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 realigns 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 a map showing the right of way to be vacated.  

The Council may:

• Acknowledge receipt of the petition to vacate the above mentioned right of way and set a public hearing for April 13, 2020; or
• Do not acknowledge the petition to vacate the right of way.  If not acknowledged, the right of way vacation cannot proceed.

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 that Council acknowledge receipt of the petition to vacate portions of Grand Peaks Drive and Sundance Mountain Trail and set a public hearing for April 13, 2020.