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HomeMy Public PortalAboutMIN-CC-2017-02-01MOAB CITY COUNCIL MINUTES SPECIAL CITY COUNCIL WORKSHOP MEETING FEBURARY 1, 2017 The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. Many of the documents referred to are available on the City's digital archive at www.moabcity.org under Lionsback Library (https://drive.google.com/drive/folders/OB3xcEVsVfLMOTmw4Nk12Sm9 JUms). Councilmember Kyle Bailey called the Workshop to order at 12:03 PM. In attendance were Councilmembers Kyle Bailey, Rani Derasary, Heila Ershadi, and Tawny Knuteson-Boyd. Also in attendance were Interim City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Planner Jeff Reinhart, Community Services Director Amy Weiser, City Engineer Phillip Bowman, City Attorney Chris McAnany, Public Works Director Pat Dean, and Planning Assistant Sommar Johnson. The Workshop consisted of a Council Briefing on the Lions Back Development. There were twenty members of the public and press in attendance. City Planner Jeff Reinhart presented information with input from other staff. The presentation began with history of the use of the property and the zoning and annexation history. He noted the lawsuit regarding the proposed resort development that lasted from 2008 to 2012. Reinhart outlined the planning zone guidelines and planning process for such a development, as well as landscape requirements and lighting restrictions, parking and amenities planned, and the scope of the phased project. He mentioned a culvert upgrade on Sand Flats Road and outlined the storm water system and proposed sanitary sewer system. He went on to describe the development's plans for Sand Flats Road. He described what has been approved so far, and then went on to introduce what is proposed for the amended plan. Interim City Manager Everitt asked about whether the proposed changes meet the intent of the visual impact zoning expectations with regard to sensitive areas. Reinhart stated that they do. Reinhart February 1, 2017 Page 1 of 5 SPECIAL WORKSHOP MEETING & ATTENDANCE WORKSHOP explained that the development requires approval of the Final Plat, which is the current juncture in the process. He mentioned concerns about the Drinking Water Protection Plan. He stated the plan is comprehensive and he outlined potential contaminants to the water table. He stated the developers do address and attempt to mitigate all the potential contamination issues. Reinhart showed how the development overlaps the City's Skakel Springs water protection area boundary. Reinhart stated that it is possible to build in this area. City Attorney McAnany asked if that area was considered Zone Two and Reinhart replied that it was. Councilmember Bailey asked if all of the sewer pipes and infrastructure were within the City (not Spanish Valley) and Reinhart stated they are. He went on to describe a proposed new road that would parallel Sand Flats Road to access the property. Interim City Manager Everitt asked for clarification that the road improvements proposed in sheet C-2 were not on the project property. Reinhart suggested there might be a property assessment to pay for some infrastructure expenses for the City, and outlined the proposed financial structure for the improvements. Councilmember Bailey asked if there was a real estate transfer fee and Reinhart affirmed that there was. He pointed out the Agreements associated with the project, and then outlined the Amendment procedures, specifically the difference between major and minor changes. He presented a written legal position provided by City Attorney McAnany describing the proposed changes as major changes. City Attorney McAnany then reviewed the history of the lawsuit, followed by his communications with the State and Institutional Land Trust Administration (SITLA) regarding their objection to McAnany's recommendation that the amendments be considered major changes, as well as their position that SITLA is exempt from local land use code and they objected to the delay caused by the public process required for major changes. SITLA sent an agreement stating that they can withdraw this development from local land use planning processes or SITLA would allow the current planning process to continue only if the City considers the changes as minor changes, thereby subject to staff level review only. Councilmember Ershadi commented that she felt uncomfortable with February 1, 2017 Page 2 of 5 39 minutes 45:01 using the major versus minor change as a bargaining tool for the overall approved development. City Attorney McAnany reiterated that he believes the changes are major. Interim City Manager Everitt clarified that the topic was subject to internal debate, and the staff determined it was a major change. Councilmember Derasary also felt it was a major change. Councilmember Ershadi mentioned public comment about the proposed development and emphasized citizen concerns about public health and safety related to drinking water source protection and traffic and safety on Sand Flats Road. Planner Reinhart stated that the developer has done everything required. City Attorney McAnany added that the water source protection plan was carefully