| AGENDA ITEM #:21-500-00014 DATE: January 11, 2023 CAR #: CASE #: {Case#} |
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Planning & Zoning Commission ACTION REPORT
| SUBJECT: | PRELIMINARY PLAT FOR LA JOLLA VISTA |
| STAFF PRESENTER(S): | Christian M. Williams, Principal Planner |
SUMMARY:
Preliminary Plat for La Jolla Vista, located at the northeast corner of Citrus Road and Lower Buckeye Road, subdividing approximately 201.01 gross acres into 736 lots and 59 tracts.
RECOMMENDATION:
- Recommend approval of the Preliminary Plat for La Jolla Vista subdividing approximately 201.01 gross acres into 736 lots and 59 tracts, subject to stipulations (Christian M. Williams, Principal Planner).
STIPULATIONS:
1. The first final plat subdividing all or part of the Property shall include Tract K as reflected in the Preliminary Plat for La Jolla Vista, within which the minimum of an 8.3-acre centralized park and amenity area is to be constructed. Construction drawings for the development of at least five and one-half (5.5) acres of Tract K shall be submitted with the first final plat subdividing all or part of the Property. Unless alternative amenities are approved by the City of Goodyear Zoning Administrator at his/her sole discretion upon a determination that the alternatively proposed resident and recreational amenities are collectively of an equal or greater quality to those described below, the construction drawings for the development of at least five and one-half (5.5) acres of Tract K shall include the following resident and recreational amenities as generally depicted in that certain document titled La Jolla Vista Main Park Amenity, which document was declared a public record by Resolution 2022-2255 and which is referred to and incorporated herein by this reference:
2. Construction drawings for the development of the remainder of Tract K shall be submitted with the first final plat subdividing all or part of the Property that includes any portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is referred to and incorporated herein by this reference). Unless alternative amenities are approved by the City of Goodyear Zoning Administrator at his/her sole discretion upon a determination that the alternatively proposed resident and recreational amenities are collectively of an equal or greater quality to those described below, the construction drawings for the development of the remainder of Tract K shall include the following resident and recreational amenities as generally depicted in that certain document titled La Jolla Vista Main Park Amenity, which document was declared a public record by Resolution 2022-2255 and which is referred to and incorporated herein by this reference:
3. All final plats subdividing all or part of the Property shall identify as easement areas all areas identified as “Vehicular Pavers with Concrete Banding” in the conceptual landscape plans submitted with the preliminary plat submittal documents that are located within what will be public right-of-way. These areas shall be labeled “Enhanced Pavement Easement” or “EPE”) in the final plat and an easement shall be dedicated to the HOA that requires the HOA to maintain the enhanced paving improvements. All enhanced paving improvements that are to be constructed within property included in final plats subdividing all or part of the Property shall be pavers, colored concrete or stamped concrete constructed within public roadways; and
4. All final plats subdividing all or part of the Property shall identify as easement areas all areas identified as “Equestrian Trail” in the conceptual landscape plans submitted with the preliminary plat submittal documents that are located within what will be on Tract A, Tract G and Tract BBB. These areas shall be labeled “Equestrian Trail Easement” or “ETE”) in the final plat and an easement shall be dedicated to the HOA that requires the HOA to maintain the equestrian trail and permit public access; and
5. The construction drawings for final plats subdividing all or part of the Property shall be consistent with the conceptual landscape plans submitted with the preliminary plat submittal documents, which include the following Streetscape Elements:
6. Decorative pavers, colored concrete and/or stamped concrete shall be used on all driveway on all lots within the development (between the sidewalk and the house); and
7. The construction plans for final plats subdividing all or part of the Property along or adjacent to Durango Street shall include plans for the construction of a block wall that prevents access from the Property to Durango Street except as follows. The block wall shall include a gated and locked access point(s) as needed to provide access to facilities owned and operated by the Roosevelt Irrigation District; and
8. Unless the 12.5-acre tract has been conveyed to the Avondale Elementary School District, the first final plat subdividing all or part of the Property shall include a 12.5-acre tract adjacent to the northwest corner of the 173rd Avenue and Magnolia Street alignment, which shall not include any part of the dedicated right-of-way (the “School Site”). The final plat including the School Site shall include a reservation that it is to be conveyed to the Avondale Elementary School District for the development of a school unless the Avondale Elementary School District advises the City of Goodyear Zoning Administrator in writing that it does not intend to develop the tract as a school site. The final plat including the School Site shall include a temporary maintenance easement granted to the HOA requiring the HOA to maintain the site until the School Site has been conveyed to the Avondale Elementary School District or the reservation terminated. City staff shall provide the Avondale Elementary School District a copy of the recorded final plat that includes the School Site; and
