HomeMy Public PortalAboutORD-CC-2017-01ORDINANCE #2017-01
AN ORDINANCE AMENDING THE ZONING FROM C-3 AND R-3 TO C-5 ON PROPERTY
LOCATED AT 46 AND 76 NOB HILL AND AMENDING THE CITY OF MOAB OFFICIAL
ZONING MAP
WHEREAS, Four Corners Community Behavioral Health (Applicant), with offices located at
198 East Center Street, Moab, Utah 84532, acting as agent for Mr. David Lyle, 46 Nob Hill, Moab, Utah
84532, has applied to rezone property owned by Mr. Lyle and located at 46 and 76 Nob Hill, Moab, Utah,
and more particularly described as follows:
Parcel: 01-0001-0062
BEG 24 RDS N & 16.5 RDS W NE COR BLOCK 24 MOAB TOWNSITE IN SEC 1 T26S R21 E SLBM; TH N 9.5
RDS; E 75 FT; S 9.5 RDS: W 75 FTTO POB 0.27 AC"' ALSO IN SEC 1 T26S R21 E: BEG AT A POINT WHICH BEARS N
45' 14'W 452.4 FT FROM C/L MONUMENT AT INTERSECTION OF 200 N & 100 EST; TH W 8.7 FT; TH N 0' 17'E 56.1 FT:
TH S 89154'E 8.7 FT; TH S 0' 17'W 56.1 FT TO POB. 0.01 AC. ---ALSO BEN 552.72 FT & E 288.75 FT FROM THE NE COR
BLOCK 25 MOAB TOWNSITE (IN SEC 1 T26S R21 E) TH S 130.0 FT; W 10.0 FT; N 130.0 FT; E 10.0 FT TO BEG. 0.03 AC.
(TOTAL 0.31 AC.)
Parcel: 01-0001-0063
BEG N 13°56'S9"W 212.67 FT FROM CENTERLINE MONUMENT AT INTERSECTION OF 200 N & 100 EST; TH
N89°47'W 270.20 FT; NO°17'E 140.25 FT: E 75 FT: N 157.18 FT (REC 156.7 FT): E 234.78 FT: SO° 17'W 172.15 FT:
N89°47'W 38.80 FT: 50.17'W 126.50 FT TO POB. 1.73 AC M-O-L IN SEC 1 T26S R21 E<> LESS: BEG AT A POINT
WHICH BEARS N 07°58137"W 350.03 FT FROM THE CENTERLINE MONUMNET AT THE INTERSECTION OF 200 N
AND 100 E STREETS AND PROC THENCE S 89°47'E 36.8 FT: S 00° 17'W 13.75 FT: N 89°47'W 36.8 FT; N 00° 17'E 13.75
FT TO POB & CONT 506 SQ FT AC MORE OR LESS. « »>LESS: PARCEL OF LAND IN NEY. SEC 1 T265 R21 E SLM
DESCRIBED AS FOLLOWS: BEG AT A POINT WHICH BEARS N 07°58'37"W 350.03 FT FROM THE CENTERLINE
MONUMNET AT THE INTERSECTION OF 200 N AND 100 E STREETS AND PROC THENCE S 00° 17'W 13.75 FT; N
89°47'W 2.0 FT; N 00° 17'E 13.75; S 89°47'E 2.0 FT TO POB & CON 27.5 SQ FT MORE OR LESS. (TOTAL 1.72 AC)
WHEREAS, through no action of Mr. Lyle, the property is split zoned with the C-3 Central
Commercial Zone extending east into the parcel a distance of approximately fifteen feet, and the balance is
zoned R-3 Multi -family Residential; and
WHEREAS, Applicant wishes to amend the zoning of the 2.03-acre property from the C-3
Central Commercial and R-3, Multi -family Residential Zones, to C-5, Neighborhood Commercial Zone;
and
WHEREAS, Applicant is requesting a change in zoning for the property as a logical and justifiable
transition/buffer between the C-3 and the R-3 Zones; and
WHEREAS, the Planning Commission ("Commission") held a duly advertised public hearing on
December 8, 2016, to receive comment and determine the appropriateness of the proposed Map
Amendment; and
WHEREAS, the Commission reviewed the Use Regulations of the C-3, R-3 and C-5 zones and
discussed the suitability of the application of the C-5 Zone to the subject property as a transition zone to
the R-3 Zone in accordance with Code Section 17.04.060, Map amendment approval criteria, found that:
1. At least part of the existing zoning (C-3) for the property was adopted in error ad did not follow
property lines;
2. There have been changes in the character of some of the adjacent properties since the C-3 Zone
was applied to the affected property and there is a need for development transitions,
3. There is a need for the proposed zoning in the area to serve as a transition from the commercial
uses to the residential uses;
4. The proposed C-5 Zone is compatible with surrounding uses and any adverse impacts can be
mitigated,
5. Benefit is currently derived by the community from the provided services and these will be
consolidated into a single property if the proposed zoning is granted. The use is a much needed
and necessary function of county government and provides several benefits to the community,
6. Adequate facilities exist for the type and scope of development suggested by the proposed zoning
classification,
7. The application conforms to the provisions of the Moab General Plan by providing a
buffer/transition between commercial and residential uses, and
8. The application conforms to the provisions of the Moab Municipal Code for the proposed uses.
WHEREAS, the Commission in a 4-0 vote favorably recommends the zone change to the Moab
City Council ("Council");
WHEREAS, Council, in a public meeting held on January 23, 2017 agreed with the
Commission, and in a -Q vote found that the request complies with the criteria in Chapter 17.04 and
determined that the change in zoning was in agreement with the Moab Municipal Code and the General
Plan.
NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the
signing of this Ordinance, the rezoning request for 46 and 76 Nob Hill as submitted by Four Corners
Community Behavioral Health, is hereby approved and Council directs staff to amend the Official Zoning
Map for the City of Moab.
Passed and adopted by action of the Governing Body of the City of Moab in open session this 23' day of
January, 2017.
Mayor David L. Sakrison
A
Rachel Stenta
City Recorder ---