DRC_STAFFREPORT_MARLETTS_GARAGE_011326.DOCX

STAFF REPORT
MARLETT’S GARAGE (PL250331)
PROJECT DATA:
Project Address
1249 East 8th Street
Property Owner
8th Street Filling Station, LLC
Applicant
Motley Design Group, LLC
Zoning District 
(current/proposed)
R-4 TOD / CSS TOD Corridor
Gross / Net Site Area
0.70 gross acres / 0.54 net acres
Total Building Area
2,374 gross s.f.
Lot Coverage
75% maximum in R-4 TOD and CSS TOD
Building Height
16’ existing building to remain (60’ maximum allowed in R-4 TOD, 
35’ maximum allowed in CSS TOD Corridor)
Building Setbacks
20’ front maximum, 5’ side minimum, 10’ street side minimum, 10’ 
rear minimum allowed in R-4 TOD. 0’ front minimum, 10’ front 
maximum, 0’ side minimum, 0’ street side minimum, 10’ rear 
minimum allowed in CSS TOD
Vehicle Parking
23 spaces (7 min. required, 9 max allowed)
Bicycle Parking
10 spaces (7 min. required)
COMMENTS:
This site is located on the southwest corner of 8th Street and Dorsey Lane and is within the 
Transportation Overlay District (TOD) Corridor. Surrounding land uses include multi-family residential 
to the west, south, and east. To the north, across 8th Street, is an electric utility easement, beyond the 
easement is multi-family residential. To the northeast are GID zoned parcels with a mix of office, 
commercial, and industrial uses, including Four Peaks Brewery and an automotive repair business. 
The site is made up of four parcels and was most recently utilized as an automotive service station at 
the corner of 8th Street and Dorsey Lane until 1973. The existing Historic Eligible building was built in 
1922 and served as an automotive service station along the Bankhead National Highway, later known 
as the Creamery Branch, and now designated as 8th Street. The building is currently vacant, along with 
the remainder of the property. The site is currently zoned multi-family residential (R-4) with a General 
Plan Land Use and Residential Density Map Amendment designation of Mixed-Use High (up to 65 
du/ac). Since the site has been unoccupied for more than a year, the legal non-conforming status of 
the garage has expired. The applicant is proposing to repurpose the existing garage for two indoor 
retail suites and a large patio serving a food truck court west of the existing building. The proposed 
commercial-only use of the site is not allowed in either the R-4 zoning district or in the Mixed-Use High 
land use classification.
The applicant is requesting the Development Review Commission provide recommendations to City 
Council for:
GPA250004
General Plan Land Use and Residential Density Map Amendment from Mixed-Use High 
(up to 65 du/ac) to Commercial
ZON250009
Zoning Map Amendment from R-4 TOD to CSS TOD Corridor
For further processing, the applicant will need approval for a Subdivision Plat to combine the four 
individual lots into one, and a Minor Development Plan Review. A Use Permit will be required for the 
outdoor retailing (food trucks).
SITE PLAN REVIEW
This project has had two Preliminary Site Plan Reviews 02/07/24 and 07/30/2025. The first preliminary 
review resubmittal timeframe expired due to inactivity of one year. The second preliminary submittal 
occurred in late July 2025. The subject formal application is only for the Zoning Map Amendment and

PL250331 – MARLETT’S GARAGE
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January 13, 2026
the General Plan Amendment; therefore, a third review of the site plan has not occurred. The 
proposed use will include two small retail spaces within the existing garage building, indoor and 
outdoor seating areas, and a larger outdoor patio that will be utilized for food trucks or other outdoor 
vending. Parking will occupy the western portion of the site. Solid waste services are provided in the 
northwest corner of the site. Vehicular access is provided from 8th Street into the parking area. The 
proposed food truck plaza will require a Use Permit for outdoor retailing. The west half of the site will 
be used for parking and the trash/recycling enclosure. 
An application for the Minor Development Plan Review will be reviewed by staff contingent upon the 
outcome of these current entitlement requests.
PUBLIC INPUT

A neighborhood meeting was required, and two meetings were held.

The first neighborhood meeting was on October 6, 2025, at 6:00 p.m., located at the Four 
Peaks Brewery’s Twombley Room at 1340 East 8th Street to address the zone change.

Five residents attended the meeting to gather information and asked general questions about 
the project. 

See attached summary of meeting provided by the applicant.

Community Development staff attended the first meeting. 

The second neighborhood meeting was on November 24, 2025, at 6:00 p.m., located at the 
Four Peaks Brewery’s Room 117 at 1340 East 8th Street to address the General Plan 
amendment.

One representative from the City of Tempe Historic Preservation Board attended the meeting 
to gather information and asked general questions about the project. 

See attached summary of meeting provided by the applicant.

Community Development staff attended the second meeting. 

Citizens for a Vibrant Apache Corridor (CVAC) submitted a letter of support on December 29, 
2005.
PROJECT ANALYSIS
GENERAL PLAN 
The applicant has provided a written justification for the proposed General Plan amendment. 
Land Use Element: 
The land use projected for this site is Mixed-Use High, which is intended for a mixture of residential 
and commercial uses within a development with a potential density of up to sixty-five dwelling units per 
acre. It also encourages creatively designed developments to create a “village”, or activity hub 
integrated within the area. The applicant is proposing to amend the 2050 General Plan Land Use and 
Residential Density Map to recategorize the site as Commercial, which includes retail, service, light 
industrial, and medical uses. This category includes many types of buildings, such as offices, 
restaurants, regional and neighborhood retail, and private and charter schools. Because the proposed 
use does not include any residential uses and will strictly be commercial, the proposed amendment is 
appropriate. 
Surrounding governmental agencies and utility providers have been notified by the City of Tempe of 
the proposed General Plan Amendment, as of the writing of this report, there have been no responses. 
LAND USE ELEMENT

This is a commercial project located on a site with an existing Historic Eligible building, 
resulting in an infill development that creates an employment-based land use and 
encourages commercial uses that support the City’s employment goals and tax base.

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January 13, 2026
COMMUNITY DESIGN ELEMENT

The proposed building renovations enhance the character of the surrounding area by 
revitalizing an unused building and repurposing it with a community activity center. The 
proposed renovation also incorporates shade elements that are both distinctive and 
functional, and the overall project promotes designs that improve accessibility to the site. 
HISTORIC PRESERVATION ELEMENT

The existing building on site has been identified and classified as Historic Eligible. Approval 
of the rezoning will include conditions related to archeological monitoring, in addition to 
A.R.S. § 41-865 concerning the treatment and reporting of human remains and funerary 
objects encountered on private land. 
NEIGHBORHOOD PRESERVATION AND REVITALIZATION ELEMENT

The subject site is not located within a Revitalization Study Area but is within the Apache 
Boulevard Redevelopment Area. The project represents reinvestment of the site that has 
been vacant for several decades. Additional traffic may occur due to the attraction of a new 
commercial, however the provided on-site parking will minimize the amount of overflow 
parking in the adjacent residential areas. 
REDEVELOPMENT ELEMENT

The project represents a redevelopment of an underutilized site and supports existing City 
infrastructure surrounding the site, including new sidewalks, bike lanes, and ADA 
accessible. 
HOUSING ELEMENT

Although the site is zoned to allow multi-family uses, it has a 53-year history with no market 
interest in housing at this shallow corner lot due to site constraints. Although it could be 
used for a small infill housing development, the change of use does not eliminate housing, 
as the site has historically been used for commercial purposes. Maintaining the commercial 
use does not impact this element. 
ECONOMIC DEVELOPMENT ELEMENT

The project furthers this element by expanding the municipal tax base and locating a 
commercial use on a vacant site and providing employment opportunities and neighborhood 
commercial uses.
GROWTH AREA ELEMENT

The subject site is located in the Rail Corridor Growth Area and Innovation Hub as defined 
by the 2050 General Plan. One of the goals of this growth area is to encourage land use 
and development that creates a sense of community and place. 
COST OF DEVELOPMENT ELEMENT

This project does not exceed planned infrastructure or service capacity and represents the 
attraction of an infill development that will benefit the community and highlight the historic 
nature of the area. 
PEDESTRIAN AND BICYCLE ELEMENT

This project facilitates the installation of new sidewalks along 8th Street and Dorsey Lane. 
Other improvements include upgrades to existing ramps at the intersection of 8th Street and 
Dorsey Lane. These improvements collectively expand pedestrian connectivity and help 
expand the City’s regional bicycle and pedestrian network.

