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Two subdivisions found in default for failure to comply with city requirements

Posted by Moab Premier Properties on March 7, 2010
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The Moab City Council last week voted unanimously to find two subdivisions in default, after the developers either failed to meet all the conditions of their subdivision agreements or violated some part of the agreement

The Hacienda subdivision was to include twin homes on 5.87 acres near Mill Creek Drive. The city council approved a conditional use permit in 2007, and council members voted unanimously to approve the developer’s – Desert Oaks L.L.C. – first phase on the project in 2008.

The subdivision agreement required certain improvements, including clearing and removal of obstructions, improvement to utilities, streets, curb and gutter, storm drainage facilities, and landscaping, fencing, and other visual screening, be made to the property to facilitate the construction of phase one.

But so far, only one twin home has been constructed, and curb and gutter improvements installed, Moab City Planning Department director Jeff Reinhart said. Failure to complete the required improvements within two years, and an issue concerning the removal of an original dwelling that still stands on a vital right-of-way located on the property, have now landed Desert Oaks in a default. Desert Oaks representatives waived their right to a 30-day grace period to complete the improvements.

The decision to find the development in default is the first step in allowing the city to seek remedies, Reinhart said. The city will maintain the escrow for the property at 150 percent of the project budget to complete the required improvements.

Local resident Paige Holland expressed concern over whether the improvements will be completed. Holland’s property is adjacent to the Hacienda subdivision and a six-foot divider wall was to be constructed between the phase 1 boundary and Holland’s land. However, Holland said she is concerned that only the portion containing the twin home will be walled off.

“There are a lot of issues that need to be addressed,” she said. “I think it’s too soon to vacate the plat. We were opposed to the agreement, but we hope the council responds to this seriously and takes all parties into consideration.”

Moab City Manager Donna Metzler said that the city will make the required improvements when the time comes.

Portal Park, LLC, the developer for the Portal Park subdivision, was also found in default for failure to comply with improvements required in their agreement. The Portal Park development was approved in 2002 and amended in 2004. Developers planned to build 45 single-family homes, including open areas connected by a trail system.

Reinhart told the council that the planning commission ran into difficulty when attempting to reach an agreement with Portal Park, LLC concerning the required improvements and corrective efforts on behalf of the developer. The developer failed to meet a 30-day deadline to complete the required improvements or be found in default, Reinhart said. The default for Portal Park is the first step for the council to start the process of finding remedies for the land.

– Moab Times Independent