HomeMy Public PortalAboutRES-CC-2007-13Resolution #13-2007
A RESOLUTION GRANTING AN EXCEPTION TO THE SIDEWALK
REQUIREMENT AS SET FORTH IN THE MOAB MUNICIPAL CODE SECTION
12.08.060 ALLOWING FOR A WAIVER OF THE REQUIREMENT TO
CONSTRUCT SIDEWALK ALONG ALL STREET FRONTAGES FOR THE
MOUNTAIN AMERICA COMMERCIAL SITE PLAN
WHEREAS, Moab Municipal Code Section 12.08.060 provides that sidewalks, curbs and
gutters are required at time of construction and that sidewalks, curbs and gutters shall be
installed along all street frontage of any building lot at the time of construction upon that lot;
and
WHEREAS, Moab Municipal Code Section 12.08.060 also provides that the City Council
may grant an exception to this requirement if it determines that the frontage of the lot in
question is excessive; and
WHEREAS, the Moab City Planning Commission approved at their June 14, 2007 Regular
Planning Commission meeting the Commercial Site Plan for Mountain America Credit
Union to be located at approximately 1047 South Highway 191, Moab, Utah, subject to
various conditions including the approval of an exception by the City Council that allows the
Mountain America Credit Union to forgo construction of the sidewalk along Bittle Lane at
the north boundary of the Mountain America Credit Union Property; and
WHEREAS, City staff have recommended granting of this exception based on a number of
factors outlined in the attached staff report; and
WHEREAS, one of the considerations in recommending the exception is the developer's
willingness to construct storm water drainage improvements that run down Bittle Lane and
into the City's storm water drainage system as described in the attached Improvements
Agreement; and
WHEREAS, the Mountain America Credit Union's request for exception indicates that the
exception is requested based on the anticipated construction of the storm water drainage line
on Bittle Lane; and
WHEREAS, am Improvements Agreement that provides for the construction of these
improvements has been presented to this meeting of the Moab City Council.
NOW THEREFORE, WE THR GOVERNING BODY OF THE CITY OF MOAB do hereby
resolve to approve the exception to Moab Municipal Code Section 12.08.060 allowing
Mountain American Credit Union to forego construction of approximately 230 feet of
sidewalk along Bittle Lane at the north boundary of the Mountain America Credit Union
property line, provided that the aforementioned Improvements Agreement is approved by
both the City and the applicant, and provided that Mountain America Credit Union constructs
the storm water drainage improvements referred to in the Improvements Agreement as
Resolution #13-2007 Page 1 of 2
Option 2, and that the project meet all other conditions imposed on it by the City Planning
Commission.
Passed and adopted by action of the Governing Body of the City of Moab in open
session this 26th day of June, 2007.
David L. Sakrison, Mayor
Rachel Ellison, Recorder
Resolution #13-2007 Page 2 of 2