Box Elder council approves right-of-way vacation and advances rezoning for Reagan Avenue area after resident safety concerns

The Box Elder City Council on Aug. 5 approved motions tied to vacating a portion of Magriff Way south of Reagan Avenue and moved forward with rezoning and plat approvals for the adjacent Red Baron/Red Branch subdivision after hearing extended public comment about traffic and child-safety risks.

Planning staff opened the public hearing and summarized the request: the applicant seeks vacation of a public right-of-way that will be replaced by a private access arrangement recorded with a maintenance agreement and dedicated utility and access easements. Staff told the council the request was evaluated under the municipal code criteria for right-of-way vacations, including whether the city would reduce maintenance or liability obligations, whether the vacated land would become landlocked, and whether public access and services would be preserved.

Several residents said they bought homes in the area expecting residential neighbors, not commercial service uses. "I'm just concerned that they're planning on moving the entrance for this facility right here," said Samantha Keaton, who gave her address as 237 Dorchester Avenue and urged council to consider risks from semitrucks and increased traffic. Resident Melissa (last name not provided) said the neighborhood already experiences traffic problems and worried for children who "ride their bikes down this hill" and play near the streets.

Developer Dane Boomsma responded that the private access road between the reconfigured lots will serve those lots but that the first lot planned will have approaches off Reagan Avenue. He described plans for a future second egress to Liberty Boulevard and said a DOT-approved signal at Reagan and Liberty is in design. Boomsma also said the proposed travel center would be smaller than a fleet truck stop (he estimated the site at roughly 5.5–5.7 acres with about 8–10 truck parking stalls) and pledged to "do my best" to install a landscape buffer and to move mature trees where needed.

Council members pressed staff and the developer on mitigations. Planning staff and the applicant told council that a recorded maintenance agreement and the required private access and utility easements would be part of the final plat and that development engineering plan approval or surety bond acceptance will be required before building permits are issued. Council members noted the developer's landscaping commitment and the planned second access as mitigating factors but also voiced continuing safety concerns.

The council closed the public hearing and later approved the related preliminary and final plat and a resolution authorizing the right-of-way vacation (resolution 25-32) as presented; votes were recorded by roll call. The approval includes conditions that development engineering plan completion or surety bond acceptance be secured by the city engineer's office before building permits are issued.

The council did not adopt landscaping or operational conditions beyond those tied to the recorded plat and required engineering approvals; staff noted the plat will record a private access and utility easement and the maintenance agreement will be recorded with the register of deeds. The council also noted the DOT-approved signal site's design is expected to proceed as part of future submissions.

The matter is subject to final plat recording and the developer's subsequent engineering submissions; the council's approvals do not guarantee the specific tenant or the final site layout, which will be subject to later permits and engineering acceptance.