ORDINANCE MARLATTS_GARAGE_020526.DOCX

Ordinance No. O2026.06
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ORDINANCE NO. O2026.06
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.
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WHEREAS, the City of Tempe has received an application for a change to the zoning map 
in relation to property located at the southwest corner of East 8th Street and South Dorsey Lane; 
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 removing the below described property from the R-4 TOD Corridor, Multi-family residential 
with a Transportation Overlay District Corridor area and designating it as CSS TOD Corridor, 
Commercial Shopping and Service with a Transportation Overlay District Corridor area on 0.7 
acres.
LEGAL DESCRIPTION
See Attachment A, Legal Description
 
TOTAL AREA IS .7 GROSS ACRES.

Ordinance No. O2026.06
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Section 2.  Further, those conditions of approval set forth in Community Development 
Case # PL250331 are hereby expressly incorporated into and adopted as part of this 
ordinance as follows:
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 Developer shall submit, or receive approval of, a Major Development Plan Review 
application to the Community Development Planning Division before building permits for the 
project are filed.
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.
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 5th day of February, 2026.
Corey D. Woods, Mayor
ATTEST:

Ordinance No. O2026.06
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Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney