Public Meetings - Tempe, Arizona

The Development Review Commission (DRC) met on April 11, 2023, at 6:00 PM (approximate start) to consider minutes, consent agenda items, and two public hearings. The meeting included discussion of design changes to a proposed high-rise residential project at 16 East University Drive and a zoning amendment and development plan for the Vedana Tempe townhome project. All votes were unanimous. Consent Calendar - Approval of February 28, 2023 Minutes: The DRC approved the study session and regular meeting minutes of February 28, 2023 by a vote of 6-0, with Commissioner Schwartz abstaining due to absence. - Bonfire Craft Kitchen and Tap House (PL230053): Request for a use permit to allow live entertainment (singing, dancing, karaoke, music) at 1617 West Warner Road. Approved consent agenda 7-0. - Rio 2100 Residences (PL220255): Request for General Plan density amendment from High Density (up to 65 du/ac) to High Density-Urban Core (more than 65 du/ac), zoning map amendment from GID to MU-4, PAD overlay, and development plan review for a mixed-use project with 390 dwelling units and commercial co-work space at 2132 East Cameron Way. Approved consent agenda 7-0. Discussion Items 16 East University (PL220343) - Applicant: Darren Sender (Sender Associates) and Mark Oberholzer (architect) presented on behalf of CA Ventures. The project is a high-rise residential building at the corner of University Drive and Mill Avenue. The DRC had continued the item on February 28, 2023 over concerns about building materials, particularly the use of metal panel vs. EFIS (Exterior Insulation and Finish System). - Proposed Changes: The applicant shifted from metal panel to a metallic-finish EFIS on more than half the building (gray portions), with a matte EFIS on the lighter areas. They increased window recesses on the west elevation, added Juliet balconies, and incorporated joint patterns to mimic metal panels. The goal was to achieve a consistent architectural expression while using EFIS that looks like metal. - Staff Position: Senior Planner Karen Stovall expressed concerns about the EFIS actually appearing as metal. Staff proposed two additional conditions: (1) The gray EFIS portions must have reveals with a contrasting color to simulate metal panel joints; (2) The applicant must prepare and submit a mock-up of the metallic EFIS (including all three colors and a reveal) for inspection prior to construction. Commissioner Lloyd questioned the durability of metallic EFIS in Arizona's climate, noting potential performance issues and woodpecker damage from reveals. - Other Modifications: The applicant agreed to conditions regarding sound transmission: an average STC of 54.63 between units, meeting 55 STC between adjoining bedrooms. Conditions 7 and 22 were added regarding tenant disclosure for nearby entertainment venues and coordination with the adjacent property owner at 26 East University. - Vote: Motion to approve with conditions as revised (including the two new conditions) passed 7-0. The item will go to City Council on April 20, 2023. Vedana Tempe (PL230035) - Applicant: Ahmed Sudan (owner/developer) and Steve Greco (architect). The project proposes a zoning map amendment from R-2 to R-1 PAD and a development plan review for eight attached single-family residential units (three stories) on three lots at 2447 East University Drive, just east of the 101 freeway. - Project Details: The site is currently vacant, zoned R-2, with surrounding single-family homes (R1-6). The applicant seeks to increase density from 10 to 13 dwelling units per acre (from 6 to 8 units) via the PAD overlay. The design includes four buildings (two duplexes each) with sloped roofs, brick bases, stucco upper floors, and standing-seam metal roofs. Parking: each unit has a two-car garage, plus four guest spaces. A dog park and mail kiosk are included. - Neighbor Concerns: A neighborhood meeting in March raised concerns about privacy from south-facing third-floor windows. The applicant responded by recessing windows two feet and adding privacy screens and mature landscaping (Chinese elms and Swan Hill olive trees) along the south property line. Some neighbors also preferred a more traditional design and expressed concerns about gentrification. - Staff Position: Senior Planner Diana Kaminsky recommended approval with conditions. The applicant agreed to all conditions; no additional special conditions were proposed by staff. - Commission Discussion: Commissioner Lloyd complimented the design and materials. The commission asked about patio wall enclosures between the two middle south units; staff clarified that the applicant would add a fence to create private backyards. A condition was added to that effect. - Vote: Motion to approve PL230035 as presented, with the added condition for the patio wall fence, passed 7-0. The DRC's approval is a recommendation to City Council. Key Outcomes - Approved Consents: Both Bonfire Craft Kitchen and Tap House and Rio 2100 Residences were approved on consent (7-0). - 16 East University: Approved with two added conditions for contrasting reveals on gray EFIS and a pre-construction mock-up (7-0). Scheduled for City Council on April 20, 2023. - Vedana Tempe: Recommended for approval to City Council with condition for patio wall at south units (7-0). - Other: Commissioner announcements noted the Boards and Commissions event on May 13, 2023 at the Omni Hotel. Meeting adjourned.

