10.C.
City Council Meeting - FINAL
- Meeting Date:
- 05/04/2021
- From:
- Bryce Doty, Real Estate Manager
Information
TITLE:
Consideration and Adoption of Ordinance No. 2021-12: An ordinance of the City Council of the City of Flagstaff abandoning and authorizing the sale of approximately 1,400 square feet of the Hoskins Avenue public right-of-way adjacent to 709 S. O'Leary Street; providing for delegation of authority, repeal of conflicting ordinances, severability, and establishing an effective date.
STAFF RECOMMENDED ACTION:
Staff recommends a motion that the requested public right-of-way within Hoskins Avenue is necessary to complete public improvements and therefore do not approve the abandonment request; or
If Council finds that the full width of Hoskins Avenue is no longer needed as public roadway, then
At the May 4, 2021 Council Meeting:
1) Read Ordinance No. 2021-12 by title only for the first time
2) City Clerk reads Ordinance No. 2021-12 by title only (if approved above)
At the May 18, 2021 Council Meeting:
3) Read Ordinance No. 2021-12 by title only for the final time
4) City Clerk reads Ordinance No. 2021-12 by title only (if approved above)
5) Adopt Ordinance No. 2021-12
or as an additional alternative:
City Council can remand the request back to the Planning & Zoning Commission for their consideration.
While staff provided a written recommendation to deny the request at the Planning & Zoning Commission in January, during the meeting staff provided an alternative recommendation that the right-of-way was not needed. Since that time Transportation Engineering has determined the right-of-way is in fact desired to be retained for public use.
If Council finds that the full width of Hoskins Avenue is no longer needed as public roadway, then
At the May 4, 2021 Council Meeting:
1) Read Ordinance No. 2021-12 by title only for the first time
2) City Clerk reads Ordinance No. 2021-12 by title only (if approved above)
At the May 18, 2021 Council Meeting:
3) Read Ordinance No. 2021-12 by title only for the final time
4) City Clerk reads Ordinance No. 2021-12 by title only (if approved above)
5) Adopt Ordinance No. 2021-12
or as an additional alternative:
City Council can remand the request back to the Planning & Zoning Commission for their consideration.
While staff provided a written recommendation to deny the request at the Planning & Zoning Commission in January, during the meeting staff provided an alternative recommendation that the right-of-way was not needed. Since that time Transportation Engineering has determined the right-of-way is in fact desired to be retained for public use.
Executive Summary:
The property owner of the vacant lot at 709 S. O'Leary St has requested the City abandon and sell a portion of the unimproved public right-of-way on Hoskins Ave. located adjacent to the southern side of the lot. The proposal is to abandon and sell 15 feet by 92 feet along the property line adjacent to 709 S O'Leary St. The new right-of-way/property line would be located at the back of the existing sidewalk. The proposed abandonment/sale of City-owned right of way requires City Council action.
The application and process to abandon public right-of-way is found in City Code 11-20.160. The City Engineer in consultation with the Utilities Director and Public Works Director shall prepare and transmit a staff report to the City Council. The report shall include an evaluation of the consistency of the proposed vacation or abandonment with the General Plan, Zoning Code, any applicable Specific Plan, and all applicable Utilities and Public Works Division standards. The staff report shall also provide an analysis and recommendation City Council may abandon public right-of-way upon finding it is no longer needed for a public purpose. Real Estate has coordinated this report with Transportation Engineering.
City Staff has identified a potential future use for this public right-of-way: connecting the Flagstaff Urban Trails System (FUTS) trails identified in the Flagstaff Regional Plan with a cycletrack/ped-bikeway connection while maintaining on-street parking. Staff finds the request to abandon public right-of-way is not consistent with the Flagstaff Regional Plan or Active Transportation Specific Plan.
If the strip of public right-of-way is abandoned, then the City will have the following options: (a) do not develop the cycletrack connecting the FUTs, or (b) develop the cycletrack and forfeit on-street parking (approximately 20 on-street parking spaces) in any new configuration of Hoskins Ave. City Staff recommends retaining the existing public right-of-way related to this request.
The application and process to abandon public right-of-way is found in City Code 11-20.160. The City Engineer in consultation with the Utilities Director and Public Works Director shall prepare and transmit a staff report to the City Council. The report shall include an evaluation of the consistency of the proposed vacation or abandonment with the General Plan, Zoning Code, any applicable Specific Plan, and all applicable Utilities and Public Works Division standards. The staff report shall also provide an analysis and recommendation City Council may abandon public right-of-way upon finding it is no longer needed for a public purpose. Real Estate has coordinated this report with Transportation Engineering.
City Staff has identified a potential future use for this public right-of-way: connecting the Flagstaff Urban Trails System (FUTS) trails identified in the Flagstaff Regional Plan with a cycletrack/ped-bikeway connection while maintaining on-street parking. Staff finds the request to abandon public right-of-way is not consistent with the Flagstaff Regional Plan or Active Transportation Specific Plan.
If the strip of public right-of-way is abandoned, then the City will have the following options: (a) do not develop the cycletrack connecting the FUTs, or (b) develop the cycletrack and forfeit on-street parking (approximately 20 on-street parking spaces) in any new configuration of Hoskins Ave. City Staff recommends retaining the existing public right-of-way related to this request.
Financial Impact:
City staff has not obtained an appraisal or legal description of the property proposed for abandonment. If City Council approves the first reading of the ordinance, City staff will obtain a legal description and an updated minimum sales price of the property proposed for abandonment prior to the second reading and adoption.
Staff estimates the value of the property based on the Full Cash Value assessment by Coconino County Assessor of the adjacent lot. Recent sales comparisons were analyzed but it was determined that the value of comparable lots were based on the value for assemblage purposes. If sold, the right-of-way will be incorporated into the adjacent lot, but development on the adjacent lot does not require assemblage. The Full Cash Value is currently assessed for this year's taxes at $14.75/SqFt. At approximately 1,400 square feet, Staff values the right-of-way at $20,654. Staff recommends setting the minimum sales prices at $14.75/SqFt plus the cost to obtain legal descriptions, estimated at $1,000. Should the property be sold, the property will be returned to the public property tax rolls.
State law provides that if the property is sold, the City is to receive “an amount …commensurate with the value of the abandoned roadway. “ City Council may consider “fragmentation and marketability and any other public benefit received” in return in determining the amount of consideration., per A.R.S. § 28-7208. Pursuant to A.R.S. § 28-7204 an abutting property owner’s timely offer shall be preferred over all other offers.
Staff estimates the value of the property based on the Full Cash Value assessment by Coconino County Assessor of the adjacent lot. Recent sales comparisons were analyzed but it was determined that the value of comparable lots were based on the value for assemblage purposes. If sold, the right-of-way will be incorporated into the adjacent lot, but development on the adjacent lot does not require assemblage. The Full Cash Value is currently assessed for this year's taxes at $14.75/SqFt. At approximately 1,400 square feet, Staff values the right-of-way at $20,654. Staff recommends setting the minimum sales prices at $14.75/SqFt plus the cost to obtain legal descriptions, estimated at $1,000. Should the property be sold, the property will be returned to the public property tax rolls.
State law provides that if the property is sold, the City is to receive “an amount …commensurate with the value of the abandoned roadway. “ City Council may consider “fragmentation and marketability and any other public benefit received” in return in determining the amount of consideration., per A.R.S. § 28-7208. Pursuant to A.R.S. § 28-7204 an abutting property owner’s timely offer shall be preferred over all other offers.
Policy Impact:
Abandoning this portion of public right-of-way impacts the City's ability to implement an identified potential use to maximize the public purpose of the right-of-way.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Livable Community - Provide amenities and activities that support a healthy lifestyle.
Regional Plan
Goal T.1. Improve mobility and access throughout the region.
Goal T.2. Improve transportation safety and efficiency for all modes.
Livable Community - Provide amenities and activities that support a healthy lifestyle.
Regional Plan
Goal T.1. Improve mobility and access throughout the region.
Goal T.2. Improve transportation safety and efficiency for all modes.
Has There Been Previous Council Decision on This:
No.
At the April 27, 2021 Council Meeting, City staff presented more detailed information about potential future use of Hoskins Avenue for development of a FUTS connection and on-street parking.
At the April 27, 2021 Council Meeting, City staff presented more detailed information about potential future use of Hoskins Avenue for development of a FUTS connection and on-street parking.
Options and Alternatives:
1. Do not approve abandonment (Recommended)
2. Approve abandonment, and minimum bid price of $14.75/SqFt
3. Approve abandonment, but with different minimum bid price or direct staff to obtain an appraisal
4. Remand back to Planning and Zoning Commission for further consideration
Alternative to Abandonment
Applicant may apply for a right-of-way encroachment permit and install improvements in this area, until such time as the FUTS connection is completed.
2. Approve abandonment, and minimum bid price of $14.75/SqFt
3. Approve abandonment, but with different minimum bid price or direct staff to obtain an appraisal
4. Remand back to Planning and Zoning Commission for further consideration
Alternative to Abandonment
Applicant may apply for a right-of-way encroachment permit and install improvements in this area, until such time as the FUTS connection is completed.
