Attachment B - Approval Report 250001.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 250001 Your abandonment request was granted CONDITIONAL APPROVAL by Craig Messer, 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 March 13, 2027), 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 March 13, 2025 Preliminary Abandonment Staff Report: ABND 250001 Project# 01-1415 Quarter Section: 30-25 District#: 3 Location: 2600 W Sonoran Desert Drive Applicant: K.Hovnanian Phoenix Division, Inc. / Chuck Chisholm Request: Request to abandon a rectangular drainage easement (totaling to 63,066 sf) located immediately north of Sonoran Desert Drive, an irregular shaped drainage easement (totaling to 98,099 sf) immediately south of North Foothills Drive, a trapezoidal drainage easement (totaling to 1,022 sf) located near the southeast corner of north of Sonoran Desert Drive and North Valley Parkway, a rectangular temporary drainage easement (totaling to 36,829 sf) located near the southeast corner of north of Sonoran Desert Drive and North Valley Parkway, a rectangular sidewalk easement (totaling to 5,783 sf) located west of North Valley Parkway, and a rectangular shaped slope easement (totaling to 14,888 sf) immediately north of Sonoran Desert Drive, and temporary.*ON MARCH 13, 2025, THE APPLICANT OPTED TO REMOVE ABANDONMENT OF THE SLOPE EASEMENT FROM THE ABANDONMENT REQUEST. Purpose of request: The Sonoran Foothills ll Parcel 5B subdivision is planned in this location. Easements will be dedicated on the final where appropriate. As a result, the existing easements are no longer needed. Hearing date: March 13, 2025 3 City Staff Research City Staff research shows that the slope easement and sidewalk easement were dedicated as an easements as shown on the Sonoran Foothills PCD Final Plat dated May 14, 2002 (Book 592, Page 17) . Drainage Easement #1 was dedicated on February 16, 2023 (Recordation Number 2023-0078518). The easement was dedicated for the purpose of allowing storm, flood, and other waters to pass over, under or through the land set aside for easement. Drainage Easement #2 was dedicated on May 31, 2013 (Recordation Number 2013-0500533). The purpose of the easement was to allow storm, flood and other waters to pass over, under, or through the land set aside for the easement. Drainage Easement #3 was dedicated on December 23, 2014 (Recordation Number 2014-0844380). The purpose of the easement was to allow storm, flood and other waters to pass over, under or through the land set aside for the easement. Lastly, the temporary drainage easement was dedicated on December 23, 2014 (Recordation Number 2014-0844379). The temporary drainage easement’s purpose was for the benefit of the public as right-of-way for drainage purposes. If abandoned, the 20-feet wide sidewalk easement, slope easement, drainage easement #1, drainage easement #2, drainage easement #3, and temporary drainage easement would no longer encumber 2600 W Sonoran Desert Drive. City Staff Comments This request was routed to various City departments for their recommendations. Listed below 4 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: A minimum of 10-feet of sidewalk easement, adjacent to the North Valley Parkway right-of-way is required per the Sonoran Foothills and Canyon Crossroads Master Plans. Further reduction of the sidewalk easement below 10-feet in width would require approved amendments to those master plans prior to an abandonment being considered. Any sidewalk adjacent to the North Valley Parkway would need to remain within a sidewalk easement as well. Slope Easement: Prior to any recommendation of approval for slope easement removal, the applicant shall submit a slope analysis and stability report that is approved by the Planning and Development Department Stipulations: 1. A minimum of a 10-foot-wide sidewalk easement shall be retained adjacent to the North Valley Parkway right-of-way line. OR 2. No sidewalk easement may be abandoned within 10-feet of the North Valley Parkway right-of-way line. OR 3. No sidewalk easement, adjacent to North Valley Parkway, shall be abandoned below the minimum width required by the Sonoran Foothills and Canyon Crossroads approved master plans. Street Transportation Utility Coordination Department– Andrea Diaz The Street Transportation Department Utility Coordination section has no comments. PDD Traffic Department – Derek Fancon Recommend approval. PDD Planning Department – Dru Maynus Recommend denial, applicant shall submit and obtain approval of a slope stability and analysis report to the Planning & Development Department prior to abandonment approval. Streetlights – Jason Fernandez Recommend approval. Solid Waste – Megan Sheets Approved. Water Services – Don Reynolds WSD has NO stipulations for this Abandonment of Easements. The proposed property has existing water and sewer mains that can potentially serve the development. 5 PDD Village Planner – Sarah Stockham No comment received. PDD Civil Department – Jonathan Bunch Civil Division recommends approval with the following stipulations: 1. Reroute of facilities - New easement dedications are required and partial removal of existing drainage facilities in the temporary drainage easement near the SE corner of the site is required. An approved grading and drainage plan is required, and bonds posted for new drainage facility work. 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 – Melinda Hileman I have reviewed the proposed abandonment request for the parcel located at Sonoran Desert Dr. & North Foothills Dr., in Phoenix, AZ. Cox will agree to abandonment once the COX facilities have been relocated. Also please note that Cox Communications accepts no liability for costs associated with any relocation of existing facilities required as a result of this proposed abandonment. If I can be of further assistance or a conflict arises, 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 Drainage, Temporary Drainage, Slope and Sidewalk Easements presented in the subject request. Southwest Gas would like to recommend abandonment of theses 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 – James Generoso No comment received. CenturyLink – Jody K. Butte Qwest Corporation. d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for a letter of no objection to the abandonment described above and has determined that it has no reservations with respect to the areas proposed for abandonment as shown and/or described on Exhibit “A”, said Exhibit “A” attached hereto and incorporated by this reference. Lumen has no active facilities located close to the project limits. 6 In the event Lumen facilities need to be removed, all associated costs will be at the expense of the sponsoring agency/owner. This Letter of No Objections response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions please contact Jody Butte, 814-599-0114 jody.butte@lumen.com. Salt River Project – Michael Laguna Salt River Project has no objection to the abandonment of the three Drainage Easements, a Temporary Drainage Easement, a Slope Easement, and a Sidewalk Easement as shown in the abandonment package received on January 24, 2025. This is in an Arizona Public Service serving area. 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 obtain City approval of a legal description of the abandonment area prior to City Council approval of ABND 250001. 2. A minimum of a 8-foot-wide sidewalk easement shall be retained adjacent to the North Valley Parkway right-of-way line. 3. The applicant shall ensure that new required easement dedications are shown on Plat 240072 which shall be recorded concurrently with ABND 250001. 4. 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: Dru Maynus, Abandonment Coordinator. cc: K.Hovnanian Phoenix Division, Inc. / Chuck Chisholm, Applicant/Representative Craig Messer, Abandonment Hearing Officer March 26, 2025 7 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.