HEIGHT ISSUE:                                                      Current zoning allows 36ft plus unlimited height for screening. Example: The Scottsdale Quarter used + 18 ft for screening. The Planned Unit Development zoning (PUD) requested for this project allows 48 ft + 10 ft for mechanical screening or 58 ft tall. Original project requested 58 ft  (PUD allowed) Opposition requests 3 stories at 36 ft. Developer response  48ft + 6ft= 54 ft   Developer 2022 response reduced to 50 ft tallest (45ft + 5 ft) with perimeter predominantly 36 feet or three levels. DENSITY ISSUE: Original project greater than 45 dwelling units/acre  Opposition requests less than 30 DU/acre.    Developer 2022 response-Reduced to 34 DU/acre . If include all of developer’s property between Carl’s Jr and Starbucks the density is 23.8 DU/acre NUMBER OF APT UNITS: Originally 300 units Reduced 2021 to 278                Developer response 2022 Reduced to 238 units UNIT ALLOCATIONS: Original submittal was 19% 2 bedroom units  Opposition requests more one and two bedroom units. Developer 2022 response decreased studio units and increased one and two bedroom units Approx. percentages are 29% studio, 49% one bedroom, 23% two bedroom DESIGN FEATURES: Opposition requests removal of cantilever units over western paseo   Developer 2022 response -are removed Opposition requests 4th floor removed on western (golf course facing) side. Developer 2022 response: 4th floor pushed back leaving 36 feet/3 story on western, northern and eastern sides.  4th floor reduced by approximately 45% Opposition requests no stucco on exterior. Developer agreed no stucco on first two floors Opposition encouraged Green standards.  Developer committed to IGCC LANDSCAPE: Opposition requests larger boxed trees and upgraded plant standards. Developer 2022       agreed RETAIL Originally stipulated to a minimum of 25,000 sq ft of retail.  with the ability to add more retail in the “flex areas” should market conditions warrant. Opposition requested no first floor residential units. Developer 2022 agreed to no residential. Opposition requests to retain current tenants/businesses. Developer has offered leases to current tenants. Additionally, a new building constructed in Phase 1 of the project will be available for existing tenants (including Uncle Sal’s) to relocate into prior to construction of the remainder of the project – enabling for continuous operations. Originally, COGS concerned that retail % was low for mixed use, but there are no criteria for city. LEGAL ISSUES and PUBLIC BENEFITS Eight of the apartment units will be set aside for WorkForce Housing renters. Agreed to zoning reversion if construction has not started in 5.5 years Agreed to prohibit short term rentals by a Deed Restriction Agreed to accept a Condo Plat (apartments can be converted to ownership in future) Agreed to install a left turn traffic signal at Osborn Road and Hayden Road Designed for first floor setbacks in excess of required 32 feet (Osborn Rd 185ft and 235 ft and    Hayden Road 210 ft and 235 ft) Agreed to two public assessable art pieces with a preference for local artists Open Space exceeds the publicly usable 10% required of this project with 26%  provided (80,174sqft).  This does not include the private outdoor open space required for the     residential component nor the required parking lot landscaping open space. The parking garage is wrapped/surrounded by the building and where potentially visible from       the 3 story eastern side , it will have a 5 foot screen City of Scottsdale parking ordinance requires 465 spaces. Current project provides 470 including guests. Although not required for any project already in the city process, G-88 did not request the reduced, older parking code and would provide 470 spaces. Agreed to confirm to the International Green Construction Code (IGCC). Agreed to enhanced architectural design standards with no stucco or EFIS on first and second floors. Agreed to License Agreements for public paseo on the west and public plaza on the NW corner. Public will have walking and biking along the western/golf course paseo from Osborn Road southward. Public will have use of the sitting plaza on the northern side between the main buildings and the stand-alone restaurant in the NW corner of the project—overlooking Osborn Rd and the golf course.