Attachment A - Draft Stipulation - PHO-12-25--Z-204-87-1.pdf

Attachment A - Stipulations – PHO-12-25--Z-204-87-1 
Location: Northeast corner of 27th Avenue and Runion Drive and 
approximately 350 feet east of the southeast corner of 27th Avenue and Rose 
Garden Lane 
STIPULATIONS: 
1.
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE TO THE
SITE PLAN DATE STAMPED DECEMBER 13, 2025 AS MODIFIED BY THE
FOLLOWING STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT. That development be in general
conformance to the site plan presented at the Planning Hearing Officer
hearing of April 2, 1997, and design guidelines dated February 14, 1997, as
may be modified by the following stipulations or in the alternative, the
applicant may utilize the approved site plan dated September 12, 1996 for
retail development on the east side of 27th Avenue.
2.
That Individual Development Plans shall be submitted to and approved by the
PLANNING AND Development Services Department and shall incorporate
the design guidelines dated February 14, 1997, and shall include further detail
on such items as
a.
Master street and pedestrian/bicycle circulations
b.
Master landscape plan
3.
That Right of way SHALL be dedicated as reflected in the approved Master
Street Plan. Additional right of way for right turn lanes into parcels and bus
bays shall be dedicated as may be required by the PLANNING AND
Development Services Department at the time of site plan review.
4.
That The applicant shall fully improve all interior roadways and adjacent half
streets (exclusive of freeway construction) including 27th Avenue in
accordance with the approved Master Street Plan. Said improvements shall
include the cost of pedestrian and bikeway facilities and signage and the
following signalized intersections.
a.
The developer will be financially responsible for the total cost of
installation of the traffic signals at the following intersections when
warranted as determined by the Street Transportation Department.
27th Avenue and Runion Drive
27th Avenue and Beardsley Road (unless constructed by ADOT)
b.
The developer will be financially responsible for 50% of the cost of
installation of the traffic signal at the intersection at 27th Avenue and

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Rose Garden Lane when warranted as determined by the Street 
Transportation Department. 
5.
That 29th Avenue in its current alignment shall be dedicated and improved by
the abutting property owners. Each abutting property owner shall be
responsible for the dedication and improvement of the half street adjacent to
its respective parcel. The timing of the street improvements shall be agreed to
by the affected property owners at such time as the master street plan shall
be approved for this application.
6.
That development shall not exceed a maximum of 540 dwelling units
(conditioned on a City Council density waiver) one hotel 220,000 square feet
of office and 50,000 square feet of retail uses west of 27th Avenue and east
of 27th Avenue 1,000,000 square feet of office one hotel and 20,000 square
feet of retail use. In the alternative, the applicant may develop 450,00 square
feet of retail/office in lieu of the 1,000,000 square feet of office development.
7.
That approval is conditioned on the development of the office use within 18 
months and retail component east of 27th Avenue is developed. A maximum
of six (6) pad sites (defined as a stand-alone structure of less than 5,000
square feet in area) are permitted with no more than two (2) pads permitted in 
the development of the first 50,000 square feet of commercial development.
6. 
8. 
That Development shall be consistent with the goals and policies of the Deer
Valley Core Specific Plan with particular emphasis on the designated view
corridors and design of 27th Avenue.
7. 
9. 
That The Chairman of the Deer Valley Planning Committee shall be notified in 
writing by the applicant of all development review meetings with the 
PLANNING AND Development Services Department.
10.
That the multifamily parcel be in general conformance with the site plan dated
April 15, 1996.
8. 
11. 
That The following design modifications as approved by the PLANNING AND
Development Services Department SHALL be incorporated into the final site
development of each parcel as applicable
a.
That clearly defined shaded pedestrian connections a minimum of four
(4) feet in width generally consistent with the pedestrian plan submitted
in conjunction with this application be provided. Where the major
pedestrian spines cross driveway aisles the crosswalk area shall be
enhanced with decorative or colored pavement material. The pedestrian
connections shall be developed in conjunction with the development of
individual sites as approved by the PLANNING AND Development
Services Department.

