Tempe unanimously approves Depot mixed-use development with historic preservation, $450,000 shelter expansion
TEMPE, ARIZONA — January 15, 2021

Tempe unanimously approves Depot mixed-use development with historic preservation, $450,000 shelter expansion

Tempe City Council held unanimous votes on major initiatives including Tempe Depot mixed-use development with historic preservation, homeless shelter expansion, land acknowledgement to Native peoples, and affordable housing commitments, while residents raised concerns about construction impacts and bridal path easement enforcement.

Tempe Council Unanimously Embraces Historic Preservation, Homelessness Funding, and Native Land Acknowledgement in Single Evening

On January 15, 2021, Tempe City Council voted unanimously 7–0 on multiple major initiatives that signal the city's commitment to historic stewardship, racial equity, and housing security—though unscheduled public comment periods revealed underlying tensions about code enforcement and construction impacts that remain unresolved.

The Land Acknowledgement: A First for Tempe

The evening opened with an emotional moment when Councilmember Dorian Garland read into the record Resolution 2021.508, formally recognizing that the lands comprising Tempe are "culturally affiliated with the Autum Pipash and their ancestors" and establishing a protocol for acknowledgement in future city decisions. The resolution acknowledged that the Autum and Pipash "have lived on the land that comprises present day Tempe since time immemorial" and that the United States Indian Claims Commission in 1970 identified 3.75 million acres spanning much of Maricopa and Pinal counties as ancestral Autum and Pipash territory.

Vice President Ricardo Leonard of the Salt River Pima-Maricopa Indian Community (SRPMIC) opened remarks by stating:

"There's the phrase a rising tide lifts all boats and I believe that best represents our goal as neighbors. I think we all have an interest to improve our neighborhood here in the east valley and they appreciate that we can keep the lines of communication open." — Vice President Ricardo Leonard, SRPMIC

Debbie Nez Manuel, an Indigenous youth leader, testified on behalf of Morningstar Leaders, a nonprofit serving Indigenous youth that had advocated for the acknowledgement since 2017:

"Back in 2017 Morningstar leaders, a non-profit serving the needs of our indigenous youth, planted seeds demonstrating how to engage with local municipalities. Year after year we would tap on the shoulders to extend a reminder. So while our youth have grown into young adults, it's with this gratitude to see where we are today." — Debbie Nez Manuel

Council members praised the resolution with particular emphasis on its language about stewardship. Mayor Corey D Woods stated:

"The key word that really jumped out of me was responsibility. And it's just so important that we recognize where we've come from, that we recognize the land that we currently are on, and that we actually maintain that sense of responsibility each and every day when it comes to our stewardship of the city of Tempe." — Mayor Corey D Woods

The resolution passed 7–0.

Tempe Depot: Historic Train Station Survives High-Rise Development

The dominant focus of the evening was the Tempe Depot mixed-use development project at 300 South Ash Avenue, a three-part unanimous approval that drew both passionate support and detailed criticism from residents about construction impacts and street integrity.

Project Details

The Depot Preservation Achievement

For the first time, the 1924 Tempe Depot—which had no prior historic preservation protection—will be preserved as a working, activated centerpiece rather than demolished or hidden behind new construction. Manjula Baz explained the developer's commitment:

"What we do have is I think the Mayor mentioned we have a large kind of open plaza here that's 22,000 square feet and the plan is to activate this plaza along with we have retail we have a large restaurant here or retail and hotels so that Ash is activated with uses retail outdoor entertainment and then you have a plaza to bring people towards the Tempe Depot." — Manjula Baz, ENR Holdings/Red Development

The project includes a facade easement on the depot, requiring the developer to undergo the city's historic preservation process and work with Historic Preservation Officer John Southard on a formal preservation plan. The restaurant portion around the depot will be removed and the structure rehabilitated to its original state, similar to the successful model used at the nearby Hayden House (100 Mill Avenue).

