The Copper Ridge Development Corporation, owner of Reflections at Copper Ridge Subdivision, is platting Reflections at Copper Ridge Subdivision 3rd Filing.  It received preliminary plat approval on May 14, 2012.  One of the preliminary plat conditions was to vacate Reflections Circle.  The subdivision plat will re-dedicate a street without parkland in the center of the cul de sac.  The parkland will be replaced in another location.  None of the streets have been constructed and Copper Ridge Development Corporation is the original developer.  Under those conditions, the staff recommends that the street be vacated at no cost to the developer.  Attached is a map showing the right of way that will be vacated and the right of way that will be dedicated with the final plat.   This Council action acknowledges the street vacation application and sets a public hearing on May 13, 2013.  Vacation of this street will allow the owner to move forward with final plat approval of Reflections at Copper Ridge Subdivision 3rd Filing.

Preliminary plat approval obligates the developer to comply with the conditions that the City sets, but it also bars the City from applying new conditions on the final plat.  Therefore, there are no viable alternatives to acknowledging receipt of the petition to vacate right of way and setting a public hearing for May 13, 2013.

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 that Council acknowledge receipt of the petition to vacate Reflections Circle and set a public hearing for May 13, 2013.