Attachment E - PC Summary - Z-6-20-2.pdf

City of Phoenix — Formal (2020-12-02)

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REPORT OF PLANNING COMMISSION ACTION 
November 5, 2020 
ITEM NO: 10 
DISTRICT NO.: 2 
SUBJECT: 
Application #: 
Z-6-20-2 (Optima 15615 PUD) 
Location: 
Approximately 750 feet north of the northeast corner of 71st Street 
and Kierland Boulevard 
From: 
C-2 PCD 
To: 
PUD 
Acreage: 
1.51 
Proposal: 
Planned Unit Development to allow multifamily residential and 
commercial. 
Applicant: 
Optima 
Owner: 
Phoenix 71st Street, LLC 
Representative: Nick Wood, Esq., Snell & Wilmer, LLP 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Paradise Valley 6/1/2020 Information only. 
Paradise Valley 10/5/2020 Approval, per the staff recommendation. Vote: 12-3. 
Planning Commission Recommendation: Approval, per the Paradise Valley Village 
Planning Committee recommendation, with an additional stipulation. 
Motion Discussion: N/A. 
Motion details: Commissioner Shank made a MOTION to approve Z-6-20-2, per the 
Paradise Valley Village Planning Committee recommendation, with the additional 
stipulation as read into the record. 
Maker: Shank 
Second: Montalvo 
 
Vote: 9-0 
Absent: None   
Opposition Present: No 
Findings: 
1.
The proposed development is in conformance with several General Plan goals
and policies that will result in more housing choices within an employment
center which will help to support the nearby employment centers.
Attachment E

2. 
The proposed development is compatible with the existing land use pattern in 
the area and is designed to enhance a walkable environment along 71st Street 
where there are other multifamily developments nearby and bike lanes to 
encourage an active frontage.  
 
 
3. 
The development will provide additional housing opportunities in the area. 
 
Stipulations: 
 
1. 
An updated Development Narrative for the Optima 15615 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 August 20, 2020, 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: January 24, 2020 
2nd Submittal: June 15, 2020 
Hearing Draft: August 20, 2020 
City Council adopted: TBD 
 
 
 
 
b. 
The west landscape setback in the development narrative shall be 
changed from 20 feet to 10 feet. 
 
 
 
 
c. 
Remove footnote 7 on page 9 of the development narrative. 
 
 
 
 
d. 
Add the word “the” on page 10, second sentence from the top of the 
development narrative. 
 
 
 
 
e. 
Add landscape setbacks to landscape standards table on page 10 of the 
development narrative. 
 
 
 
 
f. 
Page 12, Section D4: Fence and Walls, add “along 71st Street” in the 
second sentence related to 4-foot high fencing. 
 
 
 
 
g. 
Update west landscape setbacks in comparative zoning standards table. 
 
 
 
2. 
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. 
 
 
3. 
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.

4. 
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.   
 
 
5. 
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. 
 
 
6. 
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. 
 
 
7. 
Prior to preliminary site plan approval, the landowner shall execute a 
Proposition 207 waiver of claims in a form approved by the City Attorney's 
Office. 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. 
 
 
8. 
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. 
 
This publication can be made available in alternate format upon request. Please contact 
Tamra Ingersoll at (602) 534-6648, TTY use 7-1-1.