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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Chapter 17.65.080, MPD Review procedures, that must be repealed and amended; and,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17.65.080 MPD review procedures, is hereby repealed.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