Attachment A - PC Approved Stipulations - PHO-1-23--Z-73-01-6(8).pdf

City of Phoenix — Formal (2024-03-06)

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ATTACHMENT A 
 
Planning Commission Approved Stipulations – PHO-1-23--Z-73-01-6(8) 
Location: Southwest corner of 32nd Street and Baseline Road 
 
Stipulations:  
 
1. 
Site Planning: 
 
 
 
a. 
That The development shall be in general conformance with the site plan 
dated STAMPED OCTOBER 6, 2023 August 27, 2001, AS APPROVED 
OR MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT. with specific 
regard to areas to be counted towards approximation of the 50% open 
space requirements in the MUA as may be approved by DSD, and 
represented by: 
 
 
 
 
 
 A circular open space tract in the residential area. 
 
 
 
 
 
 
 Linear pedestrian tracts in the east and south connecting to adjacent 
properties. 
 
 
 
 
 
 
 A pedestrian link from the residential to the commercial areas in the 
north and crossing 32nd Street. 
 
 
 
 
b. 
Landscaped-tree lined strips that run along both sides of all local streets in 
the residential area. This landscaped strip shall include a meandering 
sidewalk as shown on the site plan. 
 
 
 
 
c. 
b. 
That the height for commercial buildings be limited to one story along 
Baseline Road, as specified on the site plan. 
 
 
 
 
d. 
That a Homeowners Association (HOA) be created to maintain all areas 
specified in 1.a. 
 
 
 
 
e. 
That a design for the gated entry for the residential area shall be provided 
to the PHO for review prior to Preliminary Site Plan approval. 
 
 
 
 
f. 
c. 
That solid walls be allowed on the interior perimeter walls (east and south) 
not the walls along 32nd Street or Baseline Road. These solid walls must 
incorporate controlled gates where they intersect the linear pedestrian 
tracts in the east and south that connect to adjacent properties so 
pedestrian connections with future adjacent developments is allowed. 
 
 
 
 
g. 
d. 
THE SURFACE OF PARKING STALLS SHALL BE COMPOSED OF AN 
ALTERNATIVE TO ASPHALT OR CONCRETE, AS APPROVED BY THE

PLANNING AND DEVELOPMENT DEPARTMENT. That 81 parking stalls 
between the residential and commercial use shall be built with an 
alternative paving material. 
 
 
 
 
e. 
A MINIMUM OF 10% OF THE REQUIRED PARKING SPACES SHALL 
BE LEVEL 2 OR GREATER EV READY. 
 
 
 
 
f. 
A MINIMUM FIVE BICYCLE SPACES SHALL BE PROVIDED 
CONSISTING OF INVERTED U AND/OR ARTISTIC RACKS LOCATED 
NEAR THE BUILDING ENTRANCES OR IN A SECURE LOCATION 
INSIDE THE BUILDING AND INSTALLED PER THE REQUIREMENTS 
OF SECTION 1307.H., AS APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
 
 
 
 
g. 
THE LANDSCAPING SHALL BE LIMITED TO THE SONORAN PLANT 
LIST WITH THE ADDITION OF CERCIDIUM HYBRID (DESERT 
MUSEUM PALO VERDE), QUERCUS VIRGINIANA (LIVE OAK), AND 
PISTACIA X 'RED-PUSH (RED PUSH PISTACHE). 
 
 
 
2. 
Building Design: 
 
 
 
2.1 Commercial Buildings 
 
 
 
a. 
That the applicant shall submit detailed elevations of the commercial 
buildings detailing the open areas between the buildings. These 
connections shall be made through “transparent” type of architectural 
elements working as shading devices. These elements may include 
arcades, ramadas, isolated-decorative walls, columns, and other elements 
that help define and support a shaded pedestrian environment but allow 
the flow of vistas. This information shall be submitted for review to the 
Planning Hearing Officer at the time of Preliminary Site Plan approval. 
 
 
 
 
b. 
THE BUILDING ELEVATIONS SHALL BE IN GENERAL 
CONFORMANCE WITH ELEVATIONS DATE STAMPED JANUARY 31, 
2024, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
  
 
c. 
ANY BUILDING NOT REFLECTED IN THE ABOVE REFERENCED 
ELEVATIONS SHALL BE PRESENTED FOR REVIEW AND COMMENT 
TO THE SOUTH MOUNTAIN VILLAGE PLANNING COMMITTEE PRIOR 
TO PRELIMINARY SITE PLAN APPROVAL.  
 
 
  
 
d. 
ALL BUILDING ELEVATIONS SHALL INCLUDE SIMILAR BUILDING 
MATERIALS AND HAVE A SIMILAR OR COMPATIBLE DESIGN AS THE 
ELEVATIONS DATE STAMPED JANUARY 31, 2024, AS APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT.

2.2 Residential Buildings 
 
 
 
a. 
That only one-story houses shall be built on the south property line and 
30% of overall units shall be at one story. 
 
 
 
 
b. 
The floor plans shall be consistent with the elevations that reflect a rural 
design based on the “Tuscan Architecture” style illustrated by the 
applicant. 
 
 
 
3. 
Streets and Rights-of-Way: 
 
 
 
a. 
That a right-of-way totaling 60 feet shall be dedicated for the south half of 
Baseline Road. 
 
