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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Tempe Development Review Commission Meeting – May 28, 2024

Development Review Commission — Tuesday, May 28, 2024

BodyTempe, Arizona

SessionDevelopment Review Commission

DateTuesday, May 28, 2024

StatusFILED

Video Record

0:00 / 42:08

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

0:01

Good evening, everyone.

0:02

Welcome to the May 28th, 2024 Development Review Commission hearing.

0:07

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.

0:29

The 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 public health, safety, and general welfare.

0:53

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.

1:04

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

1:10

Tonight with us on the commission, we have on my right, Commissioner Larry Tom, Commissioner Don Cassano, Commissioner Rihanna Corbett.

1:19

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

1:27

And tonight with us from staff, um Mr.

1:31

Ryan Levake, Diana Kaminsky, Lily Drosos, Lucas Jensen, Whitney Mayfield, Joanna Barry, and Eddie Garcia.

1:42

Tonight on our agenda, we have determined during our study session a consent agenda.

1:49

These items will not be heard, but they will be passed through unanimous consent on a consent agenda.

1:56

Those items include item.

1:58

If if anyone here tonight is here wishes to see one of these, please get my uh attention, and we can pull it from the consent agenda.

2:06

Um, those items are number one, Lush Cafe and Lounge.

2:10

Item number four, James Madison Preparatory.

2:16

And that is the total of our consent agenda tonight.

2:21

Um the rest of the items number two, number five, and number six will be heard.

2:29

So with that, we have no um meeting minutes to approve, so we'll move right into the consent agenda.

2:36

Um, can I get a commissioner Cassano?

2:39

Yes, Mr.

2:40

Chairman.

2:40

I would make a motion to approve consent agenda and consent agenda items number one and number four.

2:47

Okay, is there a second?

2:50

We might have public comment.

2:53

So was this was this for our consent agenda?

2:56

No.

2:57

Okay.

2:57

Uh is there a second?

2:59

Second.

2:59

Okay, it's seconded by Commissioner Miller.

3:01

All those in favor, please raise your hand.

3:04

All right, and that passes unanimously.

3:07

Um thank you for the reminder.

3:09

So if anyone is here to speak on a case tonight, please fill out a comment card.

3:14

Um, they can be found in the back or um up with uh Ms.

3:17

Barry, and we will give you time to speak on whichever item you are wishing to speak on.

3:24

Um, just uh as a note, there is a two-minute time limit on um all public comments.

3:32

All right, so uh next up is item number two.

3:36

Would the applicant please approach and present your case for us tonight?

3:45

Welcome.

3:45

Please state your name and city of residences.

3:48

Uh nice uh hello, my name is uh Jason Horn.

3:51

Uh, thank you guys for taking the time to uh meet with us.

3:54

Um Joey Horley at the City of Residence Tempe.

3:57

City residents uh tempe as well.

3:59

Great.

4:01

Okay, welcome.

4:02

Thank you.

4:03

Um so we would uh like to host uh events at our establishment, um, such as uh you know bingo and karaoke.

4:16

Um, you know, we would also like to host maybe some small bands and um and just have an opportunity to partake in the vibrancy that we see at Tenpee Mill Avenue, and we just want to you know just be a part of it.

4:36

My Joe, my partner Joey would like to speak on it as well.

4:39

Uh yeah, and then if I can take you through the slideshow here.

4:43

Uh not sure how to clicker.

4:46

Um, just to kind of explain some things.

4:48

We're located right on Mill Avenue, um, just north northeast of Fifth and Mill.

4:55

I guess I just lost it.

4:56

Um you can see in red our building.

5:00

This is a regional aerial um local aerial brings us in a little closer.

5:05

Um see our location right on Mill.

Discussion Breakdown — Share of Meeting

Business Licensing██████████████████████████████████34%

Procedural█████████████████17%

Sustainability████████████12%

Zoning and Land Use█████████9%

Engineering And Infrastructure███████7%

Parking██████6%

Cannabis Regulation████4%

Public Engagement████4%

Public Health███3%

Summary of Proceedings

Tempe Development Review Commission Meeting – May 28, 2024

The Development Review Commission met on May 28, 2024, at 2:00 PM (MST) to consider several use permits, a planned area development, and a continuance. The meeting included a consent agenda, public hearings, and commission votes. Key actions included approval of a use permit for High Maintenance Smoke Shop, a continuance for Dimes Cabaret, and approval of the Project Elevate development.

Consent Calendar

Item 1 (Lush Cafe and Lounge) – Request for a Use Permit to allow entertainment (live music) at 7470 South Priest Drive. Approved unanimously.
Item 4 (James Madison Preparatory) – Request for a Use Permit to allow a six-foot-high fence within the front yard setback at 5815 South McClintock Drive. Approved unanimously.

Public Comments & Testimony

Item 2 (High Maintenance Smoke Shop): Two online supporters submitted comments but were not present during the hearing. No in-person public comments were received.
Item 5 (Dimes Cabaret): The applicant requested a continuance to address questions from a community member; no public comments were heard.
Item 6 (Project Elevate): No public comments were received.

Discussion Items

Item 2 – High Maintenance Smoke Shop (411 South Mill Avenue, Suite 103): The applicant, Jason Horn, and partner Joey Horley (Tempe residents) presented a request for a Use Permit to allow singing, dancing, stand-up comedy, DJ, trivia, and games in their private smoking lounge. The lounge has a capacity of 83 people, is membership-only, and speakers face away from doors. The business had a prior code violation for hosting entertainment without a permit; the violation was closed on March 12, 2024, after the application was filed. Staff recommended approval with conditions (indoor-only entertainment, windows/doors closed during events, speakers facing inward, and patio modification permits required before entertainment use becomes effective). The applicant also noted a separate application for intensification of the tobacco retailer use (cannabis consumption) is pending. The commission approved the use permit unanimously.
Item 3 – McKenzie Residence (2069 East Ranch Road): Withdrawn by the applicant before the hearing.
Item 5 – Dimes Cabaret (910 North McClintock Drive): Request for a Use Permit to expand existing entertainment hours from 2:00 AM to 6:00 AM. The applicant, Jeff Miller, requested a continuance to the next regular meeting on June 25, 2024, to address questions from a community member. The commission granted the continuance unanimously.
Item 6 – Project Elevate (1850 West Elliot Road): The applicant, Swire Coca-Cola (represented by Randy Hirose and Brian Wright of Kimley-Horn), requested a Planned Area Development to modify building height from 90 to 160 feet, a Use Permit to exceed maximum parking (from 638 to 485 spaces, exceeding the 125% code limit), and Development Plan Review for a new 160-foot-tall manufacturing and warehouse building on 42.5 acres. The project will reduce parking by 153 spaces, enhance landscaping along Elliott Road and the west side (in coordination with ADOT), and includes a 10-foot grade change for the parking area. No neighborhood meeting attendees or public concerns were reported. Staff recommended approval with conditions, including upgrades to Todd Drive, bike parking (66 spaces), lighting restrictions to avoid freeway distractions, and ADOT coordination. The commission approved the project unanimously.

Key Outcomes

Approved: Use Permit for High Maintenance Smoke Shop (Item 2) – unanimous vote.
Continued: Dimes Cabaret (Item 5) to June 25, 2024 – unanimous vote to continue.
Approved: Project Elevate (Item 6) – unanimous vote, including the Planned Area Development, Use Permit for parking, and Development Plan Review, subject to staff conditions.
Consent Agenda: Items 1 and 4 approved unanimously.
Next Meeting: June 25, 2024.

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