Attachment A - Stipulations - PHO-3-21--Z-129-95-3

Attachment A- Stipulations- PHO-3-21_Z-129-95-3 
 
Location:  Approximately 330 feet east of the southeast corner of 7th Avenue and Bell 
Road 
 
Stipulations: 
 
1. 
That development be in general conformance to the site plan dated September 
18, 1995, as amended by the stipulations below.  
 
 
1. 
2. 
That An average 40-foot landscaped setback SHALL be provided along Bell 
Road. No more than 50 percent of this landscape setback shall be used for 
retention purposes. 
 
 
2. 
3. 
That An average 20-foot landscaped setback SHALL be provided along 7th 
Avenue. Landscaping within this setback shall include mature shade trees, 
planted 20 feet on-center or in equivalent groupings as approved by the 
PLANNING AND Development Services Department. This landscape setback 
shall also include berming and/or decorative walls to screen the parking areas 
as approved by the PLANNING AND Development Services Department. No 
more than 50 percent of this landscaped setback may be used for retention 
purposes. 
 
 
3. 
4. 
That The portion of landscaping or usable hardspace that surrounds each 
commercial pad area SHALL be approximately 35 percent of the building 
square footage. That Approximately one-third (1/3) of the site improvements 
surrounding the building should be landscaped. If no parking is provided in front 
of the pad, all landscaping behind the public sidewalk on the pad site may be 
utilized in meeting this stipulation. 
 
 
4. 
5. 
That Sidewalks within required setback areas SHALL be set back a minimum of 
eight (8) feet from the curb on Bell Road and 7th Avenue to create a landscaped 
buffer between pedestrians and adjacent automobile traffic, as approved by 
THE PLANNING AND Development Services Department. 
 
 
5. 
6. 
That Site access shall be limited to a maximum of three (3) driveways each to 
7th Avenue and Bell Road. Shared access shall be provided with the adjoining 
land to the east, if developed with commercial zoning.  
 
 
7. 
That three pads be allowed, but designed to minimize the effect of a strip mall, 
including maximizing view corridor and integrating landscaping.  
 
 
6. 
8. 
That The applicant shall agree to record covenants, conditions and restriction 
(CC & R’s) on the property ensuring the continued maintenance of the property 
and that trash or graffiti that appear within the boundaries of the development 
be removed within forty-eight (48) hours after discovery in order to discourage 
future defacement and destruction of the property.  
 
 
9. 
That, within 120 days of approval by the City Council of the requested C-2 
zoning, that applicant shall file a variance request with the Zoning Administrator 
seeking approval of an eight (8) foot high wall to be constructed on the south 
property line between the subject property and the D.R. Horton residential

development located to the south. Should the request for an over-height wall be 
approved, the perimeter wall shall be shown on the site plan for the ice rink to 
be submitted to the Site Plan Division of the Development Services Department.  
 
 
10. 
That the south perimeter wall shall be constructed prior to or concurrent with 
development located adjacent to the south property line. Said wall shall be fully 
grouted (for noise attenuation) and shall include a design, materials, and paint 
consistent with the existing D.R. Horton perimeter wall. The maintenance and 
repair of the proposed wall shall be the responsibility of the commercial property 
owner adjacent to the wall. 
 
 
7. 
11. 
That All freestanding security lighting shall be of recessed cut-off design and 
shall conform to the lighting standards of the City of Phoenix.  
 
 
12. 
That an average twenty-five (25) foot landscape buffer be provided along the 
south property line. Said landscape buffer shall be planted with a double row of 
drought-resistant shade trees spaced twenty (20) feet on center in a staggered 
alignment and shrubbery as approved by the Site Plan Division of the 
Development Services Department of the City of Phoenix. The commercial 
property owner adjacent to the proposed landscape strip shall maintain the 
landscaping and replace any dead trees or shrubs in a timely manner, not to 
exceed four (4) weeks after removal. 
 
 
13. 
That the ice rink roof shall not be illuminated.  
 
 
14. 
That the main driveway aisles on the ice rink site shall incorporate speed 
bumps. 
 
 
15. 
That any freestanding sign for the ice rink be limited to ten (10) feet in height 
maximum. 
 
 
16. 
That the applicant and the City of Phoenix Site Plan Division shall notify Ken 
Groom (415 W. Aire Libre, Phoenix, AZ 85023) and Jeff Marek (604 W. Kelton, 
Phoenix, AZ 85023) for future meetings with the City of Phoenix Development 
Services Site Plan Review Division regarding the subject site. 
 
 
17. 
That construction of the ice rink shall commence within 24 months of City 
Council approval in accordance with Section 506.B. 
 
 
8. 
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.