Supporting Document (e006d531...)

Item 5
CITY COUNCIl
MiiI -f
REPORT
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Meeting Date: October 20* 2026
General Plan Element: Land Use
General Plan Goal: Create a sense of community through land uses
ACTION
Select Education
UP-0005-2026
Request to consider the following:
1. Adopt Resolution No. 13790 for a Conditional Use Permit for an educational service,
elementary and secondary school, on a +/-5 -acre site with Single-Family Residential {Rl-190
ESL) zoning located at 9201 E. Happy Valley Road.
Goal/Purpose of Request
The applicant’s request is for a Conditional Use Permit for a new school.
Key Items for Consideration
• Conformance with the Conditional Use Permit Criteria
• Student enrollment of 40 with the potential of 250
• Existing on-site parking accommodates proposed use and vehicle queueing for student drop off
and pick up.
• One Public comment received in support of this request
• Planning Commission heard this case 9/9/2026 and recommended approval with a vote of 7-0
OWNER____________________________________________________________
Living Water Lutheran Church
Darnell Pettengill
APPLICANT CONTACT
Joseph Martinka -E Happy Valley kd-0
Select Education LLC
480-516-2868 35
I SliTiE
LOCATION
9201 E Happy Valley Rd
AeUenTaton.

Planning Commission Report | Select Education
BACKGROUND
General Plan
The General Plan Land Use Element designates the property as Rural Neighborhoods. This
category includes low density and large lot development, including horse privilege neighborhoods
and areas with particularly sensitive and unique natural environments.
Zoning
The site is zoned Single-family Residential Environmentally Sensitive Lands (R1-190 ESL). The
R1-190 zoning district allows single family homes, churches, and educational services through
the Conditional Use Permit process.
Context
The subject property is located at the southeast corner of E Happy Valley Road and N 92"'* Street.
Single- Family Residential properties are located to adjacent dedicated right-of way surrounding
this property. Directly east of the subject property there are Single-Family Residences. Please
refer to context graphics attached.
Adjacent Uses and Zoning
• North: Single-Family Residential Environmentally Sensitive Lands (R1 -70 ESL (HD))
• South: Single-Family Residential Environmentally Sensitive Lands (R1 -190 ESL)
• East: Single-Family Residential Environmentally Sensitive Lands (R1 -190 ESL)
• West: Single-Family Residential Environmentally Sensitive Lands (R1 -43 ESL)
Other Related Policies, References:
Scottsdale General Plan 2035, as amended
Zoning Ordinance
APPLICANrS PROPOSAL
Development Information
The applicant’s request is for approval of a Conditional Use Permit for an educational service,
elementary and secondary school, to allow for a new preschool in an existing +/-18,000 square
foot single story building located on a +/-5 acre site.
• Existing Use: Place of Worship (POW)
• Proposed Use: Place of Worship & Educational service, elementary and secondary
school
• Buildings/Description: 3 detached buildings: totaling +/-18,000 square feet
Northern buildings (2-existing (no changes requested) POW): +/-
9,507 square feet
Southern building (existing, no changes requested): +/-
8,220 square feet
• Parcel Size: +/-178,325 square feet and/or+/-5 acres
• Building Height Allowed: 30 feet
Page 2 of 8

Planning Commission Report | Select Education
• Building Height Proposed: 28 feet (existing)
• Parking Required: 117 spaces
• Parking Provided: 139 spaces
• Open Space Required: +/-42,816 square feet
• Open Space Provided: +/-101,131 square feet
• Floor Area Ratio: ,099
IMPACT ANALYSIS
Conditional Use Permit
Conditional Use Permits, which may be revocable, conditional, or valid for a specified time period,
may be granted only when expressly permitted after the Planning Commission has made a
recommendation and City Council has found as follows:
A. That the granting of such Conditional Use Permit will not be materially detrimental to the
public health, safety or welfare. In reaching this conclusion, the Planning Commission and
the City Council’s consideration shall include, but not be limited to, the following factors:
1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.
• The proposed educational service use will be conducted primarily indoors within
the existing building on-site. The type of use for this site is not anticipated to
generate any noise, smoke, odor, dust, vibration or illumination that could
negatively impact surrounding areas. A centrally located 6 ft CMU walled outdoor
play area exists within proximity to existing single family residences 100+ feet to
the east, 100+ feet to the west and 200+ feet to the south and 200+ feet to the north
compatible with ordinance requirements. A minimum 25 foot area adjacent
residential is provided to supplement the outdoor playground area.
2. Impact on surrounding areas resulting from an unusual volume or character of traffic.
• Parking for the proposed site requires 117 spaces, 139 spaces are provided.
• The circulation plan depicts a counterclockwise flow with vehicles entering from
the western driveway on N. 92nd Street and exiting from the western driveway on
92nd Street. Access to the site is also available at the eastern entrance from
Happy Valley Road (right in, right out). The subdivision to the west. Solitude, has
no direct vehicular or pedestrian access on to N. 92nd Street nor an existing
sidewalk. School staff will manage this flow through an operational plan. The
proposed land use is not anticipated to negatively affect the overall level of
service for the surrounding area.
B. The characteristics of the proposed conditional use are reasonably compatible with the types
of uses permitted in the surrounding areas.
• The site currently operates as a Place of Worship with a preexisting, freestanding
education building. The proposed educational service is reasonably compatible
Page 3 of 8

