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HomeMy Public PortalAboutORD-CC-2013-15ORDINANCE #2013-15 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.24.020, USE REQUIREMENTS, AMENDING THE LISTED USES OF THE C-3 COMMERCIAL ZONE AND 17.27.020, USE REQUIREMENTS, AND AMENDING THE LISTED USES OF THE C4 COMMERCIAL ZONE, ALLOWING EMPLOYEE HOUSING TO BE CONSTRUCTED IN CONJUNCTION WITH NON-RESIDENTIAL DEVELOPMENTS WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the Council adopted the Grand County and City of Moab Housing Study and Affordable Housing Plan in an effort to provide housing for all groups of people and to investigate options for the encouragement of housing development; and WHEREAS, the City has determined that providing employee housing is an important element in stabilizing the employee pool in Moab by aiding in the retention of a trained workforce; and WHEREAS, the City of Moab Planning Commission ("Commission") has reviewed the uses in the commercial zones and determined that affordable workforce housing developed in conjunction with a nonresidential development will provide housing for local employees of the business; and WHEREAS, Commission, in a duly advertised public hearing held on October 10, 2013, met to hear testimony and determine the merits of the changes to Chapter 17.24.020, Use Regulations, for C-3 Zone, and 17.25.020, Use Regulations, for the C-4 Zone of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that the Council adopt the amended language and that adoption of Ordinance #2013-15 is in the best interests of the citizens of Moab; and, WHEREAS, the Commission found that the proposed changes to said code chapters would benefit the City and public at large and insure that more options for employee housing can be considered when associated with an application for non-residential development; and WHEREAS, the Council agrees with the Commission and found that the amendments to the code are in the best interests of the City and residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-15 is hereby adopted to amend the Municipal Code Chapterl 7.24.020, Use Requirements, for the C-3 Zone as set forth below and additional uses be renumbered accordingly, if necessary: 17.24.020 Use requirements. 28. Dwellings and apartment houses are permitted on the ground floor only when constructed Ordinance #2013-15 Page 1 of 3 in conjunction with, and as an accessory to, a commercial use. Such dwellings and apartment houses on the ground floor must adhere to the following standards: a. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; b. The housing units shall be located on the business property or on a directly adjacent property; c. Housing shall meet all residential standards of the International Building Code; d. The lease term shall be for a period of not less than 31 days; e. In no case shall employee housing be physically located in front of a building; f. Employee housing may be allowed at a rate of up to twenty (20) percent of the commercial structure or two units per 10,000 sq ft of the floor area of the commercial structure and shall not exceed 1,000 sq ft per unit in size; and g. Off street parking shall be provided at a rate of 0.75 spaces: unit. i. An exception to the required employee housing parking spaces may be granted by the Planning Commission if the applicant can show that more than sufficient parking exists for the commercial use. 29. Other dwellings and apartment houses are not permitted on the ground floor but dwellings above the ground floor of a nonresidential structure shall be permitted; AND THAT, Municipal Code Chapter' 7.27.020, Use Requirements, for the C-4 Zone is amended to read as set forth below and additional uses be renumbered accordingly, if necessary: 17.27.020 Use requirements. 28. Dwellings and apartment houses are permitted on the ground floor only when constructed in conjunction with, and as an accessory to, a commercial use. Such dwellings and apartment houses on the ground floor must adhere to the following standards: a. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; b. The housing units shall be located on the business property or a directly adjacent property; c. Housing shall meet all residential standards of the International Building Code; d. Housing shall house employees for a period of not less than 31 days; e. In no case shall employee housing be located in front of buildings and such units shall be located in the rear portion of commercial business structures; f. Employee housing may be allowed at a rate of up to two units per 10,000 sq ft of the floor area of the commercial structure and shall not exceed 1,000 sq ft per unit in size; and g. Off street parking shall be provided at a rate of 0.75 spaces/unit. i. An exception to the required employee housing parking spaces may be Ordinance #2013-15 Page 2 of 3 granted by the Planning Commission if the applicant can show that more than sufficient parking exists for the commercial use. 29. Other dwellings and apartment houses are not permitted on the ground floor but dwellings above the ground floor of a nonresidential structure shall be permitted; Passed and adopted by action of the Governing Body of the City of Moab in open session this 225``1 day of October, 2013. City of Moab,, 4,z...--: Mayor David L. Sakrison Rachel E. Stenta City Recorder Ordinance ##2013-15 Page 3 of 3