All right, good evening, everyone.

Welcome to the Development Review Commission regular meeting.

Today is August 26th, 2025.

I am Andrew Johnson.

The Development Review Commission is created to hold public meetings and hearings to provide an 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 a proposed and future development.

The development review commission recognizes that the creation of a desirable environment throughout the city for throughout the city for residents, business, 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 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, to my right, Commissioner uh Stefan Richter, Commissioner Larry Tom, and Commissioner Rihanna Corbett, and to my left, Commissioner Joe Forte, Commissioner Linda Spears, and Commissioner Barbara Lloyd.

Tonight with us from staff, we have Jeff Tamolevich, Ryan Levake, Michelle Dalke, Jacob Payne, Lucas Jensen, Whitney Mayfield, Joanna Barry, and Eddie Garcia.

Anyone here tonight wishing to speak on one of the items?

If you could come, please uh there's some forms you need to fill out, a form uh either in the back or in the front here, and bring them up to Miss Barry, and we will give you um up to three minutes to speak.

And staff will be monitoring that time.

Um also note for those that are joining us via um the internet, the web chat box is not monitored or moderated.

So tonight we I will be going through the agenda items which we plan to have on our consent agenda.

Our consent agenda is intended to be voted on without hearing the case, and that that item would be passed um in a approval motion, an affirmative motion.

Um if after I read the consent agenda, um someone is wishing to from the public is wishing to speak about one of those items, you can get my attention and we can pull that from the consent agenda and hear that item.

Um first, before I read the consent agenda though, we will uh get a consideration of our meeting minutes from the development review commission study session and regular meeting of August twelfth, twenty twenty-five.

Could I get a motion, please?

Commissioner Spears.

Um I move for the approval of the uh meeting minutes for study session, regular meeting on August 12th.

Thank you.

So that has been moved by Commissioner Spears.

Is there a second?

Second, seconded by Commissioner Lloyd.

All those in favor, please raise your hand.

And that passes unanimously.

Tonight uh we spoke in our study session and reviewed all of the items for this evening and decided on a consent agenda.

If anyone from the audience is here to speak on one of these items, please get my attention after I read it.

The first item is item four A, which is request a use permit standard to reduce the street side yard setback from 20 to 16 feet and a use permit standard to reduce the rear setback from 30 to 24 feet for the tinker garage edition.

Was anyone wishing to speak on that item?

Okay, that one will remain on our consent agenda.

The next item on our consent agenda is a request a use permit standard to reduce the required front yard open structure setback from 15 feet to 12 feet for the brand residents.

Was anyone here tonight wishing to speak on that item?

Okay, so we will keep that one on our consent agenda.

And the last item was the request a use permit to allow outdoor cooking, smoker in the CSS zoning district for wild barbecue.

I see uh someone wishing to speak on that tonight.

So we will pull that one from our consent agenda.

And that rounds out our consent agenda.

So we will now like to entertain a motion for the consent agenda.

Motion to approve uh consent agenda in its entirety for A for C.

Correct.

Okay, so uh that has been moved by Commissioner Richter.

Is there a second?

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

Okay, and that passes unanimously.

Uh just a note item 4B was withdrawn by the applicant, so we will not be hearing that item tonight.

All right, so our next item that we will be hearing is um wild barbecue item 4D.

Um, Miss Mayfield.

Oh, I'm sorry, the applicant is first.

Sorry.

With the applicant, please um uh approach Dice and present your case tonight.

Yeah, good evening.

Please state your name and city residence.

Hey, good evening.

My name is Ahmad Abu Ghazal, and uh I'm at the team at Wild Barbecue, and I have with me Mo and David.

So uh just one like we have an introduction, just want to read it for you.

So we are asking like respectfully uh to uh uh an approval for our use permit for the outdoor smoker.

Uh so wild barbecue uh for us, like we started in May 2025.

And our mission is to bring authentic and this low smoked barbecue to our community uh using the traditional techniques that have been uh perfected over generation.

So uh our goal is like uh to provide like smoking uh smoking with high quality and uh flavor our customers expect and uh also it reflects the true spirit of barbecue culture.

So we understand the importance of maintaining a clean, safe and welcoming environment for our neighbors.

To that end, uh we are using a commercial smoker of city smoker designed for efficient uh combustion with minimal viable emission.

Uh the second thing we conducted like uh test runs, confirming the smoke output is low and uh it's a bit quickly.

And uh we implemented operational practice and uh smoke mitigation practice as well.

Uh and uh we have uh a plans uh to reduce the impact on surrounding ruralities.

Uh we are uh committed to ongoing communication with the city and neighbors to address any concern.

Uh wild barbecue is about to be a part of Tim B, Divers and the growing food scene, and uh this bear mate will allow us to serve uh um our customer with fully complying with the city requirement.

Uh we are committed to being a good neighbors and to ensuring that our uh outdoor smoking operation meet the highest standard of responsibility.