9. Prior to the recordation of the first final plat subdividing all or part of the Property, Owner shall form a homeowners’ association (“HOA”) for the Property, with said HOA owning and maintaining all open space areas; common areas, and all amenities and enhancements described above, except that the HOA shall not own, any of the enhancements or amenities located within right-of-way conveyed to the City of Goodyear in fee, but shall be responsible for maintaining such amenities and enhancements. With respect to the paths and trails the HOA is responsible for maintaining, the HOA shall ensure that they are cleared, visible, and safely accessible to all users. The HOA shall also be responsible for maintaining all landscaping within the street right-of-way within or abutting the Property except for landscaping within medians located within any arterial street. A note shall be placed on each final plat indicating HOA ownership and/or maintenance responsibilities of these private tracts and public rights-of-way landscaping as set forth herein; and
10. The following disclosures shall be included as notes on all final plats subdividing all or part of the Property, in all rental agreements for the rental of any unit within the Property, and in all Public Sales Report(s) for the Property:
11. All final plats subdividing all or part of the Property shall include the following note: Owner shall obtain from all initial homebuyers an executed acknowledgement that runs with the land in which the homebuyer acknowledges that the lot they are purchasing is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
12. All final plats subdividing all or part of the Property shall include the following note: Owner who rents more than one residential unit within the Property shall obtain an executed acknowledgment from each tenant in which the tenant acknowledges that the residential unit they are renting is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
13. All final plats subdividing all or part of the Property shall include the following note: Signage shall be posted within all sales offices and, if any, all rental office offices that the Property is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
14. All final plats subdividing all or part of the Property shall include the following note: Signage shall be posted within all sales offices and, if any, all rental office offices identifying the location of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary. This display shall include a 24-inch x 36-inch map at the main entrance of such sales and rental offices and shall include the approximate locations of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary and all of the buildings on the Property; and
15. The placement, design, construction and maintenance of all walls and fencing within the subdivision shall be in accordance with Article 5-2 (Walls, Fences) of the city of Goodyear Zoning Ordinance. If provided, perimeter walls and fences along an arterial and collector street shall have a maximum height of eight feet. All other walls and fences shall have a maximum height of six feet. Retaining walls, if constructed, shall be included in the calculation for maximum height; and
16. Any improvements along Citrus that fall within the unincorporated Maricopa County, such as but not limited to a curb return for W. Durango St, shall be dual permitted with Maricopa County Department of Transportation and the City of Goodyear; and
17. If the central park that is to be located within Tract K is constructed in phases, then prior to the recordation of the first final plat subdividing all or part of the Property, the Owner shall dedicate, at no cost to the City, a temporary access easement that provides a temporary connection between W. Watkins Street and Shiloh Lane; and Owner shall complete the construction of temporary access improvements within the temporary access easement prior to the issuance of any certificate of completion, temporary certificate of occupancy or certificate of occupancy for any structure within the Property except for model homes ; and
18. If any of the infrastructure improvements Owner is required to design and construct pursuant to the terms of Ordinance No. 2022-1545 or the stipulations herein have been constructed or are being constructed by others, Owner shall remit a payment to the city in the amount of the actual costs incurred in the design and construction such infrastructure improvements if completed or, if not completed, the payment shall be in the amount of an engineer’s estimate of the costs as approved by the Goodyear City Engineer or his/her designee. The payment requirement herein shall be paid prior to or concurrent with the recordation of a final plat triggering Owner’s obligation to design and construct the infrastructure improvements; and
19. Owner shall, at no cost to the city, design and construct full half-street improvements for north-half of the section of W. Lower Buckeye Road along or adjacent to the frontage of the Property required for a Minor Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of one-half (½) the median and one-half (½) the median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Lower Buckeye Road Improvements”). The recordation of the first final plat subdividing all or part of the Property shall trigger the obligations set forth herein, and the Lower Buckeye Road Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property except for model homes; and