studied prior to the original approval, and those issues were litigated as part of the lawsuit. Councilmember Ershadi suggested that having an expert examine the plan and findings would give the City and residents an extra layer of protection. She asked about how liability would work in the event the drinking water source becomes contaminated. City Attorney McAnany explained there are several mechanisms, including revoking development permits or criminal or civil actions. Councilmember Ershadi asked for the language to be specified in the agreement. McAnany pointed out this would require changing the agreement that was approved by the former Council. Councilmembers Bailey and Derasary asked for clarity regarding the process required with a major change. Councilmember Derasary also asked about storm water retention and discharge from the site. Councilmember Knuteson-Boyd asked about square -footage of the casitas. City Attorney McAnany responded that the sizes of the hotel rooms and casita homes were described and approved in the original concept. Councilmember Derasary asked about the source of the traffic studies completed in 2014. Planner Reinhart stated he had just received more recent information. It was determined that the 2014 studies were provided by the Bureau of Land Management. Interim City Manager Everitt clarified for the public that the documents being referred to are available on the City's digital archive at moabcity.org under Lionsback Library (https://drive.google.com/drive/folders/0B3xcEVsVfLMOTmw4Nkl2Sm9 JUms). Council suggested correspondence be added to the Library. February 1, 2017 Page 3 of 5 Citizens then asked questions about the project. The first question, from an unidentified citizen, concerned traffic on the Sand Flats Road and how that would be managed. City Engineer Bowman explained that the City has requested an update to the previous traffic study, taking into account current traffic counts and to expand the area of analysis to include related streets and routes. The second question was from resident Kelly Green about drinking water quality and impacts on his property's spring. Citizen Bill Love asked whether, in view of SITLA's threat of rejecting the City's land use code, the developer will be asked to confirm his commitment to the land use code or will he default on his pre - annexation agreement. He asked what are the ramifications if he defaults on the pre -annexation agreement and the plat agreement. City Attorney McAnany answered that he could not know what the developer and SITLA will do. A resident asked about the eighteen employee housing units planned, and how that compares to the eventual number of resort employees. Planner Reinhart did not know the answer and stated that this topic has not yet been addressed. Castle Valley Mayor Dave Erley mentioned that many residents of Castle Valley drink from Matrimony Spring, which is downstream from this development, and he shares Mr. Green's concerns. He specifically mentioned the car wash and vehicle repair and maintenance amenity, and pointed out the description is different in the water source protection plan, and the impacts would be different. He mentioned the highly -fractured and delicate nature of the landscape over the aquifer. John Andrews, legal counsel for SITLA, then spoke. He pointed out the approved planning agreement mentions the fifty -unit lodge is described as condominium units and not rooms. He admitted there is ambiguity, and that former City Manager Donna Metzler required the developer to specify the units are larger than hotel -room size. He then stated the developer spent half a million dollars developing the plans for the condominium -sized units and the developer feels the City has now reversed its position. Andrews stated he feels the developer has an entitlement to proceed. He stated his concern that the water quality issue, among others, may be reopened for review. February 1, 2017 Page 4 of 5 Councilmember Ershadi asked about the origin of the communication from Donna Metzler and Andrews stated it was in an email dated April 2, 2014. Ershadi asked to see the communication and asked if Metzler had the authority to make the decision without planning staff involvement. Andrews clarified that it was from City Planner Jeff Reinhart and then read the email aloud. City Attorney McAnany reiterated that the project was carefully reviewed initially and that there are valid entitlements and if the developer wanted to go forward with his original plan, he could. He also pointed out that there is agreement that there are ambiguities in some of the original approval documents from 2007. He pointed out specific instances where the development referred to fifty rooms with parking for fifty rooms, and he pointed out there was a dispute at the time about that. He took issue with the assertion that the developer reasonably relied in good faith on statements by staff that a 150-room complex was authorized. Councilmember Bailey moved to adjourn the meeting. Councilmember Derasary seconded the motion. The meeting was adjourned at 1:40 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder February 1, 2017 Page 5 of 5 ADJOURNMENT