Tempe approves DeWitt, Tempe 11 mixed-use projects; homeless outreach volunteers decry service restrictions

Tempe Council Approves Mixed-Use Projects While Homeless Outreach Volunteers Describe Restrictions on Life-Saving Park Services

Tempe City Council approved multiple residential and mixed-use developments on September 23, 2022, but the meeting's most dramatic moments came during public comment, when eight volunteers testified that recent city actions have forced them to halt or relocate street outreach, meal programs, and harm-reduction services they had operated for years in city parks. The council took no action on the restrictions, and the organizations—Heiress Foundation, Easy Hugs for the Houseless, and Care 7—left uncertain whether they can resume their work.

Key Speeches

"Over the last six and a half years we have been providing an event for the homeless population within the City of Tempe at JC Park and we have been there every single Tuesday without missing one for six and a half years. We've served 65,000 meals, provided 31,000 pairs of socks, approximately 52,000 peanut butter and jelly sandwiches, and the number that matters is the 227 people that we've helped to get off the streets." — Catherine Kublas Edict, founder, Heiress Foundation

"I am an addict and I was on the street for several years. My first night being homeless was actually spent in JC Park. Eventually it came to the point that I had to trust somebody and it was a stranger. Now I have 10 years of cleaning time under my belt, and part of my recovery is to give back what was really given to me. I am not going to give that up in any way shape or form over the actions of everybody in the last couple weeks." — Ted Gutierrez, volunteer, Heiress Foundation

"When police action clears a group from a certain area you can see there is a tidal wave of humanity seeking a new place of safety to settle. As the issue of homelessness grows across the nation, groups at the grassroots of the issue working to alleviate the suffering—the Heiress Foundation is a great example. We are not contributing to the numbers of the community we serve. No one is becoming homeless to take advantage of what we have to offer in the parks." — Reverend Rosemary Anderson, community advocate

"We started the Sunday family picnic which we've been running at Tempe Beach Park for the last two years. In doing that we've seen the incredible value of these mutual aid events. Every single week we are connecting people to detox services, to rehab, to shelter. Today for example we got two different people to detox from the City of Tempe and they're detoxing tonight." — Austin Davis, founder, Easy Hugs for the Houseless

"The Heiress Foundation is one component that has literally saved my life, no joke. Without Catherine and without this group, period—hands down—if the impact that we're able to have is dealing with a portion of the population that is on the periphery, marginalized, overlooked 99% of their day, 99% of their week. That time on Tuesday we get to look them in the eyes and have conversations nobody wants to have or tries desperately to avoid." — Dustin Woodward, volunteer and person in recovery

Timeline

Public Testimony on Homeless Services (Items 6 & 10):

• Speakers: Eight public comments over approximately 40 minutes. Speakers included Catherine Kublas Edict (Heiress Foundation), Ted Gutierrez, Reverend Rosemary Anderson, Austin Davis (Easy Hugs for the Houseless), Dustin Woodward, Nick Baker, Benjamin Tiso, Dustin Pauls, and Arnab Tahir Kabir. Sam Dayton also spoke during Item 10 regarding Danelle Plaza development.
• Key themes: Volunteers described 6+ years of continuous Tuesday services at JC Park, Sunday family picnics at Tempe Beach Park, Narcan distribution (6,240 kits per year), and direct results—227 people housed, two individuals connected to detox on the day of the meeting. Multiple speakers drew from personal recovery narratives, emphasizing how these programs had saved their lives. All pledged to continue despite restrictions, though none stated where future services would operate.
• Council response: No formal response, questions, or motion. Corey D Woods stated council members are "prohibited by state law from taking action on or commenting on or discussing a matter raised by a member of the public" so long as it is not listed on the agenda.

