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PL240473 – THE MARSHALL ON SPENCE Page 1 December 11, 2025 STAFF REPORT THE MARSHALL ON SPENCE (PL240473) PROJECT DATA: Project Address 1026 East Spence Avenue Property Owner Tempe Palms LLC Applicant Anthony Vitale, CHA Consulting Zoning District (current/proposed) R-4, CSS / MU-4 Gross / Net site area .88 acres Density / Number of Units 120 du/ac / 105 units Unit Types 21 studio 10 one-bedroom 19 two-bedroom 25 three-bedroom 25 four-bedroom 5 five-bedroom Total Bedrooms 269 bedrooms Total Building Area 170,328 gross s.f. Lot Coverage 75% (50% maximum allowed in CSS; 60% in R-4) Building Height 86’ (35’ in CSS; 40’ in R-4) Building Setbacks 20’ front, 7’ west side, 10’ east side, 12’ rear (0, 0, 0’, 10’ min. in CSS; 20’, 10’ 10’, 10’ min. in R-4) Landscape area 20% (15% minimum in CSS; 25% in R-4) Engineered Shade 496 s.f. Vehicle Parking 89 spaces (250 min. required in CSS and R-4) Bicycle Parking 132 spaces (118 min. required in CSS and R-4) COMMENTS This site is located on the north side of Spence Avenue, east of Rural Road, west of Terrace Road, and is generally located to the northeast of the T-intersection of Spence Avenue and Jentilly Lane. The subject site is made up of two existing parcels that are zoned both as CSS (Commercial Shopping and Services) and R-4 (Multi-Family Residential General). Surrounding uses include multi-family residential uses to the north and east, including the Marshall at Tempe, which was entitled in 2023 and is under construction, single- and multi-family residential uses to the southeast and southwest, respectively, across Spence Avenue, and attached single-family residential uses to the west. The site is currently occupied by a multi-family residential complex known as the Tempe Palms apartments, which was constructed in 1970. The applicant is requesting the City Council take action on DPR240152 Development Plan Review including site plan, building elevations, and landscape plan PL240473 – THE MARSHALL ON SPENCE Page 2 December 11, 2025 ZON240015 Zoning Map Amendment from R-4, Multi-Family Residential General, and CSS, Commercial Shopping and Services, to MU-4, Mixed-Use, High Density. PAD240018 Planned Area Development Overlay to modify the development standards to establish an allowable density of 120 dwelling units per acre, allow for an increase in the maximum building height to 90 feet, an increase in lot coverage to 76%, reduce the required landscaping to 20%, and establish front, side, and rear setbacks. For further processing, the applicant will need approval of a Subdivision Plat to combine the individual lots into one. SITE PLAN REVIEW This project went through four (4) reviews, including two (2) Preliminary Site Plan Reviews (09/18/24 and 11/13/24) and two (2) formal reviews (01/02/25 and 2/19/25). Staff also met with the applicant outside of the formal review process on several occasions to focus on specific subject areas and identify design solutions to comments provided by staff. The applicant made the following modifications to the proposed project in response to staff comments: Reduced building massing along the Spence Avenue frontage by stepping the building back beginning on the fourth floor, with an additional step-back on the fifth floor. The building stepback on the fifth floor and above is the maximum allowable while still meeting the Fire Department’s requirements related to aerial access, as detailed on the Fire Access Plan in the attachments. Reduced the number of driveways from Spence Avenue from two (2) to one (1). Enclosed the parking garage on the first floor and adding metal screening on all parking levels. Detached the sidewalk from the Spence Avenue curb to allow landscaping between the sidewalk and the curb. Modified the interior parking garage to relocate the ramp to the mezzanine level and to reduce conflicts with vehicular traffic coming to and from the development to the north. Increased the quantity of parking provided to meet the parking minimums provided by the Marshall at Tempe project to the northwest. Relocated a transformer from the street frontage and minimized its appearance by recessing it within the front building façade and adding screening on all sides. Shifted the building to the east and provided a landscape buffer along the west property line with trees and understory vegetation to comply with Zoning and Development Code (ZDC) standards. Revised the configuration of the “connection” between the proposed project and the Marshall at Tempe project to the northwest from a curved approach to a straight approach. The applicant also restricted this access to emergency-access only. Adjusted the color palette to replace dark tones with lighter colors. Additionally, the applicant made the following changes to the plans in response to concerns identified by members of the public and by Council members at the June 5, 2025, City Council hearing. Added a 5-foot building stepback on the 7th floor, reducing the quantity of bedrooms by two (2) and increasing the quantity of landscaping provided at the top level. The total step-back from the face of the building is therefore increased from 15 feet to 20 feet. Updated the traffic flow to restrict the primary vehicular driveway on Spence Avenue to ingress-only; all exiting vehicles will instead be routed through the development to the north to exit onto Apache Boulevard. Added a pull-off area