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Home My Public Portal AboutRES-CC-2016-14RESOLUTION # 14-2016 A RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 1 AND 2, RIVERSANDS SUBDIVISION ON PROPERTY LOCATED IN THE R-3 ZONE WHEREAS, Lola McElhaney, with Lawrence and Teresa McElhaney Owners of Lots 1 and 2, Riversands Subdivision have applied for a lot line adjustment between the two lots; and WHEREAS, the properties are located in the R-3, Multi -family Residential Zone at 608 and 612 Riversands Road; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed lot line adjustment; and WHEREAS, Lot 1 will consist of .26 acres (11,243 square feet) with a street frontage of 104.8 linear feet and Lot 2 will consist of .17 acres (7,443 square feet) and have a street frontage of 68.40 linear feet; and WHEREAS, the proposed lot dimensions exceed the minimum lot area of 5,000 square feet and street frontage requirement of 50 linear feet for the R-3 Zone as established in Moab Municipal Code Chapter 17.48; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on May 10, 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10-9a- 608(2) that allows an amendment of a subdivision plat without a public hearing if: (a) the petition seeks to: i. join two or more of the petitioner fee owner's contiguous lots; ii. subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; iii. adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, the City Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL THAT, the application for the lot line adjustment for Lots 1 and 2 of the Riversands Subdivision located at 608 and 612 Riversands Road is hereby approved. ADOPTED AND APPROVED by action of the Moab City Council in open session this 10th day of May, 2016. ST: Rach�l:Stetata_ _ ; _ Dave Sakrison Moth City Recorder- Mayor Resolution #14-2016 Page 1 of 1 COYO 16 -14 .er oaf in* MOAB MOAB CITY COUNCIL MEETING May 10, 2016 PL-16-7D Agenda item #7-3 Title: Adoption of Council Resolution #14-2016 Approving an Amended Plat for a Boundary Line Adjustment for Lots 1 and 2 of the Riversands Subdivision (612 and 608 Riversands Road) Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Lola McElhaney Background/Summary: On April 20, 2016, the city received an application for an amended plat of Lots 1 and 2 of the Riversands Subdivision. The property was originally subdivided in 2000 and at the time, the minimum lot width was 75 feet. The lot line between the lots was angled to provide adequate lot width for Lot 2 in order to meet the existing requirements of the R-3 Zone (please refer to the existing lot configuration). Now the angled line is not necessary because the minimum lot width in the zone is 50 feet. This boundary line adjustment will realign the lots so Lot 1 will have 104.8 linear feet of frontage and 11,243 square feet of area, and Lot 2 will have a frontage of 68.40 linear feet and an area of 7,443 square feet. Both the frontage and the lot area for both lots meets the code requirements for lot dimensions in the R-3. A private access easement for a well owned by the applicant will also be abandoned through approval of the plat and the well will be fully located on Lot 1. The request complies with State Code Chapter 10-9a-608(2) and the statute allows a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: New Business - 7-3 Page 2 of 2 (A) owned by the petitioner; or (B) designated as a common area; and (vi) The plat is approved by the Moab City Council; (vii) An amended plat showing the vacation, alteration, or amendment is signed by the City Council and recorded in the office of the county recorder in which the land is located; and (viii) The document having satisfied all of the above conditions is to be recorded at the Grand County Recorder's Office at 125 East Center Street, Moab, Utah, within ninety (90) days of approval by the Moab City Council. This requested boundary line adjustment meets the applicable requirements listed in state law and the dimensional requirements for the lot size found in Moab Municipal Code section 17.48, R-3 Multi- family Residential Zone. Options: Council may: i. Approve the petition for the lot line adjustment as submitted; 2. Approve the petition for the lot line adjustment between the two lots with conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council. It satisfies the requirements of Utah State Code and the MMC. The application does not