S T A F F R E P O R T

CITY COUNCIL AGENDA May 7, 2013 880 east street vacation.docx

DATE: April 23, 2013 TO: Honorable Mayor and City Council FROM: Laura Thompson, Planner I SUBJECT: CONSIDERATION TO VACATE A PORTION OF AN UNIMPROVED

STREET LOCATED AT APPROXIMATELY 700 NORTH 880 EAST, AND TO VACATE AND AMEND LOT 11, BLOCK 1 OF HALLS EASTERN HILLS SUBDIVISION TO BE INCLUDED IN THE EAST SUNSET RIDGE SUBDIVISION

RECOMMENDED MOTION Move to approve the vacation of the unimproved street located at approximately 700 North 880 East, as described in Exhibit “A,” also, moving to vacate and amend Lot 11, Block 1 of Halls Eastern Hills Subdivision to be included in the East Sunset Ridge Subdivision. SUMMARY OF ISSUES/FOCUS OF ACTION

- Does the proposed road vacation meet the requirements of Title 10-9a-609.5, Utah Code Annotated, 1953, as amended; “Vacating or altering a street or alley?”

- Does it also meet the general requirements of Springville Municipal Code section 14-7-

101: Plat Amendments, Alterations and Vacations?

- Does good cause exist for the vacation and will neither the public interest nor any person be materially injured by the vacation?

BACKGROUND The proposed street vacation falls on a small portion of right-of-way that was dedicated as part of the Halls Eastern Hills Subdivision in 1958. This portion of the street was never improved. The applicants have submitted an application for the East Sunset Ridge Subdivision (concept attached) that will incorporate the vacated right-of-way into the existing Lot 11, of Halls Eastern Hills and a new lot in the proposed subdivision.

City Council May 7, 2013 Page 2

CITY COUNCIL AGENDA May 7, 2013 880 east street vacation.docx

DISCUSSION Existing utilities. There is an existing storm drain line and sewer line within the right-of-way that will remain in a new 20-foot easement. No other utilities exist in the roadway. Access. Because the roadway was never improved, there has never been access to any properties from the proposed vacation area. The applicants survey work and engineering feasibility design, determined that the road is physically impossible to construct without exceeding the maximum allowable grade of 10% permitted by City Code. Plat Amendment. Lot 11, of Halls Eastern Hills at 663 North 880 East is proposed to be vacated and amended with the proposed East Sunset Ridge Subdivision and will incorporate a portion of the vacated right-of-way. DEVELOPMENT REVIEW COMMITTEE ISSUES The Development Review Committee reviewed the proposed vacation and subdivision concept plan on February 21, 2013. There were no concerns regarding the street vacation and staff was in support of not continuing the street from this location, due to the existing slope. The DRC granted Concept Plan approval of the East Sunset Ridge Subdivision. COMMISSION ACTION: The Planning Commission considered the proposed street vacation at the April 9, 2013 meeting. A public hearing was held with no one wanting to address the item. Commissioner Huff commented that there seemed to be no reason not to vacate the street.

City Council May 7, 2013 Page 3

CITY COUNCIL AGENDA May 7, 2013 880 east street vacation.docx

Commissioner Young moved to recommend approval to vacate the portion of right-of-way located at approximately 700 North 880 East and vacate and amend Lot 11, Block 1 of Halls Easter Hills Subdivision, to be included in the East Sunset Ridge Subdivision. Commissioner Packer seconded the motion. The vote to recommend approval to the City Council was unanimous. Commission Vote Commissioner Yes No Huff X Young X Packard X Nolte X Clay X Mertz X Clyde Excused ALTERNATIVES

1. Approve the proposed street vacation; 2. Deny the proposed street vacation.

Laura Thompson Planner I Attachments cc: Steve Martin and Clint Martin of Litefoot Investments, LLC

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ORDINANCE NO. ____-2013

AN ORDINANCE VACATING AN UNIMPROVED STREET LOCATED AT APPROXIMATELY 700 NORTH 880 EAST

WHERAS, the unimproved street, as more particularly described in Exhibit “A” attached hereto, is a Springville public street located approximately 700 North 880 East; and

WHEREAS, the street was dedicated to Springville City as part of the Halls Eastern Hills Subdivision on September 19, 1958 and never improved; and

WHEREAS, it is proposed that the described unimproved street be vacated and used as a portion of a single-family lot in the proposed East Sunset Ridge Subdivision; ands

WHEREAS, on April 9, 2013, the Springville City Planning Commission held a duly noticed public hearing to consider the proposed street vacation and after such hearing the Springville City Planning Commission recommended to the Springville City Council that such vacation be approved; and

WHEREAS, Springville City has published in a newspaper of general circulation, posted a sign calculated to alert the public on or near the street area to be vacated and published the notice on the Utah Public Notice Website, the date and time of the public hearing; and

WHEREAS, a public hearing was held on May 7, 2013 to consider public input concerning the proposed vacation of the above described unimproved street; and

WHEREAS, the City Council finds that good cause exists for the vacation and neither the public interest nor any person will be materially injured by the vacation of the above described unimproved street.

NOW, THEREFORE, be it ordained by the Springville City Council of the City of Springville, Utah, as follows:

1. The unimproved street located at approximately 700 North 880 East, and more particularly described in Exhibit “A” attached hereto, is hereby vacated.

2. All other ordinances, resolutions, and policies in conflict herewith, either in whole or in part, are hereby repealed.

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3. This ordinance shall take effect immediately after being posted or published as required by law.

PASSED AND APPROVED this 7th day of May, 2013.

SPRINGVILLE CITY __________________________________ MAYOR WILFORD W. CLYDE

ATTEST:

___________________________________ CITY RECORDER

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EXHIBIT “A”

SPRINGVILLE CITY 700 NORTH 880 EAST ROAD VACATION AND ABANDONMENT

Commencing at the Southwest corner of Lot 11, Block 1, Halls Eastern Hills Subdivision, Springville, Utah, said point being located North 430.17 feet and East 342.89 feet from the Southwest corner of Section 27 , Township 7 South, Range 3 East, Salt Lake Base and Meridian; thence North 36°48’00” West 42.40 feet; thence North 00°40’00” West 304.24 feet; thence South 34°53’00” East along 880 East Street 144.46 feet; thence along the arc of a 30.78 foot radius curve to the left 78.32 feet (chord bears South 72°13’30” West 58.84 feet); thence South 00°40’00” East 201.72 feet to the point of beginning. AREA = 9448 sq. ft.