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HomeMy Public PortalAboutRES-CC-2014-38CITY OF MOAB RESOLUTION #38-2014 A RESOLUTION APPROVING THE DEVELOPMENT AND PHASING AGREEMENT FOR THE "ENTRADA AT MOAB" MASTER PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 720 WEST 400 NORTH IN THE C-2 ZONING DISTRICT WHEREAS, Chad Clifford, "Applicant", as Snow Hound Moab, LLC has applied for a Master Planned Development to construct a 45- unit townhome development with a pool and clubhouse on a 4.6-acre piece of property located at approximately 720 North 400 West in the C-2 zoning district; and WHEREAS, the mixed residential/commercial use is allowed in the C-2 under an approved Master Planned Development application as provided in Code Chapter 17.65; and WHEREAS, the Applicant provided the City with the necessary documents, plans and drawings to complete the application for review of the preliminary plan of the proposed Entrada at Moab Master Planned Development ("Development") as required in Code Chapter 17.65; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing to hear testimony and determine compliance with the requirements of MMC Chapter 17.65, Master Planned Developments on March 13, 2014; and WHEREAS, the Commission, having considered Staff recommendations, and discussion of the pertinent aspects of the Development, adopted Planning Resolution #05-2014 recommending that Council conditionally approve the Master Planned Development; and WHEREAS, on April 8, 2014, the Moab City Council reviewed the Preliminary Plan and Plat for the "Entrada at Moab" Master Planned Development and conditionally approved the Preliminary Plan; and WHEREAS, the City Council reviewed a Development and Phasing Agreement for Entrada at Moab, Master Planned Development, on September 23, 2014 and found that said agreement satisfies the requirements in Moab Municipal Code Chapter 17.65.120. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #38-2014 hereby approves the submitted Development and Phasing Agreement for Entrada at Moab and that the Mayor is directed to affix his signature to the Agreement on behalf of the City Council. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September 23, 201 SIG David-t .' Sairris+9n, Mayor ST: Rachel. Stenta,_ Recorder Resolution #38-2014 ar OF MOAB r AGENDA SUMMARY MOAB CITY COUNCIL MEETING September 25, 2024 Agenda Item #: 7-1 P1-14-059 Title: Adoption of Council Resolution #38-2014 Approving the Development and Phasing Agreement for Entrada at Moab, Master Planned development Located on 400 North in the C-2, Commercial Residential Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Chad Clifford of Snow Hound Moab, LLC 1 Background/Summary: The attached development and phasing agreement is one more step in the approval of the forty-five townhome unit development, Entrada at Moab. The proposed Master Planned Development is located on a 4.6-acre parcel in the C-2 (Commercial Residential) Zone. The mixed uses of residential and commercial nightly rentals is allowed in the C-2 Zone under MMC Section 17.65.020 E. There will be seven phases with varying numbers of townhomes constructed and amenities will be built in Phase Four and include a pool, clubhouse, and much of the pedestrian amenities. The applicant has successfully completed the review stages of the Concept Plan (MMC 17.65.090) and the Preliminary Plan (MMC 17.65.100) and will soon be before Council with the final approval of Phases One, Two, and Three. MMC Section 17.65.120, Development agreements, states, "Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement." The attached draft, Development and Phasing Agreement (Entrada at Moab), contains the necessary elements required by the MMC. Section 17.65.120, states that the agreement shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; 1 i Page 2 of 3 D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Financial guarantees for all required improvements; I. Final covenants, conditions, and restrictions. The development agreement shall be ratified by the land use authority, signed by the city council and the applicant, and recorded with the county recorder. The development agreement also contains language which allows for minor, administrative modifications to occur to the approval without a formal revision of the agreement. It is required that the agreement be submitted to the city within six months of the date the project was approved by the land use authority, or the approval will expire. The agreement was submitted within the specified time period. Options: Council may: 1. Approve the agreement as written; 2. Approve the agreement with amendments; Staff Recommendation: Staff recommends that Resolution #38-2014 be adopted as written to approve the development and phasing agreement. Recommended Motion: I move to approve Resolution #38-2014 as submitted. Attachment(s): Copies of: Proposed Resolution #38-2014; Development Agreement with Attachments