Development Review Commission Hearing - October 9, 2024
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Development Review Commission Hearing - October 9, 2024
The Tempe Development Review Commission met on October 9, 2024, to consider consent agenda items and a code text amendment (PL240346) regarding engineered shade structures in residential front yards. The meeting included public comment and commission discussion, culminating in unanimous approval of the amendment.
Consent Calendar
- Consent Agenda One (Item 4A): Approved 6-1, with one abstention.
- Consent Agenda Two (Items 4B and 4C): Approved unanimously with no public comment.
Public Comments & Testimony
- Kendra Sallers (Tempe resident): Expressed support for the city's 2040 shade goal but raised concerns that the proposed code made building a shade structure more restrictive and costly. She noted a quote of $26,000 for a 400-square-foot detached structure and questioned the five-foot setback requirement, the lack of specificity for attached structures, and the engineering burden (IRC/IBC requirements leading to excessive concrete). She urged clearer, more feasible regulations.
Discussion Items
- Code Text Amendment (PL240346) – Engineered Shade Structures: Diana Kaminsky (Principal Planner) presented amendments to allow permanent engineered shade structures (e.g., tensile fabric canopies) over driveways in front yards subject to a use permit. Key changes included:
- Removal of material references; tensile structures allowed if meeting building code.
- Clarification that engineered shade can be attached or detached; detached structures require a use permit.
- Detached structures limited to area over the required driveway, with a 5-foot setback from side and front lot lines (due to building code fire-rating implications).
- No storage sheds, shelves, or boxes allowed under the shade structure.
- Use permit process allows neighbor notification and review of neighborhood character, parking, and impacts.
- Existing provisions for backyards remain unchanged.
- Commission Discussion:
- Vice Chair Schwartz: Questioned why shade structures are limited to the driveway area; staff noted concerns about multiple structures and compatibility.
- Commissioner Miller: Clarified that backyard structures are not affected; asked about height and size limits for accessory buildings.
- Commissioner Tom: Asked about attached vs. detached distinctions; staff clarified that attached structures (e.g., carports) may need a variance if encroaching on front setbacks, while detached structures trigger the use permit.
- Commissioner Miller: Expressed concern about the definition prohibiting storage under the structure, noting enforcement challenges. Staff explained that excessive storage is already a common code violation.
- Commissioner Lloyd: Clarified that the discussion pertained to detached structures; the storage restriction applies only to new engineered shade structures.
- Staff Response: Diana Kaminsky offered to work directly with concerned residents. Staff also mentioned plans to develop standard plans (6–10 sets) to simplify the process for homeowners.
Key Outcomes
- Motion to approve PL240346 (made by Commissioner Spears, seconded by Commissioner Lloyd) passed unanimously (all in favor).
- The code text amendment will proceed to City Council public hearings on November 21, 2024 and December 19, 2024.
- Staff committed to developing standardized design details to reduce confusion and cost for residents.
- Commission members noted the need for clearer language and better public outreach.
Commission Announcements
- Commissioner Forte: Announced the Tempe Sister Cities Oktoberfest fundraiser (Friday through Sunday, October 11–13, 2023) to support student cultural exchanges.
- Next scheduled meeting: October 22, 2024.
Meeting Transcript
Good evening, everyone. Welcome to the October 8th, 2024 Development Review Commission hearing. I'm Andy Johnson. 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 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 that is therefore considered to be in the best interest of public health, safety, and general well, 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 city council are not final decisions. Tonight with us on the commission. On my right, we have Commissioner Robert Miller, Commissioner Larry Tom, Vice Chair Michelle Schwartz, and to my left, Commissioner Joe Forte, Commissioner Linda Spears, Commissioner Barbara Lloyd. With us tonight from staff, we have Jeff Tamolevich, Brian Levake, Michelle Dalkey, Diana Kaminsky, Chris Jasper, Lucas Jensen, Joanna Barry, and Jason Wolfe. Anyone wishing to speak tonight on one of the cases will need to fill out one of these forms and bring it up to Joanna Barry. And you'll give him three minutes to speak. And now we can move on to our regular agenda. We did not have any meeting minutes to consider. Tonight. Was there anyone wishing here tonight wishing to speak on item 4A? Okay, we'll keep that as consent agenda one. And then on the second consent agenda, we have item 4B, Hanson Family Residents. Anyone wishing to speak on that? Okay, and then item 4C, Canopy Temp B. Anyone wishing to speak on that item? Okay. 4B and 4C will be on our second consent agenda. And then we will be hearing item number 6A, which is a code text amendment. Okay, so let's move on to our consent agendas. Um, consent agenda one, can um including item number four A. Can I get a motion for that item? Commissioner Spears. Oh, Commissioner I'm sorry. Commissioner Miller. Uh move to approve uh consent agenda one. Okay, and there's is there a second? Second. And seconded by Commissioner Spears. All those in favor, please raise your hand. And that passes with six in favor and one abstaining. Um and then now consent agenda consent to agenda two. Is there a motion for that item? Commissioner Forte. Motion to approve the uh motion to approve the consent agenda two. Okay, there's a motion. Is there a second? Second. Seconded by Commissioner Spears. Okay, all those in favor, please raise your hand. All right, and that passes unanimously. So now we will move on to item number six A, Ms. Kaminsky. Good evening, Chair, Commission Diana Kaminsky, Principal Planner with Community Development Planning Division. Some of these slides will be familiar from the last time we were here for study session.
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