OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tempe Development Review Commission Meeting - March 24, 2026

Development Review CommissionTuesday, March 24, 2026
BodyTempe, Arizona
SessionDevelopment Review Commission
DateTuesday, March 24, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:58

Okay, good evening everyone.

1:00

Welcome to the development review commission.

1:03

Today is March 24th, 2026.

1:06

I am Andy Johnson.

1:08

The purpose of the development review commission was 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.

1:28

The development review commission recognizes that the creation of a desirable environment 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, and attractive and compatible development that is therefore considered to be in the best interest of public health, safety, and general welfare.

1:51

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.

2:03

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

2:09

Tonight with us on the commission to my far left, Commissioner Joe Forte and Commissioner Linda Spears to my far right, Commissioner Stefan Richter, Commissioner Robert Miller, and Vice Chair Michelle Schwartz.

2:26

Tonight with us from City staff is Jeff Temolovich, Ryan Levake, Michelle Dalke, Chris Jasper, Robert Mansileo, Whitney Mayfield, Warren Rivera, Joanna Berry, and Eddie Garcia.

2:42

Anyone here tonight who wishes to speak on one of the items?

2:47

Um, would you please fill out one of these forms and bring it up to the front here to Joanna Berry?

2:52

And um you will give be given three minutes to speak, and staff will be monitoring that time.

2:58

Um I already have some.

3:00

Um if there's anybody else wishing to speak on an item, please fill out one of the forms that are up here at the front.

3:06

Um tonight um we have we will review items that we had discussed in our study session, which we will put on a consent agenda.

3:20

Um those items will be voted on um without hearing the cases and approved without hearing those cases.

3:27

If when I uh discuss the consent agenda, anyone here is wishing to speak on one of those items, please get my attention.

3:36

All right, so to start us off tonight, we will move on to the consideration of meeting minutes, items 2A and 2b, development review commission study session and regular meeting minutes from February 24th, 2026.

3:54

Is there a motion?

3:57

Commissioner Spears?

3:58

I move for the approval of the development review commission meetings regular and study session for February 24.

4:04

Okay, there commissioner Spears has a motion for approval.

4:07

Is there a second?

4:08

Second, seconded by Commissioner Richter.

4:10

All those in favor, please raise your hand.

4:12

And that passes unanimously.

4:15

All right, next I'll review our consent agenda.

4:18

Um our consent agenda.

4:22

Let me wait.

4:23

Okay.

4:24

Okay, on our consent agenda, as discussed in our study session, we will have item four A, which is request use permit to allow two required parking spaces within the within the front yard setback for Atkin residents.

4:40

Was there anyone wishing to speak on that item tonight?

4:46

Were you wishing to speak as a public comment?

4:48

Are you the applicant?

4:50

Okay, then we don't, yeah.

4:53

We we plan to have it on our consent agenda, so um, just give us a minute.

5:00

Um the next item would be item 4B, which is request use permit to allow one required parking space within the front yard setback for Ratskin residents.

5:08

Was anyone wishing to speak on that item?

5:11

Okay, seeing none.

5:12

Um items 4A, 4B will be on our consent agenda.

5:16

And then item 4C is the last one we wanted to have on our consent agenda.

5:19

And that is request use permit standard to reduce the rear yard setback from 15 to 12 feet for Wilson Row.

5:27

Anyone wishing to speak on that Adam?

5:30

All right.

5:30

So we will have those three items on our consent agenda.

5:35

Can I have a motion for our consent agenda, Commissioner Richter?

5:39

Motion to approve items 4A, 4B, and 4C on the consent agenda.

5:43

Okay, is there a second?

5:44

Second.

5:45

Okay, that's been moved by Commissioner Richter, seconded by Commissioner Miller.

5:48

All those in favor, please raise your hand.

5:51

All right, that passes unanimously.

5:54

We will move on to item 4D now, which is request use permit to allow a massage establishment in the CSS zoning district for Molly Spa.

6:04

Would the applicant please approach and present your case?

6:12

Is the applicant with us tonight?

6:18

On the applicant.

6:19

Oh, okay.

6:19

Great.

6:23

Yeah, yeah.

6:24

If you can um provide us with what your your um if you have a presentation or if you already brought one up.

6:30

It's great.

6:31

So thank you.

6:32

Yeah, uh can you hear me?

6:34

Yeah, so if you can just state your name and city of residence.

6:36

Yeah, my name is Daniel Sefluontis.

6:38

I'm with Sephunta Studio.

6:39

I'm a local architect here in Tempe.

6:41

I reside and uh work here out of Tempe.

6:44

And I'm representing uh the Mali Spa use permit application for the massage spa use uh on Scottsdale Road.

6:52

And then I think they have a presentation up.

6:54

Was this your group?

6:55

Yeah, this is our presentation.

6:57

So I just kind of want to give you guys this guy right here, right?

7:00

I just wanted to give you guys a little bit of a walkthrough of what we're you know, what we're presenting, what we're proposing here.

7:05

So essentially, this is a use permit for a thousand square foot massage spa.

7:11

It's currently a vacant uh tenant space there on Scottsdale Road in an older uh retail shopping center.

7:17

I think it's from the 70s, they believe it's from the early 70s or late late 70s, and the space has been vacant for some years.

7:23

So the landlord, you know, has wanted and worked hard to try to get somebody, and that's where our our uh our applicant came through.

7:34

Is it the this one?

7:35

Here we go.

7:35

So just to tell you a little bit about us.

7:38

So uh Mrs.

7:39

Ken Kampang, she's a uh light um registered and licensed massage therapist here in the state of Arizona.

7:46

And I know there's been some concerns potentially about you know the things that people sometimes say about massage spas, but we are very confident that this isn't the case here, right?

7:56

This is a legal business.

7:58

We're going through all the proper channels to get permitting, obviously the use permit.

8:03

She's hired a local architect, and essentially, you know, she she's also a member of the community there, the neighborhood at large.

8:11

So she lives about 2,000 feet away from this location.

8:15

So this is someone from the community that we're talking about that is trying to open a business.

8:19

It's a minority-owned business, it's her first time you know opening a business.

8:24

And so she's taking this this big step forward, right, to try to open this this location for her.

