Tempe DRC Hearing March 6, 2024: Quarters & Catalyst Decisions
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Tempe Development Review Commission Hearing - March 6, 2024
Note: Although the provided transcript is dated February 27, 2024, the instructions specify this meeting took place on March 6, 2024. This summary is based on the transcript content.
The Development Review Commission (DRC) held a public hearing to approve prior minutes, consent agenda items, and two contested applications: a 7-unit residential development (The Quarters) and a live entertainment use permit for Catalyst Craft Ales. The meeting began with approval of the February 13, 2024 minutes (6-0, Commissioner Corbett abstaining) and the consent agenda (Items 2, 3, 4, 6, 8) which passed unanimously.
Discussion Items
The Quarters Development (PL230318)
Applicant Ted Scholenberger (architect, Scottsdale resident) presented a 7-unit, two-bedroom/two-bath development on a 75' x 208' lot on Apache. The project proposes three buildings (two 3-story, one 2-story) with common space and seeks use permit reductions: height increase from 30' to 33', 2-foot west and south setback reductions, and 1% landscaping reduction, all attributed to the small lot size. Staff planner Diana Kaminsky supported the design, noting that the massing (three smaller buildings) addresses ADOT driveway constraints and fire access, and the architecture is consistent with surrounding multifamily. Commissioner Tom expressed mild concern about boxy rooflines but did not object. No public comments were offered. The Commission voted unanimously to approve the use permit.
Catalyst Craft Ales Live Entertainment Permit
Applicant Eric Flottman (VP of Operations, Tempe resident) requested removal of two conditions from their live entertainment special use permit: Condition 8 (no exterior speakers for live entertainment) and Condition 9 (front doors must be closed during events). The business, located at McClintock and Broadway, wants to offer acoustic live music, trivia, and bingo indoors, and broadcast the sound through existing outdoor speakers at the same volume as currently approved pre-recorded music. They stated they do not intend to host concerts, use drums, or amplify beyond acoustic levels. Staff planner Lucas Jensen recommended approval with the two conditions retained, citing compatibility with neighboring Mimos Cafe (which has a similar live entertainment permit with those restrictions) and residential uses to the south. Police had responded to noise complaints between December 2023 and February 2024 but issued no violations.
Public Comments: John (Tempe, patron of Mimos) testified that Catalyst’s outdoor music was extremely loud, rattled Mimos’ walls, and caused him to reduce his visits from 4 times per week to once a week. Rami Zabara, owner of Mimos Cafe (16-year tenant), stated he lost approximately 40% of his business due to noise and complained that Catalyst’s outdoor speakers were not allowed when he sought a similar permit. Catalyst co-owner Craig clarified that only one loud DJ event occurred during their soft opening; afterward they stopped all amplified outdoor music. Another patron, Mino Hans (Tempe business owner), said echoing from Catalyst’s patio makes conversation difficult for both establishments. Catalyst co-owner Rex Williamson noted the shared wall has acoustic panels designed to deaden sound.
Commission Deliberation: Several commissioners expressed sympathy for Mimos’ concerns but believed the business impacts could be managed through conditions. Staff noted Tempe’s noise code no longer uses decibel limits but prohibits “unnecessary noise.” Commissioner Spears moved to approve the permit with conditions 8 and 9 removed, but add a new condition requiring the applicant to return for a staff review in six months to assess compliance. Commissioner Lloyd noted that a volume-based condition was difficult to enforce without decibel standards. The motion passed 4-2 (Commissioners Forte and Tom opposed), with the understanding that Catalyst must comply with the noise code and that future complaints could trigger earlier review.
Key Outcomes
- February 13, 2024 meeting minutes approved 6-0 (Commissioner Corbett abstaining).
- Consent agenda (Items 2, 3, 4, 6, 8) approved unanimously.
- The Quarters development (PL230318) approved unanimously, including all requested use permit reductions.
- Catalyst Craft Ales live entertainment permit approved (4-2) with removal of conditions 8 and 9, subject to noise ordinance compliance, and a requirement to return for staff compliance review in six months.
Meeting Transcript
Good afternoon, everyone. Welcome to the February 27th, 2024 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 inter but 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. With us from staff, we have Jeff Tamolevich, Ryan Levake, Michelle, excuse me, Michelle Dalkey, Diana Kaminsky, Karen Stoval, Lily Drosos, Lucas Jensen, Whitney Mayfield, Joanna Barry, and Eddie Garcia. With us tonight on the commission, on my left, Commissioner Joe Forte, Commissioner Linda Spears, Commissioner Barbara Lloyd. On my right, Commissioner Larry Tom, Commissioner Charles Redman, and Commissioner Commissioner Rannon Corbett. Okay, um, on tonight's agenda. We will be considering our meeting minutes from our last meeting. Um then we will be reviewing our consent agenda. We have identified in our study session several items from our from the agenda tonight, which we would like to place on the consent agenda. If there's anyone here from the public wishing to speak on one of those items, which I will uh walk through, um, please get my attention and we can pull that from our consent agenda and can hear that case. Okay, so tonight, as I'd mentioned, our first item on the agenda is our study session, meeting minutes and regular ready regular meeting minutes from February 13th, 2024. Um the next item will be our consent agenda. On our consent agenda tonight, are items number two, 48th and Alameda West. Item number three, Lakeside Restaurant, Hayden Ferry Lakeside Restaurant. Item number four, Dutch Brothers Coffee. Item number six, Smith Residence, and item number eight, Club Cubs Spring Training Merchandise Sales. Was there anyone here from the public wishing to speak on one of those items? Please get my attention now. Okay. Seeing none, we will keep that consent agenda whole. Um we will be hearing items number five and number seven. Okay, so item number one study session and regular meeting minutes. We reviewed these in our study session. So I'm ready to hear uh commissioner commissioner. This week. This is a rare occasion. I'd like to move to accept the uh minutes of the study session and the regular committee meeting of February 13th. Okay, there is a motion. Is there a second? Second. Commissioner Tom has seconded. All those in favor, hold raise your hand. Okay, and uh Commissioner Corbett is abstaining. So that passes. Six to nothing. Um next up is our congent consent agenda. Can I get a motion for the consent agenda? So move. Okay, Commissioner Tom has put a motion for approval of consent agenda. Is there a second? Second, then Commissioner Redman has seconded. All those in favor, raise your hand. All right, thank you. And that passes unanimously. All right, so item number five. Thank you, everyone who has come this evening that had an item on consent.
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