D.R. Horton is requesting that the Planning Commission forward to the City Council a recommendation approving their vacation of a roadway/right-of-way easement for property formerly known as 12466 Marystown Road.

Staff recommends that the Planning Commission forward a recommendation of approval, conditioned on the applicant providing easements with their Windermere Final Plat as required by City Engineering & SPUC.  

D.R. Horton own property formerly known as 12466 Marystown Road (see attached legal description and drawings), which is presently included in the proposed Windermere Plat application. The roadway easement pertained to a driveway and utilities that led to a residential structure. That structure no longer exists; therefore, that easement is no longer necessary.

They are presently in to Preliminary Plat property that includes this easement, which requires a vacation of that existing easement. Should this vacation be approved, they will provide new public easements with their Windermere Final Plat, consistent with City and SPUC recommendations.

City departments, Scott County and other outside agencies were given the opportunity to review and provide comments regarding this application. Planning staff have received comments that new easements will be required, consistent with conditions referenced in memos from City Engineering and SPUC. Those conditions will be incorporated into a Resolution for the City Council’s consideration, along with being incorporated into the Windermere First Addition Preliminary Plat Resolution.

A public hearing has been set for Tuesday, March 21, 2017 with the City Council. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for consideration.