Attachment A - Stipulations - PHO-4-21_Z-40-85-6

Attachment A- Stipulations- PHO-4-21--Z-40-85-6 
 
Location:  Northeast corner of 44th Street and Flower Street 
 
Stipulations: 
 
1. 
That The project shall be built in substantial compliance with the site plan and 
elevations dated January 27, 1985. 
 
 
2. 
That There SHALL be a one-foot vehicular non-access easement dedicated to 
the City of Phoenix along the south side of the parcel to preclude access to and 
from the project along Flower Street. 
 
 
3. 
That A landscaped setback of 25 feet shall be provided along Flower Street and 
a 20-foot landscaped setback shall be provided along 44th Street. 
 
 
4. 
That THE landscaping plan along the east boundary line of the site shall provide 
for a continuous oleander hedge with any existing void spaces to be replanted 
with 15-gallon oleander plants six feet on center. 
 
 
5. 
That The maximum height of the buildings shall be in accordance with R-O 
Ordinance. 
 
 
6. 
That Access SHALL be limited to 44th Street. 
 
 
7. 
That A mature landscape barrier SHALL be provided as follows: 
 
 
 
 
a. 
10 feet on the east property line. 
 
 
 
b. 
25 feet on the south property line.  
 
 
 
c. 
20 feet on the west property line. 
 
 
8. 
That the FAR not exceed 0.33. 
 
 
8. 
9. 
That There shall be a 10-foot setback along the east property line. 
 
 
10. 
That approval of this rezoning be conditioned upon development in accordance 
with Section 108-K of the Zoning Ordinance within 60 days of City Council’s 
August 26, 1987 approval action. 
 
 
9. 
11. 
That the Trash pickup shall be limited to the daylight hours on the weekdays. 
 
 
10. 
12. 
That Sufficient right-of-way SHALL be dedicated within one year of final City 
Council action to provide: 
 
 
 
a. 
A 50-foot half street for 44th Street. 
 
 
 
 
b. 
A 12-foot radius at 44th Street and Flower Street.

13. 
That the pool remaining in the cleared area be filled and the construction fence 
surrounding the property removed. 
 
 
14. 
That the site be landscaped/grassed with an appropriate watering system 
installed within 60 days of City Council action, as approved by the Development 
Coordination Office. 
 
 
15. 
That within 60 days, a six-foot wall be constructed along the residences to the 
east, and such building material, for the wall, be compatible to the residences. 
 
 
16. 
That within 30 days, landscaping be installed, including grass on the total site 
with an appropriate water system.  The Development Coordination Office, as 
previously stipulated, is to approve the plan. 
 
 
17. 
That if Item Nos. 15 and 16 are not done within the set time frame, these will be 
considered zoning violations, subject to prosecution. 
 
 
11. 
THE DEVELOPER SHALL RECORD A CROSS-ACCESS EASEMENT AND 
COMMON DRIVEWAY AGREEMENT FOR PARCELS NOS. 1A AND 1B, AS 
DEPICTED ON THE ILLUSTRATIVE CONCEPTUAL SITE PLAN DATE 
STAMPED JANUARY 22, 2021, AND AS APPROVED OR MODIFIED BY THE 
PLANNING AND DEVELOPMENT DEPARTMENT.