ORDINANCE_LUXHOLDINGSMDPP_041626.DOC

Ordinance No. O2026.14
1
ORDINANCE NO. O2026.14
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 southwest corner of East Hermosa Drive and South 
Rural Road; 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/O, Residential Office District and 
designating it as CSS, Commercial Shopping and Service on 0.345 acres.
LEGAL DESCRIPTION
See Attachment A, Legal Description
 
TOTAL AREA IS 0.345 GROSS ACRES.

Ordinance No. O2026.14
2
Section 2.  Further, those conditions of approval set forth in Community 
Development Case # PL250166 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 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.
Section 3. 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 ________ day of ________________, 2026.
Corey D. Woods, Mayor
ATTEST:
                                      
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney