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HomeMy Public PortalAboutORD-CC-2008-03ORDINANCE 2008-03 AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE, BY PROVIDING A PROCESS FOR REVIEW OF APPLICATIONS TO AMEND THE OFFICIAL MOAB ZONING MAP AND FOR REVIEW OF ZONING TEXT AMENDMENTS WHEREAS, the City of Moab adopted Chapter 17, Zoning, of the Moab Municipal Code in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and, WHEREAS, it was identified by Staff and the Planning Commission that an application process and criteria for review of map amendments were not included in the Land Use Code; and WHEREAS, it was identified by Staff and the planning Commission that similar use determinations under existing code provisions require different processes to ensure uniform outcomes and compliance with current lay; and WHEREAS, Staff, at the direction of the Planning Commission, drafted Ordinances 2008-03 and 2008-04 for review by the Commission in a public hearing on March 13, 2008; and, NOW, THEREFORE, the City Council hereby declares that references to "similar uses" in the Use Regulations and Use Requirements of Chapters 17.18.020(R), 17.20.020(14), 17.21.020(18),17.24.020 (28), 17.27.020 (28), 17.30.020 (S), 17.32.020(6), 17.33.020 (F),17.35.020 (4), 17.36.020 (K), 17.37.020 (8), and 17.54.020(P) are hereby repealed and superseded by this Ordinance 2008-03. In addition, existing section 17.12.130 through 17.12.160 of the Moab Land Use Code are repealed and replaced with the enactment of the following: Chapter 17.04 17.04.010 Zoning Map Amendments and Text Amendments. Initiation of Zoning Change. Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the Planning Commission can, on its own motion or on request from the City Council, propose, study, and recommend changes to the Official Zoning Map or the text of the Land Use Code. All costs associated with publication and notification requirements are the responsibility of the applicant. 17.04.020 Zoning Text Amendments. (a) Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. (b) Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. (c) Similar Use Determination Repealed. Text amendments pursuant to this Chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. 17.04.040 Zoning Map Amendments. Purpose. The purpose of a zoning map amendment shall be to alter, enlarge, or reduce the geographic extent of any zoning district, or to enact a new zoning designation for any particular tract of real property. 17.04.040 Application for Zoning Map Amendment or Text Amendment. (a) Any person having a proprietary interest in any real property within the corporate limits of the City may request a map amendment or text amendment by filing three (3) copies of the application for such change or amendment with the Zoning Administrator. The application shall, at a minimum, include the following information 1. The name, address, and telephone number of the applicant; 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; 4. A statement from the County Treasurer showing payment in full of all real property taxes due on such parcel; 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred (300) feet in all directions of the subject property boundary; 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred (300) feet of the exterior boundary of the parcel proposed for a zoning map amendment. 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this Chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the City Council; and 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned by the applicant. (b) Pre -Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the Planning Department to discuss the proposed application. At the pre -application meeting the application contents, review Ordinance #2008-03 Page 2 of 6 procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre -application stage. (c) Modifications of Submittals. City Staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific application. 17.04.050 Map Amendment Policy Declaration. For the purpose of establishing and maintaining sound, stable and desirable development within the City of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City's General Plan. 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. 3. 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. 17.04.060 Map Amendment Approval Criteria. The Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment: 1. Was the existing zone for the property adopted in error? 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? 3. Is there a need for the proposed zoning within the area or community? 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? 5. Will benefits be derived by the community or area by granting the proposed zoning? Ordinance #2008-03 Page 3 of 6 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? 7. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? 17.04.070 Text Amendment Approval Criteria It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the City of Moab, amendments to the Land Use Code are committed to the sound discretion of the City Council based upon the following nonexclusive list of criteria: 1. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? 2. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the City's General Plan? 3. Is the amendment consistent with the policies and goals of the General Plan? 4. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? 5. Is it in the public interest to approve the proposed amendment? 6. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? 7. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? 8. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? 17.04.080 Public Hearing Required. (a) Upon receipt of a complete application under this Chapter City Staff shall promptly schedule a public hearing before the Planning Commission. (b) Within thirty (30) days following the closing of the public hearing, the Planning Commission shall either recommend approval, approval with modifications, or disapproval of the application to the City Council. The recommendation of the Planning Commission shall be transmitted to the City Council and to the applicant within ten (10) days of the recommendation. Ordinance #2008-03 Page 4 of 6 (c) City staff may provide a staff report, which shall be provided to the applicant no later than three (3) days prior to the public hearing or public meeting before City Council. 17.04.090 Notification Requirements for Planning Commission Public Hearing. (a) The City shall provide notice with respect to the Planning Commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the City at least fifteen (15) days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred (300) feet of the subject property at least ten (10) days prior to the hearing; and 3. By posting on the City's official website and in at least one public place within the City, which notice shall also include a map showing the land area proposed for rezoning. (b) Property Posting. In addition to the notifications by the City, the applicant shall post signs, in a form acceptable to the City, noticing the public hearing in at least one location every five hundred (500) feet along the perimeter of the land area proposed for map amendment at least three (3) days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the Zoning Administrator. (c) Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the Official Zoning Map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posing notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. 17.04.100 Action by City Council. (a) The City Council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the Planning Commission recommendation. (b) Notice of the public meeting shall be given to the applicant and by posting in at least one (1) place within the City and by posting on the City's official website at least twenty four (24) hours prior to the meeting. (c) In its discretion, the Council may elect to receive testimony or evidence from the applicant, City staff, and the public prior to taking final action on the ordinance. (d) The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the City Council. Ordinance #2008-03 Page 5 of 6 17.04.110 Appeals. (a) Any person adversely affected by the final decision of the City Council pursuant to this Chapter may appeal that decision to the Grand County District Court. (b) An appeal or any other judicial action arising from, or seeking review of, a decision by the City Council under this Chapter must be filed no lather than thirty (30) days from the date of the final decision or action that is the subject of the action or legal claim. Any action commenced beyond that time is barred and shall be subject to summary dismissal. (c) Review of any zoning map amendment or text amendment application shall be based upon the record of proceedings before the City Council. Upon the commencement of a judicial appeal challenging any decision under this Chapter, the City shall transmit to the District Court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. 17.04.120 Processing Matrix. This matrix shall be amended to delete review procedures for "similar use review and to include the following: Application Advisory Body Map amend. Planning Comm. Text amend. Planning Comm. Land Use Auth. City Council City Council Appeal Body Pub. Hearing Dist. Ct. Dist. Ct. Yes, P.C. Yes, P.C. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 8, 2008. David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Ordinance #2008-03 Page 6 of 6 m ` =?`CITY OF MOAB PLANNING COMMISSION PUELIC HEARING PROPOSED ORDINANCE 2008-03 The City of Moab Planning Commission will hold a Public Hear- ing on Thursday, Feb- ruary 28, 2008 at ap- proximately 6:D0 in the Council Chem- bers of the Moab City Offices at 217 East Center Street, Moab, Utah. The. purpose of this Public Hearing is to solicit public input on proposed Ordinance 2008-03, an ordinance amending Title 17.00 of the City of Moab Municipal Code by providing a process for review of applications to amend the Moab Land Use Code and amending Chapter 17.06, Definitions, by providing a definition of similar use. The proposed or- dinance is available for public review at the Moab ÔéČity Planning Office located at 217 East Center Street and on the website at www.moabcityorg. Written public c om- ment may be directed to the Planning De- partment at the listed address and will be accepted until noon on the day of the public hearing. In compliance with the Americans with Disabilities Act, individuals needing special accommoda- tions during this meet- ing should notify the Planning Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5129 at least three (3) work- ing days prior to the meeting. /s/ Sommar Johnson Zoning Administrator Published in The Times -Independent, Moab, Utah February 14 and 21, 2008. Proof of Publication STATE OF UTAH, ) County of Grand, ss. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance 2008-03 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 2 consecutive issues, the first publication date having been made February 14, 2008 ; and the last on February 21, 2008 ; 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. Publisher Subscribed and sworn before me this geALU,A-- Notary Public Residing in Moab, Utah My Commission Expires NOTARY PI BI.Ic SADIE WARNER 4481 Easy Street Moab, Utah 84532 My Commission Expires November 18, 2009 STATE OF UTAH