Attachment A - Stipulations - PHO-1-22_Z-146-06-8.pdf

Attachment A- Stipulations- PHO-1-22--Z-146-06-8 
 
Location:  Approximately 200 feet west of the northwest corner of 11th Street and 
Van Buren Street 
 
Stipulations: 
 
1. That The development shall be in general conformance with the site plan DATE 
STAMPED JUNE 17, 2022, and elevations date stamped JUNE 2, 2022 October 
26, 2006, as approved or modified by the FOLLOWING STIPULATIONS AND 
APPROVED BY THE PLANNING AND Development Services Department, with the 
following specific provisions, all as approved by the Development Services 
Department WITH SPECIFIC REGARD TO THE FOLLOWING:. 
 
 
 
A. 
That All pedestrian routes shall have appropriate lighting and shading 
created either by landscaping and exterior building design. 
 
 
 
 
B. That IF PROVIDED, the ANY roof top pool and jacuzzi area shall be 
provided with PROVIDE a minimum of four ramadas and landscaping to 
shade A MINIMUM 25% of the deck. 
 
 
 
 
C. 
That the townhomes on the west and north part of the site shall be limited 
to 56’ in height. 
 
GROUND FLOOR UNITS ALONG POLK STREET SHALL PROVIDE 
PATIOS AND DIRECT ACCESS TO THE STREET FOR RESIDENT USE. 
 
 
2. 
That The architectural treatment of all buildings in this development shall utilize a 
consistent, architectural theme, and harmonious building materials and exterior 
colors, as approved by the PLANNING AND Development Services Department. 
 
 
3. That The architecture of the townhome buildings fronting on Polk Street shall 
provide design features and architectural embellishments consistent with the 
character of the neighborhood, as approved by the PLANNING AND Development 
Services Department. 
 
 
4. 
That Building materials shall not exceed a reflectivity rating greater than 20 
percent, as approved by the PLANNING AND Development Services Department. 
 
 
5. 
That A minimum of 75% of the sidewalk along the Polk Street and Van Buren 
Street frontages shall be shaded by a combination of awnings, arcades, and trees 
(measured at maturity). Shading shall be positioned to shade the sidewalk from 
April 15th through September 30th, as approved by the PLANNING AND 
Development Services Department. 
 
 
6. 
That the applicant shall provide exterior planters with appropriate watering systems 
on at least 50 percent of the balconies facing the streets, on the first eight floors, 
as approved by the Development Services Department.

6. 
7. 
That The applicant shall construct a 6-foot high masonry wall along the east, and 
where provided on the west side of the site. The wall shall be decorative wherever 
visible both on site and off site, as approved by THE PLANNING AND 
Development Services Department. 
 
 
7. 
8. 
That a plaza shall be provided at grade level at a location along Van Buren Street 
adjacent to the façade. The plaza shall have a minimum size of 1,000 square feet, 
with one side at least 20 feet in length, as approved by the Development Services 
Department. The following amenities shall be provided within the street level plaza: 
 
THE APPLICANT SHALL PROVIDE THE FOLLOWING ENHANCED 
PEDESTRIAN FEATURES, AS APPROVED OR MODIFIED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT: 
 
 
 
A. 
Decorative paving 
 
ALL PEDESTRIAN PATHWAYS SHALL BE CONSTRUCTED OF 
DECORATIVE PAVERS, STAMPED OR COLORED CONCRETE, OR 
ANOTHER MATERIAL, OTHER THAN THOSE USED TO PAVE THE 
PARKING SURFACES AND DRIVE AISLES. 
 
 
 
 
B. 
50% afternoon shade stationary seating to include a minimum of five 
benches and other planter or low wall ledge seating as deemed 
appropriate 
 
MINIMUM FIVE (5) SEATING NODES.  SEATING NODES SHALL BE 
100% SHADED BY ARCHITECTURAL FEATURES AND/OR 
LANDSCAPING.  SEATING NODES SHALL INCLUDE LIGHTING AND A 
UNIQUE ART ELEMENT, OR SIMILAR FEATURE.  SEATING NODES 
SHALL BE ADJACENT AND/OR ACCESSIBLE FROM PUBLIC RIGHTS-
OF-WAY. 
 
 
 
 
C. 
Trash receptacles as appropriate 
 
 
 
 
D. 
Artistic elements which can be incorporated into the design and furnishings 
of the plaza 
 
 
 
8. THE DEVELOPER SHALL PROVIDE SECURED BICYCLE PARKING AS 
REQUIRED IN CHAPTER 13, SECTION 1307.H FOR MULTIFAMILY 
DEVELOPMENT, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT. 
 
 
9. 
That The developer shall construct all streets within and adjacent to the 
development with paving, curb, gutter, sidewalk, curb ramps, streetlights, 
landscaping, and other incidentals as per plans approved by the City. All 
improvements shall comply with all ADA accessibility standards. 
 
 
10. 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. 
 
 
11. 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. 
 
 
12. 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. 
 
 
13. 
10. 
That The property owner shall record documents that disclose the existence and 
operational characteristics of 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. 
 
 
14. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER SHALL 
EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. 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.