Attachment A - Stipulations - PHO-3-21_Z-155-01-7.pdf

City of Phoenix — Formal (2021-08-25)

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Attachment A- Stipulations- PHO-3-21—Z-155-01-7 
 
Location:  Northeast corner of 103rd Avenue and Broadway Road 
 
Stipulations: 
 
 
1. The master development plan shall be in general conformance to the Sunset 
Farms Master Development Plan date stamped December 10, 2018 as 
approved or modified by the Planning and Development Department, except 
that the entire 517-acre PCD shall not exceed 2,264 dwelling units. 
 
 
2. All R-2, R1-6, and R1-8 parcels shall utilize the Planned Residential 
Development option.  
 
 
3. View fencing shall be required on all lots that back onto open space/retention 
areas, except for those adjacent to arterial streets as approved by the Planning 
and Development Department. 
 
 
4. All of Development Unit 3 of Figure 3 (Sunset Farms General Development 
Plan) shall be developed as auto-court cluster, single-family attached or shared 
driveway subdivisions as approved by the Planning and Development 
Department. 
 
 
5. Along arterial, collector and appropriate transitions onto adjoining local streets 
within the residential development, the sidewalks shall be detached and a 5-foot 
wide landscaped strip shall be located between the sidewalk and back of curb. 
The planting area shall be planted with minimum 1-inch caliper trees placed 20 
feet on center and appropriate ground cover as approved by the Planning and 
Development Department.  WHERE UTILITY CONFLICTS EXIST, THE 
DEVELOPER SHALL WORK WITH THE PLANNING AND DEVELOPMENT 
DEPARTMENT ON ALTERNATIVE DESIGN SOLUTIONS CONSISTENT WITH 
A PEDESTRIAN ENVIRONMENT. 
 
6. A minimum 40-foot by 40-foot triangular landscape entry area shall be provided on
each arterial street main entry corner into the PCD as approved by the Planning 
and Development Department. 
 
7. All retention areas shall be sloped no greater than 4:1 throughout the site, except 
within the Estrella Channel.  
 
Master Plans 
 
8. The applicant shall develop an architectural theme for the entire PCD. The theme 
shall assure that building colors, elevations, exterior materials, roofline treatment, 
and a street appurtenance package such as, but not limited to benches and 
signage, convey a sense of continuity throughout the different residential and 
commercial parcels and shall be submitted concurrent with the Master Plan 
submittal items as approved by the Planning and Development Department.

9. The Master Drainage Plan shall delineate a conceptual layout of the 150-foot 
wide tract area for the Estrella Channel (Buckeye Flood Control Channel) 
through the site. Said layout may also incorporate the 100-year 2-hour storm 
retention requirement. 
 
10. In addition to the Zoning Ordinance required plan elements, the developer shall 
submit the following Master Development Plans for review and approval by the 
appropriate city departments prior to issuance of preliminary plat approval. The 
plans shall address the following at a minimum and the Planning and 
Development Department may require additional items: 
 
 
 Master Pedestrian/Bike/Trails Circulation Plan 
 
 
 
A. A Master Pedestrian/Bike/Trails Circulation Plan shall be submitted to the 
City for review and approval concurrent with Planning and Development 
Department review of the Master Plan documents and shall identify: 
 
 
 
 
 
1) All proposed pedestrian walkways, multi-use trails, and bikeways within 
and abutting the site. The network shall include the width and locations 
throughout each of the future residential developments. 
 
 
 
 
 
 
2) Coordination of walkway and bikeway locations with drainage ways and 
open space to provide a trail network throughout the PCD. 
 
 
 
 
 
 
3) It shall incorporate and be in specific conformance with the Trails Plan 
labeled Figure 8 in the Sunset Farms Application Binder as approved by 
the Planning and Development Department and developed in the 
following manner, which is consistent with the Estrella Village Multi-
Purpose Trails Plan: 
 
 
 
 
 
 
 a) 10-foot wide multi-use trails shall be provided along the south side of 
the Estrella Channel (Buckeye Feeder Channel) and along the north 
side of Broadway Road in the powerline corridor. 
 
