Attachment A - PHO Stipulations - PHO-5-22--Z-122-03-7.pdf

City of Phoenix — Formal (2023-02-15)

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Attachment A – Stipulations - PHO-5-22--Z-122-03-7 
 
Location: Northwest corner of 51st Avenue and Southern Avenue 
 
STIPULATIONS: 
 
1. 
SITE PLAN 1. That The development shall be in general conformance 
with the site plan DATE STAMPED JANUARY 12, 2023, dated March 10, 
2006, as approved or modified by the FOLLOWING STIPULATIONS 
AND APPROVED BY THE PLANNING AND Development Services 
Department, with specific regard to size, location and number of pad 
buildings. 
 
 
2. 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE ELEVATIONS DATE STAMPED JANUARY 12, 2023, AS 
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY 
THE PLANNING AND DEVELOPMENT DEPARTMENT. 
 
 
3. 
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH 
THE SIGN PLAN DETAIL SHEETS NOS. 2 AND 3 DATE STAMPED 
JANUARY 12, 2023, IN REGARD TO COLOR, MATERIALS, AND 
CHARACTER, AS APPROVED OR MODIFIED BY THE PLANNING 
AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC REGARD 
TO THE FOLLOWING: 
 
 
 
 
A. 
THE MAXIMUM HEIGHT FOR ANY MONUMENT SIGN ALONG 
51ST AVENUE SHALL NOT EXCEED 12 FEET. 
 
 
 
 
B. 
THE MAXIMUM HEIGHT FOR ANY MONUMENT SIGN ALONG 
SOUTHERN AVENUE SHALL NOT EXCEED 15 FEET. 
 
 
4. 
2. 
That All accessory equipment, such as air, water, vacuums, and venting 
pipes shall be located no closer than fifty (50) feet to public street 
frontages and residential neighborhoods to minimize potential impacts. 
 
 
5. 
3. 
That The developer shall screen any drive-through queuing lanes from 
view of 51st and Southern Avenues and/or residential uses through the 
incorporation of a landscaped berm, screen wall, or combination of a 
berm and wall at least four (4) feet in height, as approved or modified by 
the PLANNING AND Development Services Department. 
 
 
6. 
4. 
That The developer shall provide a landscape feature incorporating turf 
and monumentation on the immediate northwest corner of the 
intersection of 51st and Southern Avenues, as approved or modified by 
the PLANNING AND Development Services Department.

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7. 
5. 
That The developer shall provide primary pedestrian walkways from 
Southern Avenue and the multi-use trail along 51st Avenue to the 
commercial buildings, as approved or modified by the PLANNING AND 
Development Services Department. 
 
 
6. 
That the developer shall provide a total of four (4) landscaped fingers, 
one on each side of the two (2) driveway entrances from the shopping 
center to the Pad 1/Pad 2 gasoline canopy area, that are seven (7) feet 
wide, as approved by the Development Services Department. Each of 
these landscape areas shall contain one (1) tree in addition to other 
landscape materials. 
 
 
8. 
7. 
That The developer shall treat all primary pedestrian crossings of 
vehicular circulation drives with a change of pavement materials (color 
and texture) to demarcate the pedestrian circulation plan. 
 
 
9. 
8. 
That The developer shall provide a multi-use trail along the west side of 
51st Avenue in a manner that complements that multi-use trail north of 
the subject property and in accordance with adopted City of Phoenix trail 
standards, as approved by the Parks and Recreation Department. 
 
 
10. 
9. 
That All items for sale, excluding fuel dispensing machines and automatic 
teller machines, shall be located within buildings or screened from view of 
public streets.  
 
 
11. 
10. 
That The developer shall provide the following equestrian amenities on 
site, as approved by the PLANNING AND Development Services 
Department: two (2) hitching rails, and two (2) horse troughs. 
 
 
12. 
11. 
That The landscaped setbacks adjacent to residential development shall 
include staggered trees planted twenty (20) feet on center with fifty 
percent (50%) of such trees being a minimum four (4) inch caliper, as 
approved or modified by the PLANNING AND Development Services 
Department. 
 
 
13. 
12. 
That Approved plants for the site shall emphasize the agricultural 
heritage and culture of Laveen and shall include the following, as 
approved or modified by the PLANNING AND Development Services 
Department: Trees: pecan, Arizona ash, evergreen elm, heritage live oak, 
sycamore, willow acacia or similar trees. Shrubs: myrtle (true, dwarf or 
twisted), pomegranate, or similar shrubs. Accents: deer grass, wild 
sunflowers, or similar accents. Vines: white Lady Banks rose or similar 
vines. 
 
