Bristlecone, Inc. has petitioned to vacate the south 15 feet of Hesper Road right of way in front of its property, Rockwood Subdvision, 2nd Filing, Tract 3-A1.  The subdivision for Rockwood Subdivision, 2nd Filing, was completed in 1979 and dedicated an additional 20 feet of right of way on Hesper Road.  This totaled 50 feet of half right of way, which at the time was required for an arterial street.  This portion of Hesper Road, which is located near South 30th Street West, is classified as a local commercial street and not the arterial envisioned in 1979.  The right of way required for a local commercial street is 70 feet, or 35 foot half right of way.  There are no plans to change the classification of Hesper Road to an arterial or collector and 35 feet of half right of way is wide enough to construct a full commercial street in the future.  In 2001, Tract 3-A1 was annexed into the city.  City policy on right of way vacation allows a petitioner to vacate property at no cost if the right of way is returned to the adjacent property from which it was originally dedicated.  This generally applies to property that is undeveloped and this is the case for this property.  The area of the street proposed to be vacated is 10,324 square feet.

The Council may:

• After holding a public hearing, approve the vacation of the above-mentioned right of way; or
• Do not approve the vacation of the above-mentioned right of way.

If approved, the right of way will be returned to the property from which is was originally dedicated at no cost.  This is in accordance with an administrative order establishing value of public rights of way.

Staff recommends that Council approve the vacation of a portion of Hesper Road to the adjacent property at no cost to the petitioner.