Attachment A - Staff Report - Z-6-20-2.pdf
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Staff Report Z-6-20-2
Optima 15615 PUD
September 4, 2020
Paradise Valley Village Planning
Committee Meeting Date:
October 5, 2020
Planning Commission Hearing Date:
November 5, 2020
Request From:
C-2 PCD (1.51 acres)
Request To:
PUD (1.51 acres)
Proposed Use:
Planned Unit Development to allow a
multifamily residential.
Location:
Approximately 750 feet north of the
northeast corner of 71st Street and Kierland
Boulevard
Owner:
Phoenix 71st Street, LLC
Applicant:
Optima
Representative:
Nick Wood, Esq., Snell & Wilmer, LLP
Staff Recommendation:
Approval, subject to stipulations
General Plan Conformity
General Plan Land Use Designation
Mixed Use (Commercial/Commerce Park)
Street Map
Classification
71st Street
Collector
35-foot east half street
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES GOAL;
LAND USE PRINCIPLE: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to employment
centers, commercial areas, and where transit or transportation alternatives exist.
The proposed Optima 15615 PUD supports increased intensity by proposing multifamily
residential that is compatible in scale and intensity with the surrounding Kierland area
and properties adjacent to the site. The development is located in a mixed-use corridor
where adjacent properties are multifamily or commercial. The project site is also within a
designated employment center. The concentration of people near employment uses
promotes the sustainability of nearby commercial uses.
Attachment A
Staff Report: Z-6-20-2
September 4, 2020
Page 2 of 20
BUILD THE SUSTAINANLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPAL: Integrate trees and shade into the design of new development
and redevelopment projects throughout Phoenix.
The Optima 15615 PUD proposes landscaping around all four sides of the building and
green roof. A detached sidewalk along 71st Street framed with two landscape strips will
provide thermal comfort for pedestrians. The PUD also requires that a minimum of 75
percent of public and private pedestrian pathways be shaded.
CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN PRINCIPLE:
Development should include convenient bicycle parking.
The proposed Optima 15615 PUD narrative requires that 0.25 bicycle parking spaces be
provided for each dwelling unit built and a minimum of four guest bicycle parking spaces
as well as a bike fix it station for public use. The PUD connects to a bike lane along 71st
Street and will support tenants who prefer using alternative modes of transportation to get
to work or nearby entertainment.
Applicable Plans, Overlays and Initiatives
Maricopa Association of Governments (MAG) Kierland Employment Corridor – see
background item No. 5 below.
Tree and Shade Master Plan– see background item No. 9 below.
Complete Streets Guiding Principles– see background item No. 10 below.
Comprehensive Bicycle Master Plan – see background item No. 11 below.
Reimagine Phoenix Initiative– see background item No. 21 below.
Staff Report: Z-6-20-2
September 4, 2020
Page 3 of 20
Background/Issues/Analysis
SUBJECT SITE
1.
This is a request to rezone a
1.51-acre site located
approximately 750 feet north of
the northeast corner of 71st
Street and Kierland Boulevard.
The request is to rezone from
C-2 PCD (Intermediate
Commercial, Planned
Community District) to PUD
(Planned Unit Development) to
allow multifamily residential for
a maximum of 170 dwelling
units. The maximum building
height is Capped at 70 feet,
which is consistent with the
surrounding area.
2.
The subject site was annexed into the City of Phoenix on October 15, 1961. At that
time the site and the surrounding area was undeveloped. This area was planned in
1975 as a Planned Community District (PCD) of 1,082 acres previously known as
the Desert Springs PCD and now known as the Kierland PCD through Rezoning
Case No. Z-11-75. Subsequently, the Kierland PCD went through several
amendments since its original approval and the current C-2 PCD zoning designation
on the site was established through Amendment F, Rezoning Case No. Z-11-F-75.
Maricopa County Historical Aerials indicate that the first property to develop near the
site was in approximately 1998 and the site began development in approximately
2000. The PCD Zoning District is intended to establish a development pattern for a
larger area while permitting flexibility for specific developments and safeguards that
adequate infrastructure needs are met for the area. The request is rezoning out of
the PCD and will be required to provide updated infrastructure as needed and
determined through the Planning and Development Department’s site development
process.
ource: Maricopa County Historic Aerials
Source: City of Phoenix Planning and Development Department
Staff Report: Z-6-20-2
September 4, 2020
Page 4 of 20
3.
he General Plan Land Use Map
designations surrounding the site are
Mixed Use (Commercial/Commerce
Park). The proposed zoning district
supports a multifamily residential
use.
The General Plan Land Use Map
designation surrounding the site is
also Mixed Use
(Commercial/Commerce Park) to the
east, north and west. The General
Plan Land Use Map designation to
the south is Commercial.
4.
The proposed PUD site is
located within the larger
Kierland area, fronting on
71st Street and within a
corridor that contains
commercial, mixed use,
commerce park and
industrial uses. Additionally,
the site is primarily
surrounded by multifamily
and commercial uses and is
near the Kierland Commons
mixed use outdoor shopping
center with restaurants and
retail. The site is also near
the Westin Kierland Resort
& Spa, golf course, offices
and commerce park uses.
The site is adjacent to other
developments that exceed 30-feet in height such as Embrey Kierland (70 feet), SGA
Corporate Center (75 feet), LMC Kierland (70 feet) and The Landmark
Condominiums (62 feet). Overall, the Kierland area has seen substantial interest in
redevelopment including the Kierland Optima, a multifamily and commercial
development approved in 2014 through (Rezoning Case No. Z-22-14) with an
allowable height of 120 feet and a maximum of 796 dwelling units that is
approximately 0.17 miles south of the subject site.
Source: City of Phoenix Planning and Development Department
Source: City of Phoenix Planning and Development Department
Staff Report: Z-6-20-2
September 4, 2020
Page 5 of 20
DESERT RIDGE AND KIERLAND MAJOR EMPLOYMENT CENTER
5.
The subject site falls within the
boundaries of the Maricopa
Association of Governments
designated Desert Ridge/Kierland
Major Employment Center and is
adjacent to the City of Phoenix
designated employment center.
A mix of housing types is encouraged
in areas near employment centers and
commercial corridors. The Desert
Ridge/Kierland Major Employment
Center profile provided by the
Community and Economic
Development Department identifies
that the Kierland area is
comprised of a highly educated,
executive and professional workforce with a large inventory of Class A office space.
Providing additional housing options in close proximity to the nearby workforce will
add to the sustainability of established office space and commercial uses build
around Kierland.
SURROUNDING ZONING AND USES
6.
North
The property to the north of the subject site is developed with a multifamily
development zoned PUD (Planned Unit Development) through Rezoning Case
No. Z-91-18.
South
Directly south of the subject site is an Optima project Zoned PUD (Planned Unit
Development) through Rezoning Case No. Z-22-14-2 and C-2 PCD (Intermediate
Commercial, Planned Community District), pending PUD (Planned Unit
Development).
East
Directly to the east of the subject site are two furniture stores zoned C-2, PCD
(Intermediate Commercial, Planned Community District).
West
Directly to the west of the site, across 71st Street, is a multifamily development
zoned R-4 PCD.
Source: City of Phoenix Planning and Development Department
Staff Report: Z-6-20-2
September 4, 2020
Page 6 of 20
PROPOSAL
7.
The proposal was developed utilizing the PUD zoning designation. The PUD is
intended to create a built environment that is superior to that produced by
conventional zoning districts and design guidelines. Using a collaborative and
comprehensive approach, an applicant writes a document proposing standards and
guidelines that are tailored to the context of a site on a case by case basis.
Where the Optima 15615 PUD Development Narrative is silent on a requirement, the
applicable Zoning Ordinance provisions will be applied.
8.
Below is a summary of the proposed standards for the subject site as described in
the attached PUD Development Narrative date stamped August 20, 2020. The
proposed standards were designed to allow for a multifamily residential development
that continues enhancement along 71st Street for a more pedestrian and bike-
friendly environment.
List of Uses
The Development Narrative proposes a number of permitted uses. The proposed
uses consist of the permitted C-2 zoning uses found in Section 623 of the Phoenix
Zoning Ordinance, with some prohibited uses. Additionally, multifamily residential is
permitted with a maximum of 170 residential dwelling units.
Source: City of Phoenix Planning and Development Department
Staff Report: Z-6-20-2
September 4, 2020
Page 7 of 20
Conceptual Site Plan
The development’s main access point is along 71st Street. The architecture and
landscape support the strong pedestrian connection to Kierland Commons along the
east side of 71st Street by including shade, a bike fix it station, interesting vegetation
and hardscape. Along 71st Street the building will pull back to widen the landscape
area at the ground level. The frontage will be activated by the development’s interior
amenity spaces, as well as by two outdoor amenity areas. The grade level also
features a dog park amenity at the northeast corner of the site. The main lobby is
located on the south side of the building, facing the existing private access drive.
This location, along with the queueing space provided, will provide a place for
rideshare services and smaller delivery vehicles on the site, keeping them off of 71st
Street. All formal loading activities including trash, delivery, and move‐ins will occur
at the loading area located at the northeast corner of the site.
Source: Optima
Staff Report: Z-6-20-2
September 4, 2020
Page 8 of 20
Development Standards
The table below provides a summary of the development standards within the
Optima 15615 PUD Narrative:
Development Standard Table:
a. Maximum Residential Unit
Count: Maximum Dwellings
Maximum Density
170 dwelling units
113 dwelling units per gross acre
b. Minimum Lot Width/Depth
No Minimum
c. Minimum Building Setbacks
From Property Line
North (Internal Property Line)
West (71st Street)
South (Internal Property Line)
East (Interior Property Line)
10 feet 6 inches
10 feet
40 feet
0 feet
Exceptions: North Setback limited to the following:
(i) garage ramps and their covers.
d. Maximum Building Height
70 Feet
e. Maximum Lot Coverage
65 percent of Total Net Site Area
Landscape Standards
The PUD
proposes
landscaping along
all four sides of
the building with a
minimum planting
size of four-inch
caliper trees
along the 71st
Street frontage
and perimeter
property lines.
The landscape
setbacks will also
include shrubs at
a minimum of five
five-gallon in size
per tree and 75
percent living ground cover.
The streetscape along 71st Street will include a minimum 5-foot
wide detached sidewalk and a minimum six-foot landscape strip located between
sidewalk and back of curb and a minimum five-foot, average eighteen-foot landscape
strip located between the back of sidewalk and the building. The second-floor
Source: Optima
Staff Report: Z-6-20-2
September 4, 2020
Page 9 of 20
cantilevers over this landscape area by eleven feet. Therefore, the eleven-foot area
under the cantilever cannot be counted toward landscape setback area. The
landscaping will provide for a pedestrian friendly environment with dense canopy to
provide 75 percent shade at maturity along the sidewalk.
Source: Optima
PUD Compatibility to Zoning Ordinance
The PUD proposes building setbacks that are comparable or greater than what is
permitted in Section 615 of the City of Phoenix Zoning Ordinance. The R-3
Multifamily Residence Zoning District is the comparable zoning district. The southern
building setback is 40-foot minimum compared to a 3-foot minimum required by R-3
standards. The western side of the building will include an enhanced frontage with
detached sidewalks to provide shade at 75 percent of the frontage along 71st Street
to increase pedestrian comfort and activity. The open space standards are greater,
requiring a minimum of 20 percent compared to five percent which is typically
required for multifamily residential development. The PUD landscape setback
proposed is larger on one side compared to the minimum requirement of the Phoenix
Zoning Ordinance and requires minimum four-inch caliper trees be planted on-site.
Trees in the landscape strip along 71st Street shall be planted 20 feet on center or in
equivalent groupings and be a minimum of four-inch caliper. Five five-gallon shrubs
shall be planted per tree.
Parking Standards
The development of the site shall comply with Section 702 of the Phoenix Zoning
Ordinance. The PUD proposes 0.25 bicycle parking spaces per dwelling unit and
guest parking shall comply with Section 1307.H of the City of Phoenix Zoning
Ordinance.
Staff Report: Z-6-20-2
September 4, 2020
Page 10 of 20
Amenities
The PUD proposes amenities for the multifamily residential use that includes two
ground level outdoor amenity areas, a dog park, roof deck pool and spa, and indoor
fitness center.
Shade
The proposed shade standards require that a minimum of 75 percent of shade cover
be provided at maturity over public sidewalks and a minimum of 75 percent shade
over private sidewalks. A minimum of 50 percent shade shall cover the roof top
amenity courtyard area. Usable public space shall incorporate shading through the
use of architectural or vegetative shade as outlined on Section 507 Tab A of the City
of Phoenix Zoning Ordinance.
Lighting Plan
All lighting will be consistent with the standards of Section 704 of the Phoenix Zoning
Ordinance Section 507.Tab A. II.A.8. of the City of Phoenix Zoning Ordinance and
Section 23-100 of the City Code.
Design Guidelines and Standards
The site is located within the Kierland Master Association and therefore all
development on the site is subject to the review and approval of the Kierland Master
Association Design Review Committee design guidelines, in addition to the City’s
standards.
The final elevations and building plans submitted to the City shall include evidence of
the provisions outlined in the table below and shall follow the Design Guidelines of
Section 507.Tab A of the Phoenix Zoning Ordinance in addition to the following:
Source: Optima
Staff Report: Z-6-20-2
September 4, 2020
Page 11 of 20
Design
Standards
PUD
Exterior
Materials
Façade to include a minimum:
• 5% concrete
• 70% glazing
• 10% metal
• For east and west facades, 15% vertically integrated
architectural landscape system.
• For north and south facades, 45% vertically integrated
architectural landscape system.
Materials (at least two)
• Glass
• Concrete
• Concrete masonry unit (CMU block)
• Non-reflective coated metals
• Sandstone panels
• Weathered steel
Color Palette
Colors are limited to:
• Brown, dark brown, tan, red, orange, grey and green.
Private
Terraces/
Balconies
The private terraces (those outdoor private balconies located
above the first floor) shall be designed to meet the following:
• Minimum size of 40 square feet with a depth of 4’‐6” feet.
• Include a Vertically Integrated Architectural Landscape
System.
Ground Level
Units
Ground level units shall have
space defining walls creating
a private courtyard space of a
minimum of 40 square feet for
each unit. These walls shall
be complementary in design
to
building
architecture,
color
and
material and provide some
visibility into these areas to
provide visual interest and
“eyes on the street” benefits with potential for neighborly
interaction with pedestrians; for these courtyards, fully solid walls
are not permitted.
Staff Report: Z-6-20-2
September 4, 2020
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Ground Level
Outdoor
Amenity Areas
Ground level outdoor amenity areas shall include a space
defining fence that is of view fence design, mesh wire or similar
material to promote visibility while framing these semi‐private
spaces. Fully solid walls are not permitted.
Satellite
Dishes
Installation of such equipment on individual patios prohibited by
developer, unless otherwise limited by federal law.
Screen Walls
Architectural detailing consistent or complementary to the
building facade.
Mechanical
Equipment
Screening
Methods
Methods to screen equipment may include:
• Building parapets.
• Independent, structurally supported screen walls providing
screening for rooftop mechanical equipment when the
parapet is lower than the mechanical units.
• Landscaping treatments.
• Other enhanced features comprised of complementary
building materials.
Garage Entry
Garage entry shall be protected from the elements via an entry
enclosure (roofed) that is no higher than the third floor, is
architecturally similar to the main building and includes an
opaque door designed to match the main façade with a constant
material and color. Rooftop may be utilized as a terrace.
Sidewalk
Treatment
Garage entry shall be protected from the elements via an entry
enclosure (roofed) that is no higher than the third floor, is
architecturally similar to the main building and includes an
opaque door designed to match the main façade with a constant
material and color. Rooftop may be utilized as a terrace.
Landscape
Uniform
Streetscape
Design
On 71st Street, the following shall be included:
The sidewalk Landscape Strip (between sidewalk and back
of curb) will provide a shade canopy of street trees and a
colorful mix of shrubs, accents, and groundcover to buffer the
street from the detached sidewalk. The landscape will be
comprised of:
• 4” Caliper ‘Rio Salado’ Mesquite10 trees at 20’ on center,
or equivalent groupings.
• Three (3) different shrub species.
• Two (2) different accent species.
• Three (3) different groundcover species.
• Minimum 75% live ground coverage.
Staff Report: Z-6-20-2
September 4, 2020
Page 13 of 20
The sidewalk abutting On‐Site Landscaping (located between
sidewalk and the amenities fencing and/or building envelope) will
provide a low groundcover/shrub buffer and vine planting strip
that will grow vertically on the stone fence. The landscape will be
comprised of:
• Three (3) different vine species
• Two (2) different shrub species.
• Three (3) different accent species.
• Three (3) different groundcover species.
• Minimum 75% live ground coverage
Uniform
Perimeter
Design
The East Property Line (abutting the private access drive) will provide
a shade canopy of trees and a colorful mix of shrubs, accents, and
groundcover to buffer the street from the building facade. The
landscape will be comprised of:
• 4” Caliper ‘Rio Salado’ Mesquite11 trees at 20’ on center,
or equivalent groupings.
• Five (5) different shrub species.
• Six (6) different accent species.
• Four (4) different groundcover species.
• Three (3) different vine species.
• Minimum 75% live ground coverage
The South Property Line (abutting the private access drive) will
provide a shade canopy of trees placed either between the
curb/sidewalk and the fence, and/or behind the fence within 10’ of
the back of sidewalk. Low groundcover/shrubs, and vines planted
along fence will grow vertically on the stone fence. The landscape will
be comprised of:
• 4” Caliper ‘Cathedral’ Oak trees12 at 20’ on center along
fencing and 4” Caliper ‘Rio Salado’ Mesquite trees13 at the
building entry, or equivalent groupings.
• Five (5) different shrub species.
• Six (6) different accent species.
• Four (4) different groundcover species.
Staff Report: Z-6-20-2
September 4, 2020
Page 14 of 20
• Two (2) different vine species.
• Minimum 75% live ground coverage
The North Property Line (within the private courtyards, standard
does not apply to garage ramp areas) will be planted over the parking
structure and will provide a shade canopy of trees placed behind the
fence within 10’ of the property line. Berms will be utilized to allow
the planting of trees on top of the garage structure. Low
groundcover/shrubs, and vines planted along fence will grow
vertically on the stone fence. The landscape will be comprised of:
• 4” Caliper ‘Rio Salado’ Mesquite14 trees at 20’ on center, or
equivalent groupings (does not include ramp areas)
• Two (2) different shrub species.
• Three (3) different accent species.
• Four (4) different groundcover species.
• Two (2) different vine species.
• Minimum 50% live ground coverage.
Ground Floor
Private
Courtyards
The ground floor private courtyards are comprised of the areas
between the perimeter fence and the units. These spaces are private
yards and are only accessed through the units. The landscape for the
courtyards is composed of the following areas/standards:
The South Facade Courtyards will be planted with trees, low
groundcover/shrubs, and vines at the stone fence. The landscape
along the wall features the tree boulevard for the south access road
frontage. The private courtyards will contain the following (including
the south access drive planting standard):
• Two (2) different tree species.
• Five (5) different shrub species.
• Four (4) different accent species.
• Four (4) different groundcover species.
• Two (2) different vine species.
• Minimum 50% live ground coverage.
The East Facade Courtyards are too small to contain landscaping
materials; none required.
Staff Report: Z-6-20-2
September 4, 2020
Page 15 of 20
The North Facade Courtyards will be planted with trees, low
groundcover/shrubs, and vines at the stone fence. The landscape
along the wall features the tree perimeter screening. The private
courtyards will contain the following (including the north property
line planting standard):
• Two (2) different tree species with berming for planting
over structure.
• Five (5) different shrub species.
• Four (4) different accent species.
• Four (4) different groundcover species.
• Two (2) different vine species.
• Minimum 50% live ground coverage.
Architectural
Vertically
Integrated
Landscaping
System
The vertically integrated landscape system for the terrace and roof
planters are a key component in the design aesthetic that makes the
Optima developments unique. The landscape for the vertically
integrated land cape system is composed of the
following areas/standards:
The Level 2 to 7 Terrace Planters will be planted with low
groundcover/shrubs, and vines designed to spill over the planting area
and create a living facade. The landscape will be comprised of:
• Twelve (12) different shrub/accent species.
• Eight (8) different groundcover species.
• Bark Mulch in all planters for moisture containment.
The Roof Deck Planters will be planted with low groundcover/shrubs
around the amenity/pool deck. In addition, tree planters have been
added on the unoccupied roof deck area. The landscape will be
comprised of:
• One (1) different tree species.
• Six (6) different shrub species.
• Four (4) different accent species.
Staff Report: Z-6-20-2
September 4, 2020
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• Eight (8) different groundcover species.
• Four (4) different vine species.
• Bark Mulch in all planters for moisture containment.
Irrigation
System
All ground level, over‐structure planting, terrace planters, and rock
deck landscape shall be irrigated by a drip irrigation system.
Amenities
Resident
Amenities
Ground Floor:
• Dog Park of no less than 500 square feet.
Within Building:
• Fitness Center/Residents Club to be no less than 4,500 square
feet.
Rooftop:
• Swimming pool and/or spa to be no less than 800 square feet in
area (water surface) with at least three (3) of the following:
o Lounge deck
o Barbeque grill(s)
o Fire feature(s)
o Seating node(s)
o Trellis area (to provide shaded seating zones)
Implementation
To implement the above, amenities standards are provided
below, where applicable:
•
Lounge decks shall include sufficient space for permanent or placed
seating, tables, and/or reclining sun chairs for a minimum of 20
persons
•
Barbeque grill(s) shall incorporate a “built‐in” design with base
materials that are consistent with or complementary to the building
materials
•
Fire feature shall be designed as a gathering space that includes
sufficient clear area around for seating and/or a built‐in seating area
around the feature (i.e. a fire put with a large border for sitting on)
•
Seating node areas shall be areas that are separate from other areas
via wall, planters or other features to delineate the space
Staff Report: Z-6-20-2
September 4, 2020
Page 17 of 20
Signage
Signage shall comply with Section 705 of the Zoning Ordinance. Signage shall also
comply with the existing Kierland Comprehensive Sign Plan and any amendments
thereto as well as applicable requirements of the CC&R’s. If developed with
commercial uses, signage standards must comply with the commercial standards of
Section 1308.
Sustainability
The Optima 15615 PUD Narrative proposes several options to incorporate
sustainability principals including recycling services, energy efficient constructions
methods, reduced water use plumbing fixtures, vegetative courtyards, terraces and
roofs, and bicycle parking among other features.
Phasing
The project will be constructed in one phase.
AREA PLANS, OVERLAY DISTRICTS, AND INITIATIVES
9.
Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. In addition, a vision in the master plan is to raise awareness
by leading by example. The proposal includes landscaped pedestrian walking paths
and greater planting standards than otherwise required by the Zoning Ordinance and
green roofs. In addition, the proposal requires that 75% of shade cover at maturity be
provided over all public and private pedestrian pathways.
10.
Complete Streets Guiding Principles
In 2014, the Phoenix City Council adopted the Complete Streets Guiding Principles.
The principles are intended to promote improvements that provide an accessible,
safe, and connected transportation system to include all modes, such as bicycles,
pedestrians, transit, and vehicles. The proposal includes an enhanced pedestrian
environment along 71st Street with robust landscaping that will provide vegetative
shade and thermal confront for pedestrians.
11.
Comprehensive Bicycle Master Plan
The Comprehensive Bicycle Master Plan also supports options for both short-and
long-term. Bicycle parking as a means of promoting bicyclist traffic to a variety of
destinations. The proposal requires bicycle parking spaces be provided on the site
for tenants and visitors as well as a bike fix it station along the 71st Street frontage
for public use.
COMMUNITY INPUT
12. Staff has received one letter of support and thirteen letters of opposition at the time
this staff report was written. Copies of the correspondence is attached to this report.
Staff Report: Z-6-20-2
September 4, 2020
Page 18 of 20
INTERDEPARTMENTAL COMMENTS
13.
The Street Transportation Department has proposed stipulations requiring that all
streets within and adjacent to the development, shall be constructed with all required
elements. All improvements shall meet ADA requirements. No preliminary approval
of plans shall be granted until a Traffic Impact Study/Statement is reviewed and
approved by the City. These are addressed in Stipulation Nos. 2 and 3.
14.
The Aviation Department has noted that the developer shall record notice to
prospective purchasers the existence and operation characteristics of the Scottsdale
Airport and shall provide documentation that Form 7460-1 has been filed with the
FAA. This requirement is addressed in Stipulation Nos. 4 and 5.
15.
The Phoenix Fire Department has noted that they do not anticipate any problems
with this case and that the site and/or buildings shall comply with the Phoenix Fire
Code.
16.
The City of Phoenix Floodplain Management division of the Street Transportation
Department has determined that this parcel is not in a Special Flood Hazard Area
(SFHA), but is located in a Shaded Zone X, on panel 1320 L of the Flood Insurance
Rate Maps (FIRM) dated June 14, 2019.
17.
The City of Phoenix Water Services Department has noted the property has existing
water and sewer mains that can potentially serve the proposed development.
However, there is potential need to up size existing water and sewer infrastructure
mains so that any remodels or new buildings will be able to meet domestic and fire
code requirements.
18.
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. This is addressed in Stipulation
No. 6.
OTHER
19.
As part of the Reimagine Phoenix initiative, the City of Phoenix is committed to
increasing the waste diversion rate to 40 percent by 2020 and to better manage its
solid waste resources. Section 716 of the Phoenix Zoning Ordinances establishes
standards to encourage the provision of recycling containers for multifamily,
commercial and mixed-use developments meeting certain criteria. The provision of
recycling is addressed in the PUD noting that recycling receptacles and chutes will
be provided in the refuse room and recycling services will be provided for tenants.
20.
Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal actions
such as, but not limited to, zoning adjustments and abandonments, may be required.
Staff Report: Z-6-20-2
September 4, 2020
Page 19 of 20
Findings
1. The proposed development is in conformance with several General Plan goals and policies
that will result more housing choices within an employment center.
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.
Staff Report: Z-6-20-2
September 4, 2020
Page 20 of 20
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.
Writer
David Simmons
September 4, 2020
Team Leader
Samantha Keating
Exhibits
Zoning Sketch Map
Zoning Aerial Map
Community Correspondence
Optima 15615 PUD Development Narrative date stamped August 20, 2020
https://www.phoenix.gov/pdd/pz/pzservices/pud-cases
Z-22-14
Z-138-00
Z-91-18
Z-10-16
Z-11-D-75
Z-11-F-75
Z-11-F-75
Z-11-F-75
Z-11-E-75
Z-11-F-75
*
*
*
*
*
*
*
*
C-2 PCD
GC/PCD
C-2
PCD M-R
DNS/WVR
PUD
C-2 PCD
City of
Scottsdale
PUD
C-2 PCD
R-4 PCD
PUD
71ST ST
SCOTTSDALE RD
TIERRA BUENA LN
DEER VALLEY DR
SR 101
UNION HILLS DR
BELL RD
GREENWAY RD
THUNDERBIRD RD
CACTUS RD
SHEA BLVD
S
Q
U
A
W PEAK PKWY (SR 51)
16TH ST
24TH ST
32ND ST
40TH ST
TATUM BLVD
56TH ST
64TH ST
SCOTTSDALE RD
PARADISE VALLEY VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-6-20
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
1.51 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
C-2 PCD
PUD
CONVENTIONAL OPTION
22
182
* UNITS P.R.D. OPTION
26
182
Optima
DATE:
7/20/2020
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 35-44
ZONING MAP
L-12
REQUESTED CHANGE:
FROM: C-2 PCD ( 1.51 a.c.)
TO:
PUD ( 1.51 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-6-20.mxd
Z-6-20
0.045
0
0.045
0.0225
Miles
Z-22-14
Z-138-00
Z-91-18
Z-10-16
Z-11-D-75
Z-11-F-75
Z-11-F-75
Z-11-F-75
Z-11-E-75
Z-11-F-75
*
*
*
*
*
*
*
*
C-2 PCD
GC/PCD
C-2
PCD M-R
DNS/WVR
PUD
C-2 PCD
City of
Scottsdale
PUD
C-2 PCD
R-4 PCD
PUD
71ST ST
SCOTTSDALE RD
TIERRA BUENA LN
Maricopa County Assessor's
DEER VALLEY DR
SR 101
UNION HILLS DR
BELL RD
GREENWAY RD
THUNDERBIRD RD
CACTUS RD
SHEA BLVD
S
Q
U
A
W PEAK PKWY (SR 51)
16TH ST
24TH ST
32ND ST
40TH ST
TATUM BLVD
56TH ST
64TH ST
SCOTTSDALE RD
PARADISE VALLEY VILLAGE
CITY COUNCIL DISTRICT: 2
I
APPLICANT'S NAME:
APPLICATION NO.
Z-6-20
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
1.51 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
C-2 PCD
PUD
CONVENTIONAL OPTION
22
182
* UNITS P.R.D. OPTION
26
182
Optima
DATE:
7/20/2020
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 35-44
ZONING MAP
L-12
REQUESTED CHANGE:
FROM: C-2 PCD ( 1.51 a.c.)
TO:
PUD ( 1.51 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-6-20.mxd
Z-6-20
0.045
0
0.045
0.0225
Miles
!
June 1, 2020
Mr. David Simmons
City of Phoenix Planning & Development Department
200 West Washington Street
Phoenix, Arizona 85003
RE:
Z-61-19-2
Embray Kierland PUD
Dear, Paradise Valley Village Planning Committee Members;
I am writing to express my concerns for the Embray Kierland PUD project. I am the
architect and designer for Kierland Commons and Scottsdale Quarter. I have been a
tenant at Kierland Commons for the past 19 years and live within 2 miles of the site area.
I also assist the KMA in doing architectural reviews for projects within the Kierland Master
Association. I therefore speak with some knowledge of the area and its history and
significance. In addition, we have done several master plan studies for the Cracker Jax
site across the street in Scottsdale. My comments expressed are as a design
professional that has worked very hard overs several years to create a vibrant pedestrian
friendly environment that contributes to the quality of living in the valley. Kierland and
Scottsdale Quarter have become a major urban core and regional draw for the area, and
have garnered a great reputation nationally. I know that much of this area and the
airpark will continue to see more re-development. My concerns are not with
development, or height. My concern is that this project creates a new precedent that is
not consistent with the Kierland Master plan. The following items are important issues
that I would recommend that this Planning body seriously review as you consider this
case. It would be my recommendation that the ownership go back to the drawing board
and provide a project that elevates the area and contributes to the Kierland experience.
1. Land use issue- This site needs to remain as a mix use development.
Scottsdale Road is a major Arterial and to not have commercial uses on the
ground floor is a terrible mistake. I have no problem with residential as an added
use, but the site must have commercial use on the ground floor. Townhomes
along Scottsdale Road is not a consistent or appropriate use. I would
recommend that a stipulation be developed to address this issue or have the
applicant revisit the ground floor area.
2. Planning Issue-The success of Kierland & Scottsdale Quarter is based on
planning principles that emphasize the pedestrian experience and connectivity
and having multiple uses within buildings and not just segregated uses. Broad
sidewalks for bicycles and café’s to spill out and the building to have a setting
with adequately proportioned streetscapes are important. Recommend
increasing landscape areas and sidewalks along private drives and access ways.
3. The Context-The Cracker Jax site across the street will be developed in
Scottsdale with up to136’ mix use buildings, office, hotel, residential with a
minimum of 30’ setbacks from Scottsdale Road, a min. of 25% open space with
commercial uses on the ground floor with a minimum of 15’ sidewalks. This
project by comparison will set the bar pretty low.
4. Coverage Issue- open space is critically important, allowing the building to
breathe and be set back from the street to allow for enhanced pedestrian and
!
Page 2 of 2
landscape is critically important. The sidewalk on the North side appears to be
maybe 6’ where the 3 parking spaces are located; this is totally inadequate,
especially with today’s social distancing awareness. The site plan does not
contribute to the quality of the area; it maximizes every square inch and gives
nothing in return to the community. There are no appropriate setbacks from
Scottsdale Road, no significant open space or landscape concept expressed in
the design. We need to ask what this development contributes to the built
environment. The potential for this site could be great, but more open space is
needed, therefore the density per acre should be adjusted to allow for this to take
place or increase the height in certain areas as a trade-off.
5. The Design Guidelines are very generic, they set the bar pretty low, for Public
Amenities they have at least 2 of the following: “bench seating, public art, dog
waste station and decorative landscape containers.” I would hope that in this
area we could do better than that. All of those should be required at a minimum
and more should be expected. This has become a highly desirable area to live in
with all the shopping and restaurant and open space amenities around. The
quality of materials should be increased and the focus should be on an
architectural concept and not just trying to break up the façade by changing
materials, this is a prescription for mundane uninspired design.
The redevelopment of the area is inevitable and necessary; the question for the Paradise
Valley Village Planning Committee is about the quality and appropriateness of the
developments, what do they contribute to the community. We need to expect and
demand more, there are tradeoffs with height for more quality open space, or more
inspired architectural expressions that enhance the way we live and connect in Kierland.
This project needs to revisit some ideas of setbacks, open space, appropriate
commercial ground floor uses with the attention to pedestrian connectivity and enhancing
the living experience at Kierland. Thank you for your consideration.
Sincerely,
Nelsen Partners, Inc.
George A. Melara, AIA
Vice President / Managing Director
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
1
Delivered – Via Email
February 24, 2020
David Simmons, David.simmons@phoenix.gov
Paradise Valley Staff Planner & Committee
Paradise Valley VPC, ParadiseValleyVPC@phoenix.gov
City of Phoenix Planning and Zoning Department
Re:
Application of Z-?
DCH 15615 N. 71st Street
Dear Paradise Valley Council,
I am a homeowner at 7120 Kierland Blvd. I am not supportive of recently submitted DCH
15615 application for a 7-story residential building. This will be the 10th application for this
area since 2014 and the increase in residential units and their impact has been approved
individually, rather than collectively. We need to understand the collective impact of so
many new residential units on the vehicular traffic, local infrastructure, and character of the
neighbor.
Rather than approve these individual projects simply on their own merit, the PV Planning
Council should review the 71St corridor applications as a defined area and make sure this it
is not ‘over-approving’. Without contextual clarity, every developer maximizes their unit
numbers to existing
maximums. This
will ultimately
reduce open space,
impact
infrastructure, the
and, importantly,
increase traffic flow
above and beyond
what 71st Street (a
Connector Street)
can hold.
There are currently
5 occupied multi-storied communities in the N 71st Street area bordered by N Kierland Blvd,
Scottsdale Road, the Westin Golf Club and Paradise Lane (the defined corridor). Within this
991
878
454
220
-
2,543
-
500
1,000
1,500
2,000
2,500
3,000
Occupied (5) Approved (4) Applied (2)
Exp 3/20 (1)
Future
Total 2/20
71st Street Corridor Residential Units
Residential Unit Data
?
?
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
2
area, the projected increase of 7 new development applications (approved plus applied for
plus expected next month) will more than double the number of residential units. A few
parcels remain and we should expect them to follow shortly.
In the summary table, I highlight the dramatic change in residential units, starting with the
‘base’, the five buildings that are fully functional. A more detailed analysis with references,
built date, and parking data from P&Z application is available upon request. All data has
been sourced by through filed applications. This letter specifically focuses on the increase
in housing units on 71st Street between Kierland Blvd and Paradise Lane. Since parking is
tied to units in this area, we have not shown parking spaces in this letter.
Summary of Existing Residential Units, Construction and Applications
Comm
Bldg.
Occupied
Approved
Applied
For
Exp 3/20
**
Total
Occupied
5
991
991
Approved & In
Construction
2
356
356
Approved
2
519
519
Applied for
2
454
454
Expected
1
220
220
Base/Added
Units
991
875
454
220
2,540
Cumulative
Total
1,865
2,320
2,540
** - Optima Tower Community expected to be filed in March 2020. NOTES: Data was collected from City of
Phoenix Applications aka the Z-xx-xx files (9) and Assessment or Real Estate Data Files (2). Any changes in
units from application to final buildout is not included in this table.
________
We already observe the daily stress of increased housing, construction, more vehicles, more
support vehicles, etc. translate into needs for water, sewer, street maintenance, on-site
and street parking and most importantly vehicular traffic.
Traffic patterns, necessitated by the desire to prioritize egress off of Scottsdale Road, will
even multiply the traffic impact more. To date, it appears all applications have deferred
egress to 71st,, Paradise Lane, Tierra Buena and the alley ways, in an effort to keep traffic
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
3
flow steady on Scottsdale Road. Added into the equation is the fact that 71st is currently
utilized as a cut-through street in both directions to avoid the Scottsdale/Kierland traffic
light. Seventy First Street was not designed to carry the transportation of over 2,500
resident units plus traffic diverted from Scottsdale.
I am acutely aware of the various proposals moving through the approval process. I have
opined on various proposals over the past two years. The health of Kierland will be
contingent on managing the density, open space, and level of light around these buildings.
Traffic through this street will determine livability, and ultimately community value.
Before the Paradise Valley Board approves this application and similar ones in the defined
area, the Council should understand the unintentional consequences that the applications
before you make. I suggest that a moratorium be enacted immediately to review these
issues thoughtfully and thoroughly, with community input.
In just a few years, the 71st Street corridor has been redeveloped into a residential
community; the vision prioritizing residential and creating a vibrant community has
materialized into a community with close with close to 1,000 units. Success like this
encourages more redevelopment. Now, the Phoenix Planning Commission and the
Paradise Valley Council needs to be mindful of eagerness to over build along 71st Street.
We encourage you to review, analyze and approve applications in a holistic approach, with
a Master Plan for the street. Set a cap on residential units, lower building heights to keep
light channels, understand vehicular flows, egresses and open space. Take the time to
understand all the impacts this rapid increase in residential is putting on the 71st corridor
and those who choose to live there.
Sincerely,
Heidi Brake Smith
Heidi Brake Smith
Owner – 7120 Kierland, Unit 708
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
1
Delivered – Via Email
May 31, 2020
David Simmons, David.simmons@phoenix.gov
Paradise Valley Staff Planner & Committee
Paradise Valley VPC, ParadiseValleyVPC@phoenix.gov
City of Phoenix Planning and Zoning Department
Re:
Application – Z-6-20
DCH 15615 N. 71st Street
Dear Paradise Valley Council,
Application – Z-6-20 will be the 10th application for the N. 71st area since 2014 and will be
presenting on Monday, June 1.
I first wrote to the Planning Council in a letter dated March 17th, 2020. The letter focused
on increase in residential units and their impact with no apparent master plan in place.
Before approving any more construction, the council needs to understand the collective
impact of new residential units on vehicular traffic, local infrastructure, health and safety of
residents’ post-pandemic, and the character of the neighborhood.
My letter today focuses on the massing of two projects adjacent to our home at 7120 E.
(See drawing on page 4.) Kierland Blvd and the combined impact on views and corridor
views. I have prepared a site plan that combine the existing Optima parcel (4 residential
buildings) with the site plans from two applications/upcoming applications: (1) DCH Optima
(Appl A-6-20) parcel and (2) anticipated Optima filing for the 7190 lot. Optima has
presented these 2 new parcels separately in order to camouflage the significant combined
impact they will have if/when both are completed as currently drawn.
Since I live on the 7th floor of 7120, I will discuss the impact on my specific building from our
unit. Every unit below me will be impacted similarly. Those units above will also be
impacted depending their intersection with the building’s 70.5’ planned height.
The unique views are the main selling points of the 7120 north facing units (north and west
or north and east). They were popular and there was a premium on them. With these new
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
2
buildings, the only views left will be a very narrow ‘view corridor’ to the northeast. The
northern and eastern units will effectively become interior units. This is accomplished in the
two applications/proposals before/coming you:
1. The application Z-6-20 will remove the entire northern view below the 8 floor
Optima building. The width of the building of approximately 160 ft will be almost 2x
times the 80 ft of 7120’s northern side. The setbacks of the application of 10’ to the
east and west create a massive footprint. The existing alley ways are the only buffer.
(Bldg. Stack 7, 8)
2. The proposed application of 7190 N Kierland will remove all eastern views of the
McDowells. The L-shape design narrows the northeast view and closes the eastern
view. (Bldg. Stack 5, 6, 7)
When we purchased our unit in 2017, Optima presented a clear layout of 4 buildings (7120,
7140, 7160, and 7180). Now, however, Optima is proposing additional development that
will significantly infringe on us.
In 2019, the council wisely voted against DMB’s plan to build a high rise that would block
view corridors and snarl traffic. Ironically, the 7190 plan is very similar to the DMB plan that
was before the planning commission in the past. The difference is in the architecture and
material, but the massing is the same. And in the meantime, the developer has purchased
the 15615 site. They are now replacing the 2-story commercial office with a 7-story
residential building.
We now find ourselves listening to an Optima development team applying for two parcels
separately. The impact is a one, two punch. The application before you now, affects the
northern exposures. After that approval has been granted, they will apply for 7190 and
take out the eastern views. The total effect is worse.
Optima provides separate site plans in their application but never connects them to one
another. (I created the combined site plan drawing, not the applicant.) Optima emphasized
in a public presentation that their plans protect and will even increase the value of our
investment, but I strongly disagree. We have lost the single most important reason to own
this unit – the views. This holds true for every owner in Stack 05, 06, 07, 08 below Floor 10.
Before approving any new applications in the defined N. 71st St area, the Paradise Valley
PVC Board must review site plans, elevations, and importantly, view corridors from the
buildings’ base to the top.
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
3
Lastly, as I write this letter in my Covid-19 self-isolation, I believe the Board must consider
the health risks to all Kierland residents of increased apartment density, especially in light
of the death tolls in major cities worldwide. My comments on density in my March 17,
2020 letter are more relevant than ever.
I ask you to please review, analyze and approve applications in a holistic approach with a
Master Plan in mind. By mandating lower building heights, we can protect light and view
corridors. By mandating lower density, we can maintain a safe and healthy neighborhood.
Sincerely,
Heidi Brake Smith
Heidi Brake Smith
Owner – 7120 Kierland, Unit 708
712071
7190
7180
7140
7120
7160
15615
Scottsdale Road
71st Street
Kierland Blvd
Current Optima Kierland Bldgs shown with new applications
7190 Prospective
Application - expected
Summer 2020
15615 Application - Z-6-20
NORTH
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
1
Delivered – Via Email
July 28, 2020
David Simmons, David.simmons@phoenix.gov
Paradise Valley Staff Planner
Paradise Valley VPC, ParadiseValleyVPC@phoenix.gov
City of Phoenix Planning and Zoning Department
Re:
Request for Massing Model
Application – Z-33-20-2, 15450 (aka La Maison Interiors)
Application – Z-6-20, 15615
Dear Paradise Valley Council,
Application – Z-33-20-2 will be the 11th application for the N. 71st area since 2014. The
applicant recently held a public meeting on July 22nd.
In my past letters, I asked you to review, analyze and approve applications in a holistic
approach – in particular, these two adjacent proposals. Sadly, no Master Plan for N 71st was
created. Today, the City of Phoenix Planning Department and the PV Village Planning
Committee reviews application after application within Kierland without context.
There is an acute necessity to understand massing and open space in context with one
another for the two applications before you now. The size and the mass of the buildings
(existing and new) creates what I will call the Canyons of Kierland. Elevations in 2D and site
plans prepared by the applicant do not capture the relationships between these buildings.
The Phoenix Planning & Zoning Department should at a minimum require a 3D massing
model for these applications and their adjacencies (Optima 7120, 7140, 7160, 7180). A
massing model would
1. illustrate the distances in 3D between the existing and proposed buildings
that the applicant was referring to in the July 22 public presentation. The
impact cannot easily be understood in 2D.
2. highlight the heights of each building in relation to one another and the
recent changes in height the applicant was referring to as shown in elevation.
Heidi Brake Smith
7120 E Kierland Blvd, Unit 708
Scottsdale, AZ 85254
203-253-4944
2
3. highlight the relative distances of all Optima buildings as they rise from a
smaller footprint and the setbacks. The base level site plan is disingenuous.
4. illustrate the grade changes that the developer refers to in the presentations
between 7120 and the 15615 building and the impact on overall height
5. illustrate the distance between the southeast corner of the 15615 to the
northwest corner of 7190
6. illustrate the expansive southern wall of 15615 to the northern wall of 7120
7. illustrate the difference in setbacks along 71st (east side of the street)
between Kierland Blvd to Tierra Buena.
The massing model would highlight what elevations, site plans, and open space calculations
do not; that the proximity of all these building (existing and 2 applications) is simply
creating a canyon effect with limited sunlight. And that the pedestrian experience along
71st Street changes significantly from 7120 northward as 15615 where setbacks are
reduced.
Optima’s developer team continues to present these 2 applications separately in order to
camouflage the significant combined impact they will have if/when both are completed as
currently drawn. It is the task of the Phoenix Planning Department and the PV Village
Planning Council to necessitate that these two projects are viewed in context within
another as well as other applications. PUD applications should encourage architectural
design in not only materials but in massing, varied setbacks, and streetscape that
encourages the pedestrian experience. Right now, these 2 PUD applications together with
the existing Optima campus do not accomplish these goals. A massing model would
highlight these design and development weaknesses.
Sincerely,
Heidi Brake Smith
Heidi Brake Smith
Owner – 7120 Kierland, Unit 708
A Massing Model –
Attachment to Letter regarding Applications Z-33-20-2 and Z-6-20
Page 3 of 4
1
David O Simmons
From:
Heidi Smith <heidibrakesmith@gmail.com>
Sent:
Monday, June 1, 2020 12:05 PM
To:
David O Simmons
Subject:
Re: Application Z-6-20 at 15615
David,
Thank you for your call.
I respectfully ask to be on the virtual call on Monday, June 1.
I will be speaking on Agenda #4, Z-6-20-2.
I am against the project as applied for.
Heidi Brake Smith
203-253-4944
On Mon, Jun 1, 2020 at 2:40 PM David O Simmons <david.simmons@phoenix.gov> wrote:
Ms. Smith,
Thank you for reaching out in regard to Rezoning Case No. Z-6-20-2, Optima 15615. Your opposition has been noted
and added to the case file to be included as part of the public record. I have also forwarded your email to the applicant
as well as to the members of the Paradise Valley Village Planning Committee so they are aware of your concerns. If you
wish to speak at the virtual meeting, please submit a request to David Simmons, Paradise Valley Village Planner, via
email at David.Simmons@phoenix.gov at least 6 hours prior to the start of the meeting. Please indicate the item(s)
number on the agenda if you wish to speak. Staff will provide you further instructions on the process for public
comment during the virtual meeting. Staff will make every effort to accommodate requests to speak submitted beyond
the 48 hour period. Due to the added demands of facilitating the virtual environment for the public, applicants and
other staff members, we cannot consider any request less than six business hours before the start of the meeting.
I encourage you to virtually attend all public hearings moving forward. The Paradise Valley Village Planning
Committee meeting is scheduled on June 1, 2020 at 6:00 PM. The meeting agenda has been posted outlining
detailed instructions on how to access the meeting via telephone (land line or cell phone) and via the internet.
https://cityofphoenixpdd.webex.com/cityofphoenixpdd/onstage/g.php?MTID=eba80fdc1e42fc468b7ac77586d
be6f0f [cityofphoenixpdd.webex.com]
The Planning Commission meeting is scheduled on NA (Not yet scheduled). For more information, please see:
https://www.phoenix.gov/cityclerk/publicmeetings/notices
2
The City Council meeting is scheduled on NA (Not yet scheduled) at 2:30 PM. For more information, please see:
https://www.phoenix.gov/cityclerk/publicmeetings/city-council-meetings
The staff report and applicants hearing draft are available for review on the City’s website:
https://www.phoenix.gov/pdd/planning-zoning/pzservices/pud-cases (Staff report has not been drafted for the
Optima proposal as of yet)
Please let me know if you have additional comments or concerns.
Respectfully,
David Simmons, MA
Planner II* Village Planner
200 West Washington Street
3rd Floor
Phoenix, AZ 85003
602-262-4072
david.simmons@phoenix.gov
From: Heidi Smith <heidibrakesmith@gmail.com>
Sent: Monday, June 1, 2020 6:54 AM
To: David O Simmons <david.simmons@phoenix.gov>; PDD Paradise Valley VPC <paradisevalleyvpc@phoenix.gov>
Subject: Application Z-6-20 at 15615
3
David and Council Members,
Please see attached Letter to the Council dated 5/31/2020 regarding the Application of Z-6-20. This letter is focused on
site planning and corridor views.
You already have in hand my letter dated 2/24/2020 that focused on density related matters.
Thank you,
Heidi Brake Smith
203-253-4944
15620 North Scottsdale Road ● Scottsdale Arizona 85254
February 25, 2020
Mr David Simmons, MA
Planner II* Village Planner
200 West Washington Street
3rd Floor
Phoenix, AZ 85003
RE: Nearby Business Owner Objection to Optima 15615 (Z-6-20) Zoning Change
Dear Mr Simmons,
I am the owner of Lumature a furniture store located at 15620 N Scottsdale Road, which
is a property immediately east of the property requesting the proposed zoning change at
15615 North 71st Street (the “Property”), rezoning case number Z-6-20.
I oppose the following proposed setbacks in the zoning change application because
they clearly violate the setbacks stated in the Master Declaration Bylaws:
South 40 foot Setback:
40 foot setback includes a 33 foot street and a 4 foot sidewalk, leaving only 3 feet of
landscaping. Neighboring Optima building to the south has a 25 foot setback. Master
Declaration Bylaws states 25 foot setback, paving set back 8 feet.
West 10 foot Setback:
10 foot setback including sidewalk and landscaping. Master Declaration Bylaws states
30 foot setback for 71st Street, as the Optima building to the south has used.
North 10.5 foot Setback:
Setback to Leon Group building is 10.5 feet. Master Declaration Bylaws states 25 foot
setback.
East 0 foot Setback:
Building on property line. Master Declaration Bylaws states 25 foot setback.
Building plans shows the building surrounded by trees on all 4 sides.
There can be no trees when the building is built on the property line.
Building Height:
Proposed building height is 88.5 feet including rooftop elevator lobby - 7 floors.
Number of units: 182.
Parking provided: 238.
The building should be 5 floors. The Leon Building was restricted to 5 floors, and the
55+ Building was limited to 5 floors.
Kierland Master Declaration Bylaws states that neighboring properties must approve
of any change of property setbacks and changes, and also that the Kierland Master
Association - Design Review Committee must approve of any changes before
approval by the City of Phoenix.
Sincerely,
Mark Kerzner
President/Owner
Lumature
480-326-6324
mark@lumature.com
1
David O Simmons
From:
Pat Simpson <psim338@aol.com>
Sent:
Wednesday, July 22, 2020 1:52 PM
To:
David O Simmons; PDD Paradise Valley VPC
Cc:
ngriemsmann@swlaw.com; simpsonjohnp@gmail.com
Subject:
Rezoning Concerns - Optima Kierland
Dear Mr. Simmons and Members of the Paradise Valley Planning Commission,
We are residents/owners at Optima 7120 unit 805, writing to you because we are concerned about 2 filed zoning cases
(Z-33-20-2 & Z-6-20-2), both adjacent to the 7120 building.
The Kierland neighborhood is threatened by disparate rezoning proposals that would irrevocably compromise and
diminish the character, personality and long term viability of the area. We are deeply concerned about negative
consequences of haphazard development proposals which may result in...
Excessive development density
Disruptive / risky traffic patterns
Pressure on infrastructure
Parking issues
Public safety
The development density of the proposed projects will put pressure on infrastructure and traffic flows, and will significantly
impact the overall community viability.
We are very concerned about a dangerous precedent being set for the future with no Master Plan and protection for the
value of the owners of the existing projects.
We respectfully request that the City of Phoenix immediately "pause" these two applications and develop a Plan
for the Kierland Area, considering the long-term impact of projects on the infrastructure and living environment
and taking into consideration the negative consequences development will have on existing parcels and the long
term viability of the area.
Given the impact of the COVID19 pandemic, it appears that major zoning decisions are being made at a time when area
residents/owners are distanced and distracted, and when the character of much of our day to day activities may be
permanently changing. Making decisions of this type without giving residents/owners the opportunity to review and
comment on them with the developers in person at a time like this doesn't seem right. Kierland has the opportunity to be a
role model for future development in other areas around the state and the country if we move ahead with a strong well
thought through master plan.
Respectfully,
Patricia and John Simpson
7120 E Kierland Blvd #805
July 10, 2020 – Delivered via email
TO: David Simmons, David.simmons@phoenix.gov
Paradise Valley Staff Planner & Committee
Paradise Valley VPC, ParadiseValleyVPC@phoenix.gov
City of Phoenix Planning and Zoning Department
Jim Waring, council.district.2@phoenix.gov
City Council
RE: Application Z-6-20 (DCH 15615 N. 71st Street) and
Application Z-33-20-2 (15450 North Scottsdale Rd)
Mr. Simmons, Mr. Waring, and Paradise Valley Village planners,
I moved to Optima Kierland because of its urban environment; however, Covid-19 has
significantly blighted that landscape. A stroll to Kierland Commons became pointless as
restaurants and stores shuttered (and even boarded their windows for a time); my building’s
amenities closed (and our fitness center has recently closed again); my neighbors distanced,
declining to share elevators and stepping aside in hallways and public spaces; we all raced to
wash our hands after touching an elevator button or garbage chute. The fact that this PVVPC
meeting is being held remotely, rather than in person, underscores the changed environment.
Despite this deterioration in urban life, developers in Kierland appear determined to roll forward
with projects based on outdated, pre-Covid-19 plans. Optima has two new high rise buildings
scheduled to open this year, encompassing over 400 additional apartments, in addition to the
applications referenced here. Two buildings by other developers are also well along in
construction. Accordingly, I ask the PVVPC to prepare a Master Health and Safety Plan
addressing Covid-19 and future virus threats before approving either Application Z-6-20
(DCH 15615 N. 71st Street) or Application Z-33-20-2 (15450 North Scottsdale Rd).
While some may believe that Covid-19 is a passing cloud, the data says otherwise. Arizona
required 3 months to record its first 20,000 coronavirus cases, but less than three weeks for
the next 20,000 infections to occur. Arizona’s positive test rate, 25.9%, is currently the highest
of any state in the country. Testing sites throughout Phoenix are so overwhelmed that our mayor
recently begged for help on national TV. Eastern states now require Arizona residents to
quarantine for 14 days upon our arrival.
After terrorist attacks brought down the Twin Towers on September 11, 2001, urban planning
committees worldwide modified building codes for high rises. New provisions addressed design,
construction, and emergency egress, requiring additional stairways, increasing the width of all
hallways, and calling for luminous markings delineating exit paths. Safety concerns outweighed
developer profits.
Covid-19 is our “9/11 crossroads” and we must treat it accordingly. Dense, high rise apartment
complexes are potential epicenters of disease. A virus can spread much faster in a building with
200 apartments than in a single family home. Unfortunately, we do not yet know all the facts
about the virus and how to contain it. Accordingly, there is no reason to permit developers to
rush ahead of this learning curve with buildings based on pre-Covid-19 construction standards.
Proper protections and zoning are required to insure the long-term well-being of Kierland
residents, neighboring communities, and the city of Phoenix. PVVPC must re-evaluate density
inside multi-family buildings and open space requirements in the surrounding streets. Health
experts need to be consulted, just as we consulted traffic experts to measure vehicular flow. We
should see what modifications similar urban areas around the country might be taking and adopt
the best practices for Paradise Valley Village.
Specifically, the PVVPC analysis should at least address these critical questions:
1. What building setbacks must be mandated to assure sufficient light and air to public
spaces?
2. Can we add more elevators to prevent overcrowding?
3. Can elevator controls and garbage chutes be redesigned to be hands-free?
4. Should hallways and elevator landings be widened?
5. Does hallway ventilation need to be reviewed? HVAC systems?
6. Will 1 bedroom apartments have enough work space for the work-at-homer? If not, how
many conference rooms and carrels must be offered to avoid overcrowded “in-building”
gathering areas?
With four new buildings already scheduled to open in Kierland in 2020, we must slow down,
assess the situation as residents move in (or not?), and develop a Master Health and Safety Plan
before we approve the construction of any more buildings.
In the interests of public health, both our senators have called strongly for research and planning.
Kyrsten Sinema said, “I think we should be designing our policy about how do we reduce the
spread so fewer people are dying, fewer people are in the hospitals and fewer people are
contracting the virus.” Senator McSally added “…we don't sit back and wait for government
edicts. We each need to still take care of each other and do our part to stop the spread.”
There is no rationale for PVVPC to approve outdated, pre-Covid-19 projects that have the
potential to denigrate Kierland from a vibrant, healthy community to a ghost town.
Sincerely,
Scott M. Smith
7120 E. Kierland Blvd - Apt. 708
1
David O Simmons
From:
Scott Smith <camelotcapitals@gmail.com>
Sent:
Monday, June 29, 2020 6:51 AM
To:
David O Simmons
Subject:
Comment letter for July 6 PVVPC meeting?
David,
I am a Kierland resident and would like to file a comment letter for the Paradise Valley Village Planning Committee
meeting on July 6 on DCH Z‐6‐20 (15615 N 71st Street Parcel).
What is the deadline?
Do I just email my letter to you?
Do I have to apply to speak on the PVVPC conference call?
Thank you
Scott Smith
1
David O Simmons
From:
Scott Smith <camelotcapitals@gmail.com>
Sent:
Monday, August 3, 2020 8:23 AM
To:
David O Simmons; PDD Paradise Valley VPC; Council District 2 PCC
Subject:
Additional comments on Application Z-6-20 (DCH 15615 N. 71st Street) and Application Z-33-20-2
(15450 North Scottsdale Rd)
Attachments:
WSJ 7.29.20 - post Covid buildings.docx
David,
Please add the WSJ article (below, attached and linked) to my comment letter, dated July 10, on these 2 proposals.
https://www.wsj.com/articles/what‐buildings‐will‐look‐like‐after‐the‐covid‐crisis‐11596040879?mod=re_lead_pos2
[wsj.com]
I would also like to add to the file:
In a July 22nd neighborhood meeting, the Optima representatives replied to my question on Covid planning by stating
that they had not made any changes to these 2 applications due to Covid‐19.
Thank you,
Scott Smith
What Buildings Will Look Like After
the Covid Crisis
Luxury real‐estate developers are rethinking living spaces, staircases and even
ventilation systems amid the coronavirus pandemic
2
ILLUSTRATION: CHIARA VERCESI
By
Katy McLaughlin
July 29, 2020 12:41 pm ET
o
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TEXT
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56 RESPONSES [wsj.com]
Someday, years from now, a resident will wake up in their luxury
condominium at developer Gregg Covin’s The Cedars Lodge & Spa in
Hendersonville, N.C. They’ll make breakfast on the island in their big
kitchen and sit on their heated balcony. They’ll walk out of their private
entrance and use an elevator that serves only three other units. They’ll
work out in a series of small exercise rooms and gather with friends at a
restaurant in a glass atrium.
Hopefully, Covid‐19 will be a distant memory. But every aspect of these
homes will have been shaped by the pandemic.
3
Developer Gregg Covin had to rethink his design for The Cedars Lodge & Spa in
Hendersonville, N.C., to meet new demands in a pandemic‐rattled world,
starting with bigger kitchens and more access to outdoor space.
PHOTO: CEDARS LODGE & SPA (RENDERING)
Mr. Covin tore up his original plan for a part‐hotel, part‐condo project
with small kitchens, few balconies and large amenity spaces, and began
redrawing the concept in March. “For sure, there are going to be long‐
term changes in behavior because of this,” said Mr. Covin, who still aims
to break ground this year.
One of the trickiest parts of a luxury real‐estate developer’s job is
divining what buyers and renters will value—and pay top dollar for—in
the three, four or even five years it takes to go from design to
completion. Covid‐19 has made that more complex, as developers try to
tease out which parts of the pandemic experience will fade away and
which will remain as part of the culture.
Some costs can be passed on to the renters or buyers who want the
changes enough to pay more for them. Mr. Covin, for example, was
originally planning units in the $300,000 to $500,000 range, but now
4
thinks buyers will pay $350,000 to $750,000 for larger units that can be
used as second homes.
5
6
ILLUSTRATION: CHIARA VERCESI
Rental developers also are betting the postcrisis market will reward
them for adding or installing specialized furniture that can make a small
space seem larger so residents can work from home more comfortably.
Other changes aimed at improving air quality or enabling distancing
from other residents—such as re‐engineering ventilation systems,
adding elevator banks, or reconfiguring common areas—may help lower
resistance to high‐rise living, a lifestyle that has taken a beating in this
crisis.
There is evidence already that the amenities and elements valued by the
rental market have changed since the pandemic hit. Luke, a
conversation‐friendly real‐estate chatbot that texts listings to apartment
hunters in New York City, analyzed 30,000 messages from potential
renters between December and February and compared them with those
between March and May.
In San Francisco, the 30 Van Ness building, set to be completed in late 2023,
will feature roomy, decorated staircases and partitioned common areas.
7
PHOTO: SCB/STEELBLUE (RENDERING)
The New York‐based company found that requests for home offices rose
from 0.5% of messages prepandemic to 3% once the pandemic hit.
Private outdoor space requests jumped by 20%, while requests for in‐
unit laundry (a rarity in New York City) went up 17%. Interest in gyms
plummeted. Requests fell by 10% for in‐building gyms and by 50% for
gyms nearby.
8
Ventilation systems are a major target for change, with developers looking to
confine air circulation to units rather than through entire buildings.
ILLUSTRATION: CHIARA VERCESI; SOURCE: MEYERS+ ENGINEERS
9
SHARE YOUR THOUGHTS
Would you be interested in a property that has been “future‐proofed”
against infectious disease? Why or why not?
In San Francisco, 30 Van Ness, a 47‐story multiuse building with 333
condos located a block from Twitter [wsj.com]’s headquarters, is slated
for completion in late 2023, said Arden Hearing, executive general
manager, West Coast, for Lendlease. Even with that distant time horizon,
the pandemic prompted numerous design changes.
“Because of Covid, we’ve thought a lot more about stairs,” he said. To
encourage residents to use them, and decrease elevator density, the
project will now have stairs that are wider and carpeted, with art and
natural light, he said.
Until March 15, the amenity plan also featured an open 12,000‐square‐
foot space for co‐working by day and lounging by night. New blueprints,
Mr. Hearing said, divide that space to include a music studio, a fitness
area, art space, a cooking‐and‐dining area and a screening lounge.
10
Developer MaryAnne Gilmartin has decided to add upgraded air filters, create
a separate entry for deliveries and install touchless features such as using
phones to call elevators and open doors at 241 West 28th Street, a 480‐unit
Manhattan rental building set to begin construction later this year.
PHOTO: COOKFOX ARCHITECTS (RENDERING)
Some sections will have glass partitions, to give a sense of togetherness
while creating physical separation. Many will exit to an outdoor area.
The building also will include horizontal ventilation, with each
residential unit having its own system, as opposed to the traditional
vertical system that filters air throughout a tower, he said.
The HVAC upgrades alone will add several million dollars to the project,
Mr. Hearing said. The investment is expected to differentiate the project
from older buildings and help with marketability, he added.
In New York, MaryAnne Gilmartin, founder and chief executive of MAG
Partners, plans to begin construction later this year on 241 West 28th
Street, a 480‐unit rental building in Manhattan’s Chelsea neighborhood.
11
Developer John Farina’s Ocean Delray will have 19 units, each with a private,
air‐conditioned garage and four with private elevators.
PHOTO: U.S. CONSTRUCTION (RENDERING)
Mr. Farina intends to incorporate similar elements for his planned 14‐unit
project, Echelon, in the design phase in Delray Beach. The new project will
have double the number of elevators initially planned, to cut down on shared
space.
PHOTO: U.S. CONSTRUCTION (RENDERING)
She said much of the original plan should play well in the postcrisis era,
citing its two towers connected by a garden, allowing for shorter and
less‐crowded elevator rides than with a single tower, and more outdoor
space. Still, the crisis has inspired her to upgrade air filters, create a
separate entry for deliveries, and add touchless elements that let
residents use their phones to call elevators and open doors.
At Echelon, a 14‐unit project in the design phase in Delray Beach, Fla.,
developer John Farina had planned four elevators. In early April, he
changed to eight elevators, so that no resident would have to share an
elevator with more than two other units.
1
David O Simmons
From:
Larsen, Vickie <VLarsen@bokf.com>
Sent:
Wednesday, July 22, 2020 9:59 AM
To:
David O Simmons; PDD Paradise Valley VPC; ngiesmann@swlaw.com
Cc:
vickie.larsen@me.com
Subject:
Application Z-6-20 (DCH 15615 N. 71st Street) and ApplicationZ-33-20-2 (15450 N. Scottsdale Rd)
July 12, 2020
Mr. Simmons, Mr. Waring, and Paradise Valley Village Planners,
RE: Application Z-6-20 (DCH 15615 N. 71st Street) and
Application Z-33-20-2 (15450 North Scottsdale Rd)
I am a Member of "Protect 7120 Optima, LLC", a newly formed nonprofit created by the
Owners of 7120 Optima to Protect the Property Values, Quality of Life, and Overall
Living Environment of the 7120 Optima building and surrounding Kierland area. Our
group consists of 15 Owners in 7120 Optima, but our primary issues have been
supported by nearly 100 7120 Optima Owners who have signed a Petition supporting
our concerns.
Our Primary Concerns are 2 filed zoning cases (Z-33-20-2 & Z-6-20-2) both adjacent to
the 7120 Building that will significantly adversely affect the Property Values, Safety,
Living Environment, Quality of Life and Destroy the "Nature" of the Kierland area.
The issues we are Most Concerned about are as follows:
1) Request that the City and KCA support us and propose that the City of Phoenix
immediately "pause" these two applications due to:
A) a lack of a General Plan for the Kierland Area and a thorough analysis on the long-
term impact of projects to the infrastructure and living environment taking into
consideration the "Negative" consequences each Parcel will have on existing Parcels;
and
B) the Impact of Covid 19 has prevented the 7120 Owners from meeting as a group to
discuss these large, impactful projects, and many homeowners are not in Arizona, do
not participate in zoom calls, and do not understand the proposed projects implications
to 7120 Optima. The outline and exhibits presented to the City and 7120 Owners are
misleading, do not clearly identify the impact on 7120 Optima, and are being
intentionally presented at a time when the 7120 Owners are distracted and concerned
2
with their life and safety. Covid permits the developer to "divide and conquer" us at a
time when we should be having open, transparent dialogue on these important
issues. The density of these buildings and safety of the occupants due to Covid 19,
and likely future similar pandemics, should be considered.
The Kierland neighborhood is threatened by a rezoning proposal that would irrevocably
compromise and diminish the Character, personality and livability of the Area
We are Deeply Concerned about the negative consequences of misguided
development proposals including....
Excessive development density
Disruptive Traffic Patterns
Pressure on Infrastructure
Parking
Public Safety
The project is Transforming our Community into another “Downtown Phoenix” with
overcrowded spaces dominated by looming towers
Its development density will put pressure on infrastructure, traffic flows and significantly
impact the overall community aesthetics
Dangerous precedent for the future with no Master Plan and Protection for the Value of
the Owners of the existing projects
Thank you for your consideration.
Best Regards,
Vickie Larsen
7120 E. Kierland Blvd #803
Scottsdale, AZ 85254
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herein to the contrary, only agreements in writing signed by an authorized officer of the Company may be enforced
against it.
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