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January 13, 2026
TRANSIT ELEMENT

The site is located along the City’s existing transit network, as there are two existing transit 
stops east of the site along Dorsey Lane and 8th Street. The Dorsey Ln/Apache Blvd Light 
Rail and Streetcar station is located approximately 0.3 miles to the south.
TRAVELWAYS ELEMENT

This development encourages redevelopment along the south side of 8th Street and will 
provide sufficient room along all street frontages to sustain healthy tree growth without 
impacting service or transit vehicles. 
PARKING AND ACCESS MANAGEMENT

The quantity and design of the proposed parking area is consistent with City of Tempe 
codes and regulations and minimizes conflict points and congestion. 
AVIATION ELEMENT

The subject site is not located within the vicinity of the Phoenix Sky Harbor International 
Airport. 
CONSERVATION ELEMENT

The project will increase the tree canopy coverage to reduce ambient temperatures and 
load demand on HVAC systems. The street trees will also provide shade for pedestrians 
walking on the south side of 8th Street.
DIVERSION & REMDIATION ELEMENT

ADEQ Permit GZ9115 was obtained on March 3, 2014, to close and remove two 
underground storage tanks east of the garage building. Soil samples near the two 
underground tanks east of the garage found no detectible petroleum hydrocarbons. A third 
tank is under the dispenser island and was closed in place. Soil samples near the third 
underground tank found indications of low-level petroleum constituents, below Residential 
Soil Remediation Levels. 
ENVIRONMENTAL PLANNING ELEMENT

This project promotes landscape and building setback buffers that mitigate noise in 
residential areas.
WATER RESOURCES ELEMENT

Specifics have not been reviewed by city staff at this time, however, staff will recommend 
the project utilizes low-water and drought-tolerant vegetation.
CLIMATE CHANGE & EXTREME HEAT ELEMENT

The project will provide outdoor shade through the implementation of new vegetative 
landscaping and an expanded tree canopy coverage. 
OPEN SPACE ELEMENT

The project will provide trees and shrubs appropriate for the Sonoran Desert environment 
and provides trees that fit a balanced urban forest. 
RECREATION ELEMENT

This element is not applicable to this project.
PUBLIC ART AND CULTURAL AMENITIES ELEMENT

This project is not required to contribute to the Art in Private Development program.

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PUBLIC BUILDINGS AND FACILITIES ELEMENT

This element is not applicable to this project.
PUBLIC SERVICES ELEMENT

This element is not applicable to this project.
MUNICIPAL COURT ELEMENT

This element is not applicable to this project.
SAFETY ELEMENT

When the formal application for the Development Plan Review is submitted, project will be 
reviewed by both Police Department and Fire Department staff. Crime Prevention Through 
Environmental Design principals of territoriality, natural surveillance, and activity support will 
also be addressed in the site design.
Criteria for Considering a General Plan Amendment:
1. Written justification for the amendment should consider long-term and short-term public benefit and 
how the amendment, considering Land Use Principles, will help the city attain applicable objectives 
of the General Plan. The short-term benefits include the development and renovation of an 
underutilized site for new commercial uses. The long-term public benefits include the increased 
revenue and employment opportunities derived from new commercial use as well as the creation of 
a community gathering space. 
2.
If the proposed amendment is only to the General Plan’s text, there should be objective discussion 
of the amendment’s long-term and short-term public benefit and the larger issue of its impact on the 
city attaining applicable objectives of the General Plan. Not applicable.
3. If the proposed amendment impacts the General Plan’s Projected Land Use Map only, there should 
be objective discussion of the amendment’s impact on the projected land use within a minimum of a 
half-mile of the property. The site is located at the southwest intersection of 8th Street and Dorsey 
Lane. The proposed Commercial use is adjacent to industrial, multi-family, and single-family 
residential. All properties to the west, north, and south are designated as Mixed-Use High in the 
2050 General Plan. Directly to the east is designated as a Cultural Resource Area in the 2050 
General Plan. The lack of a residential component to this proposal is reason the land use designation 
must be changed from Mixed-Use High to Commercial. Within a half mile of the project site, the 
majority of the land use designations are Mixed-Use High or Mixed-Use Urban. The proposed 
modification to the General Plan would result in a land use that is consistent and compatible with all 
surrounding uses within a half-mile radius, and the amendment aligns with the vision for the area. 
4. With a proposed amendment to the General Plan Projected Land Use Map, the applicant/developer’s 
written discussion on the proposed amendment should respond to the Land Use Principles in the 
Land Use Element of the General Plan. The principles are presented below:
a.
Describe the public benefit of the proposed amendment in terms of increase/decrease in intensity 
and its impact on adjacent land uses versus the impact of the present land use designation
b.
Describe the public benefit of the proposed amendment in terms of impact on the city’s 
infrastructure (i.e. water, sewer, utilities, streets, in terms of anticipated traffic generation, 
projected carrying capacity, projected volume, availability of transit, need for additional access, 
or city services such as fire and police staffing and response times, etc.) versus the impact of 
the present land use designation
c.
Describe the proposed development quality of life in terms of how its components reflect unique 
site design, building design, landscaping; integrate or provide access between varied uses; deal 
creatively with multi-modal transportation; and reduce/eliminate physical barriers, as well as 
provide residential, employment, shopping and local services opportunities

