Attachment E - PC Summary - Z-33-23-8.pdf

REPORT OF PLANNING COMMISSION ACTION 
November 2, 2023 
ITEM NO: 11 
DISTRICT NO.: 8
SUBJECT:
Application #: 
Z-33-23-8
Location: 
Southwest corner of 11th Street and Van Buren Street 
From:
C-3
To: 
WU Code T5:7 EG 
Acreage:
2.21
Proposal:
Hotel
Applicant: 
Nick Wood, Esq., Snell & Wilmer, LLP 
Owner: 
Day & Sam, Inc. and Copper Square, LLC 
Representative: 
Nick Wood, Esq., Snell & Wilmer, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Central City 9/11/2023 Continued to October 6, 2023. Vote: 15-0.  
Central City 10/16/2023 Approval, per the staff recommendation. Vote: 12-1.  
Planning Commission Recommendation: Approval, per the Central City Village Planning 
Committee recommendation. 
Motion Discussion: N/A 
Motion details: Commissioner Busching made a MOTION to approve Z-33-23-8, per the Central 
City Village Planning Committee recommendation.  
 
Maker: Busching 
 
Second: Mangum 
Vote: 8-1 (Boyd) 
Absent: None   
 
Opposition Present: Yes 
Findings: 
1.
The proposal is consistent with the General Plan Land Use Map designation and the
Eastlake-Garfield TOD Policy Plan vision for the site.
2.
The proposal will redevelop an underutilized site with a modern hotel that will
contribute to the mix of uses in the area.
3.
As stipulated, the proposal provides enhanced pedestrian and bicycle amenities
consistent with the Eastlake-Garfield TOD Policy Plan, Comprehensive Bicycle Master
Plan, Tree and Shade Master Plan, and the Complete Streets Guiding Principles.
ATTACHMENT E

Stipulations: 
 
1. 
A minimum 25-foot building setback shall be provided along the south property line. 
 
 
2. 
The development shall be limited to 30 feet in height within 50 feet of the south 
property line. 
 
 
3. 
If multifamily residential use is provided, a minimum of one common entry shall be 
provided for each street frontage, except for buildings where every unit has private 
entry directly to the street, as approved by the Planning and Development Department. 
 
 
4. 
If multifamily residential use is provided, the ground floor area of the development shall 
include a minimum of 5,000 square feet of non-residential uses and shall have frontage 
on the Van Buren Street right-of-way. Non-residential uses shall not include lobby, 
exercise, reception areas, or other similar uses intended for exclusive use by residents. 
 
 
5. 
If multifamily residential use is provided, the following additional standards for bicycle 
parking shall apply, as approved by the Planning and Development Department. 
 
 
 
a. 
All required bicycle parking, per Section 1307.H.6.d of the Phoenix Zoning 
Ordinance, shall be secured parking. 
 
 
 
 
b.  
Guest bicycle parking shall be provided at a minimum of 0.05 spaces per unit 
with a maximum of 50 spaces near entrances of buildings and installed per the 
requirements of Section 1307.H. of the Phoenix Zoning Ordinance. 
 
 
 
 
c. 
A bicycle repair station (“fix it station”) shall be provided on the site. The station 
shall include but not limited to: standard repair tools affixed to the station; a tire 
gauge and pump; and a bicycle repair stand which allows pedals and wheels to 
spin freely while making adjustments to the bike, as approved by the Planning 
and Development Department. 
 
 
6. 
A minimum of 5 percent of the provided bicycle parking spaces shall include standard 
electrical receptacles for electric bicycle charging capabilities, as approved by the 
Planning and Development Department. 
 
 
7. 
A minimum of two green infrastructure (GI) techniques for stormwater management 
shall be implemented per the Greater Phoenix Metro Green Infrastructure and Low 
Impact Development Details for Alternative Stormwater Management, as approved or 
modified by the Planning and Development Department. 
 
 
8. 
A minimum of 5 percent of the required on-site parking shall be EV Capable. 
 
 
9. 
A minimum of 50 feet of right-of-way shall be dedicated for the south side of Van Buren 
Street, adjacent to the development. The improvements shall be consistent with the 
Van Buren Street Enhancement Capital Improvement Project, as approved by Street 
Transportation Department. 
 
 
10. 
There shall be a minimum 6-foot-wide detached sidewalk and a minimum 10-foot-wide 
landscape area between the back of curb and sidewalk along Van Buren Street with 
landscaping consistent with the landscape standards of Section 1309 of the Zoning 
Ordinance, as approved by the Planning and Development Department.

Where utility conflicts exist, the developer shall work with the Planning and 
Development Department on alternative design solutions consistent with a pedestrian 
environment. 
 
 
11. 
Vehicular access on Van Buren Street shall be restricted to right-in/right-out only. 
 
 
12. 
Prior to final site plan approval, funds totaling $100,000 shall be deposited into an 
escrow account to the Street Transportation Department to modify the existing traffic 
control device at 11th Street and Van Buren Street and other right-of-way 
improvements as part of the Van Buren Street Improvement Project. 
 
 
13. 
All streets within and adjacent to the development shall be constructed with paving, 
curb, gutter, sidewalk, curb ramps, streetlights, median islands, landscaping and other 
incidentals as per plans approved by the Planning and Development Department. All 
improvements shall comply with all ADA accessibility standards. 
 
 
14. 
The property owner shall record documents that disclose the existence, and 
operational characteristics of Phoenix Sky Harbor Airport to future owners or tenants of 
the property. The form and content of such documents shall be according to the 
templates and instructions provided which have been reviewed and approved by the 
City Attorney. 
 
 
15. 
The developer shall provide a No Hazard Determination for the proposed development 
from the FAA pursuant to the FAA’s Form-7460 obstruction analysis review process, 
prior to construction permit approval, as per plans approved by the Planning and 
Development Department 
 
 
16. 
If determined necessary by the Phoenix Archaeology Office, the applicant shall 
conduct Phase I data testing and submit an archaeological survey report of the 
development area for review and approval by the City Archaeologist prior to clearing 
and grubbing, landscape salvage, and/or grading approval. 
 
 
17. 
If Phase I data testing is required, and if, upon review of the results from the Phase I 
data testing, the City Archaeologist, in consultation with a qualified archaeologist, 
determines such data recovery excavations are necessary, the applicant shall conduct 
Phase II archaeological data recovery excavations. 
 
 
18. 
In the event archaeological materials are encountered during construction, the 
developer shall immediately cease all ground-disturbing activities within a 33-foot 
radius of the discovery, notify the City Archaeologist, and allow time for the 
Archaeology Office to properly assess the materials. 
 
 
19. 
Prior to preliminary site plan approval, the landowner shall execute a Proposition 207 
waiver of claims form. The waiver shall be recorded with the Maricopa County 
Recorder's Office and delivered to the City to be included in the rezoning application 
file for record. 
 
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