Petition for Right Of Way Vacation

Alterra filed a petition with the City to vacate portions of Deer Valley Drive West and South. The Right of Way (ROW) Vacation Exhibit shows the land to be vacated (114,530 SF - indicated in the cross hatch and yellow) and the land to be dedicated to the City (40,257 SF - indicated in pink which is Doe Pass Road).

Planning Commission and City Council Work Session Staff Report, March 15, 2022.

Per the December 1, 2022 Transportation Plan submitted by Alterra, Doe Pass Road will now either be a Right of Way dedication in which case ownership of the land would be transferred to the City or an easement in which case Alterra will retain ownership of the land and grant the City an easement. The future ownership of Doe Pass Road will be determined at subsequent Planning Commission meetings.

Right of Way Vacation Exhibit

Source: Alterra Circulation Exhibits, page 14, 7.28.2022

On December 14, 2023, the City Council voted in favor of Deer Valley’s ROW Vacation petition.

Two separate votes were taken.

  • An Ordinance Vacating A Portion of Deer Valley Drive was approved.

  • A Resolution Authorizing the Mayor to Execute a Non-Binding Letter of Intent Regarding a Public-Private Partnership with Deer Valley was approved.

As outlined in the City Council Staff Report: “If the Council adopts the Ordinance approving Deer Valley’s Petition, the ROW vacation is approved. However, the vacation is conditional and before the ROW property is transferred to Deer Valley, two things must first occur:

  1. The Planning Commission must complete their review and approve the Deer Valley Amended MPD, and Phase 1 CUP applications. This review will also include a subdivision plat application reflecting the new site boundaries including the vacated ROW under consideration.

  2. The City Council must approve final terms of a Proposed Public-Private Partnership Agreement (PPPA) regarding implementing a project plan using the $15 Million Dollars received in consideration for the ROW vacation.

Importantly, both matters must be finalized and approved prior to final transfer of the ROW back to Deer Valley.”