on Spence Avenue to accommodate two on-street, short-term parking spaces, which will be signed for 15-minute parking increments. The applicant has provided a complete list of changes from the June 5, 2025, development package, which has been appended to this staff report. PL240473 – THE MARSHALL ON SPENCE Page 3 December 11, 2025 PUBLIC INPUT A neighborhood meeting was required. The neighborhood meeting was held on February 26, 2025, at the Moxy Hotel at 1333 S. Rural Road from 6:00 to 7:00 p.m. Community Development staff attended the meeting. See attached summary of the meeting provided by the applicant. Approximately 10-12 residents attended the meeting. Residents indicated concerns related to the density of the project, the height of the proposed building, and impacts related to traffic along Spence Avenue. Residents also inquired about the status of existing residents of the Tempe Palms apartment complex. Some residents also expressed support for the project and praised new investment at the subject site. As of the completion of this staff report, staff has received one (1) letter of opposition related to this project. The letter identifies concerns associated with the height and with the quantity of vehicles exiting the project onto Spence Avenue. DEVELOPMENT REVIEW COMMISSION One (1) member of the public spoke in opposition to the project at the Development Review Commission hearing and identified concerns with the quantity of parking spaces provided within the development and mitigating traffic onto Spence Avenue. The Development Review Commission stated that it saw the project as appropriate in scale to surrounding uses, and recommended approval by a 6-0 vote with an added stipulation that vehicular access to The Marshall at Tempe to the north be limited to northbound traffic only. PROJECT ANALYSIS GENERAL PLAN The subject site is designated as Mixed-Use Urban in the 2050 General Plan, which allows for densities that exceed 65 dwelling units per acre. The proposed zoning and development pattern comply with the existing land use designation and allowed residential density, and therefore no General Plan Amendment is requested or required as part of this proposal. CHARACTER AREA PLAN The subject site is within the Downtown Tempe / Rio Salado /ASU/ NW Neighborhoods Character Area (also known as Character Area 3). The site is not located within any of the Plan’s subareas, and is thus reviewed against the general areawide guidelines and characteristics. The Character Area promotes balanced streets that include a multimodal transportation options, shaded pedestrian pathways, activated and visible alleys, heat resiliency, and ample bike parking. The Marshall on Spence provides a variety of high-quality materials along its public-facing elevations, activates the street level with commercial activity and a well-defined and distinct building base, and promotes a more walkable, transit-oriented development pattern that is considerate and complementary of surrounding buildings and uses. ZONING The site is currently split-zoned, as the northern portion of the subject site is zoned CSS, and the southern portion is zoned R-4, which allow for commercial and multi-family residential uses, respectively. The proposed Zoning Map Amendment would apply the Mixed-Use, High Density (MU-4) zoning district to the entire site. All Mixed-Use zoning districts emphasize flexibility with respect to development standards, building design, and land uses, and all require residential and non-residential uses to be present within the same site. Because the site is located along a local road and is adjacent to single-family residential homes, which limits the potential viability of larger commercial uses, the commercial floor area is limited to an automatic teller machine (ATM). PL240473 – THE MARSHALL ON SPENCE Page 4 December 11, 2025 All Mixed-Use zoning districts also require a Planned Area Development (PAD) Overlay to be processed simultaneous with the rezone request to establish the site’s unique development standards. As noted above, the proposed zoning conforms to the site’s General Plan land use designation. 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 implements the General Plan and allows for the development of a mixed-use building that offers a wider array of housing and new, contextually appropriate commercial uses. 2. The proposed zoning amendment conforms with and facilitates implementation of the General Plan. The proposed MU-4 zoning conforms to the General Plan 2050 Projected Land Use and Residential Density for the subject site. PLANNED AREA DEVELOPMENT THE MARSHALL ON SPENCE – PAD Overlay Standard CSS R-4 PROPOSED MU-4 (PAD) Change Residential Density (du/ac) 20 25 120 Increase Building Height (feet) [Exceptions, see Section 4-205(A)] Building Height Maximum 35 ft 40 ft. 90 ft. Increase Building Height Step-Back Required Adjacent to SF or MF District [Section 4-404, Building Height Step-Back] Yes Yes No Maximum Lot Coverage (% of net site area) 50% 60% 76% Increase Minimum Landscape Area (% of net site area) 15% 25% 20% - Setbacks (feet) (a) [Exceptions, see Section 4-205(B)] Front Parking 0 ft 20 ft 20 ft 20 ft 20 ft 20 ft No Change Side (West) 0 ft 10 ft 7 ft Decrease Side (East) 0 ft 10 ft 10 ft No Change Rear 10 ft 10 ft 12 ft Increase Vehicle Parking 250 spaces 250 spaces 89 spaces Decrease Bicycle Parking (Office & Call Center) 118 spaces 118 spaces 118 spaces