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  9.B.       
Meeting Date: 12/06/2022  
From: Bryce Doty, Real Estate Manager

TITLE:
Consideration and Adoption of Ordinance No. 2022-31:  An Ordinance of the City Council of the City of Flagstaff, abandoning approximately 5,237 square feet of public right-of-way at the northwest corner of Fountaine Street and Hoskins Avenue; providing for delegation of authority, repeal of conflicting ordinance, severability, and establishing an effective date
STAFF RECOMMENDED ACTION:
1) Read Ordinance No. 2022-31 by title only for the final time
2) City Clerk reads Ordinance No. 2022-31 by title only (if approved above)
3) Adopt Ordinance No. 2022-31
Executive Summary:
Northern Arizona University owns 631 S. Fountaine St., which abuts approximately 7,400 square feet of unimproved public right-of-way dedicated for Hoskins Ave. Northern Arizona University is requesting the City of Flagstaff abandon a portion of Hoskins Avenue. City staff analyzed the request based on existing public uses, future public uses, utility impacts, and consistency with existing plans and standards. City staff recommends abandoning approximately 5,237 square feet of Hoskins Avenue public right- of-way south of 631 S. Fountaine Street, reserving the southern 20’ of Hoskins Avenue right-of-way to accommodate existing public infrastructure needs and a planned Flagstaff Urban Trail System (FUTS) trail identified in the Regional Plan and the Active Transportation Master Plan.

The Planning and Zoning Commission, on October 26, 2022, determined that abandonment is consistent with the General Plan,Zoning Code, any applicable Specific Plan, and all applicable Utilities and Public Works Division standards, and recommended abandonment.  An easement will be reserved for any existing public utilities using the area to be abandoned as public right-of-way.  

If that portion of Hoskins Avenue adjacent to NAU property is abandoned (the 5,237 square feet), then at a future public meeting City staff will bring to Council for consideration an ordinance authorizing the exchange of this property for property of substantially equal value owned by NAU.  The City is seeking to acquire property currently owned by NAU for upcoming capital improvement projects. 
Financial Impact:
None.  The City is simply abandoning the right-of-way and will retain ownership for now. 

If the City sells or disposes of the abandoned roadway in the future, A.R.S. Section 28-7208 requires the City to receive consideration in an amount deemed commensurate with the value for the abandoned roadway.  The City may exchange the abandoned roadway for real property of substantially equal value pursuant to A.R.S. Section 9-407.
Policy Impact:
None.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & 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.
Has There Been Previous Council Decision on This:
None.

The Council has previously approved an abandonment of undeveloped right-of-way on the north side of Hoskins Avenue. On May 18, 2021 the City Council adopted Ordinance No. 2021-28, abandoning approximately 1,400 square feet of Hoskins Avenue at the northwest corner of Leroux Street, and authorizing sale of the property for its estimated value as the minimum bid.  The adjacent property owner purchased that land.  
Options and Alternatives:
1. Approve ordinance abandoning 5,237 square feet of right-of-way;
2. Do not approve ordinance and provide further direction to staff.
Background/History:
In 1943 the Revised Plat of the Washington Addition of the City of Flagstaff, dedicated Hoskins Street to the public for public use in varying widths from 60' to 73.5'. The right of way in question is directly south of Lot 27. Connecting this portion of right of way as a street, west into NAU Campus never occurred due to topography the campus development pattern.

The 2018 Survey of Block A, Revised Washington Addition identifies the width of Hoskins Street South of Lot 27 (631 S. Fountaine Street) as 68.4 feet. This right-of-way has never been developed for public use and the adjacent property owner has been using the right-of-way as a driveway or for parking.

NAU approached the City with a request to abandon a portion of the unbuilt remnant of Hoskins right-of-way adjacent to 631 S. Fountaine Street. The City Planners, Engineers, Water Services and Traffic evaluated that certain remnant right-of-way along the south side of 631 S. Fountaine Street and determined that right-of-way is no longer needed for use as roadway, except that the southern 20’ does need to remain as roadway for existing and future uses. 

The City contacted utility companies on October 4 and October 17, 2022 requesting utility clearances for the proposed abandonment.  As a condition of abandonment of public right-of -way (ROW), the City will need to allow the existing utility facilities to remain in place or provide for relocation. 
APS Response: Approve abandonment without conditions
UniSource Response: No facilities within portion of ROW
CenturyLink Response: Has not completed review. (If there are facilities in ROW, City will reserve an easement for them).
City Utilities Response: Utility needs are preserved with retained portion of ROW
Attachments
Ord. 2022-31
Hoskins Ave legal description
Presentation
City Code abandonment


    

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