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AGENDA ITEM #:21-500-00011
DATE: January 12, 2022
CAR #:

CASE #: {Case#}
Planning & Zoning Commission ACTION REPORT
 
SUBJECT: PRELIMINARY PLAT FOR CAMELBACK 303
 
STAFF PRESENTER(S): Karen Craver, AICP, Principal Planner

OTHER PRESENTER(S):

Michael Buschbacher, Hunter Engineering
 

SUMMARY:

Preliminary Plat for Camelback 303 subdividing approximately 136.59 acres into three industrial lots. The subject property is located at the southeast corner of W. Camelback Road and N. Pebblecreek Parkway, extending south to W. Charles Boulevard.
 

RECOMMENDATION:

Recommend approval of the request for approval of the Preliminary Plat for Camelback 303 subdividing approximately 136.59 acres located at the southeast corner of W. Camelback Road and N. Pebblecreek Parkway, extending south to W. Charles Boulevard (the “Property”), subject to stipulations: (Karen Craver, Principal Planner)

STIPULATIONS:

1. Unless modified by a written phasing plan approved by the City Engineer or designee, all utilities within and adjacent to the Property, including cable television, shall be placed underground, with the exception of 69 kV or larger electric lines, prior to the issuance of the first certificate of occupancy for any structure within the Property.  If a written phasing plan has been approved by the City Engineer or designee all utilities within and adjacent to the Property, including cable television, shall be placed underground, with the exception of 69 kV or larger electric lines, prior to the issuance of the first certificate of occupancy within the portion of the Property included in each phase.  The undergrounding of the utilities shall be at no cost to the City;

2. All final plats that include any of the Property shall include a statement that PV303 is subject to attendant noise, vibrations and all other effects that may be caused by overflights and by the operation of aircraft landing at, or taking off from, Luke Air force Base and/or the Phoenix-Goodyear Airport;

3. The Owner/developer shall acknowledge and disclose to any subsequent purchaser or tenant that the Property is subject to attendant noise, vibrations and all other effects that may be caused by overflights and by the operation of aircraft landing at, or taking off from, Luke Air Force Base and/or the Phoenix-Goodyear Airport. The owner/developer shall provide for a waiver agreement for any subsequent purchaser to sign which shall run with the land and which shall include the following statement: "The Property is subject to attendant noise, vibrations and all other effects that may be caused by overflights and by the operation of aircraft landing at, or taking off from, Luke Air Force Base and/or the Phoenix-Goodyear Airport. The Purchaser does release and discharge the City of Goodyear, the owner, and developer from any liability from any claims for future damages and complaints of any kind to persons or property that may arise at any time in the future from the operation of such aircraft near or over the area;"

4. All final plats that include any of the Property shall include a statement that PV303 is in proximity to the Arizona Motor Sports Park, generally located at Camelback Road and Reems Road, and may be subject to potential noise intrusion, vibrations, dust, and all other effects that may be associated with such uses;

5. The Owner/developer shall acknowledge and disclose to any subsequent purchaser or tenant that the Property is subject to attendant noise intrusion, vibrations, dust and all other effects that may be caused by the Arizona Motorsports Park, generally located at Camelback and Reems Roads. The Owner/developer shall provide for a waiver agreement for any subsequent purchaser to sign which shall run with the land and which shall include the following statement: "The Property is in proximity to Arizona Motor Sports Park, generally located at Camelback Road and Reems Road, and may be subject to potential noise intrusion, vibrations, dust, and all other effects that may be associated with such uses. The Owner does release and discharge the city of Goodyear and the developer from any liability from any claims for future damages and complaints of any kind to persons or property that may arise at any time in the future from the use such property by Arizona Motor Sports;"

6. A minimum 30-foot wide landscape buffer shall be provided and maintained between all commercial or industrial property and a residential lot;

7. All areas designated for commercial or industrial development shall have a minimum of 15% of the net site/lot area in landscaping;

8. Luke Air Force Base shall be given an opportunity to review and provide written comment on all building plans and land uses prior to the issuance of any building permit;

9. The Owner/developer of any building site shall file a Notice of Proposed Construction in compliance with Federal Regulation 49 CFR Part 77 if the proposed building, or any construction equipment to be used during its construction, will exceed the maximum height for which filing such notice is not required, and shall submit a copy of the filed notice to the city with the application for building permit;

10. Buildings on the Property (PV303 East III) that are within 300 feet of the north right-of-way line of Charles Boulevard or on lots abutting any residential lot in Palm Valley Phase V shall be limited to two stories and no buildings within 300 feet of the north right-of-way line of Charles Boulevard or on lots abutting any residential lot in Palm Valley Phase V shall exceed forty feet in height;

11. Land uses on the Property (PV303 East III) that are within 300 feet of the north right-of-way line of Charles Boulevard or on lots abutting any residential lot in Palm Valley Phase V shall be limited to business and professional offices, private business, professional and trade schools, scientific and research laboratories, and commercial trade schools and business colleges, or similar uses that are determined to be compatible by the Development Services Director or designee; and,

12. Buildings on the Property (PV303 East III) that are within 300 feet of the north right-of-way line of Charles Boulevard or on any lot abutting any residential lot in Palm Valley Phase V shall not have roll-up doors facing Charles Boulevard.