8:29

So just to kind of reiterate, you know, we're applying through all the necessary channels, and this use is something that would be allowed within that that district, and we believe that there won't be any negative impact, right?

8:41

We're talking about a total of four rooms in this space.

8:45

Her hours of operation will be from 10 to 7, uh, seven seven days a week.

8:49

And typically you'll have two to four customers depending on you know uh the appointments it's all appointment based.

8:56

So there won't be any really negative traffic flow because there won't be anybody there that's not either being seen or about to be seen, right?

9:04

So the the change in the traffic won't be there won't be any negative uh implications or you know conditions on this because there's plenty of traffic in that retail center.

9:14

Uh she's gonna provide head spa body massage and foot massage services at that location.

9:19

You can see her menu here, her perspective menu.

9:22

And um here's kind of a quick little layout of the space.

9:27

We got four treatment rooms, a little uh back of house area in the back, and a little waiting area.

9:33

I mean, we're talking about just under a thousand square feet.

9:35

There's an existing restroom.

9:36

So essentially she's modifying this space to create this new you know, massage spa business.

9:44

This is currently what it looks like, right?

9:46

So she'll be this isn't her sign, that's the existing sign that was there previously.

9:50

But you know, we we think that this is a great use, compatible with the you know the other uses, neighborhood uses in the district.

10:00

And you know, it's it's not doesn't it goes along with the general plan for uses along Scottsdale Road.

10:03

So yeah, if there's any other questions or if anybody has anything else to ask, that's about it.

10:09

Any questions for the applicant?

10:11

Okay, thank you for your presentation.

10:13

My pleasure.

10:14

All right.

10:14

Uh now I'll like to hear from staff, uh, Mr.

10:17

Monsley.

10:26

All right.

10:29

Chair Johnson, members of the commission.

10:31

Um, so this is a request for a use permit for Mustaz establishment for Melee Spa at 1646 North Scottsdale Road.

10:42

Looking at some maps on the left hand side, this is the zoning map.

10:46

It is CSS zoning.

10:48

And the site is just south of McKelops Road on the west side of Scottsdale Road.

10:53

And the aerial photo to the right shows the existing plaza, which has been there for quite some time, and the established um businesses around it.

11:04

So here are some site photos.

11:08

The picture on the right is the prospective um tenant space.

11:15

And here are some images from a Google street view showing the front of the parking lot area.

11:22

This both of these face Scottsdale Road.

11:27

Here is the site plan.

11:29

The area of work is highlighted there.

11:32

Um, it is not exaggerated like that.

11:34

That's only to highlight the area.

11:36

It is in line with the rest of the units there, and it is just under 1,000 square feet.

11:44

Parking is um provided on site.

11:48

There was no change in parking from the previous use, which was also classified as a service use, so there was no intensification of parking.

11:58

As we've seen here is the floor plan.

12:01

There'll be four treatment rooms, a business area in the back, and then the waiting area up towards the front of the space.

12:12

Running through the approval criteria for a use permit.

12:16

Um, number one, will there be any significant increase in vehicular or pedestrian traffic?

12:21

We don't believe so.

12:22

This is consistent with other commercial uses in the site and does not um is not an intensification of the space, so therefore there should be no significant increase in traffic.

12:34

There should not be any nuisances from noise, odor, gas or dust.

12:39

Um, this is similar in intensity to other uses within the plaza.

12:48

We don't believe that this will contribute to the deterioration of the neighborhood.

12:52

It does um align with Tempe's general plan to foster wellness-oriented businesses, and we believe it is compatible with the existing surrounding structures and uses.

13:04

The site is approximately just under a thousand square feet, and it is in a row of inline tenants with about the same size.

13:12

So the nature and scale of the business is appropriate and should not disrupt the character of the neighborhood.

13:21

And lastly, um, adequate control of disruptive behavior both inside and outside.

13:27

Uh, the suite is within an existing shopping center, and the proposed use is not anticipated to result in any disruptive behavior.

13:35

And lastly, a background check will be conducted by the Tempe Police Department prior to opening.

13:43

This did not require a neighborhood meeting, so one was not held.

13:48

And to date, staff did receive a phone call from a nearby resident expressing concern.

13:54

And we also received a report um with 14 letters in opposition, which you have been provided.

14:03

Staff is recommending approval subject to conditions, and we do have two non-standard conditions of approval.

14:09

One pertains to the hours, so hours of operation shall end no later than 7 p.m.

14:14

Sunday through Saturday.

14:16

And then the use permit is valid only upon receiving a valid massage license with the city of Tempe and receiving any necessary permits with the city of Tempe.

14:26

And I'd be happy to answer any questions.

14:30

Any questions for City?

14:32

For staff.

14:34

Okay.

14:35

Thank you for your presentation.

14:37

All right, now we will move into the public comment period.

14:41

So I have received several uh comment cards here.

14:45

If anyone else, I have four.

14:46

If there's anyone else here wishing to speak on this item, please um come up to the front and fill out a form.

14:52

And to start, um, we'll everyone will be given three minutes to speak, up to three minutes.

15:00

Um, if you could approach and state your name and city of residence as I call your name.

15:04

Uh first up is Lane uh Caraway, I believe.

15:10

Hopefully that's correct.

15:19

And then um up next would be uh Kathy Brand.

15:33

Oh just give me a second before you start.

15:37

No problem.

15:39

Uh hi, my name is Lane Kerraway.

15:41

I've been a citizen of North Tempe North of the Lake for 32 plus years.

15:46

I've lived in the Cavalry Hills uh neighborhood uh section.

15:52

This project butts right up to our neighborhood.

15:55

Okay.

15:56

We've been Googling, we got short notice.

15:59

I'm still recover recuperating from spinal surgery, um, and hadn't had a lot.

16:05

I have spoken to probably about three dozen neighbors.

16:08

Uh with no we have no correspondence.

16:12

I understand there's no neighborhood meeting required, but this type of secondary effect business, and that supposedly this person lives just on the other side of our neighborhood, could not take the time or effort to hold a neighborhood meeting or at least contact me or several other individuals in the neighborhood.

16:31

Um this shopping center has been plagued by tweakers, drugs, prostitution for years.

16:40

In fact, I'm almost positive that location was where we had the illegal barber shop that was doing poker prostitution and drugs about six years ago.

16:50

Um the restaurant is out because of code violations.

16:56

They're trying to get it reopened, get somebody in there.

16:59

You're not gonna get a somebody to come into this restaurant with a secondary effect business.

17:04

I don't know who this person is.

17:05

I don't even know who the lady is who wants to open it.

17:08

I hear she has a license, but yet she has to attain a massage license.

17:12

There's so much conflicting knowledge here that we can't we don't know where to go at this point with this, except that we want it denied.

17:22

Um we've got families that live right across the street.

17:26

I don't know what their intentions are.

17:28

Uh nobody's reached out, and I know once again they don't have to reach out, but if you're going to do a secondary effect business in this type of business, you need to know you know better.

17:40

You know you need to get the approval of the citizens, or at least contact somebody there.

17:45

So I'm asking that you guys deny this application.

17:49

Um simply because we don't know what's going to happen here.

17:53

And in the past, when we've had issues like this up in our neighborhood, it takes a year to two years to get these businesses shut down.

18:00

And with all the issues going on right now that we have, we don't need to add fuel to the fire.

18:07

And thank you so much.

18:10

Thank you.

18:12

Thank you.

18:13

All right, next up, Kathy Brand, and then on deck we have Nancy Baker.

18:31

Good evening.

18:32

Hello, everyone.

18:33

Hello, DRC.

18:34

My name is Kathy Brand.

18:35

I live in Cavalier Hills, just zero three point miles from the pro smiley spa.

18:40

I'm here today because this proposed business presented as a legitimate spa by applicants of Winter Studio, LLC, raises serious red concerns.

18:50

The proposed tenant lives only 0.09 miles from my home, roughly one mile from this spa they want to put in.

18:59

I have been unable to find their business registration in the Arizona Corporations Commission, the California Secretary of State or the massage therapy lessons with the Arizona State Board of Massage Therapy.

19:11

Her contact email, the small bear boom at gmail.com appears to be a personal Gmail account, not a business account.

19:20

There are missing registrations are especially concerning to me.

19:24

Given Arizona's documented problem with illicit massage businesses.

19:29

And according to my research, in 2025, investative graded respect from Tucson.com, Arizona has identified 480 to illicit massage businesses, still friends.

19:40

Operations for women offer middle-aged migrants from China or South Korea with limited English are trafficked for sex through debt coercion and owner control.

19:51

Nationwide, there are more than 16,800 parlors, massage parlors, more than the number of McDonald's.

20:00

Put that in your thoughts and your mind.

20:11

300 cases.

20:12

These are the only ones recorded.

20:13

These are the only ones that identified, involving 671 victims.

20:18

Of those 136 cases were sex trafficking.

20:21

13 of the sex trafficking cases involved involved illicit massage or spa businesses.

20:26

And when the top reported menu types, this is the national human trafficking.

20:34

We're located behind motels and hotels.

20:37

And Motel 6 is 223 feet away from that massage.

20:42

And I can tell you from my home, I have had naked men, I have had drugs, I have all kinds of stuff happening at my behind my walls.

20:49

So yes, there is a I have a serious problem with this massage parlor going right next to my house.

20:56

So Tempe neighborhoods deserve better businesses that are fully licensed, transparent, and legitimate.

21:02

I'm sorry if I feel a little passionate, but I have dealt with a lot in my Cavalier Hills, and I love my Cavalier.

21:08

I love my Cavalier Hills.

21:10

I respectfully urge, sorry, get emotional, to require complete proof of registration, proper licensing, and strong safeguards before any approval is granted.

21:21

Protecting the Tempe community from potential exploitation must come first come first.

21:26

And I oppose this business.

21:29

All right, thank you for your time.

21:30

Thank you.

21:34

All right.

21:35

Next up is Nancy Baker with Reed Colstrad on deck.

21:47

Good evening.

21:48

Good evening.

21:49

Development review vice chair and commissioners.

21:52

I would like to amplify my neighbor's comments.

21:56

Sorry, just say your name is.

21:57

I'm Nancy Baker.

21:58

Thank you.

21:58

And I am a North Tempe resident.

22:01

I live in Cavalier Hills.

22:02

I live two doors up from Kathy and three doors up from the lane.

22:08

So Hancock and Scottsdale Road.

22:12

Thank you.

22:13

Thank you.

22:15

I'd like to amplify my neighbors' comments this evening.

22:18

Transparency is key.

22:20

I believe prioritizing our neighborhood and family-friendly businesses for the diverse neighborhood residents of which we are and revenue generating participation is critical for the city of Tempe.

22:34

I also believe it's imperative to continue the efforts of our North Tempe community focused on neighborhood safety in this community.

22:44

Massage parlor erodes the efforts of our neighborhood's transformation.

22:49

It is not compatible for our Tempe community.

22:52

I believe denying the application at this time is the right thing to do.

22:58

And I appreciate the commission's time and in the review.

23:02

Thank you.

23:04

Thank you.

23:06

All right.

23:06

The last uh card that I have is Reed Colster.

23:12

If you could um state your name and city of residence for the record, please.

23:19

Yeah, my name is Ray Calstrudy.

23:20

I live in Chandler.

23:22

Uh I'm here for the lady Copenhagen.

23:27

That's her name.

23:28

We call her Lynn, so much easier.

23:30

Um I have owned massage parlors for 13 years.

23:35

Me and my wife.

23:36

My wife is Chinese.

23:37

And we have owned and operated five different massage parlors, totally legit.

23:43

We don't put up with any hanky panky.

23:46

We don't put up with any of that type of stuff.

23:47

If they try to do anything, we throw them out.

23:50

We're legitimate massage.

23:51

I know there are lots of other ones that aren't.

23:54

But right now we own one in uh Gilbert, the Oasis Massage.

24:00

We've had it for about nine months.

24:02

Copentai, who's sitting back there, who's a massage therapist.

24:06

She has worked for us for six months.

24:09

Great massage therapist, plus she also works as a manager for us.

24:13

We have another one before that in Scottsdale, over on McDowell and Hayden.

24:19

Uh we had that for over three years.

24:21

Totally legitimate massage.

24:23

That's all we do is massage.