 
 
 
b. 
That right-of-way for 32nd Street realignment shall be dedicated as per 
plans approved by the City of Phoenix. The future intersection for 32nd 
Street at Baseline Road shall be flared to the minimum extent necessary 
and tapered in the shortest reasonable distance to function with the 
existing improvements on the north side of Baseline and with the future 40 
foot of pavement within the 60-foot of right-of-way planned for 32nd Street 
on the south side of Baseline Road. Additional improvements may be 
required to accommodate left turn access to the proposed driveways. 
 
 
 
 
c. 
That a 21 foot by 21-foot right-of-way triangle shall be dedicated at the 
southeast and southwest corners of 32nd Street and Baseline Road. 
 
 
 
 
d. 
That sufficient right-of-way shall be dedicated to accommodate a bus bay 
(Detail P-1256) on Baseline Road east of 32nd Street (new alignment). 
 
 
 
 
e. 
That rights-of-way dedications and street alignments for local streets 
within the subdivision will be determined by DSD at the time of Preliminary 
Subdivision Plat Review. 
 
 
 
 
f. 
That the developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
median islands, landscaping, and other incidentals as per plans approved 
by the city. All improvements shall comply with all ADA accessibility 
standards. 
 
 
 
 
g. 
The applicant shall complete and submit the Developer Project 
Information form for the MAG Transportation Improvement Program to the 
Street Transportation Department (602-262-6193). This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
 
 
 
h. 
That sufficient right-of-way must be provided for an underground tunnel

crossing Baseline Road running on the west side of the 32nd Street 
(realignment) as may be approved by the Parks, Recreation and Library 
Department and Street Transportation Department. This right-of-way 
should be approximately 100 feet by 50 feet from the right-of-way of 
Baseline Road at the southwest corner of Baseline Road and 32nd Street 
realignment. 
 
 
 
4. 
ARCHAEOLOGY: 
 
 
 
a. 
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. 
 
 
 
 
b. 
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. 
 
 
 
 
c. 
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. 
 
 
 
4. 
5. 
Trails: 
 
 
 
 
a. 
A 30-FOOT-WIDE MULTI-USE TRAIL EASEMENT (MUTE) SHALL BE 
DEDICATED ALONG THE SOUTH SIDE OF BASELINE ROAD AND THE 
WEST SIDE OF 32ND STREET AND A MINIMUM 10-FOOT-WIDE 
MULTI-USE TRAIL (MUT) SHALL BE CONSTRUCTED WITHIN THE 
EASEMENT IN ACCORDANCE WITH THE MAG SUPPLEMENTAL 
DETAIL AND AS APPROVED OR MODIFIED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT. 
That a 25-foot easement shall be provided on the west side of 32nd Street 
and along Baseline Road to incorporate a multi-use trail as indicated on 
the South Mountain Village/Laveen Village Trail System map. Plans must 
be submitted to the Parks, Recreation and Library Department for final 
approval.

b. 
That the developer shall provide an alternative paving material where the 
entrance driveway crosses the equestrian trail. The alternative paving 
material shall be as wide as the equestrian trail and must be used across 
the entire width of the street or driveway. The alternate paving material 
and the material used at the street/trail interface shall be acceptable to the 
Parks, Recreation and Library Department and Street Transportation 
Department. 
 
 
 
5. 
6. 
Other issues: 
 
 
 
a. 
That upon approval of this request by City Council, the South Mountain 
Village Planning Committee will be notified of any subsequent 
modifications and/or deletions of stipulations and/or variances. 
 
 
 
 
b. 
PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER 
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A 
FORM APPROVED BY THE CITY ATTORNEY'S OFFICE.  THE 
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY 
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE 
INCLUDED IN THE REZONING APPLICATION FILE FOR RECORD. 
 
 
 
 
b. 
c. 
That the development shall commence construction within 24 months of 
the rezoning request approval by City Council. 
 
 
 
 
d. 
PEDESTRIAN ACCESS SHALL BE PROVIDED TO THE 
DEVELOPMENT TO THE SOUTH, SUBJECT TO ADA STANDARDS 
AND AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.  
 
 
 
 
e. 
THE AMOUNT OF CUT AND FILL SHALL BE THE MINUIMUM AMOUNT 
NECESSARY TO ACCOMMODATE SITE INFRASTRUCTURE AND THE 
ACCESSIBLE PEDESTRIAN PATHWAY CONNECTING TO THE 
DEVELOPMENT TO THE SOUTH, AS APPROVED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT. 
 
 
 
 
f. 
ON-SITE LIGHTING SHALL BE ACCOMPLISHED WITH LOW LEVEL, 
UNIFORM LIGHTING FIXTURES DISPERSED THROUGHOUT THE 
SITE WITH A LUMEN RATING OF 3,000 OR LESS. 
 
 
 
 
g. 
THE LANDSCAPING FOR THE PROJECT SHALL BE EQUAL TO OR 
BETTER THAN THE LANDSCAPE DESIGN SHOWN ON THE 
LANDSCAPE PLAN PRESENTED TO THE SOUTH MOUNTAIN 
VILLAGE PLANNING COMMITTEE BY THE APPLICANT ON

NOVEMBER 14, 2023, OR AS REQUIRED BY OTHER CITY CODE, 
WHICH EVER IS GREATER.