CITY OF MOAB ORDINANCE #2024-01
AN ORDINANCE OF THE CITY COUNCIL OF MOAB ANNEXING THE TJ MOAB ENTERPRISES PROPERTY AT 1082 SOUTH MAIN STREET TO THE CITY OF MOAB AND ASSIGNING THE ZONE OF C-4 GENERAL COMMERCIAL TO THE PARCEL
The following findings describe the intent and purpose of this ordinance:
a. TJ Moab Enterprises filed a petition (the 'Petition') with the Moab City Council (the 'Council') seeking to annex certain property of approximately 0.52 acres in size as described in Exhibit '1' hereto; and,
b. The property has been proposed for development with allowed uses in the requested zoning designation, at the time of application; and,
c. The City Council reviewed and approved a pre-annexation agreement in a regularly scheduled meeting held on September 12, 2023, setting forth minimum project development standards in Section 6 of the pre-annexation agreement; and,
d. The Moab Planning Commission reviewed the Petition in a public meeting held on April 25, 2024, to review the annexation and the requested zoning for C4 (General Commercial) Zone and found that the zone is acceptable for the types of uses proposed for the area; and
e. As required by law, the Council must consider comments from affected entities, if any, and no protests that complied with the requirements of U.C.A. 10-2-407 were filed after publication of notice of the Petition; and
f. The Council has determined that the property meets the requirements of Moab City's annexation policy plan; and
g. The Council has determined that the property meets the annexation requirements of Utah State Code, including but not limited to the Utah Annexation Act, U.C.A. 10-2-401, et. seq., as amended (the 'Act'); and
h. The Council endorses the intent of the Act and finds that the Petition meets the criteria for annexation of the property into the City because:
1. The property must be contiguous to the boundaries of the City. The property is contiguous with City boundaries
2. The property must lie within the area projected for the City's municipal expansion. The property is contiguous with the City boundaries.
3. The property must not be included within the boundaries of another incorporated municipality. The property is not incorporated within the boundaries of another municipality.
4. The annexation must not create unincorporated islands within the boundaries of the City. The annexation does not create unincorporated islands within the boundaries of the City.
5. The property proposed to be annexed hereunder will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of any other municipality to annex into the same or related area.
6. The annexed area does not include rural real property or private real property located in a mining protection area; and
i. The Council has held the appropriate public hearings and given the appropriate public notice and received public input pursuant to U.C.A. 10-2-407(6) - (7).
NOW, THEREFORE, BE IT ORDAINED by the Moab City Council that:
1. The Petition is approved and the property known as the TJ Moab Enterprises Annexation, as described in 'Exhibit 1' and illustrated on the attached plat, 'Exhibit 2', and located at 1082 South Main Street, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be C4 Zone.
2. This ordinance shall take effect immediately upon its posting pursuant to U.C.A. 10-3-711 and 63G-30-102(1).
PASSED AND APPROVED this ____ day of _________ 2024, by a majority of the City of Moab City Council.
SIGNED:
Joette Langianese, Mayor Date
ATTEST:
Sommar Johnson, Recorder
'Exhibit 1'
Lot 5, Block 'A', Plat 'A', Westwood Acres Subdivision as recorded in the Office of the Grand County Recorder
Notice of Special Accommodations (ADA)
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.