The Development Review Commission (DRC) held a public hearing on March 28, 2023, at 6:00 p.m. (approximate start time from transcript) to consider several land use applications, including setback reductions, a compliance review for a vehicle rental business, and a major mixed-use high-rise project. The meeting included consent calendar approvals, significant public testimony, and votes on key items. Consent Calendar - Item 4 – Underwood Residence (street side setback reduction from 10 ft to 8 ft) and Item 5 – The River Massage (use permit for massage establishment) were approved unanimously (7-0) as part of a single consent motion. Public Comments & Testimony - Terry Natty (business owner on Smith Road) testified against UCars (Item 7) , stating the company had repeatedly violated conditions of approval by allowing rental vehicles to park on the street. He reported that from January 3 to February 8, 2023, an average of 44.6 cars per day believed to belong to UCars were parked on the road. He noted that as of March 21–28, 2023, between 9 and 21 such cars were observed on one side of the road. He argued that the cars are a safety hazard and urged the commission to revoke the use permit or require vehicle badging. He expressed skepticism about the applicant’s promises of future compliance, stating, “The road to hell is paved with good intentions.” Discussion Items Item 3 – Schember Residence (Setback Reduction) - Applicant: Kendall Baxley (Designitechs LLC) and Mike Shember (homeowner). - Proposal: Construct a 1,434 sq ft attached four-car tandem garage (RV and standard) with a 16-ft ceiling height, requiring a 20% rear yard setback reduction from 35 ft to 28 ft. The property is at 1068 East El Freda Road in Buena Vista Rancho. - Staff Report (Lily Drosos): The existing home is 3,287 sq ft. The rear property line is 10 ft into a 20-ft equestrian easement; setbacks are measured from the center of the easement. The applicant met all other code requirements. - Commission Discussion: Commissioner Schwartz asked about the square footage discrepancy (staff had listed 1,034 sq ft, but applicant clarified 1,434 sq ft). Commissioner Schwartz later voted against the motion. - Vote: Approved 6-1, with Commissioner Schwartz dissenting. Item 7 – UCars Compliance Review (Use Permit for Vehicle Rentals) - Background: UCars (640 South Smith Road) received a use permit on December 13, 2022, with conditions including no parking on streets or front yard areas. The permit required a return to the DRC after three months to review compliance. The lease runs through 2024 or 2025. - Applicant Update (Merrick Foss, Guidant Law): The company has leased additional storage lots (Mako and another 80-car lot) and signed a new lease in a different city (not disclosed) with a commencement date of April 1, 2023. UCars began moving cars on March 25, 2023. He acknowledged that up to 106 cars were on the street on the worst day but said numbers dropped to the 20s after mid-January. He stated that during April, employee cars will remain because the business will still operate at the Smith Road site for repairs until the new location is fully functional (by May 1, 2023). Employee count will drop from 20 to 8–10. - Staff Report (Lily Drosos): Since the December 2022 hearing, city staff received regular complaints from adjacent businesses with photos showing violations. The police department logged 25 calls, and code compliance conducted 10 inspections. A citation was issued on January 31, 2023, but violations continued. A petition to install permanent no-parking signs on Smith Road (7 a.m. to 5 p.m., Monday–Friday) received 77.4% support (24 of 31 properties). The Transportation Department will install signs in a few weeks. The long-term Smith Road streetscape project will include no-parking signs on both sides due to bike lanes. - Public Comment: Terry Natty (see above) urged revocation or additional conditions such as vehicle badging. - Commission Discussion: Commissioners noted that conditions 4 and 5 (no street parking) were clearly violated. Commissioner Lloyd suggested a 60-90 day review period. Vice Chair Johnson expressed distrust due to prior promises. Commissioner Spears noted that the use permit may become unnecessary if UCars stops rentals. Chair D. Domenico proposed directing staff to initiate a revocation process (30-day notice, consultation meeting) rather than wait for compliance. The applicant objected, stating the use permit is still needed for occasional loaner vehicles. Commissioners clarified they are not seeking immediate revocation but are starting the process to review compliance. - Vote: Motion to direct staff to review compliance with conditions of approval (including consultation meeting) passed 7-0. Item 8 – 16 East University Drive (Mixed-Use High-Rise) - Applicant: Darren Sender (Sender Associates), Julie Kerber (C Ventures), and architect Mark Oberholzer. - Proposal: A 25-story, 270-ft-tall building with 453 dwelling units (studio, 1BR, 2BR) at 676 dwelling units per acre, 3,800 sq ft of retail, and 12 EV charging stations. Requests include a Planned Area Development (PAD) overlay to modify height (CC district allows 50 ft), a use permit for 13 tandem parking spaces (40 total tandem spaces – 20 pairs, of which 13 count toward the required parking), and Development Plan Review (DPR). The site is 0.67 acres at 16 East University Drive, east of Mill Avenue. - Design Highlights: The architect emphasized a