HomeMy Public PortalAboutPKT-CC-2020-09-08SEPTEMBER 8, 2020
REGULAR CITY COUNCIL MEETING 7:00 P.M.
Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code
Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations
supporting the decision to convene electronic meetings of the Council without a
physical anchor location. Due to the health and safety risks related to the ongoing
COVID -19 pandemic and considering public health orders limiting in -person
gatherings, the Moab City Council will continue to hold meetings by electronic
means. The public is invited and encouraged to view and participate in the
Council ’s electronic meetings by viewing the City ’s YouTube channel:
https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA .
Regular City Council Meeting -7:00 p.m.
Call to Order and Roll Call Attendance
Approval of Minutes
Minutes: August 25, 2020, Regular Meeting
min -cc -2020 -08 -25 draft.pdf
Citizens to Be Heard
Citizens to be Heard comments may be made by phone through
Zoom.
Dial: (669) 900 -9128 Meeting ID: 897 1342 8009 Password
(if needed): 394235
Please note that when joining the meeting, you will be placed in
a waiting room and will be added to the meeting by the
moderator. Once you are added to the meeting, please state
your name for the record. Your comments will be limited to
three (3) minutes and recorded and on YouTube.
Mayor and Council Reports
Administrative Reports
COVID -19 Updates
Presentation (10 Minutes)
Presentation of Early Head Start Program Opportunity for expansion in Moab
rucd head start annual report.pdf
Old Business
Proposed Ordinance 2020 -14: An Ordinance Amending the Zoning for Property
Located at 778 W. Kane Creek Boulevard in the RA -1, Residential -Agricultural
Zone, to C -1, Commercial -Residential Zone and Amending the City of Moab
Official Zoning Map (Previously Ordinance 2019 -10)
Briefing and action
agenda summary - ordinance 2020 -14.pdf
proposed ordinance 2020-14.pdf
778 w kane creek blvd applicant justification.pdf
New Business
Proposed Resolution 35 -2020: A Resolution Approving the Brinnon/Bentley
Estates Minor Subdivision of Property Located at 1040 Pear Tree Lane, Moab UT
84532
Briefing and possible action
brinnon.bentley estates minor subdivision cc agenda summary
090820.pdf
exhibit 1 resolution 35 -2020 brinnon.bentley estates minor
subdivision 090820.pdf
exhibit 2 vicinity map 1040 pear tree lane.pdf
exhibit 3 brinnon.bentley estates amended draft plat.pdf
Proposed Resolution 36 -2020: A Resolution Approving the 241 East 100 North
Minor Subdivision of Property Located at 241 East 100 North, Moab Utah 84532
Briefing and possible action
241 east 100 north minor subdivision cc agenda summary
090820.pdf
exhibit 1 resolution 36 -2020 241 east 100 north minor
subdivision 090820.pdf
exhibit 2 vicinity map 241 e 100 n.pdf
exhibit 3 241 e 100 n amended draft plat.pdf
Proposed Resolution 37 -2020: A Resolution Approving the Every Minor
Subdivision of Property Located at 165 E 200 N, Moab Ut
Briefing and possible action
cc staff report 9.8.2020.pdf
exhibit 1 resolution 37 -2020 every minor subdivision.pdf
exhibit 2 vicinity map.jpg
exhibit 3 every plat revised 7.16.2020.pdf
Approval of Bills Against the City of Moab
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
1.
1.1.
2.
2.1.
Documents:
3.
4.
5.
5.1.
6.
6.1.
Documents:
7.
7.1.
Documents:
8.
8.1.
Documents:
8.2.
Documents:
8.3.
Documents:
9.
10.
SEPTEMBER 8, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel:https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA . Regular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceApproval of MinutesMinutes: August 25, 2020, Regular Meetingmin-cc -2020 -08 -25 draft.pdfCitizens to Be Heard Citizens to be Heard comments may be made by phone through Zoom. Dial: (669) 900 -9128 Meeting ID: 897 1342 8009 Password (if needed): 394235 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Once you are added to the meeting, please state your name for the record. Your comments will be limited to three (3) minutes and recorded and on YouTube. Mayor and Council ReportsAdministrative ReportsCOVID-19 Updates
Presentation (10 Minutes)
Presentation of Early Head Start Program Opportunity for expansion in Moab
rucd head start annual report.pdf
Old Business
Proposed Ordinance 2020 -14: An Ordinance Amending the Zoning for Property
Located at 778 W. Kane Creek Boulevard in the RA -1, Residential -Agricultural
Zone, to C -1, Commercial -Residential Zone and Amending the City of Moab
Official Zoning Map (Previously Ordinance 2019 -10)
Briefing and action
agenda summary - ordinance 2020 -14.pdf
proposed ordinance 2020-14.pdf
778 w kane creek blvd applicant justification.pdf
New Business
Proposed Resolution 35 -2020: A Resolution Approving the Brinnon/Bentley
Estates Minor Subdivision of Property Located at 1040 Pear Tree Lane, Moab UT
84532
Briefing and possible action
brinnon.bentley estates minor subdivision cc agenda summary
090820.pdf
exhibit 1 resolution 35 -2020 brinnon.bentley estates minor
subdivision 090820.pdf
exhibit 2 vicinity map 1040 pear tree lane.pdf
exhibit 3 brinnon.bentley estates amended draft plat.pdf
Proposed Resolution 36 -2020: A Resolution Approving the 241 East 100 North
Minor Subdivision of Property Located at 241 East 100 North, Moab Utah 84532
Briefing and possible action
241 east 100 north minor subdivision cc agenda summary
090820.pdf
exhibit 1 resolution 36 -2020 241 east 100 north minor
subdivision 090820.pdf
exhibit 2 vicinity map 241 e 100 n.pdf
exhibit 3 241 e 100 n amended draft plat.pdf
Proposed Resolution 37 -2020: A Resolution Approving the Every Minor
Subdivision of Property Located at 165 E 200 N, Moab Ut
Briefing and possible action
cc staff report 9.8.2020.pdf
exhibit 1 resolution 37 -2020 every minor subdivision.pdf
exhibit 2 vicinity map.jpg
exhibit 3 every plat revised 7.16.2020.pdf
Approval of Bills Against the City of Moab
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
1.1.1.2.2.1.Documents:3.4.5.5.1.
