HomeMy Public PortalAboutORD-CC-2006-17ORDINANCE # 2006-17
AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE
CODE IMPLEMENTING THE MASTER PLANNED DEVELOPMENTS
(MPD) LAND USE ORDINANCE
WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab
City Council on January 8, 2002, with Resolution # 01-2002, and it serves as the guide to
zoning decisions; and
WHEREAS, the Master Planned Developments ordinance is designed to implement the
recommendations of the City of Moab General Plan, specifically:
"Develop a community and resort destination that is designed for people where
walking and biking are the cornerstone of the transportation system;
"Protect and preserve open space, agricultural lands, riparian areas, ridgelines,
mesas and wetlands"; and
WHEREAS, the Master Planned Developments ordinance is designed to allow greater
flexibility in development design proposals while encouraging the preservation of unique
natural and cultural features upon the land; and
WHEREAS, the City of Moab Planning Commission reviewed and recommended
adoption of this ordinance November 9th, 2006; and
WHEREAS, due notice was given that the Moab City Council ("City Council") would
meet to hear and consider this ordinance; and
WHEREAS, the City Council has heard and considered all evidence and testimony
presented with respect to the amendments and has determined, subsequent to said public
hearing, that the adoption of this ordinance is in the best interests of the citizens of the
City of Moab, Utah.
NOW, THEREFORE BE IT FINALLY ORDAINED BY THE MOAB CITY COUNCIL
THAT Title 17, Moab Municipal Code is hereby amended by the addition of a land use
ordinance Chapter 17.65, Master Planned Developments (MPD) to read as follows:
Chapter 17.65
MASTER PLANNED DEVELOPMENTS
Sections:
17.65.010 OBJECTIVES AND CHARACTERISTICS
17.65.020 APPLICABILITY
17.65.030 CONSIDERATION FOR APPROVAL
Ordinance #2006-17 Page 1 of 16
17.65.040 STANDARDS AND REQUIREMENTS
17.65.050 REDUCTION OF PHYSICAL DESIGN REQUIREMENTS
17.65.060 SUPPLEMENTARY REGULATIONS FOR MIXED -USE MPD DEVELOPMENTS IN
COMMERCIAL ZONES
17.65.070 PHASING
17.65.080 REVIEW PROCEDURES
17.65.090 CONCEPT MPD
17.65.100 PRELIMINARY MPD
17.65.110 FINAL MPD
17.65.120 DEVELOPMENT AGREEMENTS
17.65.130 AMENDMENT PROCEDURES
17.65.140 NONCOMPLIANCE WITH THE APPROVED DEVELOPMENT PLAN
17.65.010 OBJECTIVES AND CHARACTERISTICS
1. The intent of the Master Planned Development (MPD) process is to provide greater flexibility
and, consequently, more creative and imaginative design than generally is possible under
conventional zoning regulations. An MPD should promote more economical and efficient use of
the land by providing better coordination of necessary infrastructure, site amenities, and
protection of natural systems.
2. The MPD process should encourage innovative planning and provide a variety of housing
types and configurations, resulting in more mixed use development, improved protection of open
spaces, and increased transportation options.
3. Encourage developments that recognize the relationship between buildings and their use, open
space and public spaces, pedestrian vitality, ecological process, and varied forms of
transportation, providing opportunities for innovative and diversified development.
4. Preserve, to the greatest extent possible, the existing natural and cultural landscape features
and amenities that may not otherwise be protected through conventional development.
17.65.020 APPLICABILITY
The master planned development designation may be applied as an overlay within the City's
zoning districts as noted in this section. An applicant may elect to develop a project as a master
planned development in compliance with the requirements of this chapter. In addition, the City
requires that the development in the Sensitive Area Resort (SAR) zone be processed using the
provisions of this Chapter.
1. Type of Development. An MPD may be developed as a Residential MPD or a Mixed -
Use MPD.
a. Residential MPD. A residential MPD consists entirely of residential uses and
shall not contain any commercial uses or mixed -use structures. A diversity of
housing types and sizes is encouraged.
b. Mixed -Use MPD. A mixed -use MPD consists of both residential and appropriate
commercial uses that are allowed by -right in the underlying zoning.
2. Sensitive Area Resort (SAR) zones. Residential or mixed -use Master Planned
Developments shall be required in the SAR zone pursuant to this and all other applicable
ordinances. The minimum size for a MPD in the SAR zone is 40 acres.
Ordinance #2006-17 Page 2 of 16
3. Commercial (C) zones. Mixed -use Master Planned Developments shall be permitted as
of right for developments equal to or greater than 1 contiguous acre in commercial zones
pursuant to this and all other applicable ordinances.
4. Residential (R) zones. Residential Master Planned Developments shall be permitted as of
right for developments equal to or greater than 3 contiguous acres in all residential zones
pursuant to this and all other applicable ordinances
5. Permitted developments within zones. The following matrix shows the permitted
development options for Master Planned Development types within underlying zones:
Type SAR RA-1 R-1 R-2 R-3 R-4 C-1 C-2 C-3 C-4 C-5
Residential
MPD
P
P IPIPIPIP
NP
NP I
NP I
NP
NP
40 ac.
