Pete Teiche, Newland Communities

A Final Plat subdividing approximately 20 acres into 67 lots and 15 tracts at the intersection of West Willis Road and South 181st Avenue and a Development Agreement for Estrella Parcel 9.28.

1. Approve the Final Plat of Estrella Parcel 9.28 (the “Final Plat”), subject to stipulations.
2. ADOPT RESOLUTION NO. 2021-2177 APPROVING DEVELOPMENT AGREEMENT FOR ESTRELLA PARCEL 9.28; PROVIDING AUTHORIZATION AND DIRECTION TO TAKE ACTIONS AND EXECUTE DOCUMENTS NECESSARY TO CARRY OUT THE INTENT OF THE RESOLUTION AND DEVELOPMENT AGREEMENT AND PROVIDING FOR AN EFFECTIVE DATE. (Katie Wilken, Planning Manager)

1. Any technical corrections to this final plat required by the City Engineer or his designee shall be made prior to the recordation of the Final Plat;
2. Prior to recordation of the Final Plat, the property 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. The property owner shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the party executing this final plat is authorized to do so;
3. Prior to the recordation of the Final Plat, the following off-site easements shall be recorded and the recording information inserted into the Final Plat:
   • Sewer Easement (SE) identified on page 6 of the Final Plat
   • Two Permanent Drainage Easements (DE) identified on Page 6 of the Final Plat
   • Two Public Utility Easements (PUE) identified on Page 6 of the Final Plat
   • A Temporary Drainage Easement (TDE) identified on Page 6 of the Final Plat
   • Two Public Utility Easements (PUE) identified on Page 4 of the Final Plat
   • A Permanent Drainage Easement identified on Page 5 of the Final Plat
   • A Temporary Drainage Easement identified on Page 4 of the Final Plat
4. Unless otherwise agreed to by the City Engineer or his designee, prior to the issuance of final grading and drainage construction permits for work within the Estrella Parcel 9.28 property, a completed Storm Water Maintenance Agreement (SWMA), in a form approved by the City Attorney or his designee and by the City Engineer or his designee shall be executed by the parties to the agreement and recorded in the Official Records of Maricopa County.  In no event shall construction permits for vertical construction be issued until a completed Storm Water Maintenance Agreement (SWMA), in a form approved by the City Attorney or his designee and by the City Engineer or his designee shall be executed by the parties to the agreement and recorded in the Official Records of Maricopa County; and
5. No building permits shall be issued for structures of any kind on Lots 65, 66, and 67 until full street improvements required for a local street have been completed for the section for West Verbena Drive located within the boundaries of the Final Plat of Estrella Parcel 9.28 and either: (i) a temporary or permanent street cul-de-sac or hammer-head has been constructed where West Verbena Drive currently terminates and all right-of-way and/or easements required for such cul-de-sac or hammer-head have been conveyed to the City of Goodyear or (ii) full street improvements required for a local street have been completed that extends West Verbena Drive from where it terminates in the Final Plat of Estrella Parcel 9.28 to where West Verbena Drive intersects with another public street and all right-of-way and/or easements required for such improvements have been conveyed to the City of Goodyear. All right-of-way required for public street improvements that are to be conveyed for cul-de-sac or hammer-head or extension of W. Verbena Drive shall be conveyed to the City in fee and lien free. All easements that are to be conveyed for the cul-de-sac or hammer-head or extension of W. Verbena Drive shall be lien free and in a form approved by the City Attorney or his designee. All improvements required herein shall be constructed in accordance with the requirements of the City of Goodyear Engineering Design Standards and Policies in effect at the time of construction.

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 approval of proposed development agreement does not have any fiscal impact of the City of Goodyear as it only allows for an alternative form of financial assurance to ensure the completion of the public infrastructure within the boundaries of the Final Plat of Estrella Parcel 9.28.

The preliminary plat of Estrella Parcel 9.28 was approved by the City Council on September 28, 2020.

Final Plat 
Staff recommends approval of the Final Plat of Estrella Parcel 9.28 for the following reasons:

• The final plat substantially conforms to the preliminary plat as required by state law
• 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.
• 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. 

Development Agreement
Property owners developing within the city are required to construct public infrastructure improvements within and along or adjacent to the boundaries of their properties, and when required, to provide service to their properties outside the boundaries of their properties.  To ensure the completion of these improvements, the city’s current development regulations require that a subdivision bond be provided equal to 100% of the estimated cost to construct the public infrastructure improvements that are to be constructed.  Staff has identified an alternative to the traditional subdivision bond that affords the city the protection needed to insure the completion of public infrastructure.
 
With respect to Internal Infrastructure, which includes all public infrastructure improvements that are to be constructed within the boundaries of the property, the city will use building permit holds to secure the completion of the Internal Infrastructure.   If the developer or owner want to begin pulling building permits before the completion of the required Internal Infrastructure, a subdivision bond in an amount sufficient to cover the estimated costs of completing the Internal Infrastructure can be provided and building permits will be issued.  With respect to External Infrastructure, which includes the infrastructure improvements that are to be constructed along, or adjacent to the external boundaries of the property and the public infrastructure that is to be constructed off the property, the more traditional forms of financial assurances will still be required. 
 
Staff supports the proposed Development Agreement for EMR Parcel 9.28.  The terms related to financial assurance will encourage development while providing adequate assurances that required public infrastructure will be completed.