6.
6.1.
Documents:
7.
7.1.
Documents:
8.
8.1.
Documents:
8.2.
Documents:
8.3.
Documents:
9.
10.
SEPTEMBER 8, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.Consistent with provisions of the Utah Open and Public Meetings Act, Utah Code Ann. § 54 -2 -207(4), the Moab City Council Chair has issued written determinations supporting the decision to convene electronic meetings of the Council without a physical anchor location. Due to the health and safety risks related to the ongoing COVID -19 pandemic and considering public health orders limiting in -person gatherings, the Moab City Council will continue to hold meetings by electronic means. The public is invited and encouraged to view and participate in the Council ’s electronic meetings by viewing the City ’s YouTube channel:https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA . Regular City Council Meeting -7:00 p.m.Call to Order and Roll Call AttendanceApproval of MinutesMinutes: August 25, 2020, Regular Meetingmin-cc -2020 -08 -25 draft.pdfCitizens to Be Heard Citizens to be Heard comments may be made by phone through Zoom. Dial: (669) 900 -9128 Meeting ID: 897 1342 8009 Password (if needed): 394235 Please note that when joining the meeting, you will be placed in a waiting room and will be added to the meeting by the moderator. Once you are added to the meeting, please state your name for the record. Your comments will be limited to three (3) minutes and recorded and on YouTube. Mayor and Council ReportsAdministrative ReportsCOVID-19 UpdatesPresentation (10 Minutes)Presentation of Early Head Start Program Opportunity for expansion in Moabrucd head start annual report.pdfOld BusinessProposed Ordinance 2020 -14: An Ordinance Amending the Zoning for Property Located at 778 W. Kane Creek Boulevard in the RA -1, Residential -Agricultural Zone, to C -1, Commercial -Residential Zone and Amending the City of Moab Official Zoning Map (Previously Ordinance 2019 -10)Briefing and actionagenda summary - ordinance 2020 -14.pdfproposed ordinance 2020-14.pdf778 w kane creek blvd applicant justification.pdfNew BusinessProposed Resolution 35 -2020: A Resolution Approving the Brinnon/Bentley Estates Minor Subdivision of Property Located at 1040 Pear Tree Lane, Moab UT 84532Briefing and possible actionbrinnon.bentley estates minor subdivision cc agenda summary 090820.pdfexhibit 1 resolution 35 -2020 brinnon.bentley estates minor subdivision 090820.pdfexhibit 2 vicinity map 1040 pear tree lane.pdfexhibit 3 brinnon.bentley estates amended draft plat.pdfProposed Resolution 36 -2020: A Resolution Approving the 241 East 100 North Minor Subdivision of Property Located at 241 East 100 North, Moab Utah 84532Briefing and possible action241 east 100 north minor subdivision cc agenda summary 090820.pdfexhibit 1 resolution 36 -2020 241 east 100 north minor subdivision 090820.pdfexhibit 2 vicinity map 241 e 100 n.pdfexhibit 3 241 e 100 n amended draft plat.pdfProposed Resolution 37 -2020: A Resolution Approving the Every Minor Subdivision of Property Located at 165 E 200 N, Moab Ut Briefing and possible actioncc staff report 9.8.2020.pdfexhibit 1 resolution 37 -2020 every minor subdivision.pdfexhibit 2 vicinity map.jpgexhibit 3 every plat revised 7.16.2020.pdf
Approval of Bills Against the City of Moab
Adjournment
Special Accommodations:
In compliance with the Americans with Disabilities Act, individuals needing special
accommodations during this meeting should notify the Recorder ’s Office at 217 East Center
Street, Moab, Utah 84532; or phone (435) 259 -5121 at least three (3) working days prior to
the meeting.
Check our website for updates at: www.moabcity.org
1.1.1.2.2.1.Documents:3.4.5.5.1.6.6.1.Documents:7.7.1.Documents:8.8.1.Documents:8.2.Documents:8.3.Documents:
9.
10.
Page 1 of 4
August 25, 2020
MOAB CITY COUNCIL MINUTES
REGULAR MEETING
August 25, 2020
The Moab City Council held its Regular Meeting on the above date. Consistent with provisions of
the Utah Open and Public Meetings Act, Utah Code Ann. § 54-2-207(4), the Moab City Council
Chair has issued written determinations supporting the decision to convene electronic meetings
of the Council without a physical anchor location. Due to the health and safety risks related to
the ongoing COVID-19 pandemic and considering public health orders limiting in-person
gatherings, the Moab City Council will continue to hold meetings by electronic means. An audio
recording of the meeting is archived at http://www.utah.gov/pmn/index.html. A video
recording is archived at https://www.youtube.com/watch?v=24U0WFXkRXw.