Minimum 3 acres
Mixed -Use
MPD
P
NP
NP
NP
NP
NP
PPPPP
40 ac.
Minimum l acre
P = Permitted, NP = Not Permitted
6. Conflicts. When provisions within this ordinance expressly allow for a deviation from
an existing city code, all provisions herein shall apply.
7. Exceptions. The land use authority shall have the discretion to grant exceptions from
portions of this ordinance for any of the following conditions:
a. Commercial establishment size limits may be increased.
b. Open space/amenities dedications in a Mixed -Use MPD may be varied to allow
up to fifty -percent (50%) of the required "public amenities" area to be privately
owned.
c. Adjustments may be made in open space allocations for purposes of satisfying
the requirements for differing types of open space, provided the adjustments are
consistent with the overall intent of this Chapter.
d. Public street widths may be less than thirty-three feet with Public Works and
Engineering approval.
e. Commercial floor space requirements in Mixed -Use MPD may be reduced when
supplemented by moderate income housing.
f. Mixed -Use MPD setback requirements when adjacent to residential zones may
be decreased when supplemented with other buffering or public amenities .
g. Setback requirements on commercial buildings adjacent to public streets may be
reduced to a zero lot line when the areas are used for outdoor gathering spaces,
courtyards, pocket parks and other pedestrian amenities.
8. Allowed Uses. Uses allowed in the MPD overlay are those specified under each
underlying zone, except that multi -family residential development shall be permitted in
the RA-1, R-1, and R-2 zones to achieve open space and density requirements of this
Chapter.
17.65.030 CONSIDERATIONS FOR APPROVAL
Ordinance #2006-17 Page 3 of 16
1. Review Criteria. In reviewing a Master Planned Development, the land use authority
shall determine whether:
a. The site plan satisfies the requirements pursuant to this and all other applicable
ordinances;
b. Buildings and structures are adequately grouped so that the corresponding
required acreage is set aside as common open space or public amenity as required
by this Chapter 17.65. To the greatest degree practicable, common open space
shall be designated as larger contiguous parcels and not divided into small
unconnected parcels located in various parts of the development;
c. Pedestrians can easily access common open space;
d. The site plan establishes, where applicable, a consciously designed buffer to
sensitive natural features, including natural drainages and visually significant
ridges or other landscape features included in the required site inventory;
e. Individual lots, buildings, structures, streets, and parking areas are situated to
minimize and mitigate the alteration of natural features, natural vegetation and
topography;
f. The site plan accommodates and preserves any features of historic, cultural or
archaeological value;
g. Floodways, ridges as expressed within the Hillside Development Ordinance,
areas of geologic hazard, and slopes in excess of forty-five (45) percent shall be
protected from development;
h. The Master Planned Development advances the purposes of this ordinance as
stated in the objectives and characteristics.
2. Special Conditions. The land use authority may, in its discretion, apply such special
conditions or stipulations to the approval of a Master Planned Development as may be
required to maintain harmony with neighboring uses or landscape and to further promote
the objectives of this ordinance, the Moab City General Plan, and other applicable land
use ordinances. Such conditions may include, but are not limited to, increased buffering
or screening, special landscape requirements, architectural material or color requirements,
and site layout for view shed and vista preservation.
17.65.040 STANDARDS AND REQUIREMENTS
1. General Provisions. The following provisions shall apply to any Master Planned
Development, regardless of the requirements of the underlying zoning district:
a. Yield Density Determination. The maximum yield density for residential units in
an MPD shall be determined by the maximum units per acre in the underlying
zone. The maximum possible residential MPD units shall be determined by the
total acreage of the proposed MPD parcel times the underlying zoning units per
acre. Maximum units per acre in zones not explicitly describing a maximum unit
per acre number shall be calculated by dividing the minimum single-family lot
size by one acre; resulting in the maximum units per acre for that zoning
designation.
i. Density reductions as applied by the Hillside Ordinance or other density -
reducing provisions within the municipal code shall not apply, provided
that minimum open space acreage is met, and floodways and all slopes in
excess of forty-five percent are protected from development.
b. MPD Density Bonus. A residential density bonus of 15% (.15 times maximum
yield density) shall be granted for master planned developments in the SAR zone
and residential zones. Residential density in commercial zones shall not be
Ordinance #2006-17 ' Page 4 of 16
limited except for spatial restrictions of building height, required parking,
landscaping and other applicable ordinances.
c. Moderate -Income Housing Density Bonus. An additional moderate -income
housing density bonus of 15% (.15 times the maximum yield density) may be
granted provided that a majority (>50 percent) of total bonus density units meet
moderate -income housing requirements as outlined in the Moab Moderate
Income Housing Plan.
i. Moderate income dwelling units used as the basis for approving a
moderate -income housing density bonus shall be subject to a recorded
deed restriction conforming with all applicable City affordable housing
ordinances and policies.
d. Lot Size. No minimum area of lots shall apply within an MPD.
e. Setbacks. No minimum per -lot setbacks shall apply within an MPD, except
perimeter setback requirements within a Mixed -Use MPD..
f. Emergency Access. Each lot shall have a minimum of one 20-foot wide
dedicated emergency access to a public or private street. Staff may approve the
sharing of access between multiple lots provided that emergency vehicle access
is available.