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January 13, 2026
d.
Describe the use of open space, parks or green belts, and how the development separates, as 
well as links, residential and nonresidential components, if the proposed development 
incorporates a residential component. If applicable, describe how the proposed development 
impacts existing parks
e.
Describe the proposed development in terms of supporting regional and local transit objectives 
for arterial streets; implementing the goals and objectives of the Tempe Transit Plan; describe 
the internal street system in terms of supporting the above goals and objectives and incorporating 
uniquely designed transit facilities along the arterial streets
f.
Describe the proposed amendment in terms of effects on the school districts (enrollments and 
facilities).
g.
Identify additional quality of life components of the proposal in the criteria to justify a General 
Plan Amendment
The applicant’s Letter of Explanation satisfactorily responds to most component of the above criteria, 
but not all. The items that were not addressed by the applicant concern the effect the amendment will 
have on the school district and the impact of the proposed amendment on city infrastructure. Since this 
proposal does not include a residential component, it will not have an impact on schools. The impact on 
city infrastructure will be addressed during the review of the Development Plan Review.
5. If there are concerns, consideration of the proposed amendment shall be granted only if potentially 
negative influences are mitigated and deemed acceptable by the City Council.
Section 6-303 D. Approval criteria for General Plan amendment (in italics): 
1.
Appropriate short and long term public benefits. The proposed benefits includes redevelopment on 
an under-utilized site that is intended to serve as a community gathering hub along the 8th street 
corridor that will be walkable, bikeable, and reachable by mass transit.
2.
Mitigates impacts on land use, water infrastructure or transportation. The project accomplishes 
these goals as detailed in the analysis above, however, the project does not address the impact to 
water infrastructure. Infrastructure impacts will be analyzed and addressed during the 
Development Plan Review process.
3.
Helps the city attain applicable objectives of the General Plan. The project satisfies many of the 
objectives and goals of the General Plan, as detailed in the analysis above.
4.
Provides rights-of-way, transit facilities, open space, recreational amenities or public art. Where 
applicable, the project provides the required improvements, as detailed in the analysis above.
5.
Potentially negative influences are mitigated and deemed acceptable by the City Council. 
6.
Judgment of the appropriateness of the amendment with regard to market demands, and impacts 
on surrounding area, service, fiscal, traffic, historic properties, utilities and public facilities. The 
proposed amendment is appropriate and meets the intent and goals of the General Plan with 
respect to services, fiscal stewardship, traffic, historic preservation, utilities, and all other applicable 
components and elements as detailed in the analysis above.
CHARACTER AREA PLAN
The Downtown Tempe, Rio Salado, ASU, Northwest Neighborhoods Character Area Plan was 
adopted by City Council in 2018, and looks to improve the quality, accessibility, and connectivity of 
redevelopment and infill projects, improve pedestrian safety and comfort, to improve “dead spaces” in 
the ground floor of streetscapes and buildings, to program and activate open spaces, to decrease 
auto-dependence goal is to balance future growth along the light rail / mixed-use corridor. Preserving 
and enhance local historic and cultural resources to inform authentic placemaking and to strengthen 
sense of place and supporting human health, economic development, and livability through the 
creation of a walkable, bikeable, and transit-oriented environment are also key goals. The creation of a 
commercial space that will serve as a community gathering area works to achieve the purposes of the 
Character Area Plan.
ZONING

