| ITEM #: 8. DATE: 01/10/2022 AI #:610 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AUTHORIZE THE ABANDONMENT OF PORTIONS OF LOWER BUCKEYE ROAD FOR FINAL PLAT OF AVION AT BALLPARK VILLAGE-PHASE 1A |
| STAFF PRESENTER(S): | Linda Beals, Real Estate Coordinator |
SUMMARY
Abandonment of portions of Lower Buckeye Road adjacent to the Avion at Ballpark Village-Phase 1A development located at the southwest corner of Lower Buckeye Road and Estrella Parkway.
Recommendation
ADOPT RESOLUTION NO. 2022-2200 CONDITIONALLY VACATING A PORTION OF A STREET KNOWN AS LOWER BUCKEYE ROAD ALONG THE NORTHERN BOUNDARY OF THE PROPERTY WITHIN THE FINAL PLAT OF AVION AT BALLPARK VILLAGE PHASE 1A; EXTINGUISHING CITY’S EASEMENT INTEREST PORTION OF LOWER BUCKEYE ROAD BEING VACATED; AND PROVIDING: EFFECTIVE DATE FOR VACATING STREET AND EXTINGUISHMENT OF EASEMENT, DIRECTION, AND EFFECTIVE DATE OF RESOLUTION. (Linda Beals, Real Estate Coordinator)
FISCAL IMPACT
There will be no fiscal impact to the City in the fiscal year 2022 or future years related to the abandonment of the portions of roadway.
BACKGROUND AND PREVIOUS ACTIONS
Avion at Ballpark Village is an approximate 154-acre planned area development located at the southwest corner of Lower Buckeye Road and Estrella Parkway (the “Avion Property”). On October 26, 2020, the City Council adopted Ordinance No. 2020-1480 conditionally rezoning approximately 154 acres to the PAD zoning district with the adoption of the Avion at Ballpark Village Planned Area Development, and on March 22, 2021, Council approved a Preliminary Plat for Avion at Ballpark Village subject to stipulations. Currently, the Avion Property is split into five (5) parcels owned by different entities and two final plats are being presented tonight as separate council items subdividing portions of the Avion Property, the Avion at Ballpark Village-Phase 1A Final Plat and the Avion at Ballpark Village-Phase IB Final Plat (“Final Plats”).
STAFF ANALYSIS
The current right-of-way for the south half of Lower Buckeye Road, along the north boundary of the portion of the Avion Property included within the Avion Phase 1A Final Plat being presented by separate item is 40 feet. Given the layout of the portion of the Avion Property included within the Avion Phase 1A Final Plat, the city only requires 30 feet of right-of-way for this portion of Lower Buckeye Road. Because the city only requires 30 feet of right-of-way for the south-half of Lower Buckeye Road along the frontage of the Avion Property located within the Avion at Ballpark Village-Phase IA Final Plat, the city has been asked to abandon the excess 10-feet of right-of-way located adjacent to the northern boundary of the property included within the Avion Phase 1A Final Plat.
Staff’s support of the abandonment is contingent upon the subsequent approval and recordation of the Avion at Ballpark Village-Phase IA Final Plat. Under the terms of the Resolution 2022-2200, the abandonment will not be effective until the resolution is recorded and the recordation of the resolution cannot occur until council approves the Avion at Ballpark Village-Phase IA Final Plat being presented during this meeting as a separate council action, all actions required for the recordation of the Avion at Ballpark Village-Phase IA Final Plat have been satisfied and staff has received a fully executed final plat with direction to record the final plat. The Avion at Ballpark Village-Phase IA Final Plat is to be recorded immediately after the recordation of Resolution 2022-2200.
Staff recommends the adoption of Resolution 2022-2200 providing for the abandonment of the right-of-way described in Resolution 2022-2200 and the extinguishment of the city’s easement interests in such right-of-way subject to the terms in such resolution.
Staff’s support of the abandonment is contingent upon the subsequent approval and recordation of the Avion at Ballpark Village-Phase IA Final Plat. Under the terms of the Resolution 2022-2200, the abandonment will not be effective until the resolution is recorded and the recordation of the resolution cannot occur until council approves the Avion at Ballpark Village-Phase IA Final Plat being presented during this meeting as a separate council action, all actions required for the recordation of the Avion at Ballpark Village-Phase IA Final Plat have been satisfied and staff has received a fully executed final plat with direction to record the final plat. The Avion at Ballpark Village-Phase IA Final Plat is to be recorded immediately after the recordation of Resolution 2022-2200.
Staff recommends the adoption of Resolution 2022-2200 providing for the abandonment of the right-of-way described in Resolution 2022-2200 and the extinguishment of the city’s easement interests in such right-of-way subject to the terms in such resolution.