DRAFT ORDINANCE_OXXXXXX_TOD PARKING (4.21.26).DOCX
City of Tempe — Development Review Commission Regular Meeting (2026-05-12)
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Ordinance No. O2026.XX
- 1 -
ORDINANCE NO. O2026.XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPE,
ARIZONA, AMENDING THE TEMPE ZONING AND DEVELOPMENT
CODE BY AMENDING PART 5 – OVERLAY ZONING DISTRICTS,
CHAPTER 6, TRANSPORTATION OVERLAY DISTRICT, SECTION 5-602
- BOUNDARIES AND SECTION 5-612 - PEDESTRIAN ORIENTED
DESIGN STANDARDS, AND ADDING SECTION 5-613 – PARKING
STANDARDS; INCORPORATING THE RECITALS BY REFERENCE;
ESTABLISHING A PURPOSE; SETTING FORTH DEFINITIONS;
PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tempe has considered changes to the zoning code text in relation
to parking standards in the Transportation Overlay District; and
WHEREAS, the Community Development Director has reviewed the code text
amendment and determined this ordinance 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 text amendment is in the public interest;
2) The proposed zoning text 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 text amendment is compatible with the surrounding land uses,
zoning designations and development standards; and
4) The proposed zoning text amendment mitigates impacts on land use and or transportation.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TEMPE, ARIZONA, as follows:
SECTION 1. Whereas Section 5-602 – Boundaries, of the Zoning and Development
Code, shall be amended as follows:
The location and boundaries of the Transportation Overlay District are established as
shown on the map entitled "Zoning Map, City of Tempe," dated June 1, 2006, as
amended.
A.
Properties are within the District if any portion of the parcel or development is:
Ordinance No. O2026.XX
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1.
Adjacent to a public right-of-way located within one thousand nine hundred fifty
(1,950) linear feet from the center of a light rail station platform, measured
along the center of the public right-of-way; or
2.
Along a corridor ranging in width up to eight hundred (800) feet, centered on
the light rail line.
B. Properties are within a station area if any portion of the parcel or development is:
1.
Adjacent to a public right-of-way located within eight hundred (800) linear feet
of a light rail station platform, measured along the center of any public right of
way and including only properties adjacent to the public right-of-way.
C. THERE ARE SEVEN (7) STATION AREAS LOCATED WITHIN THE
TRANSPORTATION OVERLAY DISTRICT:
1. MILL AVENUE AND THIRD STREET;
2. VETERANS WAY AND COLLEGE AVENUE;
3. UNIVERSITY DRIVE AND RURAL ROAD;
4. DORSEY LANE AND APACHE BOULEVARD;
5. MCCLINTOCK DRIVE AND APACHE BOULEVARD;
6. SMITH-MARTIN AND APACHE BOULEVARD; AND
7. PRICE-101 AND APACHE BOULEVARD.
C. D. If any portion of a property falls within the boundaries established above, the
balance of the property shall comply with these standards. For the purposes of
determining development standard within the District, any property not within a station
area is referred to as being in the corridor.
SECTION 2. Whereas Figure 5-602A of Section 5-602 – Transportation Overlay District
Boundary Map of the Zoning and Development Code, shall be deleted and replaced as
follows:
Figure 5-602A. Transportation Overlay District Boundary Map
Ordinance No. O2026.XX
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SECTION 3. Whereas Section 5-603 – Applicability of the Zoning and Development Code
shall be amended as follows:
A. Applicability. This chapter applies to all land use and development activity within
the boundaries of the Transportation Overlay District except existing properties
within the Single-Family Residential, Agricultural, Mobile Home or Mixed-Use-
Educational zoned districts, or property within a Planned Area Development (PAD)
recorded prior to the date of adoption of this Overlay. Regulations contained in this
Chapter supplement and modify the provisions in many of the underlying zoning
districts.
B. Conformance. A project can meet the requirements of the Chapter by:
Ordinance No. O2026.XX
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1. Option A: Submitting and receiving approval for a project that conforms to
the standards of the Chapter. These standards represent generally the level
of transportation orientation the City requires.