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January 13, 2026
The proposed Zoning Map Amendment from R-4 TOD to CSS TOD will conform with the Commercial 
land use designation if the proposed General Plan Amendment is approved and will facilitate the 
renovation of the existing garage building. The zoning request is not consistent with surrounding 
zoning districts, which includes industrial-zoned properties to the northeast and multi-family residential 
to the north, east, south, and west. If approved, this would be the only commercially zoned property in 
the immediate area. The land uses in the industrial area to the northeast consists of office, retail, and a 
brewery. Given the types of businesses operating in the industrial area, the commercial land use at the 
subject site is not out of character for the area, but the introduction of a commercially zoned site is. 
Changing the zoning to CSS allows the site certain permitted uses that may not be suitable, such as a 
convenience store or vehicle service. Other uses that may cause public concern, such as a gas station 
or liquor store, are allowed in CSS but will require a Use Permit.
Section 6-304 C.2. Approval criteria for Zoning amendment (in italics):
1.
The proposed zoning amendment is in the public interest. The proposed zoning map amendment 
would implement the General Plan and allows for the redevelopment of the existing garage 
building and offers a community gathering area, as detailed in the General Plan Amendment 
analysis.
2.
The proposed zoning amendment conforms with and facilitates implementation of the General 
Plan. The rezone will align with the 2050 General Plan Amendment, if approved, and conforms 
with the goals and objectives of the General Plan, as detailed in the analysis above. 
 
REASONS FOR APPROVAL:
1.
The project meets the General Plan Projected Land Use and Projected Residential Density for this 
site.
2.
The project will meet the development standards required under the Zoning and Development 
Code.
3.
The proposed project meets the approval criteria for a General Plan Amendment and Zoning Map 
Amendment.
Based on the information provided and the above analysis, and public input received, staff 
recommends approval of the requested General Plan Amendment and Zoning Map Amendment. This 
request meets the required criteria and will conform to the conditions.
ZONING AMENDMENT CONDITIONS OF APPROVAL:
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL. THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS. 
1.
A building permit application shall be made within two years of the date of City Council approval or 
the zoning of the property may revert to that in place at the time of application. Any reversion is 
subject to a public hearing process as a zoning map amendment.
2.
The property owner(s) shall sign a waiver of rights and remedies form.  By signing the form, the 
Owner(s) voluntarily waive(s) any right to claim compensation for diminution of Property value 
under A.R.S. §12-1134 that may now or in the future exist, as a result of the City’s approval of this 
Application, including any conditions, stipulations and/or modifications imposed as a condition of 
approval.  The signed form has been submitted to the Community Development Department.
3.
The property owner shall submit a Development Plan Review application to the Community 
Development Planning Division within sixty (60) days of the City Council approval of this zoning or 
the zoning of the property may revert to that in place at the time of application. Any reversion is 
subject to a public hearing process as a zoning map amendment.

PL250331 – MARLETT’S GARAGE
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January 13, 2026
4.
The property owner shall submit a Use Permit application for outdoor retailing to the Community 
Development Planning Division prior to operation of a food truck court or outdoor retailing use.
5.
This site is located within a known archeologically sensitive area with the likelihood of 
encountering cultural resources, human (Ancestral) remains, or funerary objects. Prior to 
issuance of any permits that would result in ground disturbance, the Developer shall hire a 
qualified archaeological firm to complete an addendum to the City of Tempe’s Historic 
Properties Treatment Plan (HPTP) that includes a plan for 1) archaeological testing prior to 
construction and/or 2) monitoring of ground-disturbing activity during construction. This 
condition applies to projects on both previously disturbed and previously undisturbed 
ground. This process requires consultation and sign off of the Historic Preservation Officer.
6.
Prior to commencement of construction, contractors and subcontractors on the project 
performing ground-disturbing activities will provide evidence (an unexpired decal) of 
successful completion of the Salt River Pima-Maricopa Indian Community (SRPMIC) online 
cultural sensitivity training and test. Evidence shall be provided to the Community 
Development Department, Historic Preservation Officer. Obligation of this condition shall 
be noted on the permitted set of plans.
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.
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.
STANDARD DETAILS:

Access to Tempe Supplement to the M.A.G. Uniform Standard Details and Specifications for 
Public Works Construction, at this link: https://www.tempe.gov/government/engineering-and-
transportation/engineering/standards-details or purchase book from the Public Works 
Engineering Division.