Uh, we respectfully uh ask for uh your approval for the use permit uh and uh while we support the local community and uh uh the local economy and community.

Thank you for your consideration.

And if you want me to show uh the slides for wild barbecue, we'll take you uh on a journey, like you know, for the like uh quicker right there on the is it this one.

Okay, we'll take you on the journey like on how the offset smoker works and the mitigation that we we are gonna take.

So uh so our purpose is like to smoke a brisket and beef ribs and turkey, and uh previously we had a food truck, and uh uh we are committed to like you know, we have got uh from the uh health uh department, the Mercoba community, and uh we have like some operational procedures.

Uh so first thing is like for the the smoking, like we use a dry wood, and uh the wood that we use is like is not a green wood and it's seasoned for more one one year, and uh it's a clean, and also like um we have like some procedure when we fire the smoker, so we start with this small charcoal, and then what's got hot, then we add like one or small logs.

Uh so first thing is like for the the smoking, like we use a dry wood, and uh the wood that we use is like it's not a green wood, and it's seasoned for more one one year, and uh it's a clean, and also like um we have like some procedure when we fire the smoker, so we start with this small charcoal, and then what's got hot, then we add like one or small logs, uh so we build the heat, and then we smoke at low temperature, which is 200 to 250, and then every 75 to 90 minutes we add another two logs.

Uh and also while the operation we we adjust like you know the vent and uh the airflow inside the smoker.

Uh we like we have also like those are some the procedures that we have.

We never leave like the fire like unattended, and uh we like other stuff as well.

On the shutdown, we have like some procedure for the for the employees, like you know, to follow.

So here's the offset smoker.

It's uh it has been like since 1960, and barely like you can see in each city there is like uh like maybe five or six people doing like you know, uh they have also the smoker.

So it has a three parts.

Uh the first part is like double installed firebox, uh, and the firebox is like uh so double install, and then like where we smoke the meat, and then we have the the chimney.

So the double install firebox, it's uh has the benefit of uh maintaining the heat, and also like the the wood consumption is like low, uh like one or two every like you know two hours.

So uh here's like more items on the benefit of the double installed firebox, and here we have like the the chimney, which is like 14 feet from the ground, and uh there's like some item on the heat reduction, like heat retentions, and uh like uh so this door is like really heavy, like you need like somebody like really strong to pull it out, but it the purpose of demonstrating that is like it can keep the heat inside the the smoke the smoke, and uh the result of that is like using this wood, which is like you know, this is smoke as as a conclusion.

I mean, so if you uh so here's the we have this installed like on each side of the smoker, and if you see we smoke at 200 to 250, which is like the lowest, and uh this demonstration, like you know, uh it's just like comparison for the the season wood, the the dry wood like you know the green wood.

So those are like 14 inch pieces with six inch wide, and uh as I mentioned, the fireworks take like two uh for each like one hour and a half.

So why we are using dry wood because the moisture level, which is like 10 to 15 percent, is like different from the green wood, which which has like 50 to 70 percent, and then as a result of that, like the smoke will be like you know, minimal.

So and also it will ensure that you know clean burn and with this amount of smoke.

So this is just like a comparison between the green wood and the season wood, and uh it shows that you know it's like uh it's reduced the smoke by 60 percent, and this is what we are using.

So here's uh another study uh about like clean burning and using the oak uh uh wood.

Uh so the studies like mentioned that you know there is what they call them like BM 2.5, and it still shows like you know, we try to compare between the wild barbecue and other like you know, uh restaurant chain, and it shows that you know the I mean the BM2 level is like is the lower uh the one that's coming from controlled uh smoke environment.

So here just like uh mentioned like the our setup.

So the the stack that we have is like 14 feet, and uh the the firebox will give us like you know clean uh burn, and also there's uh uh it's above the briefing, the breathing zone, which is about six to eight feet.

Uh there's like some information about like just drawing the conclusion that you know the the smoke will be like minimal, and uh we have like a smoke demo and shows like uh between four and five and Whitney and other like staff.

Member they came as well, like you know, they see the when we operate.

So we brought like in the first 10, they they were there like for the first 30 minutes, but uh uh we took like some pictures, some video showing that you know the smoke that's coming out is like uh is minimal.

And uh I want also to add like you know, you see there's like a vent on top of the stack.

So this vent you can control the air flow, how much air you how how much smoke will go out, how and then you can control it based on the based on the smoking smoking operation here.

And those are another pictures.

Uh it shows like on the on the left picture that there is no smoke, and I think this is a video, not sure.

So there's uh is it can we?

Yeah, so this is like we took a 45 minutes after we operate the smoker, and we took uh the picture for the chimney and the surrounding uh place.

And here he'll show you like it's like 200.

This is how we smoke the meat, and you barely can see like any smoke.

Okay, and uh I think for the uh the same time, like when we operate, we we turn like around the building, we try to see if there is a smoke, like you know, you can see smoke from the nearby properties, and there is another video here as well, like it shows that you can't see like any smoke, and okay.

So the the first plan that we are asking today is like you know, to operate as it is now, which is like you know, with the current setup, uh with having the stack is like 14 feet, like 14 feet from the ground, and you know, the firebox and uh using the season wood and all the elements that we are currently use, and uh those elements also are used by like the more the barbecue like restaurants like all over the valley, the valley, like little miss barbecue, there's like water mouth barbecue, there is uh Mixi Q.

So you go there, they have offset smoker, people like to sit beside it.

It's like it's uh and this is what we are you know planning to do first.

Uh like uh do it with the current setup.

So the next setup is like uh so it just like it shows that you know, uh also in the video, like when there was a smoke, like it rises like because the weight of the smoke is like uh what they call it, like it goes over the the regular air.

So once uh like it moves from h to cold.

So once the smoke gets out, it's directly like goes up because uh its temperature is higher than the surrounding air, and it it disappeared like really fast.

You can see the smoke.

So the the bland B is like uh so if there is something happen as a plan, like uh the option is like you know, we can extend the the chimney, like maybe another four feet or six feet, and then this one we can install now, but this is just a solution as well, like you know, uh we can install it uh on top of the chimney.

This is uh it will help just on the airflow.

Once it turns, like around just like more airflow and the smoke will will go up, like but uh it's a solution, like you know, uh for that.

And there's like more measures here, and uh the last solution will be the water-based system.

So we try to find it here in US is like barely you can find a company that uh uh design this system, and uh we check like with all the barbecue people, like you know, with the MMM barbecue with the manufacturing.

So nobody like knows there is a system like this here, like and uh generally like if somebody wants to install it here, we try to check with one company, they work with Italy.

The cost is like 45,000, but we try to to check like with other partners, like from Italy and then from Turkey to get like you know, to see if we can get a system like that.

Uh so this system is like proven to be like reduce any so if there's any visible smoke, it will also reduce the visible smoke from 80 to 90 percent.

Also, if there's any odor or something, it will uh it will take because it will take care of that because uh how it works, it will clean the smoke coming out.

So you you put like a uh a flexible pipe from the chimney to that device, and once the smoke goes through, it will wash all the smoke.

And also it has like oil filter, it has multiple filter, and then you will get just like you know, steam coming out of the the other side.

So this is uh if it's the there's like complain we're raising, like uh we can implement this one, but we need the time to do it because uh the production for this one takes like two and a half to three months, and you know, to ship it to us and install it, we just need like at least six months so we can install it and uh you know, but we will will we are like you know, we are committed to do whatever takes, like you know, to make sure that the business is working also and the community is safe as well.

like complain we're raising like uh we can implement this one but we need the time to do it because uh the production for this one takes like two and a half to three months and you know to ship it to us and install it we just need like at least six months so we can install it and uh you know but we will will we are like you know we are committed to do whatever takes like you know to make sure that the business is working also and the community is safe as well so this is another system like you know this is uh like just as a reference of the people that we contacted so this is like a system with Turkey and uh there's like a video if you want to what is it uh it's not coming so mail is like it just have multiple filters where the smoke go in from one side and goes out from the other side and it will filter out the smoke and there's another company from Italy those are well known as well like you know uh this is another system you put the the smoke from one side and it comes like as a steam from the other side and uh they have like a motor they they just like uh they put a pressure on the water and uh to push the the water to the smoke and then it everything will drop from the smoke so this is also like another system they already like compliant with the US and they the capacity of the smoke from 3000 to 1000 meter cubic per hour so it's like way above than what we need so the future plan for us like uh so uh operating outdoors like is little like you know we want to uh do like indoor solution like you know we want to do like this the the smoke the meat I want the restaurant to be uh operatable but uh currently like we don't have like you know the like the ability to buy like a device like this to smoke the meat so this is like cost about 50 000 to get it in but uh our future plan is to get one like in the future so we get one like which is smoke the meat that we need but it will be like inside inside the build uh there's like some health concerns like you know uh raised from neighbors about uh uh using the offset smoker there's like one neighbor he was 350 feet away I think 400 feet and uh this picture shows like where we are uh the setup for us and where's the the neighbor is so uh based on the study we try to review actually the actual study the study was done on the he was concerned about some like the smoke I tried to refer to the study and the study shows that it was done like at Stanford and it was done on uh a charcoal grill like the grill that you use in the back of your home and for somebody he's constantly like you know doing the the charcoal grilling and they were measuring like some items it's uh and it shows like in the same study there is no impact if you are away two meter to ten meters the same study that uh we got the comments from and uh it's clearly like not applicable to wild barbecue we are using like you know on commercial smoker the smoke is already above the breathing zone and uh this is like is done on charcoal but we are using like you know uh oak which is like uh a clean wood is not like chemical or something uh yeah so this is just like as a summary like you know of what we are using as I mentioned like the first brand is like to to to run as it is and if there is any concern we can raise the chimney and install the the chimney cap and then at the same time you just need like need like some time to buy the the device from Turkey and you know so they can produce it or from Italy and then we'll bring and install it within six months there's like some barking concerns about wild barbecue uh so the there's like one thing we don't serve alcohol there's like a so beeple and the food for us is like already ready we don't cook and people wait for 30 minutes or for a minute to eat the food it's like you go there and you say like I want one bound of a brisket and he cut it to you and then you take it so we expect like people will sit like 15 minutes maybe 20 minutes like you know just like because the food is already ready and once they come in they take the food directly and it's like just meat so but uh the concern is like you know uh the the barking that we have we have about two barking is is enough for our you know is enough for our need and uh but uh for perfectly like if you serve alcohol some people like people will will would like to sit maybe they will sit one hour or so but for us it's like people will will eat and this is what we want actually like people will eat and so we can serve more like you know people and thank you for having us today and uh looking for our uh you know submitter thank you thank you hold on one second um any questions for the applicant okay um a quick question so it's called a smoker but there's not much smoke there I saw coming out of the the top of it so um does that smoke you smoke the meat inside the right so that it's kind of contained within that apparatus and is absorbed by the meat mostly okay and we smoke for the flavor not for the cooking like you know just because when you smoke it the flavor will be like you know it's it's like really good to have and then um and I don't know