20. 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 median that is to be installed within the section of W. Lower Buckeye Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
21. Owner shall, at no cost to the city, design and construct full half-street improvements for east-half of the section of S. Citrus Road along or adjacent to the frontage of the Property required for a Minor Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of one-half (½) the median and one-half (½) the median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Citrus Road Improvements”). The recordation of the first final plat subdividing all or part of the portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference shall trigger the obligations set forth herein, and the Citrus Road Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure, except for model homes, located within any portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference; and
22. 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 median that is to be installed within the section of S. Citrus Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference, whichever is earlier; and
23. Owner shall, at no cost to the city, design and construct full half-street improvements for the west-half of the section of S. 173rd Avenue along or adjacent to the frontage of the Property required for a Major Collector as set forth in the Engineering Design Standards in effect when the improvements are constructed, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting, and a full median shall be constructed from Lower Buckeye Road and connect into the existing median, approximately 100-feet north of the northern property line, shall be constructed within 173rd Avenue. (the “173rd Avenue Improvements”). The recordation of the first final plat subdividing all or part of the portion of the Property shall trigger the obligations set forth herein, and the 173rd Avenue Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure, except for model homes, located within any portion of the Property. The City shall reimburse Owner the money the City collected from the adjacent property owner as a contribution towards the cost of the median and median landscaping; and
24. Owner shall, at no cost to the city, design and construct full street improvements for the north half and the south half of the section of W. Magnolia Street located within the Property required for a Local Street as set forth in the Engineering Design Standards in effect when the improvements are constructed, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Magnolia Street Improvements”). The recordation of the first final plat subdividing all or part of the portion of the Property shall trigger the obligations set forth herein, and the Magnolia Street Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property except for model homes, located within any portion of the Property; and
25. Owner is responsible for a proportionate share of the costs of a full traffic signal (all four legs) at the intersection identified below. Owner shall make an in-lieu payment for the cost of traffic signals infrastructure at intersections adjacent to the Property. The in-lieu payment shall be based on the actual cost of the traffic signal if it has been constructed or if the payment is required before the signal is constructed it shall be based on the estimated cost of the traffic signal as determined by the City Engineer or designee. The Property Owner’s traffic signal obligations include, but may not be limited to:
26. Prior to recordation of the first final plat subdividing all or part of the Property or the approval of the first site plan, whichever is earlier, Owner shall remit a cost recovery payment to the City in the amount of $496,220.16 for payments owed for regional wastewater lines B and E, which have been fully constructed, pursuant to the Cost Recovery Resolution 06-1065 as modified by Resolution 14-1622 and as further modified by Resolution 16-1748 (the “Wastewater CRO”). Regional wastewater lines F and G2, which benefit the Property, were constructed pursuant to the Development Agreement for West Goodyear Sewer and Water Infrastructure recorded in the official records of the Maricopa County as Instrument 2017-0220433 (the “West Goodyear Joint IDA”) and no cost recovery payments are owed by Owner under the Wastewater CRO for regional wastewater lines F and G2 pursuant to the terms of the West Goodyear Joint IDA; and
27. Prior to recordation of the first final plat subdividing all or part of the Property or the approval of the first site plan, whichever is earlier, Owner shall remit a cost recovery payment to the city in the amount of $198,333.00 for payments owed for regional water lines A and B, which have been fully constructed, pursuant to the Cost Recovery Resolution 06-1064 as modified by Resolution 14-1621 and as further modified by Resolution 16-1747 (the “Water CRO; and
28. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the Property and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear. Said extinguishment shall occur prior to approval of the first site plan for development within the Property, prior to the recordation of the first final plat subdividing all or part of the Property or prior to issuance of any construction permits for work within the Property, whichever is earlier.
· A splash pad with shaded seating;
· A restroom facility; and
· A minimum of two (2) Pickleball courts; and
· A basketball court; and
· A resort-style pool that includes at least one lap lane (may be contained within two pools); and
· A gas fire pit; and
· A game lawn with games such as cornhole, bocce ball, or the like; and
· A ramada with shade and a barbeque grill; and
· Shaded or trellised seating areas; and
· A shaded tot lot.