Councilmember Lauren Kuby explicitly credited the historic preservation community:

"I want to also mention our historic preservation commission and the historic preservation foundation for their fundamental work in all of this. We really rely on the advice of our residents, many of whom are expert in historic preservation." — Councilmember Lauren Kuby

Mayor Corey D Woods noted the partnership structure as a unique safeguard:

"I do believe there are additional protections built in here that are important not just for the city but frankly to the residents and to the surrounding neighborhoods. The way this deal was structured we end up becoming a sort of a partner with the developer on the project, and from the standpoint that some of the land under it still remains public, so if there are changes that have to come forward at a later date, those will then be run by our city staff as well as go through an additional public process." — Mayor Corey D Woods

Opposition and Construction Concerns

Philip Yates, chair of the Riverside Neighborhood Association, raised multiple objections during the public comment period, framed around both the project's impact on the historic character of nearby homes (some built in the late 1800s and early 1900s) and the inadequacy of parking for a transit-oriented development near light rail.

"There are several things I would like to address with regard to 6c2 and 6c3. This was a project that would take years and years to actually develop. It would be extremely loud and there are lots and lots of problems with a community that actually has this kind of development taking place in being built. It would definitely be a problem for the people that actually live in riverside and in a sunset as well." — Philip Yates, Riverside Neighborhood Association Chair

Yates specifically objected to the 18-story Hilton, noting that the existing Mission Palms hotel downtown "has never filled the capacity," and questioned whether a 7-level parking structure made sense for a transit-oriented development:

"Having an 18 story hotel located right where this is being proposed is just it doesn't make any sense to have something of that magnitude there. And with regard to the 17-story office tower, we already have a lot of offices that are in like the state farm building that are not even being used at this point." — Philip Yates

Street and Infrastructure Damage Concerns

A second public comment card, submitted by resident Meryl Darcy, raised concerns that heavy truck traffic during construction would destroy the newly redesigned Rio Salado roundabout and adjacent Ash Avenue streetcar infrastructure:

"I am concerned that the continuous use of heavy truck traffic necessary for this project will destroy the new Rio Salado roundabout and adjacent Ash Avenue new street car services and infrastructure. These streets were not designed nor can support these kinds of heavy loads and extreme use. No one is accountable for this destruction and no one is offering any remediation in repairing the damages. Deliveries of lengthy and heavy materials including steel girders, numerous concrete deliveries, dirt removal from excavation and tower crane implements will not navigate the curve around Rio Salado and the new roundabout." — Meryl Darcy, Tempe resident

Darcy suggested installation of a concrete batch plant or use of the Union Pacific railroad siding to mitigate street damage.

Deputy Director Ryan Levesque responded that building safety review requires all construction projects to apply for a haul permit identifying routes and travel ways to mitigate off-site activity, and that building inspectors will inspect the routes during closeout to determine if street repairs are needed—at which point the developer will be assessed for necessary improvements.

Council Support and Native Artist Integration

Councilmember Randy Keating praised Red Development's track record:

"I want to thank you for really walking the talk and allowing council to walk the talk but showing such leadership and bringing this proposal forward relatively quickly. You know by city time, we're bureaucracy, we're not like other bureaucracies, we're more flexible and more reactive to the conditions that we see around our city, but without your leadership we may not have done this." — Councilmember Randy Keating

Councilmember Arredondo Savage noted a shift in her own position, saying:

"I know this is going to be a really iconic development and we definitely all want it to be the best that it could be. And I do appreciate you just addressing the best possible type of art or creativity to cover up those parking structure pieces too, so I thank you for looking into that to continue to work on that working with Ryan to figure out what that might look like." — Councilmember Arredondo Savage

Critically, Councilmember Garland requested that the developer consider using local and Native artists:

"I wanted to say I had mentioned the last time that Manjula did this presentation at the council meeting that I love this project. I love the idea of protecting our historic building, the depot. Historic preservation is really important like Randy said to all of us. I love the artwork and I just want to put another plug in there to possibly use some local artist or local native artist to do some type of artwork on there that would reflect the people that were here first. It would be awesome." — Councilmember Garland

Councilmember Kuby amplified this, tying it directly to the land acknowledgement passed earlier:

"I just wanted to support what Councilmember Garland said. We just passed that resolution and we have a commitment to follow through on being stewards and using that resolution language and our decision making, and I would love to see a native art integrated into the project." — Councilmember Lauren Kuby

