DRC_STAFF REPORT_BLACKROCKCAFE_011325.DOCX

PL250406 – BLACK ROCK CAFE 
Page 1
January 13, 2026
STAFF REPORT
BLACK ROCK CAFE (PL250406)
PROJECT DATA
Project Address
2030 East Elliot Road
Property Owner
TNSI Tempe lLC
Applicant
Michael Brake, Kahler Management Company, LLC
Zoning District
GID (General Industrial District) 
Gross / Net Site Area
1.22 acres
Total Building Area
5,322 s.f.
Vehicle Parking
60 spaces (59 min. required)
Bicycle Parking
4 spaces (4 min. required)
Hours of Operation
5:00 a.m. 7:00 p.m., Daily
COMMENTS:
The site is located approximately 336 feet east of the northeast corner of Shutterfly Way and Elliot 
Road. The lot is part of the Discovery Business Campus Planned Area Development, which extends 
from the Western Canal on the north to Elliot Road on the south and Country Club Way on the west to 
the Loop 101 Freeway on the east. To the south, across Elliot Road, is the ASU Research Park.  
Directly to the west are commercial uses such as a medical office, and restaurants. Farther west, 
across Country Club Way, is the Oasis at Anozira single-family subdivision.  To the north and east is 
surface parking and undeveloped land within the master planned area of the Discovery Business 
Campus. The former business on site had different hours of operation. The proposed new restaurant 
would use the south half of the building space and a second unspecified tenant would occupy the 
north half of the building. The hours of operation for the new café would start at 5:00 a.m. and end at 
7:00 p.m., expanding the drive through use earlier in the day. This expansion of use requires a new 
Use Permit.
Existing uses on the site include: restaurant building (unoccupied) with an existing drive through. 
The applicant is requesting the Development Review Commission take action on
ZUP250114
Use Permit to allow a drive-through for a restaurant use.
If site modifications are made, the applicant will need approval for a Development Plan Review.
PUBLIC INPUT
As of the completion of this report, staff has not received any input from the public.
  
USE PERMIT 
The proposed use requires a Use Permit to allow a drive-through for a restaurant use within the GID 
zoning. The existing building, formally Kneaders Bakery & Café, ceased operations on March 12,2025 
will be demised into two separate tenant areas, in which Black Rock Café will only occupy the south 
half as Tenant A. This would be the second Black Rock Café location in Tempe. The second suite 
does not have a specified tenant at this time.
The drive-through window and associated drive aisles exist and will be reused without modifications to 
the path or flow of vehicles. The restaurant will have vehicular access from two shared driveways on 
Elliot Road and another shared driveway on Shutterfly Way. Vehicles would enter the drive-through