DeWitt at North Miller Road (Item 8C3):

• Applicant presentation: Charles Hummel (or similar spelling, transcript phonetic) and Brian Kearney, Catella Development Corporation. Presentation detailed a 6-story mixed-use development at 907 North Miller Road: 207 dwelling units, ground-floor retail, strategic location near 202 and 101 freeway access, adjacent to Indian Bend Wash.
• Community support: Darlene Justice, longtime Tempe resident and community advocate, spoke in favor, emphasizing the project's proximity to freeway access, appropriate density for the location, and compatibility with the adjacent Indian Bend Wash corridor.
• Council discussion: Jennifer Adams noted her support and thanked the applicant for communication. Randy Keating praised both Charles Hummel and Darlene Justice for community engagement and noted that positive community testimony provided a "breath of fresh air" versus typical negative comment patterns.
• Vote: Two separate votes required. General plan amendment: 7-0. Zoning, PAD, and development plan: 7-0.

Tempe 11 Single-Family Development (Item 8C1):

• Project: Two-story, 11-unit single-family development on 0.59 acres at 408 South Roosevelt Street. Applicant: AJT Development LLC.
• Applicant: Declined to present.
• Vote: 6-0, with Randy Keating absent.

Butler Gray House Historic Preservation (Item 8C2):

• Background: Effort to preserve the historic Butler Gray house at 1220 South Mill Avenue through lot split, removing historic overlay from rear lot while retaining it on front for five years.
• Community comment: Darlene Justice requested council consider a future bond issue for historic property preservation, noting other at-risk properties like Tempe Women's Club. She noted that the current approach is creative but temporary, and bond funding could systematically protect properties through purchase and resale with deed restrictions.
• Staff acknowledgment: Arlene Chin specifically thanked Jeff Tammy Levitch and Ryan Lebeake for creative problem-solving on this complex preservation challenge.
• Vote: 7-0.

Novus Innovation Corridor Phase 3 (Item 8B1):

• Request: Increase hotel keys from 425 to 465 (40 additional) in ASU Athletic Facilities District, Parcel 3A at 6th Street and Rural Road.
• Applicant presentation: Manchester (Cambridge and Burnham Law Firm) and Brian Kearney, Catella Development Corporation. Detailed the broader 8.5-million-square-foot Novus master plan, including mixed-use retail (Novus Place), residential, office, and hotels. Traffic study showed new plan generates less traffic than prior plan.
• Council comment: Jennifer Adams expressed support. Councilmember Barrera thanked applicant for long-term effort and expressed encouragement.
• Status: First hearing only. Second and final hearing scheduled October 20, 2022. No vote taken this evening.

Broadmoor Neighborhood Residential Permit Parking:

• Issue: Commercial entity parking overflow caused neighborhood concern. Issue surfaced in council communicator and social media.
• Resolution: City staff (Sonia, Shelley, Jeff Tammy Levitch, Parish, Rosa, Assistant Chief Andre Anderson) implemented rapid solution. Temporary residential permit parking signs installed by noon the day after the council meeting (September 24). 50% plus one resident participation achieved.
• Implementation: Residents obtain passes at Tempe Transit Center, 200 East 5th Street, ground floor.
• Randy Keating praise: "Thanks to staff doing some very quick, very innovative thinking on this, we've been able to restore a lot of peace and quiet to that neighborhood in very short order."

Opposition

To Homeless Services Restrictions:

Note: No formal opposition was recorded in the public comment or council discussion. However, speakers addressed the restrictions imposed by the city.

• Number of speakers against restrictions: 8

• Main concerns:

  1. Loss of continuity: Heiress Foundation operated every Tuesday for 6.5 years without interruption; Easy Hugs every Sunday for 2 years; now forced to halt or relocate.
  2. Direct life-saving impact: 227 people housed over 3.5 years; Narcan distribution (6,240+ kits annually); detox connections made same day.
  3. Harm-reduction model undermined: Services provided non-judgmental support, conversations, hope, and dignity that public sector and traditional facilities had not.
  4. Community displacement: Speakers noted that criminalizing or restricting services in parks does not eliminate homelessness—it relocates it or forces organizations underground.
  5. Volunteer burnout and organizational jeopardy: Organizations expressed commitment to continue but uncertain of legal footing or future location.
  6. Equity concern: Homeless individuals are constituents; restrictions disproportionately limit access to community services.
  7. Institutional failure: Multiple speakers contrasted grassroots effectiveness with city/county/state slow progress on housing and treatment.