(The foregoing amenities as may be modified upon the approval of the City of Goodyear Zoning Administrator are collective referred to as the “Centralized Park Phase 1 Improvements.”) No temporary certificates of occupancy, certificates of occupancy or certificates of completion shall be issued for any structure within the Property except for model homes until the Centralized Park Phase 1 Improvements have been substantially completed as determined by the City of Goodyear Building Official or his/her designee; and· A restroom facility; and
· A minimum of two (2) Pickleball courts; and
· A basketball court; and
· A resort-style pool that includes at least one lap lane (may be contained within two pools); and
· A gas fire pit; and
· A game lawn with games such as cornhole, bocce ball, or the like; and
· A ramada with shade and a barbeque grill; and
· Shaded or trellised seating areas; and
· A shaded tot lot.
2. Construction drawings for the development of the remainder of Tract K shall be submitted with the first final plat subdividing all or part of the Property that includes any portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is referred to and incorporated herein by this reference). Unless alternative amenities are approved by the City of Goodyear Zoning Administrator at his/her sole discretion upon a determination that the alternatively proposed resident and recreational amenities are collectively of an equal or greater quality to those described below, the construction drawings for the development of the remainder of Tract K shall include the following resident and recreational amenities as generally depicted in that certain document titled La Jolla Vista Main Park Amenity, which document was declared a public record by Resolution 2022-2255 and which is referred to and incorporated herein by this reference:
· A Dog Park; and
· Open play turf areas; and
· Decorative split rail fencing adjacent to parking areas and public/private streets.
(The foregoing amenities as may be modified upon the approval of the City of Goodyear Zoning Administrator are collective referred to as the “Centralized Park Phase 2 Improvements.”) No temporary certificates of occupancy, certificates of occupancy or certificates of completion shall be issued for any structure within the portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is referred to and incorporated herein by this reference) except for model homes until the Centralized Park Phase 2 Improvements have been substantially completed as determined by the City of Goodyear Building Official or his/her designee; and· Open play turf areas; and
· Decorative split rail fencing adjacent to parking areas and public/private streets.
3. All final plats subdividing all or part of the Property shall identify as easement areas all areas identified as “Vehicular Pavers with Concrete Banding” in the conceptual landscape plans submitted with the preliminary plat submittal documents that are located within what will be public right-of-way. These areas shall be labeled “Enhanced Pavement Easement” or “EPE”) in the final plat and an easement shall be dedicated to the HOA that requires the HOA to maintain the enhanced paving improvements. All enhanced paving improvements that are to be constructed within property included in final plats subdividing all or part of the Property shall be pavers, colored concrete or stamped concrete constructed within public roadways; and
4. All final plats subdividing all or part of the Property shall identify as easement areas all areas identified as “Equestrian Trail” in the conceptual landscape plans submitted with the preliminary plat submittal documents that are located within what will be on Tract A, Tract G and Tract BBB. These areas shall be labeled “Equestrian Trail Easement” or “ETE”) in the final plat and an easement shall be dedicated to the HOA that requires the HOA to maintain the equestrian trail and permit public access; and
5. The construction drawings for final plats subdividing all or part of the Property shall be consistent with the conceptual landscape plans submitted with the preliminary plat submittal documents, which include the following Streetscape Elements:
a. Provide Detached Sidewalks - 6-foot-wide planter adjacent to all roads in interior of the development with HOA maintained landscape strips (as is shown on the Site Plan and Landscape Plans); and
b. Provide Additional Streetscape Elements – Decorative pavers, colored concrete and/or stamped concrete shall be used at all entryways into the development off of Citrus Road and Lower Buckeye Road (as is shown on the Site Plan and Landscape Plans); and
c. Provide West Goodyear Streetscape Designs –
b. Provide Additional Streetscape Elements – Decorative pavers, colored concrete and/or stamped concrete shall be used at all entryways into the development off of Citrus Road and Lower Buckeye Road (as is shown on the Site Plan and Landscape Plans); and
c. Provide West Goodyear Streetscape Designs –
i. The primary and secondary entrances to the community incorporate enhanced collector designs that include bike lanes, landscaped medians, and detached sidewalks; and
ii. A white crossbuck split rail fence is included at both the primary and secondary entrances and at hard-exterior corners; and
iii. Perimeter wall along Citrus Road will complement and be consistent with the design elements established by the Site Plan and Landscape Plans. Perimeter areas will also be landscaped, and many locations include the white crossbuck split rail fence; and
iv. Farm/agricultural and rustic elements such as the trellis structures are incorporated at the primary and secondary entry monuments.