No Change The side setbacks are proposed to be reduced due to the relatively narrow lot width while still allowing for a required landscape buffer on the west side, and the lot coverage is proposed to be increased to allow for a navigable parking garage on the first floor and on a mezzanine level. The proposed building height increase will allow for additional units and greater density, but the building massing is reduced with step-backs on the fourth and fifth floors facing Spence Avenue, and the number of units facing the adjoining single-family residential properties to the west is largely minimized by the building design. The table below summarizes the required and proposed vehicle parking for the project. Unit Type Unit Quantity / SF Ratio Parking Required per ZDC Proposed PAD Ratio Proposed Parking per PAD Studio 21 1 space per unit 21 .31 spaces/bedroom 6.51 1- 10 1.5 space 15 .31 spaces/bedroom 3.10 PL240473 – THE MARSHALL ON SPENCE Page 5 December 11, 2025 bedroom per unit 2- bedroom 19 2 spaces per unit 38 .31 spaces/bedroom 11.78 3- bedroom 25 2.5 spaces per unit 62.5 .31 spaces/bedroom 23.25 4- bedroom 25 3 spaces per unit 75 .31 spaces/bedroom 31 5- bedroom 5 3 spaces per unit 15 .31 spaces/bedroom 7.75 Guest 105 .2 21 .04 spaces per bedroom 4 Retail 120 s.f. 1/300 s.f. 0.4 1/300 s.f. .4 TOTAL 248 89 Below is a comparison of developments within the area, which have a range of densities from 24 to 213 dwelling units per acre and building heights from 34 to 165 feet. The parking ratios vary from site to site, as some meet the minimum required by the base code, others meet the minimum quantities required by the Transportation Overlay District, and others are within Planned Area Development Overlay districts and justified with parking analyses. Based on the total number of spaces provided, with the exception of Eastline Village, which had a Development Agreement that included parking standards, most sites along Apache Boulevard provide a minimum of 1 parking space per residential unit, plus guest and customer parking, though the site directly to the north – the Marshall at Tempe – was approved below this threshold. The applicant is proposing to match the Marshall at Tempe’s parking ratio. Project Location Entitlement Year Density (du/ac) Building Height (ft) Total unit # Parking Provided The Marshall at Tempe 1057 E Apache Blvd 2024 137 92 188 168 Provided 316 Bike Vale Student Housing 921 E Apache Blvd 2024 72 98 277 408 Provided 312 Bike Residences on Main (Mill Haus @ Apache and River) 2125 E Apache Blvd 2021 49 58 219 276 Provided 212 Bike Haven @ Apache 1916 E Apache Blvd 2023 64 75 182 235 Provided 174 Bike Blue @ Eastline Village 2058 E Apache Blvd 2021 46 60 187 218 Provided 184 Bike Aura Apache 1820 E Apache Blvd 2021 60 68 295 362 Provided 287 Bike Apache Rock Apartments 1935 E Apache Blvd 2021 33 47 75 110 Provided 76 Bike Park Place 1317 S Terrace Rd 2018 62 East (67’) West (63’) 285 499 Provided 661 Bike NINE20 (Lemon Mixed Use Development) 919 E Lemon St 2009 78 165 479 1,098 Provided 502 Bike 922 Place (Campus Edge) 922 E Apache Blvd 2008 87 119 132 369 Required 248 Provided Apache Apartments 1111 E Apache Blvd 2019 24 34 111 244 (111 covered) Metro 101 Phase 1 2177 E Apache Blvd 2017 47 67 202 274 Provided 196 Bike PL240473 – THE MARSHALL ON SPENCE Page 6 December 11, 2025 SKYE at McClintock Station (Fore McClintock Station) 1831 E Apache Blvd 2015 32 60 423 631 Provided 418 Bike BLVD 1900 (Campus Suites on the Rail/The Domain) 1900 E Apache Blvd 2012 41 70 299 1033 Provided 351 Bike Eastline Village 2032 E Wildermuth Ave 2016 51 90 698 152 Provided 627 Bike Grigio Metro 1811 E Apache Blvd 2010 37 70 408 944 Provided 98 Bike The District on Apache 977 E Apache Blvd 2013 50 90 279 894 Provided 326 Bike The Carmin (The Rise/The Retreat/The Grove) 1000 E Apache Blvd 2015 213 160 384 417 Provided 394 Bike Array on Apache (Mixed Use Development at Apache & Terrace) 1100 E Apache Blvd 2018 71 94 391 657 Provided 430 Bike The Nexa (The Hayden at Dorsey Station/The Motley) 1221 E Apache Blvd 2016 60 65 399 607 Provided 250 Bike Section 6-305 D. Approval criteria for P.A.D. (in italics): 1. The development fulfills certain goals and objectives in the General Plan and the principles and guidelines of other area policy plans. Performance considerations are established to fulfill those objectives. The proposed development is in conformance with the goals and objectives of the General Plan 2050 and with the guidelines of Character Area 3. 2. Standards requested through the PAD Overlay district shall take into consideration the location and context for the site for which the project is proposed. The development standards proposed by the PAD are compatible with the surrounding uses and buildings, which is in close proximity to multi-model transportation options, as well as the Arizona State University campus in general. 