J & S Development, the developer of Grand Peaks Subdivision, received preliminary plat approval of Grand Peaks 5th Filing and Grand Peaks Subdivision 6th Filing on December 16, 2019.  As a condition of the approval, it was required that the existing Grand Peaks Drive and Sundance Mountain Trail right of way be vacated prior to final plat approval.  Grand Peaks Subdivision 5th Filing and 6th Filing realign the streets.  There have been no improvements made on the portions of right of way to be vacated.  J & S Development is the original developer, therefore, the right of way to be vacated is returned at no cost to the developer in accordance with Administrative Order 56.  Attached is the resolution with a map showing the right of way to be vacated.  

The Council may:

• After holding a public hearing, approve the vacation of the above-mentioned right-of-way; or
• After holding a public hearing, do not approve the vacation.  If not approved, J & S Development would have to start over with a new subdivision plat utilizing the existing right of way.

Administrative Order 56 states that since the right of way proposed to be vacated will revert to the original developer and no streets are constructed, there is no cost for the vacation.  New right of way will be dedicated to replace the vacated area. 

Staff recommends City Council hold a public hearing and approve the vacation of portions of Grand Peaks Drive and Sundance Mountain Trail.