 
 
 
 
 
 
 b) 8-foot wide multi-use trails shall be provided along the half-mile 
collector streets between 91st and 99th Avenues and 99th and 107th 
Avenues. 
 
 
 
 
 
 
 
 c) The trails shall be improved using the Parks and Recreation 
Department recreation trails standards. 
 
 
 
Master Landscape Plan 
 
 
 B. 
A Master Landscape Plan shall be submitted to the City for review and 
approval concurrent with the Planning and Development Department review 
of the Master Plan documents and shall identify: 
 
 
 
 
 
1) Plant lists addressing areas of landscaping to be planted with arid types 
of vegetation.

2) List of plants not allowed in the development (i.e. pine trees, palm trees, 
eucalyptus, etc.) due to their incompatibility. 
 
 
 
 
 
3) Coordination of the landscape conservation plan with master drainage 
and trails plan.  The conservation plan shall preserve the mature trees 
along 99th Avenue, if possible, as approved by the Planning and 
Development Department. 
 
 
 
 
 
4) The developer shall participate in the Estrella Village Arterial Street 
Landscaping Program as it relates to arterial streets abutting the site and 
the recommended gateway landscaped entry feature on the northwest 
corner of 107th Avenue and Broadway Road. The developer shall also 
utilize the recommended plant list for areas within the powerline 
corridors as suggested in the Program. 
 
 
 
 
 
5) Open space and retention area improvements such as tot lots, ramadas, 
tennis or sports courts, barbecues, large seating areas, etc. as approved 
by the Planning and Development Department. 
 
 
 
Master Water and Wastewater Plans 
 
 
 
C. The developer shall submit for approval by the Water Services Director, 
potable water and wastewater system master plans for the PCD. Such plans 
must be completed by a registered engineer in conformance with Water 
Services Department master infrastructure plans for the area. 
 
 
D. The water supplies for any greenbelt areas of the development shall be 
limited to the Salt River Water Users Association (SRWUA) rights associated 
with the greenbelt acreage only. Water rights associated with non-greenbelt 
acreage must be transferred to the City of Phoenix Domestic Water Account 
with Salt River Project as a condition of domestic water service. This split of 
the water rights entitlement and transfer into the City of Phoenix water 
account can be affected by requesting from the SRWUA, a split for 
Association Convenience and transfer to the City Account. A letter from the 
SRWUA stating that the water rights transfer has occurred shall be provided 
to the Water Services Director prior to final plat approval of each phase. This 
phased transfer of water rights is to allow for the retention of those water 
rights necessary for the interim agricultural use on the property until each 
phase is developed. 
 
 
Commercial Parcels 
 
 
11. For the C-2 portion of the development at the intersection of 91st Avenue and 
Broadway Road, an average 75-foot by 75-foot triangular landscaped entryway 
feature shall be provided and the landscaping of the feature shall connect to the 
trail within the powerline corridor adjacent to Broadway Road.

12. The use of “corporate” colors (excluding signage); specifically, but not limited to 
those typically associated with chain/franchise establishments shall only be used 
as an accent. Building design, common areas, and parking lots of the center shall 
integrate the approved PCD architectural theme as approved by the Planning and 
Development Department. 
 
 
13. Any gas station pump island canopies and columns shall be constructed with the 
approved PCD architectural theme to minimize “corporate” colors as approved by 
the Planning and Development Department. The maximum height of the 
underside of the canopy (canopy ceiling) shall be 19 feet. 
 
14. Any light fixtures mounted in or on the ceiling of the pump island canopy shall be 
fully recessed and directed downward. Dropped lenses extending below the 
ceiling of the canopy shall not be permitted. 
 
15. A 75-foot by 75-foot landscaped gateway shall be provided on the northeast 
corner of 107th Avenue and Broadway Road consistent with the Estrella Village 
Arterial Street Landscape Program as approved by the Planning and 
Development Department. 
 
16. The commercial areas, labeled as parcels 1, 2 and 16 on Figure 3, shall be 
allowed a maximum of four commercial pads in addition to a primary use. 
 
 
Transit Department 
 
 
17. The following right-of-way shall be dedicated along with construction for a bus bay 
(P1257) and transit pad (P1261) as approved by the Public Transit Department. 
 
