Planning Commission Staff Report Street Vacation Hearing Date: December 11, 2013

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Planning Commission Staff Report Street Vacation Hearing Date: December 11, 2013 ITEM 3* Tara Riddle, as agent for Provo City Corporation, requests approval of a street vacation of North 250 West

1 Planning Commission Staff Report Street Vacation Hearing Date: December 11, 2013 ITEM 3* Tara Riddle, as agent for Provo City Corporation, requests approval of a street vacation of North 250 West from 800 North to approximately the mid-point of the Provo City Energy Complex. This portion of 250 West should have been vacated at the time the Energy Complex was constructed. The property is located generally at 251 West 800 North in the PF (Public Facilities) zone. North Park Neighborhood SV Applicant: Tara Riddle, Provo City Staff Coordinator: Carrie Walls Property Owner: Provo City Parcel ID#: 21:007:0004 Current Zone: PF (Public Facilities) General Plan: PF (Public Facilities) Acreage: 0.14 Number of Properties: 1 Number of Lots: 1 Total Building Sq. Ft.: N/A *Council Action Required: Yes ALTERNATIVE ACTIONS 2. Continue to a future date to obtain additional information or to further consider information presented. The next available meeting date is January 8, 2014, 5:00 p.m. 3. Recommend Denial of the proposed Street Vacation. This would be a change from the Staff recommendation; the Planning Commission should state new findings. Current Legal Use: The property is currently a part of the Energy Complex and has a building constructed over most of it. Relevant History: The Energy Complex was constructed in 1955 and the building was constructed over what would have been a portion of West 250 North that would extend south of 800 North. In May 2013, Provo City completed the process to plat the Energy Complex from 800 North south to 650 North and from Freedom Blvd. west to 300 West. The plat also includes two lots west of 300 West and north and south of 700 North. Neighborhood Issues: No concerns or issues have been received from the neighborhood. Summary of Key Issues: This portion of North 250 West has never been constructed and was not vacated when the Energy Complex was built. The platting process that was approved in May 2013 for the Energy Complex exposed this oversight. The Planning Commission and the Municipal Council must approve any amendment to the Local Street Plan. Staff Recommendation: 1. Recommend Approval of the proposed Street Vacation, with modifications as recommended by Staff. This action would be consistent with the

2 Planning Commission Staff Report Item 3* December 11, 2013 Page 2 recommendation of the Staff Report. Any additional changes should be stated with the motion. Motion: I recommend that the Municipal Council approve the street vacation of North 250 West from 800 North to approximately the mid-point of the Provo City Energy Complex. OVERVIEW In May 2013, a subdivision plat of the Energy Complex was processed in order to combine the existing lots and create several new lots for the buildings that are not currently being used by Provo City. During this process, it was determined that this section of North 250 West had not been vacated when the Energy building and surrounding buildings were constructed. Although the platting process removed the boundary lines of the road, vacation of the street and amending of the Local Street Plan must be approved by the Planning Commission and Municipal Council. GENERAL PLAN POLICIES There are no General Plan Policies related to the proposed street vacation. FINDINGS OF FACT 1. A portion of North 250 West has remained on the master street plan and must be vacated. (See Attachments 1 and 2) 2. The area that encompasses the Energy Complex was originally under a metesand-bounds description, except for a small portion which was included in the North Park Subdivision, Lots (See Attachment 3 and 4) 3. The Energy Complex was built in (See Attachment 5) 4. A subdivision plat was reviewed and approved in May It shows the majority of the property as one lot with several smaller lots. (See Attachment 6) 5. A portion of North 250 West was absorbed by the subdivision plat and no one will be affected by the vacation. However, the process of vacating the portion of the

3 Planning Commission Staff Report Item 3* December 11, 2013 Page 3 street will not be complete until the Planning Commission and the Municipal Council approve it as per Section of the Provo City Code. 6. The proposed vacation has been reviewed by the Coordinators Review Committee. Final comments are being addressed. (See Attachment 7) CONCLUSIONS It appears that the vacation of North 250 West was overlooked when the Energy Complex was built. In May of 2013, this oversight was discovered when Provo City platted the Energy Complex. The approval of the Planning Commission and the Municipal Council are required, as per Section of the Provo City Code, for amending the Local Street Plan. STAFF RECOMMENDATION Staff recommends the Planning Commission recommend approval of the street vacation of North 250 West from 800 North to approximately the mid-point of the Provo City Energy Complex. RECOMMENDED CONDITIONS OF APPROVAL 1. That all remaining comments from the Coordinators Review Committee be resolved prior to final approval. ATTACHMENTS West Exhibit West Vacation Description 3. Metes and Bounds Image 4. North Park Subdivision 5. Building Permit #C Provo Energy Plat A 7. CRC Comments

4 Planning Commission Staff Report December 11, 2013 Item 3* Attachment 1

5 A.L.M. & Associates, Inc. Engineering Planning Surveying Development 2230 North University Parkway, Bldg. 6-D Provo, UT (801) fax (801) November 14, 2013 Project: Project Number: Provo Engery Plat A Provo Engery Plat A West Vacation Description: Commencing at a point located South 89 17'04" West along the section line feet and South feet and South 89 30'58" East feet from the Northeast Corner of Section 1, Township 7 South, Range 2 East, Salt Lake Base and Meridian; thence North 89 21'41" East feet; thence South 00 29'02" West feet; thence South 89 21'02" West feet; thence North 00 29'02" East feet; thence along an arc of a foot radius curve to the left feet (chord bears North 44 30'58" West feet) to the point of beginning Area= 6, sq.ft. / 0.14 acres The basis of bearing is South 89 17'04" West along the section line from the Northeast Corner to the North Quarter Corner of Section 1, Township 7 South, Range 2 East, Salt Lake Base and Meridian. S:\SDSKPROJ\ \ProjInfo\Description\250 West Vacation Description.odt

6 Revised Power Plant (PP) Hut Easement located on Provo Energy Plat A, Lot 2: Commencing at a point located South 89 17'04" West along the section line feet and South feet and South 89 17'45" East feet and South 00 28'50" West feet from the Northeast Corner of Section 1, Township 7 South, Range 2 East, Salt Lake Base and Meridian; thence South 89 58'33"East feet; thence South 00 02'51" East feet; thence North 89 58'33" West feet; thence North 00 35'52" East 6.24 feet; thence North 89 32'13" East feet; thence North 00 28'50" East feet to the point of beginning. Area= sq.ft. / acres The basis of bearing is South 89 17'04" West along the section line from the Northeast Corner to the North Quarter Corner of Section 1, Township 7 South, Range 2 East, Salt Lake Base and Meridian. S:\SDSKPROJ\ \ProjInfo\Description\250 West Vacation Description.odt

11 Provo City Coordinators Review Committe Project Analysis Provo City Coordinator Application Review Opened: 10/30/2013 Report Date: 11/13/2013 Project Name: Vacation of portion of N 250 W Address: Approx. 251 W. 800 N. Casefile: SV Application Type: Street Vacation Submission Deadline: In order to have a submission placed on the next available review agenda, all documents must be submitted to the Planning Coordinator by 5pm on Monday.. Coordinator Summary* Energy: Final Approval Engineering: Changes Required Fire: Final Approval Parks: Final Approval Planning: Final Approval Sanitation: Final Approval Storm Water: Final Approval Water: Final Approval Bldg Insp: Final Approval Plan Status**: *If no status is shown, please contact the applicable coordinator to discuss the project. **Indicates overall review status of the application. Overall Review Status of Application: ADDITIONAL INFORMATION OR CHANGES REQUIRED - A review of the application has identified significant issues and concerns. Deficiencies may be resolved by modifying the project or providing additional documentation. Please read the comments below for information regarding the changes required. Applicaton Expiration: This application will expire on October 30, For exceptions to this rule see Section Provo City Code. Project Review Building Inspection: Skip Tandy / Commercial Plan Examiner standy@provo.utah.gov Phone: 11/21/2013 Page 1 of 3

12 /6/ Skip Tandy: > I have no concerns at this time. Energy: Randy Barney / Utility Planner Supervisor rbarney@provo.utah.gov Phone: Fire Department: Lynn Schofield / Fire Marshal lschofield@provo.utah.gov Phone: /4/ Lynn Schofield: No concerns at this time. 11/4/ Lynn Schofield: > Parks & Recreation: Doug Robins / Assitant Director of Parks drobins@provo.utah.gov Phone: Planning: Carrie Walls / Planner cwalls@provo.utah.gov Phone: /12/ Carrie Walls: Staff will address any issues through the street vacation process. 1. The engineer will need to provide a legal description of the property. Engineering: Britney Ward / Engineer II bward@provo.utah.gov Phone: Changes Required: 11/5/ Britney Ward: > Is there going to be a description of the portion of 250 W vacation? The street has already been vacated 11/21/2013 Page 2 of 3

13 as part of the Provo Energy Plat A subdivision. Sanitation: Britney Ward / Engineer II bward@provo.utah.gov Phone: /14/ Britney Ward: No concerns at this time. 11/14/ Britney Ward: > Storm Water: Britney Ward / Engineer II bward@provo.utah.gov Phone: /14/ Britney Ward: No concerns at this time. 11/14/ Britney Ward: > Water Resources: Britney Ward / Engineer II bward@provo.utah.gov Phone: /14/ Britney Ward: No concerns at this time. 11/14/ Britney Ward: > End of Review 11/21/2013 Page 3 of 3

M E M O R A N D U M. Tom Elgin, Community Development Manager

M E M O R A N D U M. Tom Elgin, Community Development Manager M E M O R A N D U M Meeting Date: December 7, 2010 Item No. H-11 To: From: Subject: Dan O Leary, City Manager Tom Elgin, Community Development Manager Consider a resolution approving a variance to the