Attachment B - Approval Report 190063.pdf
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Planning and Development Department
CONDITIONAL APPROVAL – V190063A
The City Council, at the Formal Meeting on December 18, 2019, acted upon the appeal request
of Abandonment Hearing Officer’s decision, and UPHELD CONDITIONAL APPROVAL of the
original abandonment request subject to Abandonment Hearing Officer’s stipulations, plus six
additional stipulations.
This abandonment 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 or
abandonments@pdd.gov for questions and notification of your completion of the stipulations.
Upon completion of the stipulations, staff 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 December 18, 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.
ATTACHMENT B
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Planning and Development Department
December 18, 2019
Abandonment Staff Report: V190063A
Project# 19-1930
CITY COUNCIL APPEAL SUMMARY
Hearing Date:
December 18, 2019 (City Council Formal)
Agenda Item #
90
Abandonment #
V190063A
Location:
Alley North of McKinley Street between 1st and 2nd Avenue
Quarter Section:
11-27
Request to Abandon:
To abandon alleyway adjacent to lots 1 – 10 per Plat, “Bennet Place”;
Book 002, Page 43, recorded with Maricopa County Recorder.
Applicant:
True North Studio
Representative:
Nick Wood
Appellant:
The Roosevelt Action Association
Representative:
Abandonment
Hearing Date:
Bill Scheel
November 7, 2019 (Continued from October 10, 2019 and October
24, 2019)
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Abandonment Hearing Summary 11/7/2019
Ms. Rocio Iniguez, the Abandonment Coordinator, introduced case 190063 by reading the
abandonment request, purpose and staff research into the record.
Mr. Christopher DePerro, the Abandonment Hearing Officer explained to the hearing attendees
the policy the City Council adopted to look at additional items related to request for downtown
alley abandonments. Mr. DePerro also explained how the applicant submits this information and
staff analyses the information. Mr. DePerro then asked the applicant’s representative if they
would like to present first or have the analysis read first.
Mr. Nick Wood representing the applicant True North Studio, replied by saying they would like to
go through the analysis first.
Mr. DePerro then read the following:
Per the Downtown Alley Abandonment Criteria, staff also addresses the following five
items:
1) Historic Character – (Applicant) The alleyway is adjacent to two (2) historically eligible (not
listed) structures, including the McKinley Medical Center (addressed as 802 North 1st Avenue).
However, because the alleyway is not located within a designated historic district, this criterion
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does not apply.
Staff Evaluation: This development is not within a historic district but contains two
properties that are eligible for historic designation (800 North 1st Avenue and 801 North
2nd Avenue). The site is near many other historic properties, and adjacent to the
Roosevelt Historic District to the north and west. Staff could only consider this criterion
met with a commitment to preserve one or both of the eligible properties located within
this proposed development.
2) Special Circumstances – (Applicant) True North Studio proposes creating a perpetual
easement in favor of the public so that the Alleyway will retain its function as it currently exists
today. This request, if approved, will not result in closure of the Alleyway. Thus, abandonment of
the Alleyway will not result in (i) termination of current off-street service facilities, nor (ii) a need
for on-street service facilities. Therefore, this criterion is met.
Staff Evaluation: This criterion requires that the site have special circumstances where
equivalent off-street service facilities are provided, and where an abandonment does not
result in a need for on-street servicing/loading. Staff have suggested stipulations to
ensure this criterion is met.
3) Fewer Driveways – (Applicant) Currently, there are four (4) existing driveways (including the
alleyway) that provide access to the Property, as well as to the parcels on the larger
development block. The current design of the Project encourages primary vehicular access from
McKinley Street through the Alleyway to an integrated parking structure (above and below
grade). A new one-way driveway will be created at the north of the Project to serve as
secondary vehicular access.
According to the City of Phoenix Pedestrian and Side Street Regulating Map (Zoning Ordinance
Section 1202.E), 1st and 2nd Avenues are identified as a Pedestrian Streets. Therefore, this
request if approved, would result in removal of three (3) existing, two-way driveways (one (1) on
2nd Avenue and two (2) on 1st Avenue) along Pedestrian Streets to be replaced by one(1) one-
way driveway. It is anticipated that, by limiting vehicular trips to and from 1st and 2nd Avenues,
the Project’s design will promote an enhanced pedestrian experience by including public art,
landscaping and pedestrian paseo entrance on 1st and 2nd Avenues. By removing driveways
and creating a pedestrian-oriented environment, this criterion is met.
Staff Evaluation: The existing site currently has a total of 8 driveways (including the
alley) that provide access to numerous parcels. The proposed plan shows access points
through the alley and is proposing to shift one of the existing drives on 1st Avenue and
eliminate one drive along 2nd Avenue and one along 1st Avenue. Two new pullouts are
proposed along McKinley Street for loading and parking, both of which would require the
historic palms to be removed and to reduce the required streetscape zone (per DTC).
Both 1st Avenue and 2nd Avenue are designated a Pedestrian Street under Zoning
Ordinance Section 1202.E. The intent of the Downtown Code is to promote a pedestrian
friendly block pattern with fewer drives. Staff does not think this criterion is met as
proposed, but has suggested stipulations which would bring it into compliance.
4) Block Length – (Applicant) The alleyway is approximately 250 feet long, however, the larger
development block is approximately 650 feet long per the subdivision plat of record. As noted
above, True North Studio proposes creating a perpetual access easement in favor of the public
so that the alleyway will retain its function as it currently exists today. Because there is no loss
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of connectivity for cross street pedestrian movements and access easements will be retained,
this criterion is met. In fact, abandonment of the Alleyway will facilitate the creation of a
pedestrian paseo component of the project, thus, creating an enhanced environment for
pedestrian movements from 1st Avenue to 2nd Avenue.
Staff Evaluation: The current block measures approximately 710’ x 396’. If the alley is
abandoned, the development should change the abandoned portion of the alley from
functioning as it currently does. Staff have suggested stipulations to make sure the alley
still has the same functionality.
5) Development Viability – (Applicant) Abandonment of the Alleyway would not negatively
impact the development viability of surrounding properties within the same development block.
Because a perpetual access easement is proposed, abandonment of the Alleyway is not
anticipated to significantly impact surrounding properties within the development block, as
visitors of the adjacent properties will be able to utilize the alleyways as they do today.
Therefore, this criterion is met.
Staff Evaluation: The intent of the applicant is to construct a building that spans the
width of the existing alley at the building’s upper floors. If two-way access is not
interrupted for the developments on the north by keeping an access easement and the
design does not impact the public realm the development would not create a negative
impact. Staff have suggested stipulations to make sure the alley still has the same
functionality.
After Mr. DePerro read the Downtown Alley Abandonment Criteria he went over and explained
each drafted stipulation. Mr. DePerro then turned the discussion over to the applicant.
Mr. Wood began his presentation by stating how the property currently is part of the downtown
form code and it is permitted 250 feet of height. Mr. Wood then discussed how the property was
platted in 1894 when no one ever envisioned a 250-foot-tall building, especially since two and
three stories were significantly tall back then. Mr. Wood explained the challenges in today’s
world when trying to build a high rise building when you have small parcels, particularly very
narrow parcels. Referencing the depth of the property parcels being 140 feet, from property line
on either side of 1st and 2nd avenues to the back of the alley. Mr. Wood then discussed the
different design options and specifically explaining the option that the abandonment request of
the alley would be needed for. This option would be to activate the alley by allowing the design
to build over the alley with air rights, this would be a more respectful design considering the
alley is not inviting. Mr. Wood then discussed the width of the alley and how their design would
widen the alley to about 26 feet on their property. Mr. Wood also discussed the improvements
their design would make, based off of the input of the neighbor’s.
Mr. DePerro then opened the hearing to hear from the attendees in favor or opposition of the
abandonment request.
Mr. Bill Scheel with the Roosevelt Action Association, stated how the neighbor is a pro-
development neighborhood that is in favor of a good process that engages the neighbor which
leads to a good product. And looks forward to more engagement with the development team to
get a project that is appropriate to the neighborhood. Mr. Scheel also stated they feel this has
been a rushed process.
Ms. Andrea Abkarian, President with the Roosevelt Action Association, stated she wanted to re-
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enforce what Mr. Scheel stated about this process. That there has been a pattern of very poor,
untimely and unclear communication from the very beginning when they found out about the
project through the grape vine and had to approach the applicant’s attorney to get the
information. It has been under development for quite some time. Ms. Abkarian then stated she
would ask the Hearing Officer to consider the elements in the letter and there was a
gentleman’s and gentlewoman’s agreement that they would work until the end of the year and
the case would not be heard until then. Ms. Abkarian also expressed that she was very
surprised to receive an email stating that the case would not be continued, and the applicant
intended to make their presentation. Ms. Abkarian then read her letter of opposition.
Mr. DePerro then read a letter submitted by Ms. Sherry Rampy, Associate Broker with Brokers
Hub Realty in support of the abandonment request.
Mr. Ryan Oberholtzer, resident at 208 West Portland, #156 in favor of the abandonment
request. Mr. Oberholtzer expressed how the alley is very uninviting right now and stated how he
feels personally that this would be a great addition.
Mr. DePerro then read a letter submitted by Mr. Matthew Seaman, Managing Member with
Metrowest Development in opposition of the abandonment request.
Mr. David Vanslyke, resident at 816 North 2nd Avenue, stated him and his family are opposed to
the abandonment request based upon to it not adhering to the character of 2nd Avenue. More
discussion is needed to the development itself.
Mr. Wood then addressed some of the concerns of those in opposition.
Mr. DePerro stated he heard a lot of good things from both sides, going over the Downtown
Alley Abandonment Criteria and how each Staff Evaluation had been met based off the design
and presentation provided by the applicant. Mr. DePerro then added two stipulations, one
referring to the parking garage and the second referring to the elevations and the replatting of
the property.
The Hearing Officer granted a conditional approval with revised stipulations.
City Council Public Hearing Summary 12/18/2019
Planning and Development Director Alan Stephenson stated this was a public hearing appeal for
abandonment of right-of-way for an alley between the northwest corner of 1st Avenue and
McKinley Street. He displayed a map that showed the area and said True North Development
was proposing to redevelop the area and the alley abandonment would accommodate them in
building over the top of the alley. He advised the applicant requested to abandon the right-of-way
and preserve a utility easement as well as public access through the alley. He indicated the
alley would be privately maintained and owned by True North and its development interests with
public access and utility easements to permit trash pick-up and utility services. He referenced
another aerial that showed the McKinley parcel which was proposed to be preserved with a 30-
year perpetual conservation easement as part of this project, plus the building over the top with
proposed mixed-use development. He noted staff recommended approval per the Abandonment
Hearing Officer's decision with additional stipulations in a memo dated today. He stated the
applicant worked with the Roosevelt Action Association to address the frontage along 2nd Avenue
and improvements done with that to ensure the residential which wrapped around was
significantly improved from what was originally proposed.
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Mayor Gallego declared the public hearing open.
Bill Scheel, representing Roosevelt Action Association, spoke in favor of the City's policy to not
abandon alleys. He appreciated the opportunity to interact with the developer to improve this
project, noting his mission was to protect the historic streetscape along 2nd Avenue. He stated
he also appreciated the efforts of Shepley Bulfinch who was the architect that worked with his
association to make these improvements. He applauded the preservation of the McKinley Club
and looked forward to having that developed into a productive part of the project. He requested
that Council approve the additional stipulations as recommended by staff. Nick Wood,
representing of True North Studios, noted he spent a lot of time working with Mr. Scheel and
Andie Abkarian on design and design solutions which was the way problems were resolved. Mr.
Wood thanked Mr. Scheel and Ms. Abkarian as well as staff for their assistance and requested
that Council sustain the hearing officer's approval subject to
the new stipulations.
Mayor Gallego stated Anita Leung and Paul Marquez submitted comment cards for the record in
favor of this item. Mayor Gallego added the following comment cards were submitted for the
record in opposition of this item:
Omar Bailey
Dorina Bustamante
Nate Sonoskey
Mitch Pinckard
Oz Friedmann
William Norris
Noting no one else wished to speak, Mayor Gallego declared the public hearing closed.
Councilman Nowakowski thanked staff as well as True North and the Roosevelt Action
Association for working things out. He moved approval per the abandonment hearing officer's
recommendation, subject to the stipulations in the memo from the Planning and Development
Director dated today, Dec. 18, 2019.
Councilwoman Stark seconded the motion.
Councilwoman Pastor expressed she was happy to hear that the McKinley Club was being saved
as that was a priority to her because it was a beautiful building. She thanked Mr. Scheel, Mr.
Wood and everyone else for working out the stipulations.
The hearing was held. A motion was made by Councilman Nowakowski, seconded by
Councilwoman Stark, that this item be approved per the Abandonment Hearing Officer's
recommendation, subject to stipulations per the Dec. 18, 2019 memo from the Planning
and Development Director.
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Stipulations of Conditional Approval—Per Council Approval 12/18/21
The request of abandonment is conditionally approved City Council. Stipulations with ALL
CAPS AND IN BOLD were added or revised at the City Council hearing. The following
stipulations will need to be met:
1. 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.
2. All stipulations apply to the subject site, which are the properties adjacent to the portion
of the alley requested to be abandoned, and identified as follows:
a. 800 N 1st Avenue, Phoenix, AZ 85003, APN 111-40-074A
b. 810 N 1st Avenue, Phoenix, AZ 85003, APN 111-40-076A
c. 814 N 1st Avenue, Phoenix, AZ 85003, APN 111-40-078A
d. 801 N 2nd Avenue, Phoenix, AZ 85003, APN 111-40-073
e. 805 N 2nd Avenue, Phoenix, AZ 85003, APN 111-40-075
f. 813 N 2nd Avenue, Phoenix, AZ 85003, APN 111-40-077
3. No right-of-way within 35 feet of the McKinley Street monument line may be abandoned.
4. The existing driveway where the alley intersects with McKinley Street shall be
reconstructed in accordance with driveway detail P1255-2, as may be approved or
modified by the Street Transportation Department.
5. On both McKinley Street and 2nd Avenue, the existing curb lines, palms, and trees in the
ROW shall be maintained in place, and no pull-outs for parking, loading, or drop
offs/rideshare shall be allowed. This stipulation does not prohibit parking or drop
offs/ride share in the ROW adjacent to the existing curbs, as may be approved by the
Street Transportation Department. Additionally, the existing turf between the sidewalks
and the curbs shall be maintained, except for limited hardscape for parking and drop offs
on McKinley Street in accordance with Downtown Code streetscape requirements.
6. All service areas (utility equipment, trash, loading areas, etc.) for the development shall
have access solely from the abandoned alley, and shall not be directly accessed from
McKinley Street, 2nd Avenue, or 1st Avenue. No commercial loading areas shall be
provided within any public ROW adjacent to this development.
7. All overhead utility lines located within the alley ROW to be abandoned shall be
relocated underground, as approved by each applicable utility.
8. The following easements shall be retained over all portions of the abandoned alley
ROW:
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a. A public utility easement (PUE) with 24-hour maintenance access.
b. A traffic control easement.
c. A public ingress-egress easement which ensures 24-hour access for the general
public and other properties having access to the alley located between McKinley
Street and Roosevelt Street.
9. The abandoned portion of the alley shall remain open to two-way traffic, unless the
Street Transportation Department approves a one-way system for the entire length of
the alley from McKinley Street to Roosevelt Street. No access controls (gates or similar)
shall be allowed that restrict access of any type within the portion of the alley to be
abandoned.
10. A perpetual conservation easement, in accordance with the requirements of the City’s
Historic Preservation Office, shall be dedicated over the following property (which is a
portion of this site), known as the “McKinley Club”:
•
800 N 1st Avenue, Phoenix, AZ 85003, APN 111-40-074A
11. Provide minimum 10’ x 20’ visibility triangles (in which there shall be no obstructions
between 3’ and 10’ above grade) in the following locations:
a. On both sides of the garage entrance(s) from the alley/drive aisle as determined
through site plan review.
b. Alternative traffic safety measures such as but not limited to mirrors, speed
humps, or etc. may be approved in lieu of item “a” as approved by the Planning
and Development and Street Transportation Departments.
12. The final 2nd Avenue frontage elevations shall not provide any visual evidence
(including lighting, mechanical equipment, and vents) of a parking garage. SUCH
ELEVATIONS SHALL ALSO EXTEND FROM 2ND AVENUE TO THE FIRST 50
FEET OF THE NORTH PARKING GARAGE FRONTAGE. Any garage adjacent
to 2nd Avenue (AND INCLUDING THE FIRST 50 FEET OF THE NORTH
FRONTAGE) shall be fully integrated into the overall building design and not
appear to be a garage, as determined by the Planning and Development
Department through the site plan review process.
13. This abandonment shall not be sent to Council for final approval until such time
that 1) preliminary site plan approval for the subject site, including building
elevations, has been obtained from PDD, and 2) a replat of the subject property
is approved concurrently.
14. All stipulations must be completed within two years from the Abandonment Hearing
Officer’s decision.
15. THE DEVELOPER WILL PROVIDE A LETTER TO THE PLANNING AND
DEVELOPMENT DEPARTMENT THAT CONTAINS A REQUEST FOR A
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TEMPORARY HOLD ON THE ISSUANCE OF A DEMOLITION PERMIT FOR
THE BUILDING ADDRESSED AS 801 N. 2ND AVENUE (APN 111-40-037)
UNTIL A GRADING PERMIT FOR THE PROJECT HAS BEEN ISSUED BY
THE PLANNING AND DEVELOPMENT DEPARTMENT. SUCH LETTER
SHALL BE DEEMED AUTOMATICALLY REVOKED IF THE CITY COUNCIL
DENIES THE FINAL ABANDONMENT.
16. THE 2ND AVENUE FRONTAGE ELEVATIONS SHALL BE DESIGNED IN
GENERAL CONFORMANCE TO THE ELEVATION PRESENTED TO
ROOSEVELT ACTION ASSOCIATION REPRESENTATIVES AND DATE
STAMPED DECEMBER 18, 2019 AND SHALL INCLUDE (I) THE INDICATED
TWO-STORY GROUND-LEVEL RESIDENTIAL UNITS ALONG SECOND
AVENUE AND (II) THE INTEGRATION OF THE PARKING GARAGE FAÇADE
ON 2ND AVENUE INTO THE OVERALL 2ND AVENUE FAÇADE DESIGN, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
17. PARKING SPACES FOR RESIDENTIAL UNITS SHALL BE LIMITED TO NO
MORE THAN 1.5 SPACES PER RESIDENTIAL UNIT.
18. PRIOR TO THE FINAL APPROVAL OF THE ABANDONMENT, THE
DEVELOPER SHALL SEND PLANS OF THE BACKFLOW PREVENTION
EQUIPMENT SHOWING ITS LOCATION ON THE SITE PLAN, SCREENING
OF THE EQUIPMENT AND ITS DIMENSIONS TO ROOSEVELT ACTION
ASSOCIATION REPRESENTATIVES PRIOR TO THE PRELIMINARY SITE
PLAN APPROVAL MEETING. PROJECT PLANS WILL MINIMIZE, TO THE
EXTENT PRACTICAL, THE VISUAL PROMINENCE OF THIS EQUIPMENT
WITHIN THE 2ND AVENUE BUILDING SETBACK AREA WITH A DESIGN
GOAL OF MAINTAINING A LINE OF SIGHT DOWN 2ND AVENUE WITH
MINIMAL TALL INTRUSIONS. IRRESPECTIVE OF THIS DESIGN GOAL, THE
FINAL DESIGN, PLACEMENT AND SCREENING OF THIS EQUIPMENT IS
SUBJECT THE APPROVAL OF THE PLANNING AND DEVELOPMENT
DEPARTMENT AND SHALL COMPLY WITH ALL CITY ORDINANCES AND
CODES.
19. PRIOR TO FINAL APPROVAL OF THE ABANDONMENT, ANY
APPLICATIONS FOR A COMPREHENSIVE SIGN PLAN UNDER SECTION
705.E.2 FOR THE PROJECT SHALL BE NOTICED VIA A LETTER SENT VIA
US MAIL TO ROOSEVELT ACTION ASSOCIATION REPRESENTATIVES.
20. PRIOR TO FINAL APPROVAL OF THE ABANDONMENT, DEVELOPER
SHALL NOTIFY AND INVITE ROOSEVELT ACTION ASSOCIATION
REPRESENTATIVES (WHO MAY BRING ANY OF THEIR INVITEES) TO ANY
AND ALL FORMAL PLANNING AND DEVELOPMENT DEPARTMENT
MEETINGS REGARDING DEVELOPMENT OF THE PROJECT, INCLUDING
PRELIMINARY SITE PLAN REVIEW, DESIGN REVIEW, AND/OR HISTORIC
PRESERVATION MEETINGS.
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This conditional approval has been reviewed by the Abandonment Hearing Officer.
Hearing Officer Signature: ____________________________________ Date: __________
REPORT SUBMITTED BY: Alyssa Villarreal, Abandonment Secretary
cc:
Applicant/Representative, True North Studio
Christopher DePerro, Abandonment Hearing Officer
2/4/2020