Approve a Final Plat for Avion at Ballpark Village Phase 1A subdividing approximately 56.02 acres into 207 Lots and 30 Tracts located at the southwest corner of Estrella Parkway and Lower Buckeye Road (being renamed Ballpark Village Boulevard) and a form of easement for the dedication of a Temporary Turnaround Easement needed to support the development of the property with the Final Plat for Avion at Ballpark Village Phase 1A.
 

1. Approve form of Temporary Turnaround Easement, authorize City Attorney or designee to finalize the easement to reflect current ownership and lender consent after obtaining current title report for the easement area, and authorize and direct City Manager or designee to execute and have the executed easement recorded in the official records of Maricopa County.
2. Approve the Final Plat of Avion at Ballpark Village Phase 1A (the “Final Plat for Phase 1A”), subdividing approximately 56.02 acres into 207 Lots and 30 Tracts located at the southwest corner of Estrella Parkway and Lower Buckeye Road (being renamed Ballpark Village Boulevard) (the “Property”) subject to the following stipulations: (Christian Williams, Planner) 

1. Any technical corrections to the Final Plat for Phase 1A required by the City Engineer or his designee shall be made prior to the recordation of the plat.
2. Prior to recordation of the Final Plat for Phase 1A, Owner shall submit an updated title report for the Property and shall modify this plat to reflect the current ownership and current lender including 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 the property being platted in the Final Plat for Phase 1A. Owner shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the party executing the final plat is authorized to do so.
3. Prior to the recordation of the Final Plat for Phase 1A, Resolution 2022-2200 approved by separate council action vacating a section of W. Lower Buckeye Road (being renamed Ballpark Village Blvd.) and extinguishing any interest the City has in the right-of-way/road easements in the section of Lower Buckeye Road being vacated shall be recorded in the official records of the Maricopa County Recorder.  The Final Plat for Phase 1A shall be recorded immediately following the recordation of Resolution 2022-2200.
4. Owner shall construct full south half-street improvements within the existing W. Lower Buckeye Road alignment (being renamed W. Ballpark Village Blvd.) from Estrella Parkway to 156th Avenue required for a Minor Collector Road, which road shall include but not limited to: paving consisting of a minimum 4-foot bike lane and two 12-foot travel lanes, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Lower Buckeye Road/Ballpark Village Blvd. Improvements”).
5. Owner shall construct full west half-street improvements to Estrella Parkway required for a Scenic Arterial as set forth in the Engineering Design Standards in effect at the time of construction for the section of Estrella Parkway along the eastern boundary of the Property, which improvements include, but are not limited to, pavement, curb and gutter, sidewalks, bus bays, street frontage landscape and landscape irrigation, and street lighting (the “Estrella Parkway Improvements”).  
6. Owner shall make an in-lieu payment for 25% of the cost of a full traffic signal (all four arms) at the intersection of Lower Buckeye Road (being  renamed Ballpark Village Blvd.) and Estrella Parkway;  The in-lieu payment shall be made prior to the recordation of the Final Plat for Phase 1A and 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.
7. Owner shall relocate existing traffic signal improvements (the existing pole and mast arm) at the northwest corner of the intersection of Estrella Parkway and Elwood Street and enhance the traffic signal improvements at this intersection by: installing conduit from the northwest corner to the southwest corner of this intersection, adding pedestrian push button poles near the ADA ramps at the northeast and southwest corners of this intersection.
8. Owner shall install traffic signal improvements on the southeast corner of the intersection of Wood Blvd and Estrella Parkway (the final arm of this intersection) and relocate any existing traffic signal improvements at the intersection of Wood Blvd. and Estrella Parkway as needed for the completion of the full traffic signal at this intersection.
9. In addition to the specific infrastructure identified herein, Owner shall construct all infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies.  All infrastructure improvements Owner is required to construct shall be at constructed in conformance with the requirements in place at the time of construction and at no cost to the City.
10. Owner shall dedicate, at no cost to the City, all rights-of-way and/or easements within and outside the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for making in-lieu payments; (iv) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein, and/or (vi) infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies.  The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the City, free of all other easements or other encumbrances.  Unless the timing of the required dedications is modified by any stipulation in this ordinance, the terms of a written development agreement approved by the Council or a written phasing plan approved by the City Engineer or his designee, all dedications shall be made prior to or concurrent with recordation of a final plat that includes the area in which the dedicated property is located as required by the City Engineer or his designee.
11. Owner shall apply to the Arizona Department of Water Resources (ADWR) for the extinguishment of the Type 1 Rights appurtenant to all of the property rezoned by Ordinance 2020-1480 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 recordation of the Final Plat for Phase 1A or the issuance of any construction permits for work within the Property, whichever is earlier.
12. Owner shall dedicate to the City, at no cost to the City and in a form approved by the City Attorney or his designee, drainage easements located within or outside the boundaries of portion of the Property being platted prior to or concurrent with the recordation of any final plat that will accommodate storm-water run-off generated from the portion of the Property being platted, from historical flows from the portion of the Property being platted, and from roadways within and adjacent to the portion of the Property being platted. 
13. Owner, at Owner’s sole cost, shall construct all on-site and off-site sewer/wastewater lines and appurtenances needed for the city to provide wastewater service to the Property, and prior to the recordation of this Final Plat for Phase 1A, Owner, at no cost to the City, shall have dedicated by separate instrument, in a form approved by the City Attorney or his designee, sewer easement(s) for the areas outside the boundaries of the Final Plat for Phase 1A within which such sewer/wastewater lines and appurtenances are to be constructed.
14. Except for model homes and recreational facilities Owner is required to construct, no building permits for any structure shall be issued until all the following have been substantially completed: (i) off-site utility infrastructure improvements needed to serve the Property; (ii) the Estrella Parkway Improvements; (iii) the Lower Buckeye Road/Ballpark Village Blvd. Improvements; (iv) and all on-site utility infrastructure and street improvements needed to serve the structure for which the building permit is sought.
15. No certificates of completion or occupancy shall be issued for any structure within the Property until: (i) all off-site utility infrastructure improvements Owner is required to construct for the city to provide utility service to the Property have been completed and accepted by the City Engineer subject to completion of the two-year warranty period; (ii) the Estrella Parkway Improvements and the Lower Buckeye Road/Ballpark Village Blvd. Improvements have been completed and accepted by the City Engineer subject to completion of the two-year warranty period; and (iii) all other conditions and requirements for the issuance of a certificate of completion or occupancy have been satisfied.
16. Prior to the recordation of the Final Plat for Phase 1A, the temporary turnaround easement being approved herein shall be recorded in the official records of the Maricopa County Recorder and the recording information shall be inserted into the Final Plat for Phase 1A.
17. No building permits shall be issued for Lots 569-573, inclusive and Lots 39-41, inclusive, until road improvements for the section of W. Kendal Street adjacent to such lots have been completed and either (1) street improvements for a cul-de-sac have to be constructed on the adjacent property where the section of W. Kendall Street that terminates at the end of the western boundary of the Final Plat for Phase 1A or (2) street improvements have to be constructed on the adjacent property for W. Kendall Street between South 157th Lane and street improvements have to be constructed on the adjacent property for South 157th Lane between W. Kendall Street and W. Lower Buckeye Road (being renamed W. Ballpark Village Blvd.).

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.

The Property, which is part of an approximate 153.66-acre development to be known as the Avion at Ballpark Village (the 153.66 acres is hereinafter referred to as the “Avion Property”), was rezoned on October 26, 2020, by Ordinance No. 2020-1480.  The Avion at Ballpark Village Preliminary Plat, which included all of the Avion at Ballpark Village property, was approved by the City Council on March 22, 2021.
 

The Final Plat for Phase 1A subdivides approximately 56.02 of the Avion Property.  The Avion Property was split by the former owner into 5 separate parcels and was conveyed to 5 different owners, all of which were controlled by Communities Southwest, Inc., but which are now being sold to other entities.  The Avion Property is being subdivided by phases that include property owned by multiple entities. 
 
As set forth in the attached preliminary plat Council Action Report, the proposed subdivision reflected in the Final Plat for Phase 1A is consistent with the General Plan and will not adversely impact the surrounding area. Further, the proposed subdivision is consistent with the Avion at Ballpark Village Preliminary Plat, the technical requirements of the city’s subdivision regulations and the engineering standards, and provides for the orderly development of the property by identifying the required infrastructure needed to serve the development.
 
The development of the property within the Final Plat for Phase 1A requires the abandonment of a portion of existing right-of-way for a section of W. Lower Buckeye Road (being renamed W. Ballpark Village Blvd.) and the construction of infrastructure improvements outside the boundaries of the Final Plat for Phase 1A. 
 
Requests for Council approval of the abandonment of a portion of existing right-of-way for W. Lower Buckeye Rd, easements needed for the construction of wastewater lines located outside the boundaries of the Final Plat for Phase 1A; and easements for the construction of temporary drainage facilities located outside the boundaries of the Final Plat for Phase 1A are being presented by separate action. A request for the approval of a form of temporary turnaround easement is being presented herein. 
 
To comply with applicable development regulations, either (1) street improvements for a cul-de-sac have to be constructed on the adjacent property where the section of W. Kendall Street that terminates at the end of the western boundary of the Final Plat for Phase 1A or (2) street improvements have to be constructed on the adjacent property for W. Kendall Street between South 157th Lane and street improvements have to be constructed on the adjacent property for South 157th Lane between W. Kendall Street and W. Lower Buckeye Road (being renamed W. Ballpark Village Blvd.).  Because of existing irrigation facilities, staff expects that cul-de-sac improvements will be constructed where W. Kendall Street terminates at the end of the western boundary of the Final Plat for Phase 1A.  A temporary turnaround easement is needed for these improvements. 
 
Although the adjacent property is part of Avion at Ballpark Village, the ownership of the property is in flux and the temporary turn-around easement cannot be executed.  Staff is asking council to approve the form of easement and authorize the City Attorney or his designee to finalize to easement to reflect current ownership and lender consent after obtaining a current title report for the easement area, and to authorize and direct city manager or designee to execute and have the executed easement recorded in the official records of Maricopa County.  The Final Plat for Phase 1A will not be able to be recorded until this occurs and the recording information is inserted in to the final plat.