Tempe Development Review Commission Meeting - April 10, 2024
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Tempe Development Review Commission Meeting - April 10, 2024
The Development Review Commission held a public meeting on April 10, 2024, at 2:00 PM UTC to consider routine approvals and a use permit for entertainment at Rusty Taco. The commission approved consent items and voted to approve the permit with modified conditions.
Consent Calendar
- Approval of Minutes: The commission approved the study session and regular meeting minutes from March 26, 2024. Commissioner Corbett abstained, as she was not in attendance at that meeting.
- Food Truck Project (PL 24048): Approved unanimously as part of the consent agenda with no public comment.
Discussion Items
- Use Permit for Entertainment at Rusty Taco (PL 24042): The applicant, Brandon Risk (co-owner), requested a use permit to allow live entertainment (DJ) at the restaurant located at 707 South Forest Avenue, Suite 112. The applicant sought to modify conditions 9 and 11 of the proposed permit to allow outdoor broadcast of live entertainment until 1:55 AM daily (instead of midnight) and to keep overhead doors open during that time. The restaurant has been operating since July 2022 and received a non-compliance notice in May 2023 for having a DJ without a permit, which prompted this application. Staff recommended approval subject to conditions, including limiting outdoor broadcasts to ambient music after midnight and closing overhead doors during live performances. The applicant argued that the volume would not change and that they have a lease agreement with the landlord (Atmosphere building) to manage noise. Commissioners discussed concerns about enforcement, precedent, and the definition of live entertainment. Staff clarified that the use permit covers all live entertainment (bands, DJs, etc.). Commissioner Spears proposed an amendment to define live entertainment as DJ only, eliminate conditions 9, 10, and 11, and require an administrative review in six months.
Key Outcomes
- Motion to Approve with Amendments: The commission voted unanimously to approve the use permit for Rusty Taco with the following modifications:
- Condition 4 amended to define live entertainment as DJ only.
- Conditions 9, 10, and 11 eliminated.
- A condition added requiring an administrative review of compliance within six months.
- The permit allows DJ-hosted music until 1:55 AM daily, subject to the city's noise ordinance (Chapter 20).
Meeting Transcript
Good evening, everyone. Welcome to the Development Review Commission meeting. Today is April 9th, 2024. 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 specific specified applications where the commission has final decision making power, including but not limited to all aspects of 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 is there 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 on the commission. We have to my right Commissioner Larry Tom, Commissioner Don Cassano, Commissioner Michelle, or Vice Chair Michelle Schwartz to my left, Commissioner Linda Spears, and Commissioner Rihanna Corbett. Tonight with us from staff, we have Jeff Tamolevich, Ryan Levake, Michelle Dalki, Chris Jasper, Lucas Jensen, Joanna Barry, and Jason Wolfe. Anyone here wishing to speak tonight from the public will be given uh three minutes to speak and we will um monitor that as appropriate um tonight on our agenda. We have five items. The first item is a consideration of the meeting minutes from the study and regular meeting of March 26, 2024. Um next, we will have a consent agenda, which will have one item unless there is someone who wishing to from the public wishing to speak on that item. Um that item will be item number three, which is the food truck project. And then um the last item that we will hear is item number two, which is use permit to allow entertainment for rusty taco. And then um announcements and miscellaneous round out the meeting. So to start, uh the development review commission study and regular meeting minutes from March 26, 2024. Is there a motion? Commissioner Cassano. Mr. Chairman, I would make a motion for approval of the commission study session of March 26, 2024, and the regular meeting of March 26, 2024. Thank you. Is there a second? Second. Commissioner Tom is seconded. All those in favor, please raise your hand. Okay, and that passes. And um, Commissioner Corbett is abstaining. Um, not in attendance that night and not wishing to vote. Okay, so those pass. Um second item is our consent agenda, which will include item number three. Was there anyone here from the public wishing to speak on the food truck project? Okay, seeing none. Um, I'll entertain a motion for the consent agenda. Commissioner Cassano. Chairman, I make a motion for approval of PL 24048 food truck project. Okay. A motion to approve the consent agenda. So is there a second? Uh seconded by Commissioner Tom. All those in favor, please raise your hand. And that passes unanimously. All right. Um, item number two. We are here to hear the um permit to allow entertainment for rusty taco if the applicant would like to um approach and present your case. Good evening. Please state your name and uh city of residence. Uh my name is Brandon Risk, and uh I live in Tempe. Great.
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