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b.
Gateway/entryway statements by provided at 27th Avenue and Rose
Garden and at 27th Avenue and Runion Drive intersections. The 27th
Avenue and Runion Drive intersection shall include a minimum 1/ acre
landscape plaza that shall encompass all four corners of the intersection.
The landscape plaza may include retention and be included in the
required building setback.
c.
Design of the commercial development shall minimize the linear effect
with substantial building offsets vertical relief and architectural
embellishments/focal points. The design shall maintain architectural
uniformity around the entire center with particular emphasis to
minimizing the visual impacts from the freeway.
9. 
12. 
That The development (exclusive of the approved residential parcel and the 
OPUS office development) shall be subject to approval of a Comprehensive 
Sign Plan to be submitted by June 30, 1997. Any requests for sign permits 
prior to final approval of the comprehensive sign plan shall be submitted to 
the Planning Hearing Officer for review of consistency with the proposed 
design guidelines. 
10. 
13. 
That The master developer of the entire 136-acre parcel shall be responsible 
for completing a revised Master Street Plan based on the interim uses 
approved for the site. Any deviation from the approved interim uses may 
require additional traffic analysis by the applicant traffic engineer as 
determined by the Street Transportation Department. 
11. 
14. 
The master developer of the entire 136-acre parcel or subsequent property
owners as may be assigned shall be required to make all right of way
dedications and street improvements for each phase according to the 
approved Master Street Plan as directed by the PLANNING AND 
Development Services Department at the time of preliminary site plan review.
12. 
15. 
The master developer of the entire 136-acre parcel shall be responsible for 
completing the Deer Valley Towne Center Master Pedestrian/Bicycle 
Circulation Plan based on the interim uses approved for the site. Any 
deviation from the approved interim uses may require additional analysis by 
the applicants traffic engineer as determined by the Planning and 
DEVELOPMENT AND Street Transportation Departments. 
13. 
16. 
That THE master developer for the entire 136-acre parcel or subsequent 
property owners as may be assigned shall be required to make all necessary 
dedications and improvements for each phase according to the approved 
Master Pedestrian/Bicycle Circulation Plans as directed by the PLANNING 
AND Development Services Department at the time of preliminary site plan 
review.

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14. 
17. 
That The PLANNING AND Development Services Department shall pay 
particular attention to the orientation of buildings and parking adjacent to 27th 
Avenue. The following building locations shall provide buildings located 
adjacent to the street landscape setback with no parking or driveways 
permitted between the building and 27th Avenue landscape setback. 
a.
The building located at the northwest corner of 27th Avenue and
Beardsley Road
b.
The building located at the southwest corner of 27th Avenue and Runion
Drive
c.
The building located immediately to the south of the building referenced
above in 17 b,
d.
The building(s) located at the southeast corner of 27th Avenue and
Runion Drive
e.
The building located at the northeast corner of 27th Avenue and Runion 
Drive, and
e. 
f. 
The building located at the southeast corner of 27th Avenue and Rose 
Garden Lane
15. 
18. 
That Automobile circulation may be provided adjacent to the 27th Avenue for 
the freestanding building shown on Area F located at the northwest corner of 
27th Avenue and Runion Drive Parking should be discouraged adjacent to the 
27th Avenue landscape setback. 
19.
That in the event of development of a drive through restaurant driveway
circulation may occur between the 27th Avenue landscape setback and the 
restaurant building. However, no parking is permitted adjacent to the 27th 
Avenue landscape area in this instance.
16. 
20. 
That Project landscaping for individual sites shall be consistent with the 
landscape design theme provided along 27th Avenue and shall incorporate 
materials consistent with the attached plant palette.
17. 
21. 
That All sidewalks pedestrian crossings seating areas light standards and
screen walls if applicable shall be consistent throughout the project.
18. 
22. 
Use of the originally approved MR zoning overlay shall require modification of
stipulations through the Planning Hearing Officer process and may be subject
to further traffic analysis, offsite improvements and design standards.

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19.
RETAIN THE EXISTING BUS PAD ON NORTHBOUND 27TH AVENUE
NORTH OF RUNION DRIVE AS MODIFIED OR APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
20.
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.