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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