OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Development Review Commission Meeting - August 27, 2024

Development Review Commission — Tuesday, August 27, 2024
BodyTempe, Arizona
SessionDevelopment Review Commission
DateTuesday, August 27, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:59

Welcome to the August 27th, 2024 Development Review Commission hearing.

1:03

The development review commission has 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 the proposed and future development.

1:37

Any person aggrieved by final decision of the development review commission may file and fill it to the city council within 14 calendar days after the development review commission has rendered its decision.

1:45

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

2:04

We have Brian Levake, Michelle Dolkey, Karen Stoval, Jacob Payne, Chris Jasper, Joanna Barry, and Eddie Garcia.

2:13

During the public portion of this hearing, you'll be given if you wish to speak tonight.

2:55

If there's anyone here that wishes to speak on one of these cases, please get my attention as I read it off.

2:59

Item number four A, university loss.

3:03

Okay, item number four B electric bad arcade remodel.

3:07

And then item number six A is the ADU amendments.

3:11

Okay, seeing none, we will continue with that on uh those three on our consent agenda.

3:16

Um first off we have uh item number two on our agenda, which two A and two B, which are the approval of the study session and regular meeting minutes of August 13th, 2024.

3:24

Could I get a motion for that approval?

3:28

And that was uh moved by um Commissioner Lloyd.

3:31

Is there a second?

3:32

And seconded by Commissioner Tom, all those in favor, please raise your hand.

3:35

And uh passes unanimously.

3:37

Um next up is our consent agenda.

3:39

Could I get a motion for our consent agenda?

3:43

Um if you can just use your mic, yeah.

3:45

I move to approve the consent agenda.

3:47

Which uh includes four A, four B and six A.

3:50

And is there a second?

3:52

Second by Commissioner Spears, all those in favor, please raise your hand.

3:55

Okay, and that passes unanimously.

3:58

Okay, and we are moving on now to item number four C, which is the web remodel.

4:02

Um is the applicant here to present that case tonight?

4:07

If you can approach um and present your your case tonight.

4:19

Uh yeah, I'm the uh name is Joe Big.

4:21

I'm the architectural designer that uh did the plan support.

4:29

So did I just press this to uh correct?

4:32

Okay.

4:36

Uh yeah, and then uh for the team, it's just me and her.

4:39

So she she bought the residents and she was hoping to uh she rented it out to somebody temporarily because she's having a hard time selling the her her personal house now.

4:48

So she plans to uh just lease it for a year to whoever lives there now, and then as she sells her house.

4:53

Currently, she wants to move to that one.

4:55

So the project is called web remodel is I needed on the title block.

5:00

Uh here's the aerial view, and you can see where the white car is.

5:04

The proposal of this uh use permit is to make that or the white car into a double space primary for the residents existing.

5:14

Uh why but the garage there was built this house was built in 1975, and this house is built with a one-car garage.

5:23

So here's the aerial view.

5:34

Uh here's the uh side plan.

5:36

So here's the proposed side plan showing the new remodel area of the demo areas.

5:40

The previous owner did uh like the what she did.

5:44

Or what the reason why the use permit is being called for is because Linda did not do the uh begin a garage level space.

5:51

She bought it like that.

5:52

So somewhere between the when it was built in 25 to the when she bought it, that's when it was uh turned into it from the previous owner.

5:58

I mean, not only did he do that, he uh he didn't code paddy on the west side, the setback line, which now Linda has to deal with.

6:04

So she's gonna demo that so the setback can be met.

6:10

And this is an R16 zone, and her proposal turns this uh single funding resident into a four bit of single fund resident by making this uh livable garage garage area permitted.

6:23

Here's the uh floor plan.

6:26

So the one the one down on the right is where she bought it.

6:28

So it was already like that.

6:29

It was built back in 1935.

6:30

That's how I used to look in the upper left hand when she bought it, it was already uh turned into the guest house.

6:38

Or guess uh guest house that put the code padding on the left side.

6:41

So here's the uh elevation.

6:48

So she plans to uh turn the front uh garage door, close it off of the wall, and just give it the same look as it came with the original P111 sides, same color and everything to keep the look and give it a color pattern up there like I said earlier.