24:26

And Copentai worked for us for two years there.

24:29

And she legitimate massage therapist, and she works as a manager.

24:34

So she not only knows how to do massages, she also knows the business side of it.

24:38

And she wants to get into her own her own place now.

24:41

She wants to have her own business.

24:43

So that's why I'm trying to help her out with this.

24:45

Um again, we're totally legitimate.

24:47

I know there's other ones that aren't.

24:50

I know there's uh the lady mentioned Chinese people.

24:54

Well, my wife has been running spas for 13 years and she can barely speak English because she's ruined the work.

25:01

So I'm here just for her.

25:04

I'm she's a very uh smart young lady, and I'm asking you to approve this.

25:10

Thank you, sir.

25:12

All right, was there anyone else wishing to speak on this item tonight?

25:17

Okay, um, I'd like to invite the applicant up to address any comments that you may like to address.

25:29

Yeah, I just wanted to the uh address the issues of the permitting and all the licensing, right?

25:34

So, as part of any new business coming into Tempe, as you guys know, they have to go through the business licensing department.

25:41

So at that point, we'll have to provide all the registration, all the business information.

25:45

At that point, the background check will be done.

25:48

So Tempe police will go through all their proper protocols, as Robert mentioned.

25:52

So there is checks and balances in the system to make sure that it is legitimate operation and to make sure that they don't have any you know questionable uh background problems that that may arise.

26:04

So I just wanted to kind of address that uh that concern.

26:07

So thank you so much.

26:08

Um hold on one second.

26:10

Were there any questions for the applicant?

26:12

No, okay.

26:14

Um Mr.

26:15

Mansile.

26:24

Are there any questions?

26:25

Any questions?

26:26

Any questions for staff?

26:28

I am just Commissioner Spears.

26:31

Um the concerns about the uh illegal activity that may be going on.

26:37

Is this the type of business that SEPTED would be looking at?

26:41

And if there's any issues that would be brought to the applicant's attention based on police review, Commissioner Spears, um SEPTED did review this application packet.

26:52

Um they recommended some increased lighting around the doorways.

26:56

Um they can do follow-up um inspections or checkups if that's something that um we should put in a condition of approval.

27:07

Um, but they do review the the application, and we did get comments from them.

27:13

And I and I asked the questions specifically to address some of the concerns.

27:17

It's not like we just open the doors and say there's specific criteria that has to be met for a use permit.

27:25

And in fact, the police department are an active part of that review and recommending what makes the area safe.

27:32

So thank you.

27:39

And he gave me a um PD call log um for the number of calls at this location.

27:47

And he said that since 2021, they've had one call at the location, and that was at the former business.

27:54

There were some employees having uh a dispute.

27:57

He said that they the Tempe police they do park in in the plaza parking lot fairly often.

28:04

Um they they were notified that that North Tempe residents wanted more of a police presence, so they do make an effort to park in that parking lot.

28:14

Um, so that that may deter some of the uh criminal activity that goes on in this plaza.

28:23

Um specifically the background check, who is that done on Chair Johnson?

28:31

It is done on the business owner, I believe.

28:34

Is that correct?

28:38

Actually, I believe it's uh Mr.

28:41

Levake, maybe could you confirm for us?

28:43

Is it I believe it is the business owner, but is it is it also every massage um the initial initial the initial and the input the initial list of employees they they are also looked at as as well.

28:59

Yeah, okay.

29:00

I'm sorry, I wanted to confirm because I wasn't quite sure.

29:02

So the business owner and then the massage therapists as well.

29:07

Okay, so the initial um hires and the and the business owner, the business owner in this case is um Lee.

29:15

Is that like correct?

29:16

Yes, yes, okay.

29:21

Um then can you just confirm on the the licensure?

29:30

Um there was an uh uh a person from the the um public that was mentioning they did a lot of research and weren't able to come up with any um existing current licensing um for this type of use.

29:45

Did is that something that's required up front um by the city, or is that something as part of the the review process?

29:52

Uh Chair Johnson, I believe that would be in reference to the state license, and that is not required for this process.

30:00

We have our city business license that once that is applied for, then the police background check is initiated.

30:09

The state licensing is a separate process that I don't believe um is is required up front for this before a use permit application, and I don't believe it's required for the city tax and licensing process to begin either.

30:24

So is there a state regulation on this business?

30:27

There is, yes.

30:28

Okay, so so they will need to get a state license massage license.

30:33

Okay.

30:35

Any any other thoughts or questions?

30:39

Okay, thank you.

30:41

With that, we will close out the public comment period.

30:44

Um and I'll move on to commissioner discussion.

30:50

Any Commissioner Forte.

30:54

So I reviewed all of the input that the community shared, and I um understand the concerns.

31:04

I also reached out to Michelle to get some information on the city of Tempe.

31:11

And over the past seven years, we've present we've um approved 35 of these use permits.

31:17

They actually happen very regularly.

31:19

And even though there are some uh some contacts that people don't like with massage therapists, um, we've actually haven't had any complaints for any of the uh use permits that we've given.

31:34

And so um, you know, I think it's a business owner just wants to start business, so I'll be in support of this any other thoughts, comments.

31:49

Um I guess I'll just I'll just make a quick comment.

31:52

I I have um a former colleague who lives in the neighborhood, and I know there's a lot of very um uh passionate people that that really love their neighborhood.

32:03

Um and and there are some um some issues with um things that are not the the best thing to happen in neighborhoods um in this general area.

32:16

Um and and he's he's shared a lot of those thoughts and comments with me.

32:21

Um for this specific case, um I'm I have the uh a very similar recollection to the history that Mr.

32:32

U the Joe just mentioned as it relates to massage establishments, and um they come to us very regularly um quite frequently, and um I have not heard the type of feedback that um would be have that negative connotation for those kinds of businesses.

32:52

So um this specific um use doesn't uh particularly uh great concern for me for this thousand foot uh location within that strip mall.

33:09

Um but any other comments or thoughts or motions.

33:17

We do need a motion.

33:20

Commissioner Richter.

33:22

I forgot what item it is 4D.

33:24

Um motion to approve item 4D.

33:28

Okay, so there's a motion for approval from Commissioner Richter.