v. Landscape planting creates the sense of agricultural planting through linear and structured placement; and
vi. The signage at the primary and secondary entry monuments will read “La Jolla Vista at West Goodyear” (as is shown on the Site Plan and Landscape Plans); and
ii. A white crossbuck split rail fence is included at both the primary and secondary entrances and at hard-exterior corners; and
iii. Perimeter wall along Citrus Road will complement and be consistent with the design elements established by the Site Plan and Landscape Plans. Perimeter areas will also be landscaped, and many locations include the white crossbuck split rail fence; and
iv. Farm/agricultural and rustic elements such as the trellis structures are incorporated at the primary and secondary entry monuments.
v. Landscape planting creates the sense of agricultural planting through linear and structured placement; and
vi. The signage at the primary and secondary entry monuments will read “La Jolla Vista at West Goodyear” (as is shown on the Site Plan and Landscape Plans); and
6. Decorative pavers, colored concrete and/or stamped concrete shall be used on all driveway on all lots within the development (between the sidewalk and the house); and
7. The construction plans for final plats subdividing all or part of the Property along or adjacent to Durango Street shall include plans for the construction of a block wall that prevents access from the Property to Durango Street except as follows. The block wall shall include a gated and locked access point(s) as needed to provide access to facilities owned and operated by the Roosevelt Irrigation District; and
8. Unless the 12.5-acre tract has been conveyed to the Avondale Elementary School District, the first final plat subdividing all or part of the Property shall include a 12.5-acre tract adjacent to the northwest corner of the 173rd Avenue and Magnolia Street alignment, which shall not include any part of the dedicated right-of-way (the “School Site”). The final plat including the School Site shall include a reservation that it is to be conveyed to the Avondale Elementary School District for the development of a school unless the Avondale Elementary School District advises the City of Goodyear Zoning Administrator in writing that it does not intend to develop the tract as a school site. The final plat including the School Site shall include a temporary maintenance easement granted to the HOA requiring the HOA to maintain the site until the School Site has been conveyed to the Avondale Elementary School District or the reservation terminated. City staff shall provide the Avondale Elementary School District a copy of the recorded final plat that includes the School Site; and
9. Prior to the recordation of the first final plat subdividing all or part of the Property, Owner shall form a homeowners’ association (“HOA”) for the Property, with said HOA owning and maintaining all open space areas; common areas, and all amenities and enhancements described above, except that the HOA shall not own, any of the enhancements or amenities located within right-of-way conveyed to the City of Goodyear in fee, but shall be responsible for maintaining such amenities and enhancements. With respect to the paths and trails the HOA is responsible for maintaining, the HOA shall ensure that they are cleared, visible, and safely accessible to all users. The HOA shall also be responsible for maintaining all landscaping within the street right-of-way within or abutting the Property except for landscaping within medians located within any arterial street. A note shall be placed on each final plat indicating HOA ownership and/or maintenance responsibilities of these private tracts and public rights-of-way landscaping as set forth herein; and
10. The following disclosures shall be included as notes on all final plats subdividing all or part of the Property, in all rental agreements for the rental of any unit within the Property, and in all Public Sales Report(s) for the Property:
a. The Property is in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; and
b. The Property is subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
c. The Property is in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; and
d. The Property is subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and
b. The Property is subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
c. The Property is in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; and
d. The Property is subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and
11. All final plats subdividing all or part of the Property shall include the following note: Owner shall obtain from all initial homebuyers an executed acknowledgement that runs with the land in which the homebuyer acknowledges that the lot they are purchasing is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
12. All final plats subdividing all or part of the Property shall include the following note: Owner who rents more than one residential unit within the Property shall obtain an executed acknowledgment from each tenant in which the tenant acknowledges that the residential unit they are renting is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
13. All final plats subdividing all or part of the Property shall include the following note: Signage shall be posted within all sales offices and, if any, all rental office offices that the Property is: in close proximity to agricultural uses and may therefore be subject to noise, dust, and odors associated with such uses; subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflight and by the operation of aircraft landing at, or taking off from, Luke Air Force Base; and subject to noise, cheering, pickleball paddles making contact with pickleballs, bouncing balls, splashes and other loud noises commonly associated with recreation centers, parks and the like; and
