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Record of Proceedings

Development Review Commission Meeting Summary - May 13, 2025

Development Review CommissionTuesday, May 13, 2025
BodyTempe, Arizona
SessionDevelopment Review Commission
DateTuesday, May 13, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:59

All right, we'll get this meeting going.

1:02

Thank you all for being here this evening.

1:05

Welcome to the May 13th, 2025 Development Review Commission.

1:09

I'm Andrew Johnson.

1:10

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 rendering 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.

1:32

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 promoting harmonious, safe, attractive, and compatible development that is therefore considered to be in the best interest of public health, safety, and general well and general welfare.

1:54

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.

2:05

Tonight on the commission, uh we have to my far right, Commissioner Stefan Richter.

2:12

Next to me, Commissioner Charles Redman, and to my far left, Commissioner Robert Miller, Commissioner Linda Spears, Commissioner Rihanna Corbett.

2:21

And tonight with us from staff, we have uh Ryan Levake, Michelle Dalkey, Diana Kamensky, uh Karen Stoval, Chris Jasper, Robert Manselillo, Lucas Jensen, Whitney Mayfield, Alexander Boxworth, Joanna Barry, and Jason Wolfe.

2:47

Anyone wishing to speak tonight, please fill out one of these cards and bring it up to uh Miss Barry.

2:53

And you'll be given up to three minutes to speak.

2:56

And that time will be monitors monitored.

2:59

Um also note that the WebEx chat box for those joining us online is not monitored or moderated.

3:06

All right, tonight on our agenda, uh, we have we'll skip right to our consent agenda.

3:13

Tonight we do not have any meeting minutes to consider.

3:17

And so we met during our study session as a commission and decided on a consent agenda.

3:23

I will read off the items on that consent agenda.

3:26

If anyone here is here tonight to hear, wishes to hear one of those or wishes to speak, I should say, on one of those items.

3:33

Um, please get my attention and we can pull that from the uh uh the consent agenda.

3:40

So first on the consent agenda is item three B, which is the Chassis Siesta Office two.

3:48

Item three C, which is collision tempy collision center.

3:55

Item four A, Ulysses remodel.

4:00

Item four B Radislavescu residents.

4:07

Did my best on that one.

4:10

Um item four Cecus residents and item oh item four D, ADU build, Harvey residents, and item six A, which is the zoning and development code.

4:24

Um text amendment.

4:26

Okay, so our consent agenda will remain intact.

4:31

And then we will hear items three A and Five A.

4:36

So can I get a motion for our consent agenda, Commissioner Richter?

4:41

Motion to approve consent agenda three B, three C, four A, four B, four C, four D, and six A.

4:50

Okay, it's been moved by Commissioner Richter.

4:52

Is there a second?

4:54

Seconded by Commissioner Redmond.

4:55

All those in favor, please raise your hand.

4:58

All right, and that passes unanimously.

5:01

So the first item on our regular agenda is the LEO Tempe item 3A.

5:08

If the applicant would please approach, state your name and city of residence.

5:20

Mr.

5:20

Chairman, members of the commission, Nick Woods, Nell Wilmer 1, East Washington Street, and I represent up campus.

5:29

I was here before you in November of last year with a zoning case.

5:34

And you recommended approval.

5:37

We did not have a DPR for you to look at.

5:39

The reason that we were here for the zoning case was because we had a contractual agreement with the sellers, multiple sellers, that said we had to have the zoning in place by the end of last year, so the DPR was following.

5:53

And although you recommended approval, you cautioned me not to come back here with major changes to what I showed you.

6:01

And I promised you I don't practice law that way, and I certainly wouldn't do that to you.

6:05

So tonight, there are no major changes, but there are some changes that actually I think are an improvement to the site, and uh I'll walk you through those.

6:16

So again, it's a southeast corner of the intersection of university and rural.

