Attachment E - PC Summary - Z-14-20-2.pdf

City of Phoenix — Formal (2020-12-02)

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REPORT OF PLANNING COMMISSION ACTION 
November 5, 2020 
ITEM NO: 11 
DISTRICT NO.: 2 
SUBJECT: 
Application #: 
Z-14-20-2 (Kierland Sky PUD) 
Location: 
Southeast corner of Kierland Boulevard and Marilyn Road 
From: 
CP/GCP PCD 
To: 
PUD 
Acreage: 
7.80 
Proposal: 
Planned Unit Development to allow office with minor commercial 
uses. 
Applicant: 
Larry Lazarus, Lazarus and Silvyn P.C. 
Owner: 
Kierland Sky, LLC., Ted Akiba 
Representative: Larry Lazarus, Lazarus and Silvyn P.C. 
ACTIONS: 
Staff Recommendation: Approval, subject to stipulations. 
Village Planning Committee (VPC) Recommendation: 
Paradise Valley 8/3/2020 Information Only.  
Paradise Valley 11/2/2020 Approval, per the staff recommendation and applicant’s 
proposed stipulations. Vote: 14-2. 
Planning Commission Recommendation: Approval, per the staff memo dated November 
5, 2020, with an additional stipulation. 
Motion Discussion: N/A. 
Motion details: Commissioner Shank made a MOTION to approve Z-14-20-2, per the 
staff memo dated November 5, 2020, with the additional stipulation as read into the 
record. 
Maker: Shank 
Second: Gorraiz 
Vote: 8-0 
Absent: Montalvo 
Opposition Present: Yes 
Findings: 
1.
The proposed development is consistent with several General Plan goals and
policies and contains enhanced standards that will result is a more walkable,
shaded and pedestrian-friendly environment.
Attachment E

2. 
The proposed development will provide additional employment opportunities in 
a designated Major Employment Center area.  
 
 
3. 
The proposed development provides additional protection for nearby 
residential uses through site design and enhanced development standards. 
 
Stipulations: 
 
1. 
An updated Development Narrative for the Kierland Sky 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 October 16, 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: May 17, 2020 
2nd Submittal: June 20, 2020 
Hearing Draft: September 11, 2020 
City Council adopted: TBD 
 
 
 
 
b. 
Add the landscape setbacks to the comparative development standards 
table.  
 
 
 
 
c. 
Provide a dimensioned landscape plan depicting distance between 
sidewalk and back of curb and landscape setbacks. Include caliper sizes 
of trees, number of shrubs under each tree, groundcover percentages in 
a table format on the plan.  
 
 
 
 
d. 
Provide landscape standards for the terraces to include minimum 5 gallon 
shrubs, with 50% live coverage at maturity.  
 
 
 
 
E. 
ADD THE FOLLOWING TO THE DEVELOPMENT STANDARDS 
TABLE: THE SOUTHERN BUILDING WILL BE NO HIGHER THAN 56 
FEET, AND NO CLOSER THAN A MINIMUM OF APPROXIMATELY 560 
FEET AWAY FROM THE CLOSEST EXISTING SINGLE-FAMILY 
RESIDENCE; AND THE BUILDING CONNECTED TO IT, NO HIGHER 
THAN 84 FEET, AND NO CLOSER THAN A MINIMUM OF 
APPROXIMATELY 700 FEET AWAY FROM THE CLOSEST EXISTING 
SINGLE-FAMILY RESIDENCE. 
 
 
 
 
F. 
THE NORTHERN BUILDING SHALL BE NO HIGHER THAN 88 FEET. 
 
 
 
 
F. 
G. 
THE FOLLOWING SHALL BE INCLUDED IN THE USE STADARDS 
SECTION: THERE SHALL BE NO OUTDOOR LIVE MUSIC OR DJ 
MUSIC ON SITE, ONLY OUTDOOR BACKGROUND DINING MUSIC 
SHALL BE ALLOWED. 
 
 
 
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 AT THE TIME OF THE ISSUANCE OF THE CERTIFICATE OF 
OCCUPANCY FOR PHASE I THE PROPERTY OWNER WILL ESTABLISH A 
EVIDENCE SHALL BE PROVIDED THAT THE PROPERTY OWNER HAS 
DEPOSITED FUNDS TO BE USED BY THE STREET TRANSPORTATION 
DEPARTMENT PAY FOR TRAFFIC MITIGATION MEASURES, TO BE 
APPROVED BY THE CITY OF  PHOENIX STREET TRANSPORTATION 
DEPARTMENT WITHIN 1 MILE OF THE SITE, AS APPROVED BY THE 
STREET TRANSPORTATION DEPARTMENT AND THE PLANNING AND 
DEVELOPMENT DEPARTMENT. THE FUNDS WILL BE HELD FOR 5 YEARS 
UPON WHICH ANY UNUSED PORTION WILL BE RETURNED TO THE 
PROPERTY OWNER PROVIDING FUNDING. 
 
 
8. 
PRIOR TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICATE OF 
OCCUPANCY FOR PHASE II THE PROPERTY OWNER WILL ESTABLISH AN 
EVIDENCE SHALL BE PROVIDED THAT THE PROPERTY OWNER HAS 
DEPOSITED ADDITIONAL FUNDS TO BE USED BY THE STREET 
TRANSPORTATION DEPARTMENT PAY FOR TRAFFIC MITIGATION 
MEASURES, TO BE APPROVED BY THE CITY OF PHOENIX STREET 
TRANSPORTATION DEPARTMENT WITHIN 1 MILE OF THE SITE, AS 
APPROVED BY THE STREET TRANSPORTATION DEPARTMENT AND THE 
PLANNING AND DEVELOPMENT DEPARTMENT. THE FUNDS WILL BE

HELD FOR 5 YEARS UPON WHICH ANY UNUSED PORTION WILL BE 
RETURNED TO THE PROPERTY OWNER PROVIDING FUNDING. 
 
 
9. 
PRIOR TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICATE OF 
OCCUPANCY FOR PHASE II THE PROPERTY OWNER WILL ESTABLISH A 
EVIDENCE SHALL BE PROVIDED THAT THE PROPERTY OWNER HAS 
DEPOSITED FUNDS TO BE USED BY THE STREET TRANSPORTATION 
DEPARTMENT TO CONTRIBUTE TO A HAWK LIGHT AT THE 
INTERSECTION OF ACOMA DRIVE AND KIERLAND BOULEVARD BLVD. OR 
IN THE ALTERNATIVE FUND TRAFFIC MITIGATION MEASURES TO BE 
APPROVED BY THE  CITY OF PHOENIX STREET TRANSPORTATION 
DEPARTMENT WITHIN 1 MILE OF THE SITE, AS APPROVED BY THE 
STREET TRANSPORTATION DEPARTMENT AND THE PLANNING AND 
DEVELOPMENT DEPARTMENT. THE FUNDS WILL BE HELD FOR 5 YEARS 
UPON WHICH ANY UNUSED PORTION WILL BE RETURNED TO THE 
PROPERTY OWNER PROVIDING FUNDING. 
 
 
10. 
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.