Planning Commission Report | Select Education
with the surrounding land uses which includes church assemblies within the
subject parcel and single family residential to north, south, east and west.
C. The additional conditions specified in Section 1.403, as applicable, have been satisfied.
The proposal meets the provisions for educational service as identified in Zoning Ordinance
Section 1.403.H., including:
1. There shall be no facilities regularly used for overnight housing or sleeping of students.
• No overnight housing or sleeping of students are proposed.
2. Minimum lot area: 43,000 square feet.
• The lot area of the site is +/-178,325 square feet.
3. Maximumfloorarea ratio: 0.2
• The floor area ratio of the existing building is less than that allowed by ordinance.
4. Noise: Outdoor speaker systems or bells are not allowed unless specifically approved by
City Council.
o No outdoor speakers or bells are proposed.
5. Required Open Space: Minimum 0.24 multiplied by the net lot area and for building
heights over twenty (20) feet, the minimum open space requirement plus 0.004 multiplied
by the net lot area for each foot of building height over twenty (20) feet.
• This property currently has sufficient locations to provide open space in the
amount to comply as necessary.
6. Parking
i. Parking shaU be allowed in the front yard setbacks of the district for schools on streets
classified in the Transportation Master Plan as minor collector or greater. On all other
street classifications, parking shall be located behind the established front building
iine(s).
V
• Parking stalls within site are existing and located behind the established
building line.
ii. There shall be a 3-foot-tall high landscaped berm or screen wall along the street
frontage vvhere parking occurs.
• There is a 6-foot existing CMU wall screening the parking from N. 92nd Street.
There is a 6-foot CMU wall on top of a berm screening parking along the
eastern property line and a screen wall alongthe northern property line.
iii. A minimum of fifteen (15) percent of all parking areas shall be landscaped in addition
to open space required above.
• The property is in compliance and is currently a Place of Worship, no
additions are proposed to the subject property.
iv. A 20-foot minimum landscape setback shall be provided where parking is adjacent to
residential districts shown on Table 4.100.A., or the residential portion of a Planned
Community (PC), or any portion of a Planned Residential Development (PRD) with an
underlying zoning district comparable to the residential districts shown on Table
4.100. A.
The site plan shows compliance as similarly required when operating as a
place of worship.
Page 4 of 8

Planning Commission Report [ Select Education
7. Lighting:
i. All pole-mounted lighting shall be directed down and shielded and shall be a
maximum of sixteen (16) feet in height.
ii. All lighting adjacent to residential districts shown on Table 4.100.A., or the residential
portion of a Planned Community (P-C), or any portion of a Planned Residential
Development (PRD) with an underlying zoning district comparable to the residential
districts shown on Table 4.T00.A., shall be setback a minimum of thirty (30) feet from
the property line.
iii. All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise
approved through a special event permit.
• All exterior lighting is existing and is glare shielded and in compliance, with
no additional lighting proposed.
8. Screening: There shall be a minimum six-foot high masonry wall and/or landscape screen,
as approved by the Development Review Board, On the side and rear property lines
adjacent to residential districts shown on Table 4.100.A., or the residential portion of a
Planned Community (P-C), or any portion of a Planned Residential Development (PRD)
with an underlying zoning district comparable to the residential districts shown on Table
4.100. A.
• An existing landscape buffer is provided along the side and rear property lines
that are adjacent to a residential district.
9. Access and Circulation Plan:
I. All private schools, universities and colleges shall have frontage on a street classified
in the Transportation Master Plan as a minor collector or greater.
ii. Side Street access to a local collector residential street is prohibited when the number
of students allowed to attend the school is greater than two hundred fifty (250).
• The maximum number of enrolled students is not to exceed two hundred and
fifty (250).
Mi. A drop off area shall be provided that accommodates a minimum of five (5) cars at one
(1) time.
• A drop off area is designated at the building entrance that will accommodate
five (5) vehicles.
iv. The appilicant shall submit a circulation plan to ensure minimal conflicts between the
student drop-off area(s), potential van and bus drop-off area(s), parking, access
driveway(s), pedestrian paths, and bicycle paths on site.
The school proposes to re-stripe the area on the west side of the site to
provide 5 parallel parking spaces instead of the ten existing, typical parking
spaces. During school drop-off and pick-up, the site would temporarily close
the 5 parallel parking stalls on the west portion of the site. A “coned off”
pathway would be provided between the drop-off / pick-up area and the
entrance to the Education Building where school will be held. The school and
church will work with the garbage collection service provider to make sure
that the trash enclosure is not servicecl during school beginning and end
times.
Page 5 of 8