6:20

Um the city approved uh mixed use development to the east of us at 18 stories, and then south of us, there's been uh approved mixed use development of 24 stories that was approved many, many years ago.

6:34

And of course, to the north of us, there's a major shopping uh center, uh strip center.

6:40

And one of the things we talked about was safety crossing from the south side of uh university to the north side.

6:47

Um that happens a lot today.

6:49

Um, and then of course, you know, we have ASU, NOVA's campus, Caddy Corner to us, and ASU to the west.

6:59

This is the site, you're all very familiar with it.

7:01

Again, we have a certain gas station on the corner, and then we have a series of three different property owners with this project.

7:09

And then to the south of us is the old railroad tracks.

7:12

And in fact, they found some to just to the east of us, they found some very interesting um artifacts, uh, which we've included some protections uh within our project as well.

7:25

Um the general plan obviously is mixed-use urban core, uh, 65 dwelling units or more.

7:32

Um the zoning again was approved by city council in December of last year, and it's currently MU-4.

7:40

Um, here is what we brought to you on the left side uh in November of last year, and here's what we have bring in to you on the east side tonight.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████28%
Transportation███████████████████████████27%
Affordable Housing████████████12%
Parking████████████12%
Procedural██████6%
Transportation Safety██████6%
Engineering And Infrastructure█████5%
Housing███3%
Parks and Recreation1%
Summary of Proceedings

Development Review Commission Meeting Summary - May 13, 2025

The Tempe Development Review Commission (DRC) met on Tuesday, May 13, 2025, at 2:00 PM UTC (evening session) to consider development applications, including two major projects: a 20-story mixed-use student housing tower at 835 S Rural Road (LEO TEMPE) and a seven-story mixed-use student housing project at 1026 E Spence Avenue (THE MARSHALL ON SPENCE). The commission also approved a consent agenda covering six routine items. The meeting was chaired by Andrew Johnson with Commissioners Stefan Richter, Charles Redman, Robert Miller, Linda Spears, and Rihanna Corbett present.

Consent Calendar

  • 3B: Chasse Siesta Office 2 – Development Plan Review for a 7,809 sq ft office building at 302 S Siesta Lane.
  • 3C: Tempe Collision Center – Development Plan Review for two industrial buildings totaling 9,200 sq ft at 301 S McClintock Drive.
  • 4A: Ulises Remodel – Use Permit for two required parking spaces within the front yard setback at 901 W 19th Street.
  • 4B: Radoslovescu Residence – Use Permit for two required parking spaces within the front yard setback at 5236 S College Avenue.
  • 4C: Pekas Residence – Use Permit for two required parking spaces within the front yard setback at 725 E Wesleyan Drive.
  • 4D: ADU Build - Harvey Residence – Use Permits for a new second-story accessory building and increased height from 15 to 18 feet at 36 E Cairo Drive.
  • 6A: Code Text Amendments – Amendments to the Zoning and Development Code regarding new land uses (agritainment, data centers, extreme water users), clarifications to smoking establishments and tobacco retail, and updates to applications, security plans, and definitions.

Public Comments & Testimony

  • Item 5A (The Marshall on Spence): Christian Curry, a resident of Tempe Micro Estates, spoke in opposition, expressing concerns about the proposed 0.31 parking ratio. He noted that Spence Avenue is a narrow street with existing traffic and limited on-street parking, and feared that residents would park on neighboring streets. He acknowledged support for allowing northbound vehicular access to Apache Boulevard through Phase 1.

