032426_REGULARMEETINGMINUTES.PDF

Minutes of the Regular Meeting of the Development Review Commission, of the City of Tempe, was held in Council Chambers 
31 East Fifth Street, Tempe, Arizona 
 
Present: 
City Staff Present: 
Chair Andrew Johnson 
Jeff Tamulevich, Director, Community Development 
Vice Chair Michelle Schwartz 
Ryan Levesque, Deputy Director, Community Development 
Commissioner Linda Spears 
Michelle Dahlke, Principal Planner 
Commissioner Joe Forte 
Chris Jasper, Senior Planner 
Commissioner Stefan Richter 
Robert Mansolillo, Senior Planner 
Alt Commissioner Robert Miller 
Whitney Mayfield, Planner 
 
Warren Rivera, Planner 
 
Joanna Barry, Administrative Assistant 
Absent: 
 
Commissioner Barbara Lloyd  
Commissioner Larry Tom  
Alt Commissioner Rhiannon Corbett 
Alt Commissioner Charles Redman 
 
 
 
 
1) CALL TO ORDER: Hearing convened at 6:03 p.m. and was called to order by Chair Johnson 
 
2) CONSIDERATION OF MEETING MINUTES: 
2A) Development Review Commission – Study Session 2/24/26 
2B) Development Review Commission – Regular Meeting 2/24/26 
 
Motion: Motion made by Commissioner Spears to approve Study Session minutes and Regular Meeting 
minutes for February 24, 2026 and seconded by Commissioner Richter.  
Ayes: Chair Johnson, Vice Chair Schwartz, Commissioners Spears, Forte, Richter, and Miller 
Nays: None 
Abstain: None 
Absent: Commissioners Lloyd and Tom 
 
Vote: Motion passes 6-0 
 
      
The following items were considered for Consent Agenda: 
 
4A) Request a Use Permit to allow two (2) required parking spaces within the front yard setback for ATKIN 
RESIDENCE located at 836 West Orion Street. The applicant is Michael Atkin. (PL250445) 
 
Minutes of the 
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4B) Request a Use Permit to allow one (1) required parking space within the front yard setback for RATZKEN 
RESIDENCE located at 1103 East Palmcroft Drive. The applicant is Etch Designs. (PL250450) 
 
4C) Request a Use Permit Standard to reduce the rear yard setback from 15 feet to 12 feet for WILSON ROW, 
located at 351 South Wilson Street. The applicant is Synectic Design. (PL260020) 
 
Motion: Motion made by Commissioner Richer to approve Consent Agenda and seconded by 
Commissioner Miller.  
Ayes: Chair Johnson, Vice Chair Schwartz, Commissioners Spears, Forte, Richter, and Miller 
Nays: None 
Abstain: None 
Absent: Commissioners Lloyd and Tom 
 
Vote: Motion passes 6-0 
 
 
The following items were considered for Public Hearing: 
 
4D) Request a Use Permit to allow a massage establishment in the CSS zoning district for MALEE SPA, located 
at 1646 North Scottsdale Road. The applicant is Cifuentes Studio LLC. (PL260052) 
 
PRESENTATION BY APPLICANT:  
Daniel Cifuentes, Cifuentes Studio, gave an overview of the request and stated that the owner, Mrs. 
Khenkhampheng, is a trained and licensed massage therapist in the State of Arizona.  He stated that there has been 
some concerns about massage spas, but that that they are confident that is not the case here. He stated this is a 
legal business and they are going through all the proper channels to get permitting, etc.  Mr. Cifuentes stated that 
Mrs. Khenkhampheng is also a member of that community/neighborhood.  He stated there will be four rooms at this 
location and the hours of operation will be seven days a week from 10:00 a.m. to 7:00 p.m.  Mr. Cifuentes stated that 
typically there will be 2-4 customers and that it is appointment based.   
 
PRESENTATION BY STAFF:  
Robert Mansolillo, Senior Planner, gave a brief overview of the request and advised that a background check will be 
conducted by the Tempe Police Department prior to the business opening. He stated that a neighborhood meeting 
was not required. Mr. Mansolillo stated that staff received one phone call from a resident expressing concern with the 
proposed use and 14 letters of opposition.  He went over the unique Conditions of Approval relating to the hours of 
operation and that the Use Permit is valid only upon receiving a valid massage license and other permits with the 
City.   
 
PUBLIC COMMENT:  
Lane Carraway, Tempe resident/Cavalier Hills neighborhood, stated that this project butts right up to their 
neighborhood.  He stated that he understands that a neighborhood meeting was not required, but that the owner did 
not make the effort to contact them.  Mr. Carraway stated that this shopping center has been plagued by drugs and 
prostitution for years   He stated there is so much conflicting knowledge regarding this project that they do not know 
where to go with it at this point except that they want it denied.  Mr. Carraway stated that if you want to have a 
secondary type of business in this neighborhood you need to get the approval of the citizens or at least contact them. 
 
Kathy Brand, Tempe resident/Cavalier Hills neighborhood, stated that the proposed tenant lives 0.09 miles from her 
home and one mile from the proposed spa.  She stated she has not been able to find their business registration in 
the Arizona Corporation Commission, California Secretary of State, or the massage license with the Arizona Board of 
Massage Therapy and that the owner’s email address appears to be for a personal account, not a company one.   
Ms. Brand stated that these missing registrations are concerning to her given the documented problem with illicit 
massage businesses and history of sex trafficking by them.  She stated that the Motel 6 is 220 feet from the

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proposed massage parlor and there is a lot of drugs and crime in the area.  Ms. Brand urged that proof of 
registration, proper licensing, and strong safeguards be required before any approval is granted. 
 
Nancy Baker, Tempe resident/Cavalier Hills neighborhood, stated that the priority for their neighborhood should be 
safety and family friendly businesses. She stated that a massage parlor erodes the efforts of neighborhood 
transformation and is not compatible with their community.  
 
Reed Kolstud, Chandler resident, stated that he and his wife own a massage parlor and that Mrs. Khenkhampheng, 
who they refer to as Lee, worked for them for two years.  He stated that she is a legitimate massage therapist and 
also works as a manager.  Mr. Kolstud stated that she not only knows massages, but she also knows the business 
side of it and wants to get her own place/business, so he is here in support of her request.  
 
APPLICANT RESPONSE: 
Mr. Cifuentes stated that as part of any new business coming into Tempe you must go through the business licensing 
department.  He stated that at that point they will have to provide all of the registration and business information and 
then a background check will be done, and the Tempe Police Department will go through all of the proper protocols.  
Mr. Cifuentes stated that there are checks and balances in the system to make sure it is a legitimate operation and 
that they do not have any questionable background problems.  
 
STAFF RESPONSE: 
Commissioner Spears referenced the concerns about potential illegal activity going on and asked if this is something 
that CPTED would be looking at. Mr. Mansolillo stated that CPTED reviewed the application packet and 
recommended some increased lighting around the doorways.  He stated they could do some follow up inspections 
and checkups if that is added as an additional Condition of Approval.  Commissioners Spears stated that she asked 
the question to specifically address some of the concerns and show that the police department is an active part of the 
review process and recommending what makes the area safe.  Mr. Mansolillo stated that he spoke with our CPTED 
representative, Shawn Dafarra, who provided him with a police department call log for the number of calls at this 
location.  He stated that since 2021 they had one call at the location that was at a former business where there were 
some employees having a dispute.  Mr. Mansolillo stated that Tempe Police make an effort to park in the plaza 
parking lot often as they were notified by north Tempe residents that they wanted more of a police presence to deter 
some of the criminal activity that goes on in the plaza. 
 
Chair Johnson asked who specifically the background checks are done on. After confirming with Community 
Development management, Michelle Dahlke, Principal Planner, stated that they are done on the owner and the initial 
list of massage therapists.  Chair Johnson asked if the business owner in this case is Lee and Mr. Mansolillo stated 
that was correct. Chair Johnson referenced the public speaker who had stated that they did some research and could 
not find any licenses and asked if that is something that is required up front by the City or if it is part of the review 
process.  Mr. Mansolillo stated that he believes that would be in reference to the State license and that it is not 
required for this request.  He stated that we have our City business license and that once an application is made then 
the police background check is initiated.  He stated that State licensing is a different process, and he does not 
believe that it is required up front for the Use Permit application or the City tax and licensing process.  Chair Johnson 
asked if there is a State regulation on this business and Mr. Mansolillo stated that they will need a State massage 
license. 
 
COMMENTS AND DISCUSSION FROM THE COMMISSION: 
Commissioner Forte stated that he reviewed all the input that the community shared and he understands all of the 
concerns.  He stated that he also reached out to Michelle Dahlke to get information from the City and that over the 
past seven years they have approved 35 of these Use Permits and have not had any complaints about them.  He 
stated that he believes this is a person who just wants to start a business and he will be in support of it.

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Chair Johnson stated that he has a former colleague who lives in the neighborhood and that there are a lot of 
passionate people that really love the neighborhood and there are some issues with things that are not the best thing 
to happen in neighborhoods in this general area.  He stated that this former colleague shared a lot of those thoughts 
and comments with him.  Chair Johnson referenced Commission Member Forte’s comment as it relates to massage 
establishments and stated that he has not received any feedback that would have a negative connotation for those 
kinds of businesses.  He stated that these requests come before the Commission quite frequently and he has not 
received feedback with those types of negative connotations. Chair Johnson stated that this specific use does not 
particularly have great concern for him for this 1,000-foot location within that strip mall. 
 
Motion: Motion made by Commissioner Richter to approve PL260052 and seconded by Commissioner 
Forte.  
Ayes: Chair Johnson, Vice Chair Schwartz, Commissioners Spears, Forte, Richter, and Miller 
Nays: None 
Abstain: None 
Absent: Commissioners Lloyd and Tom 
 
Vote: Motion passes 6-0 
 
 
5A) Request for a Zoning Map Amendment on a portion of a site from R/O to CSS to allow an event center 
within an existing office building on 1.51 acres for LUX HOLDINGS MDPP, located at 3910 South Rural Road. 
The applicant is Bryant Aplass. (PL250166) 
 
PRESENTATION BY APPLICANT:  
Adam Baugh, Withey Morris Baugh, gave an overview of the request and stated that the owner had a wedding event 
at the site but did not realize that the zoning did not allow it.  He stated that they were initially going to request a 
rezoning of the entire site, but that the commercial zoning might lead to something that is not compatible with the 
neighboring residents.  Mr. Baugh stated they decided to just limit the request to the courtyard and the north building. 
He stated there are two buildings on this property that are separated by open space.  Mr. Baugh stated that the 
venue space is only about 2,600 square feet and the courtyard is about 4,000 square feet.  He stated they are meant 
to be utilized during the off-peak time when the office is closed.  Mr. Baugh stated that they thought about the 
proximity to the homes along Hermosa and wanted to institute a policy and plan that helps maintain long term 
compatibility.  He stated that they have 70 plus parking spaces on the property and because events happen when the 
office is closed you are not fighting over an office and event venue at the same time.  Mr. Baugh stated that they will 
have a parking attendant on site for events to direct people to the right parking space to reduce on-street and offsite 
parking impacts.  He stated that they could also bring on a valet if necessary. Mr. Baugh stated there is also an 
opportunity for them to collaborate with the church next door if there is ever a need for overflow parking. He stated 
they will provide direct contact information, including cell and email, to the adjacent residents and have a proactive 
complaint response policy.  Mr. Baugh stated that the hours of operation would be 9:00 p.m. on weekdays and 10:00 
p.m. on weekends and that activity will be limited to the north buildings and internal courtyard.  He stated that there 
will be no activity outside of the building perimeter.  
 
Commissioner Forte asked if the wedding event that was referenced occurred in November since their report packet 
referenced an amplified sound issue.  Mr. Baugh stated that they did not have an event on the date referenced in that 
incident.  He stated that there is a student/coed house across the street that appears to fit a lot of people, so it is 
possible the noise came from them.  
 
Vice Chair Schwartz stated that she looked up this establishment online and noticed a couple of instances where it 
suggested there could be up to 500 plus people and some of her concern is the parking requirements in this 
neighborhood.  Mr. Baugh stated that their event website has been shut down since February 2025, after the City 
sent them a letter stating they could not do this.  He stated that what he suspects happened is that in the beginning 
they hired a lead generator to post things and those are the settings they selected but it was not websites they run.

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Mr. Baugh stated that he does not think they could have more than 100 people given the parking situation.  He stated 
they have had events with about 100 people and it worked out fine and stated that the key is coordination of the 
parking.  Mr. Baugh stated that they also must be sure that they do not exceed fire code standards.   
 
