Development Review Commission Meeting – August 13, 2024

The Development Review Commission of Tempe, Arizona, met on August 13, 2024, at 2:15 PM to consider a consent agenda and a public hearing for a zoning map amendment and development plan review at the northwest corner of Rural and Warner Roads. The meeting included public testimony and commission discussion, resulting in approval of the consent items and the proposed development.

Consent Calendar

• Approved unanimously the study session and regular meeting minutes from July 23, 2024.
• Approved unanimously the consent agenda consisting of the following items:
  • Item 2: Nelson Residence – Use Permit for two parking spaces within front yard setback (209 East Manhatton Drive).
  • Item 3: Bellagio Smoke and Vape – Use Permit for tobacco retailer (1753 East Broadway Road, Suite 102).
  • Item 4: Verlea Project – Use Permit for two parking spaces within front yard setback (1633 East Verlea Drive).
  • Item 5: McCracken Residence – Use Permit for two parking spaces within front yard setback (1500 West 7th Place). (Originally pulled for public comment, but speaker was not present, so it remained on consent.)

Public Comments & Testimony

• Michael Myrick (Tempe resident, 45+ years, former public official) opposed the project due to traffic concerns. He stated that residents on 71st Street already experience overflow parking from the nearby Postino (northeast corner) and that turning left out of the neighborhood is dangerous. He felt the traffic study underestimated impacts and that the project would worsen existing issues.
• Larry Kelly (71st Street resident since 1967) supported the development, noting the corner is the “ugliest” between US-101 and I-10 and that it would provide a community gathering place and a sound buffer. He requested measures to prohibit overflow parking on 71st Street.
• Joe Lewis (neighborhood resident for 40 years) opposed the project, arguing that the area is rural and that additional density is not needed. He questioned the parking reduction and expressed concern about the potential for undesirable tenants in the future.
• Doug Brown (71st Street resident) opposed the parking reduction, citing concerns about overflow parking on 71st Street and the difficulty of turning left out of the neighborhood. He said the reduction of 29 spaces from code requirements would lead to parking in residential areas.
• William Judge (Tempe resident, 8405 South College Lane) supported the project, calling the site an “eyesore” and stating the community is underserved by retail/restaurants. He believed the traffic study adequately addressed concerns and that biking/walking would be encouraged.
• Paul Lines (resident) opposed the location of the driveway on Warner Road, advocating for a right-in/right-out only configuration to reduce accident risk. He argued that left turns into and out of the site would be dangerous due to high speeds and proximity to the intersection.

Discussion Items

• NWC Rural and Warner (PL240155) – Zoning Map Amendment from AG to PCC-1 with a Planned Area Development Overlay and Development Plan Review for a 3.75-acre single-story commercial development with four buildings (11,500 sq ft retail, 16,000 sq ft restaurant, plus patio).
  • Applicant presentation (Majela Boss, Gammage and Burnham; Jamie Blakeman, traffic engineer; Lanya Shaw, Butler Design Group):
    • Proposed 235 parking spaces (29 fewer than code’s 264) but increased bike parking to 35 spaces (double code requirement).
    • Traffic study estimated 2,000 weekday trips, with 180 AM peak and 231 PM peak trips. The study was approved by Tempe traffic engineers.
    • Design emphasized articulation, pedestrian scale, and mid-century modern aesthetic with materials like brick, metal panel, and fiber cement board. Buildings are pushed to the street with landscape buffers along residential edges.
  • Staff report (Seth, Community Development):
    • Staff recommended approval subject to conditions, including parking management strategies (valet, off-site agreements) if needed, and requirements for right-of-way dedication, archaeological protocols, and cultural sensitivity training.
    • The site is archaeologically sensitive; no prior development.
    • 55 attendees at the neighborhood meeting; mixed feedback. Letters: 1 support, 1 opposition at report writing; additional 3 support, 3 opposition received later.
  • Commission discussion:
    • Commissioner Richter suggested adding windows or glass on street-facing elevations; applicant agreed to consider.
    • Commissioner Tom suggested adding metal canopy elements on street sides; applicant agreed to work with staff.
    • Commissioner Schwartz asked about permit parking on 71st Street; city traffic engineer Corey Steele confirmed resident-initiated permit parking is possible with 70% neighborhood vote.
    • Commissioner Spears opposed right-in/right-out restrictions, stating they push traffic into neighborhoods.
    • Commissioner Tom supported the project, noting he drives the intersection daily and that parking reduction is acceptable.
    • Chair expressed support, noting the positive transformation of the nearby northeast corner.

Key Outcomes

• Motion to approve PL240155 (by Commissioner Spears, seconded by Commissioner Richter) – passed unanimously (no recorded dissents).
• Conditions of approval include:
  • Applicant to work with staff on design enhancements (metal canopies, windows on street elevations) as discussed.
  • Parking management plan (valet or off-site agreements) to be developed if parking demand exceeds supply.
  • Standard conditions for right-of-way, archaeological protocols, and cultural sensitivity training.
• No further action on consent agenda items (approved).
• Next steps: The development review commission’s recommendation (approval) will be forwarded to the Tempe City Council, which has final decision authority. An appeal must be filed within 14 days of the commission’s decision.

Meeting ended at approximately 4:15 PM (estimated from transcript length).