2. The provision of adequate water and sewer to accommodate the subdivision prior to vertical construction;

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1 AGENDA ITEM # DATE: October 4, 2010 COAC NUMBER: CITY OF GOODYEAR CITY COUNCIL ACTION FORM SUBJECT: Final Plat for PebbleCreek Phase II Unit 42 Phase 2. STAFF PRESENTER: Steve Careccia, Planner III CASE NUMBER: APPLICANT: Mark Maloney, B & R Engineering RECOMMENDATION: City Council approve the final plat for PebbleCreek Phase II Unit 42 Phase 2 subdividing acres into 50 single family lots and three tracts generally located northwest of the intersection of Sarival Avenue and Clubhouse Drive within the PebbleCreek Phase II PAD, subject to the following stipulations: 1. Compliance with those conditions stated in Section II of Ordinance Nos and that rezoned the land being developed as PebbleCreek Phase II; 2. The provision of adequate water and sewer to accommodate the subdivision prior to vertical construction; 3. The completion of road improvements (pavement, curb, gutter, sidewalk, street lighting, and landscaping) within and abutting the subdivision as per the Engineering Design Standards and Policies Manual or in accordance with approved exceptions as established by the PebbleCreek development agreement and Planned Area Development; 4. Streets within the subdivision shall be privately owned and maintained. The developer and/or homeowners association shall bring the streets to current City standards in the event that a request is made to dedicate the streets to the City of Goodyear; 5. All improvement plans, including civil engineering and landscape plans, shall be reviewed and approved by the City Engineer, or designee, prior to recordation of the final plat for this subdivision; 6. All public improvements constructed by the developer or successors within City of Goodyear rights-of-way or easements shall be subject to a warranty period of not less than two years from the date of acceptance by the City Engineer; 7. Improvements along the entire frontage of Lot No. 10 shall be completed concurrently with the improvements for North 164 th Drive;

2 8. The installation and location of fire hydrants and emergency access ways shall be reviewed and approved by the Fire Chief, or designee, prior to vertical construction; 9. The underground placement of all permanent utilities, excluding power lines 69 kv or larger, within the proposed development and abutting the development s portion of perimeter arterial streets per phase prior to issuance of the first certificate of occupancy for the development; 10. The homeowners association shall be responsible for the maintenance of all tracts; 11. Building elevations for all dwellings to be constructed in this subdivision shall be submitted to City staff for review and approval prior to submittal of any single family building permit applications; 12. The same elevation for dwelling units shall not be placed side by side or directly across the street from one another unless the elevation is fundamentally different as determined by City staff during the design review process; 13. The developer shall make every effort to encourage a variation in building elevations and configurations; 14. The developer shall post signage within all subdivision sales offices identifying the location of the Luke Air Force Base Accident Potential Zones (APZs), 65 Ldn and higher noise contours, and departure corridors, as well as the Phoenix-Goodyear Airport Traffic Pattern Area and noise contours per the Goodyear General Plan (Policy B-3e of Section 9.2). This display shall include a 24-inch by 36- inch map at the main entrance of such sales facilities and shall include the approximate locations of the homes being sold clearly depicted. The required contents of the map shall be provided by the City of Goodyear; 15. The following information shall be disclosed in the Public Sales Report and shall be provided in a separate waiver agreement, which shall run with the land, for each initial homebuyer to sign: PebbleCreek Phase II Unit 42 Phase 2 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, Luke Air Force Base and/or the Phoenix-Goodyear Airport. The owner does release and discharge the City of Goodyear, developer, and homebuilder from any liability for any and all 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 and over the area ; 16. The following information shall be disclosed in the Public Sales Report and shall be provided in a separate waiver agreement, which shall run with the land, for each initial homebuyer to sign: PebbleCreek Phase II Unit 42 Phase 2 may be subject to noise intrusion from the operation of the Arizona Motorsports Park generally located at Camelback Road and Reems Road should it resume operation at some future date ; Page 2 of 5

3 17. The following information shall be disclosed in the Public Sales Report and shall be provided in a separate acknowledgement, which shall run with the land, for each initial homebuyer to sign: PebbleCreek Phase II Unit 42 Phase 2 will be subject to attendant noise and visible intrusion from Interstate 10, the Loop 303, and the elevated stack interchange connecting the two freeways ; 18. The following information shall be disclosed in the Public Sales Report and shall be provided in a separate acknowledgement, which shall run with the land, for each initial homebuyer to sign: PebbleCreek Phase II Unit 42 Phase 2 is within the vicinity of agricultural uses and is therefore subject to noise, dust, and odors associated with such uses ; 19. All corner lots shall be developed with single story homes; 20. Driveways on key lots shall be located on the opposite side from the lot line that the key lot has in common with the corner lot, and a corresponding note shall be placed on the final plat for this subdivision; and, 21. The approval of landscape construction plans and erosion damage construction plans for the area north of the McDowell Road right-of-way, west of Sarival Avenue, must be obtained from the City of Goodyear prior to recordation of this final plat. EXECUTIVE SUMMARY: The final plat for PebbleCreek Phase II Unit 42 Phase 2 encompasses acres that will be developed with 50 single family residential lots and three tracts. A mix of lot sizes is proposed with lot widths from 50 to 80 feet. The final plat is consistent with the approved preliminary plat and the land use, development standards, and density approved for this unit by the PebbleCreek Phase II PAD. COMMUNITY BENEFIT: The proposed development will provide additional housing opportunities within the City of Goodyear. The development of the property will also provide an increase in the City s construction sales tax revenues. CURRENT POLICY: According to state and local laws, the subdivision of land must be reviewed and approved by the local governing body before recordation of a final plat. HISTORICAL INFORMATION: On August 24, 1998, the City Council approved Ordinance Nos and conditionally rezoning approximately 1,600 acres to be developed as the second phase of the Page 3 of 5

4 PebbleCreek Golf Resort. Phase II is generally located between Indian School Road and McDowell Road, and between PebbleCreek Parkway and the Loop 303. On May 9, 2005, the City Council approved a development agreement for Phase II with the adoption of Resolution No This agreement removed all residential units from within the 65 Ldn noise contour of Luke AFB. The agreement also addressed the funding of a sound wall along the Loop 303, the location of a fire station site, density transfers, and development fees. The preliminary plat encompassing Unit 42 Phase 2 was approved by the City Council on January 11, DISCUSSION: Existing and proposed land uses surrounding Unit 42 Phase 2 include the following: North Proposed single family development within the PebbleCreek PAD. South Proposed single family development within the PebbleCreek PAD and the Tuscany Falls clubhouse facility. East Sarival Avenue and existing single family development within the PebbleCreek PAD. West Golf course within the PebbleCreek PAD. Details of the Request: The final plat encompasses acres that will be developed with 50 single family residential lots and three tracts. A mix of lot sizes is proposed with lot widths from 50 feet to 80 feet. Staff Analysis and Findings: The final plat is consistent with the approved preliminary plat and the land use, development standards, and density approved for this unit by the PebbleCreek Phase II PAD. The final plat is consistent with the requirements of the City s Subdivision Regulations. The proposed subdivision configuration provides for the orderly development of the property and contains provisions for the extension and construction of necessary infrastructure to serve the development. DEPARTMENTAL/FUNCTIONAL IMPACTS: Luke Air Force Base: Luke Air Force Base has reviewed the proposed plan for Unit 42 and is recommending that the developer review the sound attenuation requirements found in A.R.S and provide an aggressive notification program. Conditions of plat approval require the developer to provide several means of disclosure and notification to future homebuyers concerning base operations. Page 4 of 5

5 Fire/Response Time Impact: Fire Station No. 185 is located at the southwest corner of PebbleCreek Parkway and Clubhouse Drive approximately one mile from the Unit 42 Phase 2 subdivision. Solid Waste: Solid waste collection will be provided at curbside by the City of Goodyear in accordance with standard solid waste collection policy. Streets/Access: All streets within this subdivision will be private and maintained by the HOA. Water/Wastewater Impacts: PebbleCreek is located within the service area of the Liberty Water Company (fka LPSCo) for water and wastewater services. ATTACHMENTS: 1. Vicinity Map 2. Final Plat for PebbleCreek Phase II Unit 42 Phase 2 3. December 7, 2009, Letter from James R. Mitchell, Luke Air Force Base Page 5 of 5

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