Manjula Baz acknowledged the requests and indicated ongoing work on the sign package and wayfinding:

"Of course, yes, Mr. Mayor, Councilwoman Kuby, of course. So um, is this part we're still working on our sign package and our sign package will come a little later in the process but we intend to as I mentioned um the project is called Tempe Depot. There will be monument signage here along Ash that would have you know certainly a monument sign, 'Tempe Depot,' and we certainly will have wayfinding signs within the plaza probably you know around this area that will show you exactly where you're going to the depot." — Manjula Baz

Parking Structure and Parking Ratio

Councilmember Kuby raised concerns about what she termed "excessive parking" for a transit-oriented development near light rail. Baz responded:

"The project itself is designed so that in the future especially we can use the garage to expand the hotel for the back of the hotel and expand the hotel and use the garage for other spaces. For the moment, um, this project has less parking than the other office buildings around, and we've tried, but we're probably as low as we go within the market." — Manjula Baz

The Homeless Shelter Expansion: Motel vs. Nonprofit Model

The council voted 7–0 to approve a $450,000 transfer from the general fund contingency to expand immediate homeless shelter capacity. However, the debate revealed tension between the city's choice of a non-congregate motel approach and the advocacy of Tempe Community Action Agency (TCAA) for expansion of its existing iHelp program.

Project Details

The TCAA Alternative Position

Deborah Artiaga, Executive Director of Tempe Community Action Agency, testified that iHelp expansion would be more cost-effective and serve additional populations:

"With the $450,000 in general funds, iHelp can shelter an additional 40 beds per night or another 300 over the course of a year. In fact, with the added efficiencies and the in-kind contributions provided by our partners, we can stretch this amount to 18 months and serve even more people homeless in Tempe, far more than the motel approach. The motel proposal will pay roughly $70 a day, which includes tax, for 45 hotel rooms for 12 months. This equates to $1.1 million just in motel costs alone, not including other city funds and resources that were recommended with this approach. This is nearly three times the cost, far fewer people sheltered, compared to expanding iHelp." — Deborah Artiaga, TCAA Executive Director

Public comment from Shireen Lerner, included via speaker card, echoed the TCAA position, urging the city to partner with TCAA and iHelp and noting that iHelp's model had been replicated in other cities.

City Staff Defense of Motel Option

Naomi Ferrell, Director of Human Services, acknowledged TCAA's value while defending the motel choice:

"With the increase in COVID cases, the use of motels is non-congregate. Congregate shelter does not provide a healthy and safe environment, especially for individuals that are medically vulnerable. The motel will allow them to have their individual space, access to showers. The motel option also allows us to address multiple populations of people experiencing homelessness—for example, families with children, singles, those that are disabled, medically vulnerable, and people with pets. And we're very pleased with the motel. They have agreed to allow pets, which is often a major barrier to getting individuals and families into shelter." — Naomi Ferrell, Human Services Director

Ferrell noted that the Super 8 had negotiated a $59 per-night rate, provides 24-hour access (addressing daytime displacement from parks), and permits pets—a significant barrier removal compared to traditional shelter.

Council Resolution: Both/And Rather Than Either/Or

Councilmember Lauren Kuby framed the vote as supporting an interim solution while maintaining commitment to iHelp expansion:

"There is an urgency now and it's due to COVID conditions, so the expenditure we are voting on tonight is an interim solution. It's not meant to be a permanent solution. And staff I understand has recently negotiated a really a very good price to Super 8—$59 a night—and it can house men, women, families, couples, and most importantly in my mind people with pets because I know from participating in the point-in-time count that is often a very great barrier to someone getting transitional housing." — Councilmember Lauren Kuby

Mayor Corey D Woods made a public pledge to ensure iHelp expansion receives budget priority in the FY 2022 cycle:

"The city manager, I know you know, one of the things that was pointed out by Deborah in her statement was that there have been times in the past where we talked about an expansion of iHelp but it seems like we haven't exactly gotten to that finish line. And I'm just wondering, as we're kind of entering the budget process for the upcoming year—I know we probably start talking about the fiscal year 21-22 budget probably in April or so—is there a way to make sure that we do have that conversation, try to make sure that we do include that expansion of the iHelp program so it's in very much black and white so people can see our commitment to that program?" — Mayor Corey D Woods

City Manager Arlene Chin committed to include iHelp expansion discussions in the agency budget review process and to engage Human Services staff on dedicated funding mechanisms.