• Most compelling arguments:

  • Catherine Kublas Edict's statistic: 227 people housed and 65,000 meals served over 3.5 years.
  • Dustin Pauls' data: 12,480 Narcan doses distributed annually across 52 weeks = approximately 30 kits per Tuesday.
  • Ted Gutierrez and Nick Baker's personal recovery narratives: both spoke of specific transformations enabled by the organization's care model.
  • Reverend Rosemary Anderson's theological and practical rebuttal: biblical mandate, problem-solving imagination needed, not "same consciousness" (Einstein quote).

• Organized groups: Heiress Foundation, Easy Hugs for the Houseless, Care 7, and unnamed volunteers.

Support

For DeWitt at North Miller Road:

• Number of speakers in favor: 1 (Darlene Justice)

• Main arguments:

  1. Strategic location: Direct access to 202 and 101 freeways; no need to cross Mill Avenue or navigate congested surface streets.
  2. Appropriate density: High-density development appropriately sited near freeway and complementary to county island annexation (adjacent undeveloped Maricopa County property).
  3. No residential shadow: Project does not overshadow single-family neighborhoods.
  4. Catalyst for Indian Bend Wash: Residential along the wash may encourage future master planning and public access improvements.
  5. Community outreach: Applicant (Charles Hummel) conducted early engagement with neighborhood.

• Council support: Jennifer Adams and Randy Keating both praised the project and applicant communication.

For Butler Gray House Preservation:

• Darlene Justice argued the lot-split approach is creative and preserves the asset but called for systemic support (bond issue) to prevent repetitive crises.
• Arlene Chin publicly thanked staff for problem-solving.

Project Details

DeWitt at North Miller Road

• Case number: 8C3
• Applicant / developer: Fuel Mantle and Affiliates
• Attorney / representative: Charles Hummel (or similar phonetic); Withey Morris, PLC (inferred from transcript reference)
• Location / address: 907 North Miller Road, Tempe, AZ
• Current zoning → Proposed zoning: GID (General Industrial District) → MU4 (Mixed-Use 4) with PAD (Planned Area Development) overlay
• Density / units / square footage: 207 dwelling units; 6 stories; commercial ground floor; not stated in transcript
• Changes from previous version: None noted; initial proposal.

Tempe 11 Single-Family Development

• Case number: 8C1
• Applicant / developer: AJT Development LLC
• Attorney / representative: Not stated
• Location / address: 408 South Roosevelt Street, Tempe, AZ
• Current zoning → Proposed zoning: Not explicitly stated
• Density / units / square footage: 11 dwelling units, 2-story, 0.59 acres

Butler Gray House Historic Preservation

• Case number: 8C2
• Applicant / developer: City of Tempe (staff initiative)
• Attorney / representative: Jeff Tammy Levitch, Ryan Lebeake (staff)
• Location / address: 1220 South Mill Avenue, Tempe, AZ
• Current zoning → Proposed zoning: R2H (Multi-Family Residential) with Historic Overlay → removal of overlay from rear lot (0.08 acres) only; front lot retains overlay for 5 years
• Density / units / square footage: Lot split; historic preservation via development rights transfer