3. The development appropriately mitigates transitional impacts on the immediate surroundings. The proposed standards are characteristic of other developments in close proximity to the subject site. DEVELOPMENT PLAN REVIEW Site Plan The site is located on the north side of Spence Avenue, to the east of Rural Road. A single point of entry to an interior garage, which features an at-grade and mezzanine level, is proposed, with emergency-only egress through the north property line and through The Marshall at Tempe, a mixed- use project that shares a property line with the subject site and access from Apache Boulevard. Although the project is not located within the Transportation Overlay District (TOD), the applicant is proposing to meet several standards associated with the TOD, including an 8-foot wide sidewalk along Spence Avenue. The sidewalk is detached from the curb to allow for landscaping, though the planting palette in the right-of-way landscape area is limited due to Fire Department aerial apparatus staging requirements. The ground floor is set back 20 feet from the right of way from the ground level to the fourth floor; the fifth floor is set back approximately 25 feet; and the sixth floor is set back approximately 30 feet. A proposed at-grade transformer has been recessed into the building face to allow for additional landscaping and to reduce its visual prominence along Spence Avenue. The northern rear setback is 12 feet, the eastern side setback is 10 feet, and the western side setback is 7 feet to allow for a required landscape buffer. The developer is required to reconstruct the wall along the western property line to increase its height to 8 feet, and will utilize the existing or already- approved masonry walls to the north and west. PL240473 – THE MARSHALL ON SPENCE Page 7 December 11, 2025 Building Elevations The proposed building is rectilinear in form with five-foot building step-backs on the fourth and fifth floors that serve to break up the building mass facing Spence Avenue. The public-facing ground floor is defined by a light masonry veneer surrounding storefront fenestration and broken up by steel shade canopies. Upper floors facing Spence Avenue feature a smooth exterior insulation and finish systems (EFIS) material, and the top level along the front-facing elevation features a silver corrugated metal that is intended to blend the building top with the sky. South-facing windows feature shade fins to further break up the massing and create visual interest as the shadows move over the course of the day. The side and rear elevations are primarily made up of a combination of smooth and wood-texture EIFS, with color changes coinciding with changes in the building plane, the color palette for which is intended to complement the Marshall at Tempe project to the northwest. The western side is deeply recessed to allow for two (2) courtyard amenity spaces on the third floor, both of which feature passive amenities, seating areas, and shade structures. The interior parking garage is screened by a metal mesh, painted black, and a fully opaque screen wall for the bottom three feet of each parking level. Landscape Plan Due to the lot’s relatively narrow width, landscaping along the street frontage is limited, though the applicant has maximized the available area to meet all landscaping-related ZDC requirements. Four (4) trees are proposed along the street frontage, including a mix of Chinese Pistache and Southern Live Oak trees, and understory plants include Gold Lantana, Pink Muhly Grass, Texas Shade, and Dwarf Rosemary. In accordance with ZDC requirements, a landscape buffer of at least 6 feet in width is required along the western property line, within which 15 Mulga trees and understory groundcovers such as Creeping Wedelia are required and have been provided. Although not captured by this landscape plan, the Marshall at Tempe to the north and west will provide Ghost Gum trees to serve as a buffer the two sites and offer additional shading and screening. Limited vegetation is proposed to the east, between the building and an existing masonry wall, due to a proposed pathway running the full length of the property. Landscaping, including trees, understory plantings, and artificial turf, are also proposed on the third floor amenity courtyard areas, which provide screening and shade relief. Section 6-306 D Approval criteria for Development Plan Review (in italics): 1. Placement, form, and articulation of buildings and structures provide variety in the streetscape; A variety of exterior materials, shading elements, and building stepbacks are utilized to provide variety in the streetscape and provide pedestrian interest. 2. Building design and orientation, together with landscape, combine to mitigate heat gain/retention while providing shade for energy conservation and human comfort; The building design incorporates pedestrian-level shade canopies as well as shade fins along all south-facing windows, and the building is deeply recessed from the western property line to both allow for courtyard amenity areas and to provide shade along those elevations. The development also utilizes lighter colors to minimize heat absorption. 3. Materials are of a superior quality, providing detail appropriate with their location and function while complementing the surroundings; The quantity of high-quality materials, including masonry veneers, steel shade fins, and wood-textured EIFS is consistent with recent approvals of similar projects and complementary of surrounding uses and buildings. 