DRC_STAFF REPORT_LITTLE_QUAIL_051226.DOCX

PL260136 – LITTLE QUAIL 
Page 1
May 12, 2026
STAFF REPORT
LITTLE QUAIL (PL260136)
PROJECT DATA: 
Project Address
764 East Broadway Road, Suite 102
Property Owner(s) Current / 
Future
Venture on Broadway, LLC
Applicant
Architectural Collaborative Team, LLC
Zoning District 
(current/proposed)
CSS (Commercial Shopping and Services) 
Gross / Net Site Area
1.63 acres / 1.11 acres 
Total Building Area
4,170 s.f. 
Suite Area
1,428 s.f., 772 s.f. outdoor patio
Building Height(s) 
17’ (35’ maximum allowed)
Lot Coverage
16% (50% maximum allowed) 
Landscape Area
15% (15% minimum required)
Building Setbacks
73’ front, 201’ west side, 57’-3” east side, 20’-5” rear (0, 0, 0’, 10’ 
min.)
Vehicle Parking
44 spaces (46 minimum required for entire site with use of 
adaptive reuse standards on the east building)
Required Parking for Use
16 spaces required with adaptive reuse (Bar/Tavern Parking 
Ratio: 1/50 SF (Indoor), 1/150 SF (Outdoor))
Bicycle Parking
Hours of Operation
10 bicycle racks incorrectly installed (11 min. required)
2:00 pm to 10:00 pm Monday through Sunday
COMMENTS:
This site is located between McKemy Street to the west, Roosevelt Street to the east and on the north 
side of Broadway Road in the CSS zoning district. The site is surrounded by CSS-zoned properties 
and commercial uses to the east and west, MU-4 to the south across Broadway Road, and R-3 multi-
family use to the north across an alley. To the northwest is R-3 zoning, but the land use includes four 
single-family residences. Existing uses on the site include two drive-through restaurants; one at the 
west restaurant building and an additional one at the west end of the eastern multi-tenant building. 
The commercial building contains three suites, Dunkin’ Donuts in Suite 100, a proposed barber shop 
in Suite 101, and the proposed Little Quail in Suite 102. The applicant is proposing interior and exterior 
improvements for a wine bar and taproom with an adjacent outdoor patio. The hours of operation will 
be 2:00 pm to 10:00 pm Monday through Sunday and there will be three employees. The proposed 
use of a bar/tavern is allowed in the CSS Commercial Shopping and Service Zoning District, subject to 
a Use Permit.
SITE PLAN
The subject application is for the Use Permit to allow a bar/tavern in the CSS Zoning District; however, 
a Minor Development Plan Review will also be required to finalize the site and landscape plans and 
building elevations. A formal application for the Minor Development Plan Review has not been 
submitted as of the writing of this report. Two Preliminary Site Plan Reviews have occurred, one on 
February 4, 2026, and a second on April 15, 2026. Parking onsite was one of the main concerns of 
staff during these reviews, which is addressed below. Another concern was the configuration of the 
outdoor patio. The preliminary site plan provided in Exhibits 5-6 shows an outdoor patio that wraps 
around the front of the building and encroaches into the pedestrian walkway. Staff is requiring that 
portion of the patio south of the building wall be removed from future site plan submittals. Staff and the

