Attachment A - PC Approved Stipulations - PHO-2-23--Z-73-01-6(8).pdf

City of Phoenix — Formal (2024-03-06)

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ATTACHMENT A 
 
Stipulations - PHO-2-23--Z-73-01-6(8) 
Location: Approximately 275 feet south of the 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 
and landscape plan dated STAMPED NOVEMBER 1, 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. 
A DETACHED SIDEWALK, SEPARATED FROM THE CURB BY 
landscaped tree lined strips that run SHALL BE PLACED along both 
sides ONE SIDE of all local THE PRIVATE STREETS, AS APPROVED 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT in the 
residential area. This landscaped strip shall include a meandering 
sidewalk as shown on the site plan. 
 
 
c. 
That the height for commercial buildings be limited to one story along 
Baseline Road, as specified on the site plan. 
 
 
d. 
c. 
That A Homeowners Association (HOA) be created to maintain all 
COMMON areas specified in 1.a). 
 
 
e. 
d. 
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. 
e. 
That Solid walls SHALL be allowed on the NORTH AND WEST interior 
perimeter walls (east and south) WHERE ADJACENT TO SINGLE 
FAMILY LOTS. A SOLID not the walls SHALL NOT BE ALLOWED along 
ANY OTHER PERIMETER. 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. 
That 81 parking stalls between the residential and commercial use shall 
be built with an alternative paving material. 
 
 
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. 
 
 
2.2 
2.1 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 DESIGN OF THE HOMES SHALL floor plans shall be consistent 
with the elevations that reflect a rural design AND SHALL BE 
REVIEWED AND APPROVED BY THE SOUTH MOUNTAIN VILLAGE 
PLANNING COMMITTEE BEFORE PRELIMINARY SITE PLAN 
APPROVAL based on the “Tuscan Architecture” style illustrated by the 
applicant.  
 
 
c. 
BARREL TILE ROOFS SHALL BE PROHIBITED. 
 
 
d. 
OVERHANGING WOODEN EAVES AND EXPOSED RAFTERS, OR 
SIMILAR, SHALL BE INCORPORTATED INTO ONE OR MORE OF 
THE RESIDENTIAL ELEVATIONS AS A DESIGN OPTION. 
 
 
e. 
ALL ELEVATIONS OF THE HOMES SHALL CONTAING A MINIMUM 
OF THREE OF THE FOLLOWING ARCHITECTURAL 
EMBELLISHMENTS AND DETAILING: TEXTURAL CHANGES, 
PILASTERS, OFFSETS, RECESSES, VARIATION IN WINDOW SIZE 
AND LOCATION, OVERHANG CANOPIES, AS APPROVED BY THE

PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
f. 
ALL ELEVATIONS SHALL INCORPORATE A MINIMUM OF THREE OF 
THE FOLLOWING BUILDING MATERIALS: NATIVE STONE, BURNT 
ADOBE, TEXTURED BRICK, WOOD (WHEN SHADED BY 
OVERHANGS OR DEEP RECESSES), SLUMP BLOCK, CERAMIC 
TILE (MATTE FINISH), STUCCO (MAXIMUM 70% OF ANY WALL), 
AND EXPOSED AGGREGATE CONCRETE, AS APPROVED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
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. 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 
realignment). 
 
 
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. 
a. 
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 a 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. 
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, AND 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 alternative paving material

and the material used at the street/trail interface shall be acceptable to 
the Parks, AND 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. 
That the development shall commence construction with 24 months of 
the rezoning request approval by City Council. 
 
 
c. 
PEDESTRIAN ACCESS SHALL BE PROVIDED TO THE 
DEVELOPMENT TO THE NORTH, SUBJECT TO ADA STANDARDS 
AND AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
d. 
THE LANDSCAPING FOR THE PROJECT SHALL BE EQUAL TO OR 
BETTER THAN THE LANDSCAPE DESIGN SHOWN ON THE 
LANDSCAPE PLAN DATED AUGUST 7, 2023, OR AS REQUIRED BY 
OTHER CITY CODE, WHICH EVER IS GREATER. 
 
 
e. 
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), AS APPROVED BY 
PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
f. 
A MINIMUM OF FIVE PERCENT OF THE LANDSCAPED COMMON 
AREA SHALL BE PLANTED IN FLOWERS. 
 
 
g. 
THE AMOUNT OF CUT AND FILL SHALL BE THE MINUIMUM 
AMOUNT NECESSARY TO ACCOMMODATE SITE 
INFRASTRUCTURE AND ACCESSIBLE PEDESTRIAN PATHWAYS, 
AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.

h. 
ON-SITE LIGHTING SHALL BE ACCOMPLISHED WITH LOW LEVEL, 
UNIFORM LIGHTING FIXTURES DISPERSED THOROUGHOUT THE 
SITE WITH A LUMEN RATING OF 3,000 OR LESS. 
 
 
i. 
THE SURFACE OF INDIVIDUAL DRIVEWAYS SHALL BE COMPOSED 
OF AN ALTERNATIVE TO ASPHALT OR CONCRETE, AS APPROVED 
BY THE PLANNING AND DEVELOPMENT DEPARTMENT. THIS 
RESTRICTION SHALL BE INCLUDED IN THE COVENANTS, 
CONDITIONS, AND RESTRICTIONS FOR THE SUBDIVISION.