HomeMy Public PortalAboutORD-CC-2016-03ORDINANCE #2016-03
AN ORDINANCE AMENDING THE ZONING FROM C-1 TO C-2 ON PROPERTY LOCATED AT
110 SOUTH 200 EAST AND AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP
WHEREAS, the City of Moab (City), a Utah municipal corporation with offices at 217 East Center Street,
Moab, Utah 84532, on behalf of Kim and David Boger ("Owners") of the Cali Cochitta Bed and Breakfast at 110
South 200 East, Moab, Utah, initiated an amendment of the Official Zoning Map for the property located at 110
South 200 East, Moab, Utah, or more particularly described as Lot 4, Block 8 of the Original Townsite;
WHEREAS, the .35-acre property was spot zoned as C-1, Commercial -residential, to create an isolated single
property to allow the use of the bed and breakfast; and
WHEREAS, the City desires to eliminate the C-1, Commercial -residential, spot zone of this property and
make it contiguous with the C-2, Commercial -residential, Zone; and
WHEREAS, currently, the property is developed with a bed and breakfast that is conditionally allowed in
the C-1, whereas, the C-2 Zone allows lodging businesses with less than 10 units as a use by right and the property
owner is not required to remain on the property; and
WHEREAS, the City has submitted to the Planning Commission ("the Commission") a request for a zone
change with the necessary documents and exhibits; and
WHEREAS, the Commission reviewed the character and objectives of the C-1 and C-2 zones, and the
allowed uses in each zone and determined that the amendment to the zoning map will continue to function as a buffer
between the commercial area and the R-3 Multi -family Residential Zone; and
WHEREAS, the Commission agrees with the City Council that there is value in removing this spot zone and
continuing the continuity of the C-2 Zone on the subject property and concluded that the change in the zoning for this
property was an acceptable amendment to the Official Zoning Map; and
WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on April 14,
2016, to review the proposed zone change and through adoption of Planning Resolution #05-2016 favorably referred
the application to City Council with a 3 -0 vote; and
WHEREAS, the Commission determined that the review standards in Moab Municipal Code chapter
17.04.060, Map amendment approval criteria, have been met as follows:
A. The existing zone for the property was adopted in error,
B. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the
existing development have been mitigated,
C. Adequate facilities are available to serve the type and scope of the development suggested by the proposed
zoning classification,
D. The residential uses to the east will be buffered from the commercial development by the width of 200 South
and the existing landscaping on the property, and
E. The City's initiated rezoning of the subject property conforms to provisions of the Moab General Plan and
Title 17.0 of the Moab Municipal Code.
WHEREAS, the Commission found that the City, as applicant, satisfactorily met two of the three elements
of Code section 17.04.050, Map amendment policy declaration, in that the property was zoned in error and that
elimination of this selective zoning is consistent with the policies and goals of the General Plan and favorably referred
the application to the City Council; and
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WHEREAS, the Moab City Council (Council) reviewed the request in public meetings held on April 28,
2016 and May 10, 2016 and agreed with the Planning Commission that the rezone of the property was in the best
interests of the city; and
WHEREAS, the Council finds:
1. The use of a bed and breakfast on the subject property has been in operation for nearly two decades;
2. The C-2 Zone will serve as a buffer to replace the current C-1 Zone;
3. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the
existing development have been mitigated,
4. Adequate facilities are available to serve the type and scope of the development suggested by the proposed
zoning classification,
5. The residential uses to the east will be buffered from the commercial development by the width of 200 South
and the existing landscaping on the property, and
6. The use is consistent with the existing conditions on and around the area in question including the changing
nature of the area, land uses, densities, and the height and scale of the existing structures.
WHEREAS, Council has determined that the Zoning Map amendment can meet two of the three elements of
Code section 17.04.050, Map amendment policy declaration, in that: A. The property was zoned in error and that
elimination of this selective zoning is consistent with the policies and goals of the General Plan as desired by the
Council, and C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated
at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and
goals of the plan. Special consideration shall be given to existing conditions on and around the area in question,
including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed
structures.
NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this
Ordinance, the rezoning for 110 South 200 East is hereby approved and Council directs staff to appropriately 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 10`h day of May,
2016.
Mayor David L. Sakrison
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Rachel Stenta
City Recorder
Ordinance #2016-03
Cali Cochitta
Rezone
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