Attachment D - VPC Summary - Z-6-20-2.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-6-20-2 
Date of VPC Meeting 
October 5, 2020 
Request From 
C-2 PCD (Intermediate Commercial, Planned 
Community District) (1.51 acres) 
Request To 
PUD (Planned Unit Development) (1.51 acres) 
Proposed Use 
Multifamily residential and commercial uses 
Location 
Approximately 750 feet north of the northeast corner of 
71st Street and Kierland Boulevard 
VPC Recommendation 
Approval, per staff’s recommendation 
VPC Vote 
12-3 
VPC DISCUSSION & RECOMMENDATION: 
2 speaker cards were submitted in opposition, wishing to speak. 
Mr. David Simmons, staff, provided an overview of the request. He discussed 
current heights in the area, the General Plan Land Use Map designation, the 
surrounding zoning designations and uses and setbacks proposed. Mr. Simmons 
also discussed several policy plans in which this proposal is in line with, including 
the Bicycle Master Plan, Major Employment Centers, Complete Streets Guiding 
principles and more.  
Mr. Nick Wood, with Snell & Wilmer, representing the applicant, provided an in 
depth presentation going over every facet of the project to include setbacks, 
distance between surrounding building, heights, amenities proposed, 
landscaping, development standards, parking and grade changes in the area, 
pedestrian experience along 71st Street and more.  
Ms. Toby Gerst shared concerns that this area is redeveloping piecemeal. She 
stressed concerns that spot zoning is dominating the area. She expressed the 
need for a master development plan for the Kierland corridor.  
Mr. Robert Goodhue stated that the City of Phoenix does not protect view 
corridors. If the owner of an existing unit was promised views the owner has a 
lawsuit against the developer, not the City of Phoenix.  
Mr. Paul Severs asked who is responsible for creating a master development 
plan.  
Attachment D

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Chairwoman Jennifer Hall shared that the committee will be discussing the 
potential for a Kierland Character Area Plan later in the meeting.  
Ms. Allison Barnett stated that one of the biggest complications is along this 
corridor is that it is split between the City of Scottsdale on the east side and the 
City of Phoenix on the west side. It is difficult to create a character area plan on 
just one side o the street. If the committee opts to move forward with a character 
area plan it is imperative to include stakeholders from the City of Scottsdale in 
the process.  
Ms. Barnett asked staff if the applicant met their outreach requirements for this 
case.  
Mr. Simmons shared that the applicant did meet their public meeting 
requirements for this application. Otherwise, they would not have been able to 
move forward to public hearings.  
Ms. Barnett shared that she appreciates Mr. Woods robust presentation, but 
would appreciate a more succinct presentation moving forward. She asked the 
applicant if he could provide a shorter presentation next time, so the public has 
more time to chime in on the development. She stated that the time is not 
equitable when the applicant takes up so much time in the meeting. She also 
concurred with her fellow committee members in regard to the need for a 
Kierland Character Area Plan.  
Mr. Goodhue shard that he has concerns with premiums being placed on 
existing Optima units that currently have views which will be blocked by future 
development in the area. This gives a false sense of view protection.  
Mr. Wood provided a historical perspective on view corridors. He shared that 
disclosures were provided upon sell of existing Optima units.  
Mr. Alan Sparks shard that he lived in the Kierland neighborhood and that he 
drives down 71st Street every day. He shared that he and friends had toured an 
existing Optima unit as perspective buyers and had a good experience. He 
stated that the Optima representative disclosed to them that views are not 
protected, and that future development is expected to the north and east.  
Ms. Gerst asked the applicant if he had discussions with the opposition for Case 
No. Z-33-20-2, Optima Kierland Center Phase 2 about this case.  
Mr. Wood shared that he had not as they do not have concerns about this case.  
Public Comment:  
Ms. Heidi Brake-Smith Has concerns about what was outlined in the staff 
report. She stated that the staff report references city wide policy plans, but 
nothing specific to Kierland. She stressed the importance of the city initiating a 
Kierland Character Area Plan to guide development within the corridor moving 
forward. She shared that she likes the Optima developments overall, however, 
density is a major concern as well as open space. She also shared that she has 
concerns about setbacks and distance between all building within the corridor. 
She wants to ensure that future development shave enough space and distance 
from existing developments. She shared that a 0-foot setback is unacceptable,

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
and the developers are playing a very dangerous game. She stressed the 
importance of applicants providing graphics which depict all existing and 
proposed projects to give a wholistic view of the corridor, not just site specific.  
Mr. Scott Smith asked what the rush t develop is. The Optima owners have 
enough wealth to halt until a Kierland Character Area Plan is approved for the 
area.  
Ms. Allison Barnett asked if this item could be continued of if a motion needs to 
be made.  
Mr. Simmons explained the protocol and stated that a motion must be made on 
the item this evening.  
Mr. Nick Wood explained that they have been working on this project, to include 
public outreach and participation, since June of 2019, which far exceeds the 
requirement for public outreach for a typical zoning case of 4 to 6 months. He 
highlighted that they have been working with surrounding stakeholders for one 
year and three months.  
Ms. Barnett shared that she respects the Hovey’s (Optima Developers) and 
gave them accolades for outstanding developments. However, she believes they 
can afford to wait for a Kierland Character Area Plan prior to moving forward with 
future developments. She exclaimed that se and her fellow committee members 
want to look back on Kierland 20 or so years from now and feel proud of the way 
they directed development in the area. She stated that it is difficult to achieve a 
cohesive design scheme if there is no character area plan in place to guide 
development.  
VPC Discussion: 
Ms. Toby Gerst has concerns that no massing plan was provided depicting all 
existing and recently approved developments in the Kierland corridor. She has 
concerns that this area is becoming a major urban hub, way too dense for the 
area. She expressed several concerns about piecemeal development in the area.  
Mr. Jay Cantor stated that he thinks this is a good project as a stand-alone 
project, but it is in a silo. He stated that the committee can no longer look at 
Kierland projects in a silo, but as an overall addition to the area. He has concerns 
about density.  
Mr. David Ulibarri stated that Mr. David Simmons reviewed the project and is 
recommending approval as it is in line with various policy plans and is consistent 
with the character of the surrounding area. He shared that there is not a Kierland 
Character Area Plan in place. Therefore, this cannot be a consideration tonight. 
This case needs a recommendation tonight based on the merits of the case.  
Mr. Roy Wise concurred with Mr. Ulibarri. He too stated that a master plan does 
not exist, therefore a motion needs to be made. He stated that the case is 
consistent with the General Plan, which is an existing guiding document for the 
area.  
MOTION:

City of Phoenix • Planning & Development Department 
200 West Washington Street, 3rd Floor • Phoenix, Arizona  85003-1611 • (602) 262-6882 
Mr. Alan Sparks made a motion to recommend approval of Rezoning Case No. 
Z-6-20-2 per eh staff recommendation.  
 
Mr. Robert Goodhue seconded the motion.   
 
VOTE:   
 
12-3 with committee members Balderrama, Belous, Goodhue, Lesher, Mazza, 
Mortensen, Severs, Sparks, Stewart, Ulibarri, Wise, Gubser and Hall in favor. 
Committee members Barnett, Cantor and Gerst not in favor.  
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
None