Attachment B - Approval Report 190031.pdf

ATTACHMENT B

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City of Phoenix

Planning and Development Department

CONDITIONAL APPROVAL —- V190031A

Your abandonment request was granted CONDITIONAL APPROVAL by Christopher DePerro,
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 Robert Martinez at (602) 495- tobert Martinez at (602) 495-0156 for questions and

notification of your completion of the stipulations.

Upon completion of the stipulations Robert Martinez will schedule your request 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 June 13, 2021), 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.

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City of Phoenix

Planning and Development Department

June 13, 2019
Abandonment Staff Report: V190031A
Project# 19-599
Quarter Section: 01-19

Location: 4305 West Baseline Road
Applicant: Barnett Jacobs Real Estate, LLC
Request to abandon: To abandon the remaining 33’ of right-of-

way for what would have been 43rd
Avenue; between Baseline Road and
realigned 43rd Avenue alignment
(approximately 800’ south of Baseline
Road).

Purpose of request: The applicant states: That the former
alignment is no longer required due to
realigned 43rd Avenue, south of Baseline
Road. The west side of remaining right-of-
way has already been abandoned.

Hearing date: June 13, 2019

BASELINE RD

g
125/78 DEEDS

300. 12-008L

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APPLICANT. Barnett Jacobs Real Estate, LLC QUARTER SECTION 01-19
. ABANDONMENT AREA, (2ZZZZZZZZZZ) DATE. 17-APR-2019
Be APPLICATION NO: V190031A DOCKET 125 PAGE 78

Hearing Summary

The Hearing Officer, Mr. Christopher DePerro opened the case by turning over to the
Abandonment Coordinator, Ms. Rocio Iniguez for staff research.

Ms. Iniguez, read the case into the record. Ms. Iniguez indicated that per her research, the west
portion of right-of-way was abandoned under ABND 030080 in 2003. If abandoned, the right-of-
way will revert in ownership to the adjacent property on the east (Parcel #300-13-004G).

Mr. DePerro clarified the abandonment boundary as it was not mapped correctly in GIS.

Mr. Steve Bowser of Helix Engineering is representing Barnett Jacobs Real Estate. Mr. Bowser
noted that the owner has applied for a General Plan Amendment and to rezone for the property
to C-2. They are anticipating that they have to complete the street, gutter and sidewalk on the
property west and east of the abandonment request which is why they are requesting to
abandon the remnant right-of-way.

Mr. DePerro discussed the stipulations with Mr. Bowser.

The Hearing Officer granted a conditional approval with revised stipulations.

Stipulations of Conditional Approval

The request of abandonment, is conditionally approved by the Abandonment Hearing Officer.
The following stipulations will need to be met:

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.

b. All right-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.

3. No right-of-way within 65 feet of the Baseline Road monument line may be abandoned.

4. No right-of-way within 55 feet of the 43rd Avenue monument line may be abandoned.

5. The applicant/property owners shall abandon all affected water main utilities within right
of way prior to the Resolution of this Abandonment in accordance with plans submitted
to and approved by the Planning and Development Department, or as otherwise
approved by the Water Services Department.

6. All stipulations must be completed within two year from the Abandonment Hearing
Officer’s decision.

This conditional approval has been reviewed and approved by the Abandonment Hearing Officer.

Hearing Officer Signature: Hecdita Date:_@ 7) 44

REPORT SUBMITTED BY: Alyss: on Abandonment Secretary

(olen Applicant/Representative, Barnett Jacobs Real Estate, LLC
Christopher DePerro, Abandonment Hearing Officer