Planning Commission Report | Select Education
10. Operations:
i. No outdoor activities shall be permitted after 8:00 p.m. unless otherwise approved
through a special event permit.
• An existing playground is attached to the preschool and the applicant
agrees to this condition.
ii. Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall
be setback fifty (50) feet from the property line (including right-of-way width) of any
property with a zoning of any single-family residential district shown on Table 4.1 OO.A.,
or the single-family residential portion of a Planned Community (P-C), or any portion of
a Planned Residential Development (PRD) with an underlying zoning district comparable
to the single-family residential districts shown on Table 4.1 OO.A.
• The existing playground is approximately 85 feet from the nearest
residential district.
iii. Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall
be setback twenty-five (25) feet from the property line (including right-of-way width) of
any property with a zoning of Two-family Residential (R-2), Medium Density Residential
(R-3), Townhouse Residential (R-4), Resort/Townhouse Residential (R-4R), Multiple-
family Residential (R-5), or Manufactured Home (M-H).
• The application complies with this requirement
iv. All playgrounds and outdoor activity areas shall be screened from any residential
district shown on Table 4.1 OO.A., or the residential portion of a Planned Community (P-
C), or any portion of a Planned Residential Development (PRD) with an underlying
zoning district comparable to the residential districts shown on Table 4.1 OO.A. by a
minimum six-foot high screen wall and/or landscape screen, as approved by the
Development Review Board.
• An existing 6-foot-tall fence adequately screens the existing playground.
11. Building Design: All buildings shall be designed to be compatible with the surrounding
residential neighborhood, subject to review and approval by the Development Review
Board.
No design changes are proposed to the existing building.
Water/Sewer
All infrastructure upgrades necessary to serve this project will be completed by the
applicant. No water or sewer improvements will be required at this time.
Public Safety
There are no anticipated police and fire services impacts as a result of the proposed use. The
nearest fire station is within 2 miles and located at 26380 N Hayden Rd.
Community Involvement
The City of Scottsdale promotes public participation in the development of the built environment.
The applicant has complied with the city’s suggested best practices for public outreach. The site
was posted with the required signage and property owners within 750 feet of the site were notified
Page 6 of 8

Planning Commission Report | Select Education
by mail from both the applicant and City. As of writing this report staff has received one email in
support of the project, shown in attachment 5.
Community Impact
This proposal provides additional educational opportunities for the area. The site is designed to
accommodate both vehicular drop-off and pick-up of children, with adequate queuing, as well as
parental walk-ups.
Other Boards and Commissions
Planning Commission:
Planning Commission heard this case on September 9, 2026 and recommended approval with a
7-0 vote.
Recommended Approach:
Staff recommended that the Planning Commission find that the CUP criteria have been and that
the proposed conditional use permit is consistent and conforms with adopted General Plan, per
the attached stipulations.
STAFF RECOMMENDATION
Recommended Approach:
1. Adopt Resolution No. 13790 for a Conditional Use Permit for an educational service,
elementary and secondary school, on a +/-5 -acre site with Single-Family Residential (R1-
190 ESL) zoning located at 9201 E. Happy Valley Road.
RESPONSIBLE DEPARTMENT
Planning and Development Services
Current Planning Services
STAFF CONTACT
Chris Zimmer
Senior Planner
480-312-2347
E-mail: czimmer@ScottsdaleAZ.gov
Page 7 of 8

Planning Commission Report | Select Education
APPROVED BY
9/21/26
Chris Zimmer, Report Author Date
10/1/2026
Tim Curtis, AlCP, Current Planning Director Date
Planning Commission Liaison
Phone: 480-312-4210 Email: tcurtis@scottsdaleaz.gov
10/05/2026
Erin Perreault, AlCP, Sr. Director Date
Planning and Development Services
Phone: 480-312-7093 Email: eperreault@scottsdaleaz.gov
ATTACHMENTS
1. Context Aerial
2. Applicant narrative
3. Resolution No. 13790
Exhibit 1: Aerial Close Up
Exhibit 2: Stipulations
Exhibit A to Exhibit 2: Site Plan
Exhibit B to Exhibit 2: Floor Plan
Exhibit 3: Additional Conditions
4. Existing Zoning Map
5. Community Involvement
6. City Notification Map
7. Planning Commission Meeting Minutes September 9, 2026
Page 8 of 8

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ATTACHMENT #1

Living Water Lutheran Church and Select Education LLC
Conditional Use Permit / Project Narrative
Request by owner for a conditional use permit for an Educational service, elementary school on
a +/-4.09 acre site with Single-Family Residential Environmental Sensitive Lands (R1-190 ESL)
zoning located at 9201 E Happy Valley Rd.
The proposed use is consistent with the intent of Scottsdale Zoning Ordinance Section 5.102
because it provides an educational service that benefits local families while maintaining
compatibility with the surrounding area. Select Education serves a limited number of students in
a structured academic environment focused on individualized instruction, student growth, and
educational enrichment.
The operation is designed to minimize impacts on neighboring properties. Student enrollment is
intentionally limited, resulting in significantiy lower traffic generation, noise levels, and site
activity than many other permitted institutional or commercial uses. Activities are conducted
primarily indoors during normal daytime hours, and outdoor activities are supervised and
organized to ensure compatibility with adjacent properties.
Adequate parking is available on-site for staff, parents, and visitors. Student drop-off and
pick-up procedures are managed to promote safety and minimize traffic congestion. The use will
not create excessive noise, lighting, or other nuisances that would adversely affect surrounding
properties.
The proposed educational use supports Scottsdale's commitment to providing diverse
educational opportunities for families and contributes positively to the surrounding community by
offering a high-quality learning environment focused on academic achievement, personal
growth, and community engagement.
For these reasons. Select Education believes the proposed use is consistent with the intent and
purpose of Section 5.102 and satisfies the findings necessary for approval of the requested Use
Permit.
A. That the granting of such Conditional Use Permit will not be materially detrimental to the
public health, safety or welfare. In reaching this conclusion, the Planning Commission and the
City Council’s consideration shall include, but not be limited to, the following factors:
1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.
• The proposed educational service use will be conducted primarily indoors within the
existing building on-site. The type of use for this site is not anticipated to generate any
noise, smoke, odor, dust, vibration or illumination that could negatively Impact
surrounding areas. A centrally located 6 ft CMU walled outdoor play area exists with
its proximity to existing single family residences 100+ to the east, 100+ to the west and
200+ to the south and 200+feet to the north away compatible with the ordinance
ATTACHMENT #2