Access to refuse enclosure details DS116 and DS118 and all other Development Services 
forms at this link: https://www.tempe.gov/government/community-development/building-
safety/applications-forms. The enclosure details are under Handouts.
BASIS OF BUILDING HEIGHT: Measure height of buildings from top of curb at a point adjacent to the 
center of the front property line.
MECHANICAL SCREENING: All new roof mounted mechanical equipment shall be concealed on all 
sides by elements that are an integral part of the building design and are equal to or greater in height 
than the mechanical equipment. Ground-mounted equipment may be screened using a masonry wall 
or other durable material as approved through development plan review. 
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.

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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 
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: 

Design building entrance(s) to maximize visual surveillance of vicinity. Limit height of walls or 
landscape materials, and design columns or corners to discourage ambush. 

Maintain distances of 20’-0” or greater between a pedestrian path of travel and any hidden 
area to allow for increased reaction time and safety. 

Follow the design guidelines listed under Appendix A of the Zoning and Development Code. In 
particular, reference the CPTED principal listed under A-II Building Design Guidelines (C) as it 
relates to the location of pedestrian environments and places of concealment.

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.
TRAFFIC ENGINEERING:

Provide 8’-0” wide public sidewalk along arterial roadways, or as required by Traffic 
Engineering Design Criteria and Standard Details. 

Construct driveways in public right of way in conformance with Standard Detail T-320. 
Alternatively, the installation of driveways with return type curbs as indicated, similar to 
Standard Detail T-319, requires permission of Public Works, Traffic Engineering.

Correctly indicate clear vision triangles at driveways on the site and landscape plans. Identify 
speed limits for adjacent streets at the site frontages. Begin sight triangle in driveways at point 
15’-0” from face of curb. Consult Intersection Sight Distance memo, available from Traffic 
Engineering if needed 
https://www.tempe.gov/home/showpublisheddocument/6815/635323967996830000. Do not 
locate site furnishings, screen walls or other visual obstructions over 2’-0” tall (except canopy 
trees are allowed) within each clear vision triangle.
FIRE: 

Clearly define the fire lanes. Ensure that there is at least a 20’-0” horizontal width, and a 14’-0” 
vertical clearance from the fire lane surface to the underside of tree canopies or overhead 
structures. Layout and details of fire lanes are subject to Fire Department approval.
PRIVATE DEVELOPMENT ENGINEERING:

An Encroachment Permit or License Agreement must be obtained from the City for any 
approved projections into the right of way or crossing of a public utility easement, prior to 
submittal of construction documents.

An Encroachment Permit is required for any approved encroachment, temporary and 
removable in nature, that lies within, over or across any public Right of Way.  A License 
Agreement will be required for any approved permanent structural encroachment into the Right

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January 13, 2026
of Way (roadway easements and PUE’s are included by Tempe City Code definition). 

Permanent overhead structures will not be allowed above public water or sewer easements 
unless the vertical clearance is greater than 30 ft. per Engineering Design Criteria.

All existing overhead utilities on or adjacent to site must be placed underground, including 
street crossings, per City of Tempe Code, Section 25-120 thru 25-126 & Ord # 88.85 except for 
transmission lines (greater than 12.5 kv).

Coordinate site layout with utility provider(s) to provide adequate access easement(s). This is a 
private easement between the property owner and the utility company

Clearly indicate right-of-way dimensions and property lines with dimensions, bearings, and 
distances. 

Verify and show location of all easements, or property restrictions, to ensure no conflict exists 
with the site layout or foundation design. Provide recording number of existing easements. Any 
easements not dedicated to the city shall be labeled as private.

Steel bar/cable soil nails, tiebacks, foundations, piles, and any associated shoring items are not 
allowed within the City Right-of-Way and easements.
SOLID WASTE SERVICES:

Enclosure indicated on site plan is exclusively for refuse. Construct walls, pad and bollards in 
conformance with standard detail DS-116.

Contact the Solid Waste Division to verify that vehicle maneuvering and access to the 
enclosure is adequate. Refuse staging and collection must be on site; no backing onto or off of 
streets, alleys or paths of circulation.

Develop strategy for recycling collection and pick-up from site. 