13. Owner shall construct full half-street improvements for the south half of W. Camelback Road required for a Major Arterial as set forth in the Engineering Design Standards in effect at the time of construction for the section of the Camelback Road along the northern boundary of the Property, including, but not limited to, pavement, curb and gutter, one-half median, one-half median landscaping, sidewalks, street frontage landscape and landscape irrigation, and street lighting. Notwithstanding the foregoing, at the request of the City Engineer or designee, rather than constructing the median and installing the median landscaping, Owner shall remit to the City an in-lieu payment for one-half the cost of a full median and one half the cost of full-median landscaping, for the required median. The in-lieu payment for the median and median landscaping shall be based on the estimated cost of the median and median landscape improvements as determined by the City Engineer or designee;

14. Owner shall construct full half-street improvements for the eastern half of N. Pebblecreek Parkway required for a Scenic Arterial as set forth in the Engineering Design Standards in effect at the time of construction for the section of the Pebblecreek Parkway along the western boundary of the Property, including, but not limited to, pavement, curb and gutter, one-half median, one-half median landscaping, sidewalks, street frontage landscape and landscape irrigation, and street lighting. Notwithstanding the foregoing, at the request of the City Engineer or designee, rather than constructing the median and installing the median landscaping, Owner shall remit to the City an in-lieu payment for one-half the cost of a full median and one half the cost of full-median landscaping, for the required median. The in-lieu payment for the median and median landscaping shall be based on the estimated cost of the median and median landscape improvements as determined by the City Engineer or designee;

15. Owner shall complete the full half-street improvements required in the Engineering Design Standards and Policies Manual for the northern half of W. Charles Blvd. required located along and adjacent to the Property (the southern boundary of the Property), which includes by way of example, but not limitation, the installation of required street lights, landscaping, and signage.


16. Owner shall pay to the city in-lieu payments for a proportionate share of the cost of full traffic signals (all four legs) at the following intersections adjacent to the Property when requested by the City Engineer or designee.  The in-lieu payment shall be the percentage of the cost of the full traffic signal set forth below based on the actual cost of the full traffic signal if constructed or if the payment is required before the signal is constructed based on the estimated cost of the traffic signal as determined by the City Engineer or designee. Owner’s traffic signal obligations are as follows:
a. 25% of a full traffic signal at the intersection of N. Pebblecreek Parkway and W. Camelback Road; and,
b. 50% of a full traffic signal at the intersection of W. Camelback Road and the N. 161st Ave. alignment (1/4 mile east of the intersection N. Pebblecreek Parkway and W. Camelback Rd.). 

17. Prior to the approval of a final plat for the Property and prior to the approval of each site plan submitted for development within Lot 3 submitted to the city after the approval of the final plat for the Property, Owner shall submit an updated traffic impact analysis (“TIA”) that includes an analysis of the need for a traffic signal at the intersection of W. Charles Blvd. and Pebblecreek Parkway. If the updated traffic impact analysis indicates the need for a signal at this intersection, Owner shall pay to the city an in-lieu payment for 25% of the cost of a full traffic signal (all four legs) at the W. Charles Blvd. and Pebblecreek Parkway.  The in-lieu payment shall be paid prior to the issuance of any construction permit for work within Lot 3 pursuant to the site plan for which the TIA was submitted; and the amount of the in-lieu payment shall be calculated based on the actual cost of the full traffic signal (all four legs) if the signal has been constructed or on the estimated cost of the traffic signal as determined by the City Engineer or designee if the traffic signal has not been constructed when the in-lieu payment is to be paid. 

18. Owner shall dedicate, at no cost to the City, all rights-of-way and/or easements within the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the improvements for which Owner is responsible for making in-lieu payments (including right-of-way for traffic signal infrastructure for infrastructure located on corners of an intersection adjacent to the Property); (iv) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein required for the improvements for which Owner is responsible for making in-lieu payments (including right-of-way for traffic signal infrastructure for infrastructure located on corners of an intersection adjacent to the Property); and/or (vi) required public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies.  The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the City, free of all other easements or other encumbrances. Unless the timing of the required dedications is modified by any stipulation in this ordinance, all dedications shall be made prior to or concurrent with recordation of a final plat or the issuance of any permit for work within the Property whichever is earlier; and,

19. No Building Permits, Certificate of Completion, Temporary Certificate of Occupancy and/or Certificate of Occupancy for any structure within property included within the preliminary plat boundaries shall be issued until a final plat for the Property has been approved by Council and recorded in the official records of the Maricopa County Recorder. 

