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ITEM #: 10.
DATE: 03/07/2022

AI #:736
CITY COUNCIL ACTION REPORT
 
SUBJECT: FINAL PLAT FOR PEBBLE CREEK RETAIL
 
STAFF PRESENTER(S): Katie Wilken, Deputy Director of Development Services

OTHER PRESENTER(S):

Brian J Benedict, Hilgart Wilson LLC

SUMMARY

A Final Plat of Pebble Creek Retail being a re-plat of Tract A of the Final Plat for Pebble Creek Marketplace and of a Portion of Tract BD of the Final Plat for Palm Valley Phase VIII South Parcel and of and a plat subdividing of Pebble Creek Retail subdividing approximately 11.97 acres into 4 lots located south of West McDowell Road, East of Pebblecreek Parkway (the “Property”).

Recommendation

Approve the Final Plat of Pebble Creek Retail, subject to stipulations. (Katie Wilken, Deputy Director of Development Services)

STIPULATIONS

  1. Prior to recordation of the Final Plat of Pebble Creek Retail (the “Final Plat”), a current title report for the portion of the Property within the Final Plat identified as the Prescott Convention Center Property and a separate and current title report for the portion of the Property within the  Final Plat identified as the I-10  Pebble Creek Property shall be provided to the City Engineer or his designee and the Final Plat shall be modified to reflect current ownership and current lenders, including the addition of a Lender Consent and Subordination in a form approved by the City Attorney or his/her designee for all lenders with a security interest in any of the Property being platted herein.  Owners shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the party executing the Final Plat on behalf of the owner of is authorized to do so.
  2. Any technical corrections to the Final Plat required by the City Engineer shall be made prior to the recordation of the Final Plat
  3. Prior to the recordation of the Final Plat for Pebble Creek Retail, the city shall be provided, at no cost to the city, an access easement, which shall be recorded in the official records of the Maricopa County Recorder and which shall be in a form provided by the City Attorney or his designee, within the area that was formerly Tract A of the Final Plat for Pebble Creek Marketplace recorded in the Official Records of Maricopa County on March 15, 2019 at Book 1447 of Maps, Page 1, Instrument No. 2019 0182806 (the “Pebble Creek Marketplace Plat”).  The easement shall be lien free and shall provide the City of Goodyear an access easement for emergency services to Lots 1-8 and provide the access rights to Lots 1-8 as provided in the Pebble Creek Marketplace Plat.  The location of the easement shall be identified in the Final Plat for Pebble Creek Retail and the recording information shall be inserted into the Final Plat for Pebble Creek Retail prior to recordation of the Final Plat for Pebble Creek Retail.
  4. Prior to recordation of the Final Plat for Pebble Creek Retail, the city shall be provided, at no cost to the city, an Emergency Access Easement to Grayson Place Apartments within the location identified in the Final Plat. The easement shall be in a form provided by the City Attorney or his designee, shall be recorded in the official records of the Maricopa County Recorder, and the recording information inserted in the Final Plat prior to recordation of the Final Plat. 
  5. The city shall be provided, at no cost to the city, a 20’ waterline easement located west of the western boundary of Lot 1 of the Final Plat for Pebble Creek Retail and a 5’ water line easement located adjacent to the western boundary of Final Plat for Pebble Creek Retail in the locations reflected in the Final Plat.  The easement shall be lien free, in a form provided by the City Attorney or his designee, recorded in the official records of the Maricopa County Recorder.  No certificates of completion, temporary certificates of occupancy and/or certificates of occupancy shall be issued for any structure on the Property until the easement(s) required herein have been provided to the city and recorded in the official records of Maricopa County Recorder.   
  6. Owner, at Owner’s sole cost, shall construct all on-site and off-site water lines and appurtenances and all on-site and off-site sewer/wastewater lines and appurtenances needed for the city to provide water and wastewater service to the Property, and prior to the recordation of this Final Plat, Owner, at no cost to the City, shall have dedicated, in a form approved by the City Attorney or his designee, easement(s) needed for such water lines and appurtenance and/or sewer/wastewater lines and appurtenances.
  7. No Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property shall be issued until all off-site water and sewer infrastructure needed for the city to provide water and sewer service to the Property has been completed and accepted by the City Engineer or his/her designee subject to completion of the two-year warranty period and until all on-site and off-site drainage facilities needed for the acceptance, conveyance, retention and disposal of storm water as reflected in the approved grading and drainage plans for the Property have been completed.
  8. Prior to recordation of the Final Plat or the issuance of any construction permits for work within the Property, whichever is earlier, the owner of the portion of the Property within the Final Plat identified as the Prescott Convention Center Property and the owner of the portion of the Property within the  Final Plat identified as the I-10  Pebble Creek Property shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to their respective properties 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.

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

The property is currently zoned Planned Area Development (PAD) under the Pebble Creek Marketplace Mixed Use Phase II PAD, which was approved by City Council on September 24, 2018 by Ordinance 2018-1403. This final plat is proposing the subdivision of four lots which does not require a Preliminary Plat per the City’s Subdivision Regulations, which is required when a subdivision of more than 10 lots is proposed. A portion of the area being platted is a replat of a tract from the Pebble Creek Marketplace Final Plat to the east, approved in August 2018, and another portion is a replat of a portion of a tract from the Palm Valley Phase VIII Final Plat to the north, approved in September 2006.

STAFF ANALYSIS

Current Policy:
Prior to subdividing a property, the owner must demonstrate compliance with zoning for the property, public objectives, subdivision design principles and standards, streets and thoroughfare planning, and the adequacy of utilities, open space and other public facilities necessary to serve the subdivision. Generally, this showing is done as part of a preliminary plat. But because this subdivision is for a commercial development and consists of ten (10) or fewer lots, a preliminary plat is not required in this case. 

Surrounding Uses:
Existing land uses and zoning surrounding the subject property include the following:
  • North – Palm Valley Neighborhood, Residential, Palm Valley Phase VIII PAD
  • South – Interstate-10 and Canyon Trails Neighborhood, Residential, Canyon Trails Phase I PAD
  • East – Pebblecreek Marketplace, Commercial, Pebblecreek Village Marketplace PAD 
  • West – Grayson Place Apartments, Multi-family Residential, Pebble Creek Marketplace Mixed Use Phase II PAD
Details of the Request:
The request is for a final plat subdividing approximately 11.97 acres into four lots.  The subdivision is intended to facilitate the development of Potato Barn on the Property in accordance with the Pebble Creek Marketplace Mixed Use Phase II PAD.  

Luke AFB:
The subject property is not within the vicinity of Luke Air Force Base and will not be impacted by the base’s operations.

Phoenix Goodyear Airport:
The subject property is within the traffic pattern airspace of the Phoenix-Goodyear Airport but is about 2.5 miles from the 65 Ldn noise contour. The subdivision should have no impact on airport operations, nor be impacted by airport operations.






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 4.80 2.40 5.10 2.55 Station # 184/181
 
7.25 3.63 7.56 3.78

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:
The city of Goodyear is the water and wastewater service provider.

Streets/Access:
The subdivision will have access from West McDowell Road.

STAFF FINDINGS:
The Final Plat is consistent with the technical requirements of the city’s subdivision regulations and engineering standards. The Final Plat is consistent with the land use and development standards approved by the Pebble Creek Marketplace Mixed Use Phase II PAD for the Property. It provides for the orderly development of the property by identifying the required infrastructure needed to serve the development and the proposed subdivision is consistent with the General Plan and will not adversely impact the surrounding area.

 

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