horizontal massing with three stacked blocks, a bio-swale along University, a pedestrian-friendly lobby, and a metal-clad parking podium (changed from EFIS to metal after staff input). The exterior material palette uses cool blue-green tones (described as “water colors”). The building has 43% EFIS (reduced from 68% earlier), with metal panels on the lower eight floors and other areas. The applicant requested flexibility on conditions regarding EFIS, patios, and interior sound transmission (STC 55 vs. 50). Staff recommended conditions including reducing EFIS on gray elevations, adding two balconies per floor on the east elevation, and ensuring street trees are planted in the ground. - Neighborhood Meeting: Attendees from Mirabella expressed concerns about noise from Shady Park, lack of underground parking, and solid waste storage. The adjacent Weston hotel expressed full support. - Commission Discussion: Commissioners Spears and Cassano opposed the project, citing over-development, loss of sunlight, and excessive height. Commissioners Lloyd and Vice Chair Johnson supported the design but sought improvements on materials. Chair D. Domenico praised the pedestrian level but found the EFIS amount inappropriate for a gateway site. The applicant offered to replace the three-sided gray EFIS block (second from top on south, east, and west) with metal panels. Commissioner Spears moved to continue the DPR item to the April 11, 2023 meeting to allow the applicant to present revised drawings. - Vote on PAD and Use Permit: Approved 5-2 (Commissioners Spears and Cassano dissenting). - Vote on DPR: Unanimous (7-0) to continue to April 11, 2023. Key Outcomes - Consent Calendar: Items 4 and 5 approved 7-0. - Item 3 (Schember Residence): Use permit for setback reduction approved 6-1. - Item 7 (UCars): Commission directed staff to begin compliance review (consultation meeting and 30-day cure period), effectively starting the revocation process; motion passed 7-0. - Item 8 (16 East University): PAD and use permit for tandem parking approved 5-2. Development Plan Review continued to the April 11, 2023 regular meeting. - Other: The next DRC meeting is scheduled for April 11, 2023, with three new items (Bonfire Craft Kitchen, Rio 2100, and Vadana Tempe).

The Development Review Commission met on March 14, 2023, at 2:00 PM (local time) to consider two agenda items. Both items were placed on the consent agenda and approved unanimously without public comment or discussion. Consent Calendar - Item 1 (PL220357): Request a Use Permit to allow two (2) required parking spaces within the front yard setback for Cazier Residence, 1969 East Duke Drive. Applicant: Joseph Cazier. - Item 2 (PL220301): Request a General Plan Density Map Amendment from “Medium Density (up to 15 du/ac)” to “Medium to High Density (up to 25 du/ac)”, a Zoning Map Amendment from GID to MU-4, a Planned Area Development Overlay to establish development standards, and a Development Plan Review for a mixed-use development (IDM Fountainhead) at 2750 South Priest Drive, consisting of a new 5‑story residential development with 566 dwelling units and an existing office complex of four buildings and two parking structures. Applicant: Berry Riddell, LLC. Public Comments & Testimony - No members of the public appeared in person or online to comment. The chair closed public comment before moving to the consent agenda. Discussion Items - No discussion occurred on either agenda item. The chair noted that after analysis in study session, both cases were proposed for the consent agenda, meaning no presentation by the applicant or staff would be given. Key Outcomes - Motion and Vote: Vice Chair Andrew Johnson moved for approval of the consent agenda; Commissioner Barbara Lloyd seconded. The motion carried unanimously (7–0). - Next Steps: Both items are approved as part of the consent agenda. (The commission has recommendatory power for some actions and final decision power for others; the nature of finality for each item is specified in the agenda, but no appeal or further referral was announced.) Commissioner Announcements - Commissioner Joe Forte: Announced a cleanup event at Hayden Butte Mountain this Saturday and another at Tempe Town Lake Northside two Saturdays from now. Information available at KeepTempeBeautiful.org. - Commissioner Linda Spears: Announced the Tempe Community Action Agency’s upcoming fundraiser event on Friday, April 14, 2023, and directed attendees to TempeAction.org for tickets. - Chair Mike Dominico: Announced a first‑time LPGA golf event sponsored by the Tempe Diablos organization, benefiting children’s and education‑based charities in Tempe. The event will be held March 23–26, 2023, at Superstition Mountain Golf Course. Tickets ($40) available at TempeDiablos.org or from the LPGA. Next Meeting Preview - Chair Mike Dominico read the draft agenda for the March 28, 2023 DRC hearing, which includes: - Use permit for a rear yard setback reduction (Shember residence). - Use permit for a street side setback reduction (Underwood residence). - Use permit for a massage establishment (River Massage). - Review for compliance of conditions for a vehicle rental sales use (U Cars). - Planned area development overlay for increased building heights, use permit for tandem parking, and new development plan for a 25‑story mixed‑use development (453 units with commercial uses) at 16 East University Drive. - The meeting was adjourned at approximately 2:10 PM (local time).

