Attachment D - VPC Summary-Recommendation - Z-12-21-2.pdf

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Village Planning Committee Meeting Summary 
Z-12-21-2
Date of VPC Meeting 
October 04, 2021 
Request From 
C-2 (Intermediate Commercial)
Request To 
PUD (Planned Unit Development)
Proposed Use 
Multifamily residential and commercial uses
Location 
Southwest corner of Scottsdale Road and Bell
VPC Recommendation 
Approval, subject to two stipulation modifications and 
two additional stipulations 
VPC Vote 
11-4 with committee members DiMassa, Gerst,
Goodhue, Hall, Mazza, Mortensen, Popovic, Severs,
Sparks, Wise, and Gubser in favor. Committee
members Balderrama, Petersen, Ward and Lesher not
in favor.
VPC DISCUSSION:
1 speaker card was submitted in support, wishing to speak 
Mr. David Simmons, staff, provided an overview of the request to include 
background of how the area developed overtime. He went over the GPA and 
Rezoning requests concurrently as they are companion cases and reminded the 
Committee that the GPA case will require a motion prior to the rezoning request. 
Mr. Simmons shared how the GPA request is consistent with several core values 
of the General Plan. He explained that the rezoning request supports several 
policy plans to include the Maricopa Association of Governments (MAG) Desert 
Ridge and Kierland Employment Center, Comprehensive Bicycle Master plan, 
Tree and Shade Master Plan, Complete Streets Guiding Principles, Zero Waste 
Phoenix as well as helps to meet the goals of The Housing Phoenix Plan. Mr. 
Simmons also shared the reasoning behind several of the proposed stipulations 
for the case including Stipulation 1.e. recommending the building height be 
limited to a maximum of 110 feet as there is no existing policy basis to support 
the proposed height of 141 feet. However, since no adopted policy plan exists for 
the Scottsdale Road corridor, the Village Planning Committee is more than able 
to recommend what they feel is appropriate for this site. He shared that the site is 
unique as it is located on the corner of two Major Arterials as well as transit 
corridors, which could warrant more height.  
Vice Chairman Joe Lesher asked staff what the maximum height is. 
Attachment D