create additional lots and the lot configuration meets the dimensional requirements of 5,000 square feet in area and 50 feet in width, = _ Recommended Motion: I move to adopt resolution #-2016 and approve the Riversands Amended Plat. Attachment(s): Copies of: Existing Lot Configuration Proposed plat Aerial Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative Council Resolution #14-2016 New Business - 7-3 April 18, 2016 Lola McElhaney 270 South 200 East Moab, Utah 84532 435-259-6803 Larry and Teresa McElhaney 612 Riversands Road Moab, Utah 84532 435-260-2898 To: Moab City Planning Department 125 Fast Center Street Moab, Utah 84532 To whom it may concern, We arc requesting a lot line adjustment between two lots at 612 and 608 Riversands Road (Lot 1 and 2, River Sands Subdivision). Lot 1 is owned by Larry and Teresa McElhaney, Lot 2 is owned by Larry and Teresa McElhaney and Lola McElhaney When we originally subdivided the property in 2000, a minimum lot frontage of 75 feet was required. This created the need for an awkward corner from the Northwest point of the 75 foot frontage on Lot 2, angling back to the lot width of 68.4 feet on Lot 2. A well is situated at the Northwest corner of Lot 2 and we wanted it to remain with Lot 1, so we created a well easement at that corner in favor of Lot 1. The original subdivision in 2000 has a frontage of 98.2 feet on Lot 1 and a frontage of 75 feet on Lot 2. With the minimum frontage requirement now 50 feet, we would like to take the common boundary line straight out to the front lot line which would create a frontage on Lot 1 of 104.8 feet and a frontage on Lot 2 of 68.4 feet. With this adjustment, the well will be situated on Lot 1 and the current well easement will be vacated. This would also create a straight boundary line between the two lots and eliminate the awkward corner. Sincerely, Lola McElhaney Larry McElhaney Teresa McElhaney (notarized signatures attached) Original Plat and Amended Plat of property is included with request -'F,CEIVED APR 2 0 2016 New Business - 7-3 go-OUt Fee - $ 100.00 plus $$25.00 per amended lot or unit. Receipt No.1-.. _. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code IO-9a-608(2)(a) LhcLI1e4j Applicant: \tl t`r nCcL' `ct.' 1er65A .\/ i-E neI Phone: `135 - 2�...-`1-CaC0'a Mailing Address: G z IGC>> i\Acx E-mail: 1c>t0-0')ce1.1.nanegl`�.r.ha),<<iro Size of Properties: l-oi 1 I I) }'-LQ iT y LGii 2 t i 51.;0 .Sc6t,t. rye, )-t SI Location of Affected Properties: li7-c.?1yerc�,`)rS txka , Ll+a. • L,=:,-A 1 C11`)c1 Lc:* 121\ft r .rY1S Z._,AM )VIS1�r� A short narrative describing the reason for the amendment is required and is part ofa complete application. Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a !and use ordinance or a development condition; iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council, New Business - 7-3 PE i i [ ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Stenta Date New Business - 7-3 PETITII0N TO VACATE, ALTER OR AMEND A SUBDIVISION PEAT page 2 OWNERS: State of lKA7%-1-- ) County of On the S day of ft-Prk 231(, , personally appeared before me i..t�. W rk.n`�ray-w. (name of owner(s)) 1 42--1r12- In c_ j kat� , who duly acknowledged to me that they executed the same. My Commission Expires: i j OWN - ' 4(a- r� mcog lQ�z. 11-4-5 5/2,./1 O�tnn- [2.fuica-c Notary Public Residing in Mup-b.L,Ur.4N dJZ.L.QlA 7/1, C CMG y L Lk') — �- Date Date State of W-zo-, County of (Dro,r-.d ~1- —DAYdN RE--NAE .EDDY ei'-•". Notary Pubfic State of Utah •i . = My Commission Expires on: s May 20, 2018 Comm. Number: 676233 On the (S day of fl-pr;l Vol b , personally appeared before me Lot0, R.• mGElho�,.�, (name of owner(s)) Lo►wf"VAL. V. me E i60-.1sAi , who duly acknowledged to me that they executed the same. 1 erezo. 111c E1h04%,2,1 My Commission Expires: 5/2 0/i g Notary Public Residing in J_ tkt-o--1 DAWN RENAE EDDY Notary Public State of Utah My Commission Expires an: May 20, 2018 Comm. Number: 676283 New Business - 7=3 E-L nau!5ng miry JO 1111.d1AemInnISInenI ne5 Div 1,3C11-6JlaAwnn3 ae9:rx a„c 9:10 Ptir"t VINVI +rxral..11,10,rto 1.111111, +rltl.u.1C3 :morn nc..a+ni ,11010,1110 IT101.11I13Nn03mAnOJ ftm.ea.v.nm+. ili.. 319314..Nn0 Wm �031 ".per'. l=:..1��y�nn u•lavw'.w1w+.1x11o, hlnm lxlx+u r9urlLm `xrn .� awx,...ew rwamxnl�� on.li� m:«lsliaoicorr nuv 1..xn I471,1:11PiN7 +:P1 wa.a+lwx+aar...,1+r+enr.wr•..+r..w+.. 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