 
13. 
BUILDING DESIGN 13. That the major buildings on site shall be in 
general conformance to the conceptual elevations (Exhibits 4-6) dated

Page 3 
 
March 10, 2006, including the following elements, all as approved or 
modified by the Development Services Department: 
 
Four-sided architecture, per the conceptual elevations. A variety of 
building materials, including a minimum of two (2) of the following 
materials: native stone, burnt adobe, textured brick, site made textured 
concrete, split-face block, wood (when shaded), slump block, simulated 
wood siding, exposed aggregate, corrugated metal or rusted metal 
roofing. 
 
 Natural and subdued color tones; 
 Exposed scuppers; 
 Pitched roof elements; 
 
A minimum ten-foot covered walkway, which can create a staggered front 
facade. Patios, trellises, and recesses may also be used to provide 
shading and break up building mass. 
 
 
14. 
That The developer shall paint all transformer and service entry 
equipment boxes to match buildings or shall screen the boxes, subject to 
utility company approval. 
 
 
15. 
That the gasoline station canopy shall incorporate materials and colors 
that complement the buildings on the site and the developer is strongly 
encouraged to use a pitched roof with a gable or hipped end on the 
canopy. 
 
 
STREET IMPROVEMENTS 
 
 
15. 
THE DEVELOPER SHALL CONSTRUCT A 14-FOOT-WIDE 
LANDSCAPED MEDIAN ALONG SOUTHERN AVENUE FROM 51ST 
AVENUE TO THE WESTERN EDGE OF THE DEVELOPMENT, AS 
APPROVED BY THE PLANNING AND DEVELOPMENT AND STREET 
TRANSPORTATION DEPARTMENTS. 
 
 
16. 
THE DEVELOPER SHALL CONSTRUCT A MINIMUM 5-FOOT-WIDE 
DETACHED SIDEWALK ALONG THE NORTH SIDE OF SOUTHERN 
AVENUE, AS APPROVED BY THE PLANNING AND DEVELOPMENT 
DEPARTMENT.  
 
 
17. 
THE DEVELOPER SHALL BE RESPONSIBLE FOR ANY 
MODIFICATIONS TO THE EXISTING TRAFFIC SIGNAL AT 51ST 
AVENUE AND SOUTHERN AVENUE, AS REQUIRED BY THE STREET 
TRANSPORTATION DEPARTMENT.

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18. 
16. 
That The developer shall construct all half-streets adjacent to the site 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median 
islands, landscaping, and other incidentals per plans approved by the 
PLANNING AND Development Services Department. All improvements 
shall comply with all ADA accessibility standards. 
 
 
19. 
17. 
That The developer shall provide right-of-way for, and shall construct, a 
transit pad (P1262) and a bus shelter (P1261) along Southern Avenue 
west of 51st Avenue. 
 
 
18. 
That the developer shall apply for the abandonment of Huntington Drive 
on the west side of the site. 
 
 
20. 
19. 
That The developer shall complete and submit the Developer Project 
Information Form for the Maricopa Association of Governments 
Transportation Improvement Program to the Street Transportation 
Department. The U.S. Environmental Protection Agency requires this 
form to meet clean air quality requirements. 
 
 
ARCHAEOLOGY 
 
 
21. 
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. 
 
 
22. 
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. 
 
 
23. 
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. 
 
 
GENERAL

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24. 
20. 
That The developer SHALL present a final landscape plan to the Laveen 
Village for review. 
 
 
25. 
21. 
That Light poles shall not exceed eighteen (18) feet in height. 
 
 
26. 
22. 
That Light from gasoline station canopies shall not exceed thirty (30) foot 
candles measured at the ground plane. 
 
 
23. 
That signage on the property shall be in general conformance to the 
conceptual designs (three sheets) dated April 28, 2004, including the 
following elements, as approved or modified by the Development 
Services Department. 
 
Ground/monument signs shall incorporate the materials and colors used 
for the major buildings on site. 
 
Size and height of ground/monument signs shall not exceed those 
indicated in the above-referenced conceptual designs. 
 
In conformance to the Phoenix Sign Code, one additional ground sign is 
allowed on each street frontage to identify the user(s) of the pad building 
at the immediate corner of the intersection of 51st and Southern 
Avenues. 
 
Wall signs shall use individual, halo-illuminated letters and numbers. 
 
 
27. 
24. 
That The developer shall notify prospective owners/occupants that the 
subject development is in proximity to Phoenix Sky Harbor International 
Airport. The developer shall disclose the following:  
 
 
 
a. The airport is considered a busy hub airport. 
 
 
 
 
b. Forecasts predict that Airport operations will increase. 
 
 
 
 
c. Extended flight tracks and traffic patterns may extend several miles 
beyond the Airport boundary. 
 
 
 
The notice shall be reviewed and approved by the City Attorney.