ORDINANCE_250 RIO_010826.DOC

Ordinance No. O2026.02
ORDINANCE NO. O2026.02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, AMENDING THE CITY OF TEMPE ZONING 
MAP, PURSUANT TO THE PROVISIONS OF ZONING AND 
DEVELOPMENT CODE PART 2, CHAPTER 1, SECTION 2-106 
AND 
2-107, 
RELATING 
TO 
THE 
LOCATION 
AND 
BOUNDARIES OF DISTRICTS.
**************************************************************
WHEREAS, the City of Tempe has received an application for a change to the zoning 
map in relation to property located at the intersection (roundabout) of West Rio Salado 
Parkway and South Ash Avenue; and
WHEREAS, the Community Development Director has reviewed the application and 
determined it to be administratively complete; and
WHEREAS, the Council has received a recommendation of approval from the 
Development Review Commission; and
WHEREAS, the Council finds that:
1) The proposed zoning map amendment is in the public interest;
2) The proposed zoning map amendment conforms with the general plan land use and 
residential density map, and implements certain goals and objectives of the general plan;
3) The proposed zoning map amendment is compatible with the surrounding land uses, 
zoning designations and development standards; and 
4) The proposed zoning map amendment mitigates impacts on land use, water 
infrastructure, utilities or transportation.
 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, as follows:
Section 1.  That the City of Tempe Zoning Map is hereby amended, pursuant to the 
provisions of Zoning and Development Code, Part 2, Chapter 1, Sections 2-106 and 2-107, by 
designating the below described property located in the existing CC PAD TOD, City Center, 
Planned Area Development Overlay within the Transportation Overlay District and amending the 
existing PAD, Planned Area Development Overlay, on 1.81 acres.
LEGAL DESCRIPTION
See Attachment A, Legal Description
 
TOTAL AREA IS 1.81 GROSS ACRES.
 
Section 2.  Further, those conditions of approval set forth in Community Development

Ordinance No. O2026.02
Case # PL250333 are hereby expressly incorporated into and adopted as part of this ordinance 
as follows:
1.
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 shall be submitted to the Community 
Development Department no later than 30 days from the date of City Council approval, or 
the Planned Area Development approval shall be null and void. 
2.
The 1st Amended Planned Area Development Overlay for 250 RIO shall be put into proper 
engineered format with appropriate signature blanks and kept on file with the City of 
Tempe’s Community Development Department within sixty (60) days of the date of City 
Council approval and prior to issuance of building permits.
3.
A Development Plan Review application shall be submitted to the Community Development 
Planning Division within two (2) years of the date of City Council approval. If this condition is 
not met, the Planned Area Development Overlay 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.
4.
The developer shall submit an updated landscape plan to the Historic Preservation Officer 
(HPO) for review. The HPO shall determine whether the plan is eligible for issuance of a 
Certificate of No Effect by the HPO or if the applicant must apply for a Certificate of 
Appropriateness to the Historic Preservation Commission (HPC). The HPC issued the 
developer a Certificate of Appropriateness in May 2022 for the previous developer’s 
proposed rehabilitation of the historic Ash Avenue abutment roadway approach 
(PL210130/HPO220003), which is a Tempe Historic Property Register-designated property. 
5.
The applicant shall continue to make the VinsonStudio PLLC’s Assessment of the Historic 
Roadbed and Bridge Abutment for the City of Tempe, Arizona (2018) integral to their plan 
for restoring the Ash Avenue Bridge abutment approach.
6.
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 by the Historic Preservation Officer.
7.
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.
8.
If required by the Federal Aviation Administration (FAA), the developer shall provide 
documentation to the City prior to building permit issuance, that Form 7460-1 has been filed 
for the development and that the development received a “No Hazard Determination” from 
the FAA. If temporary equipment used during construction exceeds the height of the 
permanent structure, a separate Form 7460-1 shall be submitted to the FAA and a “No 
Hazard Determination” obtained before the construction start date.

Ordinance No. O2026.02
9.
The developer shall record a Notice to Prospective Purchasers of Proximity to Airport in 
order to disclose the existence and operational characteristics of Phoenix Sky Harbor 
International Airport to future owners or tenants of the property.
10. The developer shall ensure that a representation is included in the Residential Lease 
Owner’s Property Disclosure Statement, or if no Disclosure Statement is provided to the 
tenant, that prospective tenant is notified in writing of the proximity of the development to the 
airport, per the content and form approved by the City Attorney, in order to disclose the 
existence and operational characteristics of Phoenix Sky Harbor International Airport.
11. The developer shall record a Notice to Prospective Purchasers of Proximity to Tempe Beach 
Park in order to disclose the existence and operational characteristics of the numerous 
special events held at the park that may result in frequent closures or restrictions of 
vehicular access to parking or to the adjacent streets to future owners or tenants of the 
property. The content and form of the notice shall be approved by the Police Department 
and Community Development Department.
12. The developer shall ensure that a representation is included in the Residential Lease 
Owner’s Property Disclosure Statement, or if no Disclosure Statement is provided to the 
tenant, that prospective tenant is notified in writing of the proximity of the site to the 
numerous live entertainment venues in the vicinity of the downtown, in order to disclose the 
existence and operational characteristics of such businesses. The content and form of the 
notice shall be approved by the Police Department and Community Development 
Department.
13. An access and shared maintenance agreement for use of City property located on the north 
side of the subject site to access the proposed development shall be addressed either 
through an amended development agreement or recorded by separate instrument.
14. An access agreement between the City and developer regarding public access on and 
through the Historic Ash Avenue roadway and connecting the east side of the subject 
development, as well as public access to the privately-owned park on the south side of the 
development, adjacent to Rio Salado Parkway, shall be recorded. Such agreement shall be 
addressed either through an amended development agreement or recorded by separate 
instrument.
Section 3.  Pursuant to A.R.S. § 9-462.01(J), the City Council has considered a housing 
impact statement regarding the impact of the zoning ordinance.
Section 4. Pursuant to City Charter, Section 2.12, ordinances are effective thirty (30) 
days after adoption. 
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, this 22nd day of January, 2026.
Corey D. Woods, Mayor
ATTEST:
                                      
Kara A. DeArrastia, City Clerk

Ordinance No. O2026.02
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney