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City Council Report | Clayton Encore (5-UP-2017)

BACKGROUND General Plan The Land Use Element of the General Plan designates the site area as Mixed-Use Neighborhoods. This category includes higher density residential, office and retail uses. Mixed-Use Neighborhoods are also characterized by being located in areas having multiple modes of transportation available. In addition, the site areas are located in a growth area, as designated by the Growth Areas Element of the General Plan. The purpose of this designation is to approach “...growth management from a perspective of ..." identifying those "...areas of the community that are most appropriate for development focus [that] will best accommodate future growth...." The Growth Areas are intended to encourage development in a mixed-use environment.

Character Area Plan The Downtown Future Land Use map of the Downtown Plan designates the site as Downtown Multiple Use Type 2 within the Main Street Conceptual Urban Neighborhood. This land use is characterized to "Encourage new development, redevelopment and infill that strengthens Downtown Scottsdale's mix of uses and activities..." (LU 2.5) that are primarily mutually supportive.

Zoning The site is zoned Commercial Downtown Overlay (C-3 DO), which allows for a wide variety of uses, including retail, service and restaurants. Live Entertainment is permitted subject to the approval of a Conditional Use Permit.

Context Located at the southeast corner of North 75'^ Street and East 2"'^ Street, the site is located in an area that is occupied primarily by a governmental, office, and residential uses. Please refer to context graphics attached.

Adjacent Uses and Zoning North: East 2"° Street, and further north are existing office buildings, zoned Downtown Office-Residential - Type 2 Downtown Overlay (D/OR-2 DO), Downtown Office- Residential -Type 1.5 Downtown Overlay (D/OR-1.5 DO), and Service Residential Downtown Overlay (S-R DO) • South: Existing parking lot, zoned Highway Commercial Downtown Overlay (C-3 DO) • East: North 75^^^ Street, and further east is the existing City Court Building and Police Station, zoned Multiple Family Residential Downtown Overlay (R-5 DO) and Open Space Downtown Overlay (0-S DO) West: An existing office building, zoned Highway Commercial Downtown Overlay (C-3 DO)

Other Related Policies, References: Scottsdale General Plan 2001, as amended Downtown Area Character Area Plan

Page 2 of 8 City Council Report | Clayton Encore (5-UP-2017)

APPLICANTS PROPOSAL

Development Information • Existing Use: Vacant building • Proposed Use: Office and live entertainment • Parcel Size: 1.59 gross acres • Building area: 26,709 square feet • Area of Conditional Use Permit 11,342 square feet • Building Height Allowed: 36 feet, excluding rooftop appurtenances • Building Height Proposed: 26 feet 9 inches, excluding rooftop appurtenances • Parking Required; 24 spaces • Parking Provided: 35 spaces

IMPACT ANALYSIS

Conditional Use Permits, which may be revocable, conditional, or valid for a specified time period, may be granted only when expressly permitted after the Planning Commission has made a recommendation and City Council has found as follows:

A. That the granting of such Conditional Use Permit will not be materially detrimental to the public health, safety or welfare. In reaching this conclusion, the Planning Commission and the City Council's consideration shall include, but not be limited to, the following factors:

1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.

• All live entertainment activities will occur in the inside of the building. Even though there are no anticipated impacts arising from noise, smoke, odor, dust, vibration or illumination, staff has incorporated, and the property owner has agreed to the incorporation, of the following stipulations that require:

o all doors and windows to remain closed during live entertainment activities, other than for passage;

o Any noise generated during live entertainment, including any speakers or other amplification equipment, shall not exceed 68 decibels at a distance of one hundred fifty (150) feet measured horizontally in any direction from the property line of property; and

o Any live entertainment shall not begin before 10:00 a.m., and shall end by 11 p.m. Sunday through Thursday, and by 2:00 a.m. on Saturday and Sunday.

2. Impact on surrounding areas resulting from an unusual volume or character of traffic.

• The proposed live entertainment use is not anticipated to generate an unusual volume or character of traffic in the area. Both North 75*^ Street and East 2"'* Street are local commercial streets which are anticipated to accommodate the traffic generated by the proposed live entertainment use. The proposed live

Page 3 of 8 City Council Report ] Clayton Encore (5-UP-2017)

entertainment use will be an accessory use to the primary event venue activities that are anticipated to include ceremonies, weddings, receptions, meetings, private parties, other similar uses.

B. The characteristics of the proposed conditional use are reasonably compatible with the types of uses permitted in the surrounding areas.

• The site has variety of uses adjacent and nearby, which include various governmental facilities, offices, mixed use development (residential and commercial) personal care services, residential, and stadium uses. The proposed live entertainment use is an accessory use to the event venue and is reasonably compatible with the existing uses in the surrounding area.

C. The additional conditions in Section 1.403, as applicable, have been satisfied.

1. The use applicant has provided and obtained approval of a written Security and Maintenance Plan.

• A Security, Maintenance and Operations Plan been reviewed and approved by the Scottsdale Police Department and are on file. Conditions of the plan will be implemented and enforced by the City's Code Enforcement Division and the Scottsdale Police Department.

2. The applicant has provided written evidence that sound resulting from indoor live entertainment will be contained within the building, except where external speakers are permitted by Conditional Use Permit to allow indoor live entertainment to be heard outdoors.

• The location of the proposed live entertainment is within a building that is currently being constructed of an event venue and separate offices spaces. The owner has indicated that the building methodology utilized to construct the building would minimize and contain sound from live entertainment within the building.

3. The applicant has provided a lighting plan that addressed exterior lighting on the property, in accordance with Article VII of the Zoning Ordinance and Security and Maintenance Plan requirements.

• The property has obtained approval from the Development Review Board for an exterior lighting plan, case no. 7-DR-2016. In addition, the owner has submitted construction documents that demonstrate compliance with the Zoning Ordinance, and has obtain permits to construct the improvements. Conditions of the Security, Maintenance and Operations Plan will be implemented and enforced by the City's Code Enforcement Division and the Scottsdale Police Department.

4. The applicant has provided a floor plan that identifies the areas for the primary use and the accessory functions, including but not limited to areas for performances.

Page 4 of 8 City Council Report | Clayton Encore (5-UP-2017)

• The owner has submitted a floor plan that identifies the area of live entertainment.

5. If the establishment is not in the Downtown area, and access to the establishment is from a street other than one classified by the Transportation Master Plan as minor collector or greater, the applicant shall provide a traffic analysis which complies with the City's transportation guidelines. The traffic analysis shall demonstrate that the level of services on all streets accessed by this use meets the City's standards.

• This establishment is in the Downtown area. All abutting streets are local commercial streets. North Miller Road, which is minor collector street, is approximately 315 feet to the east; and, East Indian School Road is a Minor Arterial Street is located approximately 1345 feet to the north. No significant changes to existing traffic patterns are anticipated.

6. If the Zoning Administrator determines that a parking study is necessary the applicant shall provide a study that complies with the City requirements.

• The applicant has provided a parking management plan that specifies the manner in which event parking will be coordinated to maximize the efficient use of private onsite and offsite parking, and public parking lots and structures. In addition, the plan addresses methodology to be utilized to minimize event attendees from utilizing on street parking with in the area and adjacent neighborhoods. The applicant has agreed to the incorporation of a stipulation that all event parking shall be managed in accordance with the parking management plan approved by the Zoning Administrator.

7. The owner shall provide any additional information required by the Zoning Administrator to evaluate the impacts of the proposed use on the area.

• No additional information was requested by the Zoning Administrator.

8. All building openings, such as doors, windows and movable wall panels shall be closed but not locked, except as permitted by Conditional Use Permit. Doors and service windows may be opened temporarily to allow passage.

• The applicant has agreed to the incorporation of a stipulation to maintain all doors and windows closed, except for passage during live entertainment.

9. No external speakers used for live entertainment or outdoor live entertainment activities will be permitted on the premises of a use which is located within five-hundred (500) feet of a residential district, as shown in Table 4.100.A.

• The establishment is located within 500 feet of a residential district. The applicant has agreed to incorporate a stipulation that there shall be no outdoor live entertainment activities.

10. The owner and operator shall comply with all plans approved as part of the Conditional Use Permit.

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• The owner understands they must comply with all plans approved as part of this Conditional Use Permit; and, the stipulations for the Conditional Use Permit include substantial conformance to the site/floor plan

11. All patron entrances shall be illuminated in accordance with the Building Code and exterior lighting plans approved by the Development Review Board.

• The proposed location has received approval of construction documents from the City that demonstrated conformance to the Building Code and the exterior lighting plans approved by the Development Review Board, Case No 7-DR-2016.

12. Noise generated from the live entertainment shall conform to the City's Noise Ordinance.

• The owner understands the proposed live entertainment use is subject to the provisions of the City's Noise Ordinance. Furthermore, to assist in mitigating neighborhood concerns, the owner has agreed to complying with a stipulation that noise generated from live entertainment, including any speakers or other amplification equipment, shall not exceed 68 decibels at a distance of one hundred fifty (150) feet measured horizontally in any direction from the property line of property.

Public Safety The applicant has received approval of a Security, Maintenance and Operations Plan from the Scottsdale Police Department. The nearest fire station is located at 7522 E. Indian School Road, approximately 1,415 feet (0.27 mile) from the site. The nearest police station is directly across the North 75**^ Street to the west. No impacts are anticipated as a result of the proposed live entertainment use to existing police or fire services in the area.

Community Involvement The applicant has notified all property owners within 750 feet of the site. In addition, the applicant held an open house regarding the proposed use on April 6, 2016. A summary of the Citizen Involvement is includes as Attachment #5. The city also notified all property owners within 750 feet of the site. City Staff has received several letters in opposition (Attachment 5A) and support (Attachment 5B) for the purposed Conditional Use Permit of Live Entertainment. In addition, staff has received a few phone calls expressing opposition to the propose application noting concerns regarding, drunk individuals, litter, noise, parking, traffic and that the use would promote the proliferation of bars, concert and night club venues in this area of the Downtown.

OTHER BOARDS & COMMISSIONS

Planning Commission: Planning Commission heard this case on May 24, 2017 and recommended approval with a 6-0 vote.

Staff Recommendation t Planning Commission: Staff recommended that the Planning Commission find that the Conditional Use Permit criteria have

Page 6 of 8 City Council Report | Clayton Encore (5-UP-2017) been met, and make a recommendation to City Council for approval of Conditional Use Permit for Live Entertainment, per the attached stipulations.

STAFF RECOMMENDATION

Find that the Conditional Use Permit Criteria have been met and adopt Resolution No. 10833 approving a Conditional Use Permit for Live Entertainment on a +/-l-26-acre site with Highway Commercial, Downtown Overlay (C-3 DO) zoning located at 3719 N. 75th St.

RESPONSIBLE DEPARTMENT

Planning and Development Services Current Planning Services

STAFF CONTACT

Dan Symer, AlCP Senior Planner 480-312-4218 E-mail: [email protected]

APPROVED BY

Symer, AK^Report Author

Tim CurtiV^CP, Current Planning Director 480-312j4210, [email protected]

Raj^/urant, Directer PjQnping and Dev^pment Services 480-312-2664, j;;gf^[email protected]

Page 7 of 8 City Council Report | Clayton Encore (5-UP-2017)

ATTACHMENTS

1. Context Aerial 2. Resolution No. 10833 Exhibit 1: Aerial Close-up Exhibit 2: Stipulations Exhibit A to Exhibit 2: Site Plan Exhibit 3: Additional Live Entertainment Criteria 3. Applicant's Narrative 3.A. Parking Master Plan 4. Zoning Map 5. Neighborhood Notification 5.A. Letters of Opposition 5.B. Letters of Support 5.C. Planning Commission Comment Cards 6. City Notification Map 7. May 24, 2017 Planning Commission minutes

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Clayton Encore 5-UP-2017 Live Entertainment

RESOLUTION NO. 10833

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, ADOPTING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT FOR A +/-1,26-ACRE SITE WITH HIGHWAY COMMERCIAL, DOWNTOWN OVERLAY (C-3 DO) ZONING LOCATED AT 3719 N. 75TH STREET.

WHEREAS, the Planning Commission held a public hearing on May 24, 2017; and

WHEREAS, the City Council, held a public hearing on July 5, 2017.

NOW, THEREFORE, LET IT BE RESOLVED, by the City Council of the City of Scottsdale, Maricopa County, Arizona, as follows:

Section 1. That the City Council finds:

a) that the granting of this conditional use permit per stipulations set forth on Exhibit 2 will not be materially detrimental to the public health, safety or welfare based on, but not limited to, the following factors: damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination and impact on surrounding areas resulting from an unusual volume or character of traffic;

b) that the characteristics of the proposed conditional use are reasonably compatible with the types of uses permitted in the surrounding areas; and

c) that compliance with the additional conditions for live entertainment, set forth on Exhibit 3, is required.

Section 2. That a description of the conditional use permit is set forth in Case No. 5-UP-2017. The property that is subject to the conditional use permit is shown on Exhibit 1 and the conditional use permit approval is conditioned upon compliance with all of the stipulations that are set forth in Exhibits 2 and 3. All exhibits are incorporated herein by reference.

PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County, Arizona thisday of, 2017.

ATTEST: CITY OF SCOTTSDALE, an Arizona Municipal Corporation

By;. By:. Carolyn dagger W.J. “Jim” Lane City Clerk Mayor

APPROVED AS TO FORM: OFFICE OF THE.CITY ATTORNEY

Bo/ce Washburn, City Attorney By: Joe Padilla, Deputy City Attorney ATTACHMENT 2 15688616V1 Resolution No. 10833 Page 1 of 1 si , -j/- L 'j . . . :^ M 'E 2ncf'Sfreef ,<: .l_^

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Resolution No. 10833

Clayton Encore Exhibit 1 5-UP-2017 Page 1 of 1 Conditional Use Permit - Live Entertainment Stipulations:

Clayton Encore for

Case Number: 5-UP-2017

These stipulations are in order to protect the public health, safety, welfare, and the City of Scottsdale. Additions to the stipulations after the Planning Commission hearing are include as bold italic text, and deletions are indicated with bold stBkethfiwghs.

OPERATTON.S 1. CONFORMANCE TO THE CONCEPTUAL SITE/FLOOR PLAN. The floor plan of the live entertainment area, which is indicated with an angled hatch symbol on the site/floor plan, shall be in substantial conformance with the conceptual site/floor plan submitted by Aline Architecture Concepts, LLC and with the city staff date of 3/14/2017, attached as Exhibit A to Exhibit 2. Any proposed significant change to the conceptual floor plan as determined by the Zoning Administrator, shall be subject to additional action and public hearings before the Planning Commission and City Council. 2. LOCATION OF LIVE ENTERTAINMENT. All live entertainment shall occur in the live entertainment area, which is indicated with an angled hatch symbol on the conceptual site/floor plan submitted by Aline Architecture Concepts, LLC and with the city staff date of 3/14/2017, attached as Exhibit A to Exhibit 2. 3. NO BAR USE. This Conditional Use Permit is for live entertainment only, and a bar use is not approved as part of this request. 4. HOURS OF LIVE ENTERTAINMENT. The hours of the live entertainment for this establishment shall be limited to:

Allowed Start of the To Required End of the Live Entertainment Live Entertainment 11:00 p.m. for any Live Sunday 10:00 a.m. To Entertainment starting after 10:00 a.m. Monday 10:00 a.m. To 11:00 p.m. Tuesday 10:00 a.m. To 11:00 p.m. Wednesday 10:00 a.m. To 11:00 p.m. Thursday 10:00 a.m. To 11:00 p.m. Friday 10:00 a.m. To 2:00 a.m. on Saturday Saturday 10:00 a.m. To 2:00 a.m. on Sunday 5. SECURITY, MAINTENANCE, AND OPERATIONS PLAN. The live entertainment shall conform to the Security, Maintenance, and Operations Plan approved by, and on record with the City of Scottsdale's Police Department and the Planning, Neighborhoods, and Transportation Division. A copy of the approved Security, Maintenance, and Operations shall be Resolution No. 10833 Exhibit 2 Version 2-11 Live Page 1 of 3 maintained on site. Within 10 days after a request by the City Manager or designee, the owner shall provide an update of the Security, Maintenance, and Operations Plan to the Scottsdale Police Department and the Planning, Neighborhoods, and Transportation Division and Development Services department. At least ten (10) days before any operational change of the live entertainment, or any promotional event (excluding Special Events), that modifies the requirements or contents of the Security, Maintenance, and Operations Plan, the owner shall submit a revised Security, Maintenance, and Operations Plan to the Scottsdale Police Department and the Planning, Neighborhoods, and Transportation Division and Development Services department. Any revised Security, Maintenance, and Operations Plan shall be subject to approval by the City of Scottsdale's Police Department and the Planning, Neighborhoods, and Transportation Division and Development Services department. 6. NOISE. In addition to the City's Noise Ordinance (Ordinance No. 3192, Article II, Chapter 19 of the Scottsdale Revised Code), noise generated from this use, including any speakers or other amplification equipment, shall not exceed ambient noise levels consistent to the use and the character of the area during hours of operation, as determined by the Zoning Administrator, or designee. Amplified music shall be limited to the times that State law allows liquor sales at this establishment. 7. MAXIMUM NOISE DECIBELS. Noise generated during live entertainment, including any speakers or other amplification equipment, shall not exceed 68 decibels at a distance of one hundred fifty (150) feet measured horizontally in any direction from the property line of property identified on the above reference site/floor plan. 8. EXTERNAL LIVE ENTERTAINMENT. No external live entertainment is permitted. 9. EXTERNAL SPEAKERS. No external speakers to broadcast live entertainment are permitted. 10. EXTERNAL DOORS. All external doors shall be closed, except for passage, but not locked during Live Entertainment. 11. EXTERNAL WINDOWS. All external windows shall be closed during live entertainment. 12. PARKING MANAGEMENT PLAN. All parking for live entertainment events at the facility shall be managed in accordance with a Parking Management Plan approved by the Zoning Administrator. The parking management plan, shall incorporate: a. Parking management strategies (such as valet concierge and event parking services, shuttle service and shuttle parking, off-site employee parking, attendee drop-off/ pick-up zone, etc.) to maximize the efficient use of private onsite and offsite parking facilities, and public parking lots and structures, b. The methodology to manage event parking prior to 5:00 p.m. with minimal reliance on public parking facilities on weekdays; c. The methodology to manage event parking after to 5:00 p.m., and on weekends; and d. The methodology to manage event parking went Scottsdale Stadium is in use (spring and fall training games, concerts, etc.); and, e. Other information required by the Zoning Administrator to ensure the efficient management of parking for the facility and to minimize patron street parking in the immediate area and adjacent residential neighborhood on the east side North Miller Road. Within 14 days after a request by the Zoning Administrator or designee, the owner shall provide an update to the Parking Management Plan. At least fourteen (14) days before Resolution No. 10833 Exhibit 2 Version 2-11 Live Page 2 of 3 any operational change of the live entertainment, or any promotional event (excluding Special Events), that modifies the requirements or contents of the Parking Management Plan, the owner shall submit a revised Parking Management Plan to the Planning Development Services department. Any revised Parking Management Plan shall be approved by the Zoning Administrator.

ADMINISTRATIVE PROCESS 13. CONDITIONAL USE PERMIT ADMINISTRATIVE REVIEW. Within ten (10) days after a request by the Zoning Administrator or designee, the owner, shall submit a letter to the Zoning Administrator or designee demonstrating compliance with all stipulations. A deviation from any stipulations or change in the floor plan may be grounds for revocation of the Conditional Use Permit. 14. CHANGES IN OWNERSHIP. Within ten (10) days after a change in ownership, the owner shall provide notice to the Zoning Administrator in writing of any such ownership change.

Resolution No. 10833 Exhibit 2 Version 2-11 Live Page 3 of 3 SILaiSiraOltlss^ais^: ISfiHefatecIa

Sight (tistance triangles shall be shown on final plans tor 5. All signs require separate permits and approvals. occupancies:primary uses: business / assembly8.A-2.S-1 / storage 1 hr. rated demising walls. 2 hour area separations 2012 interr^atlonal building code 2012 Interr^ational mechanical code driveways from commercial sites and any intersections. 6. No exterior vending or display shall be allowed. Interior finishes (per table 803.5} Area within the safety triangle is to be clear of landscaping, 7, corridors class 9 2012 Internalional fire code Alt exterior mechanical, utility, and communication 5-B 2012 International energy conservation code signs, or other visibility obstructions with a height greater rooms -f end. (per table 803.9) class 6 (occ. loadprovided > 300] equipment shall be screened to the height of the tallest unit construction type 2011 national electric code than t,5feet. Trees within the safely triangle shall be single automatic sprinkler system required by parapet or screen wall that matches the architectural allowable area (building l.A-2) 18.000 sq. ft. 2012 International plumbing code trunk and have a canopy that begins at 8 feet in height upon portable tire extinguishers color and architectural tinish of the building. Ground area (building i) 14,646 sq, ft. 2009 international code council / american national installation. All heights are measured from nearest street line smoke/heal vents (per sect. 910.2) not required elevation. mounted mechanical, utility, and communication equipment allowable area (building 2f3, B, S-1] 27.000 sq.ft, standards institute ai 17.1 accessibility code Shan be screened ty a screen wall that matches the area (building 2^3] 8,216 sq. ft. 2010 americanswith disabilities act acesslk Temporary/Security Fencing that Is required or Is optional^ architectural color and architectural finish at the building, allowable height 1 story design and construct to meet requirements of: provided shall be in accordance with (he Zoning Ordinance which is a minimum of 1'-0“ higher than the highest point o( actual height 1 story Seismic zone c. 90 mph windspeed. exposure c. and the Design Standards and Policies Manual. tallest unit. The temporary/security fence location shall not be modified 8. All equipment, utilities, or other appurtenances attached to structural frame (type 5-B construct(an) or the temporary/securlty fence shall not be removed the building shall be an Integral part ot the building design In bearinginterior walls (type 5-B construction): Ohr this project consists ot a renovation to three existing, without the approval of the Planning and Development terms ot form, color and texture. CO ~ exterior Ohr adjacent structures into a mixed use development, the o S Services’ Inspection Services Orvfslon. g. No exierlcr visible ladders shall be allowed. existing pre-tab steel building will be re-rooted with new .c All rights-of-way adjacent to this property shall be 10. All pole-mounted lighting shall be a maximum ot 20 feet In non-bearing walls (type 5-0 construction): perimeter waits / storetrom. a new patio area and cover height. will flank the western end. the block ot the odsllng west • X >*- landscaped and maintained by the property owner, Interior (occ. sep. A-2:B per table 508.4) O LU O exterior (occupancy B, separation X <5ft.) buildings will be exposed with new storetront entries and courtyard to the north, the parking area will be upgraded door construction (type 5-B construction) OhrQ hr root construction (type 5-B construction) with new landscape, as well as the street scape. O < 05 2ND STREET CD SECTION 26, TOWNSHIP 2N, RANGE 4E

^SIGHTVISIBILITY ------7—6«HANpED_LANDSC^E STEPS AND ^FOUR BICYCLE RACKS PAVER WALKWAY - +36- H.SITE PROPERTY ADDRESS: 3719 N. 75TH ST., SCOnSDALE, AZ. 8525 ______/ JRl^LE^J______/ _PLAmN^SE^_^ ACCESSIBLE RAMP /\ _ PERi7-tr COS DETAIL 2285 WALL, TYP. EXISTING ZONING C-3 DO a; LU NEW CORNER CURB-f s >< RAMP TO MATCH COS BUILDING 1 W/ME2Z. (ASSEMBLY/OFFICE) 16,793 S.F. 100.00' BUILDING 2 (OFFICE) 3,850 S.F, MAG DETAIL 2234 161.42' NEW 6'SIDEWALK / BUILDING 3 (OFFICE) 4,366 S.F, BUILDING 1 MECH. MEZZ. 1,211S.F, PROPOSED PATIO 5,422 S.F, BUILDING AREA TOTAL 25,009 S.F. (27,752 UNDER ROOF) -SIGHTVISIBILITY OCCUPANCYTYPE A-2 (ASSEMBLY),B (BUSINESS) REMOVE EXISTING. CONSTRUCTION TYPE V-B (SPRINKLERED) TRIANGLE (S=24D', MAXIMUM HEIGHT 36 -0* (MECHANICAL EXCLUDED) SIDEWALK AND CURB COUR YARD 25 MPH) ACTUAL HEIGHT 26'-9* CUTS AND REPLACE WITH NEW WALKWAVWIDE tMAX APN 130-24-005D ANDSCAPEL PLANTER SITEAREA(GROSS)SITE AREA (NET) 55,348 S.F. 0R1.27 ACRES 69,645 S.F. OR 1.6 ACRES FIRE/RIS^RROOM DEPT. CONN. GROSS------FLObiLOOR AREA RATIO (GEAR) 25,009/69,645=0.359 EX. PKG. REQ'D: (13,500/800 + 10,716/300)=52,59 SPACES EXISTING FLOOR EX. PARKING PROVIDED: 20 SPACES FINISH +1’-6’ PARKING VARIANCE (85-0A-190O) -9 SPACES MG FLOOR PROP. PKG. REQ'D BUILDING 1 (14646/300) = 48.82 SpC'S FLOOR FINISH PROP. PARKING REO'O BUILDING 2&3 (6042/300 + 2147/600) = 22.81 SPC'S (71.63-52,59) = 19.04 DIF. PROP:EX. -f (6 CONFORM EXISTING ♦ LDING 2 BUILDINGS 9 VARIANCE » 34.04 - 9 VARIANCE) = 26 SPACES PURSUANT TO SECTION 9,104.H.2,C OF SCOTTSDALE ZONING ORDINANCE C-3/DO EX. C-3/DO PARKING REQ'D TOTAL 26 SPACES (2 ADA) PARKING PROVIDED 33 SPACES (2 ADA) BIKE PARKING REQUIRED 26x10% = 62 BIKE PARKING PROVIDED NEWTR/j UNSFORMER LOCATION. PAINT ’COtVE COURT'DEA174 *36* H, SlTEj- BUILOINBY DUNfI EDWARDS TO MATCH WALL, TYP.

FIRE DEBT, m RADIUS SIGHT VISIBILITY TRIANGLE (S=24Q-, 25MPH) I (STING ELECTRICAL 30--0-X 40'-0’ CROSS accessible'ROUTE' ^ 6 CURB-COORDINATE ACCESS AGREEMENT TYPICAL PARALLEL EXISTING PAVING TO «015-156-COS, I RESOLUTION#10160 PARKING STALL REMAIN TO MAINTAIN EASEMENT HISTORIC DRAINAGE TYPICAL 90 DEGREE 1 STAVE = s; UJ| FLOW PATTERN NEW DRIVEWAY RAMP PARKING STALL -LANOSCIPE area - PLANTING MAIN SI------ft < TO MATCH COS MAG | CIVIC PARK TO SCRM TRANSFORMER ON 1ST ST. DETAIL 2256 THREE sIdES, FOURTH SIDE TO 3 s » 226.31.' REMAIN CLEAR FOR ACCESS 1 2ND ST.g

Enhanced landscapeT TI55'’fl!rOoT' ■s. >-CROSS ACCESS DRIVE TYPICAL accessible PLANTING % PARKING STi -6'-0‘H. MAX. TRASH ^ THIS PROJECT- ♦36‘ H. PARKING LOT ADJACENT CITY PARKING landscape PLAN ENCLOSURE AND CONC. SCREEN WALL □2 . S TE PL7\N APRON TO MATCH COS □ 1 . VICINITY PLAT^im EX. C-3ADO MAG DETAIL 2146-1 3719N.75TH ST. a-1.0 SCOnSDALE, AZ 85251 APPENDIX B - BASIC ZONING ORDINANCE 1.403

K. Live entertainment. I. The applicant has provided and obtained City approval of a written Security and Maintenance Plan. 2. The applicant has provided written evidence that sound resulting from indoor live entertainment will be contained within the building, except where external speakers are permitted by Conditional Use Permit to allow indoor live entertainment to be heard outdoors. 3. The applicant has provided a lighting plan that addresses exterior lighting on the property, in accordance with Article VII. of the Zoning Ordinance and the Security and Maintenance Plan requirements. 4. The applicant has provided a floor plan which identifies the areas for the primary use and for accessory functions, including but not limited to areas for performances. 5. If the establishment is not in the Downtown Area, and access to the establishment is from a street other than one classified by the Transportation Master Plan as minor collector or greater, the applicant shall provide a traffic analysis which complies with the City's transportation guidelines. The traffic analysis shall demonstrate that the level of service on all streets accessed by the use meets the City's standards. 6. If the Zoning Administrator determines that a parking study is necessary the applicant shall provide a study which complies with the City's requirements. 7. The owner shall provide any additional information required by the Zoning Administrator to evaluate the impacts of the proposed use upon the area. 8. All building openings such as doors, windows and movable wall panels shall be closed but not locked, except as permitted by Conditional Use Permit. Doors and service windows may be opened temporarily to allow passage. 9. No external speakers used for live entertainment or outdoor live entertainment activities will be permitted on the premises of a use, which is located within five hundred (500) feet of a residential district shown on Table 4.100.A. 10. I'he owner and operator shall comply with all plans approved as part of the Conditional Use Permit. 11. All patron entrances shall be illuminated in accordance with the Building Code and the exterior lighting plans approved by the Development Review Board. 12. Noise generated from the live entertainment shall conform to the City's Noise Ordinance.

Resolution No. 10833 Exhibit 3 Page 1 of 1 Conditional Live Entertainment Use Permit Requests “Clayton Encore” of Scottsdale - Endless Possibilities

This is an application for a live entertainment use permit for the “Clayton Encore,” a reception center to be opened in downtown Scottsdale. This is a sister facility to The Clayton On The Park, an established reception center which celebrated its seven year anniversary on February 7, 2017. The new Clayton Encore Center will be owned and managed by the same principals who have operated The Clayton On The Park since it opened in 2010. During this time period. The Clayton On The Park also operated with a live entertainment use permit and has hosted over 400 events. Ownership is very proud that during this extended period of operation, we have an impeccable records with no complaints or police calls to our facility. The Clayton Encore will be located in a mixed use facility currently under construction and located at 3719 N. 75* Street. The location is across the street from the City of Scottsdale Courts facility and just east of Civic Center Park.

Clayton Encore will be a versatile facility with the ability to offer indoor and outdoor ceremonies and has creatively designed rooms for weddings, receptions, meetings and private parties. A catering kitchen will be included to allow for the on site preparation of food for the events. This will be a special facility offering brides and other clients a “Scottsdale” alternative to the hotel conference room experience. With the proximity to Scottsdale’s downtown amenities, we anticipate Clayton Encore will draw business from other parts of the Valley from people seeking a Scottsdale location for their occasion.

Sec. 10401 Concerns

1.The applicant has provided and obtained City approval of a written Security and Maintenance Plan.

Response The Public Safety Plan has submitted and approved by the Scottsdale Police Department. A copy of the approved plan is on file with the Police and Planning and Development Services Departments.

2. The applicant has provided written evidence tat sound resulting from indoor live entertainment will be contained within the building, except where external speakers are permitted by Conditional use permit to allow indoor live entertainment to be heard outdoors.

Response The Clayton Encore is an upscale venue servicing primarily weddings. Bar Mitzvahs and corporate meetings and events. The primary live entertainment uses will be held in the main reception room. The adjoining patio and entrances to this area are on the West side of our building fronting on 75* Street, which is directly across the street from the Scottsdale Police station and adjacent to Scottsdale stadium. We do not expect any smoke, odor, dust, vibration, or Uliunination affecting the surrounding areas. Noise from the facility will be limited to emanating from its west orientation, away from the other commercial offices in the area. Also, the type of noise must be evaluated in the context of the nature of the use, which is for upscale events. All windows are dual pane glass limiting noise coming from the interior space that can migrate to outdoor areas.

3. The applicant has provided a lighting plan that addresses exterior lighting on the property, in accordance vdth Article VII. Of the zoning ordinance and the Security and Maintenance Plan requirements.

ATTACHMENT 3 Response An exterior lighting plan was submitted and approved by the Development Review Board with case 1- DR-2016

4. The applicant has provided a floor plan which identifies the areas for the primary use and for accessory functions, including but not limited to areas for performances.

Response A complete Site Plan and Building Plan has been included with this application indicating the various uses.

5. If the establishment is not in the Downtown Area, and access to ±e establishment is from a street other than one classified by the Transportation master Plan as minor collector or greater, the applicant shall provide a traffic analysis which complies with the City’s transportation guidelines. The traffic analysis shall demonstrate that the level of service on all streets accessed by the use meets the City’s standards.

Response The establishment is in the Downtown Area.

6. If the Zoning Administrator determines that a parking study is necessary the applicant shall provide a study which complies with the City’s requirements.

Response The zoning administrator has not has not requested a parking smdy

7. The owner shall provide any additional information required by the Zoning Administrator to evaluate the impacts of the proposed use upon the area.

Response No additional information has been requested by the Zoning Administrator.

8. All building openings such as doors, windows and movable wall panels shall be closed but not locked, except as permitted by Conditional Use Permit. Doors and service windows may be opened temporarily to allow passage.

Response AH building openings such as doors, windows and movable wall panels shall be closed but not locked, except for doors that may be opened temporarily to allow passage, during live entertainment.

9. No external speakers used for live entertainment or outdoor live entertainment activities will be permitted on the premises of a use, which is located within five hundred (500) feet of a residential district shown on Table 4.100. A.

Response The property is within 500 feet of a residential district. No outdoor speakers for live entertainment, or outdoor live entertainment is proposed. 10. The owner and operator shall comply with all plans approved as part of the Conditional Use Permit.

Response The owner and operator wiU comply with ail plans approved as part of the Conditional Use Permit

11. All patron entrances shall be Uluminated in accordance with the Building Code and the exterior lighting plans approved by the Development Review Board.

Response The Development Review Board has approved an outdoor lighting plan in case, 7-DR-2016. In addition construction document have been submitted demonstrating compliance with the Budding Code, and permits have been obtained to construct the improvements

12. Noise generated from the live entertainment shall conform to the City's Noise Ordinance.

Response The owner and operator agree to comply with the City's Noise Ordinance. In addition. The owner and operator agree to comply with the following additional provision to mitigate noise generated from live entertainment: Noise generated from live entertainment, including any speakers or other amplification equipment, shall not exceed 68 decibels at a distance of one hundred fifty (150) feet measured horizontally in any direction from the property line of property. )lariniffq;hotes fiRliiateajeolstKQctiOil ?liieABLEe0BE business/assembty/storage 2012 international building code Sight distance triangles shall be shown on linal plans tor All signs require separate permits and approvals. occupancies:primary uses: 1 hr. rated demising walls. 2 hour area separations 2012 international mechanical code driveways trom commercial sites and any intersections. No exterior vending or display shall be allowed. B. A-2.S-1 interior finishes (per table 803.5) corridors classB 2012 international fire code Area within the safety triangle is to be clear ot landscaping, All exterior mechanical, utility, and communication rooms + end. (per table 803.9) class B (occ. load > 300) 2012 international energy conservation code signs, or other visibility obstructions with a height greater equipment shall be screened to the height ot the tallest unit construction type than ii feet. Trees within the safety triangle shall be single automatic sprinkler system provided 2011 national electric code by parapet or screen wall that matches the architectural allowable area (building t.A-2) 18,000 sq. ft. 2012 international plumbing code trunk and have a canopy that begins at 8 feet in height upon portable fire extinguishers required color and architectural llnish of the building. Ground area (building 1) 14,646 sq.ft, 2009 international code council / american national installation. All heights are measured trom nearest street line smoke/heat vents (per seel. 910.2) not required elevation, mounted mechanical, utility, and communicatiort equipment allowable area (building 2+3, B, S-i) 27,000 sq. ft. standards institute a1 17.1 accessibility code shall be screened by a screen wall that matches the area (building 2+3) 8,216sq.ft, 2010 americans with disabilities act acessibility guide Temporary/Security Fencing that is required or is optionally architectural color and architectural tinish ot the building, allowable height 1 story design and construct to meet requirements of. o o provided shall be in accordance with the Zoning Ordinance which is a minimum of V-0" higher than the highest point of actual height 1 story Seismic zone c, 90 mph windspeed, exposure c. (N CN and the Design Standards and Policies Manual. tallest unit. ilteetiihiatilmSI I The temporary/securlty fence location shall not be modified All equipment, utilities, or other appuienances attached id Structural trame (type 5-B construction) Dh or the temporary/security fence shall not be removed the building shall be an integral part of the building design in bearinginterior walls (type 5-B construction): this preied consists of a renovation to three existing, without the approval ot the Planning and Oevelopmem terms ot form, color and texture. adjacent structures info a mixed use development, the exterior Services' inspection Services Division, No exterior visible ladders shall be allov/ed. existing pre-lab steel building will be re-roofed with new CO All rights-of-way adjacent to this property shall be perimeter walls / sforefroni, a new patio area and cover Allheight. pole-mounted lighting shall be a maximum ot 20 feet in non-bearing walls (type 5-B construction): landscaped and maintained by the property owner. interior (occ. sep. A-2:B per table 508.4) will flank the western end. the block of the existing west o exterior (occupancy B, separation X < 5fi.) buildings will be exposed with new storefront entries and floor construction (type 5-B construction) courtyard to the north, the parking area will be upgraded with new landscape, as well as the street scape. roof constfuciion (type 5-B construction) 2ND STREET SECTION 26. TOWNSHIP 2N. RANGE 4E

SIGHT VISIBILITY STEPS AND -FOUR BICYCLE RACKS PAVER WALKWAY WALLTYP.+36* H.SITE PROPERTY ADDRESS; 3719 N. 75TH ST., SCOTTSDALE, AZ, 65251 PER COS DETAIL 2285 NEW CORNEFt CURB ______/ J_Rl^LE^5]_ ACCESSIBLE RAMP EXISTING ZONING C-3 DO RAMP TO MATCH COS BUILDING 1 W/ MEZZ. (ASSEMBLY / OFFICE) 16.793 S.F. BUILDING 2 (OFFICE) 3,850S.F, MAG DETAIL 2234 NEWS'SIC WALK 161.42' SoW BUILDING 3 (OFFICE) 4,366 S.F, BUILDING 1 MECH. MEZZ. 1,211 S.F. PROPOSED PATIO 5.422 S.F. BUILDING AREA TOTAL 25,009 S.F, (27,752 UNDER ROOF) OCCUPANCY TYPE A-2 (ASSEMBLY).B (BUSINESS) REMOVE EXISTING SIGHT VISIBILITY CONSTRUCTION TYPE V-B (SPRINKLERED) SIDEWALK AND CURB COURTYARD TRIANGLE (S=240', MAXIMUM HEIGHT 36'-0' (MECHANICAL EXCLUDED) CUTS AND REPLACE 25 MPH) ACTUAL HEIGHT 26'-9‘ WITH NEW WALKWAY6'-0'WIDE 1MAX. APN 130-24-0050 CO STE ANDSCAPELPLANTER SITE AREA (NET) 55,348 S.F. OR 1.27 ACRES SITE AREA (GROSS) 69.645 S.F. OR 1.6 ACRES GROSS f’lOOR ^E s )EPT. CONN. ------\REA RATIO (GFAR) 25,009/69.645=0,359 E /HIS RROOM EX. PKG. REQ'D:(13.500/800 + 10,716/300)=52.59 SPACES .a FINISH+T-6'EXISTING FLOOR EX. PARKING PROVIDED: 20 SPACES 3 PARKING VARIANCE (85-BA-1980) -9 SPACES e/9 EXISTING FLOOR PROP. PKG. REO'D BUILDING 1 (14646/300) = 48.82 spe's PROP. PARKING REO'O BUILDING 2&3 FLOOR'-6‘ FINISH II FINISH +0'-0' (6042/300 + 2147/600) = 22,01 SPC'S (71,63-52.59) = 19.04 DIFF. PR0P:EX. + (6 CONFORM EXISTING + u I BUILDING 2 9 VARIANCE = 34,04 - 9 VARIANCE) = 26 SPACES PURSUANT TO BUILDING 3 SECTION 9.104.H.2.C OF SCOTTSDALE ZONING ORDINANCE EXlC-SrOO EX. C-3/DO PARKING REO'D TOTAL 26 SPACES (2 ADA) PARKING PROVIDED 33 SPACES (2 ADA) BIKE PARKING REQUIRED 26x10% =2 BIKE PARKING PROVIDED RELOQATED NEWTR* .^ECjjUIALc \l NSFORMER LOCATION. [service +36' H. S1TE[- BYDUNIPAINT '0 IVE COURT'DEA174 EDWARDS TO MATCH WALL, TYP.| BUILDIN

FIRE DEI T. RN RADIUS SIGHT VISIBILITY TRIANGLE (S=240', 25MPH) CURB-COORDINATEISTING ELECTRICAL 30'-0‘X 40’-0' CROSS TES ACCESS AGREEMENT ACCESSIBLE ROUTE #2015-156-C0S, TYPICAL PARALLEL EXISTING PAVING TO PARKING STALL REMAIN TO MAINTAIN RESOLUTION #10160 NTEI LNCE EASEMENT TYPICAL 90 DEGREE HISTORIC DRAINAGE tSTAVE MAINS NEW DRIVEWAY RAMP -0- PARKING STALL FLOW PATTERN LANDSC PE AREA-PLANTING TO MATCH COS MAG S TO SORE N TRANSFORMER ON 1ST ST. CIVIC PARK DETAIL 2256 g THREES"""""DES. FOURTH SIDE TO “ REMAIN :LEAR FOR ACCESS

Enhanced landscapeV ACROSS ACCESS DRIVE TYPICAL ACCESSIBLE PLANTING^ 6'-0'H. MAX. TRASH ^ PARKING ST ENCLOSUREANDCONC. THIS PROJECT +36'H. PARKING LOT ADJACENT CITY PARKING LANDSCAPE PLAN proiect info. SCREEN WALL APRON TO MATCH COS □ 1 . VICINITY PU\N EX. C-3/D0 □2 . SITE PU\N MAG DETAIL 2146-1 3719N.75TH ST. a-1.0 SCOTTSDALE, AZ 85251 J2 Engineering and Environmental Design, LLC 4649 E. Cotton Gin Loop Suite B2 Phoenix, Arizona 85040 Phone: 602.438.2221 m Fax: 602.438.2225 To: Tom Frenkel Date: June 16, 2017 Clayton Companies

From: Jamie Blakeman, PE, PTOE

Job Number: 17.1031.001 JAMIE ANN K. BLAKEMANa

RE: Clayton Encore Parking Management Plan

INTRODUCTION J2 Engineering and Environmental Design (J2) has prepared a Parking Management Plan for the proposed Clayton Encore development located on the southeast corner of 75^^ Street and 2"'* Street in Scottsdale, Arizona. The proposed development is bound by 2"‘* Street to the north, and 75*^ Street to the west. See Figure 1 for the vicinity map.

The objective of this plan is to address how parking for the proposed Clayton Encore will be managed for events varying in size, time and day, and clientele. ■*’ g '*11.' ,, EXISTING CONDITIONS The existing development is currently zoned for ^ ' E?" ■ Highway Commercial (C-3) Downtown Overlay '.Amu, (DO) land uses. Across 2"'* Street to the north are residential and office uses, including the MPB Office Plaza. Directly south of the proposed development is the Scottsdale Justice Center parking lot which services the City Court Building and Police Station located to the west, across M:: 75*^ Street. East of the proposed development is 'Osuorn RoafP 'It "£r!l an office complex. Figure 1 - Vicinity Map

ATTACHMENT 3A Page 2

■=SsI>r STUDY ROADWAY SEGMENTS The existing roadway segments within the study area include 75*^ Street, 2"'^ Street, and Miller Road.

Z"** Street is currently an east-west roadway adjacent to the proposed development. There is one lane U.I'Ij: provided for each direction of , parking is permitted on the north side ig[i sr s’ss and segments of the south side of 2"'' oa , sm PLAN ..k.' Street between ys^*" Street and Miller Road, and there is an unposted speed Figure 2-Site Plan limit of 25 miles per hour (mph). West of 75'^ Street, 2nd Street serves as a driveway to the library garage, and approximately one-quarter mile east of 75*^ Street, y"'* Street terminates with a cul-de-sac.

75*'’ Street is a north-south roadway adjacent to the proposed development. There is one lane provided for each direction of travel. Angled on-street parking is provided on the west side of 75*'’ Street north of 2'’*' Street. There is a posted speed limit of 25 mph. Approximately 450 feet south of 2"'* Street, TS*** into the parking lot for the Scottsdale Stadium.

Miller Road is a north-south roadway and provides two (2) lanes per direction of travel north of 2'’'* Street, and one (1) lane per direction of travel, south of 2"** Street. The 2016 City of Scottsdale Master Transportation Plan categorizes Miller Road as a minor collector. The 2014 Average Daily Traffic (ADT) volume along Miller Road from Osborn Road to Indian School Road is 12,600 vehicles per day. There is a posted speed limit of 35 mph.

PROPOSED DEVELOPMENT The three (3) buildings located on the existing site are anticipated to be renovated. The main building is 16,793 square feet and will primarily be utilized to host private events, such as weddings, receptions, and meetings. A catering kitchen will also be included. A 5,422 square foot patio will be located just west of the main building. To the east, two (2) buildings, 3,850 and 4,366 square feet in size, will be utilized for office uses. See Figure 2 for the site plan. Pi Page 3

EVENTS The proposed Clayton Encore development will host similar events as the existing The Clayton on the Park, located at 7343 E. Scottsdale Mall. These events typically include;

• Weddings and Mitzvahs Weddings, and Bar and Bat Mitzvah's are typically held seven times a month with an average of 225 guests. These events are typically held on weekend evenings.

• Destination Management Company (DMC) Events A Destination Management Company is a professional services company possessing extensive local knowledge, expertise and resources, specializing in the design and implementation of events, activities, tours, transportation and program logistics. A DMC acts as an extension of a company and office logistic services including transportation, hotel accommodation, restaurant activities, excursions, and themed events and galas. DMC events typically occur once a month varying between 250 to 600 guests and typically occur on weekend evening.

• Other Events Clayton Encore may also hold less frequent events such as proms, corporate meetings, holiday parties, charity galas and fundraisers, and milestone and award dinners to name a few.

SPECIAL EVENT VENUE PARKING TRENDS Critical to providing a Parking Management Plan for the proposed Clayton Encore development begins with a clear understanding of the parking demands for this venue. Because this is the second venue of this type by the same developer, the parking needs and transportation choices of guests are based on seven years of experience successfully operating and managing the parking demand of The Clayton on the Park venue.

Convenientiy Located Located in the heart of Downtown Scottsdale, the proposed Clayton Encore development is located within close proximity to nearby hotels including the W Scottsdale, Hyatt House Scottsdale/Old Town, Hyatt Place Scottsdale/Old Town, Scottsdale Marriott Suites, Hilton Garden Inn Scottsdale Old Town, Hotel Valley Ho, The Saguaro Scottsdale, Courtyard by Marriott Scottsdale Old Town, and Comfort Suites Old Town Scottsdale.

It is anticipated that many of the attending guests attending events at the proposed Clayton Encore will be staying in Downtown Scottsdale hotels. The proposed development's location promotes and encourages alternative modes of travel including utilizing the Scottsdale Trolley, taxi, and / services. See Figure 3. ® ♦ I ihtt-

i; 5- cJ: Os 3 <0

T| CO 1 05 Page 5

Carpool Guests of events often carpool with family and friends. The Clayton on the Park events see on average two (2) to four (4) guests arriving in a single vehicle.

Scottsdale Trolley The City of Scottsdale operates five trolley routes. The Scottsdale Trolley is a free, year-round, shuttle for visitors, tourists and residents that operates seven days a week. The Neighborhood Route provides a trolley stop at 2"'^ Street and Drinkwater Boulevard, which is less than 700 feet from the proposed Clayton Encore development. This route runs every 20 minutes from 6:30 am to 9:00 pm. See Figure 4.

Uber, Lyft, and Taxi Services Figure 3 - Neighborhood Transit Route Taxi and most recently Uber and Lyft services are transforming the way people travel, live and socialize. Uber and Lyft specifically have becoming a growing alternative for transportation to and from night life events. The Clayton on the Park surveyed guests at various events in 2016, on average 25% to 35% of event guests utilizing these services. See Attachment A.

Valet Services Clayton Encore will make available valet services for all events at the proposed site. American Valet will be the valet company serving the proposed development. This is the same company that has successfully operated the events for the past seven years at The Clayton on the Park.

Destination Management Company (DMC) Events DMC events are group events organized by DMC companies that provide transportation services. These guests typically stay at the same hotel and are bussed or shuttled to and from the event venue. Page 6

PARKING ACCOMODATIONS Located in Downtown Scottsdale, in addition to on-site parking, there are off-site private parking, on­ street public parking, and off-site public parking within walking distance from the proposed Clayton Encore. Additionally, a private off-site parking arrangement has been secured for overflow parking.

For events requiring the use of private of public off-site parking, Clayton Encore will work closely with the event coordinator and provide parking maps and inserts to be sent out with event invitations.

Private On-Site Parking Through the approval of this event parking management plan, Clayton Encore is requesting approval to provide 33 parking spaces on site for the proposed development. With valet services this lot can accommodate 59 parked vehicles. See Attachment B for the valet layout.

Private Off-Site Parking - Clayton Companies Clayton Companies also owns two other nearby parking lots. One is located on the north side of 2"'^ Street directly across the proposed development at 7520 E. 2"“^ Street. This lot has a total of 21 marked parking spaces and with valet services can accommodate 38 parked vehicles. Just north of this lot is a second Clayton Companies parking lot located at 7521 E. 1^* Street, which has 12 marked parking spaces and with valet services can accommodate 21 parked vehicles. These private off-site parking spaces are available for Clayton Encore use after 5:00 pm Monday through Friday and all day Saturday and Sunday. See Attachment B for the valet layout.

Public On-Street Parking On-street parking is available along 2’'^ Street just north of the proposed development. There are approximately 20 unmarked parking spaces available. Additionally further north are on-street parking spaces along 75^'' Street, 1^^ Street and Main Street, providing approximately 57, 20, and 30 parking spaces.

Public Off-Site Parking There are four nearby public parking facilities. The Justice Center parking lot is located just south of the proposed Clayton Encore has 182 parking spaces, the Library garage located less than 400 feet west has 685 parking spaces. City Hall located approximately 700 feet north has 98 parking spaces, and One Civic Center located approximately 1,000 feet north has 108 parking spaces. These parking facilities are available for public parking uses.

Private Off-Site Overflow Parking - Our Lady of Perpetual Help Our Lady of Perpetual Help (OLPH), located approximately 500 feet to the east of the proposed development, has agreed to allow Clayton Encore to utilize their parking lot for overflow parking as needed for large events. See Attachment C. Our Lady of Perpetual Help consists of 198 parking spaces. Page?m Our Lady of Perpetual Help's Office is open Monday through Thursday between 8:00 am and 6:00 pm, and the on-site school's operating hours are Monday through Thursday 8:00 am to 3:00 pm, and on Friday's 8:00 am to 1:00 pm. The office and school utilizes on average 164 parking spaces, leaving 34 On Sundays there are five masses. Therefore, this facility offers off-site parking spaces for Clayton Encore use after 5:00 pm Monday through Friday and all day on Saturday.

See Table 1 for a summary of the on-site and off-site parking. See Figure 5 for the on-site and off-site parking locations. Table 1 - On-Site and Off-Site Parking

Location Parking Spaces S M T W T F S On-Site On-Site - Clayton Encore 33/59 valet •• • • • • • Clayton Co (7520 E. 2nd Street) 21/38 valet 66/118 valet 9 9 9 9 Private Off-Site • e • Clayton Co (7521 E. 1st Street) 12/21 valet • o 9 9 9 9 • Justice Center Lot 182 • 0 9 9 9 9 • Library Garage 685 • 9 9 9 9 9 Public Off-Site 1073 • City Hall Parking Lot 98 • O 9 9 9 9 • One Civic Center Parking Lot 108 • 9 9 9 9 9 • Private Off-Site Our Lady of Perpetual Help 198 198 O 9 9 9 9 9 • TOTAL 1480/1532 valet •Available All Day ©Available Afternoon/Evenings ONot Available 57 On-Street __21 Unmarked Parking Spaces Parking Spaces 9 Striped Parking Spaces

-.^-TT------■. m’ jSS*^ *

168 Spaces m a wfw . 98 ^ Spaces mm m2i li^MJ■s.M»s*.4S4aBuJ!L^ m |l.ll 683 :4r

► t1 'fSXip^^^n Mm^ 21 Spaces (3r*Valet)t

ESRImKls:.. ilOfef ix Legend C □ Clayton Encore Site tl □ Private Off-Site

C □ Public On-Street -()•"•■., rjr./cr.rj HSC^D "O'c t'jy '-M >V2I Parking Locations Figure 5 CI 3 Public Off-Site .«* .'■■.i-i (jc ..^ PROJECT NO 171031 DRAWN BY TG I DATE JUN2017 CHECKED BY JB Page 9

PARKING ANALYSIS As previously described, the Clayton Encore will host special events, which result in unique parking demands. The following is an analysis of the parking demands for typical and anticipated events.

Weddings and Mitzvahs During a typical wedding or mitzvah, an average of 300 guests is anticipated. With the growing popularity of ride-sharing, Clayton Encore anticipates approximately one-third of the guests arriving and departing utilizing a ride-sharing method, such as Uber, Lyft, or a taxi service as it the case at The Clayton on the Park. As a conservative approach for this study, it is assumed that 30% of the guests will utilize a ride-sharing method of transportation.

Additionally, for the remainder of the guests, due to the nature of these events, families and friends typically carpool. At The Clayton on the Park venue, vehicles have been observed carrying on average two (2) to four (4) guests in single vehicle. Therefore, conservatively, two (2) passengers per vehicle were assumed. See Table 2.

Table 2 - Wedding and Mitzvah Parking Demand

Total Guests Transportation Method Guests Parking Demand Uber/Lyft/Taxi 30% of Guests 90 0 300 Remainder of Guests Carpool 210 105 2 per vehicle TOTAL 105

Based on the provided data from Clayton Companies, 105 parking spaces would be required for guests during a typical wedding or mitzvah event that will be hosted at the proposed development. Page 10

Destination Management Company (DMC) Events DMC events are anticipated to occur on average once a month and vary between 250 to 600 guests. These guests are typically shuttled or bussed to the event. Shuttle typically have a capacity of 16 to 30 passengers and buses have a capacity of 50 to 60 passengers. Therefore, as a conservative estimate 600 guests were assumed attending the event with 12 passengers via shuttle, or 40 passengers via . See Table 3.

Table 3 - DMC Event Parking Demand

Total Guests Transportation Method Parking Demand 600 Shuttle 12 passengers per shuttle 50 TOTAL 50

600 Bus 40 passengers per bus 15 TOTAL 15

Based on the assumptions above, if the shuttles or buses were to remain parked during the event, a total of 50 shuttle parking spaces would be required or 40 bus parking spaces. See Attachment D for the shuttle and bus plan for DMC events.

Other Events Other less frequent events include proms, corporate meetings, holiday parties, charity galas and fundraisers, and milestone and award dinners to name a few. These events can range in size and transportation methods. For the purposes of estimating potential parking demand a 600 guest event was assumed, with 20% of the guests will utilizing a ride-sharing method of transportation and the remaining guests carpooling with 1.5 passengers per vehicle. See Table 4.

Table 4 - Other Event Parking Demand

Total Guests Transportation Method Guests Parking Demand Uber/Lyft/Taxi 20% of Guests 120 0 600 Remainder of Guests Carpool 480 240 1.5 per vehicle TOTAL 240

Based on the assumptions above, 240 parking spaces would be required. This is believed to be a very conservative parking demand calculation. Page 11

PARKING MANAGEMENT PLAN The following is the parking management plan for typical and anticipated events that will be held at the proposed Clayton Encore development.

Weekdays Prior to 5:00 pm Occasionally Clayton Encore will host events on weekdays prior to 5:00 pm. With weddings and mitzvah as the primary and most frequented events anticipated to be held at the proposed Clayton Encore, there is a parking demand of 105 vehicles. See Table 2. As mentioned previously, valet is offered for all events. Therefore, for an event occurring on a weekday prior to 5:00 pm, Clayton Encore will require valet services be provided. Therefore the on-site parking and the parking provided at the two private Clayton Companies off-site lots will accommodate all vehicles.

In the rare occasion where more than 300 guests are anticipated, Clayton Encore will work closely with OLPH to meet the remaining parking demand.

Weekdays After 5:00 pm and Weekends The majority of Clayton Encore events are anticipated to be held on weekdays after 5:00 pm or on weekdays. A typical event is anticipated to have a parking demand of 105 vehicles, and a large event is anticipated to have a parking demand of 240 vehicles. Events held on weekdays after 5:00 pm or on weekends have numerous parking options:

On and Off-Site Private Parking • Without valet services, 66 vehicles can self-park on-site and at the two private Clayton Companies off-site parking lots. With valet services 118 vehicles can be accommodated on these three sites. • Our Lady of Perpetual Help has 198 parking stall. However, these parking stalls are not available on Sundays. Off-Site Public Parking • The Justice Center parking lot adjacent to the proposed Clayton Encore can accommodate 182 vehicles. • The Library garage to the west contains 685 parking spaces. • The City Hall parking lot can accommodate 98 vehicles • The One Civic Center parking lot contains 108 parking spaces.

During Scottsdale Stadium and Scottsdale Civic Center Events Scottsdale Stadium is home of the San Francisco Giants during Spring Training, with games occurring each year between the end of February, and the beginning of April. Games are generally held in the afternoon, with occasional evening games. Scottsdale Stadium also hosts other events throughout the year, including the Arizona Fall League, concerts, and festivals. Page 12

When large events are held at the proposed Clayton Encore during Scottsdale Stadium or Scottsdale Civic Center events, public off-site parking will be discouraged in an effort to preserve these parking spaces for Scottsdale Stadium patrons. This Instead, valet services will be provided and the private off-site overflow parking at Our Lady of Perpetual Help will be utilized.

During these times the parking strategy will be similar to weekdays prior to 5:00 pm.

During Old Lady of Perpetual Help Masses and Events The use of the OLPH parking lot is not available on Sundays since there are five masses held. During Sunday events held at Clayton Encore, the on-site parking and the parking provided at the two private Clayton Companies off-site lots will accommodate the parking for a typical event. For a large event held on Sundays, the off-site public parking garages are also available.

During the weekday masses are held prior to 5:00 pm. Therefore, the parking strategy will be similar to weekdays after 5:00 pm and weekends.

Clayton Encore is aware that other OLPH events occur on specific days and times and will work hand in hand obtain permission with OLPH for any event that may require overflow parking.

On-Street Parking and Residential Neighborhood Parking Clayton Encore has provided a Parking Management Plan that can accommodate the necessary parking for all events held at this venue during various times of the week as well as during other nearby large event times. For all scenarios the parking provided more than adequately accommodates the parking demand. The use of on-street parking as well as parking within the adjacent neighborhood will be discouraged. As part of the parking maps and inserts to be sent out with event invitations, a note will also be included discouraging on-street and neighborhood parking. Clayton Encore will work closely with the event coordinator to assure that the parking plan is communicated effectively with all guests. Attachment A - The Clayton on the Park

Ride Share Survey Data 2017 EVENTS: 01/01/2017 to 06/17/2017

% OF GUESTS THAT # OF GUESTS THAT DATE EVENT GUEST COUNT USE RIDESHARE USE RIDESHARE 1/14/2017 Maya Schwedt's Bat Mitzvah 120 15% 18 1/19/2017 Phoenix Children's Hospital Meeting 50 15% 8 1/21/2017 Allison + Leo Wedding 136 48% 65 1/25/2017 PHX Business Journal 300 15% 45 1/27/2017 NYU Awards Dinner 92 15% 14 1/28/2017 Danielle + Wu Wedding 115 48% 55 2/4/2017 Liz + Greg Wedding 85 48% 41 2/6/2017 Phoenix Art Museum Reception 60 15% 9 2/10/2017 Courtney + Gavin Wedding 134 48% 64 2/11/2017 Ashley + Patrick Wedding 110 48% 53 2/17/2017 Alexa + Dylan Wedding 118 48% 57 2/18/2017 Hailey + Ben Wedding 142 48% 68 2/23/2017 One Arizona Dinner 180 25% 45 2/24/2017 Candace + Nic Wedding 127 48% 61 2/25/2017 Kacy + Chris Wedding 105 48% 50 3/4/2017 Plattner B'Nai Mitzvah 177 15% 27 3/5/2017 Caitlin + Nicholas Wedding 55 48% 26 3/10/2017 Katie + Steven Wedding 138 48% 66 3/11/2017 Gillian + Lee Wedding 101 48% 48 3/18/2017 Jennifer + Lance Wedding 110 48% 53 3/25/2017 Katie + Nick Wedding 105 48% 50 3/26/2017 Katie + Mark Wedding 98 48% 47 4/1/2017 Jaraka + Dan Wedding 91 48% 44 4/2/2017 Mihal + David Wedding 91 48% 44 4/7/2017 Southridge Prom 100 5% 5 4/7/2017 DC Davis A Healthy Aging Brain Lunch 80 15% 12 4/8/2017 Barrett Honors College Formal 300 15% 45 4/14/2017 Brittani + Anthony Wedding 92 48% 44 4/18/2017 Brighton Jones Corp Meeting 50 30% 15 4/21/2017 Creighton Grad Dinner 126 15% 19 4/22/2017 Cody + Jamie Wedding 80 48% 38 4/28/2017 Kristie + Rich Wedding 145 48% 70 4/29/2017 Cortez Prom 300 15% 45 5/5/2017 Sophia Quincinera 98 15% 15 5/6/2017 Julia + Anthony Wedding 133 48% 64 5/11/2017 HubSpot Meeting 75 48% 36 5/20/2017 Tom + Jennifer Wedding 92 48% 44 6/10/2017 Annie + David Wedding 148 48% 71 6/17/2017 Scottsdale Honor Health 150 15% 23

4809 33% 1604 Attachment B - Clayton Companies Properties

Valet Layout WilfcFiWIiIilblillIJil general lirrutations tire protection rating applicable codes CONSTRUCnONTYPE SIGHT DISTANCE TRIANGLES SHALL BE SHOWN ON f INAL PLANS f OR DRIVEWAYS FROM S B STRUCTURAL FRA.V.E ;TrPE 5 B. OHR ZOI S INTERNAllONAL BUILD'NC COI'I COMMERCIAL SITES AND ANY INTERSEaiONS ARE A WITHIN THE SAfETY TRIANaE IS TO BE QEAR ALL SIGNS REQUIRE SEPARATE PERMITS AND APPROVALS. ALLOWABLE AREA (BUILDING I: A-Z) laooo Sf. BEARING WALLS (TYPE 5-B CONSTTTUaiONl ZOl S INTERNATIONAL MECHANICAL CODE OHR ZOl 5 INTERNATKDNAl FIRE CODE Of LANDSCAPING SIGNS. OB OTHER VIStBILITY OBSTRUaiONS WITH A HFlOIT GREATER THAN 1 5 NO EXTERIOR VENDING OR DISPLAY SHALL BE ALLOWED. ACTUAL AREA (BUILDING I) HM6SF. INTERIOR FEET. TREESWITHIN THE SAfETY TRIANaE SHALL BE SINaE TRUNK AND HAVE A CANOPY THAT ALLOWABLE AREA (BUILDWGS Z«: 8. S-l) Z7.000S/. EXTERIOR 0 HR ZOIS INTERNATIONAl ENERGY CONSERVATION COOE ALL EXTERN^) MECHANICAl. UT1UTY. AND COMMUNICATION EOU1PMNT SHALL BE SCREENED TO BEGINS AT 8 FEET IN HEIGHT UPON INSTALLATION. ALL HEIGHTS ARE MEASURED FROM NEWEST ACTUAL AffiA (BUILDINGS ZM) aZ16 Sf. NON-BEARING WALLS (TYPE S-B) ZOIS INTERNATIONAL GREEN CONSTRUaONCOOE THE HEIGHT OF THE TALLEST UMT BY PARAPET OR SCREEN WAU THAT MATCHES THE STREET Lite ELEVATION. ALLOWABLE HEIGHT 1 STORY INTERIOR (OCC. SEP. A-3; B PER 508-4) 1 HR Z014NATIONAL ELEaiOCCOOE ARCHITECTURAL CaOR AND ARCHITECTURAL FIFHSM OF THE BUILDING. GROUND MOUNTED 1 HR ZOIS INTERNATIONAL PLUMBING CODE TEMPORARY/SECURITY FENCING THAT IS REQUIRED OR IS OPTIONALLY PWJVdED SHALL BE IN ACTUAL HEIGHT 1 STORY EXTERlOR(OCC8,S£PARAIIONX

I 30 24-088 .30- LO. SITE AREAINETI 55,348 Sf. OR 1.27 ACRES SITE AREA (GROSS! 69,645 S.F. OR 16 ACRES fiiTiTiriiitt GROSS FLOOR AKA RATIO (GFAR) 26.797/69A45=0.38S (DANCE HALL & STORAGE) — R.T.U, • SEE MECHZ EX PKG.R£Q’D-(13,500/800-^10,716/300)^259SPACES EX PARKING F>ROVIDEO: 20 SPACES PARKING VARIANCE (A85-BA-1980) -9SPACES PROP. PARKING RECTD BUILDING 2&3 (6042 / 300 2147 /800] = 2241 SPACES (7163-52.59)=1904 D1FF. PBOPf X-t-(6 CONFORM EX 4 9 [ex.M^CH.YARDON VARIANCE = 34.04 - 9 VARIANCE)= 26 SPACES R.T.U. - PURSUANT TO SeaiON 9.104.H,2.C OF SCOTTSDALE SEE MECH. ^’MEZZANINE BELOW ZONING ORDINANCE EX. MECH. UNIT, TYP, ^ PARKING REQUIRED TOTAL 26 SPACES (2 ADA) EX.'BUILDING^ PARKING PROVIDED 33 SPACES (2 ADA) BICYCLE PARKING REQUIRED 26 x 10% PARKINT. PROVIDED ~ I " EX.C-3DO __ MOCHFICATtONS TO PARKING CALCULATIONS EX, ROOF PKG. HEQ'D BLDG 1 = (1,788 5.F, ADCCD TO STORAGE) (1,78a(»00) = 2f4 SPACES TOf^MAIN __ PKG. H£QD BLDG 2&3= (778 Sf. ADDED TO DANCE •9 HALL & REMOVED FROM STORAa) (778/300-778/800! =162 SPACES ' EX, ROOF TO REMAIN i' R.T.U. - SEE MECSZ TOTAL ADOn SPACES REQ-D. 3.86 SPACES t TOTAL SPACES REQUIRED 30 SPACES (2 ADA) 1 TOTAL SPACES PROVIDED 33 SPACES 17 ADA) ‘ EX. "BUILDING 2" EX. PARAPET — EX. C-3 00 MlllllunRIIIIIlWlllllllllS HR. RATED AREA SEPARATIONS EX. "BUILDING 1 INTERIORCORRIDORS FINISHES (803.11) CLASSCLASSB B EX.C-3 DO PROVIDED ROOMS ♦ ENCLOSURES REQUIRED AUTOMATIC SPRINKLER SYSTEM PORTABLESMOKE/HEATVENTS(910.2) FIRE EXTINGUISHERS NOT REQUIRED

TRANSFORMER PRIMARY USES: BUSINESS / ASSEMBLY / SIORAW OCCUPANCIES B, A 3, S-l

ACCESSIBLE WALKWAY EX, STEEL CANOPY EX.TRASH EX. 30” X 40' ENCLOSURE ACCESS AG

36- H.SITE WALL, TYP.

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Overflow Parking Agreement Attachment D - Shuttle and Bus Plan

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16-45 Google Earth Pro lmagery|j m Clayton Encore 5-UP-2017 OPEN HOUSE MEETING

Wednesday, March 08, 2017

Re: Live Entertainment Conditional Use Permit 991-PA-2015 Clayton Encore C o 3719 North 75'*' Street o-a Scottsdale, AZ 85251 a> CO 5’ 5' Meeting Minutes: ® CO a-CL ® m tn in • An open house meeting was held at the Clayton Companies office at 7340 E. Main St. #200, to lo Scottsdale, AZ 85251 on Tuesday. March 07, 2017 at 5:00 P.M. 3 3 (i> in • Tom Frenkel (owner), Brian Krob (architect) and Jeff Graham (architect) greeted Miriam Frend and ^ ct c c Q-a Susan Sutton as they walked in shortly before the scheduled time of 5:00 P.M. • Susan mentioned that her business partner would be joining us so we waited a few minutes before O o o b starting the presentation. o o 33 • At 5:06 Susan mentioned that we didn’t need to wait for her business partner so Tom Frenkel began the presentation. • Two presentation boards (24”x36”) were displayed in the room with a floor plan and two perspective renderings of the project that is now under construction. • Tom explained his history of building and developing properties in the area and specifically his history 03 with a venue space on the Scottsdale Civic Center Mall called Clayton on the Park, noting that it has C m °* operated for close to ten years without complaints or the police ever being called for noise violations. (D . As Tom was finishing his presentation around 5:20, Mike Rohan joined the meeting. I? Susan mentioned that her company is very close to the site, and the construction sometimes causes li enough noise to disrupt filming. U ^ 03 CO • Tom and Brian reassured the neighbors that they can call Tom or the general contractor to have O O construction noise reduced, or stopped for reasonable periods of time to allow their business to CD ro CD Si function properly. O CD • This led both Miriam and Susan to ask when the construction would be completed, and both Brian and 03 nj O 01 Tom estimate that it will be complete by late Fall of 2017. CD CD CD CD • Susan and Miriam both expressed concern over the potential noise from live music and Tom mentioned that the events are largely weddings with small bands, d.j’s or string quartets that will most often be indoors and playing after regular business hours. If any live music is outside it will be in specific NJ areas of the patio that are facing towards the park and police station and after business hours. CO • Some discussion regarding the size of the venue, amount of parking and details of the building occurred a CD for a few minutes and the meeting concluded around 5:50. 03 cn • Tom Frenkel and Jeff Graham handed out business cards so they could contact us if they have further (fl rf questions or concerns. 03 «^Q3 et — Sincerely, Cfl D a Jeff Graham Qj W — Project Manager, Aline Architecture Concepts • CD 7340 East Main Street #210 5? Scottsdale, AZ 85251 48a273-4233 [email protected] ATTACHMENT 5 01-*S'" -»o Community Input Certification

CASE NO: Pi'2'^/S

PROJECT LOCATION: 7? /l 1^- S'^'

COMMUNITY INPUT CERTIFICATION

In the City of Scottsdale it is important that all applicants for rezoning, use permit, and/or variances inform neighboring residents, affected school districts, and other parties that may be impacted by the proposed use, as vi/ell as invite their input. The applicant shall submit this completed certification with the application as verification that such contact has been made.

TYPE OF CONTACT

DATE NAME (Person, Organization, Etc. and Address) Meeting Phone Letter

p-ifA 5-1-17 f^vjbaA S'l-y?

-----1

Signature of owner/a^licant Date

Planning, Neighborhood & Transportation Division 7447 E Indian School Road, Suite 105, Scottsdale, AZ 85251 ♦ Phone; 480-312-7000 ♦ Fax; 480-312-7088

Community input Certification Page 1 of 1 Revision Date13-Jan-2010 (ncurtis) ^,186;

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From: Susan Sutton Sent: Thursday, May 11, 2017 1:41 PM To: Projectinput; Bloemberg, Greg; [email protected]; Acevedo, Alex Subject: CASE # 5-UP-2017 -3719 N 75th St Clayton Encore

CASE # 5-UP-2017

To the City of Scottsdale Planning and Development Services,

As the next door of Clayton Encore; our main concern rests with liability issues when transforming a private drive to a public access/exit point.

There appears to be a private drive being constructed that will encroach directly with our private drive. With our events, we have patrons walking about and I see disaster coming. I am concerned at the likelihood of traffic accidents and worse, ones involving pedestrians.

Larger concern is who is responsible for this increase liability—will our insurance rise as a result? If a pedestrian is struck by an exiting vehicle (from the event center) who covers the bills beyond the auto limits? Would City Police issue traffic citations in this "common" area—this is important for us to know. If it is now common, are the property lines being realigned? Has there been a communication of this? There should be a negotiation for sure.

Again, a lot of unknowns but each party in the surrounding area has particular points of view. I think we need to be prudent for the future public that might be wandering into a known problem area. WEM-. ^0 te','-# V. , . - ...I* -4 ^u_..v-r-"-r ..... '•-■ ■■ - -„ m - ^.■■ ■■ ^SUl>-i^3s»c><>...... ■ '=

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Sincerely,

Susan Sutton Dean Graziosi's Office 7 531 E 2nd St Scottsdale 85251

Relations & Events Coordinator 1-800-489-7003 ext 101 Letters of Opposition

ATTACHMENT 5A Steinke, Casey

From: Ruenger, Jeffrey Sent: Tuesday, March 21, 2017 10:06 AM To: Symer, Daniel; Castro, Lorraine; Acevedo, Alex Subject: FW: Case Name Clayton Encore Case Number 5-UP-2017

From: Modern Family Medicine rmailto:modernfamilvmedicine(a)amail.com1 Sent: Monday, March 20, 2017 5:30 PM To: Projectinput Subject: Case Name Clayton Encore Case Number 5-UP-2017

Dear City Officials,

I am the owner and operator of a small family medicine holistic care practice in a semi-residential neighborhood. 1 chose to purchase the property at this location for my practice because of the quiet and solitude. My patients enjoy the serenity of this quiet little neighborhood adjacent to the quiet library and art museum. We are away from the hustle and bustle of the downtown area. We can hear the quaint church bells reminding us of the hour. On occasion, we can hear the fans eheering at the nearby stadium. The sounds surrounding the neighborhood are tranquil and ealming like my practice. I am very concerned that a venue with live entertainment will cause disruption to my calm and quiet practice setting and would negatively affect my business. Please consider noise restrictions to this part of Old Town Scottsdale, especially during the day time and weeknight hours when I have patients.

I vote to not allow live entertainment to be in proximity to my building.

If you have any questions, please feel free to call me at 602-363-1631.

Thank you,

Elissa B. Gartenberg, D.O.

MO^RN

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Iiici'.ianj MtJitint Ho.iilkCji* 7526 E 2“** ST SCOTTSDALE ARIZONA 85251 480-429-1122

30'” March, 2017.

Re: 5-UP-2017 To whom it may Concern, My wife and I are Residents/Business owners at the above address since November 1999. This location was chosen because it is a quiet tranquil neighborhood that is close to downtown, greenbelt, parks etc.. We live and work directly across the street from the Clayton Encore/Shed which has requested a Conditional Use Permit at 3719 N 75'” St.

We want to voice our objection in the strongest possible manner to this application on the grounds of:

• Noise pollution from music crowds and traffic. • Parking issues (only 33 parking spaces provided on site). • Surge in traffic flows i.e. patrons arriving and departing events. • Strong possibility of drunk and disorderly conduct depending on event. • Increase in litter in the vicinity.

My wife attended the information meeting on 3/7/2017 at 6582 E. Main St. The information decimated at the meeting was incorrect and even misleading. Mr. Frenkel informed the meeting that there would be seating at the facility for 150 guests even though the advertising card distributed at the meeting stated seating was for 350 guests. This higher number was confirmed by the Architect at the meeting. On reviewing the application at the City of Scottsdale we saw the Max. Occupancy for this project is set at 1000 guests!!! it was a!so stated that functions would run until 11.00pm, but on reviewing the file at the City of Scottsdale the application is to serve alcohol, 7 days a week from 9.00am until 2.00am with premises cleared by 2.30am!!! This conditional use permit if granted will devastate our quality of life both at work and home. We deeply cherish our downtown Scottsdale lifestyle. These events can run anytime from 9.00am to 2.30am 7 days a week. We have a Medical Massage/Bodywork practice and have had a facility license with the City at this location since Oct. 1999. Our patients appreciate this quiet location and we do not wish to have to listen to drums thunk thunking and music piaying during both our work and home life. A project like this belongs in the night club district not this serene neighborhood. We purchased and developed our property as DO/R and never expected an application such as this to be approved in this location. An entertainment venue is absurd and completely out of character in this area, with its many small business owners, professionals and residences. The current character and function of this wonderful serene downtown Scottsdale area would be overshadowed and obliterated by this incompatible live entertainment venue. If this Conditional Use Permit is granted we are subjected to the disturbances and at the mercy of the timing, length and noise levels of these live entertainment events. Please call 480-429-1122 or e-mail rtmi(g)msn.com if you have any questions. We urge you with every fiber of our being to refuse this inappropriate proposal.

Sincerely, / 1 Concerned Neighbors, Noel McDonnell/Miriam Frend. Li M Steinke, Casey

From: Deva Bums Sent: Wednesday, April 12, 2017 5;55 PM To: Bloemberg, Greg; Acevedo, Alex; Symer, Daniel Subject: Conditional Use Permit, for Live Entertainment at the remodel under construction at the SE corner of 75th St and 2nd St.

To the City of Scottsdale Planning and Development,

The general terms of the proposal are for a live entertainment venue with a maximum occupancy of 1000 guests and alcohol served from 9 am to 2 am. With only 33 parking spaces on the property, the owner is clearly planning on using public spaces at the library and street parking to accommodate the remaining patrons. It would be a shame to see this quiet side of downtown fall to the growing night club district. Similar business ventures might very well start eye-balling the area. As a resident of Peaceful Valley, which as you know, is very close to this intersection, I am strongly opposed to this type of use in this location. Alcohol served at 9 am? Are you are not aware there is a grade school within 2 blocks of this site? We are thinking alcohol consumption 2 blocks from a school during school hours is a no brainer. Alcohol, , and kids don't mix well. Alcohol consumption until 2 am does not seem appropriate adjacent to a neighborhood of single family homes called Peaceful Valley. I'm sure if you lived in this neighborhood or had kids in OLPH, you would feel the same way. Rest assured that I and my neighbors will do all that we can to see that this project is not approved.

Deva Burns 602.818.5839 Steinke, Casey

From: [email protected] Sent: Monday, April 03, 2017 9:16 AM To: Bloemberg, Greg; Symer, Daniel; Acevedo, Alex; Projectinput Subject: Clayton Encore

I recieved this on NextDoor - "The City of Scottsdale approved a conditional use permit, 5-UP-2017 to allow Live Entertainment and License to Serve Alcohol from 9am to 2am, 7 days a week to a new venue on 2nd St and 75th St. This venue is set for 1000 guests. There are only 33 parking spaces. The location is set in a quiet part of old town by the civic center right across from the library! Clearly, there will be increased noise pollution, parking issues, surge in traffic, drunk people, increased litter and worst of all disruption of the tranquility to this semi-residential area of town. Please help keep the quiet serene peace of this area of town. Reference 5-UP-2017"

There needs to be limits. This is not the area of town for this. There is not enough parking, the hours of operation are far too long. The city does not need to permit this type of operation in residential areas. This is yet another example of our city government not being representative of the people it is suppose to be serving.

The parking for such a venue is not addressed in their application - http://eservices.scottsdaleaz.qov/planninq/proiectsummarv/applicant submittals/Proilnfo 5 UP 2017.pdf. When 1000 people are at the venue - where in those 33 parking spots do they think they will fit all the cars? I understand the area has public parking - but that is public parking. Venues such as this - especially when having wedding events - tend to use valet parking. How much of Public parking will be used for this? There are already issues with smaller venues (think Arcadia) taking over public parking - even street parking on 1st Ave near Goldwater, which blocks parking for other businesses on the street. This is street parking. This is public parking - Valet parking should not supersede that. Steinke, Casey

From: Susan Sutton Sent: Monday, April 03, 2017 11:38 AM To: Bloemberg, Greg; Acevedo, Alex; [email protected] Cc: Mike Rohan; [email protected] Subject: Clayton Encore/Shed @7526 E 2nd St -Objection to Application

To whom it may may concern,

I am writing this letter on behalf of Dean Graziosi who owns the building at 7531 E 2nd; we are the next door neighbor to the Clayton/Shed Building Project.

While Dean is all for economic growth and the energy the facility will bring to the neighborhood, he does have concerns regarding the parking issue and traffic flow during Tom's events; especially since we share a driveway into our parking lot that Tom, his project manager and architect assured us would not detour our traffic flow in and out of our parking lot for our seminars and workshops that we conduct 7 days a week!

Myself and Mike Rohan from our company attended the information meeting on 3/7/2017 at 6582 E. Main St. The information decimated at the meeting was incorrect and even misleading. Mr. Tom Frenkel informed the meeting that there would be seating at the facility for 150 guests even though the advertising card distributed at the meeting stated seating was for 350 guests. This higher number was confirmed by the Architect at the meeting.

On reviewing the application at the City of Scottsdale we saw the Max. Occupancy for this project is set at 1000 guests!!! It was also stated that functions would run until 11.00 pm, but on reviewing the file at the City of Scottsdale the application is to serve alcohol, 7 days a week from 9.00 am until 2.00 am with premises cleared by 2.30 am for a LIVE Event Entertainment Venue, not the corporate meetings, seminars, weddings, bar mitzvah, and small private parties that Tom described Hi

For the record we want to voice our objection to this application before issues and problems arise:

• Noise pollution from music crowds and traffic

• Parking issues (only 33 parking spaces provided on site).

• Surge in traffic flows i.e. patrons arriving and departing events blocking our shared driveway

• Clayton Encore/Shed Customers trespassing into our private parking lot

Thank you! Sincerely,

Susan Sutton Dean Graziosi's Office Relations & Events Coordinator 1-800-489-7003 ext 101 Steinke, Casey

From: Modern Family Medicine Sent: Sunday, April 16, 2017 5:32 PM To: Tom Frenkel Cc: Projectinput; Scottsdale Gov; Acevedo, Alex Subject: Re: Your objection to Clayton Encore 75 St. and 2nd St

Hi Tom,

Thank you for reaching out. I apologize that I have been busy. I don't usually have time during working hours to meet, as I'm busy with patients.

While the potential noise of your proposed venu and the parking issues are very concerning to me, another concern I have (and others in the area) is that the city may continue to approve more venues with liquor licenses and live music that can easily pop up in the near future! This area of town is surrounded by medical and quiet offices, a hospital, a library, a church and many residential homes. It thrives on quiet and serenity.

Currently, when there are festivals in the park, we are given advanced notification from the city that there will be live music and the timing of such events. This advanced warning has helped me plan my schedule. When I plan weekend meditations in my classroom and outdoor meditation atrium, I have to make sure they are not held during a loud festival.

If you are hosting outdoor events with live music, I am sure the neighborhood will hear it? Even the most peaceful music can be annoying to those of us who desire silence. The parking may also be an issue, as my patients rely on public street parking.

While most of your events may occur after normal business hours, I have a unique practice that may be affected by it. I am very invested with my business in this neighborhood. I have worked very hard to build my practice and feel threatened by the noise and masses of people that may attend your venu. I do not want to see this area of town become loud and commercialized like other areas in Old Town. I chose this location specifically because it is semi residential and quiet. I would like it to stay this way.

While your venu sounds great. I'm sorry I can not be more supportive of the location.

Thank you,

Elissa B. Gartenberg, D.O.

Modern Family Medicine Traditional Medicine + Holistic Care

On Apr 16, 2017, at 4:44 PM, Tom Frenkel wrote;

Dear Dr. Gartenberg,

I have stopped at your office twice and called you with no responses despite requesting a quick call back. I own four properties on your block of 1 st St including the property directly across the St. from you. I lease to many holistic Drs. in your field. As a neighbor as well as someone very active in your field I feel it is a reasonable request for a call back to discuss my project. The image of my business was I believe projected to you very unfairly and all I request is you to make your opinion on a realistie view of what I am proposing.

My name is Tom Frenkel and I was copied on your email to the city regarding our property located at 3719 N. 75* Street. My wife and I are the owners of the new facility to be opened at that location and we would appreciate the opportunity to discuss the project with you. Much misinformation is being disseminated which doesn’t accurately represent the project.

We are 30-year residents of Scottsdale, have raised our family here, and our office and entire business is based in South and Downtown Scottsdale. The sister facility to the Clayton Encore is The Clayton On The Park, which is located next to AZ 88 in the center of the park. That venue is (and the new facility will be) family operated and managed and has been in existence for over seven years. We have hosted over 400 upscale events at The Clayton On The Park under the same type of live entertainment use permit we are requesting, all without a singlecomplaint or disturbance. Of note is that there is a residential condominium/rental unit on the top floor of the facility and the residents of that unit have never complained about anything related to any of the events we have hosted.

Talk and innuendo of the Clayton Encore being a bar, nightclub or undesirable neighbor is anything but the case. We host really beautiful events that compliment other uses in the area and are desirable for Scottsdale. I encourage you to speak with any of our existing neighbors or any of your friends who have attended events at The Clayton On The Park to get their perspective on our use and operation. Below is a link to our website which I hope you will review in order to get a flavor for the type of functions that are held at our venue. I would welcome the opportunity to meet you, show you the plans and tour our existing facility at any time. I certainly can respect a differing viewpoint, but in fairness, I want to make sure you are basing any of your ultimate opinions and objections upon an accurate understanding of our business operations and what the new facility really entails. I look forward to hopefully hearing from you.

Sincerely,

Tom Frenkel mob 602-989-7295

Website link: Theclavtononthepark.com

Tom Frenkel Direct 480.941.2260 xl02 Mobile 602.989.7295 Fax 480.423.0689 [email protected]

Clayton Companies 7340 E. Main Street #200 Scottsdale, AZ 85251 www.clavtoncompanies.com

Steinke, Casey

From: [email protected] Sent: Thursday, April 06, 2017 4:33 PM To: Bloemberg, Greg; [email protected]; Acevedo, Alex; Projectinput Subject: 5-UP-2017

Gentlemen:

Having resided in the downtown Scottsdale area for 43 years, I have experienced changes to the City too numerous to mention. Although not happy about the abandonment of height restrictions, the infiltration of "Rodeo Drive," traffic increase, serious congestion, I have kept the grumbling to a minimum. Progress has changed the lovely little city to which I was drawn, but I have assumed a good sport/betterment-for-the-whole attitude.

However, the bar-scene noise pollution level that has been achieved in town over the past few years is another matter altogether. Nightly I hear loud music and loud-speakered voices even with my windows closed. During the times of the year when I can enjoy having my windows open, I wear ear plugs and bury my head under my pillow. I am often awakened by early-morning drunks shouting as they stroll past my house.

And now you are going to allow yet another overflowing bar with entertainment to operate nearby 7 days a week till 2 a.m. When does your quest for tax dollars abate enough to allow you to take a look at what our downtown has become....reincarnation of the Disco Mania Era and Studio 54. If I wanted to move to the club areas of NYC or SFO, I would have. Enough is enough.

I have grave doubt that my words will have any impact upon you, but I felt compelled to register my dismay and sleep deprivation.

Donna Kidner 4231 N Miller Rd Steinke, Casey

From: Keri Kirby Sent; Saturday, April 22, 2017 9:18 AM To: Bloemberg, Greg; Symer, Daniel; Acevedo, Alex Subject: Live Entertainment remodel project SE Corner of 75th and 2nd street

I wanted to write and let you know 1 am very concerned about this construction and oppose this project. I live around the corner from this site in a neighborhood called Peaceful Valley. I have no doubt when this site is operational it will create noise, congestion and traffic in an already congested area. I am a native of Scottsdale and moved to old town Scottsdale in 1998. It's no longer peaceful in my neighborhood. My family is constantly bombarded by disturbances on all sides of our neighborhood. And while I love live music, I do not want to be woken up in the middle of the night by loud base and unruly patrons. My house is 200 yards from this development... 200 yards... that is too close. I am also very concerned by the permit language. It is my understanding you met with the surrounding businesses and told them it was a venue for 150 people but the use permits clearly state its for Ik. 1000 people? 1000 people?

I am disappointed in your process and the fact that this type of venue was allowed to be built so close to a residential area. Scottsdale is no longer the town I grew up in... it saddens me to changes like this poping up all over old town.

Please make sure to inform the owner, when the business is up and running, I plan file a noise complaint each and every time my family is disturbed, (nightly if I must) and will also encourage my 120 or so neighbors to do the same.

K. Kirby Jan Agardy

3620 N. MiUer Road Apt 3

Scottsdale, Arizona 85251

City of Scottsdale

Planning and Development

Civic Center Mall

Scottsdale, Arizona 85251

April 6,2017

Dear Sirs:

I am writing to let you know of my complete and utter distaste for the project known as Clayton

Encore/Shed i.e. construction on the S.E. comer of 2““ and 75**' Streets. This project at first glance would provide a building that will be an asset to the neighborhood. But upon further examination the use for which this building is intended will bring havoc and destmction to the way of life that many of us hold dear in this Old Town neighborhood.

1 am a native of Maricopa County and a resident of Scottsdale since 1979. After the death of my husband 20 years ago I choose to move to Old Town fium North Scottsdale for the lovely, peaceful neighborhood. I am also, handicapped and use a medical to get around to my doctors, pharmacy, hospital, grocery stores, pet food stores, clothing stores, restaurants, salons, farmers market and many other small local businesses. I walk my dogs at Civic Center Mall, access the Library, attend many of the functions that are presented in the park, enjoy the both the symphony and ballet at the Center for Performing Arts and am politically active within my community. This venue that is being proposed will put all of my daily life at risk, from a noise standpoint it will put my health at risk. And this community’s infrastructure is unable to support the amount of additional traffic that would occur.

I cannot advise or urge you with any stronger feelings than to not allow this project to go forward. I have already suffered through evenings where the disturbances from The Clayton on the Park project are at cause. So the varied assurances by Mr. Frenkel do nothing to reassure me as Mr. Frenkel does not live in this neighborhood. While Mr. Frenkel will profit from this venture this neighborhood will not. I assume that the City of Scottsdale will not allow one man to profit at the cost of the lives, health and community of the majority of the residents.

Continuation of this project will be the cause of the destruction of this lovely, peaceful neighborhood, plummet the property values and forever change a way of life that is so important to me and others.

The City of Scottsdale has an opportunity to show that they value the lives and livelihoods of its residents and alter the perception that the “fix is in”. We will be watching and praying for a decision that shows that the City cares for all of its residents, not just the ones with more money than most.

Sincerely,

Jan Agardy^ G Steinke, Casey

From: Symer, Daniel Sent: Thursday, May 11, 2017 2;25 PM To: Steinke, Casey Subject: FW: Conditional Use Permit 5-UP-2017

Please add to the attachment 8A of the PC Report

From: Stephen Picone rmailto:spicone0(aamail.com1 Sent: Thursday, May 11, 2017 1:10 PM To: Planning Commission Cc: Bloemberg, Greg; Symer, Daniel; Acevedo, Alex Subject: Conditional Use Permit 5-UP-2017

Hello Mr. Bloomberg, Mr. Symer and Mr. Acevendo,

I am writing you as an elected representative of the Bon Vie HOA (7601 E 2nd St, 85251) regarding the matter of Conditional Use Permit 5-UP-2017. Our association of 30+ property owners are in opposition to this Conditional Use Permit request for the following reasons:

- Noise pollution from music, crowds and traffic - Parking issues (33 spaces for a site that hold 1000) - Surge in traffic arriving and departing the venue - The serving of alcohol so close to a school, which is a precursor to drunk and disorderly conduct - Increased litter in the vicinity

The Bon Vie residents invested in the area because of the prime location and beautiful architecture. We are fortunate to be walking distance to the Civic Center and Old Town, but far enough away not to be disturbed by the bars. Our neighborhood represents the absolute best Scottsdale has to offer and we wish to keep it safe, quiet and clean.

This proposed venue will adversely impact the tranquility of lifestyle our community has to offer and is expected to degrade homeowner interest in the area.

Please let me know if there is anything that can be done to stop this request.

Many Thanks!

Stephen Picone 419-819-9431 EM 5 - CONCERN Acevedo, Alex

From: HARRY B SMITH Sent: Wednesday, May 24, 2017 1:59 PM To: Bloemberg, Greg Cc: Symer, Daniel; Acevedo, Alex Subject: 5-UP-2017 Clayton Encore/Shed Attachments: Shed Permits and Letters.pdf

Hello All,

I am writing this as a concerned resident of Scottsdale about the construction on E. 2nd St. and 75th street. I chose to live in this section of Old Town Scottsdale because it is quiet and peaceful. I am all for new building and construction, but this needs to be tempered with the needs of Scottsdale's citizens in mind. Building a new outdoor performance venue literally right down the road from me, will disturb this peaceful neighborhood.

I would go on about this in more detail, but the attached PDF from Noel McDonnell and Miriam Frend says it best.

I know I am not alone in this concern. I am hoping you will do everything in your power to ensure the tranquility and livability of this peaceful neighborhood.

Sincerely,

Harry Smith 7601 E. 2nd St. #32 Scottsdale, AZ 85251 7526El"**ST SCOTTSDALE ARIZONA 85251 480-429-1122

30*'' March, 2017.

Re: 5-UP-2017 To whom it may Concern, My wife and i are Residents/Business owners at the above address since November 1999. This location was chosen because it is a quiet tranquil neighborhood that is close to downtown, greenbelt, parks etc.. We live and work directly across the street from the Clayton Encore/Shed which has requested a Conditional Use Permit at 3719 N 75"’ St.

We want to voice our objection in the strongest possibie manner to this application on the grounds of:

• Noise pollution from music crowds and traffic. • Parking issues (only 33 parking spaces provided on site). • Surge in traffic flows i.e. patrons arriving and departing events. • Strong possibility of drunk and disorderly conduct depending on event. • increase in litter in the vicinity.

My wife attended the information meeting on 3/7/2017 at 6582 E. Main St. The information decimated at the meeting was incorrect and even misleading. Mr. Frenkel informed the meeting that there would be seating at the facility for 150 guests even though the advertising card distributed at the meeting stated seating was for 350 guests. This higher number was confirmed by the Architect at the meeting. On reviewing the application at the City of Scottsdale we saw the Max. Occupancy for this project is set at 1000 guests!!! It was also stated that functions would run until 11.00pm, but on reviewing the file at the City of Scottsdale the application is to serve alcohol, 7 days a week from 9.00am until 2.00am with premises cleared by 2.30am!I! This conditional use permit if granted will devastate our quality of life both at work and home. We deeply cherish our downtown Scottsdale lifestyle. These events can run anytime from 9.00am to 2.30am 7 days a week. We have a Medical Massage/Bodywork practice and have had a facility license with the City at this location since Oct. 1999. Our patients appreciate this quiet location and we do not wish to have to listen to drums thunk thunking and music playing during both our work and home life. A project like this belongs in the night club district not this serene neighborhood. We purchased and developed our property as DO/R and never expected an application such as this to be approved in this location. An entertainment venue is absurd and completely out of character in this area, with its many small business owners, professionals and residences. The current character and function of this wonderful serene downtown Scottsdale area would be overshadowed and obliterated by this incompatible live entertainment venue. If this Conditional Use Permit is granted we are subjected to the disturbances and at the mercy of the timing, length and noise levels of these live entertainment events. Please call 480-429-1122 or e-mail rtmi(5)msn.com if you have any questions. We urge you with every fiber of our being to refuse this inappropriate proposal.

Sincerely, Concerned Neighbors, Noel McDonnell/Miriam Frend_\l_ Letters of Support

Attachment 5B Steinke, Casey

From: Max Frenkel < [email protected]> Sent: Wednesday, April 12, 2017 2:18 PM To: Bloemberg, Greg; Symer, Daniel; Acevedo, Alex Subject: Letter in Support of Case #5-UP-2017 Attachments: Letter in Support of Clayton Encore (l).pdf

Dear City Officials,

I was contacted by one of my neighbors regarding the project on the SE corner of 2nd St and 75th St (Clayton Encore) and was asked to make my opinion known to City Officials.

I recently purchased my home approximately 3 blocks north of the site in question, and truly enjoy this portion of Scottsdale. The unique mix of commercial, residential, and special events (spring training, culinary festival, etc) help to make this neighborhood feel active, vibrant, and walkable. These qualities are not prevalent throughout much of Scottsdale, and are some of the primary reasons that I chose to make my home here.

1 have seen the renderings of Clayton Encore and feel that the building itself is beautiful, and will be an enormous improvement to the neighborhood. I am also familiar with the sister facility The Clayton on the Park, and have attended a number of events there myself They are highly professional and seem to place a high priority on keeping their events orderly. I am not overly concerned with them as a neighbor, and would welcome the excitement that such a venue would bring to further promote this mixed-use part of town.

I've attached a signed letter detailing the opinion I've expressed here, I hope you will consider it and help push this project through.

Best, Max May 5, 2017

Re; Clayton Encore 5 Up 2017 3719 N. 75^*' Street, Scottsdale, AZ 85251

Dear Mayor & City Council - City of Scottsdale

I am writing you today as a property owner in downtown Scottsdale. My name is Shane Alexander and I own Alexander Building Company, a General Contracting Firm. We own and occupy a commercial building located at 7550 E. Main Street in downtown Scottsdale. We are located two blocks south of the Clayton Encore project.

I am writing to urge you to support this project as it will be a true asset to the area. I am very familiar with the proposed project and its request for a use permit for live entertainment. I have attended events at the company's other facility and completely support their new venue proposed for 3719 N. 75*” Street. It will enhance the area and support higher property values. Please feel free to contact me if you wish to discuss.

Sincerely,

Shane Alexander Alexander Building Company The Coalition of Greater Scott sdale 7904 East Chaparral Road, suite AllO-127 Scottsdale, AZ 85250 www.COGSaz.net

Re: Clayton Encore 5 UP 2017 12 April 2017 3719 North 75'*’ Street

Summary: The COGS Board of Directors fully supports approval of this Conditional Use Permit application

After a thorough review of the application for the Clayton Encore Case 5 UP 2017, the COGS-The Coalition of Greater Scottsdale—Board of Directors supports without reservation the approval of the Conditional Use Permit.

Mr. Frenkel/Clayton Properties has a stellar reputation for appropriate projects that enhance the existing neighborhood as well as to support the long-term vision of the Dowmtown Scottsdale overlay. This current project, Clayton Encore, is an example of renovating a contaminated site, removing the city’s ugly print shop and metal clad buildings to provide the immediate area with an attractive structure.

Additionally the proposed use of the site enhances the Civic Center area as a Go-To location for private weddings, anniversaries and special events. This will introduce many potential retail customers to return at other times to our Old Town businesses.

It is acknowledged that one residential neighbor objects to the CUP. The COGS Board recognizes the S-R zoning of the area and that transition is to multi-use and finds the CUP is within context for the 75'^ Street area. The application is specific that the live entertainment that is common to private events will have an early evening hour termination and that sound “will remain inside the building”. We therefore can fully support this application.

Respectfully,

Sonnie KiAley, COGS Chair ceIlula/602 717 388*? Studio Resource, LLC 7525 E. 2"‘‘ Street Scottsdale, AZ 85251

April 12, 2017

Mayor W.J. Lane Vice Mayor Suzanne KJapp Councilwoman Virginia Korte Councilwoman Kathy Litdefield Councilwoman Linda Milhaven Councilman Guy Phillips Councilman David N. Smith Dan Symer, Planning Department 3939 N. Drinkwater Blvd. Scottsdale, AZ 85251

Re: Use Permit 5-UP-2017 Clayton Encore

Ladies and Gentlernen:

I have leased premises for the operation of my design showroom and related uses for the past year at the property located at .7525 E. 2"‘i Street. The building immediately to the west, which is also owned by my landlord, is currendy being redeveloped for use as a high end event venue. I have had numerous discussions with my landlord, Mr. Frenkel, about this event venue as it could potentially impact the operation of my business and my decision to remain a tenant at this location.

After completing rny due diligence on Mr. Frenkel’s proposed use and his need for a use permit in connection therewith, I am thoroughly comfortable in supporung his application. The event venue will obviously dramatically increase the value of my premises and the surrounding properues. And I see absolutely nothing about Clayton Encore’s operations that would hurt my business. My normal hours of operation will not overlap with the hosting of events at this location, and therefore, I have no concerns. In fact, I wholeheartedly support this adjacent use and the issuance of the permit being sought.

Sincerely,

msen. Manager Gcbran Gebran 7127 E Rancho Vista Dr., Unit 6004 Scottsdale, AZ 85251

April 5, 2017

Mayor W.J. Lane Vice Mayor Suzanne Klapp Councilwoman Virginia Korte Councilwoman Kathy Littlefield CounciIv/oman Linda Milhaven Councilman Guy Phillips Councilman David N. Smith Dan Symer, Planning Department 3939 N. Drinkwater Blvd. Scottsdale, AZ 85251

Re: Use Permit 5-UP-2017 Clayton Encore

Ladies and Gentlemen:

My name is Gebran Gebran and 1 ov/n a home located at 7546 E. Street, vv!\ich is one biock north of the property that is the subject of the above referenced u.se permit application. Additionally, I personally reside close by in Scottsdale and run a busine.ss on Scottsdale Road near Osborn.

I leave reviewed tire plans for the Clayton Encore and the request for a use permit at the subject site; 1 would like to tvholehc.-aried'iy sitpport-this reqtsest.. i ain-vcry impressca witn tlie renovation approved for this project and am delighted to see this older dilapidated warehouse building being brought to life. I purchased my property with the hope that this area could transform into a vibrant mixed use area of complimentary residentiai and commercial uses. This venue project is an ideal use for this site, especially in light of the upscale design that will perfectly repurpose a building with a desirable commercial use.

1 patronize AZ 88 in Civic Center Park weekly for dinner and am familiar with The Clayton On The Park, which I understand is owned and operated by the same principals requesting this use permit. The events held at this sister facility are always elegant and the guests are completely orderly. This site offers a wonderful amenity in Scottsdale for holding events. I have only seen beautiful weddings, parties and corporate events from my patio seat at AZ 88 adjacent to this facility. Mayor, Vice Mayor, Councilpersons and Mr. Symer April 5, 2017 Page 2

I contacted the owners upon receiving notice of this new project to discuss my potential concerns. I was assured that the new Clayton Encore would be identical in nature to The Clayton On The Park, with the exception of having a larger capacity. Again, I believe this is a wonderful addition to our area. When viewed in combination with the City’s recent efforts to enliven and reactivate the Civic Center Park, the success of our Scottsdale Stadium and a vibrant downtown, this is a project that should be supported and applauded.

Please feel free to contact me with any questions you may have regarding my unequivocal support for this project and use permit.

Sincerely,

Gebran Gebran ITEM 5-SUPPORT

MAIN STREET ■ PLACE

May 23, 2017

Mayor, City Council, Planning Commission City of Scottsdale

RE: 5-UP-2017 Clayton Encore

Dear Mayor, Council Members and Planning Commissioners,

I have reviewed the application as well as walked the site and neighborhood of the proposed Clayton Encore project.

As a future resident nearby (Main Street Place/Under Construction], a business owner and Scottsdale native, I welcome this added use as a benefit to our neighborhood, as well as, downtown Scottsdale.

This is another chance to provide a downtown commercial activity with a "family” oriented business!

Please support this exciting project!

Steven Voss

Main Street Place 7502 East Main Street Scottsdale, Arizona ITEM 5-SUPPORT

iCHAEL Phillips Black W JH A JL I H MAlNAtiUME-N T"

MICHAEL P. BLACK CERTIFIED FINANCIAL PLANNER™ CERTIFIED DIVORCE FINANCIAL ANALYST

April 12, 2017

Mayor WJ. Lane Vice Mayor Suzanne Klapp Councilwoman Virginia Korte Councilwoman Kathy Littlefield Councilwoman Linda Milhaven Councilman Guy Phillips Councilman David N. Smith Dan Symer, Planning Department 3939 N. Drinkwater Blvd. Scottsdale, AZ 85251

Re: Use Permit 5-UP-2017 Clayton Encore

Ladies and Gentlemen:

I own and operate my wealth management business at the property located at 7520 E. 2'"^ Street, directly across the street from the building Clayton Encore intends to occupy to run an upscale event venue. I have owned my building and operated my business here for over 10 years and am extremely familiar with the neighborhood and the mix of uses by other property owners.

I am acquainted with the principals of Clayton Encore (the Frenkels) and have observed the operation of their companion facility. The Clayton on the Park. As an owner-occupant and landlord of my own building (and as someone who intends to operate his business at this location for some time), I would obviously never want to see a property use across the street from me that would negatively impact my business or property. Having discussed the nature of Clayton Encore's operation and the need for the pending use permit with the Frenkels, I am supportive of both the proposed business operation as well as the use permit. It is clear to me that the hours of operation of the small businesses in the area and those of Clayton Encore will virtually never conflict with each other. Therefore, I consider Clayton Encore's use to be completely compatible with my business and that of my tenants.

Sincerel

Michael Phillips Black

PROFESSIONAL FINANCIAL PLANNING ASSOCIATION Ifivestmeot Advisor Representative. ProEquities, Inc. A Re^slered Investment Advisor and a Register Broker-Dealer, Member, FINRA & SIPC 2S01 Birmingham, AL 35223 800-288-3035 7520 EAST SECOND STREET ■ SUITE #7 • SCOTTSDALE, ARIZONA 85251 480-425-0154 FAX 480 -874- 1 558 MPBLACK.COM item 5-SUPPORT

McKnight Office, LLC 7520 E. McKnight Avenue kottsdale, AZ 85251

April 12, 2017

Mayor WJ. Lane Vice Mayor Suzanne Klapp Coundlwoman Virginia Korte Councilwoman Kathy Littlefield Councilwoman Linda Mithaven Councilman Guy Phillips Councilman David N. Smith Dan Symer, Planning Department 3939 N. Drinkwater Blvd. Scottsdale, AZ 85251

Re: Use Permit 5-UP-2017 Clayton Encore

Ladies and Gentlemen:

Our company owns the property located at 7520 E. McKnight Avenue, close to the above referenced property that has applied for a use permit for operation of an event venue at 3719 N. 75‘*’ Street. We are redeveloping our property and plan to be long term investors in this neighborhood. We are following all redevelopment activity in the area.

AS a neighbor of the applicant, Clayton Encore, we unequivocally support the proposed use as an event venue, including allowing the owner to conduct the activities covered by the use permit. We are familiar with Mr. Frenkel's other event venue and his many commercial properties in downtown Scottsdale and know he will run a first class operation at Clayton Encore.

Please contact us if you have any questions regarding our support of this application.

Sincerely, ITEM 5-SUPPORT

Jay McKee 4021 N. 75* Street Scottsdale, AZ 85251

April 12, 2017

Mayor W.J. Lane Viee Mayor Suzanne Klapp Councilwom^ Virginia Kprte Councilwoman Kathy Littlefield Councilwoman Linda Milhaven Councilman Guy Phillips Councilman David N. Smith Dan Symer, Planning Department 3939 N. Drinkwater Blvd. Scottsdale, AZ 85251

Re; Use Permit 5-UP-2017 Clayton Encore

Ladies and Gentlemen;

About a year and a half ago, I bought an office building located on the northeast comer of 75* Street and McKnight Avenue, just north of the property involved in the above referenced use permit application. I carried out a substantial rehab on my property and have made a significant investment at this location. Accordingly, I am quite sensitive to the type of development and uses that may occur in the vicinity of my property. ; I am a huge fan of this particular neighborhood in downtown Scottsdale and this is why I made a large purchase. 1 believe what is a good area can only get better. The redevelopment that Clayton Encore is carrying out is a perfect example of repurposing old buildings in a fantastic location. Given the other uses in the area, 1 believe Clayton Encore will be extremely compatible with neighboring properties, including mine.

I fully support Clayton Encore’s use permit application.

fncerely, ■ ■ ■ ■ ■ ■

ClaytonCompanies ( tMiimcrtial RlmI • Man.i^emcm • Developmciu

RE: Clayton Encore 5 Up 2017 3719 N. 75‘^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7363 E. Scottsdale Mall which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincerel

Tom Frenkel Property Owner - 7363 E. Scottsdale Mall, Scottsdale, AZ 85251

F. .M.iin Strcci, Sic. i(l() ■ Sconsd.ilc, .’X/, SS2S I . Id 4X(I‘)4l 22F0 • Ki'i 4X1) 42.X IICiH*) • d.ivion-compiinics.oim ClaytonCompanies ( oimncituil Real iM.itir • ManagcnK’iu • Ocvclopincm

RE: Clayton Encore 5 Up 2017 3719 N. 75'*' Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7343 E. Scottsdale Mall which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincerely,

Tom Frenkel Property Owner - 7343 E. Scottsdale Mall, Scottsdale, AZ 85251

734(1 1.. Main Siivci, Sic. iOl) • Scousd.iic, A/, 8523 I ■ Icl480‘)4l 2260 • t-,iN 480 423 0680 • cluvioii-cninpnnics.tmn ClaytonCompanies C,(jmincii.ial l^cal fiitaic • MaiKiiicnKin • Dcvclopincm

RE: Clayton Encore 5 Up 2017 3719 N. 75^'' Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7340 E. Main Street which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincer^

Tom Freftkel Property Owner - 7340 E. Main Street, Scottsdale, AZ 85251

7340 h. Mm'mi SiRci, Sic. 200 • Stoit.sil.iic, A/SS271 • Icl 4.S0’) i 1 2260 • 1,1x 4X0 423 0680 • tlayion-oimp.uiic.x.c ClaytonCompanies ( oinincri.ial Real l.-itau: • .Vl.ma^cnicni • Dc\flopmcm

RE: Clayton Encore 5 Up 2017 3719 N. 75^'^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7530 E. Main Street which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincerely,

Tom Frenkel Property Owner - 7530 E. Main Street, Scottsdale, AZ 85251

7340 I'. M.iin SiiL'ci, .Sic. 200 • SchiimI.iIc, AZ .S5231 • rcl4K(iy.|l 2260 • l-.ix 4S0 423 06S9 • cliivum-cnmpanics.cnm ClaytonCompanies Real Lsiaie • Managcnicm • L)cvelci^)mcm

RE: Clayton Encore 5 Up 2017 3719 N. 75’^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7538 E. McKnight which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincerel

Tom Frenkel Property Owner - 7538 E. McKnight, Scottsdale, AZ 85251

7340 E. Main .Suva, Su-. 200 • ScmisJ.ilc-, AZ 832S ] . Tcl4

RE: Clayton Encore 5 Up 2017 3719 N. 75**' Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7532 E. McKnight which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincerel

Tom Frenkel Property Owner - 7532 E. McKnight, Scottsdale, AZ 85251

734(1 K. Vl.iin Sia-fi, Sii.-. JOO • .Scniisil.ilc, A/85231 • IcI 48(1')41 2260 • F.ix 480 423 0689 • d.ntoii-aimpanicx.i.nm ClaytonCompanies C.oinmcrcuii Real Lsi.uc • Maiui'cmciu • Dcvdopniciu

RE: Clayton Encore 5 Up 2017 3719 N. 75'^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7520 E. 2"‘‘ Street which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincerel

Tom Frenkel Property Owner - 7520 E. 2"'' Street, Scottsdale, AZ 85251

7340 K. Main Si rod. .Sic. 200 • .Scou.sil.ilc, /\/. SS25I • Tel 4SOV41 2260 • Fax 4«0 42.5 0684 • dayum-companiw.com ClaytonCompanies < nmnicrLi:il Kcai • .Mjnj^cmuu • L)c\ciopincnt

RE: Clayton Encore 5 Up 2017 3719 N. 75*'^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7521 E. T' Street which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincere

Tom Frenkel Property Owner-7521 E. T' Street, Scottsdale, AZ 85251

I . Maiti Sircci. Sic. 200 • ScoilsJliIc, A/. SS2S1 • Icl4S0 04l 2200 • l 4(S0 422 OOrSO • daytnn-conipanios.Lnm ClaytonCompanies (. omnicrual Real Lsulc • Management • Doelopmcni

RE: Clayton Encore 5 Up 2017 3719 N. 75'^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7504 E. T' Street which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Tom Frenl^el Property Owner - 7504 E. 1^' Street, Scottsdale, AZ 85251

7340 h. M.iin Siivci, .Sic. 200 • Scoit.sdalc, A/. RS251 • lVl4iS0 94l 2260 • f-ax 480 423 06S9 • clayton-companics.com ■ ■ ■ ■

ClaytonCompanies C,ommcruul KlmI I'-^caic • M.in.i^cmctu • Devdopmcm

RE: Clayton Encore 5 Up 2017 3719 N. 75*^ Street, Scottsdale, AZ 85251

Dear Mayor, City Council, Planning Commission Members and City Staff

I am the owner of the building located at 7540 E. T* Street which is less than two blocks from the subject location which the permit is being requested. We have owned this property for almost ten years. We purchased this property as a rental property with the long-term view of eventually developing it as a mixed-use project. We are excited to see the area beginning to redevelop with the Main Street condo project under construction as well as various projects in the development process. We are very familiar with the proposed project and highly support this conditional use permit application.