Um a quick question.

So it's called a smoker, but there's not much smoke that I saw coming out of the the top of it.

So does that smoke you smoke the meat inside?

Right, so that it's kind of contained within that apparatus and is absorbed by the meat mostly.

Oh we smoke for the flavor, not for the cooking.

Like, you know, just because when you smoke it, the flavor will be like, you know, it's like really good to have.

And then um, and I don't know if you know the answer to this, and I didn't it didn't actually come to me until I saw your presentation, but previously there was a Arizona distilling company was there and distilling operations require boiling and cooking.

Um, so there has been something, some kind of operation there previously that um burned some kind of fuel.

Do you know what they used and um how how often they actually distilled or how their operations worked at all?

I have not contacted them, but there is like something they use, like you know, or we can use it's like we are looking for a system, but as I mentioned, like you know, the most of the it's like harmful thing is like most of the people they do this, but if there is like something we can install and easy to bring, we will be looking into that.

Okay.

All right, thank you.

Thank you.

All right, Miss Smithfield.

Good evening.

Hello.

Mr.

Chair and Commissioners, Whitney Mayfield, City of Tempe Community Development Uh Planner, and I'll be discussing the use permit to uh the use permit request to allow an outdoor uh cooking.

In this case, it would be a smoker on the site that is zoned CSS, which is commercial um shopping and services.

It's located at 601 West University Drive.

The clicker would catch up.

All right, thank you.

Um, and as you see on the aerial and the zoning map that we have here is located at the southwest corner of University Drive and Roosevelt, with uh residential uses to the south and then commercial uses um adjacent to the west, north, and east.

No, it's not thank you.

And with the context photos, um, they have two of these 750 gallon uh fat stack smokers with over to the left, you'll see the double insulated firebox and then the wood that they'll use.

And these are just close-up photos.

Again, that's the double insulated fire firebox where they're putting the wood.

Um, they're also storing the wood in the corner, but they have some in this photo.

And with the photo, you'll see that it's screened by gates that were existing.

Um, these gates were there when Arizona Distillery Company was there, but you also see the 14 foot exhaust pipes along with the um 11 foot shade canopy that goes over.

All right.

But the site plan, so where the the smoking will take place essentially right where this right where the uh distilling operations took place, which is at the south of the site, on the site plan, um you'll see a rectangle that represents that smoker with the square that represents the shade canopy.

Um, and then on the picture on the left, um, I just wanted to illustrate again that it's uh adjacent to residential, but just to give more context of that site.

And um in the front, they'll be remaining they'll be maintaining the patio along with the parking that's right along Roosevelt Street.

And with the floor plan, there will be some minor changes as they are they have submitted um for building permits for tenant improvements, but again, they are maintaining the patio, and then they are reducing some of the um dining area with the elevations, it just shows that 11-foot uh shade canopy that'll go right over that smoker.

But there won't be any other changes to the elevations as proposed uh currently.

Thank you.

And with the yeast permits, neighborhood meetings are not required.

However, um a mailer does go out, and there are sites.

I'm sorry, there are signs posted at the site.

Um to date, I have received three public comments in opposition.

Um citing concerns of parking.

The concerns regarding parking mentioned that Perfect Pair Bistro already has some parking issues where it's overflowing on to Mitchell.

And after looking into that, I did notice I did some research that there is resident permitted parking down Roosevelt.

And with this, the use just with the description, they mentioned that there was going to that they're not going to be selling alcohol.

There's also reduction in seating there.