33:32

Is there a second?

33:34

Second.

33:35

Seconded by Commissioner Forte.

33:37

All those in favor, please raise your hand.

33:40

And that passes unanimously.

33:44

All right, so we will move on to item five A, which is request a zoning map amendment on a portion of a site from RO to CSS to allow an event center within an existing office building on 1.51 acres for Lux Holdings MDPP.

34:03

If the applicant could please approach and present your case this evening.

34:15

I feel like I gotta squat down for this.

34:17

There you go.

34:18

Members of commission, my name is Adam Baugh, 2121 East Island Avenue.

34:23

On behalf of the applicant, um I can imagine you might wonder this is an odd zoning boundary case, but let me walk you through the history and then I'll I'll explain what we're doing, and I think staff can also follow up with this.

34:35

Um the owners of this building um operate a real estate company, and they have a couple of different um entities within it.

34:43

And as they were doing different like um seminars for their investors and things like that, they would gather you know some folks into there and do a lunch and learn kind of opportunity.

34:52

And after one of those opportunities, somebody said, This is a great space.

34:55

Do you think I could do um my daughter's wedding here in suite 102?

35:00

And they said, Yeah, let's do it.

35:01

It seemed to be for them a commercial zoned property, but it it's not zone commercial.

35:05

And so as a result, they quickly found out that well, it seemed like a good idea, you need to go through a proper process for it.

35:11

And so, what you have here today is a property that is along rural road just north of the 60 freeway, it's zone RO, and it was built as an office property back in the 1970s.

35:25

Do I just okay?

35:30

Thanks.

35:33

Should it just advance with this right here?

35:35

Okay, perfect, thank you.

35:36

And so what they've been able to use is the a portion of the north half of the building and the courtyard.

35:42

And as a result, what we initially filed an application for the entire blue boundary of the parcel, but I think staff made a good point.

35:50

Um, it's really not so much a concern about the events that you do here in occasion, but it's also the concern about what do you if you zone the entire parcel, what could it be if we disappear or go away?

36:02

Does it does the commercial zone zoning open up for some that might not be compatible with the residents next door?

36:08

And so, as an amendment to our request after we initially filed it, we decided to make a change because we we don't want to create the opportunity that this parcel, it's but it's parking lot and everything else can be something else down the road.

36:19

And so by getting kind of creative in the way we defined our zoning boundary, we've limited it to just the courtyard and the north building.

36:26

And so um the general plan recognizes that this area is appropriate for commercial on the general plan map.

36:32

And so as you look at this boundary, the on the left side is the existing zoning map and has that black square, and then the square in the middle is representative of the courtyard area.

36:41

And what we try to do with this request is really just capture the courtyard area and the north building.

36:47

There's actually two buildings on this property, so they're and they're separated by open space.

36:52

And so by rezoning just the north half of the of the north building, we've now sort of contained it to just this area, so this property itself can't be anything more than what we're presenting to you guys today.

37:03

So this site plan shows a little bit of what that looks like.

37:05

Um the suite 102 is essentially the venue space, and that venue space is only about 2600 square feet, and then the courtyard is about 4,000 square feet.

37:19

And so this is meant to be utilized when the office is closed.

37:25

So it's meant to be an off-peak time of use.

37:28

And then in so doing, you don't ever have this co-occurring at the same time you have the office operations occurring on the property.

37:36

Here's an example of what the courtyard looks like today.

37:40

Just turf and lights and the small little putting green out there.

37:44

And as we considered this opportunity in suite 102, I'll show you a couple of photos of what that looks like here today.

37:50

Um, that's the extent of 2600 square feet.

37:52

So it's rather small.

37:54

Um, you can't really fit much more in there than this space.

37:57

Um, there's a church group that uses it on Sundays in the middle of the day, and so you I don't imagine we'll have any Sunday events either.

38:04

So it's primarily a probably a Friday and a Saturday opportunity.

38:08

Um with this, we've thought about the proximity to the homes along Hermosa and want to make sure that we implemented a policy and a plan that helps maintain compatibility long term.

38:21

So, first and foremost, we have 70 plus parking spaces on the property, and because this use occurs when the office is closed, you're not fighting over an office and an event venue at the same time.

38:36

One of the commissions of our um good neighbor policy is to make sure we have an on-site parking tenant out on the exterior of the property anytime we have an event.

38:44

That way they can make sure that people are directed to the right parking space.

38:47

It reduces on-street parking and prevents any off um off-site parking concerns.

38:53

If necessary, we can also bring on a valet, and then there's an opportunity for us to collaborate with the church next door if there's ever a need for overflow parking.

39:01

As far as noise goes, um, in addition to a person being on the exterior during all events, there will always be a staff member on the inside as well.

39:09

And one of our proposals that we've seen work well with other facilities we've done like this is to share our direct contact info, and I direct I mean cell phone numbers of the actual personnel on site.

39:20

So if we would share that with every single resident along that street, so they have a direct ability to communicate with us if there ever was an issue.

39:26

What we want to make sure is that we don't just um react, but that we have a plan in place for that.

39:31

So as part of the hours operation, we would essentially do 9 p.m.

39:35

on weekdays, 10 p.m.

39:36

on weekends, limit activity to the suite 102 and the courtyard that's in the center of the property.

39:42

And we thought about taking another step further and kind of creating a policy to manage any questions that might come up.

39:48

And so, what that would do is it would look like this where we would gather any um information that might come from a complainant, we would investigate immediately, document the resolution, and then communicate right back.

40:00

And that's why giving the cell phone number of the on-site personnel is a key aspect of the communication neighbors from day one.

40:06

So that way they have the ability to communicate with us as we go forward.

40:10

Um I'll wrap it up because I know you have a many of other things to do on this evening.

40:15

But what we like about this proposal is it doesn't open up the property to full commercial rezoning or something else down the road.

40:22

It limits the commercial zoning to just this suite and just this courtyard area.

40:27

But what it does is it allows us to re-inject the revenue created from this into the building, a building that's 50 plus years old.

40:36

It's not surprising, but we'll need improvements from time to time.

40:40

And so the ability to have this event venue helps create revitalization of this own building.

