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HomeMy Public PortalAboutORD-CC-2008-30fl ORDINANCE # 2008-30 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE BY REPEALING A PORTION OF CHAPTER 17.65.080 MPD REVIEW PROCEDURES TO ALIGN THE APPEALS PROCESS OF A COUNCIL DECISION WITH THE BALANCE OF THE LAND USE CODE. WHEREAS, the City of Moab General Plan ("General Plarf) was adopted by the Moab City Council on January 8, 2002, with Resolution # 01-2002, and it serves as the guide for land development decisions; and WHEREAS, Title 17, Zoning, of the Moab Municipal Code was adopted to implement the General Plan with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city and provide rules and regulations for the development and annexation of interested properties; and WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and review specific sections of the Municipal Code in an effort to correct deficiencies and inconsistencies that have been incorporated into the code over time; and WHEREAS, Staff has identified that there is a specific deviation from the typical review process in Chapter 17.65.080, MPD Review procedures, that must be repealed and amended; and, WHEREAS, the appeal process for Council decisions concerning Preliminary and Final Master Planned Developments (MPD) should not be directed to the Board of Adjustments (BOA) but rather to District Court, as noted in bold in the amended matrix below; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2008- 30 during a duly advertised public hearing held on September 23, 2008, and subsequently recommended to Council, adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council") would meet to hear and consider this ordinance on October 14, 2008, to decide the merits of the proposed ordinance; and WHEREAS, the City Council, in said meeting, heard and considered all presented evidence and testimony with respect to the amendments and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE, BE IT ORDAINED BY THE MOAB CITY COUNCIL that the matrix named "Master Planned Developments, Approval Process and Authority"; as contained in Chapter 17.65.080 MPD review procedures, is hereby repealed. FURTHER THAT, the new matrix shall read: Ordinance #2008-30 Page 1 of 2 Master Planned Developments, Approval Process and Authority Step Task Advisory Approval Public Hearing Appeal 1 2 Pre -Application Meeting(s) Staff Staff * Complete Application, Fees r Staff Staff 3 Concept MPD Staff Planning Commission * BoA** 4 Preliminary MPD Planning Commission City Council Planning Commission (except mixed use MPD in commercial zone) District Court 5 Final MPD Planning Commission [-City Council * District Court ** Board of Adjustments Effective Immediately Upon Passage. V PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on Ortnher 14, 2nnR SIGED: tkiajat David L. Sakrison, Mayor Rachel Ellison, Recorder Ordinance #2008-30 Page 2 of 2