Discussion Items

  • LEO TEMPE (Item 3A):

    • Applicant: Nick Woods of Snell & Wilmer LLP, representing Up Campus. The project is a 20-story mixed-use development on 3.69 acres at the southeast corner of University Drive and Rural Road, with 786 dwelling units (student housing) and approximately 14,000 sq ft of restaurant/commercial space. The development was previously rezoned to MU-4 PAD TOD in December 2024.
    • Changes since last DRC presentation (November 2024): Added rooftop solar panels covering 20% of the parking garage roof; enclosed a previously open area between the two towers for garbage pickup and deliveries; added street trees and reoriented some along University Drive; reduced bedroom count from 2,391 to 2,300; and will install a traffic signal at the east driveway on University Drive to improve safety (paid for by the applicant).
    • Design and materials: Architect Joshua Sachs (Well Design Studio) described materials: cast concrete podium, metal panels, wood-look ceiling panels, and an acrylic material (Sto, German manufacturer) for the tower facade. The 10-story parking garage will be screened with perforated metal panels.
    • Parking: The approved PAD reduced the required parking ratio from 0.75 spaces per bedroom (TOD standard) to 0.35 per bedroom, resulting in 979 required spaces. The applicant concurred with staff conditions. Commissioner Miller asked about potential future leasing of excess parking to neighboring projects; the applicant indicated that possibility.
    • Traffic: The project will have right-in/right-out access on Rural Road and a full-access driveway with a new traffic signal on University Drive. Commissioners expressed concern about the already congested intersection of University and Rural (called by one commissioner “the worst corner in Arizona”). The applicant noted that the existing gas station will be removed, and the signal will help regulate traffic. A traffic study was referenced but not detailed.
    • Community benefits: Free rooftop space for city communications equipment; 50 EV charging spaces (5% of total); car-sharing services; LED lighting; adoption of International Green Construction Code elements.
    • Staff recommendation: Approval with modified Condition 16 (discussed during study session). No public comments were submitted.
  • THE MARSHALL ON SPENCE (Item 5A):

    • Applicant: Nick Woods of Snell & Wilmer LLP, representing Aptitude. This is Phase 2 of a previously approved student housing project (Phase 1, The Marshall on Apache, currently under construction). The site at 1026 E Spence Avenue is 0.88 acres and currently occupied by the 1970s Tempe Palms apartment complex (38 units). The proposal includes a Zoning Map Amendment from CSS and R-4 to MU-4, a Planned Area Development (PAD) Overlay, and a Development Plan Review for a seven-story mixed-use building with 105 dwelling units (271 bedrooms) and 120 sq ft of commercial space.
    • Design: The building steps down from seven stories on the north to five and then four stories as it approaches Spence Avenue, matching the stepping pattern used in adjacent projects (The District on Spence and the Moxie Hotel site). The facade includes masonry, metal panels, and fin shades on south-facing windows to reduce solar gain. The project will share a cross-access and refuse agreement with Phase 1; trash collection will occur on the Phase 1 site, eliminating garbage truck traffic on Spence.
    • Parking: 89 off-street parking spaces (0.31 per bed), with EV spaces included. The parking ratio mirrors Phase 1. Staff imposed a condition requiring the applicant to collect and report parking data for four years. Commissioner Miller raised concerns about potential spillover parking on residential streets.
    • Traffic and access: The primary vehicular access is on Spence Avenue, but the applicant agreed to a condition (per a suggestion from Commissioner Miller during the meeting) requiring that the connection to Phase 1 be emergency-only for southbound traffic, meaning residents cannot drive south out of the garage onto Spence. Instead, residents can exit via a northbound route through Phase 1 to Apache Boulevard (right-in/right-out only due to streetcar). This was intended to reduce traffic on Spence. Public commenter Christian Curry supported the northbound restriction but worried about enforcement.
    • Neighborhood concerns: A neighborhood meeting on February 26, 2025, drew 10–12 residents; concerns included density (120 units per acre), building height relative to surrounding properties, and traffic on Spence. One letter of opposition was received. Some residents expressed support for new investment.
    • Staff recommendation: Approval subject to conditions, including archaeological monitoring, parking data collection, and the cross-refuse agreement. The applicant accepted all conditions.

