Tempe Development Review Commission Meeting – November 13, 2024

The Development Review Commission (DRC) met on November 13, 2024, at 6:30 PM to consider several land-use applications, a code text amendment, and routine approvals. The meeting included the approval of minutes, the 2024 annual report, a consent agenda, and three public hearing items. The commission approved a use permit and development plan for a human services center, a rezoning and planned area development for a student housing project, and a code amendment to implement state-mandated adaptive reuse provisions. Public testimony was heard on the adaptive reuse code.

Consent Calendar

• Minutes Approval: Motion to approve study session and regular meeting minutes of October 22, 2024 passed unanimously.
• 2024 DRC Annual Report: Motion to accept the annual report passed unanimously.
• Consent Agenda Items: Items 4B (Hall Residents), 4D (Abraham Residents), 4F (Girling's Edition), 4G (Neptune Smoke), 6A (Code Text Amendment), and 6C (Code Text Amendment) were approved unanimously as a consent agenda without public testimony.

Public Comments & Testimony

• David Sokolovski (Tempe resident) spoke during public comment on Item 6B (Adaptive Reuse Code). He argued that Tempe should not restrict affordable housing within 100 feet of single-family homes, stating that the city needs up to 30,000 low-income units by 2050 and that the 100-foot buffer is a double standard not applied to market-rate projects. He urged the commission to approve the code without that restriction to avoid a state-imposed "builder's remedy" and loss of local control.

Discussion Items

Item 4C: East Valley Health Housing and Human Services Center (TCAA)

• Applicant Presentation: Mike Duffy (RSP Architects) and Deborah Artiaga (CEO, Tempe Community Action Agency) presented a proposed use permit and development plan review for a new office, shelter, and services building at Apache Boulevard and Lebanon Street. The project will consolidate nine human services programs into one location, serving low-income households. The building includes a welcome center, market-style pantry, kitchen, multi-purpose room, shelter beds, transitional housing, and offices. Design emphasizes natural light and trauma-informed design. The site is 3.2 acres, currently occupied by the former Watson's Flower building.
• Staff Presentation: Jacob Payne (Senior Planner) reviewed the request for an institutional use permit and development plan. The building is set back 50 feet from adjacent properties per code. Three letters of support and one opposition letter were received. Staff recommended approval with three unique conditions: (1) a cross-access easement to adjacent city-owned property to the east; (2) moving the recessed front door forward to align with the building face (to prevent loitering); and (3) incorporating permeable breeze blocks in a front wall for safety.
• Public Testimony: Charles Redman (Tempe resident, 41 years) expressed strong support, noting TCAA's 60-year history, service to 35,000 people annually (1 in 7 Tempe residents), and the inefficiency of operating in five separate locations. He highlighted the dignified food pantry design and the project's visibility for human services.
• Commission Discussion: Commissioners discussed the cross-access condition. The applicant noted that giving up two parking spaces (from an already generous supply) would impact clients, and requested that future shared parking with the adjacent city lot be considered. Staff clarified the need for access to the city's parcel. Commissioner Spears suggested the condition be modified to allow future negotiation of a shared parking agreement. Regarding the recessed doorway, Commissioner Richter asked about acceptable depth; staff and police recommended 12–18 inches. The applicant expressed willingness to adjust. Motion by Commissioner Spears, seconded by Commissioner Richter, to approve with amendments: (a) condition 9 modified to allow a recess of up to 18 inches, and (b) condition 4 modified to require a future shared-use parking agreement negotiated at a later time. The motion passed unanimously.

Item 5B: Nova Tempe (Rezoning and PAD)

