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HomeMy Public PortalAboutMIN-CC-2008-09-23MOAB CITY COUNCIL REGULAR MEETING September 23, 2008 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:00 PM for the purpose of an affordable housing project workshop. Mayor David L. Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Also in attendance were Councilmembers Gregg Stucki, Kyle Bailey, Sarah Bauman and Rob Sweeten; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Planning Director Jeff Reinhart, Administrative Analyst/Economic Development Specialist Kenneth F. Davey, City Treasurer Jennie Ross, and Community Development Director David Olsen. Sixty-four (64) members of the audience and media were present. Councilmember Bailey moved to approve the Regular Council meeting minutes of August 26 and September 2, 2008 and the Special Council meeting minutes of August 29, 2008. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. There were no Citizens to be Heard. Under Community Development Department Update, Community Development Director Olsen stated that he had applied for a grant for the 300 South 400 East Corner Park through the Tree Utah Program. An Engineering Department Update was not given. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison presented Abbie Camps with the Mayor's Student Citizenship of the month award for September 2008 for Helen M. Knight Intermediate School. Roy Barraclough, C.E.O. of Allen Memorial Hospital, gave a presentation updating the hospital project. Councilmember Bailey moved to approve a request by Lightfoot's Emporium for Use of City Right-of-way at Various Locations on Main Street to Conduct an Annual Sidewalk Sale on October 11 and 12, 2008. Councilmember Sweeten seconded the motion. The motion carried 4-0 aye. Approval of Proposed Ordinance #2008-36 — An Ordinance Granting to Questar Gas Company a Franchise for the Construction, Operation and Maintenance of a Natural Gas Distribution System in Moab City, Grand County, State of Utah was canceled at the request of Questar Gas Company. Councilmember Bauman moved to approve Proposed Resolution #29- 2008 — A Resolution Approving the First Addendum to the Interlocal Agreement for the Provision of Film Commission Services for Grand County by and between Grand County and the City of Moab. Councilmember Stucki seconded the motion. The motion carried 4-0 REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE STUDENT OF THE MONTH PRESENTATION REQUEST FOR USE OF CITY RIGHT-OF-WAY, APPROVED PROPOSED ORDINANCE #2008-36, CANCELED PROPOSED RESOLUTION #29-2008, APPROVED September 23, 2008 Page 1 of 7 aye by a roll -call -vote. Councilmember Sweeten moved to Send a Proposed Conditional Use Permit Application to Allow a Bed and Breakfast in the R-3 Residential Zone Located at 366 East and 100 North to Public Hearing on October 14, 2008. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Sweeten moved to Send a Proposed Conditional Use Permit Application to Allow a Secondary Dwelling in the R-3 Residential Zone Located at 143 East 100 North to Public Hearing on October 14, 2008. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 24 — An Ordinance to Amend Title 17.00 of the Moab Land Use Code by Removing Reference to the Development Regulations for the R-3 Zone from the Development Regulations in the C-1, C-2 and C-4 Commercial Zones 7:25 PM. Planning Director Reinhart gave an overview of the proposed ordinance. Diane Walker stated that the C-1 zone was originally created to be a buffer between Commercial and Residential zones. Ms. Walker inquired if the proposed zone change eliminated the setback and if the zone would no longer be a buffer. Planning Director Reinhart stated that there would be no change to the setback requirements. Mayor Sakrison closed the public hearing at 7:29 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 28 — An Ordinance Amending Moab City Code Section 17.48 Regarding the R-3 Residential Zone at 7:29 PM. Planning Director Reinhart gave an overview of the proposed ordinance. City Manager Metzler gave an overview of staff revisions to the proposed ordinance. Lucy Wallingford stated that she feels that the proposed ordinance is a bad plan, is bad for neighborhoods and should be scrapped. Ms. Wallingford stated that she is trying to protect our neighborhoods and feels that it is hard to address both zones at once. Ms. Wallingford requested that the Council break out the zone amendments individually. Ms. Wallingford stated that she would be addressing the R-3 zone specifically. Ms. Wallingford stated that you just need to read the code to see what is possible. Ms. Wallingford then proceeded to explain her position on the differences between the old code, the new code and the staff revisions on a white board. Karla Hancock (former Moab City Mayor) stated that she has a deep concern for low and middle income individuals who are trying to find housing but that she is opposed to the text changes to the R-3 and R-4 zones to increase density. Ms. Hancock stated she has visited those in need of low income housing and agrees that it is a problem that needs a solution. Ms. Hancock stated that those individuals would lose privacy and independence in a high density development and that she feels it is not realistic to eliminate play space or a private yard. Ms. Hancock stated that the City must come up with a better plan and has historically given out mixed messages in regard to density and affordable housing. Ms. Hancock requested that the Council not risk opening a Pandora's PROPOSED CONDITIONAL USE PERMIT APPLICATION TO ALLOW A BED AND BREAKFAST IN THE R-3 ZONE LOCATED SENT TO PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT APPLICATION TO ALLOW A SECONDARY DWELLING IN THE R-3 ZONE SENT TO PUBLIC HEARING PUBLIC HEARING OPENED PUBLIC COMMENT PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC COMMENT September 23, 2008 Page 2 of 7 Box for future developments by approving this proposed ordinance. Ms. Hancock requested that the Council act on behalf of all of their constituents and keep the integrity of the neighborhoods constant. Ms. Hancock asked that the Council vote no on the proposed ordinance. Craig Hibberd stated regarding the R-3 and R-4 amendments that he agreed that our community was in need of affordable housing but that he felt that this was a poor proposal and should be voted down. Mr. Hibberd stated that he felt the amendments were rushed and that no research was completed. Mr. Hibberd stated that the proposed ordinance also polarizes and alienates our community. Mr. Hibberd continued that he is in favor of affordable housing and always has been. Mr. Hibberd then passed around several physical models of the proposed residential density. Mr. Hibberd then distributed some proposed alternate language for the zone amendments. Mr. Hibberd then read two letters from planners regarding the proposed zone amendments. Mr. Hibberd stated that the Affordable Housing Taskforce was developing better ideas to address affordable housing. Mr. Hibberd thanked the Council for their time and willingness to work together to find a solution. Lola McElhaney thanked the Council and audience for their time and work. Ms. McElhaney stated that she feels that the waiver for parking spaces and play areas is a really bad idea that will develop substandard housing. Ms. McElhaney stated that she does not believe that the public can utilize school playgrounds after hours. Ms. McElhaney stated that four years ago she earned 47% of the area median income and would not qualify for this housing. Diane Walker stated that she is opposed to the proposed ordinances #2008-28 and #2008-29. Ms. Walker was disturbed by the effect the proposed ordinances would have on our neighborhoods. Ms. Walker read a portion of the Moab General Plan. Ms. Walker asked the Council to take the time to develop these ordinances thoughtfully and to follow the general plan. Bob Walker stated that he believes a workshop has been started and progress could be made. Fred Powell stated that he owns the property north of the existing apartments. Mr. Powell stated that Moab Irrigation ditches should be included for consideration. Mr. Powell stated that he is not opposed to affordable housing within our existing code, but that living next to these six units for most of his life, children do not travel to other areas to play, but come to his yard to play. Mr. Powell stated that if the rules are to keep our community decent then he is in favor of them. Bob Owen stated that he has been a member of the community for quite sometime and he has been consistent in his opposition to zone changes and he feels that this is a zone change in sheep's clothing. Mr. Owen stated that we should be able to incorporate affordable housing into our community without impacting existing neighbors and that something better can be developed. Clara Shafer stated that she lives next to apartments and owns three adjoining lots. Ms. Shafer stated that four generations of Shafers have lived on her property and putting larger apartments in would require a larger driveway for which she would need to sell property. Ms. Shafer stated she would also lose her irrigation, her well, her apricot trees and her garden. Ms. Shafer stated that she would need to tear down one of the rental units and it would have a negligible effect on the value of her property. Ms. Shafer stated that she does not think that changing the zoning would be an appropriate thing to do. PUBLIC COMMENT CONTINUED September 23, 2008 Page 3 of 7 Laura Uhle stated that she is the current owner of Moab Property Management and the proposed Ferndale Apartments property and that she is a proponent of the proposed ordinance and that the community's fears can be allayed. Ms. Uhle stated that Moab is not the first community to deal with these issues. Ms. Uhle stated that ten principles of smart growth have to be incorporated into each project. Ms. Uhle then read the ten principles and read some case examples. Ms. Uhle stated that smartgrowth.com gives out a lot of valuable information regarding this topic. Ms. Uhle gave examples of criteria that must be met before a development application can be approved yielding positive results for everyone. Ms. Uhle stated that the single factor that will prohibit the development of any affordable housing is the cost of property. Ms. Uhle stated that affordable housing will not continue with these trends. Ms. Uhle gave examples of the viable uses of the Ferndale Apartments property, none of which she stated are affordable housing. Ms. Uhle stated that affordable housing projects are labors of love and community service intensive. Ms. Uhle encouraged the audience and Council to come up with solutions collectively. Steve Shafer inquired why housing is not affordable here and continued that it is due to the lack of well -paying employment opportunities within our community and stated that he thinks that improving the standard of living should be a primary goal. Mr. Shafer stated that the State of Utah cannot relocate employees here due to the high cost of living. Mr. Shafer stated that if the standard of living goes up, drug use and crime should go down. Mr. Shafer stated that there is no job and tax base within our community. Mr. Shafer stated that scarcity increases value. Mr. Shafer stated that he is not opposed to affordable housing; however this proposed zoning is not the answer. Chris Baird stated that he is a member of the affordable housing task force and thanked the Moab City staff and citizens who have worked on the proposed ordinance. Mr. Baird stated that the ordinance passed by the Moab City Planning Commission was unacceptable to him. Mr. Baird then reviewed alternatives to the recent staff revisions of the proposed ordinances. Mr. Baird stated that he has no doubt that affordable housing projects will have some negative impacts for neighbors, but that the need for this housing outweighs those impacts. Mr. Baird stated that very few developers will want to tie up their assets long term for affordable housing projects. Mr. Baird stated that he does not advocate that the entire land use code be revised before affordable housing revisions can take place, but that we are in a dire situation and need to solve the problem. Mr. Baird hopes that the community realizes the need for affordable housing and that it will have to be in someone's backyard. Robyn Guymon stated that he is against both proposals and can't understand how the City can be making a blanket zone change for R-3 and R-4 zones. Mr. Guymon then showed a visual representation of his home and stated that the proposed ordinances are unacceptable. Mr. Guymon stated that there have been sewer issues in his neighborhood as well and the City has stated that the sewer line is ancient. David Bodner stated that he has lived in other boom towns and that he and his wife employ about 20 people, many of whom have issues finding housing. Mr. Bodner stated that one of the issues with this proposal is there would be no parking anywhere around here. Mr. Bodner stated that he is opposed to great big tall things in neighborhoods that don't have great big tall things. Mr. Bodner stated that the City did not require the Hampton Inn to provide employee housing and inquired why not. Mr. Bodner requested that the City go back to the drawing board and do something that makes some sense. PUBLIC COMMENT CONTINUED September 23, 2008 Page 4 of 7 Jeff McCleary stated that the City has been consistent in not approving spot zoning but that this proposal condones spot zoning and that who gets the spot depends on where the money flows from. Mr. McCleary requested that special considerations should not be made depending on where the money comes from. Mr. McCleary stated that he does not believe that government should have to intervene in affordable housing. Mr. McCleary stated that a green community should provide employee housing on -site at hotels. Mr. McCleary encouraged the Council to not vote for the proposal and not have spot zoning. Charles Pipkin stated that this is an unsolvable problem in the private sector given the circumstances. Mr. Pipkin stated that you cannot do it given that land is so expensive that is privately owned. Mr. Pipkin stated that 95% of the land in this County is owned by the government. Mr. Pipkin stated that the solution is to free up government land and that solution has to take place at the state level. Judy Powers stated that it's clear that affordable housing is needed and that density needs to be increased in town somehow and that we really need to attract businesses to our town. Ms. Powers stated that she feels manipulated by the word "affordable" because it really does look like a project. Ms. Powers stated that the City has not protected the affordable housing that existed and have not utilized the density that already exists. Ms. Powers continued that we have more stuff and need garages. Ms. Powers stated that no landscaping increases your heat and runoff. Ms. Powers inquired what happens when the affordable housing contract expires. Mayor Sakrison stated that the contract is for 99 years. Ms. Uhle stated that the project would be turned over to the community after 20 years and is placed in a non-profit trust. Ms. Powers stated that more dialogue needs to take place and that every time affordable housing gets built in our community it gets sold back into the regular market. Audrey Graham stated that she is a Grand County Councilmember and chair of the County's Affordable Housing Coalition. Ms. Graham stated that everyone in Moab is a victim of a world economy that has gone crazy. Ms. Graham stated that the City and County have worked to attract businesses and employers and it's a struggle. Ms. Graham stated that the presenter at the affordable housing workshop — earlier in the meeting — has met with many landowners in Moab regarding affordable housing and has never seen so many landowners that want to not get the market rate to facilitate affordable housing. Ms. Graham asked the community for patience until a solution can be developed. Ms. Graham stated that she had never advocated eliminated parking in a project. Ms. Graham asked that the community realize that affordable housing is needed and not to "villainize" the property owners who want to facilitate affordable housing with their properties. Karissa Thomas stated that she is a single mother working for a low wage and would like the community to look at insisting on a living wage. Ms. Thomas stated that there are a lot of great design standards out there that are very innovative. Ms. Thomas stated that the Ferndale project was getting demonized but that she agrees that open space is important. Ms. Thomas stated that blanket zoning doesn't allow for variation. Ms. Thomas stated that each project should be evaluated on its own. Ms. Thomas inquired if the community wanted to be known for our architecture. Ms. Thomas continued that open space seems to often turn into a detention pond and then a basin of tumbleweeds. PUBLIC COMMENT CONTINUED September 23, 2008 Page 5 of 7 Susan Tabb stated that she wanted to learn more about the problem and that she's been impressed by the lack of negativity towards affordable housing. Ms. Tabb stated that there is a need for affordable housing and that there is no flexibility within our federal system. Ms. Tabb stated that she agrees with Mr. Pipkin regarding solutions coming from government land. Ms. Tabb stated that there should be an immediate stop loss on evictions in trailer parks and that we are in an emergency situation. Ms. Tabb stated that she had just read a book regarding disaster capitalism and she recommended that everyone read it. Ms. Tabb finished that even educated people are in need of affordable housing, commended Ms. Uhle on her project and doesn't feel that the ordinances should go forward at this point. John Townley submitted written comments at the public hearing stating that he feels the proposal will undermine the quality of life in Moab as well as not provide housing for those who actually need low income housing. Mr. Townley stated that the change will ruin neighborhood relationships and deprive the new residents of parking and play areas. Mr. Townley asked the Council to not change the protective zoning codes. Jeanie Mudd submitted written comments at the public hearing stating that she feels this is a poor proposal due to the density, building height, no parking, no playgrounds and allowing these rules to only be specific to zoning and not to individuals. Ms. Mudd stated that she is against the proposals and believes it needs to be voted down. Mayor Sakrison closed the public hearing at 9:52 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 29 — An Ordinance Amending Moab City Code 17.51 Regarding the R- 4 Residential Zone at 9:52 PM. Planning Director Reinhart gave an overview of the proposed ordinance. Councilmember Sweeten stated that the Council needs to hear the difference in comments for the R-4 Residential zone. Karla Hancock stated that she does not see any differences to the ordinances and can it be assumed that the ordinances are identical. Moab City Planning Commission Member Dohrenwend stated that the ordinances are changes to the code and that the R-3 and R-4 zones are different. Councilmember Bauman stated that if at the next meeting changes are made to the R-4 zone that are more appropriate for affordable housing, the comments given tonight towards the R-3 zone were generic regarding the R-4 zone. Karla Hancock stated that there were a lot of negative comments from Portal Vista regarding parking and landscaping. Lucy Wallingford stated that if the City wanted meaningful comment on both zones, the public hearings should not be held on the same night. Mayor Sakrison stated that written comment would be accepted for three weeks. Ms. Wallingford stated that she would like to see the City pass code that if a multi -unit property is taken out of the rental market that something similar has to be put back in. PUBLIC COMMENT CONTINUED PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC COMMENT September 23, 2008 Page 6 of 7 Mayor Sakrison stated that that would not be legal. Diane Walker stated that the solar language was not put into the R-4 amendments and that it should be. Councilmember Stucki stated that he understands how citizens would want the same standard applied to the R-3 and R-4 zones, but that there needs to be an area in town that can accommodate affordable housing. Councilmember Bailey stated that a lot of the comments were addressing open space and parking. Moab City Planning Commission Member Wayne Hoskisson stated that originally this was addressed for a project at the Virginian Apartments. Mr. Hoskisson stated that R-4 allows greater density and that the comments made regarding the R-3 zone amendments are applicable. Mayor Sakrison closed the public hearing at 10:14 PM. Mayor Sakrison opened a public hearing on Proposed Ordinance #2008- 30 — An Ordinance Amending the City of Moab Land Use Code by Repealing a Portion of Chapter 17.65.080 MPD Review Procedures to Align the Appeals Process of a Council Decision with the Balance of the Land Use Code at 10:14 PM. Planning Director Reinhart gave an overview of the proposed ordinance. No public comment was given. Mayor Sakrison closed the public hearing at 10:16 PM. The public hearing for Proposed Ordinance #2008-35 — An Ordinance Amending the Official Moab Zoning Map — Bazil/Todd was canceled by the applicant. Under Discussion regarding an Update on the Affordable Housing Plan, City Manager Metzler made a brief presentation. Discussion followed. Under Reading of Correspondence, Councilmember Sweeten stated he had received a letter from Loren Johnson. An Administrative Report was not given. Under Report on City/County Cooperation, City Manager Metzler stated that the Spanish Valley Water and Sewer District voted to acquiesce to the City regarding water service provision for Mulberry Grove Subdivision. Under Mayor and Council Reports, Mayor Sakrison stated that he and several staff members attended the Utah League of Cities and Towns annual convention. Councilmember Bauman moved to pay the bills against the City of Moab in the amount of $731,840.70. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 10:24 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder PUBLIC HEARING CLOSED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED PUBLIC HEARING CANCELED DISCUSSION REGARDING AFFORDABLE HOUSING PLAN READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT September 23, 2008 Page 7 of 7