Background and History:
In 1943 the Revised Plat of the Washington Addition of the City of Flagstaff, dedicated Hoskins Ave. to the public for public use in varying widths from 60' to 73.5'. In this plat, Hoskins Ave. is shown bounded on the east by the Rio de Flag; as a result, development of Hoskins Street on the East side of O' Leary Street never occurred.
The 2018 Survey of Block A Revised Washington Addition identifies the width of Hoskins Ave. at the SE/4 of Lot 9, being the SE/4 of 709 O'Leary Street as 72.33'. The as-built roadway and improvements along Hoskins along the southern line of 709 O'Leary street measures approximately 55', leaving approximately 12' of unimproved publicly owned right-of-way abutting the southern line of 709 O'Leary Street. Apart from a fire hydrant on the SE/4 adjacent to 709 O'Leary, the remnant right-of-way has never been developed.; it remains un-landscaped city brush.
The owner of 709 O'Leary Street approached the City with a request to abandon a portion of the unbuilt remnant of Hoskins right-of-way adjacent to 709 O'Leary Street. The City Planners, Engineers, Water Services and Traffic evaluated that certain remnant right-of-way along the south side of the 709 O'Leary Street and determined the remnant may be needed in the foreseeable future for right-of-way or FUTS trail purposes. In February of 2020, City staff, on request from the owner of 709 O'Leary to improve the remnant right-of-way, determined that the owner could improve that certain remnant property by applying for an encroachment permit.
Between September and November of 2020, members of Council and staff met with the owner of 709 O'Leary Street three times to discuss the possibility of abandoning the remnant right-of-way. Staff re-affirmed its conclusion that the remnant right-of-way may be needed in the foreseeable future for public purposes
This request was taken before the Planning and Zoning Commission on January, 27, 2021. Staff provided a written recommendation not to approve the request, however during the meeting additional staff was brought in to the meeting and stated the right-of-way could be abandoned. The Commission did vote to approve the request to abandon the public right-of-way to the adjacent owner.
City Staff has since provided greater detail for the future potential use of the public right-of-way, highlighting the trade-offs abandonment presents. This level of detail was not presented to the Planning and Zoning Commission.
The 2018 Survey of Block A Revised Washington Addition identifies the width of Hoskins Ave. at the SE/4 of Lot 9, being the SE/4 of 709 O'Leary Street as 72.33'. The as-built roadway and improvements along Hoskins along the southern line of 709 O'Leary street measures approximately 55', leaving approximately 12' of unimproved publicly owned right-of-way abutting the southern line of 709 O'Leary Street. Apart from a fire hydrant on the SE/4 adjacent to 709 O'Leary, the remnant right-of-way has never been developed.; it remains un-landscaped city brush.
The owner of 709 O'Leary Street approached the City with a request to abandon a portion of the unbuilt remnant of Hoskins right-of-way adjacent to 709 O'Leary Street. The City Planners, Engineers, Water Services and Traffic evaluated that certain remnant right-of-way along the south side of the 709 O'Leary Street and determined the remnant may be needed in the foreseeable future for right-of-way or FUTS trail purposes. In February of 2020, City staff, on request from the owner of 709 O'Leary to improve the remnant right-of-way, determined that the owner could improve that certain remnant property by applying for an encroachment permit.
Between September and November of 2020, members of Council and staff met with the owner of 709 O'Leary Street three times to discuss the possibility of abandoning the remnant right-of-way. Staff re-affirmed its conclusion that the remnant right-of-way may be needed in the foreseeable future for public purposes
This request was taken before the Planning and Zoning Commission on January, 27, 2021. Staff provided a written recommendation not to approve the request, however during the meeting additional staff was brought in to the meeting and stated the right-of-way could be abandoned. The Commission did vote to approve the request to abandon the public right-of-way to the adjacent owner.
City Staff has since provided greater detail for the future potential use of the public right-of-way, highlighting the trade-offs abandonment presents. This level of detail was not presented to the Planning and Zoning Commission.
Key Considerations:
Public right-of-way may be abandoned upon a finding that it is not needed for public roadway.
Community Involvement:
Abandonment and sale of the public right-of-way will allow the land to be combined with the existing lot at 709 S. O'Leary and be placed on the property tax rolls for use as open space and installation of a sign recognizing the Southside community.
Retaining the public right-of-way will allow for construction of the bike/cycle track, retain on street parking and access throughout the area.
Retaining the public right-of-way will allow for construction of the bike/cycle track, retain on street parking and access throughout the area.
Expanded Options and Alternatives:
Abandonment of public right-of-way requires approval by the City Council at a public meeting. Sale of abandoned property requires posting and notifications to surrounding property owners per Arizona Revised Statutes.