Moab City Planning Commission Meeting Report 2021-03-11

Video of the meeting can be found here:
https://m.youtube.com/watch?v=Qq3rHanfUcA

The meeting included two public hearings for changes to the Moab City zoning code and the related resolutions. There were no public comments for either ordinance. It also included Planning Resolution for a new Condominium Plat for the Kane Creek Condominiums. 

1. ORDINANCE NO. 2021-04. This is a text amendment removing Chapter 17.74 “Noise” from Title 17, the Zoning portion of the Moab City Code, moving it to Title 18, the Health and Safety portion of the code. The Noise ordinance will become Section 8.24 of Title 8 of the Health and Safety portion of the City code. There were no comments during the public hearing. The Planning Commission unanimously voted to forward a positive recommendation to the City Council. Most local governments include noise ordinances under health and safety. This move should make it easier to revise noise provisions in a timely manner.

2. ORDINANCE NO. 2021-05. An ordinance defining the point in time at which the City of Moab formally initiates proceedings to amend its land use regulations. Ordinarily an applicant’s vested rights are determined by the land use code in effect when the application is made. This ordinance follows from Utah Code which permits a municipality to deny approval of a complete land use application submitted within a 180-day period after a municipality formally initiates proceedings to amend applicable land use regulations in a manner that would prohibit approval of the application as submitted. The ordinance defines “formal initiation” for a land use code revision as when an amendment or change to the code is an agenda item in a Planning Commission or City Council meeting or the date of resolution by the City Council stating the City has formally initiated an amendment to the land use regulations. This would bar someone from hurriedly making a development application if there is an indication the City plans to alter the land use code.

3. Planning Resolution 03-2021. The resolution approves the New Condominium Plat Application for the Kane Creek Condominiums located at 443 Kane Creek Blvd. The development was approved earlier. This resolution allows the developer to record the Condominium Plat ownership division of the 47 unit multi-household dwelling. It does not change any of the permitted development. The resolution passed with five yea votes and one abstention. The intent of this condominium development is to allow a purchase price that is “drastically lower than the median home sales price within Grand County.”

Future agenda items:

1. The City will look at developing permanent regulations for permitting outdoor dining that may occupy part of a public right of way. This is in response to the popularity of such temporarily permitted uses during the past year.
2. The city plans to look at nonconforming uses of parcels in the city. No specific proposed action was mentioned.