4. Buildings, structures, and landscape elements are appropriately scaled, relative to the site and surroundings; The proposed building is slightly shorter than The Tempe at Marshall to the north and is of similar size to nearby multi-family residential developments to the west, and all landscape elements are intended to blend in with the surrounding neighborhood. PL240473 – THE MARSHALL ON SPENCE Page 8 December 11, 2025 5. Large building masses are sufficiently articulated so as to relieve monotony and create a sense of movement, resulting in a well-defined base and top, featuring an enhanced pedestrian experience at and near street level; The proposed design features a ground-floor level that is materially different from the upper floors, and the upper floors are broken up both vertically and horizontally with material and color changes, landscape elements, and changes in the surface plane to meet this criterion. 6. Building facades provide architectural detail and interest overall with visibility at street level (in particular, special treatment of windows, entries and walkways with particular attention to proportionality, scale, materials, rhythm, etc.) while responding to varying climatic and contextual conditions; The building presents architectural detail, interest and variation at the street level with a variety of materials and an inviting storefront. Shade canopies and unique window fins serve to further break up the building mass and create a distinctive pattern that shifts as the day progresses and mitigates heat gain. 7. Plans take into account pleasant and convenient access to multi-modal transportation options and support the potential for transit patronage; Due to its proximity to multi-modal transportation options, including the light rail and nearby bike lanes, the project is supportive of pedestrian, bicycle, and transit ridership and provides an environment supportive of alternative modes of transportation. 8. Vehicular circulation is designed to minimize conflicts with pedestrian access and circulation, and with surrounding residential uses; Vehicle access is limited only to Spence Avenue through a single point of entry and exit, with emergency access only to the north to Apache Boulevard. Pedestrian paths are clearly delineated with special attention to site visibility through and exiting the garage. 9. Plans appropriately integrate Crime Prevention Through Environmental Design principles such as territoriality, natural surveillance, access control, activity support, and maintenance; The Police Department has reviewed the project for compliance with CPTED principles, which have been incorporated into the site design. 10. Landscape accents and provides delineation from parking, buildings, driveways and pathways; As presented and described by the applicant submittal and the above analysis, the project meets this criterion. 11. Signs have design, scale, proportion, location and color compatible with the design, colors, orientation and materials of the building or site on which they are located; Signs have been considered in the overall architectural form and will be addressed by separate permit and; 12. Lighting is compatible with the proposed building(s) and adjoining buildings and uses, and does not create negative effects. Lighting will conform to the requirements of the ZDC and will not create nuisance glare to surrounding properties. REASONS FOR APPROVAL: 1. The project meets the General Plan Projected Land Use and Residential Density for this site. 2. The project will meet the development standards required under the Zoning and Development Code. 3. The PAD overlay process was specifically created to allow for greater flexibility, to allow for increased density, heights, lot coverage and building setbacks. 4. The proposed project meets the approval criteria for a Zoning Map Amendment, Planned Area Development, and Development Plan Review. PL240473 – THE MARSHALL ON SPENCE Page 9 December 11, 2025 Based on the information provided and the above analysis, staff recommends approval of the requested Zoning Map Amendment, Planned Area Development, and Development Plan Review. This request meets the required criteria and will conform to the conditions. ZONING AMENDMENT AND PLANNED AREA DEVELOPMENT 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 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 PL240473 – THE MARSHALL ON SPENCE Page 10 December 11, 2025 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. DEVELOPMENT PLAN REVIEW 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. General 1. Except as modified by conditions, development shall be in substantial conformance with the site plan and landscape plan dated 04/28/2025 and building elevations dated 04/23/2025. Minor modifications may be reviewed through the plan check process of construction documents; major modifications will require submittal of a Development Plan Review. 2. The developer must receive approval of the final Traffic Impact Study from the Transportation Division prior to issuance of a building permit or as otherwise determined by the Transportation and Sustainability Department, Transportation Division. 3. An amended Subdivision Plat is required for this development and shall be recorded prior to issuance of building permits. 