Councilmember Jennifer Adams echoed the commitment to codify the expansion in the budget:

"I agree this is an emergency with the homeless situation and so I will be voting yes on it tonight. But I do want to expand our financial base out and really partner more effectively with TCAA and our human services." — Jennifer Adams motel shelter item passed 7–0.

Hometown for All: The "Most Aggressive" Affordable Housing Program in Arizona

The council voted 7–0 to authorize transfers from the general fund contingency to the Tempe Coalition for Affordable Housing (the city's nonprofit affiliate) to fund creation of affordable and workforce housing. Corey D Woods called this potentially "the most aggressive housing program in Arizona."

Project Details

Council Context

Mayor Corey D Woods explained the initiative's significance:

"This initiative will be huge and a game changer when it comes to how we can do affordable housing in this community. In speaking to some very prominent affordable housing advocates in the community after the initial proposal, they really talked about how they really believe that this would be the most aggressive housing program in the entire state and how the city of Tempe just continues to lead in this area." — Mayor Corey D Woods

Councilmember Kuby praised the council's and prior council's foresight:

"I want to thank you, Mr. Mayor, for really walking the talk and allowing council to walk the talk but showing such leadership and bringing this proposal forward and relatively quickly. You know by city time—we're bureaucracy, we're not like other bureaucracies, we're more flexible—and I think we're more reactive to the conditions that we see around our city. But without your leadership, we may not have done this." — Councilmember Lauren Kuby

Vice Randy Keating credited Councilmember Arredondo Savage's 2016 advocacy:

"I want to thank you for your leadership on this, but I also want to thank Councilmember Arredondo Savage, who in 2016 invited me to my first working group as a council member. That was a working group that ended up creating the affiliate. So I want to thank you, Mayor. I want to thank Councilmember Arredondo Savage on her leadership and foresight that really kind of got us to where we're going to be." — Vice Mayor Randy Keating

Public comment from Jenna Lynn Granillo read: "Great news to see a Hometown for All initiative. Our town needs affordable housing. Thank you in advance for your support."

The Hometown for All resolution passed 7–0.

Apache Boulevard Affordable Housing Negotiation

The council unanimously approved (7–0) authorizing the city manager to negotiate exclusively with Gorman and Company LLC for purchase and development of city-owned land at 2431 East Apache Boulevard for multi-family housing with at least 51 percent of units available as affordable, workforce, or senior housing.

Councilmember David Navarro pulled this item to note that despite occasional criticism of the council's development approval process, the body consistently works behind the scenes to ensure affordability:

"I know that we have some rough council meetings and especially some in the past, but I just want to recognize that you know whenever we can strike a deal, whenever we can work with developers, we often do get things that are needed for the city, and I appreciate what we're trying to achieve here on this vote tonight." — Councilmember David Navarro

The Bridal Path Easement Controversy: Code Enforcement at Impasse

An unscheduled appearance by Tempe resident Matt Schmell exposed a significant unresolved dispute over the city's authority and willingness to enforce a historic bridal path easement in the equestrian neighborhoods of South Tempe. Though not on the council agenda—limiting the council's ability to formally respond under open meeting law—the issue raised questions about code enforcement consistency and the city attorney's interpretation of easement authority.

The Dispute

A homeowner at 1710 East Carver Road in Shady Lane Estates built a wall that encroaches 10 feet into a legally required bridal path easement that runs 328 feet along the property. The easement was stipulated as a condition of approval when Shady Lane Estates was developed in 1995. The equestrian neighborhoods of South Tempe—Buena Vista Ranchos, Cali de Caballos, and Sunburst Farms—have maintained the only bridal path system in Tempe since 1961.

