BASIS Charter School Abandonment (11-AB-2015)

430 Pages·2016·8.66 MB·English

Item 17

CITY COUNCIl

REPORT
Meeting Date; February 9, 2016
General Plan Element: Land Use
General Plan Goal: Coordinate Planning to Balance Infrastructure
ACTION
BASIS Charter School
ll-AB-2015
Request to consider the following:
1. Adopt Resolution No. 10327 to abandon the 20-foot wide 127**’ Street right-of-way from E.
Cochise Drive north approximately 576 feet to E. Shea Boulevard.; the 33-foot wide General
Land Office patent easements on the east and west sides and the north 13-feet of the 33-
foot wide General Land Office patent easement on the south side of the property located at
12730 E. Cochise Drive; and the 33-foot wide General Land Office patent easement on the
west side and the north 13-feet of the 33-foot wide General Land Office patent easement on
the south side of parcel #217-32-010 at the southwest corner of E. Shea Boulevard and N.
128**’ Street for a new charter school with Single-family Residential, Environmentally
Sensitive Lands (Rl-43 ESL) zoning.
2. Adopt Resolution No. 10346 authorizing Development Agreement No. 2016-017-COS with
BASIS Schools, Inc. outlining traffic mitigation measures and school operations for the
charter school located at the southwest corner of E. Shea Boulevard and N. 128**’ Street.
Key Items for Consideration
• Access to other properties is not impacted by this proposed abandonment
• Conforms with the Transportation Master Plan and Local Area Infrastructure Plan
• Concerns have been raised and comments received about impact of a new school in the area,
primarily about traffic generated by the use. Only the abandonment is being considered by this
action.
• Planning Commission heard this case on January 13, 2016 and recommended approval with a
6-0 vote
------ErShea-Boulevard-----1-----
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OWNER
1
1
Basis Schools, Inc.
480-289-2088 1
APPLICANT CONTACT [
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ActionTaken General Location Map ^
Planning Commission Report | BASIS Charter School (ll-AB-2015)
Phil Carhuff
Carhuff + Cueva Architects, LLC
520-577-4560
LOCATION
Southwest corner of N. 128*^ Street and E. Shea Boulevard
BACKGROUND
General Plan
The General Plan Land Use Element designates the property as Rural Neighborhoods. This category
includes relatively large lot single-family neighborhoods.
Zoning
The site is zoned Single Family Residential, Environmentally Sensitive Lands (Rl-43 ESL). Single
Family Residential zoning district(s) allow for charter and public schools as a permitted use.
Prior to February 2014, the Scottsdale Zoning Ordinance required that private and charter schools
obtain a Conditional Use Permit (CUP) in order to locate in residential districts, but public schools
were allowed by right (no CUP required). State Senate Bill (SB) 1103 went into effect in September
2013 and provides that charter schools be classified the same as public schools and be exempt
from municipal regulation for the purposes of zoning. As a result of SB 1103, the Scottsdale Zoning
Ordinance text was amended to allow a charter school use to be allowed by right in residential
districts without needing a CUP, similar to a public school use (case 7-TA-2013; Ordinance No.
4140; Resolution No. 9643).
Other health and safety issues, including city building and fire safety requirements, must still be
met. However, cities have limited authority on other development standards for charter school
development.
Context
The subject 20 feet right-of-way was dedicated in 1982. The General Land Office patent easements
on both properties were dedicated in 1954. The subject properties are located at the southwest
corner of E. Shea Boulevard and N. 128*'’ Street. Please refer to context graphics attached.
The subject GLO roadway easements were reserved on the original patent deed to assure legal
access. Currently the 33-feet wide GLO easements and the north 13-feet of the 33-feet wide GLO
located on the south side of the properties along E. Cochise Drive are unimproved.
General Land Office Patent Easements (general information).
• Within the City of Scottsdale there are General Land Office (GLO) lots or parcels of various sizes
created by the Federal Small Tract Act. This act was passed in 1938 and repealed in 1976.
• Most GLO lots were patented with 33 foot (or sometimes 50 foot) roadway and public utility
easements typically "as near as practicable to the exterior boundaries."
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Planning Commission Report | BASIS Charter School (ll-AB-2015)
• The city has viewed these patent roadway and utility easements as assured access at least until
a local circulation plan is established.
• As GLO lots come in for development (i.e., lot splits, subdivisions or requesting building permits)
staff requires city right-of-way dedications per city circulation plans. The city's transportation
plan establishes a street system to replace the grid pattern created by the GLO easements.
• Any patent easements in excess of the current requirements to the circulation plans (including
trails), roadway standards, and not required to insure access to any other lot, may be requested
to be abandoned.
• On 1981, City Ordinance 1386 was adopted delegating the authority for the release of GLO
easements to the Engineering Services Director.
• On March 2,1999, the City Council repealed Ordinance 1386 and adopted Ordinance 3219
which requires the abandonment of the GLO patent roadway easements to go through the same
public hearing process currently used for all rights-of-way, alleys, and roadway easements. The
City Attorney's office has concluded that this process for consideration of GLO roadway
abandonment satisfies legal requirements.
• On August 12, 2005, Arizona Revised Statute section 9-500.4 became effective. This section
gives the local municipality the right to abandon GLO patent easements, and concurs with the
city's position on abandonment of GLO patent easements.
Related Policies, References:
2008 Scottsdale Transportation Master Plan
2010 Local Area Infrastructure Plan
2004 Trails Master Plan
APPLICANTS PROPOSAL
Goal/Purpose of Request
This request is to abandon the 127*'’ Street right-of-way and to abandon GLO's on the properties at
the southwest corner of E. Shea Boulevard and N. 128*'’ Street for a new charter school. The
proposed abandonments will provide flexibility for site planning of the new charter school.
IMPACT ANALYSIS
Traffic/Trails
The proposed abandonments will not impact the existing or planned street and trail networks in the
area. Access will be provided by E. Shea Boulevard and N. 128*'’ Street, and E. Cochise Drive will also
remain. The Transportation department has been working with the charter school on providing on-
site and off-site traffic mitigation and public safety measures (including but not limited to a traffic
signal and other traffic control devices, street and intersection improvements, student enrollment
maximums, and staggered start/end times). These requirements have been incorporated into the
Development Agreement.
Public utilities
The public utilities have been notified of the applicant's request. The utility companies have
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Planning Commission Report | BASIS Charter School (ll-AB-2015)
indicated that there are no conflicts with the proposed abandonment and support the
abandonment.
Community Involvement
The applicant noticed all property owners within 750 feet of the proposed abandonment areas. The
site was also posted notifying interested parties of the request and the city sent postcards to
property owners surrounding the site in notice of the request. The applicant has met with the
neighbors.
Staff has received 484 e-mails in support of the Basis abandonment and school. Most of the e-mails
in support cite the following:
• Ideal location off of Shea Boulevard
• Basis has been named consistently as the best school in the country.
• Supporting Basis is being pro-education.
• Will raise property values being located by the #1 school.
• The school is a permitted use in this location.
• Basis is working with the City to make the intersection safer with traffic lights, turn lanes
staggered start times and no pick-up/drop off on residential streets.
Staff has received 129 e-mails in opposition of the Basis abandonment and school. Most of the e-
mails in opposition cite the following:
• Traffic
• Safety including teenage drivers and access being impeded for emergency vehicles
• 1,300 students plus staff
• Compatibility with the neighborhood
• Lack of sidewalks in the neighborhood
Community Impact
The proposed abandonments do not restrict access to adjacent properties. The applicant will
provide compensation to the City of Scottsdale in the amount of $16,195.20 as well as dedicated
right-of-way, a 100-foot wide Scenic Corridor easement and a Development Agreement stipulating
traffic improvements and school operations.
OTHER BOARDS & COMMISSIONS

Planning Commission
Planning Commission heard this case on January 13, 2016 and recommended approval with a 6-0
vote.
Staffs Recommendation to Planning Commission
Staff recommended that the Planning Commission make a recommendation to the City Council for
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Planning Commission Report | BASIS Charter School (ll-AB-2015)
approval of the following abandonments: to abandon the 20-foot wide 127th Street right-of-way
from E. Cochise Drive north approximately 576 feet to E. Shea Blvd.; the 33-foot wide General Land
Office patent easements on the east and west sides and the north 13-feet of the 33-foot wide
General Land Office patent easement on the south side of the property located at 12730 E. Cochise
Drive; and the 33-foot wide General Land Office patent easement on the west side and the north
13-feet of the 33-foot wide General Land Office patent easement on the south side of parcel #217-
32-010 at the southwest corner of E. Shea Blvd. and N. 128th Street, finding that the proposed
abandonment is consistent with and conforms to the adopted General Plan. This recommendation
is subject to the following stipulations:
1. The property owner provide $16,195.20 as compensation;
2. The property owner dedicate a minimum 100-foot wide scenic corridor easement along Shea
Boulevard on property located at 12730 E. Cochise Drive and on parcel #217-32-010;
3. The property owner dedicate 20-feet wide right-of-way on E. Cochise Drive adjacent to
parcel #217-32-010;
4. The property owner dedicate a 25-foot radius of right-of-way at the intersection of E.
Cochise Drive and N. 128‘^ Street;
5. The property owner reserve and dedicate the abandoned 20-feet wide 127*^ Street right-of-
way as a Natural Area Open Space easement;
6. The property owner enter into an Agreement in a from approved by the City Attorney that
outlines provisions providing on-site and off-site traffic mitigation and public safety
measures (including but not limited to a traffic signal and other traffic control devices, street
and intersection improvements, student enrollment maximums, and staggered start/end
times).
RECOMMENDATION
Recommended Approach:
1. Adopt Resolution No. 10327 to abandon the 20-foot wide 127*^ Street right-of-way from E.
Cochise Drive north approximately 576 feet to E. Shea Blvd.; the 33-foot wide General Land
Office patent easements on the east and west sides and the north 13-feet of the 33-foot
wide General Land Office patent easement on the south side of the property located at
12730 E. Cochise Drive; and the 33-foot wide General Land Office patent easement on the
west side and the north 13-feet of the 33-foot wide General Land Office patent easement on
the south side of parcel #217-32-010 at the southwest corner of E. Shea Blvd. and N. 128‘^
Street for a new charter school with Single-family Residential, Environmentally Sensitive
Lands (Rl-43 ESL) zoning.
2. Adopt Resolution No. 10346 authorizing Development Agreement No. 2016-017-COS with
BASIS Schools, Inc. outlining traffic mitigation measures and school operations for the
charter school located at the southwest corner of E. Shea Boulevard and N. 128‘^ Street.
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Planning Commission Report | BASIS Charter School (ll-AB-2015)
RESPONSIBLE DEPARTMENT(S)__________________
Planning and Development Services
Current Planning Services
STAFF CONTACTS (S)
Doris McClay
Planner
480-312-4214
E-mail: [email protected]
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Planning Commission Report | BASIS Charter School (ll-AB-2015)
APPROVED BY
'fKi.
is McClay, Report Autho^
t(
Timm CCuurrttJfc^,, AAllCCPP,, Current Planning Director Date
480-312-4210, [email protected]
Grant, Di^tor
PlaV^garyi-0evelopment Services
480-312-2664, [email protected]
ATTACHMENTS
1. Resolution No. 10327
2. Development Agreement No. 2016-017-COS
3. Resolution No. 10346
4. Applicant's Narrative
5. Context Aerial
6. Detail Aerial
7. Site Plan of proposed charter school
8. Applicant's Citizen Outreach
9. Citizen Correspondence in Support
10. Citizen Correspondence in Opposition
11. City Notification Map
12. January 13, 2016 Planning Commission Minutes
13. Comment cards received at the January 13, 2016 Planning Commission meeting
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Current Planning Services
m
One Civic Center
7447 E Indian School Road, Suite 105
Scottsdale, AZ 85251
MEMO RANDUM
TO: Honorable Mayor and City Council Members
FROM: Doris McClay, Planner
THROUGH: Randy Grant, Director and
Tim Curtis, AlCP, Current Planning Director
DATE: 1/26/2016
SUBJECT: BASIS Charter School (11 -AB-2015)
The following items will be provided in the supplemental packet on Tuesday, February 2,
2016, for the above case scheduled to the February 9, 2016 City Council Hearing:
1. Adopt Resolution No. 10327 to abandon the 20-foot wide 127*'^ Street right-of-
way from E. Cochise Drive north approximately 576 feet to E. Shea Boulevard.;
the 33-foot wide General Land Office patent easements on the east and west
sides and the north 13-feet of the 33-foot wide General Land Office patent
easement on the south side of the property located at 12730 E. Cochise Drive;
and the 33-foot wide General Land Office patent easement on the west side and
the north 13-feet of the 33-foot wide General Land Office patent easement on the
south side of parcel #217-32-010 at the southwest corner of E. Shea Boulevard
and N. 128“’ Street for a new charter school with Single-family Residential,
Environmentally Sensitive Lands (R1-43 ESL) zoning.
2. Adopt Resolution No. 10346 authorizing Development Agreement No. 2016-017-
COS with BASIS Schools, Inc. outlining traffic mitigation measures and school
operations for the charter school located at the southwest corner of E. Shea
Boulevard and N. 128*“ Street.
City of Scottsdale Planning and Development Services Department
7447 E Indian School Road, Suite 105 Scottsdale, AZ 85251
480-312-7000 • 480-312-7088 fax • www.scottsdaleaz.gov
RESOLUTION NO. 10327
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE,
MARICOPA COUNTY, ARIZONA. PARTIALLY ABANDONING A PORTION OF
THE PUBLIC RIGHT-OF-WAY FOR CERTAIN G.L.O. EASEMENTS LOCATED
BETWEEN SHEA BOULEVARD AND COCHISE DRIVE, AND BETWEEN
NORTH 127™ STREET AND NORTH 128™ STREET.
(11-AB-2015)
(Basis School)
WHEREAS:
A. A.R.S. §9-500.24 and A.R.S. §28-7201, et seq. provide that a city may dispose of
a roadway or portion thereof when said property or portion thereof is no longer necessary for
public use.
B. After notice to the public, hearings have been held before the Planning
Commission and Council of the City of Scottsdale (“City”) on the proposed abandonment of the
street right-of-way and other interests described on Exhibit “A” and Exhibit “B", Exhibit “C"
and Exhibit “D”, and Exhibit “E" and Exhibit “F” attached hereto (the “Abandonment Right-
of-way”).
C. All or a portion of the Abandonment Right-of-Way lies within the area of a
General Land Office (GLO) easement created by patent reservation.
D. The City Council finds that, subject to the conditions, requirements, reservations
and limitation of this resolution, the Abandonment Right-of-way is no longer necessary for public
use.
E. City's city council has considered the City expenditure, if any, authorized by this
resolution and the direct consideration that City will receive and finds that there is a clearly
identified public purpose for City’s expenditure, if any, and that City will receive direct
consideration substantially equal to its expenditure.
F. The City Council finds that consideration and other public benefit commensurate
with the value of the property, giving due consideration to its degree of fragmentation and
marketability, will be provided to the City by the owner of the abutting property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale,
Arizona, as follows:
1, Abandonment. Subject to the reservations below, the Abandonment Right-of-way is
abandoned as public street right-of-way.
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Resolution No. 10327
ATTACHMENT 1
2. Reservations. The City reserves to itself and excludes from this abandonment all of the
following cumulative, perpetual interests:
2.1 Any and all interests in the Abandonment Right-of-Way that this resolution or any
related application, zoning case, plat, lot split, use permit, or other land use regulatory process
or requirements may require to be dedicated to City.
2.2 Any of the following in favor of City that may already have been imposed on the
Abandonment Right-of-Way prior to this resolution, if any:
2.2.1 Any V.N.A.E. or other vehicular non-access easement or covenant.
2.2.2 Any N.A.O.S. or other open space or similar easement or covenant.
2.2.3 Any scenic corridor, setback or similar easement or covenant.
2.3 An easement for all existing utilities, if any.
2.4 Such rights and interests, if any, as are required to be reserved by A.R.S.
Sec. 28-7210 and A.R.S. Sec. 28-7215.
3. Effective Date. This resolution shall not be recorded or become effective until all
of the following conditions (the “Conditions”) are satisfied in accordance with all applicable laws,
regulations and policies and at no expense to City:
3.1 The owners of the Basis Parcel (the “Owner”) shall acknowledge that City is
releasing only its interest in the General Land Office (GLO) easement, and that other persons or
entities may claim that this resolution does not completely extinguish the GLO easement. Each
Owner releases City from any and all damages or other harm relating to any of such claims.
Each Owner shall execute and acknowledge an “Agreement and Release by GLO
Abandonment Parcel Owner” in the form attached hereto as Exhibit “G”. Each Owner shall
cause all holders of fee title, leaseholds, liens, exclusive easements, and options in Owner’s
property to execute and acknowledge an “Agreement and Release by Lender, Tenant, or Other
Interest Holder" in the form attached hereto as “Exhibit H”. The preceding sentence does not
apply to individual residential rental unit tenants. All of such documents, when signed and
acknowledged, shall be attached to and recorded with this resolution.
3.2 The Owner (and all lenders, tenants, and other interest holders in such parcels)
shall convey to City using City specified forms each of the real estate interests specifically
described in this resolution as having been reserved in favor of City.
3.3 The Owner shall pay to City the amount of Sixteen Thousand One Hundred
Ninety Five and 20/100 Dollars ($16,195.20) (the “Payment Amount”) as compensation to City
for the Abandonment Right-of-Way, in addition to any application fees or other amounts related
to this resolution and in addition to any other amounts payable to City.
3.4 The Owner shall dedicate to City using City specified forms:
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Resolution No. 10327