Attachment B - Approval Report 210018.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 210018 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 Maggie Dellow 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 May 13, 2023), 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 May 13, 2021 Abandonment Staff Report: ABND 210018 Project# 19-4369 Quarter Section: 19-31 Location: Applicant: Request to abandon: Purpose of request: Hearing date: North of Camelback Road, west of SR-51 at 1720 East Camelback Road, APN 164-57-023B Noel Griemsmann, AICP; Snell & Wilmer, LLP The 155 sf right-of-way located in the northeastern corner of 164-57-023B. The applicant states this is a remnant parcel that is no longer needed for public use. Inclusion into development of adjacent parcels will benefit the public by removing an orphan parcel that is surrounded by private property and the of SR-51, a limited access freeway. May 13, 2021 3 Hearing Summary Mr. Christopher DePerro, the Abandonment Hearing Officer introduced abandonment case ABND 210018. Ms. Maggie Dellow, the Abandonment Coordinator introduced the case 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. Noel Griemsmann explained that the roughly 155 sf is a remnant piece of right-of-way that was leftover from the development of State Route 51. Mr. Griemsmann explained that the abandonment is sought in redevelopment plans for the site. By abandoning the notch, the parcel will reclaim an otherwise unutilized dead zone. The Hearing Officer and Abandonment Coordinator reviewed the stipulations with the applicant. 4 The Hearing Officer granted a conditional approval subject to the stipulations in the staff report. 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. 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 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. 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: Noel Griemsmann, Applicant/Representative Christopher DePerro, Abandonment Hearing Officer 6.16.21