2. Open Space Required. All Master Planned Developments shall be required to convey
common open space as outlined in the provisions and matrix below. In cases where
acreage of Floodways or slopes in excess of forty-five (45) percent is greater than
required minimum open space acreage, all Floodways and slopes in excess of forty-five
percent shall be protected form development and shall increase the required open space.
a. SAR zones. Not less than seventy (70) percent of the site area within an SAR
zone shall be conveyed as open space in the manner provided for in section
17.65.040 (3) below.
b. Residential zones. Not less than fifty (50) percent of the site area within R-3 and
R-4 residential zones, or sixty (60) percent in R-1 and R-2 residential zones, shall
be conveyed as open space in the manner provided for in section 17.65.040 (3)
below.
c. Commercial zones. Not less than fifteen (15) percent of the site area within C-3
and C-4 commercial zones, or twenty (20) percent in C-1, C-2, and C-5
commercial zones, shall be conveyed 'as publicly accessible common space in the
manner provided for in section 17.65.040 (3) below.
Minimum Percentage of Open Space Required
Zone Residential MPD
SAR 70%
(Gross Acreage)
Mixed -Used MPD
70%
RA-1
60%
*
R-1
60%
*
R-2
60%
*
R-3
50%
*
R-4
50%
*
C-1
*
20%
C-2
*
20%
C-3
C-4
*
15%
*
15%
Ordinance #2006-17
Page 5 of 16
C-5
20%
3. Types of open space. In order to allow maximum design flexibility while providing the
required open space dedications, all Preliminary or Final MPDs shall designate types of
open space within the approved plan. Open space designations are not required to be
separate parcels, but shall act as a general guide in balancing the need for both natural
open areas and recreational or public amenities. These provisions intend to allow a
certain percentage of required the open space dedication to be developed with
recreational or public amenities and infrastructure, as outlined in the matrix below. The
following open space classifications shall be allowed as per the Maximum Allowable
Type of Open Space list below:
a. Natural or naturalized open space. Natural or naturalized means open space left
in its current natural state or returned to a traditionally native natural state by
means of landscape restoration.
i. Whenever practical, natural open space should be conveyed in areas
adjacent to the Master Planned Development site boundaries and
specifically adjacent to other off -site natural open space, thus creating
larger contiguous areas of natural open space across parcel boundaries.
ii. Vegetation should reflect and compliment the natural characteristics of
the surrounding landscape within the Master Planned Development and
adjacent properties.
b. Passive Recreation. Passive recreation areas mean open space that has minimal
introduced infrastructure. Passive recreation areas may contain trail -based
hiking, biking, horseback riding, wildlife viewing, picnicking, landscaped parks
and similar minimally invasive activities and related infrastructure.
i. Any introduced infrastructure for passive recreation shall be visually
unified with the sounding natural landscape or overall architectural
design motif in terms of color, materials and scale.
c. Active Recreation. Active recreation areas mean open space that may contain
introduced infrastructure related to sports fields and other facilities. Active
recreation areas may contain equestrian facilities, courts and fields, outdoor
entertainment areas, plazas and other gathering spaces.
i. Infrastructure for active recreation shall be developed in a visually
unified design scheme directly related to other development
infrastructure such as dwellings or commercial uses in terms of color,
materials, and scale.
d. Public Pedestrian Amenities. Public pedestrian amenities mean open space that
contains introduced infrastructure related to the public streetscape and has a
pedestrian priority, including public plazas, outdoor gathering areas, pedestrian
malls, outdoor entertainment areas, sidewalk cafes, pocket parks, fountains and
other public gathering spaces.
Maximum Allowable Type of Open Space
(maximum percent of re• uired open s.ace acreage)
Zone
Open Space Type
Residential Mixed Used
MPD MPD
SAR
Natural or Naturalized
Passive Recreation (minimal infrastructure)
Max. 100%
Max. 30%
Max. 100%
Max. 30%
Ordinance #2006-17
Page 6 of 16
Active Recreation (infrastructure)
Max. 15%
Max. 15%
RA-1, R-1
Natural or Naturalized
Max. 100%
Passive Recreation (minimal infrastructure)
Max. 40%
Active Recreational (infrastructure)
Max. 20%
*
R-2, R-3, R-4
Natural or Naturalized
Max. 100%
Passive Recreation (minimal infrastructure)
Max. 70%
*
Active Recreational (infrastructure)
Max. 20%
*
C-1, C-2, C-5
Natural or Naturalized
*
Max. 100%
Passive Recreation (minimal infrastructure)
*
Max. 80%
Public Pedestrian Amenities
*
Max. 60%
C-3, C-4
Natural or Naturalized
*
Max. 50%
Passive Recreation (minimal infrastructure)
*
Max. 60%
Public Pedestrian Amenities
*
Max. 100%
4. Conveyance of open space. Common open space tracts provided by a Master Planned
Development shall be conveyed as follows:
a. To a nonprofit corporation, home owners association, or trust owned or to be
owned by the owners of lots or dwelling units within the Master Planned
Development, or via an undivided conveyance to the owners of units within a
cooperative or condominium development. If such a corporation or trust is used
is used, ownership shall pass with the conveyances of the lots of dwelling units;
or
b. To the City of Moab and accepted by it for a park, open space, agricultural, or
other specified use or uses.
c. In all cases, the conveyance shall be approved by the city's land use authority
and shall be in a form approved by the Moab City Attorney; and
d. In all cases, where common open space in a Master Planned Development is
conveyed pursuant to the requirements above, a deed restriction enforceable by
the City of Moab shall be recorded in conjunction with the Final MPD Plan that
provides that the common open space shall be used and maintained solely for
purposes consistent with the MPD approval, and that it shall not be subject to
further development.
17.65.050 REDUCTION OF PHYSICAL DESIGN REQUIREMENTS
1. Right of Way Width. In approving a Master Planned Development, the land use
authority may reduce the total right-of-way width of any private streets that would
otherwise be required by subdivision regulations and other provisions of this code to a
minimum of 20 feet. Streets dedicated to the City for public use shall have a minimum
right-of-way width of 33 feet.
2. Sidewalks. In lieu of required sidewalks the land use authority may approve acceptable
substitutes such as accessible trail ways or separated multi -use paths, provided that the
substitute promotes pedestrian circulation and suitable access by persons with disabilities
within and through the development and will be maintained.
3. Curb and Gutter. Master Planned Developments may substitute required City Standard
curb and gutter improvements with an acceptable alternative that fulfills similar purposes.
Ordinance #2006-17 Page 7 of 16
The alternative to curb and gutter shall be approved by the City Engineer and Public
Works Director and should be incorporated into the storm water management plan.
17.65.060 SUPPLEMENTARY REGULATIONS FOR MIXED -USE MPD
DEVELOPMENTS WITHIN COMMERCIAL ZONES
1. Commercial Establishment Size Limits. The gross floor area of any single retail
commercial establishment, building or commercial tenant space within any Master
Planned Development shall not exceed 25,000 square feet. This provision shall not
override more restrictive existing limits on commercial establishment sizes within the
underlying zone of the Master Planned Development site.
2. Site Layout for Residential and Commercial Buildings. Buildings shall be oriented to the
street, pedestrian plazas or landscaped courtyards, and streetscapes shall include
amenities pedestrian -friendly amenities such as wider sidewalks, enhanced landscaping,
pedestrian -scale lighting, and street furnishings.
a. Ground floor residential units shall be directly accessed from landscaped
courtyards or pedestrian plazas when not adjacent to public streets.
b. Townhomes and all other multifamily dwelling units with private exterior
ground -floor entries shall provide at least 20 square feet of landscaping adjacent
to the entry. Landscaped area may be shared between units at a minimum of 10
square feet per unit.
c. Single-family detached, duplex housing and cottage housing. All proposed
ground -floor single family units shall contain a minimum of four and a maximum
of 12 cottages/units located in a cluster to encourage a sense of community
among the residents. A development site may contain more than one cottage
housing development.
i. All cottages shall be within 60 feet walking distance of the common open
space or pedestrian amenities.
3. Pedestrian Priority. Pedestrian priority areas are areas within a Mixed -Use MPD
development where primary design consideration shall be given to pedestrians rather than
vehicles. Such areas shall be subject to the following provisions:
a. All mixed use developments shall include at least one pedestrian priority area.
b. A pedestrian priority area shall be located between all residential and non-
residential areas or uses and shall be designed to integrate the different types of
land uses to the greatest extent practicable.
c. Additional pedestrian priority areas may be required based on site design
variables such as the number and location(s) of residential and non-residential
components. [n all cases there shall be at least one pedestrian area meeting the
requirements of this section for each 300 feet of public street frontage.
d. The required pedestrian area, plaza or similar gathering space shall have a
minimum area of 1,000 square feet and a minimum dimension of twenty (20)
feet.
e. Outdoor seating areas used by restaurants may be counted toward the total open
space and pedestrian priority area requirement.
f. The developer(s) and/or property owner(s) of a mixed use development shall
establish an arrangement to assure the City of a continued standard of
maintenance and responsibility of the common open space and recreational
facilities. The management and maintenance arrangement shall be approved by
the City prior to the occupancy of any buildings within the development.
g. Applicants must successfully demonstrate how the proposed pedestrian area
meets all of the following criteria:
Ordinance #2006-17 Page 8 of 16
i. Paved walking surfaces of either concrete or approved alternative
paving;
ii. At least 2 linear feet of seating area (bench, ledge, etc.) or one individual
seat per 60 square feet of plaza area or open space (up to 50% of seats
may be moveable);
iii. Location in areas with significant pedestrian traffic to provide interest
and security, such as adjacent to a building entry; and
iv. Utilization of decorative pavement patterns, tree grates, artwork,
landscaping, information kiosks, lighting, fountains or other visual
amenities.
4. Ground Floor Commercial Required. A minimum of twenty-five percent (25%) of the
total gross ground -floor footprint area of all buildings within a mixed -use MPD shall be
devoted to commercial uses when proposed in underlying commercial zones. "Ground
floor" is defined as all slab, at grade, or otherwise constructed building floor areas
accessed from a public or private street, sidewalk, or parking area, including floors
accessed by stairs or ramps from outside a building.
5. Street side setbacks. A mixed -use or commercial building in any Master Planned
Development within a commercial zone shall have at least sixty (60) percent of the length
of a building facade abut front and street side property lines where adjacent to a public
street. The remaining length of facade shall not be more than thirty (30) feet away from
street side property lines. This requirement may be modified by up to 15 (15) feet if
wider sidewalks that include designed pedestrian amenities are proposed.
6. Sidewalks. Sidewalks and pathways along the facade of mixed -use and retail buildings
100 or more feet in width (measured along the facade) shall be at least 12 feet in width.
The walkway shall include an 8-foot minimum unobstructed walking surface and street
trees placed no more than 30 feet on -center per landscaping requirements.
7. Rear setbacks. Mixed -use or commercial buildings abutting residential properties outside
of the Master Planned Development shall have a minimum rear setback of twenty-five
(25) feet from the MPD perimeter boundary. Residential -only structures shall not be
subject to this provision.
8. Side setbacks. No interior side setbacks are required for mixed -use buildings except
when such a building abuts a residential property outside of the Master Planned
Development, in which case the minimum side setback required shall be the same as in
the underlying zoning district.
9. Parking. All off-street parking areas within a mixed -use MPD shall be, when possible,
located at the rear or side of a building or complex of buildings, away from public streets
and screened from view. Shared drive access routes between commercial developments
and parking areas are encouraged to reduce the number of curb -cuts and pedestrian
conflicts on a public street.
a. The total number of parking spaces required for a mixed use project may be
reduced by five (5) percent.
b. A reduction of parking standards up to twenty (20) percent may be granted based
upon justification shown within a parking impact study. The study shall be
subject to review and modification by the City of Moab Planning and
Engineering staff.
10. Facade Transparency. A minimum of fifty (50) percent of any street -facing building
facade between three feet and eight feet in height shall be comprised of windows that
allow views into and out of indoor spaces. Where unavoidable conflicts with mechanical
or other engineering structures occur, this requirement may be reduced and substituted
with staff approved architectural detailing.
Ordinance #2006-17 Page 9 of 16
11. Entrances and Doors. Commercial or mixed -use buildings adjacent to public streets shall
have a primary entrance door facing a public sidewalk. Entrances at building corners are
encouraged and may be used to satisfy this requirement for corner lots with two public
street frontages.
12. Landscaping and Trees Required. In addition to the landscaping requirements of section
17.09 of this code, the following landscaping treatments shall be required of all Mixed -
Use MPD in established commercial zones:
a. Street trees of an approved variety shall be planted along all public streets unless
otherwise agreed upon during the pre -application conference. All trees shall be a
minimum of 2" caliper measured at 4' above the root ball at the time of planting
and shall be planted at minimum intervals of thirty (30) feet on center.
b. As an alternative to some of the required street trees, developments may provide
pedestrian -scaled light fixtures at the same spacing. However, no less than one
tree per 60 lineal feet of the required walkway shall be required. To increase
business visibility and accessibility, the responsible official may allow breaks in
the required tree coverage adjacent to major building entries
c. Non -vegetative ground covers, including but not limited to, rocks and small
stones, crushed rock, cinders, and bark shall cover no more than 20% of the
landscaped ground surface. Areas covered by such non -vegetative ground covers
shall be broken up as much as possible by live plant materials.
17.65.070 PHASING
1. Phasing. If the proposed MPD is to be constructed in phases, the project as a whole
shall be portrayed in the application and shall require preliminary MPD approval.
Subsequent development phases shall be approved through final MPD approval
process.
17.65.080 MPD REVIEW PROCEDURES
The Master Planned Development review process is intended to provide a means of consolidating
various reviews for large scale projects into a single master plan application and review. A •
Master Planned Development that has an approved Preliminary Development Plan shall only be
required to complete a final plat or site plan review for individual phases or portions of the
development. Any Master Planned Development without phasing shall complete a Final
Development Plan review.
All Master Planned Developments shall be required to follow the following approval process:
1. Steps to approval. There are four required review steps to a Master Planned
Development approval:
a. MPD Pre -application Meeting. A pre -application conference shall be held with
the planning staff and/or Planning Commission in order for the applicant to
generally describe the proposed development concept and receive professional
recommendation based upon the City's requirements; and to become acquainted
with the Master Planned Development procedures and related requirements;
b. Concept MPD Review
c. Preliminary MPD Review
d. Final MPD review; or Site Plan review
Ordinance #2006-17 Page 10 of 16
Master Planned
Step Task
1 Pre -Application
Meeting(s)
Developments,
Advisory
Staff
Approval Process
Approval
Staff
& Authority
Public Hearing
Appeal
2 Complete
Application, Fees
Staff
Staff
*
*
3 Concept MPD
Staff
Planning
Commission
*
BoA**
4 Preliminary MPD
Planning
Commission
City Council
Planning
Commission
(except mixed use
MPD in
commercial zone)
BoA
5 Final MPD
Planning
Commission
City Council
*
BoA
** Board of Adjustments
2. Reduced Submittal Requirements for Mixed -Use Developments. Mixed -use master
planned developments in C-1, C-2, C-3, C-4, and C-5 commercial zones may have
reduced submittal requirements if the following site characteristics exist:
a. No slopes over twenty-five (25) percent exist on the parcel; and
b. The parcel does not contain significant cultural or natural landscape features,
including but not limited to watercourses, rock outcroppings, forested or
vegetated groupings over 4000 square feet; and
c. No portion of the parcel is zoned FC-1; and
d. No portion of the parcel is currently being used for agricultural purposes.
