Stuart Barney, Newland Communities

Preliminary Plat for Estrella Parcel 11.I1, subdividing approximately 9 acres of property into 38 lots and 3 tracts.

1. Prior to approval of all final plats platting any portion of Parcel 11.I.1 (the “Property”), owner shall demonstrate to the city that adequate potable water resources exist to serve the Property in the form of Equivalent Dwelling Units (EDU) pursuant to any development agreement with the City. The EDU calculation demonstrating compliance with such agreement shall be placed on the final plat;
2. Final plats subdividing all or part of the Property shall not be approved unless they provide for secondary access points and a looped water system that meet applicable standards.   No final plat subdividing all or part of the Property shall be recorded until all dedications of easements and/or right-of-way located outside the boundaries of the portion of the Property included in the final plat(s) needed for secondary access points and a looped water system have been recorded and recording information inserted onto the final plat(s).  All of the easements referred to herein shall be in a form approved by the City Attorney or his designee and the rights-of-way shall be dedicated lien free and in fee.  
3. Owner shall dedicate to the City by separate instrument a 20-foot wide Sewer Easement located along the northern boundary of this preliminary plat and connecting to an existing 20’ wide sanitary sewer easement as recorded in 2018-0386172, M.C.R.  The easement shall be in a form approved by the City Attorney or his/her designee.   The easement referred to herein shall be recorded prior to the recordation of the first final plat subdividing all or part of the Property, and the recording information for the easement shall be inserted onto the final plat before it is recorded.
4. Owner shall dedicate to the City by separate instrument, all easements and right-of-way for the areas located outside the Property in which infrastructure needed to provide access and utility services, including water, wastewater and electrical, service to the Property.  This may include, but is not limited to, water easements, sewer easements, public utility easements, access easements, and right-of-way.  All of the easements referred to herein shall be in a form approved by the City Attorney or his designee and the rights-of-way shall be dedicated lien free and in fee.   The easements and conveyances referred to herein shall be recorded prior to the recordation of the first final plat subdividing all or part of the Property, and the recording information for the easements and conveyances shall be inserted onto the final plat before it is recorded.
5. Prior to recordation of the first final plat subdividing all or part of the Property, Owner shall, by separate instrument, convey to the City in fee and lien free the real property needed for the construction of the Sendero Sanitary Sewer Lift Station and for providing access to the Sendero Lift Station. 
6. Owner shall be responsible for constructing the Sendero Sanitary Sewer Lift Station prior to or concurrent with the construction of the infrastructure needed to serve the Property and financial assurances in an amount sufficient to ensure the completion of the Sendero Sanitary Sewer Lift Station shall be provided to the City prior to the recordation of first final plat subdividing all or part of the Property. 
7. Unless dedicated within the first final plat subdividing all or part of the Property, Owner shall, prior to recordation of such first final plat, dedicate to the City by separate instrument: (i) all right of-way needed for the construction of the section of Sendero Drive between Hillside Drive and the West Ardmore Road alignment and (ii) public utility easements along all road right-of-way to be dedicated herein.  The easements referred to herein shall be in a form approved by the City Attorney or his designee and the rights-of-way shall be conveyed dedicated lien free and in fee.   The easements and conveyances referred to herein shall be recorded prior to the recordation of the first final plat subdividing all or part of the Property, and the recording information for the easements and conveyances shall be inserted onto the final plat before it is recorded. 
8. Owner shall be responsible for constructing full street improvements, including improvements for wash crossings, pursuant to construction plans approved by the City Engineer or his designee, for the section of Sendero Drive between Hillside Drive and the West Ardmore Road Alignment prior to or concurrent with the construction of the infrastructure, within the Property and outside the boundaries of the Property, needed to serve the Property and financial assurances in an amount sufficient to ensure the completion of the Sendero Drive improvements shall be provided to the City prior to the recordation of first final plat subdividing all or part of the Property.
9. No building permits shall be issued for vertical construction except for model homes until Sendero Sanitary Lift Station has been completed and accepted by the City Engineer or his designee subject to the two-year warranty period.  No certificates of completion or occupancy shall be issued for any structure within the Property, including model homes, until the Sendero Sanitary Lift Station has been completed and is in service. 
10. All existing above ground utility lines, excluding power lines 69 kv or larger, within and abutting the Property shall be undergrounded prior to issuance of any certificate of completion or certificate of occupancy, other than for model homes. 
11. The developer shall provide a waiver agreement for each initial homebuyer to sign, and shall include the following statement in the waiver agreement as well as a similar statement in the Public Sales Report and on the final plat: “Parcel 11.I1 is subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflights and by the operation of aircraft landing at or taking off from Phoenix-Goodyear Airport and Luke Air Force Base. The Owner does release and discharge the City of Goodyear from any liability for any and all claims for future damages and complaints of any kind to persons of property that may arise at any time in the future from the operation of such aircraft near and over the area.”

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.

On November 26, 2018, the City Council adopted Ordinance No. 2018-1413 approving the Lucero PAD Amendment. The Lucero PAD Amendment, designates the subject parcel as Low/Medium Density Residential.
 
The Planning and Zoning Commission recommended approval of the Preliminary Plat (6-0) on January 13, 2021.
 

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 preliminary plat presented herein, subject to the satisfaction of the conditions of approval and as discussed below, satisfies the foregoing 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 included in the preliminary plat or an extension has been obtained.
 
Details of the Request:
The request is to subdivide approximately 9.29 acres into 38 lots and 3 tracts. The subdivision will be accessed from Sendero Drive.

Surrounding development includes:

• North – Future Parcel 11.E
• East – Tucson Electric Power (TEP) and SRP Easements; Parcel 11.C
• South – Sendero Drive, Future Parcel 11.I2
• West – Sendero Drive, Open Space

The typical lot within the subdivision will be 47-feet wide and 90-feet deep. As designated in the PAD, minimum setbacks are 18-feet to the front, 6-feet for the sides, and 10-feet for the rear. Lot coverage is 60%. The maximum building height is 30 feet. A specific housing product or homebuilder has yet to be determined. 

School Districts:
The subject property is located within the Liberty Elementary School District and the Buckeye Union High School District. Westar Elementary School and Estrella Foothills High School are located approximately 4 miles from Lucero.
 
Luke Air Force Base and Phoenix Goodyear Airport:
The subject property is located in the vicinity of Luke Air Force Base and the Phoenix Goodyear Airport Traffic Pattern Airspace. A stipulation has been included to require a general note on the final plat to inform the public and homeowners of base and airport operations and the potential for attendant noise and potential over-flights.
 
Fire Department:
Emergency response times and distances are provided below:
 

Nearest Goodyear Fire Station	Shortest path		Longest path			2nd nearest Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles			Mins	Miles	Mins	Miles
#182	4.29	2.14	4.91	2.45		#184/181	12.11	6.05	12.73	6.36

 
Police Department:
This parcel is located within an existing patrol beat and the current level of service within the patrol beat can accommodate development of the property.
 
Solid Waste/Recycling:
Solid waste and recycling will be provided by the city of Goodyear.
 
Water/Wastewater:
Water and wastewater services will be provided by the city of Goodyear.
 
Streets/Transportation:
The parcel will be accessible by two points of entry off of Sendero Drive. All streets within the subdivision will be public and constructed to city standards. 
 
Staff Findings:
The Planning and Zoning Commission considered this item during its meeting on January 13, 2021.  During that meeting, the applicant provided staff with a document reflecting minor changes the applicant wanted to be made to the stipulations.  The applicant was advised the requested changes would be considered and if accepted would be included in the stipulations of approval presented to Council.
 
With the exception of a change to an easement reference, the changes to the stipulations that were requested were editorial in nature and did not change the substance or intent of the stipulations.  Accordingly, those changes have been incorporated into the stipulations set forth herein.  The reference to the easement that was included in the stipulations presented to the Planning and Zoning Commission was based on the reference in the preliminary plat itself.  As it turns out, the easement reference in the preliminary plat was incorrect.  The preliminary plat being presented includes the correct easement reference and the requested change to the easement reference to the stipulation presented to the Planning and Zoning Commission is included in the stipulations set forth herein.  A redlined copy of the changes made to the stipulations is attached. 
 
The Preliminary Plat is consistent with the land use, development standards and density approved by the Lucero PAD zoning. The Preliminary Plat is consistent with the technical requirements of the City’s Subdivision Regulations and Engineering Design Standards. The proposed subdivision provides for the orderly development of the property by identifying the required infrastructure needed to serve the development. As previously noted, the Planning and Zoning Commission recommended approval of the Preliminary Plat (6-0) on January 13, 2021.