requirement. A minimum of 25 feet to adjacent residential to supplement the outdoor
playground area.
2. Impact on surrounding areas resulting from an unusual volume or character of traffic.
• The circulation plan depicts a counterclockwise flow with entering vehicles from the
western driveway on N. 92nd St. and exiting vehicles from the western driveway on 92nd St.
Access to the site is also available at the eastern entrance from Happy Valley Road, which is
divided at that location (right in, right out). The subdivision to the west Solitude has no direct
vehicular or pedestrian access to N. 92nd St. nor an existing sidewalk. School staff will manage
this flow through an operational plan. The proposed land use is not anticipated to negatively
affect the overall level of service for the surrounding area.
B. The characteristics of the proposed conditional use are reasonably compatible with the types
of uses permitted in the surrounding areas.
• The site currently operates as a Place of Worship with a preexisting, freestanding
education building. The proposed educational service is reasonably compatible with
the surrounding land uses which include church assemblies to the north and single
family residential to north, south, east and west.
C. The additional conditions specified in Section 1.403, as applicable, have been satisfied. The
proposal meets the provisions for educational service as identified in Zoning Ordinance Section
1.403.H., including:
1. There shall be no facilities regularly used for overnight housing or sleeping of students.
• Not Applicable. No overnight housing or sleeping of students are proposed.
2. Minimum lot area: 43,000 square feet.
• Lot area of the site is 217,773 sq/ft.
3. Maximum floor area ratio: 0.2
• The floor area ratio of the existing building is less than the required.
4. Noise: Outdoor speaker systems or bells are not allowed unless specifically approved by
City Council.
• Not applicable. No outdoor speakers or bells are proposed.
5. Required Open Space: Minimum 0.24 multiplied by the net lot area and for building heights
over twenty (20) feet, the minimum open space requirement plus 0.004 multiplied by the
net lot area for each foot of building height over twenty (20) feet.
• Existing Open Space: 42,816ft required. 101,131 sq ft provided.
• First 20 ft of height equals 24% of net lot area.
• Area equals 0.24 times 178,398 sq ft equals 42,816 sq ft. Next 20 ft of height
equals 0.04% per sq ft. times net total area. Lot area equals .004 times 17 times
178,393 sq ft equals 12,131 sq ft. Total open space required equals 54,947 sq ft.
Total open space provided 101.131 sq ft.
• This application is within an existing education building and there are no
proposed changes to the existing building.
• The property is currently a Place of Worship. The proposed educational service
will operate within the preexisting, detached, freestanding educational building.

6. Parking
i. Parking shall be allowed in the front yard setbacks of the district for schools on streets
classified in the Transportation Master Plan as minor collector or greater. On all other
street classifications, parking shall be located behind the established front building
line(s).
• Parking stalls within the site are existing and located at the southeast corner of
the parking lot screened from the streets by existing sight walls.
ii. There shall be a 3-foot-tall high landscaped berm or screen wall along the street
frontage where parking occurs.
• There is a 6ft existing CMU wall screening the parking from N. 92nd St. There is a 6ft
CMU wall on top of a berm screening parking along the eastern property line. There is a
screened wall along the North side along Happy Valley Road.
iii. A minimum of fifteen (15) percent of all parking areas shall be landscaped in addition
to open space required above.
• The property is in compliance and is currently a Place of Worship, no additions
are proposed to the subject property.
iv. A 20-foot minimum landscape setback shall be provided where parking is adjacent to
residential districts shown on Table 4.100.A., or the residential portion of a Planned
Community (PC), or any portion of a Planned Residential Development (PRD) with an
underlying zoning district comparable to the residential districts shown on Table
4.100.A.
• The properties to the east are zoned R1-190-ESL and are not planned residential
developments.
7. Lighting:
i. All pole-mounted lighting shall be directed down and shielded and shall be a maximum
of sixteen (16) feet in height.
ii. All lighting adjacent to residential districts shown on Table 4.100.A., or the residential
portion of a Planned Community (P-C), or any portion of a Planned Residential
Development (PRD) with an underlying zoning district comparable to the residential
districts shown on Table 4.100.A., shall be setback a minimum of thirty (30) feet from
the property line.
iii. All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise
approved through a special event permit.
• All exterior lighting is existing and is glare shielded and will comply, with no
additional lighting proposed.
8. Screening: There shall be a minimum six-foot high masonry wall and/or landscape screen,
as approved by the Development Review Board, on the side and rear property lines adjacent
to residential districts shown on Table 4.100.A., or the residential portion of a Planned

Community (P-C), or any portion of a Planned Residential Development (PRD) \«ith an
underlying zoning district comparable to the residential districts shown on Table 4.100.A.
• An existing landscape buffer is provided along the side and rear property lines
that are adjacent to a residential district.
9. Access and Circulation Plan:
i. All private schools, universities and colleges shall have frontage on a street classified in
the Transportation Master Plan as a minor collector or greater.
ii. Side Street access to a local collector residential street is prohibited when the number of
students allowed to attend the school is greater than two hundred fifty (250).
iii. A drop off area shall be provided that accommodates a minimum of five (5) cars at one (1)
time.
• A drop off area is designated at the building entrance that will accommodate five (5)
vehicles.
• The school proposes to re-stripe the area on the west side of the site to provide 5
parallel parking spaces instead of the ten existing, typical parking spaces.
• During school drop-off and pick-up, the site would temporarily close the 5 parallel
parking stalls on the west portion of the site.
• A “coned off" pathway would be provided between the drop-off / pick-up area
and the entrance to the Education Building where school will be held.
• The school and church will work with the garbage collection service provider to
makes sure that the trash enclosure is not serviced during the school begin and
end times.
iv. The applicant shall submit a circulation plan to ensure minimal conflicts between the
student drop-off area(s), potential van and bus drop-off area(s), parking, access
driveway(s), pedestrian paths, and bicycle paths on site.
• The applicant has provided a circulation plan that identifies a one-way circulation
pattern through the site and a 5 car drop-off southwest of the entrance of the
existing education building. At no time will there be more than 40 student vehicles
on site at one time and school provides staggered drop off and pickup times.
10. Operations:
i. No outdoor activities shall be permitted after 8:00 p.m. unless otherwise approved
through a special event permit.
• An existing playground is attached to the education building. Per applicants
agreement with Living Water Lutheran Church, no activities shall go
beyond 7pm and the applicant agrees to this condition.
11. Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall
be setback fifty (50) feet from the property iine (including right-of-way width) of any
property with a zoning of any single-family residential district shown on Table 4.100.A.,
or the single-family residential portion of a Planned Community (P- C), or any portion
of a Planned Residential Development (PRD) with an underlying zoning district

comparable to the single-family residential districts shown on Table 4.100.A.
• The existing playground is approximately 100+/- feet from the nearest
residential district.
iii. Any additions to, expansions of, or proposed playgrounds or outdoor activity areas shall
be setback twenty-five (25) feet from the property line (including right-of-way width) of
any property with a zoning of Two-family Residential (R-2), Medium Density
Residential (R-3), Townhouse Residential (R-4), Resort/Townhouse Residential (R-4R),
Multiple-family Residential (R-5), or Manufactured Home (M-H).
• The applicant complies with this requirement
iv. All playgrounds and outdoor activity areas shall be screened from any residential district
shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or
any portion of a Planned Residential Development (PRD) with an underlying zoning
district comparable to the residential districts shown on Table 4.100.A. by a minimum six-foot
high screen wall and/or landscape screen, as approved by the Development Review Board.
• An existing 6-foot-tall CMU wall adequately screens the existing playground.
11. Building Design: All buildings shall be designed to be compatible with the surrounding
residential neighborhood, subject to review and approval by the Development Review
Board.
• No design changes are proposed to the existing building

RESOLUTION NO. 13790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA, ADOPTING A CONDITIONAL USE
PERMIT FOR AN EDUCATIONAL SERVICE, ELEMENTARY AND
SECONDARY SCHOOL, WITH THEIR RELATED SERVICES AND
ACTIVITIES, ON A +/-5 ACRE SITE WITH SINGLE-FAMILY RESIDENTIAL
(R1-190 ESL) ZONING LOCATED AT 9201 E. HAPPY VALLEY ROAD.
WHEREAS, the Planning Commission held a public hearing on September 9, 2026;
NOW, THEREFORE, LET IT BE RESOLVED, by the City Council of the City of
Scottsdale, Maricopa County. Arizona, as follows:
Section 1. That the City Council finds:
a) that the granting of this conditional use permit per stipulations set forth on
Exhibit 2 will not be materially detrimental to the public health, safety or
welfare based on, but not limited to, the following factors: damage or
nuisance arising from noise, smoke, odor, dust, vibration or illumination and
impact on surrounding areas resulting from an unusual volume or character
of traffic:
b) that the characteristics of the proposed conditional use are reasonably
compatible with the types of uses permitted in the surrounding areas; and
Section 2. That a description of the conditional use permit is set forth in Case No. UP-
0005-2026. The property that is subject to the conditional use permit is shown on Exhibit 1 and
the conditional use permit approval is conditioned upon compliance with all of the stipulations that
are set forth in Exhibits 2 and 3. All exhibits are incorporated herein by reference.
PASSED AND ADOPTED by the Council of the City of Scottsdale this day
of ______________, 2026.
ATTEST; CITY OF SCOTTSDALE, an Arizona
Municipal Corporation
By:. By:__________________________
Ben Lane, City Clerk Lisa Borowsky, Mayor
APPROVED AS TO FORM:
0
LuieE. Santaella, City Attorney
By: Joe Padilla, Deputy City Attorney
19538247 Resolution No. 13790
Page 1 of 1
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Resolution No. 13790
Exhibit 1
Page 1 of 1