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Simmons shared that the maximum heigh stipulated by staff is 110 feet, 
however, the applicant is proposing a maximum height of 141 feet, exclusive of 
root top amenity structures.  
Ms. Diane Petersen shared that she has concerns with traffic patterns on the 
private access drive (71st Street).  
Applicants Response:  
Mr. Nick Wood, Snell & Wilmer, provided an in-depth and detailed presentation 
on both cases concurrently. He stated that the existing commercial retail on this 
site is closing and as a result, the property is selling. He shared that the 
proposed project is an architectural marvel that will be highlighted as a “gem” of 
the corridor, if approved as proposed by the applicant. He shared that corner 
serves as a gateway to the Kierland area and Scottsdale Road corridor to the 
south. He also highlighted that the improvements to the site would be a welcome 
addition to the area, creating a pedestrian friendly environment and an 
aesthetically pleasing entry gateway with pedestrian friendly lighting and an 
above par garage wrap, mimicking commercial retail storer frontages.  
Mr. Wood shared that the Scottsdale Airport employs more than 50, 000 people 
currently and is growing to accommodate more than 70,000 workers in tech and 
other high paying, professional industries. Housing is needed for this growth in 
workforce and this proposal would fulfill the need for executive level housing 
options in the area. He also highlighted that the proposal is located within a Major 
Employment Center. This proposal would also fulfill the goals of alternative 
housing option in a Major Employment Center. Mr. Wood elaborated on Centers 
and Corridors outlined int eh City of Phoenix General Plan. Although no formal 
Centers or Corridors have been adopted, the Kierland Area would constitute this, 
but has yet to be formally established. The applicants proposed height would be 
supported if this corridor was considered a formal Corridor. Mr. Wood also 
shared graphics of what the roof top amenity areas would look like upon 
completion. Further, Mr. Wood shared projected traffic counts and emphasized 
that this proposal would not add any additional strain to traffic patterns in the 
area, per CivTech’ s traffic analysis.  
Mr. Wood proposed changes to two at staff’s recommended stipulations as 
follows:  
Stipulation No. 1.d. Update narrative to reflect a maximum building height of 141 
feet, inclusive EXCLUSIVE of non-dwelling space utilized for resident amenities 
location on the roof deck. 
Stipulation No. 1.e. Add the following development and design standards to the 
development narrative: A minimum of two building entrances, one on OR 
WITHIN 50 FEET OF Scottsdale Road and one on OR WITHIN 50 FEET OF Bell 
Road, that directly connects to the publicly accessible sidewalk adjacent to the 
street. All pedestrian entrances shall be defined by pedestrian-oriented scale and 
the use of distinctive materials and architectural elements per Section 1305.3.a. 
in the Zoning Ordinance, as approved by the Planning and Development 
Department.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Lastly, Mr. Wood went over community outreach efforts and applauded the team 
for mitigating all opposition prior to public hearings for recommendation.  
Ms. Cindy DiMassa stated that there are currently no sidewalks along the 
private access drive (71st St). If pedestrians do not have access to Bell Road and 
Scottsdale road residents will have to walk on the private access drive, which will 
put them in danger.  
Mr. Wood shared that they are proposing exits for residents on the corners of the 
building, which will provide direct access to tenants to both Bell road and 
Scottsdale Road from eh building.  
Mr. Robert Goodhue asked if the public outreach slide, reflecting all of the dots, 
address building heights.  
Mr. Wood shared that the graphic does not address building heights but is 
directly related to a broad based policy document similar to a General Plan.  
Mr. Alex Popovic gave kudos to the development team for mitigating all 
opposition prior to coming before the hearing bodies for recommendation. He 
shared that he is in full support of the proposal as presented by the applicant, to 
include the proposed height of 141 feet.  
Vice Chairman Joe Lesher asked if the intersection at 71st Street and Bell was 
safe for left hand turns wests bound on Bell.  
Ms. Dawn Cartier, CivTech Traffic Engineer, shared that the intersection is safe, 
but not easy to maneuver during peak hours.  
Ms. Toby Gerst asked staff why the proposed stipulation limiting the height to 
110 feet.  
Mr. Simmons shared that there is no current adopted policy plan in place that 
would support the applicants proposed height at this time, but there are site 
conditions that would warrant a height of 110 feet based on formulas used to 
justify heights on recently approved projects using distance from single-family 
residential as a justification.  
Mr. Wood shared that the staff reports highlights that the Village Planning 
Committee is open to make recommendations on height due to the lack of 
existing policy plans int eh area. He defended the proposed height of 14q feet, 
exclusive of root top amenity structures.  
Ms. Gerst asked if the applicants proposed height was okay with the City of 
Scottsdale Aviation Department.  
Mr. Simmons shared that the City of Scottsdale Aviation Department did not 
provide any recommended stipulations in regard to height for this proposal.  
Mr. Roy Wise asked if 71st Street has access to Bell Road and Scottsdale Road.  
Mr. Wood shared that access is exiting on both Major Arterials from the private 
access drive (71st Street).

