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
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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
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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.
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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.
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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
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ADJOURNMENT