Provided that all of listed the site characteristics exist, the following submittal
requirements shall not be required: Site Inventory, and Significant Features Plan, ..
Under the above listed conditions, City staff may further reduce submittal requirements
as deemed appropriate.
3. Appeal Procedure. Any person adversely affected by any decision under this Chapter
may appeal to the Board of Adjustment by filing a notice of appeal with the City
Recorder within fifteen (15) days from the date of the administrative decision in issue. In
any appeal the complaining party shall have the burden of proof, and the appeal body
shall not overturn the decision unless it was clearly erroneous under applicable law. The
Board of Adjustment decision shall be issued in writing.
4. Exhaustion of Remedies. No person may challenge in district court any decision under
this Chapter until that person has exhausted all administrative remedies and a final
decision is issued by the appeal body. Any such action shall be commenced no later than
thirty (30) days from the date of the final appeal decision.
Ordinance #2006-17 Page 11 of 16
17.65.090 CONCEPT MPD
The concept development plan shall include an area plan that depicts the development site
concept including the locations of existing infrastructure and buildings and shall include the
following;
1. Vicinity plan; The vicinity plan shall include the location of the property, all
adjacent parcels, and existing public or private streets and trails.
2. Site Inventory; including:
a. Topography at minimum two foot contour intervals;
b. Slope inventory showing slopes between 25 and 45 percent and slopes in excess
of 45 percent, including areas of geologic hazard;
c. Natural streams, drainages, washes, and mapped floodways or FC-1 zoned areas;
d. Tree or shrub groupings of 4000 square feet or more;
e. Specimen trees; to include all non-invasive trees measuring 5 inch caliper and
greater;
f. Significant rock outcroppings or formations;
g. Historically or culturally significant landscapes or structures; and
h. Prominent viewpoints and vista areas.
3. Conceptual development plan; The concept development plan shall include a
conceptual layout of all parcels, open space, rights -of -way, building envelopes, and
other features, including the conceptual phasing of the development and a statement
of the overall project design features; and listing or depiction of the following
a. total gross acreage of the site;
b. proposed total number of lots or units;
c. total estimated square footage residential and commercial footprint; and
d. existing easements, rightst-of-way, and interests affecting the site.
4. Architectural concepts. Architectural concepts shall include information sufficient to
describe architectural styles, color schemes, general building heights, and materials.
5. Key Observation Points. During the concept review phase, the Planning Commission
shall establish areas of critical view shed concern by determining Key Observation
Points that may exist along nearby public roads, public gathering spaces, or other
areas deemed by the Planning Commission to be visually impacted by the proposed
development.
17.65.100 PRELIMINARY MPD
The preliminary development plan shall identify the final proposed location of all lots, tracts,
parcels, open space, rights -of -way, building envelopes, and other significant features.
Components of this submittal may be combined into one or more site plans or reports provided
that they are clear, legible and successfully demonstrate their purpose.
A complete preliminary development plan application shall include the following components:
1. Significant features plan. A significant features plan shall include natural and
cultural features from the concept site inventory that will be protected through
delineation of open space or have been integrated into the design of the MPD by
other means. Areas of natural or geologic hazard shall be delineated in the
Significant Features Plan.
2. Open space plan. The open space plan shall include delineated areas within the
development conveyed to common open space as described in section 17.65.040 (2)
in this chapter; and shall consist of the following:
a. The total acreage of open space and acreage of each open space tract;
Ordinance #2006-17 Page 12 of 16
b. The percentage of open space in relation to the gross acreage of the development;
c. The delineation of all open space types as outlines in section 17.65.040 (2) of this
chapter; including:
i. Listed acreage of all designated natural or naturalized open space,
passive recreational open space, active recreational open space, and
public pedestrian amenities.
ii. Percent of designated open space types in relation to the total acreage of
all open space.
3. Traffic, trails and circulation plan. The traffic, trails and circulation plan shall
incorporate the location and design features of all motorized and non -motorized
streets, trails and parking areas; including:
a. circulation of automobile traffic;
b. cross -sections of all street types;
c. emergency vehicle access areas;
d. parking areas and total numbers of spaces;
e. proposed trails or other pedestrian infrastructure; and
f. proposed links to off -site trails and public access areas.
4. Utility Plan. The utility plan shall show existing and proposed utility infrastructure
within the site, including sewers, water mains„ all underground facilities including
telephone, cable television, or data lines, location of fire hydrants or other emergency
infrastructure.