EXECUTIVE (CLOSED) SESSION 6:30 P.M.
Strategy Session to Discuss Reasonably Imminent and/or Pending Litigation: At
6:36 p.m. Mayor Niehaus called the meeting to order. Participating remotely were Mayor Emily
Niehaus, Councilmembers Karen Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike
Duncan, and Kalen Jones. City staff participating remotely were City Manager Joel Linares,
Assistant City Manager Carly Castle, and City Recorder Sommar Johnson.
Councilmember Guzman-Newton moved to enter Executive (Closed) Session. Councilmember
Knuteson-Boyd seconded the motion. The motion passed 5-0 with Councilmembers Derasary,
Knuteson-Boyd, Duncan, Guzman-Newton, and Jones voting aye in a roll call vote.
Councilmember Derasary moved to exit the Executive (Closed) Session. Councilmember Duncan
seconded the motion. The motion passed 5-0 with Councilmembers Guzman-Newton, Duncan,
Knuteson-Boyd, Derasary, and Jones voting aye in a roll call vote.
REGULAR CITY COUNCIL MEETING 7:00 P.M.
Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the Regular City
Council Meeting to order at 7:08 p.m. Participating remotely were Councilmembers Karen
Guzman-Newton, Tawny Knuteson-Boyd, Rani Derasary, Mike Duncan, and Kalen Jones. City
staff participating remotely were City Manager Joel Linares, Assistant City Manager Carly
Castle, Finance Director Klint York, and City Recorder Sommar Johnson. Senior Projects
Manager Kaitlin Myers joined the meeting at 8:49 pm. Amanda McIntosh with the Southeast
Utah Health District joined the meeting at 8:33 p.m. to give a presentation.
COVID-19 Updates:
Mayor Niehaus stated that she did not have any guests joining tonight to provide COVID-19
updates but mentioned that she spoke with County Council Chair Mary McGann before the
Special Meeting discussing the mask mandate. She said County Council Chair McGann was
informed of the meeting and topics of discussion and she followed up with her after the meeting
to report what was discussed. Mayor Niehaus stated that Grand County extended the mask
mandate through December 31. Councilmember Derasary mentioned that Bradon Bradford
from the Southeast Utah Health Department provided updates during the last Grand County
Council meeting if anyone was interested in listening to that meeting. Mayor Niehaus stated she
has reached out to the Health Department and Hospital to provide updates for the last three
meetings and both agencies have indicated they have nothing new to report.
Approval of Minutes: August 11, 2020, Regular Meeting, August 19, 2020, Special
Meeting — Approved
Page 2 of 4
August 25, 2020
Motion: Councilmember Guzman-Newton moved to approve the minutes for July 28, 2020.
Councilmember Duncan seconded the motion.
Discussion: Councilmember Derasary noted a couple of changes that had already been
corrected before the meeting.
Vote: The motion passed 5-0 with Councilmembers Knuteson-Boyd, Derasary, Jones, Guzman-
Newton, and Duncan voting aye in a roll call vote.
Mayor and Council Reports:
Mayor Niehaus reported that on September 1 she will be hosting the first of at least three focus
groups on September 1 on the urban mill creek corridor. She mentioned forwarding an email
update from the Governor’s Office of Economic Development and missing the Governor’s Rural
Partnership board meeting due to family vacation but noted that the Lt. Governor read a
statement she made about affordable housing. She reported attending a ULCT board meeting,
LPC, the Market on Center, participating in a water banking call with the Department of Water
Quality, attending a town hall with John Curtis, and panel discussion with John Curtis and the
Office of Outdoor Recreation. [10:29-17:28]
Councilmember Derasary reported attending an EMS meeting on August 17 and provided an
update on statistics for EMS. [17:30-22:50]
Councilmember Duncan reported attending meetings mostly about water in the County. [22:57-
25:51]
Councilmember Knuteson-Boyd reported the Museum Board meeting was moved to tomorrow
night. She reported that the HASU senior housing project is two thirds full and the HASU.
Wingate Village in Grand County is moving along. She reported that the Canyonlands Health
Care Special Service District and EMS are meeting to determine sales tax revenue percentages.
[26:07-27:38]
Councilmember Guzman-Newton reported attending a Town Hall with Senator Romney and
Vicki Verela on the topic of tourism and outdoor recreation, an Airport Board, a Salt Lake
Chamber of Commerce Utah Leads Together webinar, the Special Council Meeting, and a School
Board Meeting on August 19. She reported that Liana Etchberger provided an update on USU
and said they received CARES Act funding to provide educational opportunities for the
underemployed or unemployed. She also reported manning the Census booth at Market on
Center and attending a Key Leader Board meeting. [27:50-42:18]
Councilmember Jones reported a relatively quiet meeting week but added that the County
Council received enough data to make a determination on the reallocation of TRT to the various
districts that it supports. [42:30-43:17]
Administrative Reports:
City Manager Linares reported working on an updated format for citizens to be heard and
rescheduling the September 1 meeting to September 8. He reported that the SCADA system is
fully up and running after the power outage, but we are still working on the generator at City
Hall. He reported that the bike skills park is under construction and the widening project
continues and appears to be on schedule. He mentioned that the Hotspot survey is out and open
until Friday and that Proposition 8 information is being distributed by the City and a question
and answer form is available on the City’s website. [43:49-55:28]
Finance Director York reported on sales tax information during the COVID-19 pandemic and
how CARES Act funding was contributed to other Utah cities. [55:36-66:45]
Page 3 of 4
August 25, 2020
Councilmember discussed the process of electronic meetings. Most councilmembers were in
favor of continuing electronic meetings for at least thirty days. Council members also discussed
the current process for citizens to be heard generally agreed that they wanted them to have the
ability to join and participate in the electronic meetings. They also agreed to move the Citizens
to be Heard portion of the agenda ahead of Mayor and Council Reports and move the COVID-19
updates to Administrative Reports. [69:07-84:39]
Citizens to be Heard:
There were no Citizens to be Heard at this meeting.
