Attachment F - PC Summary - Z-43-20-4.pdf

REPORT OF PLANNING COMMISSION ACTION 
August 5, 2021 
ITEM NO: 10 
DISTRICT NO.: 4
SUBJECT:
Application #: 
Z-43-20-4 (McDowell Hotel PUD)
Location: 
Northwest corner of 12th Street and McDowell Road 
From: 
P-1 CNSPD and C-2 CNSPD
To:
PUD CNSPD
Acreage:
1.59
Proposal: 
Planned Unit Development to allow a hotel and other commercial uses. 
Applicant: 
Larry Lazarus, Lazarus & Silvyn P.C. 
Owner: 
1144 McDowell Land, LLC 
Representative: 
Larry Lazarus, Lazarus & Silvyn P.C. 
ACTIONS: 
Staff Recommendation:  Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Encanto 4/5/2021 Informational only.  
Encanto 6/7/2021 Denial. Vote: 5-4.  
Planning Commission Recommendation: Approval, per the Addendum A Staff Report, with an 
additional stipulation.  
Motion Discussion: N/A 
Motion details: Commissioner McGabe made a MOTION to approve Z-43-20-4, per the 
Addendum A Staff Report, with the additional stipulation as read into the record. 
 
Maker: McGabe 
 
Second: Gaynor 
 
Vote: 8-0 
Absent: Magnum 
Opposition Present: Yes  
Findings:  
1.
The proposed PUD will redevelop an underutilized property and provide a high-quality
hotel development which will help activate the Miracle Mile Corridor.
2.
This proposal provides a hotel use that will be complementary to Banner-University
Medical Center Phoenix Campus and the emerging retail and service district in the
Miracle Mile Corridor.
3.
The proposal includes development standards and design guidelines that exceed
conventional zoning standards and the proposal further aligns with the Coronado
Neighborhood Conservation Plan with regard to compatibility and the transition to
single-family homes.
Attachment F

Stipulations: 
1.
An updated Development Narrative for McDowell Hotel PUD reflecting the changes
approved through this request shall be submitted to the Planning and Development
Department within 30 days of City Council approval of this request. The updated
Development Narrative shall be consistent with the Development Narrative date
stamped May 18, 2021, as modified by the following stipulations:
a.
Front cover: Revise the date information on the cover page to add the following:

Hearing Draft: May 18, 2021

City Council Adopted: TBD [Add Adoption Date]
B.
PAGE 4 AND EXHIBITS: ADD AN EXHIBIT 8 TO INCLUDE THE
RENDERINGS DATE STAMPED AUGUST 4, 2021.
C.
PAGE 8: UPDATE FIGURE 2 TO MATCH THE SITE PLAN DATE STAMPED
AUGUST 4, 2021.
D.
PAGE 14; WALKABLE URBAN CODE: APPLICATIONS AND
MODIFICATIONS TABLE: CHANGE THE COLUMN HEADER FROM
“COLUMN B: STANDARDS FOR HOTEL USE ONLY” TO “COLUMN B:
STANDARDS FOR HOTEL AND MEDICAL OFFICE USE ONLY”
 
be. 
Page 14: Change “1303 General Site Development Standards” to “1304 General
Site Development Standards”.  
F.
PAGE 15, 1305 FRONTAGE STANDARDS, FENCE STANDARDS: ADD AN
ADDITIONAL BULLET TO INCLUDE THE FOLLOWING PROVISION UNDER
THE FIRST BULLET:
o
DECORATIVE SCREENING OR OPEN FENCING ON TOP OF SOLID
WALLS SHALL BE LIMITED TO 66 INCHES, WITH A COMBINED
HEIGHT NOT TO EXCEED 78 INCHES.
G.
PAGE 15; WALKABLE URBAN CODE: APPLICATIONS AND
MODIFICATIONS TABLE. 1306 LAND USE MATRIX IN COLUMN B: ADD
“CLINIC, MEDICAL OR DENTAL; LABORATORY, MEDICAL, DENTAL OR
CLINICAL; MEDICAL OR DENTAL OFFICE; PER SECTION 1306 LAND USE
MATRIX.”
 
ch. 
Page 20; Site; 1st Paragraph: Add the following language “proposals for non-
standard material in the public right-of-way shall require approval from the Street
Transportation Department”
2.
The developer shall dedicate right-of-way and construct a bus stop pad along
westbound McDowell Road west of 12th Street. The bus stop pad shall be compliant
with City of Phoenix Standard Detail P1260 with a minimum depth of 10 feet. The bus
bay shall be spaced from the intersection of McDowell Road and 12th Street according
to City of Phoenix Standard Detail P1258.
THE SITE SHALL BE IN GENERAL CONFORMANCE WITH THE SITE PLAN DATE
STAMPED AUGUST 4, 2021 SHOULD A HOTEL USE BE DEVELOPED ON THE
SITE, AS APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

This publication can be made available in alternate format upon request. Please contact Angie 
Holdsworth at (602) 495-5622, TTY use 7-1-1. 
3.
The developer shall dedicate 35-feet of right-of-way for the north side of McDowell
Road, as approved by the Planning and Development Department.
4.
The developer shall dedicate a 10-foot sidewalk easement for the north half of
McDowell Road, as approved by the Planning and Development Department.
5.
The driveway along McDowell Road shall be restricted to three quarter access per City
of Phoenix standard detail, as approved by the Street Transportation Department.
6.
The developer shall construct all streets within and adjacent to the development 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.
7.
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.
8.
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.
9.
The developer shall grant and record an avigation easement to the City of Phoenix for
the site, per the content and form prescribed by the City Attorney prior to final site plan
approval.
10.
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.
11.
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.
12.
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.
13.
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.