7:06

And to uh to summarize her narrative, she tends to turn the permit the garage to a permit labelable space, which she did not do from on her own, that she bought it like that, making the house to the four bedroom house.

7:22

And the proposal is to make the front driveway the primary two-called parking space.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████37%
Community Engagement████████████████████████████████32%
Affordable Housing███████████11%
Transportation Safety█████████9%
Transportation████4%
Procedural██2%
Parks and Recreation██2%
Housing██2%
Environmental Protection█1%
Summary of Proceedings

Development Review Commission Meeting - August 27, 2024

The Tempe Development Review Commission held a public hearing on August 27, 2024, at 2:00 PM. The meeting covered consent calendar items, three use permit requests, and a major zoning amendment for a multifamily development. Key actions included unanimous approval of the consent agenda, approval of the Webb Remodel parking variance, a 5-2 vote to approve the McKenzie Residence rooftop patio, and unanimous approval of the Cabana Kyrene rezoning and development plan.

Consent Calendar

  • Minutes Approval: The commission approved the minutes of the July 23, 2024 study session and regular meeting (transcript incorrectly states August 13, 2024 — a discrepancy exists between the agenda and transcript). Motion passed unanimously.
  • Item 4A – University Lofts: Use Permit for a reduced side yard setback (10 ft to 8 ft) for a three-story, 5-unit attached single-family development at 802 West University Drive. Approved unanimously.
  • Item 4B – Electric Bat Arcade Remodel: Use Permits to expand an amusement business (pinball arcade) and a bar at 29 West Southern Avenue. Approved unanimously.
  • Item 6A – ADU Amendments: Code Text Amendment to implement state mandates (HB 2720) for accessory dwelling units. Approved unanimously.

Public Comments & Testimony

Item 4C – Webb Remodel: Two residents spoke in opposition. James Felke (1417 East Hudson Drive, resident since 1982) argued that adding parking would turn the front yard into a "parking lot" and harm the single-family character. D Carpenter (Hudson Manor President) requested that the property owner occupy the home rather than rent it. The applicant, Joe Begay, clarified that no driveway widening was proposed.

Item 4D – McKenzie Residence: Numerous neighbors opposed the project. Kyle Wylog (adjacent neighbor, HOA president) stated the viewing deck was built without permits and violates CC&Rs, with direct views into neighbors' bedrooms. Karen Cosgrove (behind the property) said she lost all privacy, cannot use her backyard, and her home value has decreased. Diane Winter, Jill Stranquist, Amanda Sprouts, and Kim Scoggins echoed privacy concerns, noting the deck overlooks master bedrooms and pools. Gary Muschenkel and Greg Autry spoke in support, stating two-story homes are common in the area and the deck is not obtrusive.

Item 5A – Cabana Kyrene: Over a dozen public comments opposed the project. William Gibson (Brittany Lane HOA) cited traffic increases (1,543 new daily trips), a dangerous intersection (154 accidents in 10 years), and crime concerns. Tia Masingel, Yvonne Pearson, Jim Hassad, Beth Thompson, Melissa Balkin, Hilary Goldson, Amber Wheeler, Eric Gorsinger, Renee Sakala, and Diane Wolf raised issues including traffic, loss of privacy, parking lot noise, incompatibility with neighborhood character, and lack of grocery stores. Eric Gorsinger requested a one-month continuance to negotiate site plan changes. The applicant and staff responded that the project meets all criteria and traffic impacts are lower than commercial uses.

Discussion Items

Item 4C – Webb Remodel: Applicant Joe Begay presented plans to convert an unpermitted garage conversion into a legal 5-bedroom home, requiring two parking spaces in the front setback. Staff supported approval, noting the parking is already existing and compatible with the neighborhood. The commission approved unanimously.

Item 4D – McKenzie Residence: Applicant Lauren Proper Potter requested a Use Permit to add a 2-foot railing on an existing accessory building to create a rooftop patio. Staff noted the structure is 30+ feet from property lines and meets all criteria. Neighbors argued the deck was built without permits and invades privacy. The commission debated whether the issues were neighborhood disputes or code violations. A motion to approve passed 5-2 (Commissioners Schwartz and Forte opposed).

