Attachment A - PHO Stipulation - PHO-4-25--Z-116-87-8.docx

ATTACHMENT A 
 
Stipulations – PHO-4-25—Z-116-87-8 
 
Location: Approximately 140 feet north of the northwest corner of 44th 
Steet and Washington Street 
 
STIPULATIONS: 
 
1. 
That THE development of PARCEL 2 of the master plan and parcels 1, 2, 
3 and 4 SHALL be in general conformance WITH to the site plan dated 
STAMPED JUNE 16, 2025 April 14, 2006 AS MODIFIED BY THE 
FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT. and that development of parcels 5 
and 6 submit site plans to be administratively approved by the planning 
hearing officer. 
 
 
2. 
That Office and commercial development on the total site SHALL not to 
exceed an F.A.R of 1.0 (exclusive of the two hotel structures). The F.A.R 
may be increased to a maximum of 1.15 (exclusive of the two hotel 
structures) with the provision of the following improvements/amenities: 
 
a. 
Additional F.A.R. of 0.05 with the provision of a minimum 30,000 
square foot “centralized” retail facility incorporated into a pedestrian 
plaza. 
 
 
 
b. 
Additional F.A.R. of 0.05 with the inclusion of Parcel “N” (the Exxon 
Parcel) and 0.05 with the inclusion of Parcel “O” (the Circle K Parcel) 
into the final design. The final design shall incorporate the uses, if 
retained, to provide internal access from within the site and provide 
landscaping and amenities general in compliance with the Gateway 
Guidelines. 
 
 
3. 
That Structures SHALL be limited to 12-stories, not to exceed 150 feet 
exclusive of unoccupied roof areas, subject to approval of a variance from 
the Sky Harbor Airport Zoning Ordinance for structures that exceed a 
mean elevation of 1,278 feet above sea level. 
 
 
4. 
A minimum 10,000 square feet of gross retail space SHALL be provided. 
Such retail space shall be exclusive of retail banking but inclusive of the 
existing convenience retail located at the immediate northeast corner of 
44th Street and Washington Street and / or the immediate southeast 
corner of 44th Street and Van Buren Street if and to the extent that such 
convenience retail is integrated into the master plan with landscaping and 
pedestrian connections. 
 
 
5. 
That Surface parking shall be screened from streets and private drives in

accordance with section 507 tab a.ii.a.6 (6.1.3) and 662.k, interim transit-
oriented zoning overlay one (TOD-1). 
 
 
6. 
That A master landscaping, streetscape and pedestrian circulation plan 
shall be submitted for review to the 44th Street corridor subcommittee of 
the Camelback East Village Planning Committee and administrative 
approval by the Planning Hearing Officer and the PLANNING AND 
Development Services Department. Such plan shall establish circulation 
within the development and to/from the 44th Street and Washington Street 
light rail station. Pedestrian amenities such as seating and adequate 
shading shall be emphasized. 
 
          
7. 
That The developers shall provide art features that are visible and 
accessible to outdoor pedestrians within the project. The art shall be 
administratively approved by the Planning Hearing Officer prior to 
preliminary site plan approval. 
 
 
8. 
That All structures within the master planned site parcels 1-6, are to 
include elements of compatible materials and colors as approved by the 
PLANNING AND Development Servies Department. Any reflective glass 
used within the development shall be limited to a maximum 20 percent 
reflectivity. 
 
 
9. 
That Carpooling and public transit programs shall be encouraged through 
placement of appropriate signs in the lobbies of the office, hotel, and 
residential developments. 
 
 
10. 
That Bicycle storage facilities will be provided on-site. 
 
 
11. 
That Additional right-of-way dedications will be determined by the 
PLANNING AND Development Services Department at the time of 
preliminary site plan review and that the developer shall construct all 
streets adjacent to and the private access way within the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping 
and other incidentals as per plans approved by the city, all improvements 
shall comply with ADA accessibility standards. 
 
 
12. 
That the City of Phoenix Archeologist (4619 E Washington Street Phoenix 
8034) be notified of site plan review meetings conducted by the 
PLANNING AND Development Services Department, in order to ensure/ 
consider architectural compatibility with the Pueblo Grande Museum and 
Archeology Park. 
 
 
13. 
That building elevations, on a building by building basis, shall be submitted 
to the Planning Hearing Officer for administrative review prior to such 
building’s preliminary site plan approval by the PLANNING AND

Development Services Department. 
 
 
14. 
PRIOR TO FINAL SITE PLAN APPROVAL, THE LANDOWNER SHALL 
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE 
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY 
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE 
INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD. 
 
 
15. 
IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY 
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING 
AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT OF THE 
DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY THE CITY 
ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING, 
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL. 
 
 
16. 
IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF 
THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY 
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED 
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY 
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL 
CONDUCT PHASE II ARCHAEOLOGICAL DATA RECOVERY 
EXCAVATIONS. 
 
 
17. 
IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE ENCOUNTERED 
DURING CONSTRUCTION, THE DEVELOPER SHALL IMMEDIATELY 
CEASE ALL GROUND-DISTURBING ACTIVITIES WITHIN A 33-FOOT 
RADIUS OF THE DISCOVERY, NOTIFY THE CITY ARCHAEOLOGIST, 
AND ALLOW TIME FOR THE ARCHAEOLOGY OFFICE TO PROPERLY 
ASSESS THE MATERIALS.