PL260136 – LITTLE QUAIL 
Page 2
May 12, 2026
Tempe Police Department are also concerned with the proposed 9’ high metal screen fence that will 
separate the patio from the drive through lane to the north. The Tempe Police Department believes 
that this will create a space behind that wall that is not visible and will attract loitering and trespass 
issues. That area north of the patio may also become an area for outdoor storage, which would not be 
allowed. Staff have suggested redesigning the patio to be in a more north-south configuration to 
decrease the amount of hidden area behind a screen wall. Staff will continue to work with the applicant 
to resolve design issues during the Minor Development Plan Review process.
PARKING
Over the years there have been several modifications and approvals that have changed the western 
side of the lot, including parking variances to reduce required parking. Reductions in parking to bring 
spaces into ADA conformance are allowed and necessary. In 2015, the city requested modifications to 
a refuse enclosure on the west side of the site to mitigate existing circulation challenges. This request 
impacted the available parking for Burger Rush, providing 25 spaces on the Burger Rush portion of 
the lot with no changes to that building in use or size. The City adaptive reuse program allows 
conversion of older buildings to new uses with existing parking on site. The east building, where 
Dunkin’ Donuts is located, qualified for this program and only modified 14% of the total site area. In 
2021, the property owner removed an existing vacant building on the east portion of the property that 
required four spaces, providing on-site solid waste storage and removed the refuse enclosure on the 
east end of the alley. This was done in part at the request of the City Solid Waste Department and 
Police Department staff to address safety issues with this location. With removal of the third building, 
and allowance of the adaptive reuse application to the remaining building on the east side, it was 
determined that parking complied with the Zoning and Development Code using the adaptive reuse 
reductions for back of house uses as well as the change of ratio for restaurant uses. The total required 
spaces for the two remaining buildings containing three restaurants was 39 on site spaces. The 
applicant provided 44 spaces, while improving site circulation, safety and ADA accessibility. 
An outline of the parking history and analysis has been provided below and shows the parking 
evaluation used to determine parking for the Dunkin’ Donuts restaurant, located in the west end of the 
same building as Little Quail. The difference between the 2021 and 2026 submitted plans is that the 
second restaurant space, shown as 2,395 square feet in the 2021 submittal, is now a 684 square foot 
barber shop and a 1,428 square foot bar/tavern. Using the adaptive reuse reductions of removing the 
back of house, restrooms, and hallways for Little Quail leaves 800 square feet. Using the 1/50 square 
feet parking ratio for bar/tavern results in required parking of 16 spaces. The third suite in the 
commercial pad is proposed to be a 684 square foot barber shop, which will require 2 parking spaces. 
The change in use from a restaurant to a bar/tavern and barber shop will result in a 7-parking space 
increase, for a total of 46 spaces for the entire site. The site plan shows 44 total spaces on site.

PL260136 – LITTLE QUAIL 
Page 3
May 12, 2026
The applicant has provided a parking study outlining the code requirements and time of day parking 
demand. The parking study will be reviewed under a separate application process. The current Zoning 
and Development Code required parking ratio for Little Quail (bar/tavern, 1 space per 50 square feet) 
is higher than for a restaurant (1 space per 75 square feet), however, the hours where Little Quail and 
Dunkin’ Donuts are busiest do not overlap. Dunkin’ Donuts is open from 4:00 am to 8:00 pm every day 
and is busiest before noon with a majority of that being through the drive through. They do not typically 
have many customers parking and staying for extended periods of time in the restaurant. Little Quail 
will open at 2:00 pm and close at 10:00pm. Similar businesses in the area that have comparable hours 
of operation are busiest after 5:00 pm. Parking spaces that are used by Dunkin’ Donuts customers will 
be available when Little Quail is at their busiest. According to the parking study, the proposed 44 
parking spaces are anticipated to meet the parking needs of the site when accounting for the different 
parking activity patterns of the Tempe Retail Plaza.
The applicant is requesting the Development Review Commission take action on 
ZUP260044
Use Permit to allow a bar/tavern in the CSS zoning district.
For further processing, the applicant will need approval of a Minor Development Plan Review for site 
plan, landscape plan, and building elevation modifications to Suite 102 and Administrative approval for 
a Shared Parking Report. 
PUBLIC INPUT

Neighborhood meeting was not required
POLICE INPUT
The Tempe Police Department will require approval of a Security Plan.
USE PERMIT

PL260136 – LITTLE QUAIL 
Page 4
May 12, 2026
The proposed use requires a Use Permit to operate a bar/tavern CSS zoning district. The applicant is 
proposing a wine bar and taproom with an adjacent outdoor patio.
Section 6-308 E Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The current site has 44 parking spaces; 
this proposal is not providing any additional parking. The proposed use is a wine bar and taproom, 
which will have heavier traffic in the evening hours and will not be open during the peak time of 
Dunkin’ Donuts, which is in the morning. The size of the proposed bar/tavern is relatively small and 
is not anticipated to generate significant vehicular or pedestrian traffic beyond those of a typical 
bar or restaurant.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions. The addition of an outdoor patio on the east side of the 
building may increase noise. The applicant is proposing new landscaping and a fence on the north 
side, to shield any noise from the multi-family residential to the north. The height and material of 
that wall have not yet been determined and will be decided during the Minor Development Plan 
Review process. A condition has been added regarding hours of operation to prevent changes that 
might extend hours.
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, the 
proposed use is not 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 improvements to the 
site will help improve the appearance, safety, and activity on site and benefit the surrounding 
community. This meets the objectives of neighborhood revitalization and is a sustainable solution 
to redevelopment.
4.
Compatibility with existing surrounding structures and uses. Broadway road is a heavy commercial 
and industrial area, with several restaurants, bars, and other businesses of this scale and larger. 
The buildings are existing single-story structures and have a long history of use on this site. The 
use permit for a bar/tavern is compatible with the structures and uses on and around the site.
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 east and south sides of the building will 
have large roll-up doors which will provide employees with easier monitoring of activities on the 
patio and into the front parking lot. Security of the area north of the patio has been a concern 
raised by the Tempe Police Department and will be addressed in the Minor Development Plan 
Review process. Activation of the east end of the site may help mitigate loitering and provide 
additional surveillance and security of the area.
The manner of conduct and the building for the proposed use will not be detrimental to persons 
residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in 
general, and that the use will be in full conformity to any conditions, requirements or standards 
prescribed therefore by this code. 
Based on the information provided and the above analysis, staff recommends approval of the 
requested Use Permit. This request meets the required criteria and will conform to the conditions.
USE PERMIT CONDITIONS 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.