Stipulations for the Conditional Use Permit
For an Educational Service, Elementary and Secondary School
Select Education
Application Number: UP-0005-2026
These stipulations are in order to protect the public health, safety, welfare, and the City of Scottsdale.
SITE DESIGN
1. CONFORMANCE TO CONCEPTUAL SITE PLAN. Development shall conform with the conceptual
site plan attached as Exhibit A to Exhibit 2. Any proposed significant change to the conceptuai
site plan as determined by the Zoning Administrator, shall be subject to additional action and
public hearings before the Planning Commission and City Council.
2. OUTDOOR SPEAKERS OR BELLS. No outdoor speaker systems or bells shall be permitted.
3. OPERATIONS. No outdoor activities shall be permitted after 8:00 P.M. unless otherwise approved
through a special event permit.
4. OUTDOOR LIGHTING. Any new pole mounted lighting shall be directed down and shielded and
shall be a maximum height of sixteen (16) feet. Any new outdoor lighting adjacent to a residential
district shall be setback a minimum of thirty (30) feet from the property line.
TRAFFIC MANAGEMENT PLAN
5. The owner/developer shall have school administration comply with the following conditions:
A. School administration and its successors shall manage the traffic activity on school property
to not cause any incidents that result in vehicle queues for drop-off and loading of students to
extend out onto any abutting street(s) that blocks adjacent property access, including
promoting entrance from the west driveway, in coordination with the City Transportation
Dept.
B. At time of final plans submittal, the applicant/developer shall submit a circulation and
stripping plan that depicts access from the northern driveway. Any and all necessary
restriping or improvements associated with Exhibit A to Exhibit 2 shall be submitted,
reviewed, and approved by the transportation designee, to that reviewer's satisfaction, prior
to the issuance of any permit.
C. The school administration shall manage on-site circulation and site access by providing
staggered start and dismissal times as necessary, in coordination with the City Transportation
Dept
D. The school administration shall notify the City of Scottsdale Transportation Dept, at the time
of any changes made to the student drop-off and loading procedure.
OPERATIONS
6. The owner/developer shall have school administration comply with the following conditions:
A. At time of enrollment a copy of the circulation and stripping plan shall be provided to all
students, and/or their respective drivers, to reinforce access to and from the property.
B. Hours of operation shall begin no earlier than 7:00 AM and shall end no later than 6:00 PM,
not including special events.
C. No more than 250 students shall be allowed on campus at anv one time.
Resolution No. 13790
Exhibit 2
Page 1 of 1

CARLINE PLAN
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jMlWMUM REOUMEO M LAMDSCAPE OLAMO M&M MEETWOROOM: 3MSQ.FT. 7. tXIFT. CMUWAU
■ 1,33 C 1.144 SF>9.«MSF 1491 SO. PT PHASE ■ REOUMED PARKMC X EXAOAPARNNC
AREAPROVMED MS SO. FT. mrnMO ROOMS; X EX TRASH CMCLOSURMCIMIM BOLLARDS
LANDSCAPE ISLAND ■3J4SSP CLASSROOM: MS SO. FT. IX EXWKERACK
OTWR LANDSCAPE AREAS -AJMSP CLASSROOM 3MSaFT. CLASSROOM: SELECT at SMSO. PT. II. EXCMUWALL
TOTALPAMONG LOTLANOSCAPMS ••,2S4tP 4S3SQ.FT. CLASSROOM: SELECT Bl 4sa sq.pt. 13. RETEMTIOM SASM
FSzsaPT. CLASSROOMS; 1411 IX MAOS
413 SO. FT. IX ex RSTAMBM WALL MTH GUARD RAX ON TOP
EXISTING Nxaa TOTAL CLASSROOM S MEITWG AREA: 3488 Sa FT. TOTAL SPACES ROUMED FOR PHASES I AND! 117 IX STMPEOCROSSJWALK
S4>U so. PT. RraUMEO. IX 1B0FT.H8DECARLSMI
S4.443sarr.pRowoo PHASE 1 REOUMED Pil 17. SEMWAUCMSTSTREETTOSTUDENrOOeR
3S.SSSSO. rr.PROWEOUNOBnjMO AREAS WORSMPAREA: XSMSaFT.OMS PARRH6 EX. ACCESS1E 7 SPACES IX PROPOSED 8 FT.WATER LME eASEMEKrtlST ST.
1*431 so. PT. REVEGATATEO AMAS CLASSROOM 8 MECTMO AREA: 3488SO. FT.aOfr-13 PARKMO EX. STANDARD 137 SPACES
TOTAL SPACES REOUMED: IM TOTAL PARKMO ESSTSC 144 SPACES
Exmwo OPtMSPACE MINUS 8 PARALLEL SPACES PDRCARUMi
43418 so. PT.Ri PARKMO PROVKKO IM SPACES
111,131 SO.PT.pl BIKE PARNNO BXISTIHO H SPACES
FMST 3fl PT. OP HEIGHT - 34% OP NET LOT AREA
AREAM44I 17B4M SO. FT. - 42418 SF Resolution No. 13790
NEXT 31 FT. OF HEIGHT - 44% PER PT. i NET
LOT AREA H4I4 > 17 117*483 Sa FT. • 1X131 SF Exhibit A to Exhibit 2
TOTAL OPtM SPACE REOUMED ■ 8(447 SF
Page 1 of 1
OPEN SPACE PROVDEO 191,131 SF 1 8P 1