5. Grading and Drainage plan and report. The grading and drainage report shall include
storm water management, erosion control, and grading plans describing the methods
by which surface water, natural drainages, flooding, erosion and sedimentation loss,
and hydrological hazards will be controlled during and after construction. Individual
plans shall include:
a. Existing topography, including elevations, and the clearly delineated location and
depth of all proposed fills and cuts of finished earth surfaces, as well as any
mapped floodways or FC-1 zoned areas; and
b. Locations and proposed details for storm sewers, detention/retention structures,
diversions, waterways, drains, culverts and other water management or erosion
control measures.
c. All Grading and Drainage Plans shall demonstrate that the proposed development
will result in no net increase in off -site stormwater discharge and no net increase
in the base flood discharge depth, as defined in the City's Flood Damage
Prevention Ordinance.
6. Landscape and irrigation plan. The landscape plan shall show all existing and
proposed landscaping, planting details, and irrigation. The plan shall include
information such as the total number of existing trees on site, the trees to be removed,
trees to be planted on site, and a plant list that indicates plant quantity, spacing, size,
and root type. The landscape plan shall be prepared by a licensed landscape
architect.
7. Signage plan. A signage plan shall be submitted in order to ensure long term
aesthetic compatibility of signage throughout the MPD. The signage plan shall
describe the location, size, materials and design of all signage in the development,
including, but not limited to:
a. Temporary signs and signs that will exist during the sales and marketing of the
development;
b. Individual tenant or building signage;
c. Directional and way finding signage;
Ordinance #2006-17 Page 13 of 16
d. Sign colors, materials, and illumination methods;
e. Location and size;
f. Sign lettering style and logos;
g. accompanying ornamental structures;
h. landscaping beds around permanent signs; and
i. drawings and illustrations of proposed sign types.
8. Exterior lighting plan. The exterior lighting plan shall indicate the location, size,
height, typical design, material, color, and method and direction of proposed
illumination and lighting.
9. Architectural Design Plan. Conceptual architectural renderings or perspective
drawings that indicate elevations, exterior wall finishes, and visual character of
proposed buildings types.
10. Phasing Plan. If applicable, the phasing plan shall delineate construction and
anticipated platting schedule of various sub -areas within the development.
11. Codes, Covenants and Restrictions. An MPD shall submit a proposed set of codes,
covenants and restrictions which shall be recorded following approval of their
content and the approval of the Final MPD . Covenants shall demonstrate
compliance with the use restrictions, architectural plans, and attributes of the
development, and shall provide a mechanism for enforcement of restrictions, as well
as provisions for the ownership and maintenance of common areas, open space, and
other project improvements.
12. Other. Any other applicable studies or reports as required by the land use authority
or staff, or as required by other provisions of the Moab Municipal Code. Such
reports include, but are not limited to, geo-technical reports, soils reports, slope
inventories, and traffic impact analysis reports.
13. Illustrative Renderings. Illustrative conceptual design, drawings, visual aides,
models, sections, or any other requirements the land use authority feels would help
understand the concept.
14. Title Report. The applicant shall deliver an ownership and encumbrance report, title
commitment, or similar report showing current ownership of the subject real property
and including copies of all deeds or other instruments affecting title to the MPD site.
The application shall be signed by the current owner of record.
17.65.110 FINAL MPD
After the preliminary plan has been approved by the Planning Commission, the applicant shall
submit prints of a final plan to the planning commission through the zoning administrator for
approval thereof, showing in detail the following information:
1. Site Plan. Detailed site plan with complete dimensions showing precise locations of
all buildings and structures, lot or parcel sizes and locations, designations of open
spaces and special use areas, detailed circulation pattern including proposed
ownership;
2. Building Plans. Preliminary building plans, including floor plans and exterior
elevations;
3. Landscape Plan. Detailed landscaping plans produced and stamped by a registered
landscape architect showing the types and sizes of all plant materials and their
locations, decorative materials, recreation equipment, special effects, and sprinkler or
irrigation systems;
4. Parking Plan. Dimensioned parking layout showing location of individual parking
stalls and all areas of ingress or egress;
Ordinance #2006-17 Page 14 of 16
5. Engineering Plan. Detailed engineering plans and final subdivision plat showing site
grading, street improvements, drainage and public utility locations. Also, submission
of the engineering feasibility studies if required by the zoning administrator;
6. Covenants. A copy of protective covenants, articles of incorporation, bonds and
guarantees, as required by the zoning administrator and/or the city attorney;
7. Title. A certificate of title showing the ownership of the land;
8. Certificate of Acceptance. A certificate of acceptance by the city council for any
dedication of public streets and other public areas, if any, that are made by the
owners;
9. Accuracy of Survey. A certificate of accuracy by an engineer or land surveyor
registered to practice in the state of Utah.
10. Consistency with Approvals. All Final MPD submittals shall be reviewed for
consistency with this Chapter and all Preliminary MPD approval conditions.