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Paul Severs asked if this proposal was limited to 110 feet, as proposed by 
staff, would it kill the project from moving forward.  
Mr. Wood shared that the project would not make economic sense if it were to 
be capped at 100 feet, therefore, it would kill the project.  
Mr. Alan Sparks shared that he loves the building as proposed. He shared that 
he lives in the neighborhood and has no objection to the applicants proposed 
height. However, he shared that he is opposed to the project due to lack of 
improvements on 71st Street. He stated that there are no proposed or existing 
sidewalks on the private access drive. He shared that the street is too narrow 
and is a small two way private street. He also shared that people illegally park 
along the street, which blocks easy ingress and ingress through the area. He 
also shared concerns about emergency responders being able to get through the 
street when cars are illegally parked along it. He asked if the developer plans to 
improve it or address the existing inadequate conditions.  
Mr. Wood shared that CivTech determined that the private access drive was 
indeed adequate and safe in regard to the number of units proposed. He shared 
that this is outlined in the traffic analysis report generated by the traffic engineer.  
Ms. Gerst asked if the number of units proposed was for the 110 feet or 141 feet.  
Mr. Wood shared that the 255 units were proposed at the height of 14 feet. If the 
project is capped at 110 feet, the developer will walk away, and the project will 
not come to fruition.  
Ms. Gerst asked if it were a possibility to gate the private access way in an effort 
to make the project a private community.  
Mr. Wood shared that this was not a possibility as the public needs access 
through the private access drive as well.  
Chairman Robert Gubser shared that higher traffic generating uses line the 
private access drive and the aces way functions just fine now. 
Mr. Wood concurred.  
Mr. Popovic asked what alternative exists for the site if this project dies not 
come to fruition. He also shared concerns with illegal parking along the private 
access way. He recommended having illegally parked cars towed to help to 
mitigate this problem.  
Ms. Diane Petersen asked if the developer would walk if the height were capped 
at 110 feet.  
Mr. Wood shared that the developer would walk if the height were to be capped 
at 110 feet.  
Public Comment:  
Mr. Bryan Jefferies spoke in support of the proposal. He shared that this use 
would generate much lower traffic counts than a commercial use and provides 
alternative housing options for executives working in the Scottsdale Airpark. He 
also shared that he proposed heigh by the developer is a non-issue as the

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
project is quite far away from single-family residential uses. He stated that the 
project would not have a negative impact on existing residents.  
Mr. Abram Bowman left the meeting around 8:00, bringing quorum down to 15.  
Applicants Response:  
Ms. Dawn Cartier, CivTech Traffic Engineer, proposed an alternative to the 
perceived issues with the right hand turn onto Bell Road from the private access 
drive. She recommended the committee propose an additional stipulation 
requiring further discussion with the Streets department for the addition of a 
refuge lane on Bell Road west bound.  
Mr. Nick Wood, Snell & Wilmer, stated that he would be happy to add this as a 
stipulation. He shared that the applicant would have to ask permission for an 
additional lane in the median from the Streets department.  
Chairman Robert Gubser asked if there were any additional concerns about 
71sst Street servicing this project.  
Ms. Cartier replied, no.  
Mr. Alan Sparks stated that he does have concerns with the existing conditions 
on 71st Street.  
Mr. Wood asked the committee to recommend approval subject to the two 
stipulation modifications he proposed as well as the addition of two additional 
stipulations discussed by the committee.  
Chairman Gubser expressed his full support of the project as proposed by the 
applicant.  
Vice Chairman Joe Lesher expressed concerns with the proposed height. He 
shared that he had researched height in the area and the closets building with 
similar heigh were located on the Scottsdale Waterfront in Old town Scottsdale. 
He also shared that the new buildings along Tempe Town lake were comparable 
in height. He shared that he is willing to support the staff recommendation of 110 
feet maximum. He shared that he feels that the applicants proposed height does 
not feel right for this area.  
Ms. Cynthis DiMassa stated that towing the cars along the private access drive 
would be a waste of time for the Phoenix Police Department.  
Mr. Robert Goodhue stated that he has a couple of issues. He shared that is a 
building were to have a height proposed by this applicant in this area, this site 
would be the most appropriate. He also shared that the character of the area is 
changing in this direction.  
Ms. Gerst asked if it would be more palatable for the maximum building height to 
be 141 feet inclusive of the roof top amenity structures.  
Mr. Wood shared that the roof top amenity structures are in descript and cannot 
be seen from the street level.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Ms. Jennifer Hall stated that the committee does not have an adopted policy 
basis for this area, even though it has been asked to be initiated in the recent 
past. She stated that the applicant’s proposal of 141 feet is acceptable due to the 
unique conditions on this specific site. She is also amazed that there is no public 
opposition and applauded the applicant for mitigating all concerns prior to public 
hearings.  
MOTION:  
Mr. Alex Popovic made a motion to recommend approval of Rezoning Case No. 
Z-12-21-2, with two stipulation modifications and two additional stipulations.   
Mr. Roy Wise seconded the motion. 
VOTE:  
11-4 with committee members DiMassa, Gerst, Goodhue, Hall, Mazza, 
Mortensen, Popovic, Severs, Sparks, Wise, and Gubser in favor. Committee 
members Balderrama, Petersen, Ward and Lesher not in favor.  
 
