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ITEM #: 5.
DATE: 01/24/2022
AI #:649
CITY COUNCIL ACTION REPORT
 
SUBJECT: FINAL PLAT FOR AIRPARK LOGISTICS CENTER
 
STAFF PRESENTER(S): Stephen Scinto, P.E., Deputy Director of Development Engineering

OTHER PRESENTER(S):

Stephen Anderson, Gammage & Burnham

SUMMARY

A Final Plat subdividing approximately 168.626 acres into five lots and two tracts at the southeast corner of the intersection of Bullard Avenue and Yuma Road.

Recommendation

  1. ADOPT RESOLUTION NO. 2022-2206 AUTHORIZING THE ESTABLISHMENT OF A PUBLIC STREET FOR A SECTION OF BULLARD AVENUE; PROVIDING RECORDATION CONDITIONS AND AN EFFECTIVE DATE FOR THE ESTABLISHMENT OF THE PUBLIC STREET; PROVIDING AN EXPIRATION DATE AND AN EFFECTIVE DATE OF RESOLUTION 2022-2206.

  2. Approve the inclusion of the existing city well site located along the east side of Bullard Avenue south of Yuma Road as a tract within the Final Plat for Airpark Logistics Center and approve the Final Plat for Airpark Logistics Center, subject to stipulations. (Stephen Scinto, Deputy Director of Development Engineering)