Novus Innovation Corridor Phase 3

• Case number: 8B1
• Applicant / developer: Catella Development Corporation (master developer for ASU)
• Attorney / representative: Manchester, Cambridge and Burnham Law Firm; Brian Kearney, Catella
• Location / address: Parcel 3A, 6th Street and Rural Road (within ASU Athletic Facilities District planning area, 300 acres total)
• Current zoning → Proposed zoning: Code text amendment to ASU Athletic Facilities District overlay; no rezoning (already within planning area)
• Density / units / square footage: Overall Novus: 8.5 million square feet mixed-use (residential, office, retail, hotel, creative office). Phase 3 (University and Rural mixed-use): increase hotel keys from 425 to 465 (+40 keys). Parcel 3A: new hotel with ground-floor retail, urban park, three restaurants.
• Changes from previous version: Traffic study showed new plan generates less traffic than prior plan. Original approval 2018; minor modifications 2021.

Vote Breakdown

DeWitt at North Miller Road (Item 8C3)

• General plan density map amendment (Resolution): 7-0 (unanimous)
  • Yes: All council members present
• Zoning, PAD, development plan approval (Ordinance): 7-0 (unanimous)
  • Yes: All council members present

Tempe 11 Single-Family Development (Item 8C1)

• Final: 6-0
• Yes: All council members present except Randy Keating
• Absent: Randy Keating

Butler Gray House Historic Preservation (Item 8C2)

• Final: 7-0 (unanimous)
• Yes: All council members

Novus Innovation Corridor Phase 3 (Item 8B1)

• Status: First hearing only (introduction); second hearing and vote scheduled October 20, 2022. No vote taken September 23.

Other Items Passed

• Approval of meeting minutes (Items 4A1-4A2): 7-0
• Acceptance of consent items (Items 4B1-4B8): 7-0
• IDA Revenue Bonds for Excel Counsel (Item 8A1): 7-0
• Professional Services contract, Hazard & Sawyer (Item 8A2): 7-0
• Consent agenda miscellaneous, awards, resolutions (7A1-7A13, 7B1-7B5, 7C1-7C11): 7-0
• Ordinance amending Chapter 29 Article 2 (Item 8C4): 7-0
• Abandonment of irrigation easement (Item 8C5): 7-0
• Abandonment of utility easement, Larkspur/Palm Drive (Item 8C6): 7-0

Outcome & Next Steps

DeWitt at North Miller Road: Approved 7-0 on both votes (general plan and zoning/PAD). Project may proceed to development.

Tempe 11: Approved 6-0. Project may proceed.

Butler Gray House: Approved 7-0. Historic overlay removed from rear lot (0.08 acres); front lot retains overlay for 5 years. Darlene Justice's request for future bond consideration for historic property preservation was acknowledged by council but not voted upon or formally placed on a future agenda.

Novus Innovation Corridor Phase 3: First hearing held September 23. Ordinance introduced. Final hearing and vote scheduled October 20, 2022. No objections raised.

Broadmoor Neighborhood Parking: Temporary residential permit parking signs installed by September 24 at midnight. Residents obtain passes at Tempe Transit Center. Status appears resolved.

Danelle Plaza RFQ: City authorized negotiation with two development groups: Eric Weina and Rodney Hugh (Yucca Tap Room owner). No specific designs or renderings at this stage. Two public hearings planned before council votes. Proposals to be brought back to council in future.

Homeless Services Restrictions: No formal council action taken. Restrictions remain in effect. No timeline or next step announced. Organizations indicated they will continue work elsewhere.

Controversies & Context

Homeless Services Restrictions:

The most significant undiscussed controversy of the meeting concerns recent city actions (timing and nature not detailed in the transcript) that have forced Heiress Foundation, Easy Hugs for the Houseless, and Care 7 to halt or relocate their operations in Tempe parks. For 6+ years, these grassroots organizations have operated with apparent city permission or at least acquiescence:

• Heiress Foundation: Every Tuesday at JC Park for 6.5 years. Served 65,000 meals, distributed 31,000 pairs of socks, 52,000 PB&J sandwiches, and assisted 227 individuals in transitioning off the streets.
• Easy Hugs for the Houseless: Every Sunday at Tempe Beach Park for 2 years. Founder Austin Davis reported connecting people to detox, rehab, shelter, transportation, and ID services—with two detoxes initiated the day of the council meeting.
• Care 7 and general Narcan distribution: Dustin Pauls reported distributing ~6,240 Narcan kits annually (30 per Tuesday × 52 weeks), with demand remaining high due to ongoing opioid crisis.

