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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Tempe Development Review Commission Meeting: November 14, 2023 - Mill Avenue Residences and Bang Bang

Development Review Commission — Tuesday, November 14, 2023

BodyTempe, Arizona

SessionDevelopment Review Commission

DateTuesday, November 14, 2023

StatusFILED

Video Record

0:00 / 59:59

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:12

Welcome everyone to the November 14th, 2023 Development Review Commission hearing.

0:19

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 recommended recommendatory power and to render final decisions on specified applications where the commission has a final decision making power, including but not limited to all aspects of a proposed and future development.

0:45

The development review commission recognizes that the creation of a desirable environment through the city for residents 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.

1:14

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.

1:25

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

1:32

Tonight with us, we have Commissioner Larry Tom to my right, alternate commissioner Charles Redman, Vice Chair Michelle Schwartz, I'm Commissioner Johnson.

1:44

To my left, Commissioner Barbara Lloyd, Commissioner Linda Spears, and alternate commissioner Robert Miller.

1:55

Tonight in with staff that are with us tonight is Jeff Jeff Tamilimitch, Ryan Levake, Ambika Edkari, Chris Jasper, Joanna Barry, and Eddie Garcia.

2:12

Anyone that is here to speak tonight on one of our items that we're reviewing, please fill out one of these cards and bring it up to Ms.

2:25

Barry.

2:26

And that will allow you the ability to come up and speak when I when I announce your name, and you'll be given up to three minutes to speak.

2:48

One item on the agenda will be our consent agenda.

2:54

And we do plan to have one item on the consent agenda.

2:57

If that is an item that you were here to speak to, please make sure you fill out one of these cards and we will pull that and hear that case as well.

3:09

Okay, so on our agenda tonight, um, item number one.

3:14

We have the development review commission 2023 annual report.

3:19

We reviewed this in study session, and there was a request to make one modification to an item that was titled accomplishments, and we will be changing that in the final report to items heard.

3:36

Um so with that, can I get a motion for that item?

3:42

Commissioner Spears.

3:44

Um I move for the acceptance of the Development Review Commission 2023 annual report.

3:50

Moved by Commissioner Spears.

3:52

Is there a second?

3:54

Seconded by Commissioner Tom.

3:56

All those in favor, raise your hand.

3:59

Okay, and that passes unanimously.

4:03

Next item on the agenda is the development review commission study session and regular meeting minutes from October 24th, 2023.

4:14

Is there a motion on that?

4:16

Move to approve.

4:18

That is moved to for approval.

4:22

Is there a second?

4:23

Second.

4:24

Seconded by sorry by Commissioner Spears.

4:27

Uh, all those in uh in all those in approval that were here for that that night, um raise your hand.

4:34

Thank you.

4:35

And Commissioner Redman and Commissioner Miller are abstaining uh because they were not there for that night.

4:43

All right, so that passes with five and approval.

4:48

Okay, next on our agenda is the consent agenda.

4:53

We are um have tonight.

4:56

We have item number four on our consent agenda, which is bang bang.

5:00

If there was anyone here that wished to speak about that item, please get my attention now.

5:06

Okay, seeing none.

5:07

Um, is there a motion for our consent agenda?

5:12

Commissioner Spears.

5:13

I move for the approval of the consent agenda.

5:16

And is there a second?

5:18

Sorry.

5:21

Seconded by Commissioner Miller.

5:23

All those in favor, raise your hand.

5:25

And that passes unanimously.

5:29

Okay, now we move to item number three, which is Mill Avenue residences.

5:36

Um we have the applicant please approach the dice and present your case tonight.

5:51

Uh please state your name and city of residence.

5:55

Steve Cross, Morgan Taylor Homes, our office is in North Scottsdale.

5:59

Welcome.

6:00

Uh, the owner of the property, my boss, also Morgan Taylor Holmes, is here as well.

6:07

And tonight you'll hear a bunch of stuff uh related to this project.

6:15

But one thing I do want to do is give you the understanding what we're looking for.

6:22

We're looking for four feet in the front yard under a standard use permit.

6:33

So it was a pleasure meeting with city staff.

6:37

If you look through your staff report on page four, staff states that the proposal meets the development standards.

Discussion Breakdown — Share of Meeting

Zoning and Land Use█████████████████████████████████████████████55%

Historic Preservation██████████████████22%

Procedural██████████12%

Engineering And Infrastructure█████6%

Parking██2%

Affordable Housing██2%

Community Engagement█1%

Summary of Proceedings

Tempe Development Review Commission Meeting: November 14, 2023

The Development Review Commission held a regular meeting on November 14, 2023, at 1:00 PM. The commission unanimously approved the 2023 annual report (with a minor wording change), the October 24 study session minutes, and the consent agenda item (Bang Bang nightclub). The main discussion centered on a use permit standard request for the Mill Avenue Residences at 1216 South Mill Avenue.

Consent Calendar

Item 1: Development Review Commission 2023 Annual Report – Approved unanimously after a motion by Commissioner Spears and second by Commissioner Tom. A modification was made to change the heading “accomplishments” to “items heard.”
Item 2: Study Session and Regular Meeting Minutes from October 24, 2023 – Approved unanimously (5-0, with Commissioners Redman and Miller abstaining as they were not present).
Item 4: Bang Bang Nightclub Use Permits – Approved as part of the consent agenda. No public comment was received, and the motion passed unanimously.