The Development Review Commission held a public hearing on February 28, 2023, starting at 1:00 PM (MST). The meeting covered approval of previous meeting minutes, a consent agenda with three routine items, a contested use permit for an 80-foot wireless telecommunications tower, and a use permit for a private middle school. Key decisions included denial of the cell tower (6-1) and approval of the school (7-0) with added noise mitigation conditions. Consent Calendar - Approval of Minutes (January 24, 2023): The study session and regular meeting minutes were approved with a name spelling correction. Vote: 6-0 (one commissioner abstained for not being present at the January meeting). - Consent Agenda (Items 4, 6, 7): Unanimous approval (7-0) of: - Fenlason Residence (second story addition and parking setback variance) - Gans Residence (up to 10 chickens) - Krispy Kreme/El Pollo Loco (amended PAD and two drive-through restaurants) Public Comments & Testimony - Item 3 (Crown Castle Cell Tower): Four comment cards and six live speakers (including Catherine Rosario, Mark Bach, Rachel Johnson, Julia Rice, Thomas Catlaw, and Gigi Seeger) all opposed the proposed 80-foot monoelm at Desert Palm Church. Speakers cited: - Property value decreases of 2.65%–20% according to various studies - Health concerns from radio frequency exposure - Visual blight and incompatibility with the one-story neighborhood - Objections to Crown Castle’s business decision to leave Marcos De Niza High School due to lease disputes - A petition with 38 signatures and an HOA’s formal opposition - Item 5 (Lead AZ Schools): One speaker, Byron Torgerson (adjacent business owner), expressed concerns about: - Noise from a video game area and lunchroom sharing a wall with his engineering firm - Parking conflicts and safety issues from nearby transient activity and a mental health facility - Inconsistent depiction of drop-off routes and parking on the site plan Discussion Items - Item 3 – Crown Castle 80-Foot Monoelm (1230 E Guadalupe Rd): - Applicant: Crown Castle sought a use permit to replace a T-Mobile site at Marcos De Niza High School (lease expiring 2023) with a co-locatable monoelm on church property. The 80-foot height matches the existing school light pole. Staff recommended approval with conditions including 19 Chinese elms along the north property line and 14 street trees. - Commission Debate: Commissioners discussed whether the proposal met use permit criteria (especially compatibility and avoidance of neighborhood deterioration). Some argued the fake elm was incompatible with the surrounding single-story homes and that the existing school site offered better buffering. Others noted the need for coverage and that the design met code setbacks (182 ft from residential to north, 405 ft from condos to east). - Vote: Motion to approve failed 6-1 (Commissioner Spears in favor). Motion to deny passed 6-1 (Commissioner Spears dissenting). The decision is appealable to City Council within 14 calendar days. - Item 5 – Lead AZ Schools Private Middle School (1602 S Priest Dr): - Applicant: Lead AZ Schools proposed a 35-student private middle school in an existing office/industrial suite. Staff recommended approval with conditions: update parking model, replace landscaping, and provide bike racks outside landscape areas. No outdoor play areas; all activities indoors. - Commission Debate: Public testimony raised noise and parking concerns. The applicant agreed to relocate the video game room to the north side of the suite (away from the adjacent tenant) and to add 5/8-inch acoustical board on the south wall to achieve an STC rating of 55. - Vote: Approved 7-0 with the added noise mitigation conditions. Key Outcomes - Item 3 Denied (6-1): The cell tower use permit was denied. Crown Castle or other aggrieved parties have 14 days to appeal to the City Council. - Item 5 Approved (7-0): The middle school use permit was approved with additional conditions requiring relocation of the video game room and soundproofing of the south wall. - Staff Announcement: Senior Planner Lee Jimenez announced his departure from the City of Tempe after seven years; his last DRC meeting was February 28, 2023. He will join the Flood Control District as a project manager.