4. At the time a temporary construction fence is added to the site, a future development sign banner shall be attached to the fence and provide information for the new development, in conformance with the Zoning and Development Code, Section 4-903, Sign Type J. The sign banner shall include: project name/information and future tenant (if known). Images of the project may be included on the banner. A sign permit is required. The building permit plans shall include a note on the plans to provide this future development sign banner on site as long as the construction fencing remains. Site Plan 5. Provide service locations on the northern property (APN 133-10-155; The Marshall at Tempe) for both trash and recycling collection and pick-up on the property; service for each building (The Marshall at Tempe and The Marshall on Spence) shall be conducted on alternating days to accommodate the number of containers being serviced at one time. Property management personnel shall be responsible for moving all solid waste bins to the adjoining property for service. Coordinate the storage areas for refuse and recycling containers with the overall site layout. A cross-refuse agreement shall be required between the two lots. 6. Pursuant to relevant adopted Fire and Building Code requirements, the vehicular connection between the subject site and the adjoining property to the north (APN 133-10- 155; The Marshall at Tempe) shall be modified to allow residents’ vehicles to exit northbound, through the northern property, to access Apache Boulevard. Southbound vehicular traffic from APN 133-10-155 through the subject lot shall ONLY not be permitted DURING EXIGENT CIRCUMSTANCES on a regular ongoing basis. The modifications to the vehicular access design shall be reviewed with the Building Permit application materials and shall be approved prior to the issuance of a Certificate of Occupancy. (ADDED BY COMMISSION) (REQUESTED CHANGE BY THE APPLICANT) PL240473 – THE MARSHALL ON SPENCE Page 11 December 11, 2025 7. Provide service yard and mechanical (cooling tower/generator) yard walls that are at least 8’-0” tall as measured from adjacent grade or are at least the height of the equipment being enclosed, whichever is greater. Verify height of equipment and mounting base to ensure that wall height is adequate to fully screen the equipment. 8. Provide gates of steel vertical picket, steel mesh, steel panel or similar construction. Where a gate has a screen function and is completely opaque, provide vision portals for visual surveillance. Provide gates of height that match that of the adjacent enclosure walls. Review gate hardware with Building Safety and Fire staff and design gate to resolve lock and emergency ingress/egress features that may be required. 9. Provide upgraded paving at each driveway consisting of integral colored unit paving. Begin this paving at the right-of-way line, extending a distance of 20’-0” on-site, and from curb to curb at the drive edges. Between the sidewalk and right-of-way line, provide concrete paving to match the sidewalk. 10. Utility equipment boxes for this development shall be finished in a neutral color (subject to utility provider approval) that complements the coloring of the buildings. 11. Place exterior, freestanding reduced pressure and double check backflow assemblies in pre- manufactured, pre-finished, lockable cages (one assembly per cage). If backflow prevention or similar device is for a 3” or greater water line, delete cage and provide a masonry or concrete screen wall following the requirements of Standard Detail T-214. 12. The above grade amenity deck adjacent to Spence Avenue shall be designed with a minimum 6’- 0” high wall, measured from floor grade, with the top 2’-0” designed with glazing. Landscape planters shall be located on either the exterior or interior of the wall to act as a buffer from the building edge. Floor Plans 13. Provide visual surveillance by means of fire-rated glazing assemblies from stair towers into adjacent circulation spaces. 14. Garage Security: a. Minimize interior partitions or convert these to semi-opaque screens to inhibit hiding behind these features. b. Provide stair exits that are open to the exterior. c. Paint interior wall and overhead surfaces with a highly reflective white color, minimum LRV of 75 percent. d. Maximize openness at the elevator entrances and stair landings to facilitate visual surveillance from these pedestrian circulation areas to the adjacent parking level. 15. Parking Garage: a. Minimum required parking dimensions shall be clear of any obstructions. b. At the ends of dead-end drive aisles, provide a designated turn-around space, minimum 8’-6” clear in width (locate on left side if available), including 3’-0” vehicular maneuvering area for exiting. Turn-around area shall be clearly demarcated. c. Provide a minimum 2’-0” of additional width for parking spaces when adjacent to a continuous wall. d. On the interior side of the garage exit provide MUTCD R1-9a overhead sign with optional “State Law” removed, instructing drivers exiting to stop for pedestrians; sign shall be mounted at garage clearance height. A 12” white stop bar shall be placed at garage exit PL240473 – THE MARSHALL ON SPENCE Page 12 December 11, 2025 at least 4’ from sidewalk with “STOP” marking per Maricopa County Department of Transportation Pavement Marking Manual prior to the stop bar. e. On the exterior side of the garage exit provide audial and visual warning device to alert pedestrians of oncoming vehicle traffic exiting the garage. Building Elevations 16. The materials and colors are approved as presented: Provide primary building colors and materials with a light reflectance value of 75 percent or less. 17. A minimum of the first three (3) feet of each parking structure level (ground floor and above grade) must be screened with a 100% opaque material, which shall be finished to complement the building design. 