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HomeMy Public PortalAboutRES-CC-2008-01CITY OF MOAB COUNCIL RESOLUTION NO.01-2008 A RESOLUTION CONDITIONALLY APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED ON NORTH MAIN STREET IN THE C-3 CENTRAL COMMERCIAL ZONING DISTRICT FOR THE CONSTRUCTION OF A HAMPTON INN WHEREAS, Mr. James P. Koehler, 2011 8th Avenue NE, Aberdeen, South Dakota, 57401, as the Owner of record ("Owner") of property located at 488 North Main Street has applied for a review of commercial site plan through his agent, Ted R. Locke, Architect, with offices at 1365 Garden of the Gods Rd., Suite 130, Colorado Springs, Colorado, 80907 for the construction of an eighty-one (81) room hotel; and, WHEREAS, the applicant has furnished the following legal description of the property known as Parcel "B" that the City neither accepts nor denies as accurate but is more particularly described as: A parcel of land within the SE1/4 Section 36, T 25 S, R 21 E, SLM, Moab City, Grand County, Utah, more particularly described as follows: Beginning at a point which bears N 55°3120"E 630.51 ft from the S 1/4 comer section 36, T 25 S, R 21 E, SLM, and proceeding thence N 19°07'00'W 345.30 ft., thence N 89°40' 00"E 654.30 ft., thence S 477.27 ft (Record=476.50 ft.) thence S 89°55'00'W 1298.40 ft., thence S 63°09'00"W 14.20 ft. thence west 89.00 ft., to the point of beginning and containing 5.97 acres more or less. WHEREAS, the City adopted hillside development regulations in order to promote the health, safety and the general public welfare of the residents of the City by establishing standards for the development and excavation of hillside and slope areas so as to minimize soil and slope instability and erosion and to preserve the visual and aesthetic character of the surrounding hillsides; and, WHEREAS, the Owner has submitted to the Planning Commission (the "Commission") an application for a Hillside Development Permit for construction of parking areas, landscaping, and open space in association with and as accessory to construction of an eighty-one (81) room Hampton Inn; and, WHEREAS, the Commission held a review on the application in a regular meeting held December 13, 2007, to review said application and hear public testimony regarding the proposal; and, WHEREAS, the Commission adopted Resolution No. 2007-07, subsequent to said review, and favorably recommends that Council approve the Hillside Development Permit with certain conditions; and, WHEREAS, Moab City Council ("Council") in a regularly scheduled meeting held on January 8, 2008 reviewed the application for compliance with the Hillside development regulations as set forth in code Chapter 17.55, Hillside Developments; and, WHEREAS, having considered public comment, Staff recommendations, and discussion of the aspects of the development related to hillside development regulations, Council does hereby find, determine, and declare, that all applicable provisions of the Moab Municipal Code have or can be met; Resolution #01-2008 Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE MOAB CITY COUNCIL, that the Hillside Development Permit for commercial development of the above described Parcel "B" with a parking lot, storm water structures, and landscaping and providing open space is HEREBY approved with the conditions listed below: 1. Storm water management system shall be developed through on -going review and discussions with City Staff; 2. The concerns stated by City Engineer Dan Stenta relating to the storm water retention ponds shall be adequately addressed and approved by Staff. 3. Development of Lot B will not be allowed outside of the areas contemplated by the approved site plan and Hillside Development Permit. 4. Prior to construction, a detailed grading and excavation plan indicating timelines for all activities and a materials disposal area must be submitted to the City Engineer for review and approval. PASSED AND ADOPTED by action of the Moab City Council in open session this 8th day of January, 2008, ATTEST: Rachel Ellison Moab City Recorder Resolution #01-2008 Page 2 of 2 Dave Sakrison Mayor