The Development Review Commission (DRC) met on February 14, 2023, to consider a consent agenda (minutes and street renaming), a use permit for a tobacco retailer, and a major mixed-use affordable housing development. The commission approved all items with votes, including a 5-2 approval for the tobacco retailer and a unanimous recommendation for the housing project. Consent Calendar - Minutes: Approved the January 10, 2023 study session and regular meeting minutes (5-0, with two abstentions from alternate commissioners not present). - Street Renaming: Approved the renaming of West Laird Street to Romo-Jones Street, East Laird Street to Ragsdale Obregon Street, and Hudson Lane to Thomas Lane (7-0). Public Comments & Testimony - Item 4 (Stogies tobacco retailer): Multiple speakers opposed, including Jonathan Wren (16-year-old resident describing personal addiction), Leah McKinnon (high school principal citing proximity to school bus stops and public health data), Joe Yuhaz (Campaign for Tobacco-Free Kids, noting 54% of Tempe's 153 tobacco retailers had been cited for selling to minors), Brendan McKernan (neighbor), and Lucy Logan (longtime resident). Supporters were noted in written comments (14 in support, 22 in opposition). - Item 5 (La Victoria Commons): David Sokolowski advocated for higher density near light rail to meet affordable housing needs. Sam Hanna, owner of adjacent property, expressed support but raised concerns about the transition from five-story to single-family homes and the existing sewer easement. Discussion Items - Item 4: Use Permit for Stogies (Tobacco Retailer) – 925 West Baseline Road. Applicant Peter Dahabra described a high-end cigar and tobacco shop with mandatory ID scanning for all purchases, no indoor smoking, and no underage sales. Staff recommended approval with conditions, including a six-month compliance review after opening. Commissioners debated the legality of tobacco sales and the applicant's strong track record of no citations in California. The motion passed 5-2, with Commissioners Lloyd and Redmond opposing. - Item 5: La Victoria Commons – 2320 East Apache Boulevard. A proposal by COPA Health (nonprofit serving people with disabilities) and Newtown CDC for a five-story building with 104 affordable rental units (30% reserved for COPA members, 70% for general low-income households) and 19 for-sale townhomes (one- and two-story). The project required General Plan amendments (from Residential to Mixed Use, and density map changes), zoning map amendments (to MU-4 TOD PAD and R1-PAD), and a new Planned Area Development Overlay. Staff noted 24 public comments in support, one letter of concern about density and sewer lines. The commission unanimously approved the recommendation to City Council, with conditions including a two-year deadline for the development plan review and a final parking analysis. Key Outcomes - Stogies Use Permit: Approved 5-2 (Lloyd, Redmond opposed). Applicant must return for a compliance review six months after opening. - La Victoria Commons: Unanimously recommended to City Council. The project will be heard at City Council on March 2 and March 16, 2023, to align with Low-Income Housing Tax Credit application deadlines. - Commission Announcements: Staff member Siparna Dasgupta was recognized for her service on her last DRC meeting.

The Tempe Board of Adjustment met on January 25, 2023, at 1:00 PM (evening session). The meeting began with the announcement of the election of Richard Watson as Chair and Jack Confer as Vice Chair, conducted in a prior study session. The board then approved the minutes from December 14, 2022, and heard an appeal from William Gay regarding a hearing officer's decision to authorize a 180-day open abatement at his property at 625 West 3rd Street. Consent Calendar - Election of Chair and Vice Chair: Richard Watson was elected Chair and Jack Confer was elected Vice Chair during a study session prior to the meeting, announced by Principal Planner Steve Abraham. - Approval of Meeting Minutes: The Board voted 4-0 to approve the minutes of the December 14, 2022, meeting. Public Comments & Testimony - William Gay (Appellant): Mr. Gay, the property owner at 625 West 3rd Street, argued that the proposed abatement cost of $18,000 was excessive. He stated that the front yard had been cleared and vehicle registration issues resolved. He claimed the backyard is not visible from public view and that the materials present are construction supplies for building a shed. He expressed frustration with the city's code compliance process, alleging collusion between staff and the hearing officer. - Robert Jones (Mesa, Arizona): Speaking on behalf of Mr. Gay, Mr. Jones noted that Mr. Gay has made significant progress in cleaning the property and that neighbors have not raised concerns. He stated that the situation has been ongoing for an extended period. Discussion Items - Appeal of Hearing Officer’s Decision (PL220354/CE223306): The board considered the appeal of the December 6, 2022, hearing officer’s approval of a 180-day open abatement for the Gay residence. Planner Lily Drosos summarized the case: complaints were received, a citation issued, and no contact from the property owner at the hearing officer meeting. Code Compliance Manager Drew Yochum confirmed that the abatement cost should be reduced due to the front yard cleanup, but the exact amount would be determined on-site. - Board members discussed the cost, the inability to modify the hearing officer’s decision (only to approve or deny the appeal), and the administrative fee. Board Member Keggy supported the hearing officer’s decision, noting the city’s responsibility to address complaints. Board Member Morrow expressed concern about the high cost and potential to waive the 15% administrative fee, but staff clarified that such fees are set by ordinance and cannot be waived. Board Member Confer acknowledged Mr. Gay’s progress but noted the prolonged non-compliance. Key Outcomes - Vote on Appeal: The Board voted 6-1 to deny the appeal (Board Member Morrow was the sole dissent), thereby upholding the hearing officer’s decision to approve the 180-day open abatement. The abatement will proceed after a 14-day appeal period, with the actual cost adjusted based on the current condition of the property. - Next Meeting: The Chair announced there will be no meeting in February 2023; the next potential meeting is in March 2023.

The Development Review Commission held a regular evening meeting on January 24, 2023, to consider a consent agenda and a major upzoning request for the Apache Central site. The commission approved consent items unanimously and, after public comment and deliberation, voted 4-3 to recommend approval of the zoning changes for three city-owned parcels. Consent Calendar - Item 3: Approved a Development Plan Review for a 12,000 sq ft building addition to Watermark at 430 North Scottsdale Road (applicant: ITR Investment Group). - Item 4: Approved a Use Permit for a 20% reduction in rear yard setback (35 ft to 28 ft) for the Keller Residence at 2029 East Caroline Lane (applicant: Dahlman Construction). - Item 5: Approved a Use Permit for a 20% reduction in side yard setback (7 ft to 5 ft 7 in) for the Barrett Residence at 1405 East Chilton Drive (applicant: Effie Barrett). Public Comments & Testimony - Written comments read into record: - Charles Bus (Tempe resident) urged careful consideration of density adjacent to single-family neighborhoods, especially the Food City parcel next to Tomlinson Estates Historic District, and suggested lower heights near the neighborhood and higher density along Apache Boulevard. - Greg Gendracina (adjacent property owner) expressed dissatisfaction, stating the city ignored concerns from a November 7, 2022 neighborhood meeting, and requested downgrading from MU-4 to MU-3 (25 du/ac) to reduce negative impacts. - CVAC (Citizens for White Brandon Apache Corridor) submitted a letter supporting the rezoning, citing benefits of added density to attract development, provide affordable/workforce housing, and bring a grocery store to a food desert. - Oral comment – Alan Flory (Tempe resident, property on Hall Street): Expressed concern about density and height adjacent to his backyard (directly abutting Food City parcel). He supported affordable housing and a grocery store but requested lower density and appropriate buffering to protect the historic neighborhood. He noted the parking lot is already 5 ft higher than adjacent yards, and additional stories would worsen privacy. Discussion Items - Item 6 – Apache Central (PL220259): City staff (Maria Lochner, Economic Development) presented a request for: - General Plan Land Use Map amendment from "Educational" or "Residential" to "Mixed-Use" on three parcels totaling 8 acres (Lemon Lot, Dorsey Lot, Apache Central/Food City site). - General Plan Density Map amendment from "Medium to High Density" (up to 25 du/ac) to "High Density" (up to 65 du/ac). - Zoning Map amendments to MU-4 TOD (Mixed-Use, up to 65 du/ac). - Staff explained the city plans to issue an RFP for mixed-use development with a minimum of 50% affordable housing and a grocery store to address the food desert. To address neighborhood concerns, the city proposed voluntary caps: density not to exceed 400 units (vs. 520 allowed at 65 du/ac) and height not to exceed 5 stories. No specific project was attached; future site plan review (PAD/DPR) would come before the commission. - Commissioner Spears expressed major concerns, calling it a "blank check" and noting the city typically does RFPs before rezoning. She opposed the request. - Commissioner Miller shared concerns about three separate parcels and suggested treating the Lemon Lot separately for higher density while capping the other parcels near the historic district. - Commissioner Lloyd supported the approach, noting the city can mandate conditions in the RFP and the process provides opportunities for future scrutiny. Commissioner Cassano emphasized future review of site design. - Staff clarified the rezoning would sunset after two years if no development applications are filed. The city cannot sell the property without a public process. Key Outcomes - Motion (by Commissioner Cassano, seconded by Commissioner Lloyd) to approve Item 6 (Apache Central rezoning) passed 4-3. - Next steps: The case will go to City Council for public hearings on February 16, 2023 and March 2, 2023. The RFP is expected to be issued in February 2023 with a 60-day response period. - Commission announcements: A clean-up event at Tempe Town Lake was noted. - Staff announcements: The next meeting will be February 14, 2023, with a study session on the "Minima" mixed-use project and a regular agenda including a tobacco retailer use permit and the "La Victoria Commons" affordable housing development.

The Development Review Commission (DRC) held a public hearing on January 10, 2023, at 1:15 PM (MST) to consider several development applications. The meeting began with approval of minutes from November 15, 2022, followed by a consent agenda covering four items. Three items received individual hearings: Roosevelt 11 Homes (item 3), The Chill Room (item 6), and Curry Road Apartments (item 9). All applications were approved with varying vote tallies. Consent Calendar - Apache River Apartments (Item 4): Use permit for residential in CSS zone and development plan review for a three-story, 15-unit multi-family development at 1292 South River Drive. Approved unanimously as part of the consent agenda. - El Dorado 4 (Item 5): Use permit to reduce front yard setback from 20’ to 16’ in R-4 district for a three-story, four-unit single-family development at 1964 East Don Carlos Avenue. Approved unanimously. - Sheppard Residence (Item 7): Use permit to reduce side yard setback from 10’ to 8’ and allow parking in front yard setback at 936 East Weber Drive. Approved unanimously. - Goldwater Tap House (Item 8): Use permit to allow a bar at 9895 South Priest Drive, Suite 102. Approved unanimously. Public Comments & Testimony No members of the public spoke on any agenda item. Only applicant teams and staff presented. Discussion Items - Roosevelt 11 Homes (Item 3): Request for Development Plan Review for a two-story single-family development of 11 dwelling units on 0.56 acres at 606 South Roosevelt Street. The applicant, Palmer Architects Ltd., presented 11 three-bedroom, 2.5-bath units with two-car garages, 25 parking spaces (22 required), and roof decks. Commissioner Spears expressed concerns about parking adequacy (three guest spaces for 11 units) and the monolithic design along 7th Street. Staff recommended approval subject to conditions. Vote: 6-1 (Commissioner Spears dissenting). - The Chill Room (Item 6): Two separate use permits: (a) Tobacco Retail Use and (b) Live Entertainment for a Kava lounge at 1320 East Broadway Road, Suite 108. The applicant, Sal Cartagine, described the lounge as a non-alcoholic social venue with a separate 300 sq. ft. vape shop for patrons 21+. Commissioners questioned the tobacco retail component, especially potential vape bans and youth access. The applicant noted vape sales are a small revenue portion and that ventilation would be addressed. Hours proposed: weekdays 10 AM–midnight, weekends until 2 AM with music ending by midnight. Vote: Live entertainment permit approved 7-0; tobacco retail use permit approved 5-2 (Commissioners Schwartz and Spears dissenting). - Curry Road Apartments (Item 9): Multiple requests for a 6-story mixed-use development at 1043 East Curry Road: General Plan Density Map Amendment (from medium-high to high density, up to 65 du/ac), Zoning Map Amendment (GID to MU-4), Planned Area Development Overlay, Use Permit for tandem parking, and Development Plan Review. The project proposes 343 dwelling units, 5,900 sq. ft. of commercial (9 live-work units), five- and six-story buildings along Curry, and a four-story building on Gilbert Drive. Design improvements from a prior study session included additional awnings, masonry, vertical elements, and a pedestrian paseo through the county island. Staff supported the changes. Vote: 7-0. Key Outcomes - Minutes Approved: Study session and regular meeting minutes of November 15, 2022, approved 5-0 (Chairman Domenico and Vice Chair Johnson abstained due to non-attendance). - Consent Agenda Approved: Items 4, 5, 7, 8 approved 7-0. - Roosevelt 11 Homes (PL220141): Approved 6-1, with Commissioner Spears in dissent. - The Chill Room (PL220313): Live entertainment permit approved 7-0; tobacco retail use permit approved 5-2 (Schwartz and Spears dissenting). - Curry Road Apartments (PL220211): All associated requests (general plan amendment, zoning amendment, PAD, use permit for tandem parking, development plan review) approved 7-0. - Next Meeting: Scheduled for January 24, 2023, at 1:15 PM.