Item 5A – Cabana Kyrene: Applicant Maj LaVez and architect Rob Gaspar presented a 229-unit, three-story multifamily development on 7.69 acres at 515 West Guadalupe Road. The project includes a zoning change from PCC-1 to R-5, a Planned Area Development overlay, and a Development Plan Review. Key features: 22% lot coverage, 47% landscape area, 369 parking spaces, and 12 EV charging stations. Traffic study shows 1,543 new daily trips (4% increase). Staff recommended approval with conditions. The commission discussed the project's alignment with housing diversity goals and noted that the site has been vacant for decades. Motion to approve (including removal of two staff conditions) passed unanimously.

Key Outcomes

  • Item 4C – Webb Remodel: Approved (unanimous). Use Permit to allow two parking spaces in front yard setback at 1437 East Hudson Drive.
  • Item 4D – McKenzie Residence: Approved (5-2). Use Permit for a second-story addition (rooftop patio railing) at 2069 East Ranch Road. Conditions require building permits and structural review.
  • Item 5A – Cabana Kyrene: Approved (unanimous). Zoning Map Amendment, Planned Area Development Overlay, and Development Plan Review for 229-unit multifamily development at 515 West Guadalupe Road. Conditions include shade canopies on third-story windows, waste service hours 6 AM–6 PM, and an 8-foot perimeter wall adjacent to single-family homes. Two boilerplate conditions (DPR #4 and #9) were removed.
  • Next Meeting: September 10, 2024, at the Tempe History Museum (study session 6:30 PM, regular meeting 7:00 PM).

Meeting Transcript

Welcome to the August 27th, 2024 Development Review Commission hearing. The development review commission has 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 the proposed and future development. Any person aggrieved by final decision of the development review commission may file and fill it 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. We have Brian Levake, Michelle Dolkey, Karen Stoval, Jacob Payne, Chris Jasper, Joanna Barry, and Eddie Garcia. During the public portion of this hearing, you'll be given if you wish to speak tonight. If there's anyone here that wishes to speak on one of these cases, please get my attention as I read it off. Item number four A, university loss. Okay, item number four B electric bad arcade remodel. And then item number six A is the ADU amendments. Okay, seeing none, we will continue with that on uh those three on our consent agenda. Um first off we have uh item number two on our agenda, which two A and two B, which are the approval of the study session and regular meeting minutes of August 13th, 2024. Could I get a motion for that approval? And that was uh moved by um Commissioner Lloyd. Is there a second? And seconded by Commissioner Tom, all those in favor, please raise your hand. And uh passes unanimously. Um next up is our consent agenda. Could I get a motion for our consent agenda? Um if you can just use your mic, yeah. I move to approve the consent agenda. Which uh includes four A, four B and six A. And is there a second? Second by Commissioner Spears, all those in favor, please raise your hand. Okay, and that passes unanimously. Okay, and we are moving on now to item number four C, which is the web remodel. Um is the applicant here to present that case tonight? If you can approach um and present your your case tonight. Uh yeah, I'm the uh name is Joe Big. I'm the architectural designer that uh did the plan support. So did I just press this to uh correct? Okay. Uh yeah, and then uh for the team, it's just me and her. So she she bought the residents and she was hoping to uh she rented it out to somebody temporarily because she's having a hard time selling the her her personal house now. So she plans to uh just lease it for a year to whoever lives there now, and then as she sells her house. Currently, she wants to move to that one. So the project is called web remodel is I needed on the title block. Uh here's the aerial view, and you can see where the white car is. The proposal of this uh use permit is to make that or the white car into a double space primary for the residents existing. Uh why but the garage there was built this house was built in 1975, and this house is built with a one-car garage. So here's the aerial view. Uh here's the uh side plan. So here's the proposed side plan showing the new remodel area of the demo areas. The previous owner did uh like the what she did. Or what the reason why the use permit is being called for is because Linda did not do the uh begin a garage level space. She bought it like that. So somewhere between the when it was built in 25 to the when she bought it, that's when it was uh turned into it from the previous owner. I mean, not only did he do that, he uh he didn't code paddy on the west side, the setback line, which now Linda has to deal with. So she's gonna demo that so the setback can be met. And this is an R16 zone, and her proposal turns this uh single funding resident into a four bit of single fund resident by making this uh livable garage garage area permitted.

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