Key Outcomes

  • Item 3A (LEO TEMPE): Motion by Commissioner Spears, seconded by Commissioner Richter, to approve Development Plan Review PL240345 with the modification to Condition 16. Approved unanimously (5-0).
  • Item 5A (THE MARSHALL ON SPENCE): Motion by Commissioner Richter, seconded by Commissioner Spears, to approve the Zoning Map Amendment, PAD Overlay, and Development Plan Review PL240473, with an added condition requiring emergency-only vehicular connection to Phase 1 (no southbound egress onto Spence; northbound access to Apache only). Approved unanimously (5-0).
  • Consent Calendar: Approved unanimously (5-0) as presented.
  • Next Meeting: The next DRC meeting is scheduled for June 10, 2025. A joint DRC-City Council meeting is set for Monday, June 9, 2025, at 4:00 PM at the Tempe History Museum.

Meeting Transcript

All right, we'll get this meeting going. Thank you all for being here this evening. Welcome to the May 13th, 2025 Development Review Commission. I'm Andrew 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 rendering 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. 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 promoting harmonious, safe, attractive, and compatible development that is therefore considered to be in the best interest of public health, safety, and general well and 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. Tonight on the commission, uh we have to my far right, Commissioner Stefan Richter. Next to me, Commissioner Charles Redman, and to my far left, Commissioner Robert Miller, Commissioner Linda Spears, Commissioner Rihanna Corbett. And tonight with us from staff, we have uh Ryan Levake, Michelle Dalkey, Diana Kamensky, uh Karen Stoval, Chris Jasper, Robert Manselillo, Lucas Jensen, Whitney Mayfield, Alexander Boxworth, Joanna Barry, and Jason Wolfe. Anyone wishing to speak tonight, please fill out one of these cards and bring it up to uh Miss Barry. And you'll be given up to three minutes to speak. And that time will be monitors monitored. Um also note that the WebEx chat box for those joining us online is not monitored or moderated. All right, tonight on our agenda, uh, we have we'll skip right to our consent agenda. Tonight we do not have any meeting minutes to consider. And so we met during our study session as a commission and decided on a consent agenda. I will read off the items on that consent agenda. If anyone here is here tonight to hear, wishes to hear one of those or wishes to speak, I should say, on one of those items. Um, please get my attention and we can pull that from the uh uh the consent agenda. So first on the consent agenda is item three B, which is the Chassis Siesta Office two. Item three C, which is collision tempy collision center. Item four A, Ulysses remodel. Item four B Radislavescu residents. Did my best on that one. Um item four Cecus residents and item oh item four D, ADU build, Harvey residents, and item six A, which is the zoning and development code. Um text amendment. Okay, so our consent agenda will remain intact. And then we will hear items three A and Five A. So can I get a motion for our consent agenda, Commissioner Richter? Motion to approve consent agenda three B, three C, four A, four B, four C, four D, and six A. Okay, it's been moved by Commissioner Richter. Is there a second? Seconded by Commissioner Redmond. All those in favor, please raise your hand. All right, and that passes unanimously. So the first item on our regular agenda is the LEO Tempe item 3A. If the applicant would please approach, state your name and city of residence. Mr. Chairman, members of the commission, Nick Woods, Nell Wilmer 1, East Washington Street, and I represent up campus. I was here before you in November of last year with a zoning case. And you recommended approval. We did not have a DPR for you to look at. The reason that we were here for the zoning case was because we had a contractual agreement with the sellers, multiple sellers, that said we had to have the zoning in place by the end of last year, so the DPR was following. And although you recommended approval, you cautioned me not to come back here with major changes to what I showed you. And I promised you I don't practice law that way, and I certainly wouldn't do that to you. So tonight, there are no major changes, but there are some changes that actually I think are an improvement to the site, and uh I'll walk you through those. So again, it's a southeast corner of the intersection of university and rural. Um the city approved uh mixed use development to the east of us at 18 stories, and then south of us, there's been uh approved mixed use development of 24 stories that was approved many, many years ago. And of course, to the north of us, there's a major shopping uh center, uh strip center.

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