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January 13, 2026
lane on the north side of the building, reach a menu board and call box to order, and circulate to the 
south to reach the pick-up window on the west side. Stacking distance for at least six cars is proposed 
between the menu board and pick-up window, with additional space behind the menu board.  
The suite’s net floor area is 5,322 square feet. The existing site consists of an outdoor patio with a 
shade canopy that will remain, an interior dining area, and an existing drive-through on the site. The 
applicant proposes modifying the interior to include interior seating for the coffee shop, a new barista 
area, and back-of-house storage/ware washing areas. Black Rock Café will primarily sell beverages 
and offer reheated sealed pastries.There are no current proposals to modify the building elevations. 
The drive-through window will operate with the same hours as the restaurant: 5 a.m. to 7 p.m., daily.
Section 6-308(E) Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic; the existing restaurant and drive-through 
will result in an increase in traffic; however, the existing roadways and on-site circulation can 
support the increased traffic generated by the proposed use. The existing vehicular access points 
and number of parking spaces should accommodate any temporary increase in traffic. This 
request is a continuation of a prior drive-through restaurant use with reduced hours of operations. 
There are no current proposals of site modifications. 
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions; while a drive-through restaurant does have the 
potential to generate odor and noise, the property is adjacent to an arterial street and over 300 feet 
away from the nearest residential use. The PAD was approved with the intent for the proposed 
use.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, 
which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or 
conservation as set forth in the city’s adopted plans or General Plan; the proposed use should not 
contribute to the deterioration of the neighborhood or downgrading of property values. The use is 
consistent with the objectives and policies of the General Plan and is consistent with the intent of 
the previously approved PAD to allow businesses in this portion of the campus to support the 
existing and proposed office and industrial developments elsewhere in the campus.
4.
Compatibility with existing surrounding structures and uses; the drive-through will not be in conflict 
with the structures or land uses adjacent to the site, which includes surface parking to the north 
and mixed commercial uses to the west. The site fronts an arterial street and is separated from the 
nearest residential land uses by two commercial lots.
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public; the drive-through use is not expected to have 
issues related to disruptive behavior.  Tempe Police Department have no record of calls at the 
existing Black Rock Café related to the business, nor at the prior Kneaders Bakery and Café. 
There were calls for service after the business was closed, as a vacant building, not related to the 
business. Police staff recommended not having public Wi-Fi (security password required), secured 
punch code bathrooms for customers and the possibility of adding security lighting for the new 
business if needed.
REASONS FOR APPROVAL :
Based on the information provided by the applicant, the public input received and the above analysis 
staff supports approval of the requested Use Permit. This request meets the required criteria and will 
conform to the conditions.
SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING 
NUMBERED CONDITIONS OF APPROVAL SHALL APPLY, BUT MAY BE AMENDED BY THE 
DECISION-MAKING BODY.

PL250406 – BLACK ROCK CAFE 
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January 13, 2026
CONDITION(S) OF APPROVAL:  (Non-standard conditions are identified in bold)
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
1.
The Use Permit is valid only after a Building Permit has been obtained, the required inspections 
have been completed and a Final Inspection has been passed. As part of the Building Permit 
process, on-site storm water retention may be required to be verified or accomplished on this Site. 
2.
The Use Permit is valid for the plans as submitted within this application. Any additions or 
modifications may be submitted for review during the building plan check process.
3.
Hours of operation to start no earlier than 5:00 a.m. end no later than 7:00 p.m. on a daily basis. 
4.
All rear exit doors require a security vision panel. Details to be approved through Building Safety 
Plan Review.
CODE/ORDINANCE REQUIREMENTS:
THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE 
PERTINENT TO THIS CASE. THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN 
OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST.
This approval for the Use Permit review did not include a comprehensive evaluation of the site for 
code compliance; the scope of approval is for the use permit only. The property owner should be 
aware of all city codes and zoning ordinances applicable to the property including maintenance and 
conformance with the codes. Below is a partial list of references provided to advise the owner of 
pertinent code requirements; this is not an exhaustive list. 
TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any 
application https://library.municode.com/az/tempe/codes/city_code 
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as a condition of approval but apply to any application.  To avoid unnecessary 
review time and reduce the potential for multiple plan check submittals, become familiar with the 
ZDC.  Access the ZDC through www.tempe.gov/zoning or purchase from Community Development.
BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, 
plumbing or structural tenant improvements that would require a building permit must obtain required 
permits.
ENGINEERING CODES: Any site modifications affecting utilities, retention or engineering code 
requirements must obtain required permits.
LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site 
features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not 
create glare and are full-cutoff fixtures. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH8_LI Any changes to lighting would require a minor Development 
Plan Review.

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January 13, 2026
LANDSCAPE: All landscape shall be maintained per the approved landscape plan for the site. 
Property owners are responsible to replace dead or missing plant material and to maintain all parking 
landscape islands, street front trees and ground covers, and perimeter planting materials. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH7_LAWA Any changes to landscape on site would require a 
minor Development Plan Review.
SIGNS: Separate plan review process is required for signs in accordance with requirements of ZDC 
Part 4 Chapter 9 (Signs).   Refer to www.tempe.gov/signs. 
USE PERMIT:

The Use Permit is valid for BLACK ROCK CAFE and may be transferable to successors in 
interest through an administrative review with the Community Development Director, or designee. 