Presentation: Suicide Prevention and Awareness Activities – Amanda McIntosh,
Southeast Utah Health District:
Amanda McIntosh, Suicide Prevention Specialist from Southeast Utah Health District and Vice
President of the HOPE Squad of Carbon, Emery, and Grand Counties addressed the Council
about activities and programs to address suicide awareness and prevention. She noted that
September is Suicide Prevention and Awareness month and hoped for permission from the
Council to use Old City Park or Rotary Park on September 10 from 7:30 p.m. until 9 p.m. for a
candlelight (battery operated) vigil to support members of the community struggling with
depression or losses of someone by suicide. Mayor Niehaus offered a third location, in front of
City Hall, during the Market on Center. Ms. McIntosh mentioned her program is also hosting
two movie events in Carbon County and a 5k/10k run on November 7th in Goblin Valley State
Park titled “Hoodoo You Run For?” and requested for Moab and Grand County’s support. [86:03-
100:26]
Old Business:
Discussion and update on Walnut Lane:
Senior Projects Manager Kaitlin Myers provided a presentation updating the Council on the
Walnut Lane development. She explained that the current site plan developed by Architectural
Squared has 66 units, but that number may need to be closer to 80 for the project to pencil out.
She said that they will need to increase the number of parking spaces because they do not meet
the PAD or R4 codes. She also explained the current challenges of the existing site including
aging and dilapidated units and expensive repairs and maintenance of the units. She said that
she and other staff meet regularly to discuss ways to make the units safe and habitable for the
current tenants and told the Council that they are posting an invitation for bids to determine the
feasibility of purchasing manufactured housing units to replace existing trailers. She explained
that this option would be a short-term or midterm solution until the final site is developed but
said residents need immediate, safe, habitable housing and every solution will take a substantial
financial investment.
Discussion: Mayor Niehaus expressed concern about the resale value and insurability of the
homes once they are relocated from Walnut Lane. Councilmembers asked if it was possible to
replace some trailers and repair others. They also asked how many units are owned by the City
and if some residents could qualify to move into the MAPS housing project, if park models were
considered, and how much money is available for the project. Mayor Niehaus asked if temporary
rezoning was considered to allow residents to live in recreational vehicles for immediate
temporary housing. She also suggested researching modular construction and modifying the
invitation for bid to include modular construction for the site.
Approval of Bills Against the City of Moab:
Motion and vote: Councilmember Knuteson-Boyd moved to approve the bills against the City
of Moab in the amount of $72,735.43. Councilmember seconded the motion. The motion passed
5-0 with Councilmembers Knuteson-Boyd, Duncan, Jones, Guzman-Newton, and Derasary
Page 4 of 4
August 25, 2020
voting aye in a roll call vote.
Adjournment: Councilmember moved to adjourn the meeting. Councilmember seconded the
motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting at p.m.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Sommar Johnson, City Recorder
Rural Utah Child Development (RUCD) is a comprehensive child development
program designed to meet the educational, emotional, social, and health needs of
children. The RUCD team works well together to provide strong support and
leadership, creating a consistent and quality learning environment. Children
receive individualized lesson plans with developmentally appropriate learning
experiences, and families are involved with their children’s education while they
receive assistance with personal goals, parenting information, and leadership
through parent committees and Policy Council
1
Total eligible
children served by
RUCD in total
service area: 27%
73% of Early Head
Start children were
at or above national
benchmarks.
88% of Head Start
children were at or
above national
benchmarks
BOARD OF DIRECTORS
Patti Rigby
Nicole Steele
Liz Bryner
Danielle Howa-
Pendergrass
Janice Spillman
Teresa Martinez
Karen Stephensen
SUPPLEMENTAL MATERIALS,
CURRICULUM AND STAFF
TRAINING WERE ADDED TO
INCREASE SCHOOL
READINESS OUTCOMES FOR
THE 2019-20 SCHOOL YEAR
99% of Head Start
children and 98% of Early
Head Start children
completed a medical
exam.
95% of Head Start
Children and 94% of Early
Head Start children over
12 months completed a
dental exam.
Rural Utah Child Development
Annual Report 2018-19
Eligibility
“Parents are the child’s first
teacher”
RUCD encourages parents to be the child's
primary educator. Parent and family
engagement is a collaborative and strengths-
based process through which early childhood
teachers, families, and children build positive
and goal-oriented relationships. RUCD
introduced Ready Rosie curriculum to promote
children’s learning and support parent
engagement.
2
17%
3%
6%
2%
18%
55%
Personnel Fringe Travel
Supplies Contractual Other
14%
3%4%1%
21%58%
Personnel Fringe Travel
Supplies Contractual Other
FUNDS RECEIVED
Total Funds: $4,411,424
USDA: $138,418
E-rate: $21,417
IN KIND CONTRIBUTIONS
$1,318,215
Fiscal Year 19
Fiscal Year 20 Budget
8%
13%
8%
10%
8%
53%
100% of Poverty TANF or SSI
Foster Children Homeless
130% of Poverty Over Income
Average Monthly Enrollment
8/18 98% 2/19 100%
9/18 100% 3/19 100%
10/18 99% 4/19 100%
11/18 100% 5/19 97%
12/18 100% 6/19 100% (EHS only)
1/19 100% 7/19 100% (EHS only)
FINANCIAL AUDIT
An independent audit was completed by
Gilbert and Stewart with no findings.
Moab City Council Agenda Item
Meeting Date: September 8, 2020
Title: Ordinance 2020-14 (previously Ordinance 2019-10): An ordinance
amending the Zoning for Property Located at 778 W. Kane Creek Boulevard
in the RA-1, Residential-Agricultural Zone, to C-1, Commercial-Residential
Zone, and Amending the City of Moab Official Zoning Map, as Favorably
Recommended to City Council by the Planning Commission
Disposition: Briefing and action
Staff Presenter: Joel Linares, City Manager
Attachment(s):
-Attachment 1: Proposed Ordinance 2020-14 (previously Ordinance 2019-10)
-Attachment 2: Applicant Justification
-Attachment 3: Proposed Zoning Map
Possible Motion(s): I move to approve/approve with changes/deny (and
state findings) Ordinance 2020-14 changing the zoning for property located
at 778 West Kane Creek Boulevard from RA-1 to C-1 and amending the City
of Moab Official Zoning Map
Background/Summary:
September 8, 2020 update:
At the April 9, 2019 Council meeting, a motion was made to table the
ordinance but failed for lack of a second. A motion was made to approve the
ordinance but failed for lack of a second.
April 9, 2019 update:
At the March 26, 2019 Council meeting, the City Council deferred action to the
April 9 meeting.
From March 26, 2019:
The City received an application from Keith Herrmann to rezone his property
located at 778 West Kane Creek Blvd. The property is currently developed as a
single-household residence but previously operated as the Adobe Abode bed
and breakfast. The bed and breakfast home occupation permit for Adobe
Abode was granted by the City Council on March 27, 2001 and continued
operations until the business license was canceled on November 1, 2017. Bed
and breakfast facilities are not listed as a permitted use in the RA-1 zone and
the owner cannot resume the operation because it does not comply with the
zoning regulations.
A comparison of the purpose and permitted uses for each zone is provided for
your reference.
RA-1 Residential Agricultural C-1 Commercial Residential
The RA-1 residential-agricultural zone has been
established for the primary purpose of providing a
location where residential development associated
with limited numbers of livestock can be maintained.
This zone is currently characterized by large lots or
tracts of land interspersed by dwellings, barns,
corrals and agricultural service buildings used in
connection with farming operations. While the zone
is thus characterized, it is intended that the land
within this zone shall be further developed into a
residential environment exclusive of animals and
fowl. Builders and developers of property should
bear in mind therefore, that primacy is given in this
zone to residential development and that the raising
of animals and fowl will likely be curtailed as
residential development takes place.
The objectives in establishing the C-1 commercial-
residential zone are to facilitate the development of
attractive areas within the City that allow the mixing of
compatible commercial and residential uses; to provide
a buffer zone between residential and more intensive
commercial uses; and to facilitate the orderly expansion
of commercial uses on lots that lie adjacent to
commercial zones.
Permitted Uses. The following uses shall be
permitted-by-right. If a use is not listed it is
prohibited.
Permitted Uses. The following uses shall be
permitted-by-right. If a use is not listed it is
prohibited.
1.Accessory dwelling units as per
Chapter 17.70.
2.Agriculture.
3.Agriculture buildings.
4.Cemeteries, public and private.
5.Day care.
6.Golf courses.
7.Group homes.
8.Home occupations subject to the standards
set forth in Section 5.80.050.
9.One-household dwellings and accessory uses.
10.Places of worship.
11.Planned unit developments which are
connected to a public sewer, subject to the
requirements set forth in Chapter 17.66.
12.Premises agricultural occupations.
13.Public facilities.
14.Public parks.
15.Raising, care and keeping of animals and fowl
for household use and consumption.
16.Schools.
1.Arts and crafts shop less than three thousand
square feet.
2.Bed and breakfast facilities.
3.Day care.
4.Financial institutions.
5.Funeral establishments.
6.Greenhouses and nurseries.
7.Group homes.
8.Gymnasiums.
9.Home occupations subject to the requirements
set forth in Section 5.80.050.
10.Hospitals.
11.Multi-household dwellings.
12.One-household dwellings and accessory uses.
13.Places of worship.
14.Planned unit developments subject to the
requirements in Chapter 17.66.
15.Professional offices.
16.Public buildings.
17.Public parks.
18.Retail establishments that are less than three
thousand square feet.
19.Schools.
20.Two-household dwellings and accessory uses.
21.Veterinary clinic with indoor kennel.
22.Wholesale establishments less than three
thousand square feet.
MMC 17.04.010, Initiation of zoning change
Any person having a proprietary interest in any real property may submit an
application for a zoning map amendment or a zoning text amendment, or the
planning commission can, on its own motion or on request from the city
council, propose, study, and recommend changes to the official zoning map or
the text of the Land Use Code. The review requirements for applications to
rezone properties are in Moab Municipal Code (MMC) section 17.04.020,
Zoning text amendments.