18. Roof access shall be from the interior of the building. Do not expose roof access to public view. 19. Conceal roof drainage system within the interior of the building. 20. Exterior vents shall be architecturally integrated with the adjacent materials and matching colors specified on each elevation. 21. Incorporate lighting, address signs, and incidental equipment attachments (alarm klaxons, security cameras, etc.) where exposed into the design of the building elevations. Exposed conduit, piping, or related materials is not permitted. 22. Locate the electrical service entrance section (S.E.S.) inside the building or inside a secure yard that is concealed from public view. 23. To improve the security of the building, individual balcony heights shall be raised from the standard 3’-6” height to a minimum of 4’-4” in height to the top of the railing. PL240473 – THE MARSHALL ON SPENCE Page 13 December 11, 2025 24. To improve the surveillance of the building, CCTV cameras shall be provided at the exterior of the building prior to issuance of the first Certificate of Occupancy, subject to review through the Police Department’s security plan process. Lighting 25. This project shall follow requirements of ZDC Part 4, Chapter 8, Lighting, unless otherwise conditioned. 26. Illuminate building entrances and underside of open stair landings from dusk to dawn to assist with visual surveillance at these locations. Landscape 27. Arterial street trees shall be a minimum of 36” box specimens and a minimum of 1 ½” caliper trunk. 28. Irrigation notes: a. Provide pipe distribution system of buried rigid (polyvinylchloride), not flexible (polyethylene). Use of schedule 40 PVC mainline and class 315 PVC ½” feeder line is acceptable. Class 200 PVC feeder line may be used for sizes greater than ½”. Provide details of water distribution system. b. Locate valve controller in a vandal resistant housing. c. Hardwire power source to controller (a receptacle connection is not allowed). d. Controller valve wire conduit may be exposed if the controller remains in the mechanical yard. 29. Include requirement to de-compact soil in planting areas on site and in public right of way and remove construction debris from planting areas prior to landscape installation. 30. Top dress planting areas with a rock or decomposed granite application. Provide rock or decomposed granite of 2” uniform thickness. Provide pre-emergence weed control application and do not underlay rock or decomposed granite application with plastic. Building Address 31. Verify property address and submit a PDF copy of the site plan with unit floor plans for permanent addressing to permitcenter@tempe.gov prior to submittal of construction documents. 32. Provide address sign(s) on the building elevation facing the street to which the property is identified. a. Conform to the following for building address signs: 1) Provide street number only, not the street name 2) Compose of 12” high, individual mount, metal reverse pan channel characters. 3) Self-illuminated or dedicated light source. 4) On multi-story buildings, locate no higher than the second level. 5) Coordinate address signs with trees, vines, or other landscaping, to avoid any potential visual obstruction. 6) Do not affix numbers or letters to elevation that might be mistaken for the address. b. Utility meters shall utilize a minimum 1” number height in accordance with the applicable electrical code and utility company standards. 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. PL240473 – THE MARSHALL ON SPENCE Page 14 December 11, 2025 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. DEADLINE: Development plan approval shall be void if the development is not commenced or if an application for a building permit has not been submitted, whichever is applicable, within twelve (12) months after the approval is granted or within the time stipulated by the decision-making body. A complete building permit application shall be made on or before two (2) years from the date of city council approval or within a time stipulated as a condition of approval, when development plan review application is processed concurrently with a PAD Overlay District. The period of approval is extended upon the time review limitations set forth for building permit applications, pursuant to Tempe Building Safety Administrative Code, Section 8-104.15. An expiration of the building permit application will result in expiration of the development plan. 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. COMMUNICATIONS: For building height in excess of 50’-0”, design top of building and parapet to allow cellular communications providers to incorporate antenna within the building architecture so future installations may be concealed with little or no building elevation modification. 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 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 PL240473 – THE MARSHALL ON SPENCE Page 15 December 11, 2025 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. Provide method of override access for Police Department (punch pad or similar) to controlled access areas including pool, clubhouse or other gated common areas. 