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HomeMy Public PortalAboutORD-CC-2008-14fl n ORDINANCE #2008-14 AN ORDINANCE TO AMEND TITLE 17.20, C-1, COMMERCIAL- RESIDENTIAL ZONE, TO PERMIT DRIVE -UP WINDOWS AS A CONDITIONAL USE FOR FINANCIAL INSTITUTIONS WHEREAS, the City Council ("Council") has 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 area as well as to promote a more attractive and wholesome environment; and, WHEREAS, the City, from time to time, has found it necessary and desirable to amend the regulations and requirements of Section 17.00 to remain current with changing elements of society and contemporary planning; and, WHEREAS, the City has been approached to allow a drive -up window as a common accessory for property located in the Commercial -Residential (C-1) Zone that under current zoning district Use Regulations, does not allow this service as an element of businesses; and, WHEREAS, the City of Moab Planning Commission held a duly advertised public hearing on April 10, 2008, to hear and consider testimony in support and opposition of amending the text of the Code to allow this use as a Conditional Use in the C-1 zone"; and, WHEREAS, the Planning Commission, after consideration and review of the submitted testimony, favorably recommended that Council approve Ordinance #2008-14; and, WHEREAS, Council, in a regularly scheduled open meeting, considered the recommendations of the Planning Commission and City Staff in reviewing drive -up windows as conditional uses for financial institutions in the C-1 Zone; and, WHEREAS, Council has determined that a conditional use of drive -up service windows is an acceptable use in the C-1 Zone and is in keeping with the objectives and characteristics of the zone. NOW THEREFORE, the Moab City Council hereby amends Title 17.20.020, C-1 Commercial -Residential Zone, of the Moab Municipal Code by adding the following item number 15: 17.24.020 "15. Drive -up windows as a conditional use for financial institutions." AND FURTHERMORE, Council amends Section 17.24.020 (15) with the addition of the following review criteria: Additional Standards for Drive -up Windows: 1. The drive thru use shall not interfere with traffic circulation to and from the building site 2. The drive -up use shall not hinder the use of available parking areas or access to parking areas 3. The drive -up use shall utilize additional landscaping, berms, and/or fencing as required to serve as a buffer for light and/or noise 4. Design features shall be incorporated for the sufficient protection of adjacent uses from adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 5. Provisions for proper maintenance of the drive areas, lighting, signage, landscaping, etc. shall be provided. 6. The drive -up window shall be operated only during normal business hours 7. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on April 22, 2008. SI David L. Sakrison, Mayor Rachel Ellison, Recorder Ordinance #2008-14 Page 2 of 2