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AGENDA ITEM #: 6.
DATE: 05/10/2021
AI #:244
CITY COUNCIL ACTION REPORT
 
SUBJECT: FINAL PLAT OF PASEO PLACE - PHASE 1
 
STAFF PRESENTER(S): Katie Wilken, Planning Manager

OTHER PRESENTER(S):

Chris Patton, Rick Engineering

SUMMARY:

A Final Plat subdividing approximately 39 acres into 149 lots and 15 tracts generally located at the intersection of Yuma Road and 183rd Avenue.  

Recommendation:

Approve the Final Plat of Paseo Place – Phase 1 subdividing approximately 39 acres into 149 lots and 15 tracts (the “Property”), subject to stipulations. (Katie Wilken, Planning Manager)

STIPULATIONS:

  1. Prior to the issuance of any Certificate of Completion, Temporary Certificate of Occupancy and/or Certificate of Occupancy for any structure located within the boundaries of the Final Plat for Paseo Place Phase 1, all existing utility lines, excluding power lines 69 kV or larger, located within or adjacent to the Property are to be placed underground and all new utility lines, excluding power lines 69 kV or larger, that are required to be installed within or adjacent to the Property as a condition of development shall be completed;
  2. The Final Plat of Paseo Place Phase 2 being approved by separate action shall be recorded concurrently with this final plat (the “Final Plat of Paseo Place Phase 1”).  No construction or building permits shall be issued for work within the Property until the Final Plat of Paseo Place Phase 2 has been recorded;
  3. Except as otherwise provided herein, no Certificate of Completion, Temporary Certificate of Occupancy and/or Certificate of Occupancy for any structure within the Property shall be issued until all of the following infrastructure improvements has been completed, at no cost to the City, and accepted by the City Engineer subject to completion of the two-year warranty period: 
    1. W. Yuma Road – half-street improvements required for a scenic arterial, except for the half median and half median landscaping, for the section of W. Yuma Road along or adjacent to the frontage of the Property, which improvements shall include, but are not limited to: pavement, sidewalk, curb and gutter, landscaping, landscape irrigation, street lights, traffic signals, signing and striping;
    2. S. 183rd  Avenue – half-street improvements required for a minor collector, except for the half median and half median landscaping, for the section of S. 183rd Avenue along or adjacent to the frontage of the Property, which improvements shall include, but are not limited to: pavement, sidewalk, curb and gutter, landscaping, landscape irrigation, street lights, traffic signals, signing and striping;
  4. Prior to recordation of the Final Plat for Paseo Place Phase 1, an in-lieu payment for 50% of the cost of a full median and full median landscaping for the section of W. Yuma Road along or adjacent to the frontage of the Property.  The in-lieu payment shall be 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;
  5. Prior to recordation of the Final Plat for Paseo Place Phase 1, an in-lieu payment of $140,000 shall be made to the city, which represents 25% of the current cost of a traffic signal required at W. Yuma Road and S. 183rd Avenue;
  6. Property Owner shall post signage within all subdivision sales offices identifying the location of the Luke Air Force Base Accident Potential Zones (APZs), 65 Ldn and higher noise contours, and departure corridors, as well as the Phoenix-Goodyear Airport Traffic Pattern Area and noise contours per the Goodyear General Plan 2003-2013 (Policy B-3e of Section 9.2). This display shall include a twenty-four by thirty-six inch (24”x36”) map at the main entrance of such sales facility and shall include the approximate locations of the homes or apartments being sold or leased clearly depicted. The required contents of the map shall be provided by the City of Goodyear;
  7. Property Owner shall provide a waiver agreement for each initial homebuyer to sign, and shall include the following statement in the waiver agreement as well as a similar statement in the Public Sales Report and on the final plat: "Paseo Place is subject to attendant noise, vibrations, dust, and all other effects that may be caused by overflights and by the operation of aircraft landing at or taking off from the Phoenix-Goodyear Airport and Luke Air Force Base. The Owner does release and discharge the City of Goodyear from any liability for any and all claims for future damages and complaints of any kind to persons or property that may arise at any time in the future from the operation of such aircraft near and over the area;"
  8. In accordance with the requirements set forth in the Second Amended & Restated Development Agreement for Paseo Place Parcel 2 adopted by Resolution No. 16-1757 and recorded in the official records of Maricopa County Recorder at instrument no. 2016 061447, prior to recordation of the Final Plat for Paseo Place Phase 1, owner shall remit a cost recovery payment for all regional water delivery lines identified in the Resolution of Intention No. 06-1064 as amended by Resolution No. 14-1621 and Resolution No. 16-1747 identified as benefitting the Property that have been constructed by others and/or that are not being 100% constructed by owner.  Unless owner provides documentation that owner has made some or all of the cost recovery payments owed hereunder, the cost recovery payment required hereunder is $293,189; 
  9. In accordance with the requirements set forth in the Second Amended & Restated Development Agreement for Paseo Place Parcel 2 adopted by Resolution No. 16-1757 and recorded in the official records of Maricopa County Recorder at instrument no. 2016 061447, prior to recordation of the Final Plat for Paseo Place Phase 1, owner shall remit a cost recovery payment for all regional wastewater trunk lines identified in the Resolution of Intention No. 06-1065 as amended by Resolution No. 14-1622 and Resolution No. 16-1748 identified as benefitting the Property that have been constructed by others and/or that are not being 100% constructed by owner.  Unless owner provides documentation that owner has made some or all of the cost recovery payments owed hereunder, the cost recovery payment required hereunder is $272,188;
  10. Prior to recordation of the final plat, Owner shall submit documentation establishing the formation of a legally cognizable homeowner’s association that will accept the dedications, conveyances, and on-going maintenance obligations reflected in the Final Plat for Paseo Place Phase 1; and Owner shall update the final plat to reflect the newly formed entity as required by the City Attorney or his designee.   Owner shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the persons executing this final plat on behalf of the newly formed homeowner’s association are authorized to do so;
  11. Prior to recordation of the final plat, 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 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 Property being platted herein. Owner shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the persons executing this final plat are authorized to do so; and,
  12. Any technical corrections to the final plat required by the City Engineer or his designee shall be made prior to the recordation of the final plat.

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.

BACKGROUND AND PREVIOUS ACTIONS:

The preliminary plat of Paseo Place was approved by the City Council on August 24, 2020. This final plat represents the first phase of Paseo Place. Paseo Place is formerly known as Paseo Place Parcel 2 and Paseo Ridge Parcel 1, and also known as Cost Recovery Parcel 8.

STAFF ANALYSIS

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.
 

Attachments