####
17.Utility provider structures.
18.Veterinary clinic with kennel.
1
CITY OF MOAB ORDINANCE #2020-14
AN ORDINANCE AMENDING THE ZONING FOR PROPERTY LOCATED AT 778 W.
KANE CREEK BOULEVARD IN THE RA-1, RESIDENTIAL-AGRICULTURAL
ZONE, TO C-1, COMMERCIAL-RESIDENTIAL ZONE AND AMENDING THE
CITY OF MOAB OFFICIAL ZONING MAP
The following findings describe the intent and purpose of this ordinance:
a.Keith R. Herrmann at 778 W, Kane Creek Blvd., Moab, Utah, 84532, as the Owner of
Record, (“Owner”) applied to rezone property located at 778 W. Kane Creek Blvd.,
Moab, Utah.
b.Owner wishes to amend the zoning of the 1.14-acres from the RA-1, Residential-
Agricultural Zone, to C-1, Commercial-Residential Zone.
c.The City of Moab Planning and Zoning Commission (“Commission”) held a duly
advertised public hearing on March 14, 2019, to receive comment and determine the
appropriateness of the proposed Map Amendment.
d.The Commission reviewed the Use Regulations of the RA-1 and C-1 zones and discussed
the suitability of the application of the C-1 zone to the subject property.
e.The Commission in a 5-1 vote favorably recommends the zone change to the Moab City
Council (“Council”).
f.The Council discussed the application in a public meeting on March 26, 2019, April 9,
2019, and September 9, 2020, reviewing the Planning Commission and staff
recommendations and determining the appropriateness of the proposed zone change.
g.The Council found that the review standards in Moab Municipal Code Chapter 17.04.060
have been met.
Therefore, the City of Moab enacts as follows:
The rezoning request for 778 W. Kane Creek Boulevard as submitted by Keith Herrmann is
hereby approved and Council directs staff to amend the Official Zoning Map for the City of
Moab accordingly.
PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance
shall take effect immediately upon passage.
SIGNED:
Emily S. Niehaus, Mayor Date
2
ATTEST:
Sommar Johnson, Recorder
End of Document
####
Moab City Council Agenda Item
Brinnon/ Bentley Estates Minor Subdivision
Meeting Date: September 8, 2020
Title: Consideration and Possible Approval of Moab City Resolution #35-2020,
A Resolution Approving the Brinnon/ Bentley Estates Minor Subdivision
of Property Located at 1040 Pear Tree Lane, Moab, Utah 84532.
Disposition: Discussion and Possible Action
Staff Presenter: Cory P. Shurtleff, Assistant Planner
Attachment(s):
- Exhibit 1: Draft Moab City Resolution #35-2020
- Exhibit 2: Vicinity Map
- Exhibit 3: Draft Plat
Options:
1. Approve with or without modifications; or
2. Continue or table item and give specific direction to
the applicant and staff as to additional information
needed; or
3. Deny the minor subdivision with specific findings
supporting decision
Recommended Motion: I move to approve Moab City Resolution #35-2020, A
Resolution Approving the Brinnon/ Bentley Estates Minor Subdivision of property
located at 1040 Pear Tree Lane, Moab, UT.
Applicant: Colby Brinnon and Tracy Bentley, (Agent
for Owners: Mike Scherer) 20 Orchard Way, Moab, UT
Background:
Applicants and property owners, Colby Brinnon and Tracy Bentley, submitted the City of
Moab Minor Subdivision Application on August 5, 2020, for the two-lot subdivision of
property located at 1040 Pear Tree Lane, Moab UT. On August 19, 2020, the
Development Review Team reviewed and supplied comments on the submitted
information, sent to the applicants on August 20, 2020. The application was submitted
for review and recommendation by the Moab Planning Commission during their meeting
on August 27, 2020, where the item was approved for positive recommendation 5 -0.
During that time, the applicants submitted the updated draft plat that addressed the
outstanding engineering comments and sufficiently met the directive of the condition of
approval outlined in the previous materials. Having met the conditions of approval , it has
been removed from the item.
Project Summary:
Location: 1040 Pear Tree Lane, Moab UT 84532
Property Owner: Colby Brinnon and Tracy Bentley
Applicant: Mike Scherer
Parcel Size: 2.38 acres (103,672.8 sf)
Proposed Lot 2A: 1.05 acres (45,605 sf)
Proposed Lot 2B: 1.00 acre (43,771 sf)
Zoning: RA-1 Residential – Agricultural Zone
Proposed Use: Residential
Narrative Summary:
The property owner is proposing to subdivide the existing property, currently vacant
land, to allow for residential development of Lot 2A and potential future sale or
residential development of Lot 2B.
Process:
MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor
subdivisions of five lots or less. These applications must be reviewed by the Planning
Commission and referred to Council with a recommendation, as noted below.
“MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required
documents
In subdivisions of less than five lots, land may be sold after recording of a plat, if all the
following conditions are met:
A. The subdivision plan shall have been approved by the planning commission,
the planning coordinator, the city engineer, the city attorney, other agencies the
zoning administrator deems necessary, and the city council;
B. The subdivision is not traversed by lines of a proposed street, and does
not require the dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements
of the zoning title or has been granted a variance from such requirements by the
appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the
utility supervisor
CITY OF MOAB RESOLUTION NO. 35-2020
A RESOLUTION APPROVING THE BRINNON/BENTLEY ESTATES MINOR SUBDIVISION AT 1040
PEAR TREE LANE, MOAB, UT 84532, AS REFERRED TO COUNCIL BY THE MOAB PLANNING
COMMISSION
WHEREAS, The following describes the intent and purpose of this resolution:
a. Colby Brinnon and Tracy Bentley (Owners), and Mike Scherer (Applicant), have applied for a
minor subdivision of the property located at 1040 Pear Tree Lane, Moab, Utah; and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020;
and
c. The property is in the RA-1 Residential – Agricultural Zone and the proposed uses are allowed as
permitted uses; and
d. Owner desires to subdivide the 2.38 acre parcel (#01-0PAR-0002) into two lots. Lot 2A would be
1.05 acres (45,605 sf) and Lot 2B would be 1.00 acre (43,771 sf); and
e. The proposed lots satisfy the dimensional requirements of the RA-1 Zone; and
f. The Moab Planning Commission reviewed the application for the Brinnon/ Bentley Estates Minor
Subdivision in a regularly scheduled meeting held on August 27, 2020, and subsequently
conditionally recommended approval to the City Council in accordance with MMC Chapter
16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a
public hearing; and
g. The Moab City Council reviewed the application and considered the Planning Commission and
Staff recommendations in a public meeting held on September 8, 2020; and
h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City
Council, pursuant to Resolution #35-2020, hereby finds, that the subdivision can meet or exceeds
the pertinent code requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the
Brinnon/ Bentley Estates Minor Subdivision is hereby APPROVED.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on September 8, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder
Moab City Council Agenda Item
241 East 100 North Minor Subdivision
Meeting Date: September 8, 2020
Title: Consideration and Possible Approval of Moab City Resolution #36-2020,
A Resolution Approving the 241 East 100 North Minor Subdivision of
Property Located at 241 East 100 North, Moab, Utah 84532.
Disposition: Discussion and Possible Action
Staff Presenter: Cory P. Shurtleff, Assistant Planner
Attachment(s):
- Exhibit 1: Draft Moab City Resolution #36-2020
- Exhibit 2: Vicinity Map
- Exhibit 3: Draft Plat
Options:
1. Approve with or without modifications; or
2. Continue or table item and give specific direction to
the applicant and staff as to additional information
needed; or
3. Deny the minor subdivision with specific findings
supporting decision.
Recommended Motion: I move to approve Moab City Resolution #36-2020, A
Resolution Approving the 241 East 100 North Minor Subdivision of property located at
241 East 100 North, Moab, UT.
Applicant: Shik Han, 301 S. 400 E. #208, Moab UT
Background:
Applicant, Shik Han, submitted the City of Moab Minor Subdivision Application on
August 5, 2020, for the two-lot subdivision of property located at 241 East 100 North,
Moab UT. On August 19, 2020, the Development Review Team reviewed and supplied
comments on the submitted information, sent to the applicant on August 20, 2020. The
application was submitted for review and recommendation by the Moab Planning
Commission during their meeting on August 27, 2020, where the item was approved for
positive recommendation 5-0. During that time, the applicants submitted the updated
draft plat that addressed the outstanding engineering comments and sufficiently met the
directive of the condition of approval outlined in the previous materials. Having met the
conditions of approval, it has been removed from the item.
Project Summary:
Location: 241 East 100 North, Moab UT 84532
Property Owner: Andrew Roderick Taylor
Applicant: Shik Han
Parcel Size: 0.29 acres (12632.4 sf)
Proposed Lot 2A: 0.12 acres (5285 sf)
Proposed Lot 2B: 0.16 acres (7130 sf)
Zoning: R-3 Multi-Household Residential Zone
Proposed Use: Residential
Narrative Summary:
The property owner is proposing to subdivide the existing property, currently vacant
land, to allow for potential future residential development or sale for future residential
development.
Process:
MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor
subdivisions of five lots or less. These applications must be reviewed by the Planning
Commission and referred to Council with a recommendation, as noted below.
“MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required
documents
In subdivisions of less than five lots, land may be sold after recording of a plat, if all the
following conditions are met:
A. The subdivision plan shall have been approved by the planning commission,
the planning coordinator, the city engineer, the city attorney, other agencies the
zoning administrator deems necessary, and the city council;
B. The subdivision is not traversed by lines of a proposed street, and does
not require the dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements
of the zoning title or has been granted a variance from such requirements by the
appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the
utility supervisor
CITY OF MOAB RESOLUTION NO. 36-2020
A RESOLUTION APPROVING THE 241 EAST 100 NORTH MINOR SUBDIVISION AT 241 EAST 100
NORTH, MOAB, UT 84532, AS REFERRED TO COUNCIL BY THE MOAB PLANNING COMMISSION
WHEREAS, The following describes the intent and purpose of this resolution:
a. Property Owner Andrew Roderick Taylor, and Shik Han (Applicant), have applied for a minor
subdivision of the property located at 241 East 100 North, Utah; and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020;
and
c. The property is in the R-3 Multi-Household Residential Zone and the proposed uses are allowed
as permitted uses; and
d. Owner desires to subdivide the 0.29 acre parcel (#01-0NOO-0002) into two lots. Lot 2A would
be 0.12 acres (5285 sf) and Lot 2B would be 0.16 acres (7130 sf); and
e. The proposed lots satisfy the dimensional requirements of the R-3 Zone; and
f. The Moab Planning Commission reviewed the application for the 241 East 100 North Minor
Subdivision in a regularly scheduled meeting held on August 27, 2020, and subsequently
conditionally recommended approval to the City Council in accordance with MMC Chapter
16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a
public hearing; and
g. The Moab City Council reviewed the application and considered the Planning Commission and
Staff recommendations in a public meeting held on September 8, 2020; and
h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City
Council, pursuant to Resolution #36-2020, hereby finds, that the subdivision can meet or exceeds
the pertinent code requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the 241
East 100 North Minor Subdivision is hereby APPROVED.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on September 8, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder
Moab City Council Agenda Item
Every Minor Subdivision
Meeting Date: September 8, 2020
Title: Consideration and Possible Recommendation of Moab City Resolution
#37-2020, A Resolution Approving the Every Minor Subdivision of
Property Located at 165 E 200 North, Moab, Utah 84532.