14. All final plats subdividing all or part of the Property shall include the following note: Signage shall be posted within all sales offices and, if any, all rental office offices identifying the location of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary. This display shall include a 24-inch x 36-inch map at the main entrance of such sales and rental offices and shall include the approximate locations of the Luke Air Force Base: Accident Potential Zones (APZs), 65 Ldn and higher noise contours, departure corridors, and vicinity boundary and all of the buildings on the Property; and
15. The placement, design, construction and maintenance of all walls and fencing within the subdivision shall be in accordance with Article 5-2 (Walls, Fences) of the city of Goodyear Zoning Ordinance. If provided, perimeter walls and fences along an arterial and collector street shall have a maximum height of eight feet. All other walls and fences shall have a maximum height of six feet. Retaining walls, if constructed, shall be included in the calculation for maximum height; and
16. Any improvements along Citrus that fall within the unincorporated Maricopa County, such as but not limited to a curb return for W. Durango St, shall be dual permitted with Maricopa County Department of Transportation and the City of Goodyear; and
17. If the central park that is to be located within Tract K is constructed in phases, then prior to the recordation of the first final plat subdividing all or part of the Property, the Owner shall dedicate, at no cost to the City, a temporary access easement that provides a temporary connection between W. Watkins Street and Shiloh Lane; and Owner shall complete the construction of temporary access improvements within the temporary access easement prior to the issuance of any certificate of completion, temporary certificate of occupancy or certificate of occupancy for any structure within the Property except for model homes ; and
18. If any of the infrastructure improvements Owner is required to design and construct pursuant to the terms of Ordinance No. 2022-1545 or the stipulations herein have been constructed or are being constructed by others, Owner shall remit a payment to the city in the amount of the actual costs incurred in the design and construction such infrastructure improvements if completed or, if not completed, the payment shall be in the amount of an engineer’s estimate of the costs as approved by the Goodyear City Engineer or his/her designee. The payment requirement herein shall be paid prior to or concurrent with the recordation of a final plat triggering Owner’s obligation to design and construct the infrastructure improvements; and
19. Owner shall, at no cost to the city, design and construct full half-street improvements for north-half of the section of W. Lower Buckeye Road along or adjacent to the frontage of the Property required for a Minor Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of one-half (½) the median and one-half (½) the median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Lower Buckeye Road Improvements”). The recordation of the first final plat subdividing all or part of the Property shall trigger the obligations set forth herein, and the Lower Buckeye Road Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property except for model homes; and
20. 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 median that is to be installed within the section of W. Lower Buckeye Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
21. Owner shall, at no cost to the city, design and construct full half-street improvements for east-half of the section of S. Citrus Road along or adjacent to the frontage of the Property required for a Minor Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of one-half (½) the median and one-half (½) the median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Citrus Road Improvements”). The recordation of the first final plat subdividing all or part of the portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference shall trigger the obligations set forth herein, and the Citrus Road Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure, except for model homes, located within any portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference; and
22. 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 median that is to be installed within the section of S. Citrus Road along or adjacent to the frontage of the Property. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 (Parcels 7, 8, 9, and 10) in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference, whichever is earlier; and
23. Owner shall, at no cost to the city, design and construct full half-street improvements for the west-half of the section of S. 173rd Avenue along or adjacent to the frontage of the Property required for a Major Collector as set forth in the Engineering Design Standards in effect when the improvements are constructed, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting, and a full median shall be constructed from Lower Buckeye Road and connect into the existing median, approximately 100-feet north of the northern property line, shall be constructed within 173rd Avenue. (the “173rd Avenue Improvements”). The recordation of the first final plat subdividing all or part of the portion of the Property shall trigger the obligations set forth herein, and the 173rd Avenue Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure, except for model homes, located within any portion of the Property. The City shall reimburse Owner the money the City collected from the adjacent property owner as a contribution towards the cost of the median and median landscaping; and
24. Owner shall, at no cost to the city, design and construct full street improvements for the north half and the south half of the section of W. Magnolia Street located within the Property required for a Local Street as set forth in the Engineering Design Standards in effect when the improvements are constructed, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Magnolia Street Improvements”). The recordation of the first final plat subdividing all or part of the portion of the Property shall trigger the obligations set forth herein, and the Magnolia Street Improvements shall be completed prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property except for model homes, located within any portion of the Property; and
