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Home My Public Portal AboutORD-CC-2009-08ORDINANCE #2009-08 AN ORDINANCE AMENDING CHAPTER 17.31, RC- RESORT COMMERCIAL ZONE, AND SPECIFICALLY, SECTION 17.31.020, USE REGULATIONS, BY ALLOWING THE CONDITIONAL USES AS PERMITTED USES BY RIGHT WHEREAS, the Moab City Council ("Council') adopted Title 17.00.00, also known as `The Zoning Ordinance of Moab City, Utah" on May 19, 1954, in an effort to encourage and facilitate orderly growth and development, promote a more attractive and wholesome environment, and to protect the public health, safety and general welfare; and, WHEREAS, Council, with the approval of Ordinance No. 2002-04 on July 9, 2002, adopted Chapter 17.31, RC Resort Commercial Zone (RC Zone) to implement the Moab/Grand County North Gateway Plan ("Gateway Plan") that is intended to create a positive first impression of the City of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest -oriented and local -oriented commercial uses in an urban setting; and, WHEREAS, the City, from time to time, has found it necessary and desirable to amend the regulations and requirements of Title 17.00, Zoning, to remain current with changing elements of society and contemporary planning and development patterns; and, WHEREAS, Section 17.31.020, B, establishes the conditional uses of Outfitters and guide services and facilities, Outdoor recreational uses, commercial, Recreational vehicle/ travel trailer park; and, WHEREAS, it has been realized that these uses contribute to the characteristic of the zone and have processes for additional review that include commercial site development plan review and may be subject to supplementary regulations that will establish standards for the development and continued operation of these uses; and, WHEREAS, it is desirable to minimize the review process for the listed uses for the zone to provide an uncomplicated means for approval of new businesses; and, WHEREAS, the City of Moab Planning Commission held a duly advertised public hearing on April 23, 2009, and May 14, 2009, to hear and consider testimony in support and opposition of amending the text of the Code to permit the uses of Outfitters and guide services and facilities, Outdoor recreational uses, commercial, Recreational vehicle/ travel trailer park as permitted uses in the RC Zone; and, WHEREAS, the Planning Commission, after consideration and review of the submitted testimony, favorably recommended that Council approve Ordinance #2009-08; and, WHEREAS, Council, in a regularly scheduled open meeting on June 9, 2009, considered the public testimony and the recommendations of the Planning Commission and City Staff in reviewing the proposed code amendment; and, Ordinance #2009-08 Page 1 of 4 WHEREAS, Council has determined that said uses are in keeping with the objectives and characteristics of the RC Zone and confirm that they are acceptable activities in the zoning district as well as with the General Plan. NOW, THEREFORE, the Moab City Council hereby amends Chapter 17.31, RC Resort Commercial Zone by repealing Section 17.31.020, A, Permitted Uses, and B, Conditional Uses, as written and adopting the following to read: 17.31.020 Use regulations. A. Permitted Uses. The following uses shall be permitted -by -right: 1. Accessory buildings and uses; 2. Bed and breakfasts; 3. Caretaker or guard residence, accessory; 4. Custom personal services; 5. Dwelling, duplex; 6. Dwelling, multi -family; 7. Dwelling, single-family; 8. Municipal facilities and services; 9. Gasoline service station, subject to the supplementary regulations of Section 17.31.050(B); 10. General retail (indoors); 11. Hotel or motel; 12. Office, business or professional; 13. Restaurant, general. 14. Outfitters and guide services and facilities; 15. Outdoor recreational uses, commercial; 16. Recreational vehicle/ travel trailer park, subject to the supplementary regulations of Section 17.31.050(C). AND, THAT, the Moab City Council hereby amends Chapter 17.06.020, Definitions, adopting the following to read: "Outdoor recreational uses, commercial". Outdoor recreation uses are those activities that: • are undertaken outside the confines of buildings; • may or may not involve organized competition or formal rules; • can be undertaken without the existence of any built facility or infrastructure; • may require large areas of land, water and/or air; • may require outdoor areas of predominantly unmodified natural landscape Facilities, site modification or infrastructure may be provided to manage the impacts generated by the activities. However, outdoor recreation activities can be undertaken without facilities, site modification or infrastructure. Such activities can be active or passive. Active outdoor recreational activities include but are not limited to the following: Ordinance #2009-08 Page 2 of 4 Outdoor Recreational Activities Ballooning Kite flying Boating/sailing Motor/trail bike riding Camping: RV's/tents/rustic lodging Mountain bike riding Canoeing Multi purpose trail use Nature studies Canyoneering Orienteering Caving Outdoor festivals Climbing Parachuting Collecting Photography Conservation activities Picnicking Cycling: Rafting Paved or off -road Ropes courses Dog Park Sailboarding Fishing Scuba diving Four -wheel -driving Skate parks:Skateboarding/ rollerblading /mountain boarding Golfing Snorkeling Hang-gliding/para-gliding Hiking Touring Horse riding Trail - Running on an unpaved trail Day hiking on an unpaved trail Backpacking Rock climbing (rock or ice) Informal concerts Walking Jet skiing Water parks/pools with play features Kayaking Wildlife Viewing/Bird and wildlife Waterskiing A passive activity area is an area within an outdoor recreation site which provides an opportunity for such less athletic recreational pursuits as pleasure walking, rest and relaxation, and informal picnicking. Such areas are generally maintained in a natural state, except for minimal clearing for paths, trails, sitting areas, walkways or auxiliary structures. However, landscaped areas with maintained lawns, shade trees, and benches may also be used. Passive recreation generally encompasses the less intensive range of outdoor activities compatible with preserving natural resource functions such as wildlife habitat and floodplain protection. Conservation areas and their associated trail systems provide excellent opportunities for low impact activities like hiking, bird watching, and picnicking on a carry -in, carry -out basis. Ordinance #2009-08 Page 3 of 4 Summary of Outdoor Recreation Facilities Baseball and Softball Fields Playground Areas Boating Access Racquetball courts Basketball Courts Restrooms Beach/Pond/Lake Swimming Scenic overlooks Camping Shelters/gazebos/pavilions Football/soccer Fields Swimming Pools Fishing Access Tennis Courts Gardens Trails Golf Courses/ driving ranges/practice and putting greens/tee boxes Volleyball Courts Historic or Educational Sites Water parks Picnic Areas Winter Sports Access Service areas: maintenance facilities/ storage buildings/ dumpsters/ loading areas/accessory uses intended primarily for the servicing of the recreational facility or associated equipment PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on June 9, 2009. SIGNED:(1 (44 01 David L. Sakrison, Mayor (7ST: Rachel Ellison, Recorder Ordinance #2009-08 Page 4 of 4