DRC_STAFF REPORT_LUXHOLDINGS_032426.DOCX

PL250166 – LUX HOLDINGS MDPP
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March 24, 2026
STAFF REPORT
LUX HOLDINGS (PL250166)
PROJECT DATA:
Project Address
3910 S Rural Road
Property Owner
LUX HOLDINGS LLC
Applicant
Bryant Aplass, Lux Holdings LLC
Zoning District (current/proposed)
R/O (Residential/Office) / CSS (Commercial Shopping and 
Services)
Net Site Area
1.51 acres
Landscape Area
24.5% (15% minimum required)
Vehicle Parking
71 spaces (90 min. required)
COMMENTS:
The subject site is located at the southwest corner of Rural Road and East Hermosa Drive, north of 
State Route 60. The site is generally bound by Hermosa Drive and single-family residential uses to the 
north, Rural Road to the east, a multi-tenant office building to the south, and Joyce Park to the west. 
To the west of Joyce Park is Carminati Elementary School. 
The proposed rezoning is a result of a Code Compliance violation for the operation of an event center 
within the existing multi-tenant office building, and for unpermitted modifications to the landscape area 
within an interior courtyard area. Event centers are not permitted uses within the Residential/Office 
(R/O) zoning district, and the applicant is proposing to rezone a portion of the site encompassing the 
northernmost section of the existing building to the Commercial Shopping and Service (CSS) zoning 
district, where such uses are permitted by right. 
The applicant is requesting the Development Review Commission provide recommendations to City 
Council for: 
ZON250005
Zoning Map Amendment from R/O, Residential/Office to CSS, Commercial Shopping and 
Service 
To resolve the unpermitted modifications to the courtyard, the applicant has submitted a Minor 
Development Plan, which is in review. Additionally, because the inclusion of the event center 
operations in the building and courtyard area results in a deficiency of available parking, the applicant 
has submitted a Shared Parking Analysis to obtain relief from the City’s parking standards. 
PUBLIC INPUT

A neighborhood meeting was required

The neighborhood meeting was held on July 28, 2025, from 6:00 – 7:00 p.m. at the subject 
site. 

See attached summary of meeting provided by the applicant.

Community Development staff attended the meeting.  

Six residents attended the neighborhood meeting. Residents identified concerns with the uses 
allowed under the CSS zoning district, and with the future of the property. Additional questions 
related to the event center use. 

Staff has received one letter of opposition related to the proposed Zoning Map Amendment, 
which identified concerns associated with noise from the proposed event center.

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ZONING
The proposed Zoning Map Amendment would revise the zoning classification of a portion of the 
subject site from R/O, Residential/Office, to CSS, Commercial Shopping and Service. The 2050 
General Plan classifies the subject site as “Commercial”, which allows for all commercial zoning 
districts, including the CSS zoning district. In this respect, the proposed Zoning Map Amendment 
complies with the General Plan 2050. The proposed CSS zoning classification would apply only to an 
area surrounding the northernmost building on the site, which would allow the proposed event center 
to operate, but which would also prevent future development of higher-intensity uses allowed within 
the CSS zoning district. 
Based on the changes in occupancy types proposed to coincide with the rezoning, the subject site 
does not meet the City’s requirements for minimum quantities of parking stalls. The applicant has 
submitted a shared parking analysis prepared by a licensed traffic engineer which found that sufficient 
parking is available given the uses present in the multi-suite office building. 
Based on staff’s evaluation, the proposed Zoning Map Amendment satisfies the below criteria. 
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 
expands the number of allowed uses on the subject site in a controlled manner such that 
employment and event opportunities are expanded while maintaining much of the existing R/O 
zoning. 
2.
The proposed zoning amendment conforms with and facilitates implementation of the General 
Plan. The proposed rezoning aligns with the General Plan Land Use category for the subject site. 
The General Plan 2050 also includes goals and objectives related to supporting a variety of uses 
within walking distance of residential areas and encouraging diversified land uses that balance 
residential and employment opportunities. 
3.
The proposed zoning map amendment is compatible with the surrounding land uses, zoning 
designations and development standards; The proposed Zoning Map Amendment is not 
associated with any changes to the building itself, and so the site will remain physically compatible 
with surrounding uses, zoning designations and development standards. The applicant has noted 
that the event center will utilize valet parking, reasonable hours of operation, and will coordinate 
with surrounding residents on a community response plan to address any concerns that arise due 
to the even center’s operations. 
4.
The proposed zoning map amendment mitigates impacts on land use, water infrastructure, utilities 
or transportation. After discussions with staff, the applicant reduced the extent of its proposed 
Zoning Map Amendment to encompass only the northernmost of the two buildings located on the 
site. By limiting the area of the rezoning and maintaining the existing R/O zoning around the 
building, future developments of high-intensity uses are unlikely, and impacts related to 
transportation and other utilities are sufficiently mitigated. 
Based on the information provided and the above analysis, staff recommends approval of the 
requested Zoning Map Amendment. 
ZONING AMENDMENT  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.  
1.
A building permit application shall be made within two years of the date of City Council approval or

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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 shall be submitted to the Community Development Department no later 
than 30 days from the date of City Council approval, or the Zoning Map Amendment approval shall 
be null and void. 
3.
Update the data for parking file for this site. Provide information within 14 days or by April 8, 2026. 
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/public-
works/engineering/standards-detailsv or purchase a 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 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.
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

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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.

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.
SOLID WASTE SERVICES:

Enclosure indicated on site plan is exclusively for refuse.  

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

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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. 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.
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”.
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:
September 21, 1971 The Board of Adjustment approved a Use Permit to allow for the construction of 
an office building and a Variance to reduce the required front yard setback from 
25 feet to 15 feet. The approval included conditions that a stucco wall of 6 feet 
in height be constructed from northwest corner of the building to the west 
property line to screen the parking area, and that a fence be constructed along 
the entire west property line. 
October 20, 1971
The City of Tempe Design Review Board approved a new 17,280 square foot 
building at the southwest corner of Rural Road and East Hermosa Drive in the 
R-2-A zoning district. 
April 26, 2001
The City of Tempe Hearing Officer approved a Variance request to reduce the

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required south side yard setback from 79 feet to 18 feet for a new 79-foot tall 
communication tower. (BA010093).
February 27, 2019
Staff approved a Building Development Plan Review to allow for an exterior 
remodel of the site, including new site walls, landscaping, and exterior color and 
materials. (BDPR19015). 
January 31, 2025
The Code Compliance Division issues a Correction Notice identifying several 
violations on the subject site, including the operation of an event venue without 
appropriate permissions as well as unpermitted modifications to landscape 
areas. (CM250144)
March 24, 2026
The Development Review Commission is scheduled to hear the request to 
rezone a portion of the site located at 3910 South Rural Road from R/O to CSS.
April 16, 2026
This request is scheduled for the introduction and first City Council public 
hearing.
April 30, 2026
These requests are scheduled for the second City Council public hearing.
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 6-304, Zoning Map Amendment
Section 6-306, Development Plan Review