HomeMy Public PortalAboutRES-CC-2007-29RESOLUTION NO. 29-2007
A RESOLUTION CONDITIONALLY APPROVING THE FINAL SUBDIVISION PLAT OF THE
MULBERRY GROVE RESIDENTIAL PLANNED UNIT DEVELOPMENT
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 M 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 NEM 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 % 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 51 °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,
Resolution #29-2007 Page 1 of 3
CITY OF MOAB
Council Resolution 29-2007 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, recommended 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 proposal and recommendations from the Planning
Commission and Staff; 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 pertaining to the subdivision
and development of properties within the boundary of the City of Moab 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 subdivision for the development of the Mulberry Grove Residential Planned Unit
Development is hereby approved with specific conditions:
1. Kachina Way shall be constructed according to City subdivision design standards with a 30' road
width from curb -to -curb and 5' sidewalks on each side.
2. Water and sewer service providers are yet to be determined but shall be provided by the City of
Moab and/or Grand Water and Sewer Service Agency.
3. Water and sewer services shall be extended prior to construction of streets or overlying trails.
4. Specifications for the pathway/trail access must be submitted to Public Works Director for review
and approval.
5. All easement agreements shall contain a clause stipulating that development and/or uses within
said easements shall be in compliance with the underlying zone.
6. Engineered drawings must be approved by the Public Works Director prior to approval of the
Subdivision Improvements Agreement.
7. The development is subject to a Subdivision Improvements Agreement that must be approved by
City Council as a part of the final plat.
8. A conservation easement for open space shall be presented to the City Council for review and
approved by both parties along with recordation of the plat.
AND THAT, Council will grant relief to Moab Municipal Code Section 16.24.020(G) for the
substitution of a trail for a paved street to access the lots; and,
Resolution #29-2007 Page 2 of 3
CITY OF MOAB
Council Resolution 29-2007
3
PASSED AND ADOPTED by action of the Moab City Council in open session this
11 th day of December, 2007.
ATTEST:
R5chel Ellison
Moab City Recorder
Resolution #29-2007 Page 3 of 3
Dave Sakrison
Mayor