Chronology of Disputes

Schmell presented email evidence showing:

The Residents' Legal Argument

Schmell argued the bridal path is a public easement embedded in the original Shady Lane Estates development approval and plat map, and cited:

  1. Three presentations to city council in 1995 before development approval, with explicit stipulations naming the bridal path easements on the west end.
  2. The stipulations were copied directly onto the recorded Shady Lane Estates plat map.
  3. The no-gates provision on all Shady Lane homes (preventing private access to rear yards) proves the city intended a public bridal path.
  4. Tempe city code requires the HOA to maintain all developments in conformance with approved plans, and violations constitute code violations.
  5. A 12-inch city water main runs down the bridal path, and the encroaching wall may violate water main easement design requirements.

City Attorney's Position

During the meeting, City Attorney Judy Bauman stated:

"Several residents have raised questions with regard to a wall that was built over a bridal path that is located in Shady Lane Estates neighborhood in South Tempe. City staff has looked into the issue and we have found no indication that the particular bridal path in the Shady Lane Estates neighborhood is recorded as a public easement. We have been in contact with the homeowners association and understand that the wall was approved by their architectural committee." — Judy Bauman, City Attorney Bauman later confirmed that the city is "not in a position to initiate litigation but will fully cooperate with all parties should suit be filed."

Councilmember Jennifer Adams requested clarification from the city attorney and indicated she had concerns about the situation:

"Obviously I have great concerns about the situation and um what Matt has brought up tonight and I guess I would like to hear from our city attorney some information and see if we can get some clarification and if we need to revamp things, which it sounds like Matt made a great case for, then I think we need to re-look at the situation moving forward and correct what's been what's happened if in fact we are out of code." — Councilmember Jennifer Adams

However, the open meeting law prevented the council from formally discussing or voting on the matter that evening.

Golf Course COVID-19 Safety Protocols

Unscheduled public speaker Gary Clementi, a 75-year-old Tempe resident, requested that the city reinstate spring and summer 2020 COVID-19 safety protocols at the city's golf courses (Ken McDonald and Rolling Hills). Those protocols limited golf carts to one person per cart unless an immediate family member, and eliminated flagsticks, ball washers, and rakes from play.

Clementi noted:

"With 1500 new cases this past week, this is a very important matter. I received an email from the city of Tempe on December 28th... 'COVID-19 cases continue to rise at alarming rates.' Yet noticeably absent from this list of city-run facilities were the two golf courses run by the city, Ken McDonald and Rolling Hills. I'm speaking to you tonight to request that the city immediately return these courses to the rules in place during the last COVID spike in the spring and summer." — Gary Clementi, Tempe resident

Clementi stated he cannot "in good conscience share a golf cart with someone other than my wife" and noted that at 75 years old, he cannot walk 18 holes but needs a cart to play.

No city response or council action was taken on this unagendized item. The matter was referred to staff and the Parks and Recreation Board.

Vote Breakdown

Land Acknowledgement (Item 5c8)

Tempe Depot Development Agreement (Item 6c2)

Tempe Depot PAD and Development Plan (Item 6c3)

Homeless Shelter Funding (Item 5a9)

Hometown for All Affiliate Resolution (Item 5c10)

Apache Boulevard Affordable Housing (Item 5a5)

Outcome & Next Steps

Land Acknowledgement: Adopted and will be integrated into city education programs, ceremonies, land-use decisions, and other applicable purposes. The commitment to "stewardship" language is expected to inform future development and historic preservation decisions.

Tempe Depot: Construction is expected to take years. The historic depot preservation plan must be completed in coordination with the Historic Preservation Commission. The developer retains the naming and activation rights to the depot's interior and may implement retail or restaurant uses. The 22,000-square-foot plaza and pedestrian easements are expected to activate with events and dining similar to Red Development's Cityscape project in Phoenix.

Homeless Shelter: The Super 8 motel shelter (45 rooms at $59/night) is funded for 12 months beginning immediately, with Hope and Care 7 providing wraparound services. Corey D Woods committed to including iHelp expansion in the FY 2022 budget planning process beginning in April 2021, with city manager and Human Services staff to explore both direct city funding and potential grant opportunities through the agency budget review process.

Hometown for All: The affiliate is authorized to receive general fund transfers and private donations to fund affordable and workforce housing creation. Implementation is expected to accelerate in the 2021–2022 budget cycle.

