Planning commission recommends vacating 85-foot Deerfield Drive stub, retains utility easements

The Troy City Planning Commission voted to recommend that the City Council vacate a portion of Deerfield Drive — a roughly 60-foot-wide by 85-foot-long stub — abutting 3836 and 3874 Gatwick and the Town Haven Site Condominium, with the city retaining easements for public utilities.

The recommendation came after a staff presentation explaining that the right-of-way was platted in 1995, is stubbed and not proposed to be extended, and currently contains paved road and sidewalks that the developer must remove and restore as part of ongoing site work. Brent, planning department staff, told the commission the city will retain easements to access underground storm drainage lines should the vacation be approved by council.

Why it matters: vacating the stub transfers the city’s interest in the right-of-way back to the abutting property owners in the same plat, removes the city’s maintenance responsibility for the small strip of pavement and sidewalks, and preserves the city’s access to utilities through retained easements.

In his presentation, Brent described the process under the Land Division Act and said the planning commission’s role this evening was to make a recommendation to city council following a public hearing. He said the development recently underway removed asphalt and sidewalks and that the developer is responsible for required improvements. He noted staff review found no opposition and recommended the city retain utility easements.

Applicant John Stancroft, a co-applicant for the vacation, told the commission he and his neighbors “will never build on there, we we won't build on there, and we can't because there's a there's this, storm drain that goes right down the middle.” Stancroft said the builder has met neighborhood requests, repaired sprinkler systems and undertaken the grading work described by staff.

Commission discussion touched on maintenance burdens, the non-buildable nature of the strip because of easements and setback requirements, and property tax impacts. Brent told commissioners that because the land is a platted parcel rather than an acreage lot, vacating the right-of-way would not increase the owners’ property taxes.

A motion recommending approval of the street vacation with the condition that the city retain easements for utilities was moved (mover not specified in the record) and seconded by Commissioner Krent. The roll call vote recorded unanimous support from commissioners present; the commission’s recommendation will be forwarded to the City Council for a public hearing and final decision.

The commission’s action preserves the city’s access for future maintenance of underground storm infrastructure while transferring surface maintenance responsibilities to the abutting property owners if council approves the vacation.