at 4 p.m.

Meeting Transcript

Welcome everyone. We're gonna get this thing going. So welcome to the August 22nd, 2023 Development Review Commission hearing. The purpose of the development review commission is it was 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 the proposed and future development. Development review commission recognizes that the creation of a desirable environment through the city 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 the 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. Um on the Zoom. I think it's Zoom we use, or WebEx, sorry, WebEx. Um Commissioner uh to my right, Commissioner Michelle Schwartz and Commissioner Don Casano. To my left, Commissioner Barbara Lloyd, uh Linda Spears, and Joe Forte. Um item we have um Commissioner Lloyd will be recusing herself, and uh alternate commissioner Charles Redman will be joining us later. Okay, uh with staff, we have Jeff Tamolevich, Ryan Levake, Mylene Pankowitz, Diana Kamensky, Karen Stoval, Chris Jasper, Lily Drosos, Joanna Barry, and Eddie Garcia. Um so for our members of the public, um, if you are here to speak on any case, you'll be given up to three minutes to speak. Um, our staff will be assisting in that um in the timing of that. Uh please note that the WebEx chat box is not monitored or moderated. Um, because I already do have a couple of um of these filled out. Uh they are right up here up at the front by Joanna. Um if you are wishing to speak tonight, you must fill out one of these cards and hand it to the planning staff member. Um please hand it to Joanna Barry. I will call on you when the case is being heard if you have indicated you would like to speak. If you would like to make comments and have them right into the record, but do not wish to speak, please indicate on your card, and I'll read your comments into the record. Um let's see. Okay, so let's go through the agenda. So the first item on the agenda is our consideration of our study and regular meeting minutes. Then we have use permits and development plan review. We have seven items or sorry, uh six items on that. And then our general plan amendment, zoning map amendment, and planned area development overlay. We have four items on that. After our meeting minutes, I will present our consent agenda. We have several items on the consent agenda. If there's something that you would like to hear that's on that consent agenda, anyone in the audience or online, please get my attention and we will pull that off of the consent agenda. All the other cases we will plan to hear. Okay, so item number one. Um I'd like to entertain a motion for study session and regular meeting minutes. Mr. Chairman. Commissioner Cassano. I'd make a motion for approval of the development review commission study session of August 8th, 2023, and the development review commission minutes of uh August 8th, 2023. And is there a second? Second. Seconded by Commissioner Lloyd. Okay. Uh all of our commission members that are present tonight were out at those meetings, so we can all vote. So all those in favor uh signify by raising your arm. Thank you. That all were in favor. And uh, Commissioner Tom, yes, also in favor. Thank you. Okay, so moving on to our consent agenda.

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