PL260136 – LITTLE QUAIL 
Page 5
May 12, 2026
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 Minor Development Plan Review process.
3.
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. 
4.
If there are any complaints arising from the Use Permit that are verified by a consensus of the 
complaining party and
the City Attorney’s office, the Use Permit will be reviewed by City staff to determine the need for a 
public hearing to reevaluate the appropriateness of the Use Permit, which may result in revocation 
of the Use Permit.
5.
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.
6.
All nonconforming building lighting shall be removed and replaced with compliant light fixtures. 
Details can be resolved during Building Safety Plan Review.
7.
Replace all dead or missing trees along the southwest corner street frontage; along with any other 
missing landscape material.
8.
Install bicycle parking racks per City of Tempe Public Works Department bicycle rack detail T-578 
standard. 
9.
Hours of operation to end no later than 10:00 p.m. on a daily basis. 
10. No outdoor live entertainment, speakers, or noise amplification shall be allowed on the 
patio area due to the close proximity of residential areas to the north.
11. The Use Permit is only valid after Administrative approval of a Shared Parking report.
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.

PL260136 – LITTLE QUAIL 
Page 6
May 12, 2026
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as conditions 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.
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.
USE PERMIT:

The Use Permit is valid for LITTLE QUAIL 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.

Any intensification or expansion of use shall require a new Use Permit.

All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
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. Any changes to lighting would require a minor Development 
Plan Review.
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. Any 
changes to landscape on site would require a minor Development Plan Review.
SITE PLAN REVIEW: Verify all comments by all departments on each Preliminary Site Plan Review. If 
questions arise related to specific comments, they should be directed to the appropriate department, 
and any necessary modifications coordinated with all concerned parties, prior to application for 
building permit.  Construction Documents submitted to the Building Safety Division will be reviewed by 
planning staff to ensure consistency with this Design Review approval prior to issuance of building 
permits.
BASIS OF BUILDING HEIGHT: Measure height of buildings from top of curb at a point adjacent to the 
center of the front property line.
WATER CONSERVATION AND EFFICIENCY: (Residential and parks are exempt, commercial and 
mixed use are not exempt). As required in Tempe City Code 33-140 - 142, all new non-residential 
development projects are required to submit a Water Conservation Report that details potential water 
use, for review and approval by the Municipal Utilities Department, prior to building permit issuance.  
For a report template and more information, visit the commercial water conservation webpage.
HISTORIC PRESERVATION: State and federal laws apply to the discovery of features or artifacts 
during site excavation (typically, the discovery of ancestral (human) remains or associated funerary 
objects). Arizona Revised Statutes § 41-865 stipulates that “any landowner with intention to disturb 
human remains or having unintentionally disturbed human remains shall immediately cease any 
activity in the vicinity of the remains and shall notify the Arizona State Museum Repatriation Office of

PL260136 – LITTLE QUAIL 
Page 7
May 12, 2026
the encounter. Any human remains and funerary objects shall not be further disturbed without 
obtaining written permission from the Repatriation Office.” Additional information about requirements 
related to encountering and disturbing ancestral (human) remains and funerary objects on private land 
can be found on the Arizona State Museum website. While not required, applicants are encouraged to 
enlist the services of a qualified archaeological firm to conduct monitoring during ground-disturbing 
activity on private property that is Archaeologically Sensitive (AS). Contact the Historic Preservation 
Officer with general questions.
POLICE DEPARTMENT SECURITY REQUIREMENTS: 

Refer to Tempe City Code Section 26-70 Security Plans.

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.

Provide a security vision panel at service and exit doors (except to rarely accessed equipment 
rooms) with a 3” wide, high strength plastic or laminated glass window, located between 43” and 
66” from the bottom edge of the door.
PARKING SPACES:

Verify conformance of accessible vehicle parking to the Americans with Disabilities Act and the 
Code of Federal Regulations Implementing the Act.  Refer to Building Safety ADA Accessible 
Parking Spaces Marking/Signage on Private Development details.

At parking areas, provide demarcated accessible aisle for disabled parking.  

Distribute bike parking areas nearest to main entrance(s).  Provide parking loop/rack per standard 
detail T-578.  Provide 15” by 6’-0” individual bicycle parking spaces.  One loop may be used to 
separate two bike parking spaces. Provide clearance between bike spaces and adjacent walkway 
to allow bike maneuvering in and out of space without interfering with pedestrians, landscape 
materials or vehicles nearby.
LIGHTING:

Plans shall include the nearest adjacent street lights to the development. Streetlights shall conform 
to the City of Tempe Public Works Standard Details and the Engineering Design Criteria Manual 
contained in the Comprehensive Transportation Plan

Design site security lighting in accordance with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan).

Indicate the location of all exterior light fixtures on the site, landscape and photometric plans.  
Avoid conflicts between lights and trees or other site features in order to maintain illumination 
levels for exterior lighting.
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.
DUST CONTROL: Any operation capable of generating dust, include, but not limited to, land clearing, 
earth moving, excavating, construction, demolition and other similar operations, that disturbs 0.10 
acres (4,356 square feet) or more shall require a dust control permit from the Maricopa County Air 
Quality Department (MCAQD).  Contact MCAQD at http://www.maricopa.gov/aq/. 
HISTORY & FACTS:

PL260136 – LITTLE QUAIL 
Page 8
May 12, 2026
1937
Aerial image indicates raw land which was later graded but does not appear to 
have been used for agricultural purposes. Surrounding areas appear to have 
been used for agriculture.
October 5, 1977 
Design Review Board approved site plan, building elevations and landscape 
plan for Wendy’s restaurant.
June 28, 1978
Board of Adjustment approved a variance to allow Wendy’s a freestanding tenant 
identification sign.
July 5, 1978
Design Review Board approved a sign package for Wendy’s Center
January 25, 1978
Board of Adjustment approved a variance to reduce the required 10 landscape 
strip along Broadway Road from 10’ to 0’ and a variance to reduce the required 
number of off-street parking spaces from 71 to 69.
1979
Aerial image indicates the site was fully developed with three buildings.
February 2, 1995
Design Review Board staff administratively approved a request for elevation 
modifications for a new drive-up window on the north west corner of the 
Wendy’s building at the west end of the site.
July 20, 1999
Hearing Officer approved a request by Wendy’s International for variances to 
reduce the minimum landscape island widths from 7’ to 4’ 10” and to reduce the 
required parking from 57 to 56 spaces.
March 27, 2008
Development Review staff approved a Development Plan Review for site plan, 
landscape plan and elevation modifications to the existing Wendy’s restaurant 
located at 790 W. Broadway Road.
July 17, 2012
Hearing Officer approved a Use Permit for Andrea’s Hope Chest for resale retail 
in the CSS District at 722 West Broadway Road.
August 20, 2015
Community Development Division Planning staff approved a Development Plan 
Review for Burger Rush at 790 W. Broadway Road for site plan, landscape 
plan, and building elevations for a new restaurant with conditions. 
December 14, 2021
Development Review Commission approved a request for VENTURE ON 
BROADWAY, located at 764 West Broadway Road. The site is in the CSS 
(Commercial Shopping & Service) zoning district. The approval allows a Use 
Permit for a drive through restaurant in CSS Zoning in an existing building. 
December 16, 2021
Community Development Division Planning staff approved a Minor 
Development Plan Review for VENTURE ON BROADWAY, located at 764 West 
Broadway Road. The site is in the CSS (Commercial Shopping & Service) 
zoning district. The approval authorized the demolition of one commercial 
building, and the conversion of another commercial retail building to two 
restaurant suites within the existing building footprint. For the purposes of 
modifications made to the site and parking, the project was determined to meet 
the criteria of an adaptive reuse. 
May 12, 2026
Development Review Commission scheduled public hearing for a Use Permit to 
allow a bar/tavern in the CSS zoning district.

PL260136 – LITTLE QUAIL 
Page 9
May 12, 2026
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 4-203, Development Standards for Commercial and Mixed-Use Districts
Section 6-308, Use Permit
Section 6-311, Shared Parking
Section 6-313, Security Plan
Section 6-314, Adaptive Reuse Program