Apache Boulevard: Exclusive negotiation authorized with Gorman and Company LLC for purchase and development of city-owned land at 2431 East Apache Boulevard for multi-family housing with at least 51% affordable/workforce/senior units.

Bridal Path Easement: Unresolved. City attorney indicated the city will not initiate litigation but will cooperate if residents file suit. The matter is not currently scheduled for future council agenda action; residents must pursue private legal action or petition for a future agendized discussion.

Golf Course COVID Protocols: Referred to Parks and Recreation Board for staff evaluation. No immediate action taken.

Controversies & Context

Historic Preservation as Consensus Issue

The Tempe Depot project represents unusual consensus on downtown development, with even vocal critics (Councilmember Arredondo Savage, who has historically opposed some high-rise projects) expressing full support once historic preservation protections were structured. The model—developed at 100 Mill Avenue (Hayden House)—combines facade easements, city partnership on public lands, and staged historic rehabilitation as conditions of development incentives. The integration of the recent land acknowledgement resolution with the request for Native artists in the Depot project demonstrates an effort to embed equity into preservation practice.

Homelessness as a Regional Crisis

The council's simultaneous approval of both the motel shelter and commitment to iHelp expansion signals recognition that no single approach will address Tempe's homelessness crisis. With 1,500 COVID-19 cases in a single week (representing 10% of all cases since the pandemic began, per Councilmember Kuby), the urgency is acute. The public tension between TCAA (a decades-old nonprofit partner) and city staff's motel-first recommendation revealed friction between cost efficiency (iHelp's claimed 3:1 cost ratio) and epidemiological risk (non-congregate shelter during surges). Corey D Woods' commitment to budget-cycle inclusion of iHelp appears to be an effort to mollify TCAA and residents while respecting staff's COVID-driven rationale.

Code Enforcement and the Bridal Path Paradox

The bridal path dispute exposes a potential gap between the city's documented commitments (the 1995 stipulations and recorded plat map) and its stated enforcement authority. City Attorney Bauman's assertion that the easement is "private" contradicts the residents' evidence that the easement was a public condition of the development approval. Deputy Director Levesque's own March 2020 email stated that reversal of the easement condition would require a city council ordinance—implying the city originally had enforcement authority. The refusal to initiate enforcement, combined with the city's legal posture that this is a "private" matter, suggests either a misunderstanding of the original ordinance or a deliberate policy choice not to enforce historical conditions on private property. Jennifer Adams request for clarification and potential code revision indicates this may return to the agenda.

Construction and New Infrastructure Conflicts

The merging of a major mixed-use development (Tempe Depot) with recently redesigned streetcar and roundabout infrastructure creates risk of mutual damage. Resident Meryl Darcy's detailed concern about heavy truck traffic destroying the Rio Salado roundabout and Ash Avenue streetcar infrastructure is substantively unanswered: Deputy Director Levesque confirmed the existence of a haul permit process and post-construction inspection, but did not detail pre-construction mitigation or route restrictions. The suggestion of a concrete batch plant or Union Pacific rail siding was not addressed by staff or the developer.

Duration

Other Notable Items

Cities for Financial Empowerment Planning Grant: Tempe was selected through competitive national process (among Hennepin, Minnesota; Jackson, Tennessee; Montgomery, Alabama; and Pueblo, Colorado) to receive a planning grant from the Cities for Financial Empowerment Fund for a six-month intensive engagement to create a blueprint for financial empowerment across the city, centering racial equity. Brad Willows, representative of the national nonprofit, noted the program has been replicated in 29 cities nationwide. The initiative ties together the city's existing financial navigators program, Hometown for Everyone, equal pay education, and business support. Presented by Andrew Wydell Holmes, Strategic Management and Diversity Office.

Condolences for Fallen Police and Community Leaders: City Manager Andrew Arlene Chin publicly acknowledged the deaths of former Police Chief Ron Burns (a multi-decade leader in Tempe, Kirkland, Washington, and Lakewood, Colorado), former Police Sergeant Chuck Scoville (a public relations and gang unit officer), and an Arizona State University Police officer killed in a vehicle crash on Route 101. Corey D Woods and council members echoed condolences.