Public Comments & Testimony

Henry Wong (owner of adjacent historic Butler House) – Requested that the commission consider a single-story home (height limit 15 feet) instead of the proposed two-story structure. He argued that the two-story building would permanently block sunlight to his backyard, the only outdoor space at the property. He noted that the neighborhood character area guidelines call for sensitive infill.
Joan Bahamond (Tempe resident, remodeling a home in the area) – Opposed the use permit standard, stating that it would override established zoning ordinances and further erode the historic Maple Ash neighborhood’s character. She argued that granting the permit would set a precedent for other developers.
Karen Gittless (Maple Ash resident of 40+ years) – Raised three problems: (1) the house addressing an alley sets a problematic precedent, as it is not at the end of the alley; (2) apparent failure to resolve particulars such as alley improvements, landscaping, lot coverage, parking, solid waste, and mail delivery; (3) lack of design compatibility with the surrounding neighborhood. She described the project as “undercooked.”

Discussion Items

Mill Avenue Residences – Use Permit Standard (Setback Reduction) – Applicant Steve Cross (Morgan Taylor Homes) requested a reduction of the required front yard setback from 20 feet to 16 feet (a 4-foot reduction) to allow construction of a two-car garage instead of a carport. The property is a 3,667 sq ft lot in the R2 zoning district, resulting from a 2022 lot split that preserved the historic Butler House. The proposed house is 1,374 sq ft of living area (2 bedrooms, 3 bathrooms), 25 feet 7 inches tall (below the 30-foot maximum), with a 400+ sq ft garage. The applicant argued that a garage improves security, safety, and aesthetics, and that a carport (which would not require a permit) could be built instead. The applicant noted that the same setback reduction was approved for the nearby Skybridge Maple project on October 24. Staff (Chris Jasper) recommended approval, stating the proposal meets development standards, is compatible with the area, and does not cause nuisances. The lot split history was reviewed: the site was originally part of the historic Butler House property; to avoid demolition of the historic structure, the city council approved a lot split in 2022 with a resolution stating the resultant lot could be developed as a two-story home. The commission discussed alley paving (required by engineering standards), parking dimensions, and the potential for a carport. Commissioner Tom asked about garage placement on the south side; the applicant said it would reduce livable space. Commissioner Miller noted the request is a narrow technical change.

Key Outcomes

Approved the Mill Avenue Residences Use Permit Standard (motion by Commissioner Redman, second by Commissioner Spears) – Vote: 6 in favor, 1 opposed (Commissioner Tom). The approval allows the front yard setback to be reduced from 20 feet to 16 feet to accommodate a two-car garage, subject to standard conditions. The alley paving will be required with building permits per engineering standards.
Approved the consent agenda for Bang Bang nightclub (unanimous).
Approved the 2023 annual report and October 24 minutes (unanimous).

Commissioner Lloyd reminded the public about the Fantasy of Lights Parade on November 25 (the day after Thanksgiving) on Mill Avenue.

Meeting Transcript

Welcome everyone to the November 14th, 2023 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 recommended recommendatory power and to render final decisions on specified applications where the commission has a 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 through the city for residents 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. Tonight with us, we have Commissioner Larry Tom to my right, alternate commissioner Charles Redman, Vice Chair Michelle Schwartz, I'm Commissioner Johnson. To my left, Commissioner Barbara Lloyd, Commissioner Linda Spears, and alternate commissioner Robert Miller. Tonight in with staff that are with us tonight is Jeff Jeff Tamilimitch, Ryan Levake, Ambika Edkari, Chris Jasper, Joanna Barry, and Eddie Garcia. Anyone that is here to speak tonight on one of our items that we're reviewing, please fill out one of these cards and bring it up to Ms. Barry. And that will allow you the ability to come up and speak when I when I announce your name, and you'll be given up to three minutes to speak. One item on the agenda will be our consent agenda. And we do plan to have one item on the consent agenda. If that is an item that you were here to speak to, please make sure you fill out one of these cards and we will pull that and hear that case as well. Okay, so on our agenda tonight, um, item number one. We have the development review commission 2023 annual report. We reviewed this in study session, and there was a request to make one modification to an item that was titled accomplishments, and we will be changing that in the final report to items heard. Um so with that, can I get a motion for that item? Commissioner Spears. Um I move for the acceptance of the Development Review Commission 2023 annual report. Moved by Commissioner Spears. Is there a second? Seconded by Commissioner Tom. All those in favor, raise your hand. Okay, and that passes unanimously. Next item on the agenda is the development review commission study session and regular meeting minutes from October 24th, 2023. Is there a motion on that? Move to approve. That is moved to for approval. Is there a second? Second. Seconded by sorry by Commissioner Spears. Uh, all those in uh in all those in approval that were here for that that night, um raise your hand. Thank you. And Commissioner Redman and Commissioner Miller are abstaining uh because they were not there for that night. All right, so that passes with five and approval. Okay, next on our agenda is the consent agenda. We are um have tonight. We have item number four on our consent agenda, which is bang bang. If there was anyone here that wished to speak about that item, please get my attention now. Okay, seeing none. Um, is there a motion for our consent agenda? Commissioner Spears. I move for the approval of the consent agenda. And is there a second? Sorry. Seconded by Commissioner Miller. All those in favor, raise your hand. And that passes unanimously. Okay, now we move to item number three, which is Mill Avenue residences.

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