Attachment B - Approval Report ABND 250042.pdf
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Planning and Development Department
CONDITIONAL APPROVAL – ABND 250042
Your abandonment request was granted CONDITIONAL APPROVAL by David Neal,
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 Dru Maynus at 602-262-7403 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 January 8, 2028), 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
January 8, 2026
Preliminary Abandonment Staff Report: ABND 250042
Project# 20-3040
Quarter Section: 37-34
District#: 2
Location:
3152 East Bell Road
Applicant:
EPS Group
Request:
This request seeks the abandonment of two
(2) sidewalk easements located at 3152
East Bell Road.
Purpose of request:
The applicant asserts that the existing
sidewalk easements are no longer needed
and will be replaced with new sidewalk
easements.
Hearing date:
January 8, 2026 (Continued from
December 11, 2025)
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City Staff Research
City staff research indicates that the two sidewalk easements on the property at 3152 East Bell
Road were established pursuant to City of Phoenix Ordinance S-48511 on April 20, 2022, and
recorded with the Maricopa County Recorder. Should the sidewalk easements be abandoned,
the property at 3152 East Bell Road would no longer be encumbered by these easements.
City Staff Comments
This request was routed to various City departments for their recommendations. Listed below
are the responses from each department.
Street Transportation Department – Josh Rogers
The Street Transportation Department has reviewed the attached abandonment application and
has the following:
Comments:
The existing driveway adjacent to the sidewalk easement on 32nd Street does not meet current
corner-clearance standards and shall be closed as part of any future site plan review. Additionally,
any other driveways that do not meet current corner-clearance standards (as generally indicated
with a red “X” in the screenshot below) will also be required to be closed during the site plan
review process. In the event of a lot split, a cross-access easement shall be recorded to provide
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legal access to the western portion of the site.
As part of the abandonment process, the right-of-way easement (MCR BK 12666/PG 1036) in
Bell Road will need to be dedicated as fee-title right-of-way.
Please note that all landlocked parcels shall be replated, legally combined, or have an alternate
legal access provided (private ingress/egress easement) to a public street
Stipulations:
1. Dedicate a minimum of 55-feet of right-of-way for the north half of Bell Road, adjacent to
the subject site.
2. All landlocked parcels shall be replated, legally combined, or have an alternate legal
access provided (private ingress/egress easement) to a public street.
Street Transportation Utility Coordination Department– Andrea Diaz
The Street Transportation Department Utility Coordination has found fiber facilities
within the proposed abandonment area. Please see attached drawings and permits
for your reference.
PDD Traffic Department – Derek Fancon
Recommend approval
PDD Planning Department – Dru Maynus
Recommend approval.
Streetlights – Jason Fernandez
Recommend approval.
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Solid Waste – Megan Sheets
Recommend approval.
Water Services – Leticia Saenz
WSD has no concerns/issues for these abandonments.
Long Range Planning
No comment received.
PDD Civil Department – Marcos J. Cartagena
Recommend approval.
Public Transit Department – Skitch Kitchen
The Public Transit Department has no comment on this project.
Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
Cox – Zach Lawson
I have reviewed the abandonment request at 3152 E BELL RD APN 214-03-151C ABND
250042, in Phoenix, {Maricopa County}, AZ. Based upon the supplied drawings/exhibits that
you’ve submitted it has been determined that COX has no facilities within the easement and
therefore we approve your request to abandon.
Please note that although Cox Communications approves this abandonment, we do so with the
understanding that we will not assume any construction, relocation and/or repairs costs
associated or in result of this abandonment
If I can be of further assistance, please contact me using the contact information below
Southwest Gas – Susan R. Mulanax
After reviewing the plans for the above-referenced project, it has been determined that there are
no apparent conflicts between the Southwest Gas system and your proposed abandonment of
the subject two (2) sidewalk easements. Southwest Gas would like to recommend abandonment
of the sidewalk easements located at the above-referenced location.
Thank you for your cooperation on this project. Please contact me if you have any
questions or require additional information.
Arizona Public Service
Recommend approval.
CenturyLink – Katie Smith
Aries Network Construction Services, on behalf of Lumen/Centurylink, is in receipt of your
request for Abandonment or Encroachment of the abandonment request area.
Inventory of Local Lumen Facilities No facilities exist withing requested encroachment area.
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Abandonment/Encroachment Request Overview: Request is for abandonment (ABND 250042)
of (2) sidewalk easements on APN. 214-03-151C - 3148 E. Bell Rd. Phoenix, AZ 85032.
Applicant states, existing sidewalk will be replaced with new sidewalk.
Recommendation: In the event Lumen facilities need to be removed or relocated, all associated
costs will be at the expense of the requestor/agency/owner. Blue staking is required prior to all
excavation activities. Access for Lumen, or its agents, must be maintained. All facilities are to be
avoided or protected while also maintaining a minimum 12” horizontal and vertical separation.
Lumen reserves the right to mandate modifications or removal of encroachments if it is deemed
there is an impediment. Any damage to Lumen facilities and those costs associated with
repair/replace facilities will be at the cost of the requestor/agency/owner. Lumen will not be held
responsible for any damage or cost to repair, move, or remove any encroached items (ie fence,
sign, landscape, pool, etc.) for the purpose of facility management.
Salt River Project – Michael Laguna
Salt River Project has an objection to the abandonment of the two sidewalk easements located
at 3152 E. Bell Road, as depicted in the provided Exhibit A legal description. This is in an
Arizona Public Service serving area.
If you have any questions or need further information, please contact me at 602-236-3116.
Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
1. Applicant shall submit and obtain City approval of a legal description of the
abandonment area prior to City Council approval of ABND 250042.
2. Dedicate a minimum of 55-feet of right-of-way for the north half of Bell Road, adjacent to
the subject site.
3. All stipulations must be completed within two years from the Abandonment Hearing
Officer’s decision.
4. All landlocked parcels shall be replated, legally combined, or have an alternate legal
access provided (private ingress/egress easement) to a public street.
This conditional approval has been reviewed and approved by the Abandonment Hearing
Officer.
Hearing Officer Signature: ________________________________ Date: ___________
REPORT SUBMITTED BY: Dru Maynus, Abandonment Coordinator.
1/27/26
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cc:
EPS Group, Applicant/Representative
David Neal, Abandonment Hearing Officer
If the area to be abandoned is within or adjacent to a redevelopment area established pursuant to
A.R.S.§36-1471 ET.SEQ., Consideration may be given to the restrictions upon the property and the
covenants, conditions and obligations assumed by the redeveloper in the determination of fair market value.