17.65.120 DEVELOPMENT AGREEMENTS
Once the land use authority has approved either the (a) phased Preliminary Master Planned
Development or, (b) Final Master Planned Development, the approval shall be put in the form of
a Development Agreement. The Development Agreement shall be in a form approved by the City
Attorney, and shall contain, at a minimum, the following:
1. A legal description of the land;
2. All relevant zoning parameters including all findings, conclusions and conditions of
approval;
3. An express reservation of the future legislative power and zoning authority of the City;
4. A copy of the approved master plan, architectural plans, landscape plans, grading plan,
trails and open space plans, and other plans which are a part of the Planning Commission
approval;
5. A description of all developer exactions or agreed upon public dedications;
6. The Developers agreement to pay all specified impact fees;
7. The form of ownership anticipated for the project and the specific project phasing plan;
8. Financial guarantees for all required improvements;
9. Final Covenants, Conditions, and Restrictions.
The Development Agreement shall be ratified by the land use authority, signed by the City
Council and the Applicant, and recorded with the County Recorder. The Development Agreement
shall contain language which allows for minor, administrative modifications to occur to the
approval without revision of the agreement. The Development Agreement must be submitted to
the City within six (6) months of the date the project was approved by the land use authority, or
said approval shall expire.
17.65.130 AMENDMENT PROCEDURES
An approved MPD, or subsequent revision thereto, shall be binding as to the general intent and
apportionment of land for buildings, sewage disposal, storm management, sensitive area
protection, stipulated use, circulation pattern, domestic water and landscaping. Amendments that
change the character, basic design, building density and intensity, open space or any other
requirements and conditions contained in the MPD shall not be permitted without prior review
and approval by the Planning Commission. If approved, amendments shall be clearly depicted as
• a revision to approved plans.
Ordinance #2006-17 Page 15 of 16
1. Minor Changes. Minor changes in the location and placement of buildings may be authorized
by the Moab City planning department staff where unforeseen circumstances, such as engineering
requirements, dictate such change. When in question, the Moab City planning staff may
determine whether the changes shall be classified as a minor or major, or may refer the question
to the land use authority, if deemed necessary.
2. Major Changes. Major changes, such as alterations in structural types, in the shapes and
arrangements of multiple lots and blocks, in the allocation of open space or other land uses which
increase density and/or intensity of the project, in project phasing, and all other changes which
significantly affect the overall design or intent of the project shall be referred to the land use
authority, after which the authority shall consider and shall either approve or deny, the changes in
the final development plan. If such changes are authorized, the developer shall submit a revised
plan showing the authorized changes.
17.65.140 COMPLIANCE WITH THE APPROVED DEVELOPMENT PLAN
1. Enforcement. If the Moab City planning staff determines that the development
substantially differs from the approved plans, the City shall notify the developer in writing.
Thereafter, if the violation or departure from approval conditions is not cured or abated, the
building official or zoning administrator may issue orders to the developer including, but not
limited to:
a. Revoking MPD plan approval;
b. Revoking or terminating the issuance of building permits;
c. Commencing a civil action to enjoin or abate the violation of this Chapter or any
MPD plan or development agreement;
d. Enforcing any remedies in any development agreement; and/or
e. Proceeding with any other remedies authorized pursuant to U.C.A. § 10-9a-802,
10-9a-803.
2. Fees and Costs. In any civil enforcement action under this Chapter the City, upon
showing proof of a violation under this Chapter or any approval or agreement pursuant to this
Chapter, shall be entitled to recover its reasonable attorney fees and court costs in addition to any
other relief authorized herein.
THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body
of Moab City Council on Qtc .an.R . 1 `i , 2006
David L. Sakrison, Mayor
Rachel Ellison, Recorder
Ordinance #20(16-17
Page 16 of 16
CITY OF IIIpJIB
ORVfNAJ ES
#2oae-16
AND #2006-17
AN ORDINANCE
AMENDING THE CITY
OF MOAB LAND USE
CODE IMPLEMENT-
ING THE SAR, SENSI-
TIVE AREA RESORT
ZONE DISTRICT
-AND-
AN ORDINANCE
AMENDING THE CITY
OF MOAB LAND USE
CODE IMPLEMENT-
ING THE MASTER
PLANNED DEVELOP-
MENTS (MPD) LAND
U$E ORDINANCE
Ordinances-f
#2006-16 and #2006-
17 were adopted at a
Regular City Council
Meeting held on De-
cember 1.9, 2006 at
the Moab City Council
Chambers, 217 East
Center Street, Moab,
Utah B4532. Com-
plete copies of Ordi-
nances #2006-16 and
#2006-17 are available
online at: www.moabc-
ity.org or at the City of
Moab Recorder's Of-
fice at 217 East Cen-
ter Street. Moab, Utah
84532
/s/ Rachel Ellison, City
Recorder
Published in the
Times -Independent.
Moab, Utah on January
11, 2006.
Proof of Publication
STATE OF UTAH,
ss.
County of Grand,
Samuel J. Taylor, Adrien F. Taylor, or Zane W. Tay-
lor, being first duly sworn according to law, deposes and
says: That he/she is the co-pubisher of The Times -Inde-
pendent, a weekly newspaper of general circulation, pub-
lished every Thursday at Moab, Grand County, State of
Utah; that the notice
City of Moab Ord # 2006-16 and # 2006-17
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for a
period of 1 consecutive issues, the first publication date
having been made January 11, 2007
; and the last on
; and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the newspa-
per proper and not in a supplement thereof.
o-Publisher
Subscribed and sworn before me this
4ti
Notary Public
Residing in Moab, Utah
My Commission Expires
NOTARY PUBLIC
SADIE WARNER
4481 Easy Street
Moab, Utah 84532
My Commission Expires
November 18, 2009
STATE OF UTAH