And with their operations, it appears that their use will be a little bit less, maybe a little bit less intensive than Arizona distillery company.

So we do find that they meet those parking requirements.

However, as you can see in the aerial, there are cars that are parked down Mitchell where there isn't residential, there isn't a requirement for residential parking, parking down that street.

So with the concern of parking, there was a mention, or I'm sorry, there was a question about whether there was a requirement for permits for parking.

And again, as I stated, there is a requirement for parking down Roosevelt, but not down Mitchell.

So should this become an issue or should there be some concern with the overflow parking?

Uh residents do have the option to request residential parking down midchill.

Otherwise, um the parking concerns can be addressed with uh a formal agreement with the neighboring business.

I believe it's BRICS Plus there, um, should that become an issue.

And then regarding the odor and smoke emissions, um, the applicant has provided some options to mitigate some of those concerns as they stated, um, and I'll be sharing some more of that information in the next slides.

All right, with the approval criteria, we found that they meet uh most of the approval criteria with number one.

Um again, the distillery had 42 seats, and so with this, they are retaining the patio.

They will have a reduction down to 28 seats.

Um, and so we with the with the new business coming in, there may be some minor um increases in traffic as expected, but again, it utilizes the same parking ratio as the um adaptive reuse with the prior business that was there.

Now, with uh criteria number two, we did find that it did not quite meet it just by operations of the smoker because it does emit odor smoke and heat.

The applicant has attempted to mitigate the potential smoke smoking.

I'm sorry, smoke nuisance.

Um, as the commercial smoker does have a built-in ventilation system with 14 feet exhaust pipes, and um they also have added the shade canopy to the site to help with some of that heat gain.

Um additionally, they did allow for us to come on site for a live demonstration where we um we witnessed that they had dampers that are right on top of the exhaust pipes.

You go to the next slide, um, you'll see that right at the top of those exhaust pipes are the dampers which control the smoke that goes in and out of there.

So the applicant has taken some measures to try to mitigate some of the concerns and meet that approval criteria.

And with the remaining approval criteria, we see that with the redevelopment of this vacant commercial site, it does support some of the policy of the general plan use element.

We also found that it met number four, and in regards to number five, um, this establishment is a new business, so we don't have any history of business operations in other locations and don't anticipate that there should be any disruptive behavior.

And with that, staff is going to be recommending approval for this uh use permit, subject to the three standard non-standard conditions of approval.

Um first being that if there are any complaints that are verified with our city's attorney's office that it will be brought back to reevaluate for appropriateness, um, and the applicant is understands that that could result in revocation of the use permit.

Umber six is that all of the dead and missing landscape along the street frontage um be replaced.

And then there's number seven with the limit on the hours of operation uh with the 10-hour time frame.

That is also the one that the applicant is requesting a modification to.

And with that, I will allow for questions.

Any questions for staff?

Commissioner Richter?

The hours of operation specifically listed as item sevens for the smoker, but not the facility.

Is that correct?

Sorry.

Uh the hours of operation, they're going to be different than that.

I don't have them uh top of mind, but they're going to be different from the hours that we're limiting and the conditions of approval.

Okay.

The hours of operation would be from um 10.

Hold on just a moment.

Hours of operation to end no later than 10 p.m.

Wednesday through Sunday.

And then yes, the separate condition is regarding the smoking.

And I'm sorry, um, Whitney, when I was just looking at that, did you confirm that the applicant wanted to change the hours from 6 a.m.

to 600?

Correct.

So the applicant is requesting a modification of the um operation of the smoker, which is for condition seven from 6 a.m.

until 7 p.m.

Other questions.

Okay.

Thank you.

Thank you.

All right, now we will enter our public phase of the uh hearing this case.

And so um if you are here tonight and wish to speak on this item, please fill out one of these forms and you can bring it up to Miss Barry, and you will be given um three minutes to speak, up to three minutes to speak.

Um the first person I have on here is Connie Farrell.

If you could approach and state your name and city of residence.

Hi, I'm Connie Farrell, and I live 904 South Roosevelt, right there by the barbecue place.

I'm fine with a barbecue place going in there, not an outdoor smoker.

Um, if you see in those pictures, literally right beyond that fence, there's a house, and then two more houses.

I that's where I live.

I hang out outside all day long, and you look up I don't care how much filtration they're doing.

Look up the harmful side effects of industrial barbecue smoke.

It causes significant lung damage, colorectal cancer, it's linked to a lot of horrible diseases, and that's gonna be running that many hours during the day.

Little Miss Barbecue, those places are industrial areas.

This is in a neighborhood, all our neighbors.

So my concern is, and great, they're gonna put some filtration systems.

That's awesome.

Who's gonna be in charge that they're changing those filters?

That checking the air quality, um, and doing all that.

That's what my concern is.

I know how businesses they can run and they're like, oh yeah, we're gonna do all this great stuff.

Because you can't see the smoke does not mean that those toxic part particles are coming out of that chimney.