FISCAL IMPACT:

Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the city. The development is responsible for construction of infrastructure necessary to serve the site and will generate one-time revenue for the city through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.

BACKGROUND AND PREVIOUS ACTIONS:

On May 20, 2019, the City Council granted approval of a Preliminary Plat, then titled Preliminary Plat for Camelback Center at PV303, on the Property. A Final Plat application was subsequently submitted; however, when a resubmittal was not made within six months of staff’s first review comments issued on September 5, 2019, the Final Plat application expired pursuant to City Ordinance No. 17-1343, adopted March 26, 2017. Because the Final Plat was not approved and recorded within 12 months of the Preliminary Plat approval on May 20, 2019, the Preliminary Plat approval then expired pursuant to the City Subdivision Regulations.

The entitlement process on the Property began again with a site plan and preliminary plat pre-application meeting held on February 24, 2021. The “Camelback Center” site plan was submitted on March 16, 2021, and approved on July 28, 2021. This Preliminary Plat was submitted on July 30, 2021, prior to the December 13, 2021 amendment to the City Subdivision Regulations allowing the preliminary plat process for commercial and industrial developments of 10 or fewer lots to be waived by the Development Services Department at the request of the Property Owner.

STAFF ANALYSIS

Current Policy:

Prior to subdividing a property, the owner must submit a preliminary plat that demonstrates compliance with zoning for the property, public objectives, subdivision design principles and standards, and streets and thoroughfare planning. The preliminary plat also must be accompanied by information demonstrating the adequacy of utilities, open space and other public facilities necessary to serve the site. An approved preliminary plat shall expire within 12 months from the date of City Council approval unless either a final plat has been submitted for all or part of the property included in the preliminary plat or an extension has been obtained.

This preliminary plat was submitted prior to the December 13, 2021 amendment to the City Subdivision Regulations allowing the preliminary plat process for commercial and industrial developments of 10 or fewer lots to be waived by the Development Services Department at the request of the Property Owner.

Surrounding Uses:
Existing land uses and zoning surrounding the subject property include the following:
· North – Undeveloped property and agricultural uses under Maricopa County jurisdiction.
· South – Charles Boulevard and existing single family residential property within Palm Valley Phase 5.
· East – Undeveloped property within the PV303 PAD designated for industrial use.
· West – Pebblecreek Parkway and undeveloped property within the PV303 PAD designated for industrial use.

Details of the Request:
The request is for a preliminary plat subdividing 135.59 acres into three lots; Lot 1 at 31.67 acres, Lot 2 at 32.68 acres, and Lot 3 at 72.24 acres. The subdivision is intended to facilitate the development of light industrial uses on the property in accordance with the PV303 PAD.

Luke AFB:
The subject property is located within the vicinity of a military airport. Given the light industrial use of the property, it is anticipated that airport operations will not be adversely impacted by this subdivision. The developer will be required to provide notice of base operations to all future tenants/businesses.

Phoenix Goodyear Airport:
Given the location and distance of the property from the airport, it is anticipated that airport operations will not be adversely impacted by this subdivision. The developer will be required to provide notice of airport operations to all future tenants/businesses.

Fire Response:
Emergency response times and distances are provided below:
 
Nearest Goodyear Fire Station Shortest
path
Longest
path
2nd Nearest Goodyear Fire Station Shortest
path
Longest
path
Mins Miles Mins Miles Mins Miles Mins Miles
Station #185 3.38
 
1.69
 
3.38
 
1.69
 
Station #183
 
7.67
 
3.83 7.67 3.83

Police Department:
The subdivision is located within an existing police patrol beat and the current level of service within the beat can accommodate the development of the property.

Water/Wastewater:
Liberty Utilities is the water and wastewater service provider.

Streets/Access:
The subdivision will have access from both W. Camelback Road and N. PebbleCreek Parkway. There will be no access from W. Charles Boulevard. Future development will be responsible for improving adjacent W. Camelback Road and N. PebbleCreek Parkway to their ultimate condition. Future development will also contribute to the signalization of the W. Camelback Road and N. PebbleCreek Parkway intersection, as well as the intersection of N. 161st Ave & W. Camelback Road.

STAFF FINDINGS:

The preliminary plat is consistent with the technical requirements of the city’s subdivision regulations and engineering standards. The preliminary plat is consistent with the land use and development standards approved by the PV303 PAD for the property. The proposed subdivision provides for the orderly development of the property by identifying the required infrastructure needed to serve the development.

Attachments