Attachment B - Approval Report ABND 240047.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 240047 Your abandonment request was granted CONDITIONAL APPROVAL by Craig Messer, Abandonment Hearing Officer. This request will NOT be completed until all the stipulations have been met and this request is formally adopted by City Council. It is the APPLICANT’S RESPONSIBILITY to ensure that all stipulations are satisfied. Please contact Dru Maynus at 602-262-7403 for questions and notification of your completion of the stipulations. Upon completion of the stipulations your request will be scheduled for City Council action. If the stipulations of abandonment are not completed within two years from the date of your conditional approval (your expiration date is December 12, 2026), this request will then expire. At that time a new submittal will be required along with the required payment for the abandonment process. A one time, one year extension can be requested prior to the expiration date, with applicable extension fee due. Attachment B 2 Planning and Development Department December 12, 2024 Preliminary Abandonment Staff Report: ABND 240047 Project# 23-2020 Quarter Section: 10-26 District#: 7 Location: Rights-of-way south of 9th Avenue and south of 8th Avenue between West Jefferson Street and West Madison Street Applicant: Maricopa County Request: To abandon 8th Avenue and 9th Avenue rights-of-way located between West Jefferson Street and West Madison Street (51,480 square feet / 1.18 acres) as shown recorded within the Neahrs Addition plat. (9/29/1897), Book 2, Page 61). Purpose of request: Applicant states the purpose is to construct a new Maricopa County Elections Facility and the abandonment will aid with securing the premises. Hearing date: December 12, 2024 3 City Staff Research City Staff research shows that 8th Avenue 90-feet right-of-way and 9th Avenue 90-feet right-of- way were both dedicated on September 29, 1897 by the Neahrs Addition plat under Book 2, Page 61 of the Maricopa County Recorder. If abandoned, the 8th Avenue 81-feet right-of-way and 9th Avenue 90-feet right-of-way would be conveyed to all abutting properties. City Staff Comments This request was routed to various City departments for their recommendations. Listed below are the responses from each department. Street Transportation Department – Josh Rogers No comments. Stipulations: 1. No right-of-way within 50-feet of the Jefferson Street monument line shall be abandoned. 2. No right-of-way within 45-feet of the Madison Street monument line shall be abandoned. 3. A public ingress/egress, refuse, emergency access, and public utility easement shall be dedicated over the entirety of the 8th Avenue and 9th Avenue right-of-way abandonment 4 area, between Madison Street and Jefferson Street. Street Transportation Utility Coordination Department– Andrea Diaz The Street Transportation Department Utility Coordination section has no comments. PDD Traffic Department – Derek Fancon Recommend approval PDD Planning Department – Dru Maynus Recommend approval. Streetlights – Jason Fernandez Streetlights has the following comments: 1. City of Phoenix Street Transportation will authorize APS to de-energize streetlights within the abandoned area. 2. APS will also permanently remove the streetlights from city inventory. 3. Due to vendor warranty including age of recently installed streetlights, City forces or its vendor will remove the existing luminaire and/or streetlights. 4. Existing streetlights not removed by city forces will be gifted to Maricopa County. 5. Maricopa County or it’s representative may request APS to re-activate the streetlights or install their own lighting system. Streetlights have the following Stipulations. Please be aware that the proposed abandonment will require the following streetlights will be permanently removed from the City of Phoenix inventory: 1. Formal abandonment resolution to be submitted to Streetlighting for streetlight de- energization, Transfer of Ownership letter and coordination of streetlight delivery. 8th Avenue 2. S233638, located on the East side of 9TH Ave midway between Jefferson St and Madison St. City or its representative will remove the existing luminaire. 3. S224484, located on the West side of 9TH Ave North of Madison St. City or its representative will remove the existing luminaire. 9th Avenue 4. S880604, located at the Southeast corner of 9TH Ave and Jefferson St. Complete streetlight will be removed by city forces or its representative. 5. S165094, located on the APS Power Pole, East side of 9TH Ave midway between Jefferson St and Madison St. City or its representative will remove the existing luminaire. Solid Waste – Megan Sheets Recommend approval Record a refuse collection easement over 8th & 9th Ave. Water Services – Don Reynolds WSD has One stipulation for this Abandonment. 5 1. The applicant/property owners shall relocate all affected water and sewer utilities and services into an alternate easement or right of way prior to the Resolution of Abandonment in accordance with plans submitted to and approved by the Planning and Development Department, or as otherwise approved by the Water Services Department. All work is to be done by a licensed contractor at no expense to the City of Phoenix. PDD Village Planner – Sarah Stockham No comment received. PDD Civil Department – BreAnne Ritcher No comment received. Public Transit Department – Skitch Kitchen The Public Transit Department has no comment on this project. Utility Comments The request was also routed to outside utility companies for their input. Listed below are the responses from each utility. Cox – Jacob Horsman I have reviewed the proposed abandonment request for the parcel located at Jefferson St. & 9th Ave./Jefferson St & 8th Ave., in Phoenix, AZ. Based upon the supplied drawings/exhibit that you’ve submitted it has been determined that COX will allow easement abandonment with the following stipulations. COX will abandon once existing facilities are relocated Also please note that Cox Communications accepts no liability for costs associated with any relocation of existing facilities required because of this proposed abandonment. Southwest Gas – Susan R. Mulana After reviewing your request, it has been noted that we have a 2-inch Steel gas line running in the 8th Avenue area proposed for abandonment. Permission is NOT granted to abandon the subject public Right-of-Way as proposed. Should there be interest in relocating the gas facilities, the requestor would be responsible for the relocation costs. Please contact Conflict Review at (480) 730-3843. Thank you for your cooperation on this project. Please contact me if you have any questions or require additional information. Arizona Public Service – Darianna Arias Arizona Public Service Company has received a request to consent to the abandonment of existing Easement located between 9th Avenue and 8th Avenue, between Jefferson Street (southern edge of ROW) and Madison Street (northern edge of ROW) APS DOES object to the abandonment. 6 Should you have further questions concerning this matter, please contact me at (602) 371-6966 or email at landservices@apsc.com. CenturyLink – Jody Butte Qwest Corporation. d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for a letter of no objection to the abandonment described above and has determined that it has reservations with respect to the areas proposed for abandonment as shown and/or described on Exhibit “A”, said Exhibit “A” attached PDD Abandonments abandonments@phoenix.gov hereto and incorporated by this reference. Lumen has ducts, aerial cables, buried cables and manhole cover located within the project limits. In the event Lumen facilities need to be removed, all associated costs will be at the expense of the sponsoring agency/owner. This Letter of Objections response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions please contact Jody Butte, 814-599-0114 jody.butte@lumen.com. Salt River Project – Michael Laguna Salt River Project has no objection to the abandonment of South 9th Avenue and South 8th Avenue right-of-way between West Jefferson Street and West Madison Street. This is in an Arizona Public Service serving area. Recommended Stipulations of Approval The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject to the following stipulations: 1. Either a or b shall be complied with: a. All utilities shall be relocated to locations approved by each affected utility company. All work is to be done by each affected utility company at no expense to the affected utility company. An appropriate performance agreement, in an approved form and cost amount, must be posted with the Planning and Development Department to guarantee the improvements. b. All rights-of-way shall be retained as a public utilities easement with 24-hour vehicle maintenance access. 2. Consideration which provides a public benefit to the City is required in accordance with City Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way adjacent to property not zoned single family residential will be $500 OR Fair Market Value whichever is greater. Cost for property zoned single family residential is $1.00 a square foot for the first 500 square feet, $0.10 a square foot thereafter: OR Fair Market Value at the option of the Planning and Development Director or designee. The applicant shall submit calculation and fee to Planning and Development Department. The applicant shall request a selection of approved appraisers from the current list maintained by the Real Estate division of the Finance Department. 7 3. Applicant shall submit and obtain City approval of a legal description of the abandonment area prior to City Council approval of ABND 240047. 4. No right-of-way within 50-feet of the Jefferson Street monument line shall be abandoned. 5. No right-of-way within 45-feet of the Madison Street monument line shall be abandoned. 6. A public ingress/egress, refuse, emergency access, and public utility easement shall be dedicated over the entirety of the 8th Avenue and 9th Avenue right-of-way abandonment area, between Madison Street and Jefferson Street. 7. Streetlight S233638, located on the East side of 9TH Ave midway between Jefferson St and Madison St. City or its representative will remove the existing luminaire. 8. Streetlight S224484, located on the West side of 9TH Ave North of Madison St. City or its representative will remove the existing luminaire. 9. Streetlight S880604, located at the Southeast corner of 9TH Ave and Jefferson St. Complete streetlight will be removed by city forces or its representative. 10. Streetlight S165094, located on the APS Power Pole, East side of 9TH Ave midway between Jefferson St and Madison St. City or its representative will remove the existing luminaire. 11. Formal abandonment resolution to be submitted to Streetlighting for streetlight de- energization, Transfer of Ownership letter and coordination of streetlight delivery. 12. All stipulations must be completed within two years from the Abandonment Hearing Officer’s decision. This conditional approval has been reviewed and approved by the Abandonment Hearing Officer. Hearing Officer Signature: _________________________________ Date: ______________ REPORT SUBMITTED BY: Dru Maynus, Abandonment Coordinator. cc: Maricopa County, Sidney Spore, Applicant/Representative Craig Messer, Abandonment Hearing Officer If the area to be abandoned is within or adjacent to a redevelopment area established pursuant to A.R.S.§36-1471 ET.SEQ., Consideration may be given to the restrictions upon the property and the covenants, conditions and obligations assumed by the redeveloper in the determination of fair market value. January 15, 2025