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