Attachment B - Approval Report 200541.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 200541 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 Martinez at (602) 495-0156 for questions and notification of your completion of the stipulations. Upon completion of the stipulations Robert 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 September 24, 2022), 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 September 24, 2020 Abandonment Staff Report: ABND 200541 Project# 20-2825 Quarter Section: 00-00 Location: South of Van Buren Street and East of 24th Place Applicant: MO 25 LLC Request to abandon: To abandon 25th Street right-of-way, bounded by Van Buren Street/Monroe Street and 2501 East Van Buren Street, 2445 East Van Buren Street and 2446 East Monroe Street. Purpose of request: Applicant states: Given the abandonment, MO 25 will be able to secure property by making a gated community. The gated community will eliminate unwanted cut through foot and traffic that has lent itself to criminal activity and unnecessary loitering. With the security of the gated community the residents will support community, promote the neighborhood and drive the criminal activity down enhancing the overall area. Hearing date: September 24, 2020 3 Hearing Summary Mr. Christopher DePerro, the Hearing Officer called the hearing to order at 9:33 AM on September 24, 2020. Mr. DePerro then opened the hearing by asking the Abandonment Coordinator Ms. Emily Dawson to read the abandonment case into the record. Ms. Dawson read 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 further explain the abandonment request. Mr. Christoph Kaiser, with MO 25 LLC presented a proposed site plan of what they are trying to do with their project and the reason for the abandonment request. Mr. Brad Picker, with MO 02 LLC then stated this abandonment is critical to be able to provide security for this property. Mr. DePerro asked Mr. Alan Hilty, Streets Transportation Department Representative, if he had any questions. 4 Mr. Hilty replied with, per his comments he would still like to see the street entrances removed but replaced with driveways, because he does not want any confusion from the public thinking it is still a street. Mr. Hilty did make it clear he did not have any other questions regarding his comments but did state the additional comments from the Street Transportation Department provided by Maja Brkovic would need to be discussed between the Hearing Officer and the applicant. Mr. DePerro then discussed those additional Street Transportation Department comments with Mr. Kaiser, stating that he personally did not feel these comments were within the range of items which could be considered with a request for abandonment, and were more appropriately address as part of a future Site Plan review. Mr. DePerro did ask Mr. Kaiser if he did want to discuss the additional comments. Mr. Kaiser replied with yes and wanted to discuss comment 1a that was provided by Ms. Brkovic regarding the connectivity to the light rail transit station at 24th Street and Washington. He asserted that he felt that the location of this site, and the properties around it, had more direct routes of travel to the 24th Street station. Mr. DePerro then used the GIS map being shared to discuss all the potential routes to existing transit stops (bus stops included), and expressed his opinion that 25th Street is not necessary, nor the most direct route, for any pedestrians from neighboring properties to get to any of the transit stops on Van Buren, 24th Street, or the 24th St/Washington light rail station. Mr. DePerro then reviewed the draft stipulations with the applicant. Changing stipulation number 9 to be two years instead of one year. The Hearing Officer granted a conditional approval with revised stipulations. 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 5 applicant shall request a selection of approved appraisers from the current list maintained by the Real Estate division of the Finance Department. 3. No right-of-way within 50 feet of the Van Buren Street monument line may be abandoned. 4. No right-of-way within 30 feet of the Monroe Street monument line may be abandoned. 5. The applicant shall contact the Street Transportation Department (Michael Cano) at 602- 495-7149 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. 6. The applicant shall close the street entrances on 25th Street at Van Buren Street and Monroe Street with new curb, gutter, sidewalk and incidentals. 7. The applicant shall contact the Street Transportation Department (Jason Fernandez) at (602) 256-4168 to coordinate the removal, relocation or transfer of ownership of all City owned streetlights within the development. This shall be done at no cost to the City. Existing streetlight at the Northeast corner to be transferred from city ownership to applicant. Applicant to provide a new streetlight on the South side of Monroe Street. 8. All work in public right-of-way is to be done in accordance with plans approved by the Planning and Development Department and at no cost to the City. 9. 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: Alyssa Neitzel, Abandonment Secretary cc: Applicant/Representative, MO 25 LLC Christopher DePerro, Abandonment Hearing Officer 11/20/2020 6