Just because you can't see the smoke, there's still toxic chemicals coming out.

Um we hang out our laundry out back.

That you know, can't do that anymore because it's it's gonna be barbecue smoke.

And um, so I'm very concerned about that.

And then in lieu of the parking, I have to say I lived there 30 years.

Distillery was there, it was never an issue because they only operated later in the evening, and people would go in there for one or two cocktails and be out of there.

Um, the back of my house is Mitchell, and that is constantly flooded with cars because of perfect pair.

So now we're gonna have that in the same as in the front of our house.

So, yes, I'm glad that we're able to ask for residential parking, which I you know, permit parking, which I will be definitely doing, because that permit parking is only for like literally a half a block.

The rest of the neighborhood is already.

So I'm just really concerned about this, and I want to know who would be in charge of making sure that it is a top-notch filter system, that these toxic chemicals are not leaking into our neighborhood, that I am breathing 24-7.

I already have issues as it is.

So I hope you take that in consideration and everyone really look up what those toxic chemicals do.

So, and thank you for your time.

Thank you.

All right, next up, and the last card that I have is Christopher Hove.

Um, if you could approach and state your name and city restate your name and city of residence, please.

That's fine with me.

Um I guess what what is our recourse?

Can I ask questions or we just go with the we can try and answer?

Um, but you still have the three three minute.

What is our recourse if with parking and smoke and all of those things?

If like what how do we hold him accountable if he's not gonna uh maintain all the things he said?

Please state your name in city of residence.

Oh, it's Chris Hove.

Um City of Residence is Phoenix.

I'm business owner, Tempe.

Okay.

Perfect pair.

Okay.

Fair enough.

Thank you.

Sorry about that.

So what uh what is our recourse if if all the said things aren't true with with respect to the low VO VOCs, low smoke, uh not disrupting neighbors, etc.

Well, I can mention what was mentioned in the staff report, which was um uh complaints would be verified by the uh city attorney's office.

Um parking in the permitted areas is typically um anybody who calls the non-emergency line, um, can get somebody from parking enforcement out there.

I live on Roosevelt, and um I call non non-emergency line and and get parking enforcement out there when there are cars parked that don't have permits.

Okay.

Um I guess I I I would support any business in Tempe.

I have two businesses in Tempe, so I do support them.

Hopefully, uh, you know, I with that being said, I hope that all of the things are say, you know, they there's a lot of things that were in his description of low, clean, less resin, low VOC.

Those are really kind of generic words because you can't specify what is low, what is low considering what are we re what are we referencing to?

Um and I know her complaint was about cancer and other things, which could be true.

I look at my business, I'm a neighboring business.

He saw how close it was on the maps.

Some of you guys have probably eaten there.

I just I don't want my business to be inundated with smoke and have our guests sitting in like what would be considered a campfire.

Um that's my concern because they would make my business less valuable, or it may even be detrimental.

Um what else the uh the chimney, some of that stuff.

You were asking about AZ to still, they did have a pizza oven, it was wood fired, so it could be exactly the same amount of smoke.

And I've been in restaurant business my entire life, and there is I'm sure we potentially cause just as much pollution, but that could be any restaurant.

Um, you know, drive past a Burger King at any given hour and there's tons of smoke coming out.

So that's why I would say I do support them, but I just want to have my voice heard so that if we do run into a problem in the future, that we have recourse and we have methods to uh combat those said things.

But I think that's I mean, more or less that that's all um I did also going back to this because I did uh poke in my head the other day.

It does look like there's more than 28 seats in their dining room.

So if you're gonna say we're only gonna supply 28 seats, then you probably can't have 37 in your in your dining room.

You know, that would be a lie, I guess.

Um but my time is up, I suppose.

Yeah.

Um if you're uh willing to entertain questions, I have a question for you.

Yeah, I'll take them.

Okay.

Um, what type of fuel source do you use for cooking?

We uh we use natural gas.

Okay, thank you.

And um, natural gas has its own health ramifications.

I assume in every restaurant does.

I mean, I've managed some that that work with propane, but then smoke-fired pizza ovens, they're I'm sure you have them all throughout Tempe.

Um, if we're I mean, specifically Tempe, but all over the country, and some of them could be in residential neighborhoods.

I do support the business.

I support the fact that they should be have the right to attempt and hopefully be successful.

Okay.

So that's the only question.

Uh any other questions?

Okay.

Thank you so much.

Yeah.

Yeah.

You're probably active then.

I'll be only and can't we respond after that.

Yeah, so um, if you're part of the application team, I'll invite you back up after we're done with um I'm just make sure it's right.

Okay.

Sorry.

Yeah, because I'm not sure.

And with that, I invite you to come back up, applicant, and um respond to anything that you've heard.

Sir, if you could respond to us, we we're happy to hear you.

Sir, you're welcome to come up and uh respond to what you've heard.

Yeah, just uh here.

And if you can again state your name and city of residence.

So you don't have no smoke back there.

Again, this gentleman here, he's a good guy.

His car's been six months empty.

I'm not financial prepared, you know.

These guys, I could have put them in major, they want to be in Tempe.

I don't know, I try and price you.

His car is parked in my parking lot for all that time.

I had to change the signs, my lords maybe.

A drunk dranker got drunk.

Fell in my parking lot, one you sue me 22,000 dollars.

It was him.

These gentlemen have no alcohol.

And I'm again they're trying to do the right thing.

His vent, you can take your man, I'll pay for it, whatever.

His vent discharges on my building, it's all grease for his van.

He never looks.

I'm you know, so I'm just saying I'm not trying to uh call anybody.

I'm not a dictator, I'm a negotiator.

That guy, I don't I can't believe he did that.

That's all it upset me.

And these gentlemen are good, they're both engineers, they work hard, they're from roll country.

So no, I have my I could put him in another building.

But they want that building.

And I'm not in the financial crunch.

I have more stock in this city too.

Is this gentleman?

He does too.

He's a businessman.

I can't believe he even did that.

Well, sir, if you can pardon if you could, yeah, uh address the mission and not members of the audience.

I do business, that's what I do.

I just can't his vent, I'll pay for it.

It's just charging on my building.

I just had a roof check, two more years' warranty is blown on my building.

I never say nothing.

We're all trying to make it on the same play here, the city, everybody.

You know, and I don't want no favors, and these guys don't want no favors.

Okay, they're not destitute, they're financially stable, they're from a good family, you know, and he run more things than people realize and they got so anyways with him, yeah.

And I won't never bother the guy again.

He did it.

He couldn't come, I died at me, but his car's been parking.

I own a property behind all the way around the block.

So that nobody's gonna you know, and I rent a school teacher's and I'm not a good person.

So you're saying you own the residences that are directly behind your your business.

His car is parking here all the time.

I never said nothing, but I did address him once on it because I had to unload stuff, and I left the building set empty.

Not because I I wanted to find something that's good for the community.

I don't and you and uh don't categorize them guys with that beer company or that liquor company.

That was my bad choice for leasing them the building.

So that's not their fault, it's my fault.

My family's fault.

So no, I uh I don't and if they don't get it, that's fine.

But I'm just sharing with this guy.

I wouldn't uh come back at this gentleman here who I thought was a gentleman, and I'm out of line.

You can continue talking to us.

Yeah, I know I can have a bad but I'm straight up.

No, I'm you know, and we appreciate your good guy, he's a good guy.

He's well, but I just can't believe he did it.

His car's been parking for I think my building's been empty ten months.

I had to litigate, get the people out, you got it, you go through all the stuff that you do.

That's where I'm in this business.

So yeah, that's all I gotta say.

And again, I don't want him to do anything, but if he's gone, I'm gonna have to have him change the I'll have to get up, lure whatever it takes and have him change his vent from discharging.

I never said nothing.

You're welcome, anybody.

I'll have cameras, pictures, lower whatever, to show what he's doing.

But I didn't bother the guy, he's got a family, he's running business, he got one in channel.

Yeah, he's a hard working guy.

He's always a nut banned nails, and I work.

I'm dressed up this so I had to come here today.

No, I did a lot, I do a few things around here.

Hey, I show them all my kids went there.

I and again, that's who I am.

So that is your contributions and I have to guys.

I have to say that I I enjoyed Arizona Distilling and I think they had really great pizza when they did have pizza.

No, they didn't have piece.

Well, I'm glad you did.

But they did, but they don't categorize them because they had issues, and uh that would yeah, I appreciate you let me speak.

And uh were there any other comments from the other applicant that was and what I owe you for the psychiatry.

Any other comments you wanted to address?

You from the from that applicant team?

Yeah, yeah.

So I just want to you don't have to, but if you if there's anything else you wanted to address.

No, I said it's like you know, he wasn't like saying like who would take the responsibility.

So this is what where we came today because we want to say that we are working with the city and we are working with uh you know, with the with uh like you know, we are trying to work with the people that do the manufacturing for those like you know, me because we went there like you know, a long-term solution.

We don't want to open like a few months on somebody like close our business.

So we want to serve the community and uh uh like uh as uh David like mentioned, he's like you know, our brother in business, like you know, he's his business is beside us, so whatever comes out of his business, uh we will not complain about him.

Whatever comes from us, we will take care of it.

If there is any smoke or mitigation, we don't want to harm the neighbors, or we want everyone to be heavy.

Thank you.

So thank you.

Any questions for the applicant?

And uh one uh sorry, one more question about the timing, as uh she mentioned, so we requested that because it it's based on the schedule, so we can finish at seven, so but we can start maybe at six or maybe at seven in the morning or at eight.

So that's because we kinda uh like accumulate like you know, uh all the the working schedule for our employees.

So that was one thing that I was gonna ask you about.

Um limiting the hours of the smoker operation.

Um, how necessary is that to expand those hours of operation?

It's like is it it's it's required because if we start if we say like we're gonna start every day, like let's say at five and we finish at six, and some employee like he came late.

So this is providing you a wider window, not just like necessarily that you will be operating the smoker that entire time.

So the smoke is like about less or more, but okay.

That's just like a gab when some employees came in and and we are committed to to close at seven.

Like if you came, you will find everything you can.

Thank you.

Thank you.

Ms.

Mayfield, was there anything else you wanted to address?

I have nothing.

Okay.

Okay, we do have a question for you.

Commissioner Song.

Uh condition number five.

Could you explain to me how um if someone were to make a complaint?

What's the process for condition five?

Commissioner Tom, um, we would need to verify that information with the city attorney's office.

So verifying who it is that is making the complaint, and then we would be working with the city's attorney's office to verify that it is uh a legitimate concern or a legitimate complaint that came in.

So if I were within a mile of it within 10 feet of it, I'm not sure.

Like what is a legitimate complaint?

Will you go over to the slide?

No.

With the verification process, it's just verifying um the party that has made the complaint and that it is an actual party, and that I'll I'll let um Mr.

Tamolevich expand on that.

Sorry, sorry, Woody.

That's okay.

Mr.

Tim.

Yes, uh Mr.

Chairman, uh Commissioner Member uh Tom.

So condition number five, if a complaint were received by the city, uh that complaint would go to the code compliance division, uh, at which time they would go out, investigate, uh, see it for themselves, typically from the actual property who's complaining, uh, to sort of assess if that you know smoke is is excessive or if it's not excessive.

And uh they would make that determination if they did determine that it was excessive, and uh they would typically go to the business first, right?

The violation would be issued, letting them know that they're not complying with that condition of approval.

Uh, they would give them time to bring it into compliance.

Uh, if they can't bring it into compliance, then that's when we would take it to the city attorney's office uh to basically uh assess the uh conditions and the and the complaint um and make a determination if we're gonna bring it back to the board for review, if that makes sense that makes sense to me, but I guess the argument can be be made what is excess smoke, what's excessive, right?

We we're not giving them a measurement in any of our conditions.

Yeah, it's it's it's very difficult to measure smoke, it's very difficult to smash to measure uh odor, right?

So you you're absolutely correct.

Uh it's the same situation that we deal with with noise.

Uh, you know, uh, but excessive uh seems to be something that is almost obvious when the inspectors are going out and and making an assessment for this.

Uh this isn't the first time that we've dealt with uh this type of business in the city of Tempe.

Um so inspectors have gone out in prior occasions uh for other businesses that have smokers and uh you know had to deal with the exact same situation.

I can't give you an exact answer though, how we you know what we but it's been typically been resolved.

The owners of the business have been come hopefully compliant.

That's correct.

It's correct.

We're we're taking their word for it.

In this case, we're kind of taking their word for it.

Right.

If something happens, we have these other options that we we can do.

Exactly.

Okay.

Thank you.

Absolutely.

Commissioner Richter.

Probably a rhetorical question, but this is an allowed fuel source with a cooking vessel under effectively building code and city ordinance, correct?

Yes.

Um, so you could use other facilities as a measuring stick to compare that to if it was excessive smoke or working within the realm of what's allowed by code.

True.

Okay, thank you.

And I would guess also you would consider the volume of complaints if it was just one versus a hundred complaints coming out of the neighborhood.

Yeah.

And and again, we would we would you know inspect the property, uh inspect also from the area that is being complained from.

So we want to make that assessment from where the complaints are actually originating.

Commissioner Spears?

Um it just again, there are other places besides barbecue places burning wood, pizza places.

Um there are hamburger places that regularly have smoke coming from their char grills.

So I don't think it's unprecedented that you have a business that's going to generate smoke within their establishment.

And so it becomes a problem.

I'm sure the city knows how to deal with it.

So any other questions for staff.

Thank you.

Thank you.

All right, with that, we will close out the public comment period and move into commissioner discussion.

Or motions and for motions, remember the amended condition of approval.

Any just uh Commissioner Spears?

Um I move for the approval of PL two five oh two four two with the condition uh increasing the hours for the uh smokers use.

Okay, that motion has been moved by Commissioner Spears.

Is there a second?

Second oh, you got it.

I was looking this direction, so seconded by Commissioner Forte.

Um all those in favor, please raise your hand.

Okay, and that passes unanimously.

All right, with that, we have only commissioner member announcements left.

And then um city staff announcements.

Commissioner.

All right, city staff announcements.

No announcements, we'll just see you on September 9th at 515.

All right, so as it's been alluded to, our next DRC meeting is on September 9th, 2025.

And um our study session will begin 15 minutes early at 5.15 to accommodate a presentation.

And with that, we are adjourned.

Thank you.