Planning Commission recommends city council approve amended resolution to match recorded Cottonwood Drive plat

The City of Box Elder Planning Commission voted unanimously to recommend that the City Council adopt amendments to Resolution 25-34 so the resolution’s legal description matches a plat already recorded with the Pennington County Register of Deeds.

Lori Patton, planning and zoning director, told the commission that when staff submitted the resolution and the plat together last month, the resolution’s Exhibit A still bore a “preliminary” stamp and was not accepted for recording. "There was an issue with the resolution. It had the Exhibit A had 'preliminary' in it and a preliminary stamp. So they won't accept that for recording," Patton said, adding staff obtained an updated Exhibit A to match what was recorded.

Patton said the only substantive change is to the two lots shown on the updated exhibit so the legal description aligns with the recorded plat. She said the county recorded the plat first; because of that sequence the resolution must be updated to reflect the recorded legal description before the resolution itself can be recorded.

A commissioner moved to recommend City Council approval of the amendments as presented; the motion was seconded and carried in a roll call vote with all members voting yes.

Because the action was a recommendation to city council, the commission’s vote does not by itself alter property rights; it forwarded the corrected resolution so county recording can proceed.