 
 
A. Westbound Broadway Road west of 91st Avenue. 
 
 
 
 
B. Westbound Broadway Road west of 99th Avenue. 
 
 
 
 
C. Eastbound Broadway Road east of 99th Avenue. 
 
 
 
 
D. Northbound 99th Avenue north of Broadway Road. 
 
 
 
 
E. Northbound 107th Avenue north of Broadway Road. 
 
 
18. The following right-of-way shall be dedicated along with construction for transit 
pads (P1262) as approved by the Planning and Development Department. 
 
 
 
A. Westbound Broadway Road west of 93rd Avenue. 
 
 
 
B. Westbound Broadway Road west of 95th Avenue. 
 
 
 
 
C. Westbound Broadway Road west of 97th Avenue. 
 
 
 
 
D. Westbound Broadway Road west of 101st Avenue.

E. Westbound Broadway Road west of 103rd Avenue. 
 
 
 
 
F. Westbound Broadway Road west of 105th Avenue. 
 
 
 
 
G. Eastbound Broadway Road east of 97th Avenue. 
 
 
 
 
H. Southbound 99th Avenue south of Jones Avenue. 
 
 
 
 
I. 
Northbound 99th Avenue north of Wier Avenue. 
 
 
Street Transportation 
 
 
19. Right-of-way for all arterial and collector streets shall be dedicated as per the 
approved Master Street Plan. 
 
 
20. Along the park site and the Estrella Channel or the power line corridor along the 
Elwood alignment, no more than 66 percent of the lots for each development 
parcel shall back onto the Channel as approved by the Planning and 
Development Department. 
 
 
21. Right-of-way dedications and street alignments for local streets within the 
subdivision shall be determined by the Planning and Development Department at 
the time of Preliminary Subdivision Plat Review. 
 
 
22. The applicant shall submit a Traffic Impact Study to the City for this development. 
No zoning shall be vested until the study is reviewed and approved by the City. 
Please contact the Traffic Engineer II in the Street Transportation Department 
(602) 534-5688, to set up a meeting to discuss the requirements of the study. 
 
 
23. 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. 
 
 
24. The applicant shall complete and submit the Developer Project Information Form 
for the MAG Transportation Improvement Program to the Chief Engineering Tech 
with the Street Transportation Department at (602) 262-6193. This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
25. A 15-acre parcel for an elementary school site and an adjacent 10-acre 
neighborhood park shall be designated within the Littleton School District 
boundaries as approved by the superintendent and Parks and Recreation 
Department. The two sites shall be reserviced for a period of one year following 
the approval of the first final plat in phase two unless otherwise released by the 
Littleton School District or the Parks and Recreation Department. If the school 
district does not acquire the site, then the park will increase in size to 15 acres. 
 
 
26. Should an intergovernmental agreement be formed in the future to facilitate the 
construction of the Estrella Drainage Channel (Buckeye Flood Control Channel),

the developer agrees to cooperate in the design of the drainageway through this 
project. The design will include the laying out of the adjacent subdivision plats to 
accommodate a 150-foot “clean take” line on the lots adjacent to the channel in 
parcels 6, 7, and 11. The applicant shall be allowed to plan the southern most 
50-feet of the 150-foot “clean take” area. 
 
 
27. Prior to issuance of building permits for each individual parcel, the property 
owner shall record documents that disclose to purchasers of the property within 
the development the location, existence and operational characteristics of the 
multiple dairies on the site and in the area along with the 91st Avenue 
Wastewater Treatment Plant. That the developer shall prepare an odor study to 
evaluate the potential for complaints of the 91st Avenue wastewater treatment 
plant. The City Attorney shall approve the form and content of such documents. 
 
 
28. Prior to final site plan approval, the property owner shall record documents that 
disclose to purchasers of undeveloped or newly developed property within the 
development the existence and operational characteristics of Phoenix Goodyear 
Airport. The form and content of such documents shall be reviewed and 
approved by the City Attorney. 
 
29. The applicant shall contact the City Archaeologist (602-597-0901) for the potentia
survey request for Parcel 15. 
 
 
30. 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 for parcels 8 and 15. 
 
 
31. 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 for parcels 8 and 15. 
 
 
32. 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. 
 
33. 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.