O2026.XX ORDINANCE AMENDING TEMPE ZDC PART 5 OVERLAY ZONING DISTRICTS CHAPTER 6 TRANSP. OVERLAY DIST.DOCX
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Ordinance No. O2026.29 - 1 - ORDINANCE NO. O2026.29 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. 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 City Council has received a recommendation of approval from the Development Review Commission; and WHEREAS, the City 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. Tempe Zoning and Development Code, Chapter 6, Transportation Overlay District, Section 5-602 – Boundaries, is hereby 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. O2026.29 - 2 - 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. Tempe Zoning and Development Code, Chapter 6, Transportation Overlay District, Section 5-602, Boundaries, Figure 5-602A, Transportation Overlay District Boundary Map, is hereby deleted and replaced as follows: Ordinance No. O2026.29 - 3 - Figure 5-602A. Transportation Overlay District Boundary Map Section 3. Tempe Zoning and Development Code, Chapter 6, Transportation Overlay District, Section 5-603, Applicability is hereby 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. O2026.29 - 4 - 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. 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 Ordinance No. O2026.29 - 5 - amendment pursuant to Section 6-304 Zoning Map Amendments and Code Text Amendments. Section 4. Tempe Zoning and Development Code, Chapter 6, Transportation Overlay District, Section 5-612 - Pedestrian Oriented Design Standards, is hereby 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. the THE 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 square feet of floor area. Parking waived for 25 percent of floor area, not to exceed 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 Ordinance No. O2026.29 - 6 - 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. O2026.29 - 7 - 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 Ordinance No. O2026.29 - 8 - d. Critical linkages 4. Opportunity Site Assessment a. Underutilized property analysis b. City controlled property c. Opportunity site options 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 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. Tempe Zoning and Development Code, Chapter 6, Transportation Overlay District, is hereby amended to add new Section 5-613, Parking Standards, as follows: SECTION 5-613 - PARKING STANDARDS. Ordinance No. O2026.29 - 9 - 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). 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. 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/ass embly, 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 Ordinance No. O2026.29 - 10 - 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 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. If any section, subsection, sentence clause, phrase, or portion of this ordinance or any part of the code adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 8. All ordinances and parts of ordinances in conflict with the provisions of the Code adopted herein are hereby repealed. Ordinance No. O2026.29 - 11 - Section 9. The City Clerk is hereby authorized to correct clerical and grammatical errors, if any, related to this ordinance, and to make formatting changes appropriate for purposes of clarity, form, or consistency with the Tempe City Code or Zoning Development Code. Section 10. The various City officers and employees are hereby authorized and directed to perform all acts necessary to give effect to this ordinance. Section 11. 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 25th day of June, 2026. ____________________________ Corey D. Woods, Mayor ATTEST: ___________________________________ Kara A. DeArrastia, City Clerk APPROVED AS TO FORM: ___________________________________ Eric C. Anderson, City Attorney