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. TRAFFIC ENGINEERING: Provide 8’-0” wide public sidewalk along arterial roadways, or as required by Traffic Engineering Design Criteria and Standard Details. Construct driveways in public right of way in conformance with Standard Detail T-320. Alternatively, the installation of driveways with return type curbs as indicated, similar to Standard Detail T-319, requires permission of Public Works, Traffic Engineering. Correctly indicate clear vision triangles at driveways on the site and landscape plans. Identify speed limits for adjacent streets at the site frontages. Begin sight triangle in driveways at point 15’-0” from face of curb. Consult Intersection Sight Distance memo, available from Traffic Engineering if needed https://www.tempe.gov/home/showpublisheddocument/6815/635323967996830000. Do not locate site furnishings, screen walls or other visual obstructions over 2’-0” tall (except canopy trees are allowed) within each clear vision triangle. FIRE: Clearly define the fire lanes. Ensure that there is at least a 20’-0” horizontal width, and a 14’-0” vertical clearance from the fire lane surface to the underside of tree canopies or overhead structures. Layout and details of fire lanes are subject to Fire Department approval. Provide a fire command room(s) on the ground floor of the building(s). Verify size and location with Fire Department. PRIVATE DEVELOPMENT ENGINEERING: An Encroachment Permit or License Agreement must be obtained from the City for any PL240473 – THE MARSHALL ON SPENCE Page 16 December 11, 2025 approved projections into the right of way or crossing of a public utility easement, prior to submittal of construction documents. An Encroachment Permit is required for any approved encroachment, temporary and removable in nature, that lies within, over or across any public Right of Way. A License Agreement will be required for any approved permanent structural encroachment into the Right of Way (roadway easements and PUE’s are included by Tempe City Code definition). Permanent overhead structures will not be allowed above public water or sewer easements unless the vertical clearance is greater than 30 ft. per Engineering Design Criteria. All existing overhead utilities on or adjacent to site must be placed underground, including street crossings, per City of Tempe Code, Section 25-120 thru 25-126 & Ord # 88.85 except for transmission lines (greater than 12.5 kv). Coordinate site layout with utility provider(s) to provide adequate access easement(s). This is a private easement between the property owner and the utility company Clearly indicate right-of-way dimensions and property lines with dimensions, bearings and distances. Verify and show location of all easements, or property restrictions, to ensure no conflict exists with the site layout or foundation design. Provide recording number of existing easements. Any easements not dedicated to the city shall be labeled as private. Steel bar/cable soil nails, tiebacks, foundations, piles, and any associated shoring items are not allowed within the City Right-of-Way and easements. No foundations, shoring, soldier piles, and soil nails shall impact the right-of-way, easements, or adjacent properties. For tie-backs encroaching private property, the applicant/developer shall provide a notarized agreement between the applicant/developer and the adjacent property title owner agreeing to the proposed encroachment. 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. Roll-outs may be allowed for recycled materials. Coordinate storage area for recycling containers with overall site layout. 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 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. PL240473 – THE MARSHALL ON SPENCE Page 17 December 11, 2025 LIGHTING: Plans shall include the nearest adjacent street lights to the development. Street lights 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: May 4, 1943 The subject site is platted as a portion of lots 10 and 11 of the Jen Tilly Terrace subdivision. September 29, 1970 A Certificate of Occupancy is issued for the Tempe Palms apartment complex. February 26, 2025 The applicant held a neighborhood meeting. May 13, 2025 The Development Review Commission voted 6-0 to recommend approval of The Marshall on Spence (PL240473), with an added stipulation related to vehicular access between the subject site and The Marshall at Tempe to the north. June 5, 2025 These requests are scheduled for the introduction and first City Council public hearing. PL240473 – THE MARSHALL ON SPENCE Page 18 December 11, 2025 July 1, 2025 These requests are scheduled for the second City Council public hearing. August 28, 2025 At the request of the applicant, these requests were continued from the second City Council public hearing originally scheduled for July 1, 2025, to a date certain of August 28, 2025. October 16, 2025 At the request of the applicant, these requests were continued from the second City Council public hearing originally scheduled for August 28, 2025, to a date certain of October 16, 2025. December 11, 2025 At the request of the applicant, these requests were continued from the second City Council public hearing originally scheduled for October 16, 2025 to a date certain of December 11, 2025. April 16, 2026 At the request of the applicant, these requests were continued from the second City Council public hearing originally scheduled for December 11, 2025 to a date certain of April 16, 2026. ZONING AND DEVELOPMENT CODE REFERENCE: Section 6-304, Zoning Map Amendment Section 6-305, Planned Area Development Overlay Districts Section 6-306, Development Plan Review Section 6-307, Subdivisions, Lot Splits and Adjustments