The City of Tempe Board of Adjustment held a formal meeting on December 14, 2022, at 1:15 PM. The board, with a reduced quorum of five members (instead of the usual seven), considered four agenda items: approval of prior meeting minutes, an appeal of a hearing officer's abatement decision, and two variance requests for single-family residences. The meeting was chaired by David Lyon, whose term was expiring. Four affirmative votes were required for any motion due to the short board. No public comments were received. Consent Calendar - Meeting Minutes (September 28, 2022): The board approved the study session and formal meeting minutes from September 28, 2022, with four ayes, one abstention (Vice Chair Frazy), and one abstention (Board Member Siegel). The motion passed with the city attorney's office authorizing a substitute vote to reach quorum. Discussion Items - Appeal of the October 19, 2022 Hearing Officer’s Decision to Approve Abatement for the Davis Property (2923 South Albert Drive): - Applicant/Property Owner (John Davis): Mr. Davis, who stated he is disabled and suffers from depression, PTSD, and OCD, requested more time to clean up his property. He described medical setbacks and communication issues with Care 7 and Tempe Neighbors Helping Neighbors. He said he had hired workers and expected compliance by January 2023. He did not request a continuance after being informed of the board’s limited discretion. - City Staff (Lily Drosos, Planner; Drew Yocum, Code Compliance Administrator): Staff presented that the case began April 12, 2022, for junk, trash, debris, and deteriorating landscape. The hearing officer approved a 180-day open abatement on October 19, 2022. Staff noted that Care 7 had at least 30 contacts with Mr. Davis but the property’s condition was too severe for a referral to Tempe Neighbors Helping Neighbors. Staff had no recommendation. Photos taken the morning of the meeting showed minimal progress: the front yard was mowed but violations remained. - Community Development Director (Jeff Tamulevich): Clarified that the board’s role was to determine if the hearing officer’s decision was correct based on information available at that time, not on subsequent cleanup. - Board Deliberation: Board members expressed sympathy but found no basis to overturn the hearing officer’s decision. Board Member Kegey moved to deny the appeal, stating the hearing officer did not err. - Variance Request for Gipson Residence (2002 West Garden Drive): - Applicant (Darrell Jackson, on behalf of owner): Requested a reduction of the side yard setback from 10 feet to 6 feet in the R1-6 zoning district for an existing unfinished addition (363 sq. ft.). The property is on a corner lot with a wider street (33 ft vs. typical 25 ft). A prior variance had been granted in 2009 but expired due to contractor abandonment and owner financial hardship. The addition is needed for expanded family and care of grandchildren. - City Staff (Diana Kaminsky, Senior Planner): Recommended approval, noting the lot’s unique characteristics (wider right-of-way, adjacent industrial office). The neighborhood meeting on November 14 had two attendees, both supportive. No public concerns were received. Staff proposed the same conditions as in 2009. - Board Action: Unanimously approved the variance (5-0). - Variance Request for Hladik Residence (8017 South College Avenue): - Applicant (Michael Hladik): Requested a reduction of the street side yard setback from 15 feet to 8 feet in the R1-10 zoning district to add a home office. The lot is irregularly shaped with a wider right-of-way (35 ft vs. 30 ft typical). He stated his wife works from home and they need space; neighborhood feedback was positive, with neighbors stating that the addition would raise property values. He initially uploaded a plan showing a 7-foot setback but corrected it to 8 feet. - City Staff (Steve Abramson, Principal Planner): Recommended approval, citing special circumstances (irregular lot shape, wider right-of-way). He noted a similar variance was approved for a nearby property at 531 East Secretariat Road. Three residents attended the neighborhood meeting and raised no objections. - Board Action: Unanimously approved the variance (5-0). Key Outcomes - Minutes Approved: The September 28, 2022 minutes were approved (4-0-2, with two abstentions). - Davis Property Appeal Denied: The board voted 5-0 to deny the appeal, thereby upholding the hearing officer’s decision approving a 180-day abatement (effective October 19, 2022, through approximately April 19, 2023). - Gipson Residence Variance Approved: Permitted a side yard setback reduction from 10 ft to 6 ft for an existing addition, with conditions from the 2009 approval. - Hladik Residence Variance Approved: Permitted a street side yard setback reduction from 15 ft to 8 ft for a new addition. - Board Membership Changes: Chair David Lyon and Vice Chair James Frazy termed out; Board Member Whitney Baker resigned. The next meeting is scheduled for January 25, 2023 (no cases set). The board recognized outgoing members for their service.