PRESENTATION BY STAFF:  
Chris Jasper, Senior Planner, stated that from an aerial view the site may appear to be one building, it is two discreet 
buildings separated by a breezeway and courtyard open space. He stated that the rezoning request will only 
incorporate the northernmost building and the majority of the R/O zoning will remain in place as a buffer for the 
single-family homes and adjoining park to the west. Mr. Jasper stated that there was some unpermitted modifications 
made to the courtyard space that will be addressed through a minor Development Plan Review (DPR), however that 
cannot take place until the rezoning is approved.  He stated that concurrently with the DPR is a shared parking 
analysis to request relief from standard parking obligations given the increase in intensity proposed by the 
conference event space.  Mr. Jasper provided examples of some other intentionally split-zoned lots within the City.  
 
Mr. Jasper stated that a neighborhood meeting was required and was held on July 28, 2025.  He stated that six 
residents attended the meeting and concerns were expressed about the uses allowed in the CSS zoning district and 
the future of the property, and questions related to the event center use.  Mr. Jasper stated that at that time the 
zoning district was going to be applied to the entirety of the site, however since then they have reduced that scope 
and the identified concerns with the future of the site if it were sold or opened up for future development.  He stated 
that there were some questions about the operational characteristics of the event center and that staff received one 
letter in opposition that identified concerns associated with noise.  Mr. Jasper stated that they worked with the Tempe 
Police and CPTED team to see if there were complaints associated with the event center.  He stated that most of the 
noise complaints in the area were not from this particular site, but rather from parties at individual residences.  
 
Chair Johnson noted that the applicant had mentioned some hours of operation to 9:00 p.m. or 10:00 p.m. but did not 
see them reflected in the Conditions of Approval.  Mr. Jasper stated that with rezoning applications we are limited in 
the use characteristics that we can identify as Conditions of Approval and cannot enforce specific land use 
regulations outside of the Use Permit process.  Chair Johnson asked if those could then not be added as Conditions 
of Approval and Mr. Jasper advised that was correct. 
 
Vice Chair Schwartz asked if additional permits are required for amplified outdoor sound under the CSS zoning.  Mr. 
Jasper stated that if there are any outdoor amplified sounds that conflict with our noise ordinance that they would 
have to receive approval through our special events task force.    
 
Commissioner Miller referenced the initial idea to rezone the entire building and courtyard that was pulled back and 
asked about the reason behind the decision.  Mr. Baugh stated that the fear was this could become something else 
besides an event center down the road, such as a drive-through or a hundred plus uses allowed in that zoning 
district. He stated they wanted to take that concern off the table by restricting it to this area.  Commissioner Miller 
asked if once they have done this one small part if there was a precedence to do the rest of it.  Mr. Baugh stated that 
if they cannot be good enough operators with this limited area he cannot see the City approving anything bigger 
down the road, but the concern is noted.  Mr. Jasper stated that this proposed rezoning was shared with various 
departments and divisions and there were a few who indicated some concern associated with a full rezone to allow 
higher intensity or more intense traffic uses particularly because of the turning movements on Hermosa southbound 
on Rural and going northbound on Rural turning into Hermosa.  He stated that was a consideration while evaluating 
the initial proposal and that after the scale back those concerns were mitigated. 
 
PUBLIC COMMENT: NONE 
 
COMMENTS AND DISCUSSION FROM THE COMMISSION: NONE 
 
Motion: Motion made by Commissioner Spears to approve PL250166 and seconded by Commissioner

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Richer.  
Ayes: Chair Johnson, Vice Chair Schwartz, Commissioners Spears, Forte, Richter, and Miller 
Nays: None 
Abstain: None 
Absent: Commissioners Lloyd and Tom 
 
Vote: Motion passes 6-0 
 
 
 
7) ANNOUNCMENTS AND MISCELLANEOUS 
 
7A) Commission Member Announcements: None 
  
7B) City Staff Announcements: None 
 
8) ADJOURNMENT: There being no further business the meeting adjourned at 6:57 p.m. 
 
 
 
Prepared by:  Joanna Barry, Administrative Assistant 
Reviewed by: Michelle Dahkle, Principal Planner