40:44

And I think this additional utilization allows us to be a premier asset along this corridor, and but in so doing I think lifts up the other houses on the street because by sustaining the economic vitality of this property, you prevent what could be a problem with an aging building along Hermosa Drive.

41:01

And because those activities all occur within suite 102 and in that courtyard, it's really self-contained, no external impacts.

41:07

Um I do feel like it is consistent with general plan, which recommends commercial and the type of activity you would expect along rural road.

41:14

And I think that's why staff is able to be supportive of it.

41:17

I have a feeling that if we were to ask for the full parcel, I'm not sure we would be able to find their support.

41:22

But the ability to restrict it to just this little suite in this courtyard helps contain it and allows it to operate in a way that can maintain compatibility long term.

41:30

So with that, I promise to be brief, I'll end my presentation.

41:34

Happy to answer any questions that you might have.

41:36

Are there any uh questions for the applicant?

41:41

Commissioner Porte.

41:43

So was the wedding that you were sharing, was this in November that you're Oh, are you referring to the the Well because we have there's one thing in our packet for amplified sound that was there was an issue.

41:56

So I don't know if that was specific.

41:58

So that was a that to be honest, that was confusing for us too, because we didn't have an event on that day when that was letter was communicated.

42:04

But there is a student coet house right across the street that seems to be they fit a lot of people into there this way I can describe it.

42:13

Uh it's possible that the noise came from there, but we didn't have an event on the day that that letter referenced.

42:19

Okay.

42:20

Good one.

42:21

Thank you.

42:26

Yeah, I uh just briefly looked up the establishment online when we had this case and noted a couple instances where it was suggesting there could be up to 500 plus people.

42:37

I think that's some of my concern is definitely the parking requirements um in this neighborhood.

42:43

That's uh I'm I'm glad you brought that up because I wanna I want to address that right away.

42:47

Um, first of all, our website, eventcenterforrent.com has been shut down since February of 2025.

42:54

We we turned it off when we got the letter from the city that let us know we couldn't do this.

42:58

Um but what I suspect happened is early in the very beginning, we hired a lead generator to post things in a lot of places, and I think those are the the settings that they selected and clicked, but it wasn't websites that we run.

43:09

I think they're probably more like an aggregator.

43:11

Uh, truthfully, I don't think we can have probably more than a hundred-ish people there, given that the parking situation um there's been times when we've had about 100 people and it's worked out just fine.

43:20

But the key is the coordination of the parking because you only have setting one spaces, and even if LA, you're at best 80.

43:27

And so we have to make sure, secondly, that we don't exceed fire code standards, which is occupancy related to the suite 102.

43:34

So I don't know.

43:36

I I saw the I saw it after the comment, I went and looked it up.

43:39

It's called event detective.com, which sounds like a more like an aggregator site, but not our particular.

43:45

Yeah, there was more than one instance, uh, but it I agree it was hard to find an actual um website.

43:52

Yeah, thank you.

43:56

Other questions.

43:58

Okay, thank you for the presentation.

44:01

Um like to invite up Mr.

44:03

Jasper from the city.

44:10

Good evening, Chair, members of the development review commission.

44:12

My name is Chris Jasper, senior planner.

44:14

Happy to present this item to you this evening.

44:16

So we have before you a request to rezone a portion of the site located at 3910 South Rural Road from RO, that's residential office, to CSS commercial services and shopping.

44:28

Um the request as noted would result in a split-zoned lot with the CSS zoning applied to the northernmost building located on the site, um, as the applicant uh noted.

44:41

Although the site may appear from an aerial view to be one building, it is two discrete buildings uh that are separated by a breezeway and courtyard open space.

44:51

Uh and so the the reason would only incorporate that northernmost building.

45:00

Um as the applicant noted, uh the initial proposal was to rezone the entire site from RO to CSS.

45:05

Um however, there were some concerns about sort of the potential for uh land uses within the CSS zoning district that you know the RO is kind of a buffer zoning district that is intended to sort of serve as a lower intensity uh district, and so it is most often utilized in instances where it's adjacent to similar family residential.

45:30

So after some discussion, the majority of the existing RO zoning will remain in place, and in those spaces, the development standards, including setbacks for the side and front, will apply.

45:42

The restrictions for land uses within that uh within those portions will apply.

45:46

Um, however, the land uses within that CSS portion uh will be allowed.

45:51

Uh so I've provided the site plan for reference.

45:55

Um there was some unpermitted modifications made to that courtyard space that is being resolved through a minor uh development plan review.

46:04

Um, however, staff you know can't take action on that until the the rezone is approved, and concurrent with the development plan review is a shared parking analysis to request relief from our standard parking um obligations given the uh increase in intensity proposed by the uh uh conference event space.

46:27

Uh so I did provide uh just a couple precedents um just to alleviate any concerns that we're doing something that's brand new to the city.

46:35

Um we do have a an intentionally split zoned lot at 2141 East Broadway Road.

46:42

You can kind of see how the RO and commercial zoning districts are intended to achieve a bit of a land use buffer.

46:51

So at this site, for example, there is a commercial office component on the northern half, but RO zoning applied to the southern half, which restricts that sort of commercial activity from extending to the south.

47:02

And the intent for this project as it is you know proposed is the same.

47:07

Um other more recent precedents, because I know this is from 1974, include uh the district at Apache, uh, which was done uh a little more recently.

47:16

Uh that is, I don't have that on this exhibit, but on this PowerPoint, um, but that was a split zoned lot, which is uh both MU4, mixed use, high density, as well as uh R4, our highest multifamily zoning district.

47:33

And in those instances, the intent was you know to incorporate both those development standards into one lot.

47:40

So it's something that we've we've seen both in the past and in the recent past.

47:46

So as such, you know, staff has um you know indicated support and a recommendation of approval for this.

47:53

Um, you know, we believe that it's in the public interest, um, that it conforms with the facilities and implementation of the general plan, uh, given the land use designation, which as the applicant noted is commercial, uh and it does support a variety of uses within walking distance of residential areas.

48:10

Um because the proposed zoning map amendment is not included or is not associated with any changes to the building itself and is intended to mitigate future high intensity development.

48:23

Uh, we do think it is compatible with the surrounding land uses and zoning designations.

48:28

You know, we kind of still have that RO ring around the building to really um kind of serve as a barrier to high intensity uh development, and we believe that it mitigates impacts on land use, water infrastructure.

48:43

Uh you know, it has no deleterious impacts.

48:48

Uh neighborhood meeting was required, and that was completed on site on July 28, 2025.

48:54

Um, there were six residents who attended the meeting.

48:57

There were some concerns associated with the CSS zoning district.

49:01

So at the time, uh the CSS zoning district was going to be applied to the entirety of the site.

49:07

Um, and since then we've obviously reduced that scope and uh you know they identified concerns with the future of the site if it were sold or you know, opened up for future development.

49:17

So that's why we kind of ended up where we are today.

49:21

Um and then there were some questions about the operational characteristics of the event center.

49:25

Um we did receive one letter of opposition, uh, and they identified uh concerns associated with noise from the proposed event center.

49:32

Um, as indicated, this you know, code case was opened in February of uh 2025.

49:38

Um, so hopefully there were no events um hosted, you know, by the time uh that noise complaint was identified.

49:45

Um we did uh uh work with our uh police and subtech team to see if there were complaints associated with the event center.

49:53

Uh it looks like most of the noise complaints in the area were not from this particular site, but from parties that and individual residences.

50:04

Um so with that, our recommendation is approval subject to the conditions contained in your staff report.

50:10

And thank you.

50:11

I'm happy to answer any questions.

50:12

Any questions?

50:16

Uh I have a question.

50:17

So the applicant had indicated some hours of operation or you know, the operating until 9 p.m.

50:24

and then 10 p.m.

50:25

perhaps.

50:26

I didn't see those reflected in any conditions of approval.

50:30

Uh Chair Johnson, yes, that's correct.

50:32

So with a rezoning application, uh, we're a little more limited in the sort of use characteristics that we can uh identify as conditions uh in the approvals.

50:43

So you know, we're we're really just looking at a a map amendment, and it's somewhat land use agnostic uh in that way, so we can't enforce uh specific land use regulations outside of the you know use permit process.

50:58

Okay, so those could not be added as conditions of approval.

51:04

That is correct.

51:06

Okay.

51:10

Yeah, I guess similarly, my head was going to case we heard recently with amplified outdoor sound, and so those those would all be handled administratively in the future.

51:20

Uh Vice Chair Schwartz.

51:22

Um I'm sorry, could you repeat the question?

51:27

Um under the CSS zoning, are there additional permits required for amplified outdoor sound?

51:35

Oh, oh I understood.

51:36

Uh yes, yeah.

51:37

So um, yes, if there are any um outdoor amplified sounds that you know conflicts with our noise ordinance, they would have to receive uh approval through our special events task force.

51:51

So it's not necessarily with planning, but there is a a an agency, a group that you know handles those.

51:57

Thank you.

52:00

Commissioner Miller.

52:01

Um I know you you mentioned that you were the initial idea was to rezone the entire building and uh and the courtyard, and then that was there that got pulled back because uh was it because there's there wasn't as it might be harder to approve that.

52:19

Was that the idea?

52:20

Or what was what was the thinking there?

52:24

Oh, uh oh, sure.

52:29

Commissioner Miller may answer your question more directly.

52:33

I think the fear was that this could be something else besides an event center down the road.

52:38

Drive-through or any other hundred plus uses allowed in the zoning district.

52:42

So I just restricted to this area.

52:44

I we wanted to take that concern off the table.

52:48

Which leads me to the question is is this sort of the camel getting his nose under the tent?

52:53

Because once you've once you've done one small part of this, is there more of a precedent to do the rest of it?

53:01

I could I could see that.

53:02

I just think that if we aren't if we can't be good enough operators with this limited area, I can't see the city approving anything bigger than what we've got down the road, but the concern is noted.

53:12

Thank you.

53:14

Commissioner Miller, I did want to respond to that and note that this proposed rezone was shared with various um departments divisions, and we did have a few who indicated some concern associated with a full rezone to allow a higher intensity, more traffic intense uses, um, particularly because of the turning movements on uh Hermosa southbound on rural and going northbound on rural turning into Hermosa.

53:41

So that was a consideration when evaluating the initial proposal and uh after sort of the scale back, those concerns were mitigated.

53:54

Any other questions?

53:56

All right, thank you very much.

53:58

Thank you.

53:58

Um we'll move on to the public comment period.

54:01

Was anyone here from the public wishing to speak on this item?

54:05

Okay, seeing none, we will close the public comment period and move on to commissioner discussion or motions.

54:14

Any commissioner Spears?

54:17

Any any discussion?

54:19

No.

54:19

Okay.

54:20

Commissioner Spears?

54:21

Um I move for the approval uh PL250166.

54:26

Okay.

54:27

There's a motion for approval by Commissioner Spears.

54:29

Is there a second?

54:30

Second.

54:31

Seconded by Commissioner Richter.

54:32

All those in favor, please raise your hand.

54:35

Okay.

54:35

And that item passes unanimously.

54:39

All right, so let's move on to Commission member announcements.

54:43

Were there any announcements this evening?

54:47

Seeing no announcements, we'll move on to city staff announcements.

54:52

Ms.

54:52

Dalkey, we have no announcements for you tonight.

54:55

Thank you.

54:55

No announcements.

54:56

Okay.

54:57

Well, our next scheduled meeting date is April 14th, 2026.

55:02

And this meeting is adjourned.

55:05

Thank you.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████70%
Public Safety███████11%
Cannabis Regulation██████9%
Procedural█████7%
Economic Development██3%
Summary of Proceedings

Tempe Development Review Commission Meeting - March 24, 2026

The Development Review Commission met on March 24, 2026, at 2:15 PM (UTC) to consider a consent agenda, a use permit for a massage establishment, and a zoning map amendment for an event center. All four items on the consent agenda were approved unanimously. The commission also approved the massage establishment use permit and the zoning map amendment after hearing staff reports and public testimony, with votes of 5-0.

Consent Calendar

  • Item 4A: Request for a use permit to allow two required parking spaces within the front yard setback for Atkin residents. Approved unanimously.
  • Item 4B: Request for a use permit to allow one required parking space within the front yard setback for Ratskin residents. Approved unanimously.
  • Item 4C: Request for a standard use permit to reduce the rear yard setback from 15 to 12 feet for Wilson Row. Approved unanimously.
  • Minutes: Study session and regular meeting minutes from February 24, 2026 (items 2A and 2B), were approved unanimously.

