Meikle Garrett, EPS Group, Inc.

A Final Plat subdividing approximately 14.58 acres into 30 lots and 7 tracts near the intersection of W. Yuma Road and S. Estrella Parkway (the “Property”).

Approve the Final Plat of Ballpark Village – Phase 1A subdividing approximately 14.58 acres into 30 lots and 7 tracts, subject to stipulations. (Marty Crossland, Deputy Director of Engineering Development)

1. Any technical corrections to the Final Plat Ballpark Village – Phase IA (the “Final Plat”) approved herein required by the City Engineer or his designee shall be made prior to the recordation of the Final Plat; and
2. Prior to recordation of the Final Plat, Owner shall submit an updated title report for the property included within the boundaries of the Final Plat (the “Platted Property’) and shall modify the Final Plat to reflect the current ownership and current lender including on Final 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 Platted Property. 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; and
3. Prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property, unless modified by a written phasing plan approved by the City Engineer or his/her designee or by a development agreement approved by the City Council, Owner shall, at no cost to the city, design and construct full half?street improvements for south?half of the section of W. Yuma Road along or adjacent to the frontage of the Property required for a Scenic Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of one-half (½) the median and one-half  (½) median landscaping, including, but not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Yuma Road Improvements”).  If the Yuma Road Improvements have been completed or are being completed by others when development occurs on the Property, Owner shall remit a reimbursement payment for the costs incurred in the design and construction of the Yuma Road Improvements or the City Engineer’s estimated costs of the Yuma Road Improvements if not completed (the “Yuma Road Cost Recovery Payment”).   If owed, the Yuma Road Cost Recovery Payment shall be paid prior to or concurrent with the recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permits for any work on the Property, whichever is earlier. ; and
4. Upon the request of the City Engineer or his/her designee, Owner shall construct a full median with full median landscaping within the section of W. Yuma Road along or adjacent to the frontage of the Property subject to the City’s agreement to reimburse Owner for fifty percent (50%) of the cost of constructing the full median with full median landscaping. The reimbursements provided for herein are subject to compliance with the requirements of title 34 of the Arizona Revised Statutes governing the use of public funds for the construction or payment of public infrastructure.   Unless Owner constructs the full median with full median landscaping as provided herein, Owner shall remit to the city an in?lieu payment for one?half (½) the cost of a full median and one?half (½) the cost of full?median landscaping for the median that is to be installed within the section of W. Yuma Road along or adjacent to the frontage of the Property. 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 first final plat subdividing all or part of the Property or prior to the issuance of any permits for construction work within the Property, whichever is earlier; and
5. Prior to the issuance of any Certificate of Completion, Temporary Certificate of Completion or Certificate of Completion for any structure within the Property, unless modified by a written phasing plan approved by the City Engineer or his/her designee or by a development agreement approved by the City Council, Owner shall, at no cost to the city, design and construct full half-street improvements for east-half of the section of S. Estrella Pkwy. along or adjacent to the frontage of the Property required for a Scenic Arterial as set forth in the Engineering Design Standards in effect when the improvements are constructed, except for the construction of one-half (½) the median and one-half (½) median landscaping, including, but not limited to, pavement, bike lane, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Estrella Parkway Improvements”).  If the Estrella Parkway Improvements have been completed or are being completed by the others when development occurs on the Property, Owner shall remit a reimbursement payment for the costs incurred in the design and construction of the Estrella Parkway Improvements or the City Engineer’s estimated costs of the Estrella Parkway Improvements if not completed (the “Estrella Parkway Cost Recovery Payment”). If owed, the Estrella Parkway Cost Recovery Payment shall be paid prior to or concurrent with the recordation of the first final plat subdividing all or part of the Property or the issuance of any construction permits for any work on the Property, whichever is earlier. ; and
6. Prior to recordation of the Final Plat, owner shall remit to the city an in-lieu payment for fifty percent (50%) of the costs of a constructing a full median and full median landscaping for the section of S. Estrella Pkwy. along or adjacent to the frontage of the Property. The in-lieu payment shall be fifty percent (50%) of the actual cost of the full median and full median landscaping if the median and landscaping have been constructed and installed or if the payment is required before the full median and median landscaping has been constructed and installed, the payment shall be based on the estimated cost of the full median and median landscaping as determined by the City Engineer or his designee; and
7. Prior to the issuance of the first Certificate of Completion, Temporary Certificate of Occupancy or Certificate of Occupancy for any structure within the Property, all existing above ground utilities, except for electric lines that are 69kV or larger, located within and adjacent to the Property, including but not limited to, cable and electrical utilities, shall be placed underground at no cost to the City; and
8. Any modifications to existing private irrigation facilities as a result of this development shall be coordinated with the appropriate Irrigation District/private owner; and
9. Owner shall relocate or replace existing traffic signal improvements (the existing pole and mast arm) to their ultimate locations at the southeast corner of the intersection of S. Estrella Parkway and W. Yuma Road and any necessary modifications to mast arm, pedestrian push button poles, ADA ramps, or other improvements impacted by widening of W. Yuma Road and S. Estrella Parkway to their ultimate configurations.

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 was rezoned on April 18, 2022, Ordinance No. 2022-1535. The preliminary plat for Fulton Homes Ballpark Village was approved by City Council on January 23, 2023.

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. The Final Plat and Map of Dedication is in substantial conformance with the Preliminary Plat.