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EXHIBIT 3
Excerpt from the Zoning Ordinance of the City of Scottsdale, Section 5.102.B.8
8. Private or charter school having no room regularly used for housing or sleeping
overnight. Subject to Development Review Board approval and compliance with
standards, including, but not limited to, the following as well as those otherwise
required in the district.
a. Lot area: The minimum lot area shall be equal to that required for the district,
except that no lot shall be less than eighty-six thousand (86,000) square feet
minimum lot size.
b. Floor area ratio: In no case shall the gross floor area of the structure(s)
exceed an amount equal to two-tenths (0.2) multiplied by the net lot area.
c. There shall be no outside speaker system or bells.
d. Open space: In no case shall the open space, including play area, be less
than twenty-four (24) percent of the total lot area for zero (0) to twenty (20) feet of
total building height, plus four-tenths (0.4) percent of the total site for each foot of
height above twenty (20) feet. All NAOS requirements of the district must be met
and may be applied towards the overall open space requirements subject to
compliance with NAOS standards.
e. Parking: Parking shall be allowed in the front yard setbacks of the district for
schools on streets classified by the Scottsdale General Plan as minor collector or
greater. There shall be a three-foot high landscaped berm or wall along the street
frontage where parking occurs. On all other street classifications, parking shall be
located behind the established front building line(s). A minimum of fifteen (15)
percent of all parking areas in addition to open space in d. above shall be
landscaped. A twenty-foot minimum landscaped setback shall be provided where
parking is adjacent to residential districts.
f. Lighting: All pole mounted lighting shall be directed down and shielded and
shall be a maximum of sixteen (16) feet in height. All lighting adjacent to
residential districts shall be setback a minimum of thirty (30) feet from the
property line. All lighting, other than security, shall be turned off by 10:00 p.m.,
unless otherwise approved through a special event permit.
g. Screening: There shall be a minimum six-foot high masonry wall and/or
landscape screen, as approved by the Development Review Board, on the side
and rear property lines adjacent to residential districts.
h. Access: All private and charter schools shall have frontage on a street
classified by the Scottsdale General Plan as a minor collector or greater. Side
street access to a local collector residential street is prohibited when the number
of students allowed to attend the school is greater than two hundred fifty (250). A
drop off area shall be provided that accommodates a minimum of five (5) cars at
one time.
Resolution No. 13790
Exhibit 3
Page 1 of 2

i. Operations; No outdoor activities shali be permitted after 8:00 p.m. uniess
otherwise approved through a speciai event permit. Any additions to, expansions
of or proposed piaygrounds or outdoor activity areas shali be setback fifty (50)
feet from any R1 district property line (including right-of-way width) or setback
twenty-five (25) feet from any R2, R3, R4, R4-R, R5 or M-H district property line
(including right-of-way width). All playgrounds and outdoor activity areas shall be
screened from any residential district by a minimum six-foot high screen wall
and/or landscape screen, as approved by the Development Review Board.
j. Building design: All buildings shall be designed to be compatible with the
surrounding residential neighborhood. All building elevations shall be approved
by the Development Review Board.
k. Circulation plan; The applicant shall submit a circulation plan to insure
minimal conflicts between the student drop-off area, potential van and bus drop­
off area, parking, access driveways, pedestrian and bicycle paths on site.
Resolution No. 13790
Exhibit 3
Page 2 of 2

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Zoning Aerial |UP-0005-2026|
ATTACHMENT #4

From: Kristin Wanek <kristinwanek@gmail.com>
Sent: Tuesday, March 31, 2026 3:24 PM
To: Curtis, Tim <tcurtis@scottsdaleaz.gov>
Subject: Select ED AZ Microschool
j External Email: Please use caution if opening iinks or attachments!
Dear Members of the Scottsdale Planning Committee,
I am writing to respectfully request your support for Arizona Select ED, proposed to
operate at Living Water Lutheran Church in Scottsdale.
Arizona Select ED is designed to provide a Montessori-based educational option for
children who benefit from hands-on, experiential learning. These students often thrive in
structured yet flexible environments that emphasize movement, individualized pacing,
and tactile engagement.
In addition to the educational value this program brings to families, we want to
emphasize that this small school will operate in a manner fully compatible with
surrounding land uses and consistent with planning objectives. The school will remain
small and support the nearby community with unique family educational needs.
Traffic Impact
The program is intentionally small in scale, serving a limited number of students. Arrival
and dismissal will occur during defined windows, similar to other low-intensity
institutional uses already permitted in the area. Because enrollment is modest, vehicle
volume will be minimal and dispersed over short periods rather than creating sustained
congestion. Additionally, the existing church property already accommodates periodic
peak traffic during services and events, meaning the infrastructure is well suited for this
level of weekday activity.
ATTACHMENT #5
1

Noise Considerations
Montessori programs are intentionally calm, structured environments. Classroom
activities are primarily indoors and designed to promote focus and independent work.
Outdoor time is supervised, limited in group size, and occurs during standard daytime
hours. The scale of the program ensures noise levels remain consistent with typical
daytime activity in institutional or residential-adjacent settings.
Community Compatibility
This use aligns with the character of faith-based and community-serving institutions that
provide educational and enrichment opportunities within established neighborhoods. It
strengthens community resources without introducing commercial intensity, evening
operations, or high-traffic programming.
Arizona Select ED offers meaningful educational choice for families whose children
require a different learning environment to succeed, while maintaining a low-impact
operational footprint. We believe this proposal supports Scottsdale’s values of
community, educational diversity, and thoughtful land use planning. For my family in
particular, we are members of the church and look forward to hosting a school that
supports our daughters unique educational needs which failed to be met at our local
public institutions.
Thank you for your time and consideration. We respectfully request your approval and
support of this important initiative.
Sincerely,
Kristin Wanek
815-354-7007
Sent from my iPhone
2