Gates for refuse enclosure(s) are not required, unless visible from the street. If gates are 
provided, the property manager must arrange for gates to be open from 6:00 am to 4:30 pm on 
collection days.
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.
ZONING AND DEVELOPMENT CODE:

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 www.tempe.gov/zoning or purchase from Community Development.
LIGHTING:

Plans shall include the nearest adjacent street lights to the development. Street lights 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

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levels for exterior lighting.
LANDSCAPE:

Trees shall be planted a minimum of 16’-0” from any existing or proposed public utility lines. 
The tree planting separation requirements may be reduced to no less than 8’-0” from utility 
lines upon the installation of a linear root barrier. Per Detail T-460, the root barrier shall be a 
continuous material, a minimum of 0.08” thick, installed to a minimum depth of 4’-0” below 
grade. The root barrier shall extend 6’-0” on either side of the tree parallel to the utility line for a 
minimum length of 12’-0”. Final approval is subject to determination by the Public Works, Water 
Utilities Division.

Prepare an existing plant inventory for the site and adjacent street frontages. The inventory 
may be prepared by the Landscape Architect or a plant salvage specialist. Note original 
locations and species of native and “protected” trees and other plants on site. Move, preserve 
in place, or demolish native or “protected” trees and plants per State of Arizona Agricultural 
Department standards. File Notice of Intent to Clear Land with the Agricultural Department. 
Notice of Intent to Clear Land form is available at 
https://agriculture.az.gov/plantsproduce/native-plants. Follow the link to “applications to move a 
native plant” to “notice of intent to clear land”.

To ensure adequate soil, water, and area for healthy plant growth, each landscape island shall 
be a minimum of one hundred twenty (120) square feet in area, a minimum seven (7) feet in 
width, and a minimum of fifteen (15) feet in length, including curbing. Landscape islands shall 
extend to the end of the abutting parking space(s).
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:
August 23, 1890
The site was recorded as Lot 24 and Lot 25 of the Sotelo Addition Plat. 
1922 - 1973
The site was used as an automobile service station along the Bankhead 
National Highway.
May 6, 1959
The City Council approved Ordinance 298, an annexation of property including 
Lot 25 and the eastern 21 feet of Lot 24 of Sotelo Addition. 
May 23, 1966
The City Council approved Ordinance 438, an annexation of property including 
the remainder of Lot 24 of Sotelo Addition. 
June 20, 1966
Zoning for Lot 24 of the Sotelo Addition was established as R-4. Establishment 
of zoning for Lot 25 cannot be verified.
1973 - Present
The building and property has been unused during this period. Historic aerial 
photography shows smaller buildings directly west of the existing garage have 
been removed over the years. Most are demolished between 1979 and 1986. By 
1998, the garage building is the only building remaining.
November 17, 2005
City Council adopted ordinance Ord. No. 2005.24 to establish the Transportation

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January 13, 2026
Overlay District, which included this site within the established Corridor Overlay, 
which encourages a mix of land uses, pedestrian activity, and accessibility.
October 6, 2025
The applicant held a neighborhood meeting for the Zone Amendment to change 
the Zoning from R-4 Multi-Family in the TOD Corridor to CSS TOD Corridor to 
allow commercial uses on site. 
November 24, 2025
The applicant held a neighborhood meeting for the General Plan Amendment to 
amend the General Plan 2050 Land Use and Density Map from Mixed-Use High 
(up to 65 du/ac) to Commercial
. 
January 13, 2026
The requests for a General Plan Land Use and Residential Density Map 
Amendment from Mixed-Use High (up to 65 du/ac) to Commercial and a Zoning 
Map Amendment from R-4 TOD to CSS TOD Corridor are scheduled to be 
heard by the Development Review Commission.
January 22, 2026
The requests for a General Plan Land Use and Residential Density Map 
Amendment from Mixed-Use High (up to 65 du/ac) to Commercial and a Zoning 
Map Amendment from R-4 TOD to CSS TOD Corridor are scheduled for the 
introduction and first City Council public hearing.
February 5, 2026
The requests for a General Plan Land Use and Residential Density Map 
Amendment from Mixed-Use High (up to 65 du/ac) to Commercial and a Zoning 
Map Amendment from R-4 TOD to CSS TOD Corridor are scheduled for the 
second City Council public hearing.
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 6-302, General Plan Amendment
Section 6-304, Zoning Map Amendment
Section 6-307, Subdivisions, Lot Splits and Adjustments