Attachment A - Stipulations - PHO-5-22_Z-137-86-7(4)

Attachment A- Stipulations- PHO-5-22--Z-137-86-7-4 
 
Location:  Approximately 500 feet south of the southeast corner of 51st Avenue and 
McDowell Road 
 
Stipulations: 
 
1. 
The northern portion of the development shall be in general conformance with 
the site plan and elevations date stamped JUNE 27, 2022 May 17, 2021, as 
modified by the following stipulations and approved by the Planning and 
Development Department. 
 
The southern portion of the development shall be in general conformance with 
the site plan dated October 9, 1996, and the site plan dated May 7, 1997, and 
elevation dated June 4, 1997, for the four story hotel, as modified by the 
following stipulations and approved by the Planning and Development 
Department. 
 
 
2. 
All landscape areas and building setbacks shall be measured from any new 
property lines resulting from additional right-of-way dedication. 
 
 
3. 
Mature landscaping, to include 24-inch box size shade trees placed 20 feet on 
center or equivalent groupings, shall be provided along 51st Avenue and 
McDowell Road. 
 
 
4. 
All parking areas fronting on 51st Avenue and McDowell Road shall be 
appropriately screened by walls and/or berms approved by the Planning and 
Development Department. 
 
 
5. 
Sufficient right-of-way shall be dedicated by the property owner within one year 
of final City Council action to provide: 
 
 
 
a. All right-of-way easements to be dedicated in fee title. 
 
 
 
 
b. A 21’ x 21’ triangle at the intersection of 51st Avenue and McDowell Road. 
 
 
 
 
c. A 10’ x 175’ bus bay along McDowell Road. 
 
 
 
 
d. Additional right-of-way, including right turn lanes as may be required by the 
Planning and Development Department. 
 
 
6. 
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. 
 
 
7. 
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. 
 
 
8. 
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. 
 
 
9. 
6. 
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.