2. Option B: Submitting and receiving approval for a project that generally
conforms to the intent of the Transportation Overlay District as outlined in
the purpose and objectives in Section 5-601 of this Chapter, while not
meeting the literal standards of this Chapter. General conformance to the
intent of this Chapter shall be determined through the development
plan review process defined below:
The Applicant provides the Community Development Director or designee
a written letter
requesting Option B. The letter should describe how
the objectives in Section 5-601 and the pedestrian environment in Figure 5-
612G are being met by the proposed development project. The letter must
specify what deviations from the Overlay District standard(s) are being
requested and how equivalency is being achieved. Within fourteen (14)
business days the Community Development Director, or designee, will
review the request and provide a written response specifying which
deviations are determined to meet, as well as those that have not met, an
equivalency to the intent of this Code.
3. Option C: If an applicant is unable to use options listed above, the applicant
may propose a zoning map amendment to a district allowing standards
desired, using the process defined in Section 6-304 Zoning Map
Amendments and Code Text Amendments; use a Planned Area
Development Overlay as defined in Section 6-305 Planned Area
Development Overlay Districts; request a use permit as needed, using the
process defined in Section 6-308 Use Permit; or request a variance using
the process defined in Section 6-309 Variances. Use of any of these
requested processes are not a guarantee of the desired entitlements;
granting of requests is determined by the authorized legislative body.
C. Amendments:
1. Zoning map amendments for a property that results in changes to zoning
districts that are currently exempt from the Overlay, will require an
amendment to this Overlay, in order to include the property.
2. Subdivision plat amendments for a property that is within, or adjacent to,
the Overlay will require an amendment to this Overly OVERLAY to either
include or exclude the property, depending on whether the new parcels are
inside or outside of the defined boundaries of the Overlay.
Ordinance No. O2026.XX
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3. A property that is outside the Overlay District may be added to the Overlay
if it is adjacent to a property, OR A PROPERTY SEPARATED BY A PUBLIC
STREET OR ALLEY, that is within the boundaries of the Overlay, AND
WITHIN 800 FEET OF THE CENTERLINE OF A STREET FOR AREAS
WITHIN A FUTURE STREETCAR ALIGNMENT. The property owner must
obtain a zoning map amendment pursuant to Section 6-304 Zoning Map
Amendments and Code Text Amendments.
SECTION 4. Whereas Section 5-612 - Pedestrian Oriented Design Standards of the
Zoning and Development Code shall be amended as follows:
SECTION 5-612 – PEDESTRIAN ORIENTED DESIGN STANDARDS.
A. Purpose. Since all trips begin and end as pedestrian trips, the quality of the pedestrian
environment and the nature of the pedestrian linkages between land uses and
transportation modes play a large role in the success of this multi-modal transportation
system. tThe purpose of this section is to require a quality of urban design that attracts
and encourages pedestrian activity, creates a safe, accessible, comfortable and pleasant
environment for people and minimizes conflicts between vehicles and pedestrians.
J.
Minimum Parking Ratios. The purpose of this section is to provide an optional
reduction in parking to developments within the Overlay District; this may be done
at the time of development, or planned into a future phasing to assure parking
availability prior to light rail construction. The minimum number of required parking
spaces, as provided in Section 4-603, is reduced for commercial uses that meet the
criteria in Table 5-612A. The other methods of parking reduction (shared parking,
parking demand model) provided in Section 4-604 Shared Parking, are also
available for use in the Transportation Overlay District.
Table 5-612A - Transportation Overlay District Reductions to Minimum Parking
Developments
Within
Station Areas
Developments
Within
Corridor
Retail sales and service uses; customer
service offices; and entertainment uses,
excluding theaters.
Parking waived for
50 percent of floor
area not to exceed
30,000 square feet of
floor area.
Parking waived for
25 percent of floor
area not to exceed
10,000 square feet of
floor area.
Theaters
Parking waived for
first 150 seats.
Parking waived for
first 50 seats.
Restaurants, Bars and Clubs
Parking waived for
50 percent of floor
area not exceed 2,500
Parking waived for
25 percent of floor
area, not to exceed
Ordinance No. O2026.XX
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square feet of floor
area.
1,250 square feet of
floor area.
Multi-Family Use
0.75 parking spaces
per bedroom (round
up to whole number)
plus guest parking.
0.75 parking spaces
per bedroom (round
up to whole number)
plus guest parking.
Outdoor Dining Area
No Standard
No Standard
K.
Maximum Parking Ratios. Uses in the Transportation Overlay District shall
conform to the maximum parking ratios in Section 4-603(E).
L.
On-Street Parking. When allowed within the street right-of-way, on-street parking
along the lot frontage shall count towards the parking requirement for uses on the
lot.