Public Comments & Testimony

  • Land Use Item 4D (Molly Spa): Four members of the public spoke. Lane Kerraway (Cavalry Hills resident, 32+ years) expressed opposition, citing the shopping center's history of "tweakers, drugs, prostitution" and noting a previous illegal business at the location. Kathy Brand (Cavalier Hills resident) raised concerns about missing business and massage therapy licenses, referencing Arizona's 2025 data identifying 480 illicit massage businesses and potential human trafficking. She highlighted a Motel 6 located 223 feet from the proposed spa. Nancy Baker (Cavalier Hills resident) amplified concerns about transparency and neighborhood safety. Reed Calstrudy (Chandler resident) supported the application, stating he has owned legitimate massage parlors for 13 years; he described the applicant, Lynn Kampang, as a legitimate massage therapist and manager who has worked for him.

Discussion Items

  • Item 4D: Use Permit for Molly Spa (Massage Establishment): The applicant, Daniel Sefluontis (local architect, Sephunta Studio), presented for owner Lynn Kampang (licensed massage therapist and Tempe resident). The proposal is for a 1,000-square-foot massage spa in a vacant space at 1646 North Scottsdale Road in a shopping center built in the 1970s. Hours of operation would be 10 a.m. to 7 p.m., seven days a week, with appointment-based service. Staff (Robert Mansileo) recommended approval, noting no significant traffic increase, compatibility with the general plan, and a background check by Tempe Police. Staff reported receiving a call from a concerned resident and 14 letters of opposition. Commissioner Forte noted that over seven years, the city had approved 35 similar use permits without complaints. Commissioner Spears asked about licensing and background checks. The commission approved the permit with conditions: hours no later than 7 p.m. daily and valid only upon receiving a city massage license.

  • Item 5A: Zoning Map Amendment from RO to CSS for Event Center: The applicant, Adam Baugh (on behalf of Lux Holdings MDPP), requested rezoning of a portion of 3910 South Rural Road from Residential Office (RO) to Commercial Services and Shopping (CSS) to allow an event center in an existing office building. The initial proposal to rezone the entire 1.51-acre parcel was scaled back to only the northernmost building and courtyard (about 2,600 square feet interior, 4,000 square feet courtyard) to mitigate concerns about future high-intensity uses. The event center would operate when the office is closed, with hours of 9 p.m. on weekdays and 10 p.m. on weekends. A neighborhood meeting on July 28, 2025, had six attendees; one letter of opposition was received regarding noise. Staff (Chris Jasper) supported the amendment, noting it conforms with the general plan's commercial land use designation and maintains an RO buffer around the building. Conditions include a shared parking analysis and resolution of unpermitted courtyard modifications. Commissioner Miller raised concerns about precedent, but the motion passed unanimously.

Key Outcomes

  • Consent Agenda (Items 4A, 4B, 4C): Approved unanimously.
  • Item 4D (Molly Spa Use Permit): Approved unanimously (motion by Commissioner Richter, second by Commissioner Forte) with conditions limiting hours and requiring a massage license.
  • Item 5A (Zoning Map Amendment, Lux Holdings MDPP): Approved unanimously (motion by Commissioner Spears, second by Commissioner Richter).
  • Next scheduled meeting: April 14, 2026.

Meeting Transcript

Okay, good evening everyone. Welcome to the development review commission. Today is March 24th, 2026. I am Andy Johnson. The purpose of the development review commission was 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. The development review commission recognizes that the creation of a desirable environment 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, and 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 the city council are not final decisions. Tonight with us on the commission to my far left, Commissioner Joe Forte and Commissioner Linda Spears to my far right, Commissioner Stefan Richter, Commissioner Robert Miller, and Vice Chair Michelle Schwartz. Tonight with us from City staff is Jeff Temolovich, Ryan Levake, Michelle Dalke, Chris Jasper, Robert Mansileo, Whitney Mayfield, Warren Rivera, Joanna Berry, and Eddie Garcia. Anyone here tonight who wishes to speak on one of the items? Um, would you please fill out one of these forms and bring it up to the front here to Joanna Berry? And um you will give be given three minutes to speak, and staff will be monitoring that time. Um I already have some. Um if there's anybody else wishing to speak on an item, please fill out one of the forms that are up here at the front. Um tonight um we have we will review items that we had discussed in our study session, which we will put on a consent agenda. Um those items will be voted on um without hearing the cases and approved without hearing those cases. If when I uh discuss the consent agenda, anyone here is wishing to speak on one of those items, please get my attention. All right, so to start us off tonight, we will move on to the consideration of meeting minutes, items 2A and 2b, development review commission study session and regular meeting minutes from February 24th, 2026. Is there a motion? Commissioner Spears? I move for the approval of the development review commission meetings regular and study session for February 24. Okay, there commissioner Spears has a motion for approval. Is there a second? Second, seconded by Commissioner Richter. All those in favor, please raise your hand. And that passes unanimously. All right, next I'll review our consent agenda. Um our consent agenda. Let me wait. Okay. Okay, on our consent agenda, as discussed in our study session, we will have item four A, which is request use permit to allow two required parking spaces within the within the front yard setback for Atkin residents. Was there anyone wishing to speak on that item tonight? Were you wishing to speak as a public comment? Are you the applicant? Okay, then we don't, yeah. We we plan to have it on our consent agenda, so um, just give us a minute. Um the next item would be item 4B, which is request use permit to allow one required parking space within the front yard setback for Ratskin residents. Was anyone wishing to speak on that item? Okay, seeing none. Um items 4A, 4B will be on our consent agenda. And then item 4C is the last one we wanted to have on our consent agenda. And that is request use permit standard to reduce the rear yard setback from 15 to 12 feet for Wilson Row. Anyone wishing to speak on that Adam? All right. So we will have those three items on our consent agenda. Can I have a motion for our consent agenda, Commissioner Richter? Motion to approve items 4A, 4B, and 4C on the consent agenda. Okay, is there a second? Second.

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