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HomeMy Public PortalAboutRES-CC-2014-31RESOLUTION #31-2014 A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR PROPERTY LOCATED IN THE C-4, GENERAL COMMERCIAL ZONE AT 1133 MILLCREEK DRIVE AND OWNED BY AL HEATON WHEREAS, Al and Toni Heaton at 1078 S. Murphy land, Moab, Utah 84532, are the "Owners" of 1133 Mil!creek Drive, Moab, and Utah have applied for a Boundary Line Adjustment of said described property; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed Boundary Line Adjustment; and WHEREAS, the Owners desire to create two lots consisting of 1.50 acres and 2.37 acres; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on July 8, 2014, 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, the application does not include a request to vacate or amend a public street, right-of-way, or easement; and WHEREAS, the proposed amended lot sizes exceed the minimum lot size requirement for the C-4, General Commercial Zone; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, 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 boundary line adjustment for Parcels 1 and 2 of the Al and Toni Heaton properties is hereby approved without conditions. PASSED AND ADOPTED by action of the Moab City Council in open session this ' 8th day of July , 2014. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Resolution #31-2014 Page 1 of 1 Pee - S 100.00 plus $25.00 per amended lot or unit. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Applicant.�6 1 �`� �� Phone: �-�� 7 �/7 Mailing Address: S©, %\l-)-76*A 1-AN Size of Properties: (.4 NC. , Location of Affected Properties: j ) 6?) 1M I 'Q , A short narrative describing the reason for the amendment is required and is part of a 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: 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; 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. PETITION TO VACATE, ALTER OR AMEND A SUBDMSION PLAT OWNERS: //dIlL �lP oAlcmc)L,L- State of WA -di -- County of /0461- 0/93C21 ate On the 2 S day of ,\QOA-C- ZO N , personally appeared before me "A Or“ Q- My Commission Expires: 5 i2,0 1jk 0 + NERS: State of County of On the day of page 2 11-(03-6)-\ (name of owner(s)) , who duly acknowledged to me that they executed the same. Notary Public Residing in AmoLio,� 1,ue, MDAWN OHM 100Y oir �6fte Stateof UN*Ca Millik n May 20, 20 8�Ix:Comm. Number: 6T62$! , ate , per • nally appeared before me (name of owner(s)) , who dul acknowledged me that they executed the same. My Commission Expir Notary Public Residing in PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: -7 - e (Li MAYOR Dave Sakrison Date ATTEST: ECORDER Ccae) 7-e-ty Rachel Stenta Date PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 A1T.F..: Go LC) 1,0 W LI d4 C.� Nru 2 , R -E 1e.m%\,.) OQ 14T2 Jigs i-10 i �l\WT r-PpssC- k/10v Q.)(43, 7th-1- qo' M IT RT i o 11•1 Mb `j'H � bo‘?3L-1 PtC, QF' �`� 12 Fo'a, b I c7 ‘..,Irt\4-1414\-k% oF 9 -31.14-14r\ p:\planning department\farms\misc. applications\petition to amend a subdivision platdoc