M.J.Sidewalk Standards. Public sidewalks within the Transportation Overlay District
shall have a minimum width of eight (8) feet, unobstructed by light poles, parking
meters, street furniture, plant materials, fences, fire hydrants, or other obstructions.
EXCEPTIONS MAY BE MADE ON NEIGHBORHOOD OR LOCAL STREETS
SUBJECT TO TRAFFIC ENGINEERING APPROVAL.
N. K. Landscape Standards. All standards and restrictions of Part 4 Chapter 7,
Landscape Standards, are applicable, with the following additions and exceptions:
1.
Plant materials within five (5) feet of sidewalks or bike lanes shall not
include any plants with thorns, spines or sharp points;
2.
Trees shall be planted within six (6) feet of sidewalks, or as determined by
the Public Works Department to provide sufficient shade when trees have grown to
mature form; and
3.
Mature trees must be trimmed for an eight (8) feet clear vertical height
from top of walkway surface to the bottom of the tree canopy.
O.L.Loading, Delivery, and Service Entrances. Site design must accommodate
loading needs while preserving accessibility, mobility and safety for all other users.
1.
Provide sufficient space for safe maneuvering and ingress and egress of
larger vehicles. Through-access solutions should be provided to minimize or
eliminate turning within parking lots and minimize the amount of needed
hardscaped area for maneuvering.
2. Provide signs at entrance and exit points for loading and delivery, and provide
audible signal when vehicle approaches pedestrian paths where appropriate.
Understandable right-of-way signage shall be provided where truck, auto,
pedestrian and bike conflicts may occur.
3.
Delivery vehicles should access loading from alleys or side streets where
possible to minimize conflicts along heavy traffic areas.
4. Deliveries during daylight off-peak traffic hours are preferred (when noise is not
in conflict with residential uses).
Ordinance No. O2026.XX
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5. DROP OFF AND PICKUP SPACES FOR PASSENGER RIDE SHARE SHALL
NOT OCCUPY REQUIRED PARKING OR TRAVEL LANES AND SHALL BE
CLEARLY VISIBLE AND ACCESSIBLE TO DEVELOPMENT ENTRANCES.
P. M. Open Space. Station areas shall include public open space as defined and
determined within Station Area Plans. Within the corridor, public plazas, pocket
parks, roof top gardens, courtyards and other forms of open space are encouraged.
Retention areas may be used for park and recreation amenities as long as the
primary use for storm water retention is still met. Pedestrian connections and
corridors from neighborhoods through developments are encouraged to provide
connectivity to open space amenities.
Q.N.
Station Areas. Station Area Plans will provide additional planning needs around
light rail stations and identify future development opportunities. Station area plans
identify land uses around each station, and design and development guidelines that
can enhance the pedestrian environment and encourage transit ridership for the
system. The station area plans shall define other design standards determined
necessary to achieve a specific character for an area. The station area planning
process can also evaluate the need for expanded TOD boundaries and/or creating
pedestrian linkages along streets as needed. This would result in an amendment to
the TOD. Station area planning may include a combination of any of the following:
1. Land Use Inventory
a. Existing and projected land uses
b. Zoning analysis
c. Land ownership analysis
d. Open space assessment
e. Vacant land inventory
2. Neighborhood Character Analysis
a. Visioning process
b. Neighborhood focus groups
3. Light Rail Station Connectivity
a. Bike, pedestrian, bus and vehicular linkages
b. Neighborhood connections
c. Off-street paths, canals or trails
d. Critical linkages
4. Opportunity Site Assessment
a. Underutilized property analysis
b. City controlled property
c. Opportunity site options
Ordinance No. O2026.XX
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5. Streetscape Design
a. Street lighting and furniture
b. Landscape improvements
c. Shade
d. Public art
6. Best Practices in Other Cities
7. Community Outreach
a. Neighborhoods, businesses and developers
R.O.
Shade Standards. Public sidewalks shall be shaded with a minimum of thirty-
three percent (33%) full shade. Shade may be provided by trees, green walls,
trellises, canopies, or other structural features. Shade shall cover the walkable
surface at 3:00 p.m. on the date of the summer solstice, verified by a development
shadow study. Shade calculations for trees will assume canopy growth at five (5)
years from planting.
S.P.Structural Encroachment Standard. The encroachment of buildings and
structures including marquees, awnings, balconies, and other architectural
projections is permitted on a case by case basis with review by the City Engineer,
or designee, as part of the encroachment permit process defined in Tempe City
Code Chapter 8, Section 3202—3206. In addition to the encroachment permit,
sidewalk cafes are required to obtain a specialty license from the City of Tempe's
Tax and License Division, using the process defined in Tempe City Code Chapter
24, Division 4.
