| ITEM #: 9. DATE: 01/10/2022 AI #:618 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AUTHORIZE THE ABANDONMENT OF PORTIONS OF LOWER BUCKEYE ROAD FOR FINAL PLAT OF AVION AT BALLPARK VILLAGE-PHASE 1B |
| STAFF PRESENTER(S): | Linda Beals, Real Estate Coordinator |
SUMMARY
Abandonment of portions of Lower Buckeye Road adjacent to the Avion at Ballpark Village-Phase 1B development located at the southwest corner of Lower Buckeye Road and Estrella Parkway.
Recommendation
FISCAL IMPACT
There will be no fiscal impact to the City in the fiscal year 2022 or future years related to the abandonment of the portions of roadway.
BACKGROUND AND PREVIOUS ACTIONS
Avion at Ballpark Village is an approximate 154-acre planned area development located at the southwest corner of Lower Buckeye Road and Estrella Parkway (the “Avion Property”). On October 26, 2020, the City Council adopted Ordinance No. 2020-1480 conditionally rezoning approximately 154 acres to the PAD zoning district with the adoption of the Avion at Ballpark Village Planned Area Development, and on March 22, 2021, Council approved a Preliminary Plat for Avion at Ballpark Village subject to stipulations. Currently, the Avion Property is split into five (5) parcels owned by different entities and two final plats are being presented tonight as separate council items subdividing portions of the Avion Property, the Avion at Ballpark Village-Phase 1A Final Plat and the Avion at Ballpark Village-Phase IB Final Plat (“Final Plats”).
STAFF ANALYSIS
The current right-of-way for the section of Lower Buckeye Road located along the north boundary of the portion of the Avion Property runs from Estrella Parkway west to the eastern boundary of Sarival Village where the road dead-ends. The planned development for the portion of the Avion at Ballpark Village property within the Avion Phase 1B Final Plat, provides for a single-entry point into the property off of Lower Buckeye Road located near the eastern boundary of the property within the Avion Phase 1B Final Plat. The property owner has asked that the city to abandon the right-of-way and extinguish its interest in the section of Lower Buckeye Road generally located west of South 157th Avenue. Given the design of the portion of the Avion Property included within the Avion Phase 1B Final Plat and the fact that Lower Buckeye Road dead-ends at the eastern boundary of Sarival Village, staff has determined that this section of Lower Buckeye Road is no longer necessary for public use as a road and supports the abandonment and extinguishment of the city’s interest in the right-of-way described in Resolution 2022-2201.
Staff’s support of the abandonment is contingent upon the subsequent approval and recordation of the Avion at Ballpark Village-Phase IB Final Plat. Under the terms of the Resolution 2022-2201, the abandonment will not be effective until the resolution is recorded and the recordation of the resolution cannot occur until council approves the Avion at Ballpark Village-Phase IB Final Plat being presented during this meeting as a separate council action, all actions required for the recordation of the Avion at Ballpark Village-Phase IB Final Plat have been satisfied and staff has received a fully executed final plat with direction to record the final plat. The Avion at Ballpark Village-Phase IB Final Plat is to be recorded immediately after the recordation of Resolution 2022-2201.
Staff recommends the adoption of Resolution 2022-2201 providing for the abandonment of the right-of-way described in Resolution 2022-2201 and the extinguishment of the city’s easement interest in such right-of-way subject to the terms in such resolution.
Staff’s support of the abandonment is contingent upon the subsequent approval and recordation of the Avion at Ballpark Village-Phase IB Final Plat. Under the terms of the Resolution 2022-2201, the abandonment will not be effective until the resolution is recorded and the recordation of the resolution cannot occur until council approves the Avion at Ballpark Village-Phase IB Final Plat being presented during this meeting as a separate council action, all actions required for the recordation of the Avion at Ballpark Village-Phase IB Final Plat have been satisfied and staff has received a fully executed final plat with direction to record the final plat. The Avion at Ballpark Village-Phase IB Final Plat is to be recorded immediately after the recordation of Resolution 2022-2201.
Staff recommends the adoption of Resolution 2022-2201 providing for the abandonment of the right-of-way described in Resolution 2022-2201 and the extinguishment of the city’s easement interest in such right-of-way subject to the terms in such resolution.