HomeMy Public PortalAboutORD-CC-2017-02CITY OF MOAB ORDINANCE NO.2017-02
AN ORDINANCE ENACTING A TEMPORARY MORATORIUM ON NEW COMMERCIAL
SITE PLAN APPLICATIONS PENDING THE REVISION OF CITY ORDINANCES.
The following findings describe the reasons for this ordinance and explain its purpose:
a. The City of Moab has enacted a site plan review process for the review of commercial
and multifamily development which is otherwise compliant with uses contemplated by a
particular zoning district. The site plan ordinance is found at M.M.C. § 17.09.660.
b. Applicants and staff have identified inconsistent or outdated provisions in existing City
ordinances which create confusion or ambiguity in the commercial development process.
c. There is a strong commitment to improve the land use review process so as to provide:
i) consistency and predictability for developers; ii) fewer delays in application review and
approval; and iii) better development outcomes for the community and affected parties.
d. The City has experienced a surge in new development applications, particularly for
lodging businesses, and it is necessary to revise existing ordinances to improve the quality of
these new development proposals.
e. The City is currently working to enact engineering submittal standards to establish
uniformity for engineering design as to stormwater management, streets, sidewalks, and public
utilities. Those design standards are not yet final.
f. Utah Code Annotated § 10-9a-504 authorizes local governments to enact temporary land
use regulations, of a duration not to exceed six months.
g. The City of Moab finds that there is a compelling countervailing public interest that
requires enactment of a moratorium so that site plan ordinances can be updated and improved
prior to approval of new applications.
Now therefore, the City of Moab enacts the following:
1. Moratorium Enacted; Staff Directed to Revise Ordinances. The City enacts a
moratorium on the planning review of commercial development and multi -family residential
development site plan applications for a period of not to exceed one hundred eighty (180) days
from the date of enactment of this ordinance. City staff are directed to proceed as quickly as
possible to prepare revised site plan and related ordinances, and submit same for review by the
public and the City Council.
2. Definitions.
a. The term "commercial development" means the new construction of office, retail,
wholesale, warehouse, manufacturing, restaurant, overnight lodging (including hotel, motel, or
similar uses), recreation facilities, or the like, or the expansion of existing commercial uses
involving the addition of ten thousand (10,000) square feet or more of heated interior space.
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b. The term "multi -family residential development" means new construction of a
building or buildings containing ten (10) or more dwelling units situated on a single parcel of
land.
3. Interpretation. This ordinance shall supersede and take precedence over any conflicting
ordinances or policies of the City of Moab.
4. Effective Date. This ordinance shall take effect immediately upon passage, as set forth
by the date of signature, below.
5. Severability. If any provision of this ordinance shall be found to be invalid by any court
with jurisdiction, the provision shall be severed and the remainder of the ordinance shall be
enforced without the severed provision.
roved and adapted this 23rd day of January, 2017.
By:
Mayor David Sakrison
Attest:
Byaad SI&A-ZL I' ;75-17
Rachel Stenta, Recorder Date
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