HomeMy Public PortalAboutORD-CC-2016-04ORDINANCE #2016-04
AN ORDINANCE AMENDING THE ZONING ON SPLIT ZONED PROPERTY LOCATED AT
939 WEST 400 NORTH FROM I-1, INDUSTRIAL TO R4, AND AMENDING THE CITY OF
MOAB OFFICIAL ZONE MAP
WHEREAS, SPAH Family, Ltd. (Applicant) with offices located at 1460 Overlook Road, Moab, Utah
84532, submitted an application for an amendment to the Official Zoning Map for the City of Moab, Utah;
WHEREAS, the .17-acre (7,405 square feet) property is zoned 1-1, Industrial and R-4, Manufactured
Housing Residential; and
WHEREAS, Applicant is requesting that the zoning for the entire property be changed to R-4,
Manufactured Housing Residential Zone; and
WHEREAS, Currently, the property is undeveloped and the Applicant desires to construct one or two
dwellings for long term rental as allowed in the R-4 Use Requirements, in Moab Municipal Code (MMC) Section
17.51.020; and
WHEREAS, Applicant is aware that short term rentals are not an allowed use in the R-4 Zoning district;
and
WHEREAS, Applicant provided the Planning Commission (Commission) with an application and the
appropriate documents as required in MMC Section 17.04; and
WHEREAS, the Commission reviewed the character and objectives of the I-1 and R-4 zones, and the
allowed uses in each zone and determined that the amendment to the zoning map is in line with the development
trends of the area; and
WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on April
26, 2016, to review the proposed zone change and through adoption of Planning Resolution #07-2016 favorably
referred the application to City Council with a 4 -0 vote; and
WHEREAS, the Moab City Council (Council) reviewed the application in a public meeting held on May
01, 2016 to hear testimony and consider the recommendation of the Planning Commission and City Staff; and
WHEREAS, having evaluated the evidence from the public, the Commission concluded that the change in
the zoning for this property was an acceptable amendment to the Official Zoning Map; and
WHEREAS, the Council agreed with the Planning Commission found that the applicant satisfactorily met
the elements of Code section 17.04.050, Map amendment policy declaration, in (B) that the area around the property
has been changing and becoming more residential and (C) that the application is consistent with the policies and
goals of the General Plan.
WHEREAS, the Council determined that the review standards in Moab Municipal Code chapter 17.04.060, Map
amendment approval criteria, have been met as follows:
B. The change in zoning is compatible with the changing character of the area,
D. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from
the existing development can be or have been mitigated,
F. Adequate facilities are available to serve the type and scope of the development suggested by the
proposed zoning classification,
G. The application conforms to provisions of the Moab General Plan and Title 17.00, Zoning; and
WHEREAS, the requested zone change is supported by the General Plan to:
A. Meet the housing element of the General Plan in terms of quality, and quantity and the goal of meeting "the
needs of current residents",
B. "...encourage a mixed variety of housing types..."
C. "Maintain the integrity of residential areas with compatible types of housing and development."
D. "Support the development of affordable, small-scale residential housing which fits the character of the City
and is interspersed with market -rate units."
E. Encourage in -fill development..."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOAB, UTAH having considered public
comment, Staff recommendations, and discussion of the pertinent aspects of the allowed development, by adoption
of Ordinance #2016-04, does hereby find, determine, and declare, that the applicable provisions of the Moab
Municipal Code and the intent of the Moab General Plan can or have been met.
NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of
this Ordinance, the rezoning request for the split zoned lot at 939 West 400 North, as submitted by the
SPAH Family, Ltd., is hereby approved so the applicant can construct a dwelling or dwellings that will
serve as long term rentals or will be for sale;
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 of'? day
of �, � , 2016.
i f oab
Mayor David L. Sakrison
(j'70tx-etLe
Rachel Stenta
City Recorder
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