The adaptive reuse of the interesting buildings being renovated is an interesting development versus the usual new construction we see. The use of the renovated project as an upscale event venue is desirable and a welcome use in our downtown. There are few alternative facilities for wedding, corporate functions and events in Scottsdale. This special project will bring the type of business to downtown Scottsdale which will benefit our area. The history of the owner's sister facility "The Clayton on the Park" is well known. The Clayton on the Park has been open for over seven years in Civic Center Park and hosted over four hundred individual events. Since its opening, it has operated under an identical conditional use permit for live entertainment without a single complaint. They host beautiful events and create special memories which they plan to continue hosting in the new facility. As a long time, property owner in Scottsdale, I whole heartedly support this application and urge you to also support and approve it.

Sincer^iyr

Tom Frenkel Property Owner - 7540 E. r* Street, Scottsdale, AZ 85251

"'.H-IO [■. Main Struct, Su'. 200 • Souisdalc, AZ SS2S1 • Tcl480 9^1 2200 • lAx 480 422 0680 • claytnn-cotnpanics.cnm SCOTTSDALE HOLDINGS 7515 STREET SCOTTSDALE, AZ 85251

May 8, 2017

City of Scottsdale Planning and Development Services Mr. Dan Symer, Principal Planner

Re: 5 Up 2017 Clayton Encore Project

Dear Mr. Symer,

My name is Geoff Stanisic and I own YC's Mongolian Grill. We recently purchased a commercial building located at 7515 E. 1*' Street. We purchased the building to move our corporate office. Our relocation will be happening on May 9,2017. The Clayton Encore project is located Vz block from the building I purchased.

I support the granting of the use permit for Clayton Encore. It will be a great addition to the area and I look forward to attending events at the new facility. Thank you for your support of the projecti

Sincerely,

Gdoff Stanisic Scottsdale Holdings REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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Citizens may complete one Request to Speak "Public Comment" card per meeting and submit it to City Staff. "Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment" testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

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REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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Citizens may complete one Request to Speak "Public Comment" card per meeting and submit it to ------*"timeis reserved for citizen comments regarding non-agendized items. The Board and Commission may hei Att3Chm©nt # 5C prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law. REQUES I SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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*Citizens may complete one Request to Speak “Public Comment ’’ card per meeting and submit it to City Staff. “Public Comment ” time is resen’ed for citizen comments regarding non-agendized items. The Board and Commission may hear “Public Comment” testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law.

REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

NAME {print), MEETING DATE

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Citizens may complete one Request to Speak “Public Comment" card per meeting and submit it to City Staff. “Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear “Public Comment" testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law. REQ lES 0 SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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*Citizens may complete one Request to Speak “Public Comment" card per meeting and submit it to City Staff. “Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear “Public Comment" testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law.

REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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Citizens may complete one Request to Speak “Public Comment" card per meeting and submit it to City Staff. “Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear “Public Comment" testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law. REIUES (SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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* Citizens may complete one Request to Speak “Public Comment” card per meeting and submit it to City Staff. “Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment” testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law.

REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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0lwiSH TO SPEAK ON AGENDA ITEM # ^ □ I WISH TO DONATE MY TIME TO

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Citizens may complete one Request to Speak "Public Comment ” card per meeting and submit it to City Staff. “Public Comment ” time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear “Public Comment” testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law. REQUESr TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

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*Citizens may complete one Request to Speak "Public Comment ’’ card per meeting and submit it to City Staff. "Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment” testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law.

REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together. NAME {print) !\U(l( /1/1 // MEETING DATE.

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Citizens may complete one Request to Speak "Public Comment "card per meeting and submit it to City Staff. "Public Comment ” time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment” testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law. REQI ES 0 SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

NAME {print). MEETING DATE.

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'^1 WISH TO SPEAK ON AGENDA ITEM #5^____ □ I WISH TO DONATE MY TIME TO ,

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* Citizens may complete one Request to Speak "Public Comment" card per meeting and submit it to City Staff. "Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment" testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law.

REQUEST TO SPEAK Request to Speak cards must be submitted to City Staff BEFORE pubiic testimony begins. Pubiic testimony is limited to three (3) minutes per speaker. Additionai time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together.

NAME {print). MEETING DATE ^l2A g

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□ I WISH TO SPEAK DURING “PUBLIC COMMENT”* CONCERNING______

*Citizens may complete one Request to Speak "Public Comment" card per meeting and submit it to City Staff. "Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment" testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law. REQI ES 0 SPEAK Request to Speak cards must be submitted to City Staff BEFORE public testimony begins. Public testimony is limited to three (3) minutes per speaker. Additional time MAY be granted to speakers representing two or more persons. Cards for designated speakers and the person(s) they represent must be submitted together. I NAME {print) MEETING DATE. NAME OF GROUP/ORGANIZATION {if applicable) Q'WA/' f

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* Citizens may complete one Request to Speak "Public Comment” card per meeting and submit it to City Staff. "Public Comment" time is reserved for citizen comments regarding non-agendized items. The Board and Commission may hear "Public Comment” testimony, but is prohibited by state law from discussing items which are not listed on the agenda.

This card constitutes a public record under Arizona law.

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This card constitutes a public record under Arizona law. WR IN COMMENTS This card is used to submit written comments to the Board or Commission. Written comment cards may be submitted to the Staff at any time. Cards submitted after public testimony has begun will be provided to the Board or Commission at the conclusion of the testimony for that item.

NAME (print) ______MEETING DATE O

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This card constitutes a public record under Arizona law.

WRIHEN COMMENTS This card is used to submit written comments to the Board or Commission. Written comment cards may be submitted to the Staff at any time. Cards submitted after public testimony has begun will be provided to the Board or Commission at the conclusion of the testimony for that item.

NAME (print). if^m' MEETING DATE

NAME OF GROUP/ORGANIZATION (if applicable)_____ ADDRESS i/ ^

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This card constitutes a public record under Arizona law. City Notifications - Maiiing List Selection Map

Mao Leaend: i fUir- Site Boundary ^ 5 #

Properties within 750-feet

Postcards

> H H > 0 Additional Notifications: 1 3 - Interested Parties List m • : irhf i I kfr‘ - Adjacent HOA’s Hz O) - P&Z E-Newsletter - Facebook

I mm - Twitter - Nextdoor.com - City Website-Projects in the hearing process 16-45 Pu led Labe s 0314/2017

Clayton Encore 5-UP-2017 mm SCOTTSDALE PLANNING COMMISSION KIVA-CITY HALL 3939 DRINKWATER BOULEVARD SCOTTSDALE, ARIZONA

WEDNESDAY, MAY 24, 2017

*DRAFT SUMMARIZED MEETING MINUTES *

PRESENT: Paul Alessio, Chair David Brantner, Vice Chair Matt Cody, Commissioner Larry S. Kush, Commissioner Prescott Smith, Commissioner AN Fakih, Commissioner ABSENT: Michael J. Minnaugh, Commissioner

STAFF: Tim Curtis Joe Padilla Lorraine Castro Alex Acevedo Casey Steinke Brad Carr Andrew Chi Dan Symer Bryan Cluff

CALL TO ORDER Chair Alessio called the regular session of the Scottsdale Planning Commission to order at 5:00 p.m.

ROLL CALL A formal roll call was conducted confirming members present as stated above.

MINUTES REVIEW AND APPROVAL 1. Approval of May 10, 2017 Regular Meeting Minutes including Study Session.

* Note: These are summary action minutes only. A complete copy of the meeting audio is available on the Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission” ATTACHMENT 7 Planning Commission May 24, 2017 Page 2 of 4

VICE CHAIR BRANTNER MOVED TO APPROVE THE MAY 10, 2017, REGULAR MEETING MINUTES, INCLUDING STUDY SESSION. SECONDED BY COMMISSIONER KUSH, THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF SEVEN (6) TO ZERO (0).

Continuances

2. 25-ZN-2015 (Scottsdale Fashion Square Mall) Request by applicant to continue to the June 28. 2017. Request by owner for a Zoning District Map Amendment on a +/- 56-acre site from Downtown/Regional Commercial Office - Type 2, Planned Block Development, Downtown Overlay (D/RCO-2 PBD DO) to Downtown/Downtown Regional Use - Type 2, Planned Block Development, Downtown Overlay (D/DRU-2 PBD DO) and approval of a Development Plan with building height up to 150 feet, reallocation of building square footage throughout the Scottsdale Fashion Square property, and new dwelling units located on the northwest corner of Camelback Road and Scottsdale Road (6900, 7000, 7003, 7014, 7032, 7102, 7150, 7055 E. Camelback Road, 4649 N. Goldwater Blvd., 7000 E. Via Soleri Drive, 4710, 4500, 4510, 4610, 4626, 4700, 4720 N. Scottsdale Road, and 7001 E Highland Avenue). Staff contact person is Bryan Cluff, 480-312-2258. Applicant contact person is John Berry, 480-385-2727.

3. 1-II-2016 (Scottsdale Fashion Square Mall) Request by applicant to continue to the June 28, 2017. Request by owner for approval of a Downtown Infill Incentive District application over a +/- 1.8-acre site of a +/- 56-acre site with Downtown/Downtown Regional Use - Type 2, Planned Block Development, Downtown Overlay (D/DRU-2 PBD DO) zoning by approving a Development Plan and amendments to Property Development Standards of the Zoning Ordinance regarding the inclined stepback plan adjacent to the Downtown Boundary, specifically at the northeast corner of the Development Plan area located on the northwest corner of Camelback Road and Scottsdale Road. Staff contact person is Bryan Cluff, 480-312-2258. Applicant contact person is John Berry, 480-385-2727.

Item No’s. 2 & 3: Move to continue cases 25-ZN-2015 and 1-11-2016 to the June 28, 2017 meeting. Approved 4-0; Motion by Vice Chair Brantner, 2nd by Commissioner Young. Commissioners Smith and Fakih recused themselves.

* Note: These are summary action minutes only. A complete copy of the meeting audio is available on the Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission” Planning Commission May 24, 2017 Page 3 of 4

Expedited Agenda

4. 7-AB-20l2#3 (Cochise Manor GLO Abandonment) Request by owner for re-approval of abandonment of 33 feet of GLO easement along the west, east and south property lines of a +/- 4.3-acre parcel located at 13102 E. Cochise Road with Single-family Residential, Environmentally Sensitive Lands (R1-43 ESL) zoning. Staff contact person is Brad Carr, AlCP, 480-312-7713. Applicant contact person is Dave Gulino, 602-330-5252.

Item No 4: Recommended City Council approve case 2-AB-2017, by a vote of 4-0; motion by Commissioner Kush, per the staff recommended stipulations, based upon the finding that the Abandonment is consistent and conforms with the adopted General Plan. 2'^'^ by Commissioner Smith. Vice Chiar Brantner and Commissioner Fakih recused themselves.

Reguiar Agenda

5. 5-UP-2Q17 (Clayton Encore) Request by owner for a Conditional Use Permit for live entertainment on a +/- 1.26-acre site with Highway Commercial, Downtown Overlay (C-3 DO) zoning located at 3719 N. 75th St. Staff contact person is Dan Symer, AlCP, 480-312-4218. Applicant contact person is Jeff Graham, 480-273-4233.

Item No 5: Recommended City Council approve case 5-UP-2017, by a vote of 6-0; Motion by Commissioner Young, per the staff recommended stipulations, based upon the finding that the Conditional Use Permit criteria have been met. 2"'^ by Commissioner Smith.

Request to speak cards: Christopher Szabo, Allan Edsall, Harry Smith, Max Frenkel, Gebran Gebran, Susan Sutton, John Washington, Miriam Frend, Noel McDonnell, Jeff Graham, Brian Krob, Kris Rigsby, Robert Jacobson

Written Comment Cards: Dale Jodowin, Allan Edsall, Harry Smith

6. 1-TA-2017 (Siizn Ordinance Update - Permanent Simis) Request by the City of Scottsdale to amend the City's Zoning Ordinance (Ordinance No. 455) for the purposes of amending and updating the sign regulations for permanent signs, related provisions, requirements, and definitions. Staff contact person is Andrew Chi, 480-312-7828. Applicant contact person is Andrew Chi, 480-312-7828.

* Note: These are summary action minutes only. A complete copy of the meeting audio is available on the Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission” Planning Commission May 24, 2017 Page 4 of 4

Request to speak card: James Carpentier

Item No 6: Recommended City Council approve case 1-TA-2017, by a vote of 6-0; Motion by Commissioner Smith, after determining that the proposed Text Amendment is consistent and conforms with the General Plan. 2"'' by Commissioner Young. Commissioner Fakih was absent for this item.

ADJOURNMENT With no further business to discuss, the regular session of the Planning Commission adjourned at 6:44 p.m.

* Note: These are summary action minutes only. A complete copy of the meeting audio is available on the Planning Commission page on ScottsdaleAZ.gov, search “Planning Commission” ITEM 9

Clayton Encore 5-UP-2017

City Council Meeting

July 5,2017

Coordinator: Dan Symer, AlCP Clayton Encore

Request to consider the following:

• Request by owner for a Conditional Use Permit for Live Entertainment on site with Highway Commercial, Downtown Overlay (C-3 DO) zoning located at 3719 N. 75th St.

5-UP-2017 Request Clayton Encore

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5-UP-2017 Context Aerial Clayton Encore

Incorporated Stipulations to Address Neighborhood Concerns:

• No external live entertainment is permitted.

• No bar use is not approved as part of this request.

• No external speakers to broadcast live entertainment are permitted.

• All external doors shall be closed, except for passage, during live entertainment.

• All external windows shall be closed during live entertainment.

5-UP-2017 Stipulations Clayton Encore

Incorporated Stipulations to Address Neighborhood Concerns:

■ Live Entertainment Hour Restrictions.

Allowed Start of the Required End of the

Live Entertainment Live Entertainment

11:00 p.m. for any Live Entertainment Sunday 10:00 a.m. starting after 10:00 a.m.

Monday 10:00 a.m. To 11:00 p.m.

Tuesday 10:00 a.m. To 11:00 p.m.

Wednesday 10:00 a.m. To 11:00 p.m.

Thursday 10:00 a.m. To 11:00 p.m.

Friday 10:00 a.m. To 2:00 a.m. on Saturday

Saturday 10:00 a.m. To 2:00 a.m. on Sunday

5-UP-2017 Stipulations Clayton Encore

Incorporated Stipulations to Address Neighborhood Concerns:

• Noise from live entertainment shall not exceed 68 decibels at a distance of one hundred fifty (150) feet from the property m

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