Planning Commission Staff Report Street Vacation Hearing Date: July 9, 2014

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1 Planning Commission Staff Report Street Vacation Hearing Date: July 9, 2014 ITEM 2* Kyle Honeycutt, on behalf of Ivory Homes, requests approval for a thirteen (13) lot subdivision to be called Foothill Park, Plat "C," being a partial Vacation of Foothill Park, Plat "B," vacating lots 21, and 26-36, including the Vacation of public streets 1540 East, and the portion of Summit Drive north of Ridge Drive, generally located at 1440 East Ridge Drive, in the R1.10 (One-Family Residential) Zone. Foothills Neighborhood SF, Sean Allen, Applicant: Ivory Homes Staff Coordinator: Sean Allen Property Owner: Ivory Homes Parcel ID#: , 0026, 0027, 0028, 0029, 0030, 0031, 0032, 0033, 0034, 0035, Current Zone: R1.10 (One-Family Residential) Acreage: Approximately 6.83 Number of Properties: 16 Number of Lots: 13 Development Agreement Proffered: No *Council Action Required: Yes, for the vacation of streets and any and all public utility easements associated with the plat, except for the Utah Power & Light, and the non-buildable fault zone easements. ALTERNATIVE ACTIONS: 2. Continue to a future date to obtain additional information or to further consider information presented. The next available meeting date is July 23, :00 p.m. 3. Recommend Denial of the partial vacation of Plat B, in favor of Plat C. This would be a change from the Staff recommendation; the Planning Commission should state new findings. Current Legal Use: Single-family residential Relevant History: June 5, 2013 Administrative hearing to approve Plat amendment (technically a plat vacation). December 2013 Final staff approval granted; February 2014 Amended Plat B recorded at the County. Neighborhood Issues: No concerns were reported from the Neighborhood. Summary of Key Issues: 1. The approval of Plat B, in June of last year, as an amendment, needed to be processed instead as a partial vacation of Plat B, for the lots, streets and easements associated with the proposed area of change; 2. The vacation of the recorded public streets and easements, require City Council approval, and a recommendation from the Planning Commission. Staff Recommendation: 1. Approve the Plat C proposal, pertaining to the partial vacation of lots, and their configuration from Plat B, and then Recommend Approval to the City Council for the proposed vacation of public streets and easements, as recommended by Staff. This action is consistent with the recommendation of the Staff Report. Any additional changes should be stated with the motion.

2 July 9, 2014 Page 2 OVERVIEW: Shortly after the amendment to Foothill Park Subdivision Plat B was recorded, staff realized that it should have been processed as a Plat Vacation, because it included the removal and change of some public streets and public utility easements. This portion of the vacation requires City Council approval; therefore, the plat proposal is being processed through the City again to obtain the correct approvals. GENERAL PLAN POLICIES: In processing applications for development, the City must follow municipal and State laws correctly as they pertain to the various proposals. This action will bring the proposal into compliance with State laws. FINDINGS OF FACT: 1. When changing a recorded subdivision, in the form of removing streets, easements and lots, the subdivision must be processed as a plat vacation; 2. A subdivision plat vacation, including the vacations of public streets and easements, requires City Council approval; 3. The former proposed plat was recorded in error. STAFF ANALYSIS: In breaking down the changes, lots 21 and are being vacated from Plat B in favor of proposed lots , which includes the public utility easements that go along with them. For the streets, Summit Drive no longer connects from Seven Peaks Blvd to Ridge Drive, but now extends as a cul-de-sac north of Ridge Drive East changes from a cul-de-sac extending east from Summit Drive, to now a new roadway that connects to Seven Peaks Blvd, and stubs to the southeast to undeveloped land. The Utah Power and Light easements and the Non-buildable Fault Zone easement are not altered and not included in the vacation.

3 July 9, 2014 Page 3 OTHER DEPARTMENTS: (Engineering/Survey Supervisor) - The major issue was that when Plat B was recorded, the streets were then dedicated as Public Right-of-way or streets. So in order to vacate these streets, the city would have to hold a public hearing concerning these streets. My recommendation is to vacate the streets that are within the boundary of Plat C. Once vacated the city would be able to surplus the property and then quit-claim the property back to the developer. Ivory Homes has expressed concern on the urgency of this project. In speaking with Jeff, from the County Recorder s office, Plat C should be able to be recorded after this vacation takes place. CONCLUSIONS: These proposed corrections to the plat and the process, will give the applicant the correct approvals, and bring the proposal into compliance with State laws regarding vacation of streets and easements. STAFF RECOMMENDATION: A. City Staff recommends the Commission approve the corrected subdivision proposal called Foothill Park Subdivision Plat C, vacating lots 21 and from Plat B; subject to the following conditions: 1. No building permits can be released until the corrected plat is recorded; 2. Lots are still subject to the non-buildable fault zone and the UP & L easements. B. Forward a positive recommendation to the City Council to vacate 1540 East, and the portion of Summit Drive north of Ridge Drive, and vacate all public utility easements associated with the area of change, including the following conditions: ATTACHMENTS: Aerial Location Map Original Plat B Site Map showing the partial vacation Plat C

4 July 9, 2014 Page 4 Attachment 1 Aerial Location Map

5 July 9, 2014 Page 5 Attachment 2 Original Plat B

6 July 9, 2014 Page 6 Attachment 3 Site map showing the partial vacation

7 July 9, 2014 Page 7 Attachment 4 Plat C