Disposition: Discussion and Possible
Recommendation to the City Council
Staff Presenter: Nora L. Shepard, Planning Director
Attachment(s):
- Exhibit 1: Moab City Resolution #37-2020
- Exhibit 2: Vicinity Map
- Exhibit 3: Draft Plat
Options:
1. Approve with conditions
2. Continue action on the item and give specific
direction to the applicant and staff as to additional
information needed.
3. Deny the minor subdivision based on specific
findings
Recommended Motion: I move to approve Moab City Resolution #37-2020, A
Resolution Approving the Every Minor Subdivision of property located at 165 E 200
North, Moab, UT with the following conditions:
1. Prior to plat recordation, the property owner will remove any structures that may
straddle the new property line; and
2. All structures, existing or proposed, must meet the code required setbacks.
Project Summary:
Applicant: Rebecca Every
Location: 165 E 200 North, Moab UT 84532
Property Owner: Rebecca Every
Applicant: Rebecca Every
Parcel Size: 17,550sf
Proposed Lot 1: 6,750sf
Proposed Lot 2B: 10,800sf
Zoning: R-3 Multihousehold Residential Zone
Proposed Use: Residential
Narrative Summary:
The property owner is proposing to subdivide the existing property into 2 parcels. Exhibit
3 is the draft plat. Each parcel meets the minimum parcel size in the R-3 Zone of
5,000sf. In addition, each lot contains the minimum frontage along a street of 50 feet.
As a part of the Development Review Team (DRT) review, the City raised concern over
a concrete wall that was constructed in the City ROW. After research and discussion, it
was determined that there were no written documents allowing the wall in the Right of
Way. The wall has been removed by the property owner and is no longer an issue.
Another item of discussion with the staff was whether a sidewalk should be required.
There are no sidewalks on either side of this lot and the determination was made not to
require installation of a sidewalk.
Process:
MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor
subdivisions of five lots or less. These applications must be reviewed by the Planning
Commission and referred to Council with a recommendation, as noted below.
“MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required
documents.
In subdivisions of less than five lots, land may be sold after recording of a plat, if all the
following conditions are met:
A. The subdivision plan shall have been approved b y the planning commission,
the planning coordinator, the city engineer, the city attorney, other agencies the
zoning administrator deems necessary, and the city council;
B. The subdivision is not traversed by lines of a proposed street, and does
not require the dedication of any land for street or other purposes;
C. Each lot within the subdivision meets the frontage width and area requirements
of the zoning title or has been granted a variance from such requirements by the
appeal authority;
D. All final plat requirements shall be complied with;
E. All provisions of Chapter 16.20 of this title shall be complied with; and
F. The water supply and sewage disposal shall have been approved by the
utility supervisor.
CITY OF MOAB RESOLUTION NO. 37-2020
A RESOLUTION APPROVING EVERY MINOR SUBDIVISION AT 165 E 200 NORTH, MOAB, UT
84532, AS REFERRED TO COUNCIL BY THE MOAB PLANNING COMMISSION
WHEREAS, The following describes the intent and purpose of this resolution:
a. Property Owner Rebecca Every has applied for a minor subdivision of the property located at 165
E 200 North, Moab, Utah; and
b. Applicant submitted to the City of Moab the appropriate application and documents for review
and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020;
and
c. The property is in the R-3 Multihousehold Residential Zone and the proposed uses are allowed as
permitted uses; and
d. Owner desires to subdivide the 17,550sf parcel into Lot 1 (6750sf) and Lot 2 (10,800sf)
e. The proposed lots satisfy the dimensional requirements of the R-3 Zone; and
f. The Moab Planning Commission reviewed the application for the Every Minor Subdivision in a
regularly scheduled meeting held on August 27, 2020, and subsequently recommended approval
to the City Council in accordance with MMC Chapter 16.08.020 that allows a minor subdivision
of less than five (5) lots to be reviewed without a public hearing; and
g. The Moab City Council reviewed the application and considered the Planning Commission and
Staff recommendations in a public meeting held on September 8, 2020; and
h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City
Council, pursuant to Resolution #37-2020, hereby finds, that the subdivision can meet or exceeds
the pertinent code requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the
Every Minor Subdivision is hereby APPROVED with the following conditions:
1. Prior to plat recordation, the property owner will remove any structures that may straddle the new
property line; and
2. All structures, existing or proposed, must meet the code required setbacks.
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on September 8, 2020.
SIGNED: ________________________________
Emily Niehaus, Mayor
ATTEST: ________________________________
Sommar Johnson, Recorder