Attachment B - Approval Report 210059.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 210059 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 the Abandonment Coordinator at (602) 256-3487 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 March 10, 2024), 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, two-year extension can be requested prior to the expiration date, with applicable extension fee due. ATTACHMENT B 2 Planning and Development Department March 10, 2022 Preliminary Abandonment Staff Report: ABND 210059 Project# 17-2129 Quarter Section: 11-27 Council District: 7 Location: Between 4th Avenue and 5th Avenue, on the northern side of Van Buren Street. Applicant: Traver Jones, Kimley-Horn, on behalf of Toll Brothers Request to abandon: The 8’ and 10’ public utility easements at the northeast corner of 6th Avenue and Van Buren, as well as an easement retained for public access, public utilities, sidewalk, street light, landscape, and drainage located at the northwest corner of 5th Avenue and Van Buren Street. Purpose of request: The applicant states: “The existing public utility easements contain a sewer line, electric lines, and telecom lines. That portion of the sewer line serves only the subject property and will be abandoned (CPSE 2108957), and the dry utility lines will be removed or relocated. The Street Easement along 5th Avenue has been partially abandoned and is not needed for any street uses. Abandonment of these easements will allow the site to be developed into a multi- family community.” Hearing date: March 10, 2022 3 Hearing Summary Mr. Christopher DePerro, the Abandonment Hearing Officer, called the hearing to order at 9:35 am on March 10, 2022. Ms. Maggie Dellow, the Abandonment Coordinator introduced the abandonment case ABND 210059 by reading the abandonment case into the record by stating the applicant, location, abandonment request, and purpose of the request, as well as City staff research. Mr. DePerro then started the discussion by asking the applicant if they would like to add any additional comments regarding the abandonment request. Mr. Michael McCracken explained that the land is proposed for a 313-unit multi-family project. Mr. McCracken shared that the project had stalled for some time, but that it had returned with a goal of completion within two years. Mr. DePerro asked Ms. Maja Brkovic with the Street Transportation Department to explain what concerns her department has with regards to the proposed abandonments along 5th Avenue. 8’ and 10’ Public UƟlity Easement proposed for abandonment Easement retained for public access, public uƟliƟes, sidewalk, streetlights, landscape and drainage proposed for abandonment 4 Ms. Brkovic shared that the curb line along 5th Avenue would need to be moved back approximately five feet to achieve the final condition of 5th Avenue as a two-way street, recently converted from one-way. Because of this, Maja explained that the Street Transportation Department could not support the abandonment of easements along 5th Avenue at this time while waiting for those improvements. She shared further that once the ultimate condition of 5th Avenue is achieved, the Street Transportation Department could reconsider abandoning easements in excess of what was needed along the right-of-way. Mr. Steve Haney with Kimley-Horn explained that he believed the necessary street improvements had already been completed and that they had not received any comments regarding the curb lines moving on first review of the Grading & Drainage plan submittal. Ms. Brkovic confirmed that the curb line would need to be moved to achieve the final condition of 5th Avenue. Mr. Haney asked if it would be okay to proceed forward with conditional approval of the abandonment subject to a stipulation stating that a sidewalk easement dedication would be made if needed in order to achieve the final condition of 5th Avenue. After some discussion, Ms. Brkovic and Mr. DePerro confirmed this would be possible. The Abandonment Coordinator reviewed comments received from City staff and utility providers. Ms. Dellow then reviewed the recommended stipulations of approval. The Hearing Officer granted abandonment conditional approval subject to the stipulations stated in the staff report, revised to add a new stipulation #5 as stated in the hearing. Stipulations of Conditional Approval 1. 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. 2. The applicant/property owners shall relocate or abandon all affected sewer utilities prior to the Resolution of Abandonment in accordance with plans submitted and approved by the Planning and Development Department. 3. The applicant shall confirm streetlight circuit status. If the circuit is providing power to existing streetlights, a new underground feed circuit is required as approved by the Street Transportation Department. 4. All work within the right-of-way shall be done at no cost to the City. 5. Sidewalk and any other required easements shall be dedicated along the west side of 5th Avenue, as required by the Street Transportation Department, to allow construction of the ultimate condition of 5th Avenue. The easements shall be dedicated by plat or separate instrument and shall run concurrent with the abandonment. 5 6. 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: Maggie Dellow, Abandonment Coordinator cc: Traver Jones, Kimley-Horn, on behalf of Toll Brothers, Applicant/Representative Christopher DePerro, Abandonment Hearing Officer 10.20.2022