Attachment B - Approval Report 220039.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 220039 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 Alyssa Neitzel at 602-534-7321 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 November 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, one year extension can be requested prior to the expiration date, with applicable extension fee due. ATTACHMENT B 2 Planning and Development Department November 10, 2022 Preliminary Abandonment Staff Report: ABND 220039 Project# 99-817 Quarter Section: 19-22 District#: 5 Location: 29th Avenue and Colter Street Applicant: Baird Fullerton, P.E. Request: To abandon 29th Avenue between Missouri Avenue and Camelback Road and Colter Street between 27th Avenue and its terminus west of 29th Avenue. Purpose of request: The applicant states, “for redevelopment associated with campus growth and parcel consolidation for Grand Canyon University.” Hearing date: November 10, 2022 (Continued from September 22, 2022, and October 13, 2022) 3 Hearing Summary Mr. Christopher DePerro, the Abandonment Hearing Officer calls the meeting to order on November 10, 2022. Ms. Alyssa Neitzel, the Abandonment Coordinator, introduced abandonment ABND 220039 and read the case into the record by stating the applicant, location, 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. Taylor Earl, applicant presents PowerPoint presentation. Mr. Glenn Walp, witness, on behalf of applicant reads his statement in support of the request. Mr. Gail Palmer, resident, expresses his opposition to this abandonment. Ms. Paulina Hernandez, Abandonment Secretary reads email of opposition from Mr. Larry Fallis, resident. 4 Ms. Maja Brkovic, Streets Transportation Representative reads summary and comments. Ms. Alyssa Neitzel reads comments and other department stipulations related to this abandonment request. Mr. Christopher DePerro reads recommended stipulations of approval and asks if there are any more comments from applicants, residents, or representatives. The Hearing Officer grants conditional approval for abandonment 220039 subject to stipulations in staff report dated November 10, 2022. Stipulations of Conditional Approval 1. All right-of-way to be abandoned shall be retained as a public utility easement with 24- hour vehicle maintenance access. 2. The following public easements shall be retained over the area to be abandoned: a. Drainage easement. b. Emergency and service vehicle access easement. c. Refuse collection easement. d. A pedestrian and cyclist easement to allow access to the Little Canyon Trail during the trail’s hours of operation. The dimensions and locations of this easement may be modified as approved by the city. e. Traffic control easements where the resulting private streets intersect with public streets, as approved by the Street Transportation Department. 3. No right-of-way within 50 feet of the 27th Avenue monument line may be abandoned. 4. No right-of-way within 20 feet of the Missouri Avenue monument line may be abandoned. 5. No right-of-way within 50 feet of the Camelback Avenue monument line may be abandoned. 6. All resulting landlocked parcels shall be replatted, legally combined, or have alternate legal access provided (private ingress/egress easement to a public street as approved by the City of Phoenix). Any such private ingress/egress easement shall run with the land and shall provide the legal right for the property owner and the owner’s invitees, guests, and service personnel to gain access between the private property and a public street. 7. Prior to final abandonment, the applicant shall file for and pursue zoning variance relief for all private properties that will not front onto a public street following final abandonment of the proposed abandonment areas, subject to the owners of said properties granting the authorization required for the filing of the variance request. Said variance relief shall be worded to allow said properties to not front onto a public street. 8. Entrances to the resulting private streets at intersections with public streets shall be reconstructed with concrete driveways and/or aprons, as approved by the Street Transportation Department. 5 9. The applicant shall contact the Street Transportation Department to coordinate the removal, salvage or purchase all existing City owned signs. No sign is to be removed until a copy of the abandonment resolution is provided to the Street Transportation Department. 10. The applicant shall contact the Street Transportation Department to coordinate the removal, relocation, or transfer of ownership of all City owned streetlights within the subdivision. This shall be done at no cost to the City. 11. Prior to final abandonment, the applicant shall enter into and execute an Agreement with the City, addressing the following items: a. The development of the property shall remain in general conformance with the proposal outlined in the TIA submitted to the Street Transportation Department dated October 31, 2022 and approved by the Street Transportation on November 4, 2022. b. Any safety booths installed in the resulting private streets shall not be placed nearer than 115 feet from the Missouri Avenue, 27th Avenue, and Camelback Road rights-of- way to allow for proper queuing from the public streets, as may be modified by the Street Transportation department. c. Any safety booths constructed within the abandonment area shall provide two entry lanes to allow for the outside lane to serve as an express/through lane that owners of private property beyond the booth, and their guests, invitees, and service vehicles, may use to bypass the booths without having to stop. d. Vehicle placards or decals will be distributed to property owners adjacent to the abandonment area in advance of the final abandonment (for themselves, their renters, guests and invitees) that signal their right to use the outside express lane around any safety booths and a right to obtain new or replacement placards or decals as needed in the future will be drafted into any private access easements provided. e. The resulting private streets shall be maintained in a condition commensurate with public street and sidewalk improvements, and remain of a width allowing two-way traffic for so long as any properties under separate ownership continue to utilize the abandonment area. f. Access to and from 28th Drive and the north-south alley directly east of 28th Drive, south of Colter, shall continue to be provided until such time that a separate abandonment of all or portions thereof are approved by the City. g. The applicant shall indemnify the City of Phoenix against any legal claims filed against the city as a result of approving this abandonment request or any portion thereof. 12. 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. 13. All stipulations must be completed within two years from the Abandonment Hearing Officer’s decision. 6 This conditional approval has been reviewed and approved by the Abandonment Hearing Officer. Hearing Officer Signature: ____________________________________ Date: __________ REPORT SUBMITTED BY: Paulina Hernandez, Abandonment Secretary cc: Applicant/Representative, Baird Fullerton Christopher DePerro, Abandonment Hearing Officer 12/27/2022