City Notifications - Mailing List Selection Map
Select Education School
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Additional Notifications; Pulled Labels Map Legend:
June 23, 2026
Interested Parties List
Site Boundary
Adjacent HOA’s
P&Z E-Newsletter
Facebook
Properties within 750-feet
Nextdoor.com
City Website-Projects in the hearing process
Postcards: 36 UP-0005-2026
ATTACHMENT #6

Approved 9/23/2026
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SCOTTSDALE PLANNING COMMISSION
KIVA-CITY HALL
3939 DRINKWATER BOULEVARD
SCOTTSDALE, ARIZONA
WEDNESDAY, SEPTEMBER 9, 2026
‘SUMMARIZED MEETING MINUTES *
PRESENT: Joe Young, Chair
William Scarbrough, Vice Chair
George Ertel, Commissioner
Michal Ann Joyner, Commissioner
Doug Drake, Commissioner
Barney Gonzales, Commissioner
David Reid, Commissioner
ABSENT: None
STAFF: Tim Curtis
Joe Padilla
Becca Cox
Jeff Barnes
Chris Zimmer
Jason Katz
Jack Kelly
Jason McWilliams
CALL TO ORDER
Chair Young called the regular session of the Scottsdale Planning Commission to order at 5:00 p.m.
ROLL CALL
A formal roll call was conducted confirming members present as stated above.
MINUTES REVIEW AND APPROVAL
1. Approval of the August 12, 2026 Regular Meeting Minutes.
Commissioner Reid made a motion to approve the August 12, 2026 Regular Meeting
Minutes. Second by Commissioner Drake, the motion passed unanimously by a vote of
seven (7) to zero (0).
* Note: These are summary action minutes only. A complete copy of the meeting audio is available on the
Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission"
ATTACHMENT #7

Planning Commission
Regular Meeting Minutes
September 9, 2026
Page 2 of 3
Consent Agenda
2. 4-AB-2025 (Sierra Pinta Residence Abandonment)
Request by owner for the City of Scottsdale to abandon a twenty-five (25) foot roadway
easement along the northern boundary of the residential property located at 9021 E Sierra
Pinta Drive with Single-family Residential Environmentally Sensitive Lands Overlay (R1-35
ESL) zoning. Owner to dedicate property interests, if required, to the City of Scottsdale.
Staff contact person is Jason Katz, 480-312-2542. Applicant contact person is Treg
Day, 602-377-9060.
3. AB-0002-2026 (60*^ St. Abandonment)
Request by applicant for the City of Scottsdale to abandon sixty-six feet of right-of-way
along the N 60th Street alignment between E Quail Track Drive and E Pinnacle Vista Drive
adjacent to the property located at 5932 E Quail Track Drive with existing Single-family
Residential Environmentally Sensitive Lands Foothills Overlay (R1-43 ESL FO) zoning.
Property owner to dedicate necessary Water and Sewer Facilities Easement with plat
combining existing parcels and subject right-of-way. Staff contact person is Jason Katz,
480-312-2542. Applicant contact person is Margaret Walker, 480-250-8022.
4. AB-0003-2026 (Scottsdale and Dixileta GLO Abandonments)
Request by owner for re-approval of an expired abandonment approval of certain 33-foot
General Land Office Patent (GLO) easement segments and the east 13-feet of the 33-foot
(GLO) easement running along N. 71st Street, all within a +/-17.52-acre site, located at the
northwest corner of N. Scottsdale Road and E. Dixileta Drive with Single-family
Residential, Environmentally Sensitive Lands, Foothills Overlay zoning (R1-43 ESL FO).
Owner to dedicate property interests to the City. Staff contact person is Jeff Barnes, 480-
312-2376. Applicant contact person is Jon Gitt, 480-207-2687.
Items No. 2, 3 & 4; Vice Chair Scarbrough made a motion for recommendation of approvai
to City Council for cases 4-AB-2025, AB-0002-2026 and AB-0003-2026 after finding that the
proposed abandonments are consistent and conform with the adopted General Plan, per
the attached stipulations. Second by Commissioner Ertel, the motion passed unanimously
by a vote of seven (7) to zero (0).
5. UP-00Q5-2026 (Select Education)
Request for a Conditional Use Permit for an educational service, elementary and
secondary school, on a +/-5 -acre site with Single-Family Residential (R1-190 ESL) zoning
located at 9201 E. Happy Valley Road. Staff contact person is Chris Zimmer, 480-312-
2347. Applicant contact person is Joseph Martinka, 480-516-2868.
Item No. 5; Moved to Regular Agenda. Commissioner Ertel made a motion for
recommendation of approval to City Council for case UP-0005-2026 after finding that the
CUP criteria have been met and that the proposed Conditional Use Permit is consistent and
conforms with the adopted General Plan, per the attached stipulations. Second by
Commissioner Drake, the motion passed unanimously by a vote of seven (7) to zero (0).
* Note; These are summary action minutes oniy. A complete copy of the meeting audio is available on the
Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission”

Planning Commission
Regular Meeting Minutes
September 9, 2026
Page 3 of 3
ADJOURNMENT
With no further business to discuss, the regular session of the Planning Commission
adjourned at 5:21 p.m.
* Note: These are summary action minutes only. A complete copy of the meeting audio is available on the
Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission”