Attachment B-Approval Report 190002.pdf

City of Phoenix — Formal (2022-07-01)

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ATTACHMENT B

G

City of Phoenix

Planning and Development Department

CONDITIONAL APPROVAL — 190002A

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 G. Martinez at (602) 495-0806 G. Martinez at (602) 495-0806 for questions and notification of your
completion of the stipulations.

Upon completion of the stipulations, Robert G. 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 March 12, 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.

Location:

Applicant:
Request to abandon:

Purpose of request:

Hearing date:

(

City of Phoenix

Planning and Development Department

March 12, 2019
Abandonment Staff Report: V190002A
Project# 18-615
Quarter Section: 11-27

Southeast Corner of Fillmore Street and 5th
Avenue

Stephen M. Krager; High Street Residential

To abandon 12-foot public utility easement, running
north to south on parcels bounded by APNs111-41-
178A and 111-41-178B and 5-foot sidewalk +
easement on 4th Avenue along parcels APN 111-
41-178A and 111-41-178B.

The applicant states: that the existing 12’ PUE
bisects the development parcel. Public sewer and
dry utilities to be relocated from easement with
proposed development. Existing PUE conflicts with
future building location. 5-foot sidewalk easement
is no longer needed since sidewalk will be
reconstructed within existing 4th Ave public street
RMW. 5-foot sidewalk easement conflicts with future
building location.

March 12, 2019

Attachment A - Map

12z 5
s1-4t-078
f1a1-181
11-41-0068 seaors
a141t80 Propase: abandon
12 foot PUE and tatare
5 foot sidewalk
111-41-453 aasement s11-41-004
stants2 1141-083
> w > 111-41-078
BS z ws
tat-18 = 114644478 = = 111-41-004
% §
FATE
aiat-rso 1141-089 [rere
1141-018
sntat-rag 1-31-0857
wrator1a
1141-086
statea39 111-41-479
teat-o10
11-41-0598
rteateta2
111-41-0828 4111-41-09
anat-131 411-41-0988 ave

APPLICANT: Stepen M Krager: High Street Residential QUARTER SECTION: 11-27
ABANDONMENT AREA: iz DATE: 16-JAN-2019
APPLICATION NO: V19001 DOCKET & PAGE: 431 - 50

Hearing Summary

Mr. Christopher DePerro, the Abandonment Hearing Officer started the hearing by explaining the
reason for this abandonment request to be held at a hearing. Mr. DePerro stated it is policy to have a
hearing when it is public right to utilize something, which in this case is the sidewalk.

Ms. Emily Dawson, Site Planner read the abandonment request, purpose and staff research into the
record.

Mr. Dean Pehrson, with David Evans and Associates, Inc., representing the applicant Stephen M.
Krager; High Street Residential, explained the abandonment request. He noted that there is a public
utility easement running through the center of the development. Taylor Street Paseo will be developed
east to west of the development and utilities will be removed up to where they intersect the Paseo
alignment. The 5-foot sidewalk easement will be reconstructed in the existing right of way so there is no
use for the sidewalk easement. The building location also conflicts with the sidewalk easement, where
the setbacks are between 0 feet and 5 feet. There is no conflict with the design reflecting any stairwells
within the right of way.

Mr. Pehrson discussed the mapping of the abandonment with Mr. DePerro.
Mr. DePerro reviewed the drafted stipulations with Mr. Pehrson.
The Hearing Officer granted a conditional approval with revised stipulations.

Stipulations of Conditional 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. The

applicant/property owner shall relocate all affected sewer utilities into an alternate easement
or right of way prior to the resolution of the abandonment in accordance with plans
submitted to and approved by the Planning and Development Department or as otherwise
approved by the Water Services Department. Once the new sewer is installed and
accepted, the old sewer main can be abandoned. All work is to be done by a licensed
contractor at no expense to the City of Phoenix.

. The requested abandonment area covered by the Public Utility Easement shall be retained

as a public utilities easement with 24-hour vehicle maintenance access. No structure of any
kind and/or block wall shall be constructed or placed within the easement except removable
type fencing and/or paving. No planting except grass and/or approved ground cover shall
be placed within the easement. It shall be further understood that the City of Phoenix shall
not be required to replace any obstructions, paving or planting that must be removed during
the course of required maintenance, reconstruction and/or construction

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

Hearing Officer Signature:

<7) ‘
REPORT SUBMITTED BY: Alys: arreat, Abandonment Secretary

cc:

Applicant/Representative, Stephen M. Krager; High Street Residential
Christopher DePerro, Abandonment Hearing Officer