Attachment A - Stipulations - PHO-2-23--Z-98-05-7 _ Stips.pdf
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ATTACHMENT A Stipulations – PHO-2-23--Z-98-05-7 Location: Southeast Corner of 51st Avenue and Roosevelt Street STIPULATIONS: GENERAL CONFORMANCE 1. That The development shall be in general conformance with the site plan date stamped October 23, 2007 JANUARY 27, 2023, as approved or modified by the FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND Development Services Department. LANDSCAPE 2. That The applicant shall provide a landscape plan to be administratively approved by the Planning Hearing Officer (PHO) prior to preliminary site plan approval with specific regard to the following as approved by the PLANNING AND Development Services Department: a. That The perimeter landscape setbacks along 51st Avenue and Van Buren Street shall comply with the Commerce Park standards, except the area along 51st Avenue generally between Polk Street and McKinley Street as shown on the site plan date stamped October 23, 2007 where A-1 landscape setbacks shall be applicable. b. That Shaded seating areas shall be provided for employees and customers in accessible and convenient locations. c. That The 51st Avenue AND /Van Buren Street corner shall be developed with a 75-foot by 75-foot enhanced landscape area using the landscape palette from the Estrella Village Arterial Street Landscaping Plan PROGRAM. d. That the customer entrance drive on Van Buren Street and all entry drives on 51st Avenue shall be developed with 50-foot by 50-foot enhanced landscape areas located on both sides of the driveway entrance using the landscape palette from the Estrella Village Arterial Street Landscaping Program, except for the area along 51st Avenue generally between Polk Street and McKinley Street which shall provide entry landscape areas as shown on the site plan date stamped October 23, 2007, and that the Conceptual Landscape Plan for the enhanced landscape areas shall be approved administratively by the Planning Hearing Officer. THE ENTRY AT THE CORNER OF 51ST AVENUE AND MCKINLEY STREET AND THE ENTRY IMMEDIATELY EAST OF 51ST AVENUE ON ROOSEVELT STREET SHALL BE DEVELOPED WITH MINIMUM 50-FOOT BY 50-FOOT ENHANCED LANDSCAPE AREAS LOCATED ON BOTH SIDES OF THE DRIVEWAY ENTRANCES, WITH THE EXCEPTION OF THE EXISTING LANDSCAPE AREA ON THE SOUTH SIDE OF THE MCKINLEY STREET ENTRANCE, AS APPROVED OR MODIFIED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. ENHANCED LANDSCAPE AREAS SHALL UTILIZE THE LANDSCAPE PALETTE FROM THE ESTRELLA VILLAGE ARTERIAL STREET LANDSCAPING PROGRAM. e. That The existing landscape setback along Roosevelt Street shall be enhanced with new plant materials using the Estrella Village Arterial Street Landscaping Program. The landscaping quantity shall be based on the landscaping program guidelines on page one. STREETS 3. That right-of-way totaling 50 feet shall be dedicated for the east half of 51st Avenue. 4. That right-of-way totaling 50 feet shall be dedicated for the north half of Van Buren Street. 5. That a 21-foot by 21-foot right-of-way triangle shall be dedicated at the northeast corner of 51st Avenue and Van Buren Street. 3. 6. That The developer shall construct all streets adjacent to the development with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping and other incidentals as per plans approved by the PLANNING AND Development Services Department. All improvements shall comply with all ADA accessibility standards. TRANSIT 7. That the following transit infrastructure improvements shall be provided: A. Two transit stop locations, north of Van Buren Street east side of 51st Avenue and north of Fillmore Street east side of 51st Avenue. B. Transit Accessory pads P1261 located north of Van Buren Street east side of 51st Avenue and P1260 located north of Fillmore Street and east of 51st Avenue. C. Transit Bus Bay P1256 located on the east side of 51st Avenue north of Van Buren Street. ARCHAEOLOGY 4. 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. 5. 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. 6. 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. AVIATION 7. 8. That The property owner shall record documents that disclose to purchasers of the property within the development the existence and operational characteristics of Phoenix Sky Harbor International Airport. The form and content of such documents shall be reviewed and approved by the City Attorney. 8. 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.