Attachment A - Stipulations - PHO-3-22_Z-96-06-7.pdf

City of Phoenix — Formal (2022-08-31)

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Attachment A- Stipulations- PHO-3-22--Z-96-06-7 
 
Location:  Southwest corner of 59th Avenue and Southern Avenue 
 
Stipulations: 
 
General 
 
1. 
The development shall be in general conformance with the site plan date stamped 
January 15, 2019 as modified by the following stipulations and approved by the 
Planning and Development Department, with specific regard to the following: 
 
 
 
a. 
The maximum residential building height shall be 2 stories and 30 feet 
adjacent to 59th Avenue and Southern Avenue. 
 
 
 
 
b. 
The R-3A portion of the site shall not exceed 20.8 dwelling units per gross 
acre and the entire residential development shall not exceed 18 dwelling 
units per gross acre combined. 
 
 
 
 
c. 
The entire residential development shall provide a minimum 28% common 
area combined, of which a minimum 10% shall be active open space. 
 
 
 
 
d. 
All driveways shall be full movement where feasible and as approved by the 
Street Transportation Department. 
 
 
 
 
e. 
The residential communities shall be gated. 
 
 
 
2. 
Conceptual Elevations shall be reviewed and approved by the Planning Hearing 
Officer through the public hearing process for stipulation modification prior to final 
site plan approval. This is a legislative review for conceptual purposes only. 
Specific development standards and requirements will be determined by the 
Planning Hearing Officer and the Planning and Development Department. 
 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE 
ELEVATIONS DATE STAMPED JULY 20, 2022, AS MODIFIED BY THE 
FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND 
DEVELOPMENT DEPARTMENT, WITH SPECIFIC REGARD TO THE 
FOLLOWING:  
 
 
 
a. 
All elevations of the building shall contain architectural embellishments and 
detailing such as textural changes, pilasters, offsets, recesses, variation in 
window size and location, and/or other overhang canopies. 
 
INDIVIDUAL UNIT TYPES SHALL BE LOCATED ON THE SITE PLAN PER 
THE PROVIDED KEY PLANS. 
 
 
 
 
b. 
All elevations of the building shall include a minimum of three finishing 
materials.

ALL ELEVATIONS SHALL UTILIZE A MINIMUM OF THREE DIFFERENT 
SIDING MATERIALS. 
 
 
 
 
c. 
Buildings shall include pitched, hipped, gable, or similar roof elements or 
facades. 
 
ROOF MATERIAL AT COVERED ENTRIES SHALL BE STANDING SEAM 
METAL. 
 
 
 
 
D. 
EAVES SHALL EXTEND 18 INCHES FROM PRIMARY FACADES. 
 
 
 
 
E. 
DARK BROWN AND/OR BLACK WINDOW FRAMES SHALL BE USED ON 
STREET FACING ELEVATIONS FOR UNITS THAT ARE WHITE IN 
COLOR. 
 
 
 
 
F. 
UNITS SHALL UTILIZE FARMHOUSE STYLE GOOSENECK LAMPS AT 
ENTRIES. 
 
 
 
3. 
A minimum 30-foot landscaped setback shall be provided along the east property 
line, as approved by the Planning and Development Department.  
 
4. 
Sidewalks along 59th Avenue and Southern Avenue shall be detached with a 
minimum five foot wide landscaped strip located between the sidewalk and back 
of curb and shall include a minimum 50% two inch caliper and 50% three inch 
caliper shade trees planted a minimum of 20 feet on center or equivalent 
groupings along both sides of the sidewalk, as approved by the Planning and 
Development Department. 
 
 
5. 
Perimeter fencing along 59th Avenue and Southern Avenue shall consist of a 
minimum 60% open view fencing, as approved by the Planning and Development 
Department. 
 
 
6. 
Pedestrian access gates shall be installed to provide connectivity to the shared 
use path adjacent to the Loop 202 frontage and the Maricopa Community College 
property to the south and at all vehicular access points, as approved or modified 
by the Planning and Development Department. 
 
 
Disclosures 
 
7. 
Prior to final site plan approval, the property owner shall record documents that 
disclose to tenants of the site or purchasers of property within the site, the 
existence, proximity and operational characteristics of a regional freeway, active 
agricultural uses, non-domesticated animal keeping, a golf course, and industrial 
activities. The form and content of such documents shall be according to the 
templates and instructions provided which have been reviewed and approved by 
the City Attorney. 
 
 
8. 
The property owner shall record documents that disclose the existence and 
operational characteristics of Phoenix Sky Harbor International Airport to future

owners or tenants of the property. The form and content of such documents shall 
be according to the templates and instructions provided which have been 
reviewed and approved by the City Attorney. 
 
Archaeology 
 
9. 
The developer shall complete an archaeological survey of the site; the survey 
shall be submitted to, and approved by, the City Archaeologist prior to any 
construction related ground disturbance of the site. 
 
 
10. All construction related ground disturbance within AZ T: 12:90 (ASM) or within 250 
feet of AZ T: 12:90 (ASM), AZ T: 12:205 (ASM), and AZ T: 12:221 (ASM) shall be 
tested and monitored for archaeological resources, as approved by the City 
Archaeologist. 
 
Parks and Recreation 
 
11. The developer shall dedicate a 30-foot public shared use path easement and 
construct a 10-foot concrete shared use path adjacent to the Loop 202 frontage, 
the easement shall be landscaped with a mix of 2 and 3-inch caliper trees and 
appropriate ground cover, as approved by the Planning and Development 
Department. However, the trail may be located on the west side of the Loop 202 
frontage between Southern Avenue and Vineyard Road if a dedicated, publicly 
accessible route (e.g. underpass) acceptable to the City is provided between the 
west and east side of the Loop 202, this route must be located between Southern 
Avenue and Vineyard Road. 
 
 
12. The developer shall dedicate a 30-foot wide multi-use trail easement (MUTE) 
along the south side of Southern Avenue and construct a minimum 10-foot wide 
multi-use trail (MUT) within the easement, in accordance with the MAG 
supplemental detail as approved or modified by the Parks and Recreation and 
Planning and Development Departments. 
 
Transit 
 
13. The developer shall dedicate right-of-way and construct a bus stop pad along 
eastbound Southern Avenue east of the proposed driveway between Parcels B 
and C. The bus stop pad shall be constructed according to City of Phoenix 
standard detail P1260 with a depth of at least 10 feet. The bus stop pad shall be 
spaced from the intersection of Southern Avenue and any proposed driveway as 
per City of Phoenix standard detail P1258, as approved by the Public Transit 
Department. 
 
 
14. The developer shall dedicate right-of-way and construct a bus bay along 
southbound 59th Avenue, south of Southern Avenue. The bus bay shall be 
constructed according to City of Phoenix standard detail P1256. The attached bus 
stop pad shall be constructed according to City of Phoenix standard detail P1261 
with a depth of at least 10 feet. The bus bay shall be spaced from the intersection

of 59th Avenue and Southern Avenue as per City of Phoenix standard detail 
P1258, as approved by the Public Transit Department. 
 
 
15. The developer shall dedicate right-of-way and construct one bus stop pad along 
southbound 59th Avenue, south of the project driveway. The bus stop pad shall 
be constructed according to City of Phoenix standard detail P1260 with a depth of 
at least 10 feet. The bus stop pad shall be spaced from the intersection of 59th 
Avenue and the project driveway as per City of Phoenix standard detail P1258, as 
approved by the Public Transit Department. 
 
Street Transportation 
 
16. Right-of-way totaling 55 feet and a sidewalk easement totaling 10 feet shall be 
dedicated for the south half of Southern Avenue, as approved by the Planning and 
Development Department. 
 
 
17. Right-of-way totaling 50 feet and a sidewalk easement totaling 10 feet shall be 
dedicated for the west half of 59th Avenue, as approved by the Planning and 
Development Department. 
 
 
18. A 21-foot by 21-foot right-of-way triangle shall be dedicated at the southwest 
corner of 59th Avenue and Southern Avenue, as approved by the Planning and 
Development Department. 
 
 
19. 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 Planning and 
Development Department. All improvements shall comply with all Americans with 
Disabilities Act accessibility standards. 
 
20. The applicant shall complete and submit the Developer Project Information Form 
for the MAG Transportation Improvement Program to the Traffic Engineer II, (602) 
262-6193, with the Street Transportation Department. This form is a requirement 
of the EPA to meet clean air quality requirements. 
 
 
21. The applicant shall submit a Red Border letter to ADOT for review. This form is a 
requirement of ADOT for all projects within 1/2 mile of any freeway, proposed or 
existing. Contact right-of-way Agent III (Louis J. Malloque), ADOT, 205 South 17th 
Avenue, Mail Drop 612E, Phoenix, AZ 85007, PH: (602) 712-8755, E-mail: 
lmalloque@azdot.gov for additional information. 
 
 
22. 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. 
 
 
23. The developer shall notify the following individuals at a minimum 15 calendar days 
prior to any Planning Hearing Officer request to modify or delete stipulations or

rezoning action. The notice shall include the date, time, and location of the 
hearing. 
 
a. 
Phil Hertel 
2845 W. Broadway Rd. 
Phoenix, AZ 85041 
 
 
b. 
Jon Kimoto 
3216 W. Ansell Rd. 
Laveen, AZ 85339 
 
 
c. 
Sandy Hamilton 
5218 W. Magdalena Ln. 
Laveen, AZ 85339