25. Owner is responsible for a proportionate share of the costs of a full traffic signal (all four legs) at the intersection identified below. Owner shall make an in-lieu payment for the cost of traffic signals infrastructure at intersections adjacent to the Property. The in-lieu payment shall be based on the actual cost of the traffic signal if it has been constructed or if the payment is required before the signal is constructed it shall be based on the estimated cost of the traffic signal as determined by the City Engineer or designee. The Property Owner’s traffic signal obligations include, but may not be limited to:
a. 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 173rd Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
b. 50% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 175th Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
c. 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. Citrus Road. The in-lieu payments for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference) or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference), whichever is earlier; and
d. 25% of the cost of the full traffic signal (all four legs) at W. Durango Street and S. Citrus Road. The in-lieu payments for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference) or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference), whichever is earlier; and
e. 50% of the cost of the full traffic signal (all four legs) at W. Watkins Street and S. Citrus Road. The in-lieu payments for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference) or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference), whichever is earlier; and
b. 50% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 175th Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
c. 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. Citrus Road. The in-lieu payments for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference) or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference), whichever is earlier; and
d. 25% of the cost of the full traffic signal (all four legs) at W. Durango Street and S. Citrus Road. The in-lieu payments for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference) or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference), whichever is earlier; and
e. 50% of the cost of the full traffic signal (all four legs) at W. Watkins Street and S. Citrus Road. The in-lieu payments for this signal shall be paid prior to or concurrent with recordation of the first final plat subdividing all or part of the Property located within any portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference) or prior to the issuance of any permits for construction work within the portion of the Property identified as Phase 2 in the preliminary plat (Parcels 7, 8, 9, and 10 in that certain document titled La Jolla Vista Proposed Phasing Plan, which document was declared a public record by Resolution 2022-2255 and which is incorporated herein by this reference), whichever is earlier; and
26. Prior to recordation of the first final plat subdividing all or part of the Property or the approval of the first site plan, whichever is earlier, Owner shall remit a cost recovery payment to the City in the amount of $496,220.16 for payments owed for regional wastewater lines B and E, which have been fully constructed, pursuant to the Cost Recovery Resolution 06-1065 as modified by Resolution 14-1622 and as further modified by Resolution 16-1748 (the “Wastewater CRO”). Regional wastewater lines F and G2, which benefit the Property, were constructed pursuant to the Development Agreement for West Goodyear Sewer and Water Infrastructure recorded in the official records of the Maricopa County as Instrument 2017-0220433 (the “West Goodyear Joint IDA”) and no cost recovery payments are owed by Owner under the Wastewater CRO for regional wastewater lines F and G2 pursuant to the terms of the West Goodyear Joint IDA; and
27. Prior to recordation of the first final plat subdividing all or part of the Property or the approval of the first site plan, whichever is earlier, Owner shall remit a cost recovery payment to the city in the amount of $198,333.00 for payments owed for regional water lines A and B, which have been fully constructed, pursuant to the Cost Recovery Resolution 06-1064 as modified by Resolution 14-1621 and as further modified by Resolution 16-1747 (the “Water CRO; and
28. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to the Property and request that any assured water supply credits issued by ADWR as a result of any such extinguishment be credited to the City of Goodyear. Said extinguishment shall occur prior to approval of the first site plan for development within the Property, prior to the recordation of the first final plat subdividing all or part of the Property or prior to issuance of any construction permits for work within the Property, whichever is earlier.
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 all 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 October 24, 2022 the City Council adopted Ordinance No. 2022-1545 approving the rezoning for La Jolla Vista at West Goodyear which designated the parcels for R1-4 and R1-6 residential uses.
STAFF ANALYSIS
Current Policy:
Prior to subdividing a property, the owner must submit a preliminary plat that demonstrates compliance with 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. The required reports and studies submitted in connection with the application for the preliminary plat have been approved and demonstrate compliance with applicable subdivision regulations and design principals and the proposed preliminary plat demonstrates compliance with the property’s zoning, public objectives, subdivision design principles and standards, and streets and thoroughfare planning, including open space requirements. 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 or an extension has been obtained.
Details of the Request:
This request consists of subdividing approximately 201.01 gross acres into 736 lots and 59 tracts. One of the tracts will contain the central amenity center, another tract will contain an elementary school.
