| ITEM #: 13. DATE: 06/26/2023 AI #:1551 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | RE-PLAT OF ARTESIAN CASITAS AT WEST GOODYEAR |
| STAFF PRESENTER(S): | Marty Crossland, Interim Deputy Director of Development Engineering |
OTHER PRESENTER(S):
Jeff Curran, Senior Vice President - 29th Street Capital
SUMMARY
A Re-Plat of the Minor Land Division of Artesian Casitas at West Goodyear subdividing approximately 39 acres at the southeast corner of Lower Buckeye Road and 173rd Avenue into 2 lots, and dedicating public streets and easements.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve the Re-Plat of Artesian Casitas at West Goodyear subdividing approximately 39 acres at the southeast corner of Lower Buckeye Road and 173rd Avenue (the “Property’) into two (2) and dedicating public streets and easements, subject to stipulations. (Marty Crossland, Deputy Director of Engineering Development)
STIPULATIONS
1. All technical corrections to this re-plat required by the City Engineer or designee shall be made prior to the recordation of the Final Plat;
2. Prior to recordation of the Re-Plat of Artesian Casitas at West Goodyear, Owner shall submit an updated title report for the property and shall modify this plat to reflect the current ownership and current lender including on the re-plat 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 herein.
3. Prior to recordation of the Re-Plat of Artesian Casitas at West Goodyer, 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.
4. Prior to recordation of the Re-Plat of Artesian Casitas at West Goodyear, Owner shall insert Owner shall have obtained an access easement across the city-owned property to the east of the Property, which shall be recorded with the Maricopa County Recorder’s Office and the recording information shall be inserted into the replat.
5. Prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any permit for work within the Property, whichever is earlier, a reimbursement in the amount of $39,666.00 for the reimbursements owed per the Cost Recovery Resolution – Water Delivery Lines for water delivery lines A ($12,035.00) and B ($27,631.00) shall be paid to the City. No permits shall be issued for any construction work within the Property until the payments referred to herein have been paid to the City.
6. Prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any permit for work within the Property, whichever is earlier, a reimbursement in the amount of $135,759.00 for the reimbursements owed per the Cost Recovery Resolution – Wastewater Trunk Lines for wastewater trunk lines B ($71,509.00) E ($27,735.55) and F ($36,514.43) shall be paid to the City. No permits shall be issued for any construction work within the Property until the payments referred to herein have been paid to the City
7. Owner is responsible for a proportionate share of the costs of a full traffic signal (all four legs) at the intersections identified below. Owner shall make an in-lieu payment for the cost of traffic signals infrastructure at intersections adjacent to the Property. The in-lieu payment 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. The Property Owner’s traffic signal obligations include:
• 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 173rd Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with the recordation of the Re-Plat of Artesian Casitas at West Goodyear or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
• 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 175th Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with the recordation of the Re-Plat of Artesian Casitas at West Goodyear or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
8. Property Owner shall remit to the City an in-lieu payment for one-half the cost of a full median and full-median landscaping, for Lower Buckeye Road. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the Re-Plat of Artesian Casitas at West Goodyear or prior to the issuance of any permits for construction work within the Property.
9. Prior to the City’s acceptance of the 175th Avenue Improvements, property owner shall terminate the existing Roosevelt Irrigation Easement (Bk 23 of Maps, Page 19 M.C.R.).
2. Prior to recordation of the Re-Plat of Artesian Casitas at West Goodyear, Owner shall submit an updated title report for the property and shall modify this plat to reflect the current ownership and current lender including on the re-plat 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 herein.
3. Prior to recordation of the Re-Plat of Artesian Casitas at West Goodyer, 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.
4. Prior to recordation of the Re-Plat of Artesian Casitas at West Goodyear, Owner shall insert Owner shall have obtained an access easement across the city-owned property to the east of the Property, which shall be recorded with the Maricopa County Recorder’s Office and the recording information shall be inserted into the replat.
5. Prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any permit for work within the Property, whichever is earlier, a reimbursement in the amount of $39,666.00 for the reimbursements owed per the Cost Recovery Resolution – Water Delivery Lines for water delivery lines A ($12,035.00) and B ($27,631.00) shall be paid to the City. No permits shall be issued for any construction work within the Property until the payments referred to herein have been paid to the City.
6. Prior to recordation of the first final plat subdividing all or part of the Property or the issuance of any permit for work within the Property, whichever is earlier, a reimbursement in the amount of $135,759.00 for the reimbursements owed per the Cost Recovery Resolution – Wastewater Trunk Lines for wastewater trunk lines B ($71,509.00) E ($27,735.55) and F ($36,514.43) shall be paid to the City. No permits shall be issued for any construction work within the Property until the payments referred to herein have been paid to the City
7. Owner is responsible for a proportionate share of the costs of a full traffic signal (all four legs) at the intersections identified below. Owner shall make an in-lieu payment for the cost of traffic signals infrastructure at intersections adjacent to the Property. The in-lieu payment 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. The Property Owner’s traffic signal obligations include:
• 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 173rd Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with the recordation of the Re-Plat of Artesian Casitas at West Goodyear or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
• 25% of the cost of the full traffic signal (all four legs) at W. Lower Buckeye Road and S. 175th Avenue. The in-lieu payment for this signal shall be paid prior to or concurrent with the recordation of the Re-Plat of Artesian Casitas at West Goodyear or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
8. Property Owner shall remit to the City an in-lieu payment for one-half the cost of a full median and full-median landscaping, for Lower Buckeye Road. The in-lieu payment for the median and landscaping shall be based on the actual cost of the improvements if previously completed by others or based on the estimated cost of the improvements as determined by the City Engineer or designee. The in-lieu payments referred to herein shall be made prior to or concurrent with recordation of the Re-Plat of Artesian Casitas at West Goodyear or prior to the issuance of any permits for construction work within the Property.
9. Prior to the City’s acceptance of the 175th Avenue Improvements, property owner shall terminate the existing Roosevelt Irrigation Easement (Bk 23 of Maps, Page 19 M.C.R.).
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 eastern 19.18 acre Property was rezoned from R1-6 (Single Family Residential) to MF-12 (Multifamily), and the western 20.95 acre Property was rezoned from R1-6 (Single Family Residential) to MF-24 (Multifamily) by Ordinance 2021-1508 adopted on September 27, 2021 and recorded on September 28, 2021, with Maricopa County Recorder at instrument number 20211046691. A Minor Land Division of Artesian Casitas at West Goodyear was administratively approved and recorded in Book 1707 of Maps, Page 43 of Maricopa County Records subdividing the Property into two lots. The re-plat is being processed to provide the dedications of the rights-of-way and easement required for the development of the property.
STAFF ANALYSIS
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.