Stipulations:  
 
1. An updated Development Narrative for the Scottsdale and Bell 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 September 14, 2021, as modified by the 
following stipulations: 
 
 
 
a. Front Cover: Remove “HEARING DRAFT” and revise submittal date 
information on bottom of the cover page as follows:  
1st Submittal: February 19, 2021 
2nd Submittal: May 4, 2021 
3rd Submittal: August 23, 2021 
Hearing Draft: September 14, 2021 
City Council adopted: TBD 
 
 
 
b. Update narrative to include a comparative parking standards table to the 
final narrative. 
 
 
 
c. 
Add the following development and design standards to the development 
narrative: A minimum of two building entrances, one on OR WITHIN 50 
FEET OF Scottsdale Road and one on OR WITHIN 50 FEET OF Bell Road, 
that directly connects to the publicly accessible sidewalk adjacent to the 
street. All pedestrian entrances shall be defined by pedestrian-oriented 
scale and the use of distinctive materials and architectural elements per 
Section 1305.3.a. in the Zoning Ordinance, as approved by the Planning 
and Development Department. 
 
 
 
 
e. Update narrative to reflect a maximum building height of 110  feet, inclusive 
E of non-dwelling space utilized for resident amenities location on the roof 
deck.

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
 
f. 
Update the development narrative to include a General Plan Land Use Map 
as an exhibit depicting the existing and proposed designations, siting the 
companion GPA case number.  
 
 
 
2. The developer shall dedicate a total of 70-feet of right-of-way for the south half 
of Bell Road and construct the roadway, as approved by the Planning and 
Development Department. 
 
 
3. 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. 
 
 
4. The developer shall submit a Traffic Impact Study (TIS) to the City for this 
development. No preliminary approval of plans shall be granted until the study 
had been reviewed and approved by the City. Additional off-site improvements 
and right-of-way dedications may be required as identified in the approved traffic 
study. Development shall be responsible for the cost associated with these 
improvements and dedications.  
 
 
5. The property owner shall record documents that disclose the existence, and 
operational characteristics of Scottsdale Municipal Airport (SDL) 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.   
 
 
6. The developer shall provide documentation to the City of Phoenix prior to final 
site plan approval that Form 7460-1 has been filed for the development and that 
the development received a “No Hazard Determination” from the FAA. If 
temporary equipment used during construction exceeds the height of the 
permanent structure a separate Form 7460-1 shall be submitted to the FAA and 
a “No Hazard Determination” obtained prior to the construction start date. 
 
 
7. 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. 
 
 
8. THE DEVELOPER SHALL COLLABORATE WITH THE STREET 
TRANSPORTATION DEPARTMENT TO REVIEW THE POTENTIAL FOR A 
REFUGE LANE IN THE MEDIAN WEST BOUND ON BELL ROAD AT 71st 
STREET.  
 
 
9. THE DEVELOPER SHALL DEDICATE A PUBLIC ACCESS EASEMENT 
ALONG THE SOUTHERN PROPERTY BOUNDARY TO SCOTTSDALE ROAD 
TO PROVIDE PUBLIC ACCESS FROM THE SITE TO SCOTTSDALE ROAD.  
 
           Staff Comments:  
 
None