| ITEM #: 16. DATE: 01/10/2022 AI #:637 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | FINAL PLAT OF AVION AT BALLPARK VILLAGE PHASE 1B |
| STAFF PRESENTER(S): | Christian M. Williams, Planner |
SUMMARY
A Final Plat for Avion at Ballpark Village Phase 1B subdividing approximately 26.15 acres into 120 Lots and 12 Tracts located west of the southwest corner of Estrella Parkway and Lower Buckeye Road (being renamed Ballpark Village Boulevard ).
Recommendation
Approve the Final Plat of Avion at Ballpark Village Phase 1B “Final Plat for Phase 1B”, subdividing approximately 26.15 acres into 120 Lots and 12 Tracts located west of the southwest corner of Estrella Parkway and Lower Buckeye Road (being renamed Ballpark Village Boulevard) (the “Property”) subject to stipulations. (Christian M. Williams, Planner)
STIPULATIONS
1. Any technical corrections to the Final Plat for Phase 1B 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 1B, 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 1B. 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 1B, Resolution 2022-2201 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 1B shall be recorded immediately following the recordation of Resolution 2022-2201.
4. Owner shall construct a pedestrian path along the northern boundary of the Property west of 157th Avenue within the area abandoned by Resolution 2022-2201 (the “Pedestrian Path”). The Pedestrian Path shall include a minimum of an eight (8) foot stabilized granite path with landscaping on either side of the pedestrian path comparable to landscaping required for a Collector Street Median with low water consumptive plants from the ADWR’s approved list and decomposed granite in accordance with the Engineering Design Standards and Policies.
5. Owner shall construct full south half-street improvements within the existing W. Lower Buckeye Road alignment (being renamed W. Ballpark Village Blvd.) from 156th Avenue to 157th 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 “Phase 1B Lower Buckeye Road/Ballpark Village Blvd. Improvements”).
6. 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.
7. 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.
8. 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 1B or the issuance of any construction permits for work within the Property, whichever is earlier.
9. 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 1B, 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 1B within which such sewer/wastewater lines and appurtenances are to be constructed.
10. Except for model homes, 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 Phase 1B Lower Buckeye Road/Ballpark Village Blvd. Improvements; (iii) 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 “Phase 1A Lower Buckeye Road/Ballpark Village Blvd. Improvements”); and (iv) all on-site utility infrastructure and street improvements needed to serve the structure for which the building permit is sought.
11. No building permits for model homes shall be issued until all necessary infrastructure needed to provide services to such structures have been substantially completed. This includes by way of example, off-site and on-site water lines and meters, off-site and on-site wastewater lines, and streets to access the structures for which the building permit is sought.
12. 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) Phase 1A Lower Buckeye Road/Ballpark Village Blvd. and the Phase 2A 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.
2. Prior to recordation of the Final Plat for Phase 1B, 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 1B. 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 1B, Resolution 2022-2201 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 1B shall be recorded immediately following the recordation of Resolution 2022-2201.
4. Owner shall construct a pedestrian path along the northern boundary of the Property west of 157th Avenue within the area abandoned by Resolution 2022-2201 (the “Pedestrian Path”). The Pedestrian Path shall include a minimum of an eight (8) foot stabilized granite path with landscaping on either side of the pedestrian path comparable to landscaping required for a Collector Street Median with low water consumptive plants from the ADWR’s approved list and decomposed granite in accordance with the Engineering Design Standards and Policies.
5. Owner shall construct full south half-street improvements within the existing W. Lower Buckeye Road alignment (being renamed W. Ballpark Village Blvd.) from 156th Avenue to 157th 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 “Phase 1B Lower Buckeye Road/Ballpark Village Blvd. Improvements”).
6. 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.
7. 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.
8. 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 1B or the issuance of any construction permits for work within the Property, whichever is earlier.
9. 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 1B, 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 1B within which such sewer/wastewater lines and appurtenances are to be constructed.
10. Except for model homes, 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 Phase 1B Lower Buckeye Road/Ballpark Village Blvd. Improvements; (iii) 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 “Phase 1A Lower Buckeye Road/Ballpark Village Blvd. Improvements”); and (iv) all on-site utility infrastructure and street improvements needed to serve the structure for which the building permit is sought.
11. No building permits for model homes shall be issued until all necessary infrastructure needed to provide services to such structures have been substantially completed. This includes by way of example, off-site and on-site water lines and meters, off-site and on-site wastewater lines, and streets to access the structures for which the building permit is sought.
12. 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) Phase 1A Lower Buckeye Road/Ballpark Village Blvd. and the Phase 2A 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.
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 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.
BACKGROUND AND PREVIOUS ACTIONS
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 Property, was approved by the City Council on March 22, 2021 .
STAFF ANALYSIS
The Final Plat for Phase 1B subdivides approximately 26.15 acres 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 is consistent with the General Plan and will not adversely impact the surrounding area. Further, the proposed subdivision is consistent with the technical requirements of the city’s subdivision regulations and engineering standards, and provides for the orderly development of the property by identifying the required infrastructure needed to serve the development.
Although the Avion Property is being subdivided by phases that include property owned by multiple entities, the Avion Property is being designed as a cohesive project. As such, infrastructure required to support the development of discrete portions of the Avion Property rely upon infrastructure required to support the development of other discrete portions of the Avion Property. The development of the Property is dependent upon the existence of various infrastructure improvements that are to be constructed in connection with the development of the property included within the Final Plat for Avion at Ballpark Village Phase 1A, being approved by separate action. Stipulations have been included to ensure that the required infrastructure improvements have been constructed prior to the issuance of building permits and/or the issuance of certificates of completion or occupancy.
As set forth in the attached preliminary plat Council Action Report, the proposed subdivision is consistent with the General Plan and will not adversely impact the surrounding area. Further, the proposed subdivision is consistent with the technical requirements of the city’s subdivision regulations and engineering standards, and provides for the orderly development of the property by identifying the required infrastructure needed to serve the development.
Although the Avion Property is being subdivided by phases that include property owned by multiple entities, the Avion Property is being designed as a cohesive project. As such, infrastructure required to support the development of discrete portions of the Avion Property rely upon infrastructure required to support the development of other discrete portions of the Avion Property. The development of the Property is dependent upon the existence of various infrastructure improvements that are to be constructed in connection with the development of the property included within the Final Plat for Avion at Ballpark Village Phase 1A, being approved by separate action. Stipulations have been included to ensure that the required infrastructure improvements have been constructed prior to the issuance of building permits and/or the issuance of certificates of completion or occupancy.