Existing land uses and zoning surrounding the subject property include the following:
North – County island, homes and vacant agricultural lands (largely zoned RU-43/city equivalent to AU (Agricultural Urban)) and Cottonflower (zoned PAD);
South – Vacant Neighborhood Commercial (zoned C-1), Agua Fria Union High School District vacant site (zoned R1-6), Vacant The Artesian at West Goodyear (Cotton Commons) (zoned MF-12 and MF-24);
East – Cottonflower (zoned PAD) and Sin Lomas (zoned PAD);
West – Pradera (zoned R1-4 and R1-6);
Luke Air Force Base and Phoenix Goodyear Airport:
The property does not fall within the Luke Air Force Base Accident Potential Zone or the DNL. However, the property does fall within the Luke Air Force Base Military Vicinity boundary thus disclosure statements shall be required as a condition of approval.
Fire Department:
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Police Department:
The proposed development 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:
The subject property will be served by city of Goodyear water and wastewater utilities.
Streets/Transportation:
The property will be accessed primarily from Citrus Road and Lower Buckeye Road. The Engineering Department has created stipulations to address traffic issues caused by the development of this property. Those stipulations address traffic signals, roadway construction and access to needed and adjacent streets.
School Districts:
The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. Both school districts have been notified of the rezoning request. Stipulations addressing an elementary school site donation have been included within the zoning and preliminary plat.
Staff Findings:
The Preliminary Plat for La Jolla Vista and the conditions/stipulations set forth herein are consistent with the requirements of Ordinance 2022-1545, the requirements in the Engineering Design Standards and Policies, the city’s subdivision regulations and the standards established within the La Jolla Vista at West Goodyear zoning case. The preliminary plat is consistent with public objectives, subdivision design principles and standards, and streets and thoroughfare planning. The information that accompanied it demonstrated the adequacy of utilities, open space and other public facilities necessary to serve the site.
Prior to subdividing a property, the owner must submit a preliminary plat that demonstrates compliance with 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. The required reports and studies submitted in connection with the application for the preliminary plat have been approved and demonstrate compliance with applicable subdivision regulations and design principals and the proposed preliminary plat demonstrates compliance with the property’s zoning, public objectives, subdivision design principles and standards, and streets and thoroughfare planning, including open space requirements. 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 or an extension has been obtained.
Details of the Request:
This request consists of subdividing approximately 201.01 gross acres into 736 lots and 59 tracts. One of the tracts will contain the central amenity center, another tract will contain an elementary school.
Existing land uses and zoning surrounding the subject property include the following:
North – County island, homes and vacant agricultural lands (largely zoned RU-43/city equivalent to AU (Agricultural Urban)) and Cottonflower (zoned PAD);
South – Vacant Neighborhood Commercial (zoned C-1), Agua Fria Union High School District vacant site (zoned R1-6), Vacant The Artesian at West Goodyear (Cotton Commons) (zoned MF-12 and MF-24);
East – Cottonflower (zoned PAD) and Sin Lomas (zoned PAD);
West – Pradera (zoned R1-4 and R1-6);
Luke Air Force Base and Phoenix Goodyear Airport:
The property does not fall within the Luke Air Force Base Accident Potential Zone or the DNL. However, the property does fall within the Luke Air Force Base Military Vicinity boundary thus disclosure statements shall be required as a condition of approval.
Fire Department:
Police Department:
The proposed development 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:
The subject property will be served by city of Goodyear water and wastewater utilities.
Streets/Transportation:
The property will be accessed primarily from Citrus Road and Lower Buckeye Road. The Engineering Department has created stipulations to address traffic issues caused by the development of this property. Those stipulations address traffic signals, roadway construction and access to needed and adjacent streets.
School Districts:
The subject property is located within the Avondale Elementary School District and the Agua Fria Union High School District. Both school districts have been notified of the rezoning request. Stipulations addressing an elementary school site donation have been included within the zoning and preliminary plat.
Staff Findings:
The Preliminary Plat for La Jolla Vista and the conditions/stipulations set forth herein are consistent with the requirements of Ordinance 2022-1545, the requirements in the Engineering Design Standards and Policies, the city’s subdivision regulations and the standards established within the La Jolla Vista at West Goodyear zoning case. The preliminary plat is consistent with public objectives, subdivision design principles and standards, and streets and thoroughfare planning. The information that accompanied it demonstrated the adequacy of utilities, open space and other public facilities necessary to serve the site.