The use permit approval shall be void if the use is not commenced or if an application for a building 
permit has not been submitted, whichever is applicable, within twelve (12) months after the use 
permit is granted or within the time stipulated by the decision-making body.

The decision-making body, upon finding that the applicant has not taken corrective actions to 
resolve issues related to the permit/approval and that a continuation of the permit/approval is not in 
the interest of the public health, safety and general welfare, can revoke the permit/approval after 
providing written notice of its intentions to the holder of the permit.

Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition 
of approval but will apply to any application. To avoid unnecessary review time and reduce the 
potential for multiple plan check submittals, become familiar with the ZDC. Access the ZDC 
through http://www.tempe.gov/zoning or purchase from Development Services.

Any intensification or expansion of use shall require a new Use Permit. 

All required permits and clearances shall be obtained from the Audit and Licensing Division of the 
City of Tempe prior to the Use Permit becoming effective. 

All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
POLICE DEPARTMENT SECURITY REQUIREMENTS: 

If the development includes a use listed in City Code Section 26-70(c), the Owner is required to 
prepare a security plan with the Police Department. The architect should be involved to verify any 
modification that would require design revisions. To avoid revisions to permitted construction 
documents, initial meetings with the Police Department regarding the security plan are 
recommended before building permits are issued. At a minimum, the Owner shall contact the 
Police Department to begin security plan process approximately eight weeks prior to receipt of 
certificate of occupancy.
HISTORY & FACTS:
September 27, 2011 Development Review Commission recommended approval for the request for 
DISCOVERY BUSINESS CAMPUS consisting of a Planned Area Development 
Overlay, Use Permits for Hotel and General Retail/Restaurant uses, and a 
Development Plan Review for this request.
October 20, 2011
City Council introduction and first public hearing for this request.
November 3, 2011
Original scheduled second hearing, continued by City Council to the November

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17th public hearing.
November 17, 2011
City Council approved DISCOVERY BUSINESS CAMPUS (PL110130) 
consisting of one (1) two-story office/industrial building,  one (1) four-story office 
building, one (1) five-story office building, one (1) six-story office building, one 
(1) eight-story office building, two (2) six-story hotels with a combined total of 
400 guest rooms, three (3) one-story restaurant/retail shop pads, one (1) three 
level parking structure, and eleven (11) existing industrial buildings with 
approximately 1,000,000 square feet of building area. The proposal has a total 
gross floor building area of approximately 2,580,000 square feet. The site is 
135.62 net acres in size and is located at 2100 East Elliot Road, in the GID, 
General Industrial District and within the General Industrial Overlay District. The 
request includes the following:
PAD11007 (ORDINANCE NO. 2011.47) – Planned Area Development Overlay 
modifying the general development standards for an increase in the maximum 
allowed building heights from 35 feet for Site #1 to 80 feet, for Site #2 to 80 feet, 
for Site #3 to 132 feet, and for Site #4 to 92 feet.
ZUP11063 – Use Permit request to allow hotel uses on Site #1 and Site #2.
ZUP11064 – Use Permit request to allow general retail/restaurant uses on Site 
#5.
DPR11122 – Development Plan Review including site plan, building elevations 
and landscape for Sites #3, #4, and #6.
April 9, 2013
Development Review Commission approved a site plan, landscape plan, and 
building elevations for Site 5, Parcel 1 (DPR12229) consisting of an approximate 
9,000 square foot, single-story multi-tenant commercial building.
July 22, 2014
Development Review Commission approved the Use Permit request for 
KNEADERS BAKERY & CAFÉ (PL140059) to allow a drive-through restaurant 
at 2030 East Elliot Road in the GID, General Industrial District. 
January 13, 2026
Development Review Commission is scheduled to hear this request for a Use 
Permit to allow a drive-through for a restaurant use.  
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 3-408, Drive-Through Facilities
Section 6-308, Use Permit