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Home My Public Portal AboutORD-CC-2007-21ORDINANCE # 2007-21 AN ORDINANCE APPROVING AN AMENDMENT TO THE MOAB ZONING MAP THROUGH THE ADDITION OF THE MULBERRY GROVE RESIDENTIAL PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT WHEREAS, Mulberry Lane Community, LLC a Utah limited liability company, whose legal address is c/o Michelle L. Stenta, 472 Tusher Street, Moab, Utah 84532, is the owner of record (hereinafter, "the Owner") of a tract of land comprised of approximately 20 acres, and has submitted the following property description, which the City neither accepts or denies as the true description of the following described property, located in the City of Moab, County of Grand, State of Utah (hereinafter "Property") and described as follows: Parcel 1: A parcel of land within the NW % Section 7, T 26 S, R 22 E, SLBM, Moab City, Grand County, Utah more particularly described as follows: Beginning at a point which bears S. 3'00' E. 93.0 feet from the NW corner of the NEN NW% Section 7, T 26 S, R22 E, SLBM, and proceeding thence S. 75° 14' E. 396.5 feet (Record =S. 75°26' E. approximately 390 feet) to the NW corner of the Gough property, thence with the West line of Gough S. 24 19' E. (Record=S. 24° 30'E.) 453.5 feet to a corner, thence N. 65°41 "E. (Record+N.65°30'E.) 5.0 feet to a corner, thence S. 12°19'E.(Record=S. 12°30'E.) 110.0 feet to a corner, thence S. 51 °11'W. (Record=S. 51 °00' W.) 43.0 feet, thence S. 0°11'W. (Record=South) 191.0 feet to a corner, thence S. 81 °43' W. 5771.6 feet to the West line of the E1/2° NW '/a Section 7, thence with said line N. 0°07' E. 741.6 feet to a corner, thence N 1' 44' E. 179.4 feet to the point of beginning. Less the following; a parcel of land within the nw1/4 Section 7, T26 S, R 22 E SLBM, Moab City, Grand County, Utah, more particularly described as follows: Parcel 2: Beginning at the NW corner or Lot 13 of HECLA SUBDIVISION, said corner bears S 72° 07' E 1986.8 ft. from the NW corner of Section&, T 26 S, R 22 E, SLM, and proceeding thence to the west line of said Lot 13 S 12°19' E (Record=S12°30' E) 110.0 ft. to the SW corner of said Lot 12 of HECLA SUBDIVISION S 5i `11' W (Record=S 51 °00' W) 43.0 ft. to the NW corner of said Lot 12 thence N 0°09' E 125.6 ft. to an angle post in a chain link fence, thence N 37°29' E 8.5 ft. to a nail in concrete, thence N 65°41 ' E (Record=N65e30'E) 5.0 ft. to the point of beginning. Together with all water, water rights, ditches, and ditch rights appurtenant to or used in connection with the above described property, including without limitation Water Right NO. 05-2957, in the amount of 0.17 c.f.s. or 47.685 acre feet for irrigation of 9.537 acres, with a source of Mill Creek Tract A, Mulberry Lane Subdivision Amended, according to the official plat thereof. Easement Estate:Together with a right-of-way over and across the following: Beginning at the NW Corner of Section 7, T26S, R22E, SLBM, thence South 161/2 feet; thence East 685 feet; thence South 61 deg. 40' E. 100 feet; thence West 768.8 feet to point of beginning. WHEREAS, it has been determined that the described property lies within the Flood Control Zone (FC-1) and Residential Agricultural (RA-1) Zoning Districts and that a Planned Unit Development (PUD) is the proper action to allow this type of 42—unit residential subdivision to be developed on said property; and, WHEREAS, the Owner submitted to the Planning Commission (the "Commission") a Development Plan and Preliminary Plat for the subdivision of a 19.8-acre tract of land located between Kachina Way and LaSal Road, as described above; and, Ordinance #2007-21 Page 1 of 2 CITY OF MOAB Ordinance No. 2007-21 2 WHEREAS, the Commission held a duly advertised public hearing on the preliminary plat on January 11, 2007 to review said plan and hear public testimony regarding the subdivision and through adoption of Planning Resolution 2007-01, recommends that Council approve the Final Plat subject to certain conditions ; and, WHEREAS, the Moab City Council ("Council'), in a regularly scheduled public meeting held on December 11, 2007, reviewed the proposed Planned Unit Development as well as the recommendations from the Planning Commission and City Staff; and, WHEREAS, Council, after due deliberation, determined that the request for a zoning map change by the addition of said residential Planned Unit Development with designated easements, lot lines and rights -of -way as shown on the final plat is an appropriate use for the described property; and WHEREAS, subsequent to the consideration of Staff recommendations and having reviewed the technical aspects of the development plan, Council does hereby find, determine, and declare, that all applicable provisions of the Moab Municipal Code have or can be met. WHEREAS, Council finds that this tract of property is appropriate for the development of the Mulberry Grove Residential Planned Unit Development and that: a. The proposal is consistent with the spirit and intent of the General Plan. b. This type of proposal cannot be developed under conventional zoning for the RA- 1 and FC-1 zones; c. Adverse impacts on adjacent properties have been adequately addressed by the applicant; d. The proposal is consistent with the character of existing land uses in the surrounding area; and does not adversely affect the future development of the surrounding area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH: THAT, the Official City of Moab Zoning Map, as adopted, is hereby amended to show the Mulberry Grove Planned Unit Development District, a single-family residential use located on property in the FC-1 and RA-1 zoning districts. PISSED AND ADOPTED by action of the Moab City Council in open session this 11 `h day of December, 2007. ATTEST: -cuLau, Rachel Ellison Moab City Recorder Dave Sakrison Mayor CITY OF MOAB ORDINANCE #2007-21 AN ORDINANCE APPROVING AN AMENDMENT TO THE MOAB ZON- ING MAP THROUGH THE.ADDITION OF • THE MULBERRY GROVE RESIDEN- TIAL PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Ordinance #2007- 21 was adopted at a Regular Gity Council Meeting held on De- cember 11, 2007 at the Moab City Coun- cil Chambers, 217 East Censer Street. Moab, Utah 84532. A complete copy of. Ordinance #2007-21 is available online at: www.moalAty.org or at the City of Moab Re- corder's -Office at 217 East Center Street. Moab, Utah 84532. /s/ Rachel Ellison, City Recorder Published in The Times -Independent, Moab, Utah December 20, 2007. Proof of Publication STATE OF UTAH, SS. County of Grand, Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weeldy newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance #2007-21 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made December 20, 2007 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the newspa- per proper and not in a supplement thereof. u isher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUBLIC SADIE WARNER 4481 Easy Street Moab, Utah 84532 My Commission Expires November 18, 2009 STATE OF UTAH