• Applicant Presentation: Nick Woods (Snell & Wilmer) presented a zoning map amendment from CSS-TOD to MU4-TOD and a new Planned Area Development (PAD) overlay for a 20-story mixed-use student housing project at the southeast corner of University Drive and Rural Road. The project includes 950 units (2391 beds: 319 studios, 41 one-bedroom, 132 two-bedroom, 68 three-bedroom, 391 four-bedroom), 15,000 sq ft of ground-floor retail, a 10-story parking structure (967 spaces, 0.35 per bed), and a 56% lot coverage. Design features include a 40-foot setback from University, 10-foot sidewalks, enhanced bus stop, and extensive landscaping. Two 20-story towers are connected by a parking garage. The applicant cited proximity to two recently approved high-rise projects (18 and 24 stories) and noted the need for zoning approval by year-end due to contractual obligations with multiple property owners.
• Staff Presentation: Karen Stovall (Senior Planner) summarized the application. The PAD sets maximum height at 237 feet, min landscape 52%, and parking ratio 0.35/bed (analysis supports reduction from required 2,140). The driveway on University aligns with existing driveway across the street; a future signal is planned. A pedestrian connection to 8th Street is included. A neighborhood meeting in September had three attendees with no concerns; one email supported higher density. Staff recommended approval with two unique conditions: (1) development plan review (DPR) must be filed within two years of City Council approval, and (2) a revised traffic impact study must accompany the DPR (due to a relocated driveway).
• Public Testimony: None.
• Commission Discussion: Commissioner Spears expressed reservations about approving a zoning change without a concurrent DPR, citing uncertainty with multiple parcels. Commissioner Richter noted that renderings are part of the record but final design will come later. Staff clarified that the code does not require DPR concurrently and that the two-year condition is a safeguard; extensions are possible. The applicant offered to reduce the deadline to one year given imminent DPR submittal. Commissioner Tom moved to approve as recommended by staff. The motion passed 5–2, with Commissioners Spears and Schwartz opposed. The approved PAD includes the two unique conditions as proposed by staff; the two-year deadline was not reduced in the motion.

Item 6B: Adaptive Reuse of Commercial Office and Mixed-Use Buildings (Code Text Amendment – HB 2297)

• Staff Presentation: Mbika Harkey (Principal Planner) and Jacob Payne presented a code amendment to implement Arizona House Bill 2297, which requires municipalities over 150,000 population to allow multifamily adaptive reuse of commercial office and mixed-use buildings without public hearings, subject to criteria. The city must permit up to 10% of existing stock (about 252 buildings) to be converted or redeveloped. The city may exclude up to 10% of such buildings to protect employment centers or neighborhoods; staff proposed excluding areas along arterial intersections near single-family neighborhoods. Key standards: buildings must be economically or functionally obsolete (e.g., >50% vacancy for a year), site between 1 and 20 acres, 10% of units set aside as moderate/low-income housing, height limited to 5 stories for new construction (2 stories if within 100 feet of single-family zoning), and setbacks/height of existing buildings become legal nonconforming. Historic districts and airport noise contours are statutory exclusions. The city has held two public meetings and a joint meeting with DRC; public feedback was divided on the 100-foot buffer. The draft ordinance and exclusion map are before the commission for recommendation; City Council hearings are scheduled for November 21 and December 19 to meet a January 1, 2025 deadline.
• Public Testimony: David Sokolovski spoke in opposition to the 100-foot buffer, arguing it restricts affordable housing production and conflicts with state intent. He urged the commission to approve the code without that provision.
• Commission Discussion: Commissioners asked clarifying questions about the 100-foot requirement (measured from property line), density standards (nearest multifamily district), and processing (administrative site plan review). Staff explained that the buffer applies only to new buildings, not existing, and is a reasonable protection for single-family areas. Commissioner Spears moved to approve the code amendment, seconded by Vice Chair Schwartz. The motion passed unanimously.

Key Outcomes

• Item 4C (TCAA Center): Approved unanimously with modified conditions: front door recess limited to 18 inches; cross-access easement condition amended to include future negotiation of shared parking agreement.
• Item 5B (Nova Tempe): Approved 5–2 (Commissioners Spears and Schwartz opposed) subject to staff’s recommended conditions (DPR within two years and revised traffic study; the two-year deadline remains per the motion).
• Item 6B (Adaptive Reuse Code): Approved unanimously to recommend the code text amendment to City Council, including the 100-foot buffer from single-family zoning and the city’s optional exclusion map.
• Consent Calendar and Routine Items: All passed unanimously.
• Next Steps: The adaptive reuse code will go to City Council for two hearings (November 21 and December 19, 2024). The Nova Tempe rezoning will proceed to City Council with the DPR expected within two years. The TCAA center development will proceed with the amended conditions.