STIPULATIONS

  1. Any technical corrections to the Final Plat for Airpark Logistics Center (the "Final Plat") required by the City Engineer or his designee shall be made prior to the recordation of the plat;
  2. Prior to recordation of the Final Plat for Airpark Logistics Center, a current title report for the property included within the Final Plat for Airpark Logistics Center (the “Property”) shall be submitted to the City and the Final Plat shall be modified to reflect the current ownership and current lender including 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. The person signing the Final Plat shall provide documentation acceptable to the City Attorney or his/her designee demonstrating that the person executing the Final Plat is authorized to do so;
  3. Owner(s) of the Property, except for the portion of the Property owned by the City of Goodyear, (hereinafter “Owner’[1]) shall complete the construction of the full half-street improvements required for a Major Arterial as set forth in the Engineering Design Standards in effect at the time the improvements are constructed, for the section of Bullard Avenue along or adjacent to the frontage of the Lots 1, 2, and 3 and Tract A, which improvements shall include, but are not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Bullard Avenue Improvements”). No temporary certificate of occupancies, certificate of occupancies or certificates of completion for structures within Lots 1, 2 and 3 shall be issued until the Bullard Avenue Improvements have been completed and accepted by the City Engineer or his designee subject to completion of the two-year warranty period;
  4. Owner  shall complete the construction of the full half-street improvements required for a Major Arterial as set forth in the Engineering Design Standards in effect at the time the improvements are constructed, for the section of Bullard Avenue along or adjacent to the frontage of the Lots 4 and 5, which improvements shall include, but are not limited to, pavement, curb and gutter, sidewalks, street frontage landscape and landscape irrigation, and street lighting (the “Bullard Avenue Improvements”). No temporary certificate of occupancies, certificate of occupancies or certificates of completion for structures within Lots 4 and 5 shall be issued until the Bullard Avenue Improvements have been completed and accepted by the City Engineer or his designee subject to completion of the two-year warranty period;
  5. No building permits will be issued for any structure located in whole or in part over any area subject to the water line easement granted to the City of Goodyear recorded at MCR Number 2001-0908605 until such easement has been terminated;
  6. Prior to the recordation of the Final Plat, Owner shall remit an in-lieu payment to the City of Goodyear for 25% of the cost of a full traffic signal (all four arms) at the intersection of Yuma Road and Bullard Avenue;  The in-lieu payment shall be made prior to the recordation of the Final Plat for Airpark Logistics Center and 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;
  7. Prior to the recordation of the Final Plat, Owner shall remit an in-lieu payment to the City of Goodyear for 33% of the cost of a full traffic signal (all three arms) at the intersection of Bullard Avenue and Lower Buckeye Parkway;  The in-lieu payment shall be made prior to the recordation of the Final Plat and 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;
  8. If the construction of any Bullard Avenue street improvements requires cutting into the median, Owner shall salvage all median trees, and any other plant material identified, that need to be removed from the median for the construction. The trees and plants to be salvaged will be coordinated with the Parks Department, and other staff as needed, and shall be transplanted by the Owner to the section of Bullard Avenue adjacent to the Spring Training Development Complexes, or any other city-owned property, as directed by the Parks Director or his designee, and the Development Services Director or his designee;
  9. Within fifteen days after the recordation of the Final Plat, Owner shall provide the City Attorney or his designee an original executed quit claim deed, in a form provided by the City, conveying Tract B to the City of Goodyear.  If the executed quit claim deed has not been provided within fifteen days after the recordation of the Final Plat, no further permits for any work on the Property will be issued until the executed quit claim has been received;
  10. Following the recordation of the Final Plat, Owner shall submit a MLD that consolidates Tracts A and Tract B of the Final Plat into one Lot.  No certificates of completion, temporary certificates of occupancy, and/or certificates of occupancy, shall be issued for any structure within the Property until Owner has provided the City Engineer or his designee a recordable MLD, which has been approved by the City Engineer or his designee, that consolidates Tracts A and B into one Lot;
  11. Owner shall demolish the existing wall around the existing well site and construct a new wall around the boundaries of Tracts A and B (the “Reconfigured City Well Site”).  The design of the wall requires the approval of the City of Goodyear Public Works and Engineering Directors or their respective designees and shall meet the following requirements:  (i) the wall will be of masonry type construction, (ii) the wall will be at least 8-feet tall, (iii) the wall fronting Bullard Avenue must include a walk-in gate that provides access to the existing manhole, that will end up being in Bullard Avenue right-of-way, and (iv) the east-side wall must include an access gate to allow for ingress and egress into and from the Reconfigured City Well Site for heavy equipment used by the City of Goodyear to maintain its facilities within the Reconfigured City Well Site.  Owner shall coordinate this work with the Director of Public Works or his designee to ensure no disruption in the city’s operation of the Reconfigured City Well Site, and Owner shall take measures reasonably required by the Director of Public Works to secure the city’s equipment until the new wall has been completed.  No certificates of completion, temporary certificates of occupancy, and/or certificates of occupancy shall be issued for any structure within the Property until the work described herein has been completed;
  12. Owner shall construct improvements within the Well Site Access Easement dedicated on the Final Plat.  The improvements shall be consistent with the requirements in the Engineering Design Standards and Policies Manual for a Fire Department Access Roadway and that provides a curb cut at the access gate to be constructed pursuant to the preceding stipulation.   Owner shall coordinate this work with the Director of Public Works or his designee to ensure no disruption in the city’s operation at the Reconfigured City Well Site.  No certificates of completion, temporary certificates of occupancy, and/or certificates of occupancy shall be issued for any structure within the Property until the work described herein has been completed;
  13. No certificates of completion, temporary certificates of occupancy, and/or certificates of occupancy shall be issued for any structure within the Property until the public utility easements located within Tract A and/or Tract B have been terminated.  Owner shall be responsible for preparing legal descriptions of the easement areas that are to be terminated (the “Termination Areas”), obtaining clearances from all utility providers providing services in the area, and if needed, relocating any utilities located within the Termination Areas;
  14. In addition to compliance with the stipulations and conditions of approval set forth herein, the development of the Property shall comply with the Goodyear Zoning Ordinance, the city of Goodyear subdivision regulations, the City of Goodyear’s Engineering Design Standards and Policies, except as modified by the City Engineer, the Maricopa County Association of Governments standards for public works construction, and all other federal, state and local laws, ordinances, rules, regulations, standards, and policies applicable to the development of the Property;
  15. Owner shall dedicate, at no cost to the City, all rights-of-way and/or easements within the boundaries of the Property that are: (i) needed for the construction of infrastructure improvements required for the City to provide water and wastewater services to the Property; (ii) required to be dedicated under any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies; (iii) required for the construction of improvements for which Owner is responsible for making in-lieu payments; (iv) required to be dedicated pursuant to any development agreement with the City regarding the development of the Property; (v) required for the construction of the infrastructure improvements to be constructed pursuant to the stipulations herein, and/or (vi) required public infrastructure improvements Owner is required to construct pursuant to any applicable law, code, ordinance, rule, regulations, standards, guidelines governing the development of the Property including, but not limited to the City of Goodyear subdivision regulations, Building Codes and Regulations, and the City of Goodyear’s Engineering Design Standards and Policies.  The rights-of-way to be dedicated shall be dedicated in fee and all rights-of-ways and easements shall be dedicated lien free and, unless otherwise agreed to by the City, free of all other easements or other encumbrances.  Unless otherwise provided in a written phasing plan approved by the City Engineer or his designee, no building permits and no temporary certificate of occupancies, certificate of occupancies or certificates of completion will be issued for structures within the Property until the dedications required herein have been completed; and,  
  16. In addition to the specific infrastructure identified herein, Owner shall construct all infrastructure improvements required by the City of Goodyear Subdivision Regulations and Engineering Design Standards and Policy Manual in effect at the time of construction.
  17. The Final Plat shall not be recorded until Resolution 2022-2206 referred to herein has been recorded in the official records of the Maricopa County Recorder pursuant to the terms of Resolution 2022-2206. 
[1] The reference to Owner in these stipulations does not include the City of Goodyear, which currently owns Tract A and will own Tract B following the recordation of the Final Plat.  The City of Goodyear has no responsibility for the construction of any of the infrastructure improvements or other improvements identified in the stipulations set forth herein.  

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.

There is no fiscal impact related to the reconfiguration of the well site because the property owner is responsible for all work that is to be performed pursuant to the stipulations of approval because all the actions are required because of the owner’s development plan that requires part of the City’s existing well site to be developed as a public street.

BACKGROUND AND PREVIOUS ACTIONS

The preliminary plat for Airpark Logistics Center was approved by the City Council on June 21, 2021.  The proposed development of the Property impacts the city’s existing well site.  Currently, that site is accessed off of Bullard Avenue.  The proposed development requires the construction of infrastructure improvements along Bullard Avenue within the city’s existing well site property, will result in the loss of access to the well site, and will result in the destruction of the wall around the existing well site.  Public works staff has been working with the property owner, who has agreed to convey additional property for the well site and an access easement to access the reconfigured well site, construct a new wall around the reconfigured well site, and construct improvements within the access easement being conveyed.  In exchange, staff supported declaring a portion of the existing well site as right-of-way and, rather than requiring the property owner to relocate the existing manhole so that it is inside the new boundaries of the reconfigured well site, allowing a walk-in gate to be installed in front of the manhole to allow easy access to the manhole.

The plan was for all the following to be completed prior to the final plat being presented to council:
  • The conveyance to the City of the additional property for the reconfigured well site and an access easement needed to access the reconfigured well site.
  • The reconfigured well site was to be included within the final plat as a single tract or lot
  • A resolution declaring a portion of the existing well site as public right of way was to have been approved and recorded after the city received the additional property that was to be conveyed to the city.
  • The termination of public utility easements currently existing within the reconfigured well site
The reconstruction of the wall was to be completed after the final plat was recorded. Because of timing issues, the foregoing actions have not been completed, but the property owner would like to move forward with Final Plat of the Airpark Logistics Center.

STAFF ANALYSIS

The Final Plat for Airpark Logistics Center substantially conforms to the approved preliminary plat and 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 stipulations of approval set forth above will ensure the completion of all the actions that were supposed to be completed prior to the final plat being presented to council.
 
The Final Plat includes a tract that consists of the existing well site, excluding the portion of the well site that will be declared right of way for a public street (Tract A) and includes an additional tract (Tract B) for the additional property that is to be conveyed to the City for the reconfigured well site.  Tract B is being conveyed to the City in the plat.  The easement needed to access the well site is being conveyed to the City on the plat, as are the public utility easements around the boundary of the reconfigured well site. To ensure that the completion of work that will not occur until after the Final Plat is recorded, certificates of occupancy holds are in place until all the following have occurred:  a minor land division (“MLD”) is recorded consolidating the Tracts A and B into one Tract of Lot; the termination of all public utility easements located within Tracts A and B, including the relocation of any existing facilities within the public utility easement areas being terminated; the construction of a new wall around the reconfigured well site; and the construction of improvements within the access easement providing access to the reconfigured well site.    
           
Resolution 2022-2206 provides for the establishment of a portion of the City’s existing well site as right-of-way for a public street needed for the development of Airpark Logistics Center as reflected in the attached Final Plat.  The street is not established however, until Resolution 2022-2206 is recorded, and it cannot be recorded until all requirements for recordation of the Final Plat have been met and the City Engineer or his/her designee has received signed mylars for the Final Plat for Airpark Logistics Center and is prepared to and has received direction to record the Final Plat for Airpark Logistics Center.  The Final Plat is to be recorded immediately after Resolution 2022-2206 has been recorded with the office of the County Recorder for Maricopa County, Arizona.
 
Although the preference was for all of these actions to have occurred prior to presenting the Final Plat for Airpark Logistics Center, between the stipulations of approval of the Final Plat and the Conditions for Recording Resolution 2022-2206, protections are in place to ensure the completion of all the actions that were supposed to be completed prior to the final plat being presented to council.  For those reasons, staff supports the recommendations set forth herein.

Attachments