All speakers expressed commitment to continue but with uncertainty about legal footing or locations. No council member addressed the restrictions, posed questions, or signaled whether they were aware of or supportive of the policy. The City Attorney and Corey D Woods invoked the open-meeting law prohibition on discussing matters not on the agenda.

Historical context: Speakers referenced previous city clearing of the Rio Salado riverbed (where homeless individuals were displaced) and noted that restrictions in parks would likely displace people further, not solve homelessness.

Equity and philosophical tensions: Speakers framed the restrictions as contradicting Tempe's stated commitment to serving vulnerable populations (references to Care 7's victim services, new Family Advocacy Center for sexual assault and domestic violence). Multiple speakers drew direct connections between their own recovery, the organizations' intervention, and their current productive lives (jobs, family reunification, volunteer leadership). The contrast between grassroots effectiveness and systemic slow-rolling was implicit.

No clear next step: Unlike zoning matters, which have formal hearing and continuance tracks, the homeless services issue has no announced review, council study session, or place on a future agenda.

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Historic Preservation & Systemic Risk:

Darlene Justice raised a secondary concern: while the Butler Gray house lot split solves the immediate preservation problem, other historic properties (Tempe Women's Club, others) remain at risk. She urged council to consider a future bond issue to systematically purchase, preserve, and resell historic properties with deed restrictions. No formal motion was made, but Arlene Chin acknowledged staff's creative work.

Broadmoor Neighborhood Parking:

A rapid-response success story embedded in Randy Keating remarks: commercial entity parking overflow in a residential neighborhood was resolved in ~one week via temporary permit parking, with staff innovation and inter-departmental coordination. The case illustrates both the pace at which some issues can be resolved (when resources align) and the contrast with the homeless services stasis.

Duration

• This item (Homeless Services Testimony, Items 6 & 10): Approximately 40 minutes (8 speakers × ~3–5 minutes each, including transitions).
• DeWitt presentation and vote (Item 8C3): ~20 minutes.
• Tempe 11 (Item 8C1): ~3 minutes.
• Butler Gray House (Item 8C2): ~8 minutes.
• Novus Innovation Corridor Phase 3 (Item 8B1): ~15 minutes (presentation, council Q&A).
• Total meeting: ~2.5–3 hours (from 6:22 p.m. start; actual end time not stated in transcript, but likely ~9 p.m.).

Other Notable Items

Danelle Plaza RFQ: City authorized exclusive negotiation with two development groups—Eric Weina (newer developer with area holdings) and Rodney Hugh (Yucca Tap Room owner, longest-serving live music venue). No designs or renderings yet. Two public hearings will precede any council vote. Status: ongoing negotiation; to return to council with proposals.

Community Events & Programs: Council members announced Four Peaks Oktoberfest (Oct. 7–9), Second Sundays on Mill (Oct.–Mar. 2023), backstage pass event at Tempe History Museum, breakfast at Burdetto (Oct. 15, education-focused), College Connect virtual event (Oct. 26), Greenhouse Gives game night (Sept. 23), and Workforce Readiness & Economic Vitality committee meeting (third Monday, 3 p.m.). Jennifer Adams and Berdetta Hodge provided most announcements.

Staff Recognition: City Manager recognized new Deputy Director of Water Utilities (Barbara Chapel Barber, 20 years municipal experience, P.E. licensed) and promoted David Tavares to Deputy Director of Field Operations (24 years with Tempe, revised safety training program).