SECTION 5. Whereas Section 5-613 – Parking Standards, of the Zoning and
Development Code, shall be added as follows:
SECTION 5-613 - PARKING STANDARDS.
A. THE PURPOSE OF THIS SECTION IS TO PROVIDE AN OPTIONAL REDUCTION IN
PARKING TO DEVELOPMENTS WITHIN THE OVERLAY DISTRICT; THIS MAY BE
DONE AT THE TIME OF DEVELOPMENT OR PLANNED INTO A FUTURE PHASE
TO ASSURE PARKING AVAILABILITY. THE MINIMUM NUMBER OF REQUIRED
PARKING SPACES, AS PROVIDED IN SECTION 4-603, IS REDUCED FOR USES
THAT MEET THE CRITERIA IN TABLE 5-613A. THE OTHER METHODS OF
PARKING REDUCTION (SHARED PARKING, PARKING DEMAND MODEL)
PROVIDED IN SECTION 4-604 SHARED PARKING, ARE ALSO AVAILABLE FOR
USE IN THE TRANSPORTATION OVERLAY DISTRICT.
B. USES IN THE TRANSPORTATION OVERLAY DISTRICT SHALL CONFORM TO
THE MAXIMUM PARKING RATIOS IN SECTION 4-603 (E).
Ordinance No. O2026.XX
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C.ON-STREET PARKING. WHEN ALLOWED WITHIN THE STREET RIGHT-OF-WAY,
ON-STREET PARKING ALONG THE LOT FRONTAGE SHALL COUNT TOWARDS
THE PARKING REQUIREMENT FOR USES ON THE LOT.
D.FOR MIXED-USE DEVELOPMENTS, THE MINIMUM NUMBER OF PARKING
SPACES SHALL BE THE SUM OF THE REQUIRED PARKING PER USE WITHIN
THE DEVELOPMENT, BASED ON TABLE 5-613A.
(NEW TABLE 5-613A ADDED HERE)
TABLE 5-613A – TRANSPORTATION OVERLAY DISTRICT REDUCTIONS TO MINIMUM PARKING
Single-Family
Uses
Multi-Family
All types of
commercial uses,
including retail,
restaurant, bar,
office, and
conference/assem
bly, excluding
hotels /assembly
Hotels
STATION AREA
1.
Mill Avenue
and Third
Street
2.
Veterans Way
(5th Street)
and College
Avenue
Refer to Section 4-
607 - Downtown
Parking Standards
Refer to Section 4-
607 - Downtown
Parking Standards
Refer to Section 4-
607 - Downtown
Parking Standards
Refer to Section 4-
607 - Downtown
Parking Standards
3.
University
Drive and
Rural Road
4.
Dorsey Lane
and Apache
Boulevard
1 space per unit +
0.1 unrestricted
guest spaces per
unit 1
0.4 spaces per
bedroom + 0.1
unrestricted guest
spaces per unit 1
1 space per 500 SF
0.5 spaces per
hotel unit, +
commercial. First
5,000 SF waived
for commercial; 1
space per 500 SF
thereafter
5.
McClintock
Drive and
Apache
Boulevard
6.
Smith-Martin
and Apache
Boulevard
7.
Price-101 and
Apache
Boulevard
1 space per unit +
0.1 unrestricted
guest spaces per
unit 1
0.5 spaces per
bedroom + 0.1
unrestricted guest
spaces per unit 1
1 space per 500 SF
0.5 spaces per
hotel unit, +
commercial. First
5,000 SF waived
for commercial; 1
space per 500 SF
thereafter
WITHIN
CORRIDOR
1 space per unit +
0.2 unrestricted
guest spaces per
unit 1
0.5 spaces per
bedroom + 0.2
unrestricted guest
spaces per unit 1
1 space per 500 SF
0.5 spaces per
hotel unit +
commercial
Ordinance No. O2026.XX
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1Unrestricted guest space means parking accessible to visitors or customers without reservation or restriction,
including on street, and does not preclude parking for a fee such as gated, commercial or park and ride lots.
SECTION 6. Pursuant to A.R.S. § 9-462.01(J), the City Council has considered
the probable impact of this zoning ordinance on the cost to construct housing for sale or
rent.
SECTION 7. 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