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Home My Public Portal AboutRES-CC-2017-03CITY OF MOAB RESOLUTION #03-2017 A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A MULTI- FAMILY DEVELOPMENT WITH DWELLINGS ON THE GROUND FLOOR IN THE C4 (GENERAL COMMERCIAL ZONE) ON PROPERTY LOCATED AT 1780 EAST MILL CREEK DRIVE WHEREAS, Mr. Mike Bynum of Red Rock Partners, with offices at 50 West 100 South, Moab, Utah, 84532 and Mike Hogan of Mike Hogan and Associates Construction, with offices at 940 N 1250 W, Centerville, Utah 84014, as the "Owners" of record of a 6.94 acre parcel of land located in the C-4 (General Commercial Zone) at 1780 East Mill Creek Drive, Moab, Utah, 84532, and more particularly described as follows: Beginning at a point on the east right of way line of Mill Creek Drive, said point being North 88°52'51 " East 428.72 feet along the section line from the Northwest corner of Section 17, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence North 88°52'51 "East 229.95 feet along the section line to the northwest corner of that portion conveyed to Lathrom as Entry No. 474498 in book 679 at page 258; thence South 01 °15'09" East 10.57 feet; thence South 89°34'34" East 127.60 feet; thence North 89°3722" East 122.90 feet; thence North 01 °15'09" West 15.60 feet to the section line and northeast corner of said conveyed portion; thence North 88°52'51 " East 411.5E feet along the section line to the northeast corner of Lot 41; thence South 00°53'00" East 351.85 feet along the east line of Lot 41 to and along the east line of Lot 46; thence South 88°47'31 " West 200.60 feet; thence South 461'1229" East 27.86 feet; thence South 88°47'31 " West 353.55 feet; thence North 46°1229" West 27.86 feet; thence South 88°47'31 " West 248.95 feet to a point on the east right of way line of Mill Creek Drive; thence North 15°01'09" West 363.75 feet along said right of way line to the point of beginning. Contains 302330.47 sq. ft. OR 6.94 acres; and WHEREAS, Owner is proposing to construct rental housing units and the associated parking and open space on the property described above; and WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to complete the application for review of the site plan and Conditional Use Permit as required by MMC Sections 17.09.530 and 17.09.660; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the site plan during a regularly scheduled public meeting on September 24, 2015, to hear evidence of compliance with the requirements of the pertinent code provisions; and WHEREAS, Owner proposed and was granted a parking exception by the Planning Commission, as permitted in MMC 17.09.220 Q, to include one (1) space per single bedroom and studio units and one and one half (1.5) spaces for all additional units, for a total of 234 parking spaces to be used by the residents of the development; and WHEREAS, at said meeting, the Commission adopted Resolution #09-2015 approving the site plan and required modifying the parking exception with "54 additional spaces"; and WHEREAS, on November 10, 2016, in a regularly scheduled meeting, the Commission reviewed the plan and Resolution # 17-2016 to favorably recommend to the City Council the Conditional Use Permit for dwellings on the ground floor to the City Council with the following requirements: 1. The buildings cannot be located any closer to the property line than currently shown along the northern and eastern boundaries; and 2. The property line on the south side parking area will be adjusted to be part of the development parcel; and WHEREAS, the Commission, having discussed the pertinent aspects of the development and considered the Staff recommendation, found that the proposed use satisfies the requirements established in MMC Chapter 17.09.530, Conditional use permits, as follows: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. 2. The proposed use has incorporated design features sufficient to protect adjacent uses. Page 2 of 2 3. The proposed use is not detrimental to the public, health, safety and welfare. 4. Adequate public services are available without reduction of services to other uses. 5. Proper maintenance of the site shall be provided. 6. The conditional use shall conform to all regulations of this code. 7. The use is consistent with the City of Moab General Plan as amended by Resolution #15-2009. 8. The applicant has demonstrated that site impacts within the property as well as adjoining properties have been reasonably mitigated appropriate to the topography of the site. WHEREAS, Moab Municipal Code (MMC) Chapter 17.27.020, Use Regulations (27), requires City Council approval of apartments and dwellings on the ground floor in the C-4 Zone, in accordance with MMC 17.09.530, Conditional use permits; and WHEREAS, the Moab City Council held a public hearing in accordance with MMC 17.09.530 on January 10, 2017, to review the conditional use permit for dwellings on the ground floor and discuss the pertinent aspects of the development for compliance with MMC Chapter 17.09.530; and WHEREAS, the Moab City Council agrees with the Planning Commission and found that the proposed use of dwellings on the ground floor satisfies requirements established in the Moab Municipal Code. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #03-2017 conditionally approves the application for dwellings on the ground floor to be located at approximately 1780 East Mill Creek Drive in the C-4 Zone with the following conditions: 1. Applicants shall participate in the construction of public improvements as required for the Mill Creek Development in accordance with the future design and construction of Mill Creek Drive pursuant to an Improvements Agreement; 2. Applicant shall construct and install a wooden privacy fence at least 6' in height on the north and east property boundaries; 3. Applicant shall submit a revised Landscaping Plan prior to issuance of the building permit compliant with MMC Chapter 17.09.660(1), which shall include screening along the north and east property boundaries with locally adapted shrubs or trees with mature heights of at least 15' at a spacing which will create continuous coverage at maturity. 4. Applicant shall submit a Lighting Plan prior to issuance of the building permit with full cutoff, downward directed and fully shielded exterior lighting that does not reach neighboring properties in compliance with MMC Chapter 17.09.660(H) and 17.09.300. Applicants shall cooperate with the City Planning Department to install warm lamps with a lumen not to exceed 2.50 lumens per square foot of hardscape to minimize impact on the neighboring properties but also provide safety for residents. Exterior HVAC equipment shall be located on the sides of buildings away from neighboring properties and shielded to the extent possible. 5. The finished elevations shall not exceed 40 feet from final grade, using the building height definition found in MMC Chapter 17.06.020 which states: building height means the vertical distance as measured from the average finished grade of the building line to the midpoint of the highest peak of the roof 6. Applicant shall record a deed restriction that all rentals must be thirty-one (31) days or longer for a period of fifteen (15) years. ADOPTED AND APPROVED by action of the Moab City Council in open session this 28' day of March, 2017. Racklteno Moth City R corder ave Sakrison Mayor TL.