ORDINANCE_MARSHALLONSPENCE.DOC

Ordinance No. O2026.xx
1
ORDINANCE NO. O2026.xx
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 to the east of the northeast corner of Rural Road and Spence 
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.
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, Multi-Family Residential General 
district and the CSS, Commercial Shopping and Services and designating it as MU-4, Mixed 
Use District and adding a Planned Area Development Overlay (PAD) on 0.88 acres.
LEGAL DESCRIPTION
See Attachment A, Legal Description
 
TOTAL AREA IS 0.88 GROSS ACRES.

Ordinance No. O2026.xx
2
Section 2.  Further, those conditions of approval imposed by the City Council as part 
of Case # PL240473 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 and the Planned Area Development Overlay approvals shall be 
null and void. 
3.
The Planned Area Development Overlay for the Marshall on Spence 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.
4.
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.
5.
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.
6.
The applicant shall provide an annual parking report to Community Development Planning 
Division on the last week of September for the first four (4) years of operation after issuance 
of certificate of occupancy. Data to be provided shall include: 

Number of employee parking permits (if any)  

Number of on-site permitted vehicles per unit 

Number of guest or customers parked per year (September to September) and 
number of guest parking availability 

Cost of parking permit for residents 

Total occupancy of units  

Number of tenants identified on the lease application who own a vehicle but park 
off-site or have an ASU parking permit.
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)

Ordinance No. O2026.xx
3
days after adoption. 
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, this 
  day of 
, 20      .
Corey D. Woods, Mayor
ATTEST:
                                      
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney