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PKT-CC-2014-01-28
Moab City Council January 28, 2014 Pre-Cou ell Wor 4shop REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 170 Page 2 of 170 Agenda City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, January 28, 2014 at 6:30 p.m. 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES None SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES SECTION 4: SECTION 5: SECTION 6: D cc m 7 o. a 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for January 2014 for Helen M. Knight School PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Resolution 1407-2014 — A Resolution Amending the Fiscal Year 2013/2014 Annual Budget SPECIAL EVENTS 6-1 Approval of Special Use of Swanny City Park by the Moab Rotary Club to Conduct a Classic Car Show April 25 to 27, 2014 6-2 Approval of a Special Business Event Application for Moab Rotary April Action Car Show to Conduct a Classic Car Show at Swanny City Park April 25 to 27, 2014 6-3 Approval of a Special Event License Application for Canyonlands Community Recycling to Conduct a Feast of the Mediterranean Fundraising Event at the Grand Center on March 1, 2014 6-4 Approval of a Class IV Beer License for Abigail Scott (Canyonlands Community Recycling) to Conduct a Fundraising Event at the Grand Center on March 1, 2014 Page 3 of 170 6-5 Approval of Local Consent for a Single Event Permit for Canyonlands Community Recycling to Conduct a Fundraising Event at the Grand Center on March 1, 2014 SECTION 7: NEW BUSINESS 7-1 Consideration of Proposed Ordinance #2014-01 - An Ordinance Amending The City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone and Specifically Amending the Sign Regulations In 17.31.040 (F)(2)(D), Freestanding Signs, with the Addition of Two Subsections 7-2 Approval of Proposed Resolution #10-2014—A Resolution Approving a Minor Subdivision for Gerald White 7-3 Approval of Proposed Resolution #06-2014 — A Resolution Amending the City of Moab Health Reimbursement Account (HRA) Plan 7-4 Award of the Lions Park Trail and Transit Hub Utility Improvements Bid 7-5 Approval of the Lions Park Trail and Transit Hub Utility Improvements Contract 7-6 Approval of Proposed Resolution #11-2014—A Resolution Supporting the Initial Community Vision for Future Uses of the Moab UMTRA Project Site 7-7 Approval of Proposed Resolution #12-2014 — A Resolution Approving an Interlocal Agreement Between the City of Moab and Grand County Pertaining to the Transfer of Grant Funds from the State of Utah Division of Parks and Recreation to Grand County for the Development of Non -Motorized Trails. 7-8 Approval of Proposed Resolution #07-2014—A Resolution Amending the Fiscal Year 2013/2014 Annual Budget SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT 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 D ca cm m a. sa Page 4 of 170 MOAB CITY COUNCIL MEETING January_214Z04 - Agenda Item #:5-1 & 7-8 Title: Public Hearing for Resolution #07-2014—Amending the Fiscal Year 2013/2014 Budget and Approval of Resolution #07-2014 Fiscal Impact: New expenditures are covered by new revenues. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: n/a Background/Summary: The City opens the budget at mid -year each year. There are very few items that need to be included in the budget opening, affecting only the General Fund and the Recreation Fund. In the General Fund, we received a State grant for the purchase of equipment for the Narcotics Task Force in the amount of $7,363, so both revenues and expenditures should be adjusted by this amount. The City also received two insurance payments for two separate incidents —one involving a Police Department vehicle, and one involving damage/replacement of a city light pole that was knocked down. The amount of the insurance payments and associated expenditures to repair or replace the items is $9,289. For the Recreation Department, the MARC's Plein Air event brought in more revenue through fees than expected, and had additional expenditures in the same amount of $8,700. Options: Council can approve, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approval of the proposed resolution. Recommended Motion: I move to approve Proposed Resolution #07-2014 - A Resolution Amending the Fiscal Year 2013/2014 Budget. Attachment(s): Proposed resolution #07-2014 1 D co m 7 o- S1 Page 5 of 170 RESOLUTION # 07-2014 A RESOLUTION AMENDING THE FISCAL YEAR 2013/2014 BUDGET WHEREAS, the City of Moab has proposed to amend the 2013/2014 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2013/2014 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2013/2014 Budget Amended Amended Revenue Expenditures 1. General Fund $ 8,439,153 $ 8,439,153 2. Recreation Fund $ 443,533 $ 443,533 FUNDS 2013/2014 Fiscal Year Budget Amendments REVENUES EXPENDITURES General Fund EXPENSES Narcotics Task Force Spec. Dept. Supplies 10-423-46 Police Department Equip/Supplies/Maint. 10-421-25 Hwys. And Public Improvements 07,192) REVENUES Misc. State Grants ($ 7,363) Insurance Income ($9,829) Recreation Fund ($8,700) EXPENSES MARC Special Projects REVENUES MARC Special Event Fees ($8,700) $17,192 $ 7,363 $1,914 $ 7,915 $ 8,700 $8,700 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 28th day of January, 2014. ATTEST: Rachel E. Stenta City of Moab David L. Sakrison Mayor D cm 7 o. S1 Page 6 of 170 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2°14 Agenda Item #: 6-1, 6-2 / Title: Approval of Permits for Moab Rotary April Action Car Show Fiscal Impact: Law enforcement and other city services are needed to support this event. These costs, amounting to several thousand dollars, have been budgeted for. The special event and park permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Moab Rotary International Background/Summary: The City Special Events Committee has reviewed the applications for the Use of City Parks and Special Event Business License for the April Action Car Show. We have conferred with the coordinator for the event and are of the opinion that all issues with the event and use of the park have been adequately addressed. We find that the proposed use of Swanny Park for this event provides clear benefits to the community. The event brings many visitors to the community and provides an attraction that locals and visitors enjoy. We have worked directly with the event coordinator on all issues related to the Special Event Permit and the Application for the Special Sue of City Parks. Traffic control, street closures, parking of vehicles, vendor location, hours and days of use, etc. have been addresses. Please note that the Park Use Application includes hours of use on three separate days. The Special Events Committee recommends approval of the Application for the Special Use of City Parks and the Special Business Event License Application for the April Action Car Show to be held April 25 through April 27, 2014. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. 1 D cc m o Q su JAAgenda Draft Documents\01-28-2014\Agenda Summary Car Show Permits - Copy.docx Page 7 of 170 Staff Recommendation: Staff recommends approval of all items with the following conditions: 1. The vendor organizer will provide extra paper products for the restrooms at Swanny Park. 2. Heat protection will be placed under any food vending apparatus that is placed on the grass. Food vendors will be placed as shown on the attached map. 3. Vendor vehicles will not be placed in the red zone on 100 West Street. 4. Prior to the start of the event, there shall be no parking in the red zones on 100 West Street. 5. The event organizer shall procure and place their own barricades. The City will not place barricades for this event. 6. Signage needs to be provided for, and event staff shall enforce, "no parking" on Walnut Lane. 7. No stakes shall be used for tents or other structures, to avoid puncturing water lines. 8. The event organizer shall provide for recycling containers at each trash can areas, and shall provide for the pick-up for both trash and recycling. 9. The event organizer shall provide a dog monitor for the park to ensure that dogs are not present at the event. Recommended Motion: "I move to approve (insert name of agenda item), subject to the conditions outlined in the Agenda Summary memo for this item." Attachment(s): Special Business Event License Application Application for the Special Use of City Parks D cc m Q JAAgenda Draft Documents\01-28-2014\Agenda Summary Car Show Permits - Copy.docx Page 8 of 170 December 18, 2013 City of Moab, Moab Rotarians are very excited to be able to offer the Moab Rotary April Action Car show. The 2014 show will be the Second that we will organize and we hope you will see improvements and potential for many positive opportunities for our community. We are open to any suggestions or requests you may have. This year's car show will take place on April 25-27. Friday the 25th will be Registration at the main pavilion in Swanny City Park all day with a Rod Run to Red Cliffs Lodge that will begin at 11 a.m. for those who want to participate. Saturday 26th we will be at Swanny City Park from 5a.m. to 5p.m. This is the main day of the show so we will have many volunteers from Rotary on hand. We plan on having shifts to check garbage, and toiletries. We have also made a request to registrant for no pets to be brought to the park. This will be the only day we will need the entire park. We have had Police Chief Mike Navarre attend many of our planning meetings and he is aware from experience what roads need to be closed and our plans for the show. We hope to work closely with the City Police to ensure a smooth and enjoyable show for all involved. Sunday 27th 9a.m. meet at Swanny City Park for Continental Breakfast leave on Rod Run at 10a.m. Please see attached maps, insurance information and volunteer duties. If you should have any questions please feel free to contact John Fogg Car Show Chair or myself Tara Richardson Rotary President 2012-2013 Agenda Page 9 of 170 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY licant Information Name of Person Responsible for Use of Park: Name of O anization and Event if applicable: Address: �())C: l„A,lo` (o Day Phone: if Email: 0/14Cti -Cent Proposed Park Usage Information Which park to you intend to use? Swanny Park: Please indicate the proposed dates and times of use• Proposed Start Date: Proposed End Date: Start Time: �L Start Time: Other (please indicate name of park. /pm End Time. /� Q� ai� amm /pm End Time. 1.L�"/pm 61'-l1;i. `Rt(L. Please specify what areas of the park are proposed for use• MP/S For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. Number of spectators that you expect: 3, L'OD Please describe structures, tents, canopies, portable r strooms, etc. that you propose to set up t the ark: cAist-l-ufiki?re.k Will amplification be required for our event? . Yes No S+ret L Please specify any electrical needs for your event: -Troia, VDO Otte Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. I V C; Vol,r(t lrl Ides crib ��, k_. owih� p y y g If you anticipate any street closures for your event I ase escribe Mow, and show o t e accom an in diagram. Agenda LC>et Po/de r-D))4, Ill PLEASE COMPLETE OTHER SIDE Page 10 of 170 I Do you intend for the park to be open to the public during your event? Yes Signature of Contact Person: For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any,sec ity r crow c ntrol measures u Ian for,use of the park: I. v (1.� �(�,0Y ��r ar r)s For groups over 100 people, please describe your refuse control and recycling plan: -j orb r{ n 41t e c °I` T9,1/4141) 004 mks Please describe your clean-up plan during and after the event: TNAlx10(-1 -0,61(61 ),N9- i-tkv-knoleety6 don ttp Pleasescribe your restroom facility plan: J Onn r Other Information 1 Lti1�n�e V 6.1 m 107- Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the commTity: au4v ar' �C hpl,�Y0%- d 7f*51*-3 Cal (1.0)- 6 Y r. Please specify d describe other community or city facilities that you plan to use: iVOlqe, Have you applied for a Special Event Permit for this use? Yes Will you be able to provide proof of insurance, showing the City as an additional insured? Yes I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to is permit. Date•/ / / 7 Office Use Only Public Works Review: Police Department Review: Administrative Review. Park Use Fee: Date Fee Paid• Date of City Council Approval. Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 11 of 170 uta/f/ I Swanny Park 4 Agenda 400 North Street Aquatic Center Outdoor Swimming Pools Playground Park Drive :.overed; BandsheN 6 Covered Picnic Tables 100 50 0 SCALE 3 Picnic Tables 0 100 200 1" = 100' Page 12 of 170 FEET To Main St. One Block p a.— I Swarmy Park O 400 North Sfreef i Aquatic Center Outdoor Swimming Pools nrs41. Playground cn J \\\\\\\\\\\\&\\\\\,_- 6 Covered Picnic Tables • • j a Park .0/ ve Agenda 1\ 100 5 N SCALE 0 100 200 „ l ��, FEET 1 of_ r:gkdgidW. 6/101 kg' To Main St. One Block m m 0 utv io SWaRly Palk 400 North Street Aquatic Center Playground Park Ori'Ve Reistr roorns �overech Bandsheh 6 Covered Picnic Tables 100 50 0 N SCALE 100 200 1"=100' To Main St. One Block FEET Agenda Page 14 of 170 jorigi aIt amp% PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 • PHLY.com 03/13/2013 Moab Rotary Club PO Box 222 Moab, UT 84532-0222 Re: PHPK991821 Dear Valued Customer: Thank you very much for choosing Philadelphia Indemnity Insurance Company for your insurance needs. Our first class customer service, national presence and A++ (Superior) A.M. Best • financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a n WO �l choice in insurance companies and truly appreciate your business. (Ante, a. tc rG�f�Ce Caal a4- `i-rw C S64-46 GYau ��/��rG ('`c lid-tv &lifj, "764., ?(911W "7-11A' l�4, Vv'd ev) h( / /72, 404.& (3, 4,,t 4?Ifx, to6 I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PHLY.com to learn more about our Company! 3tii#e?fq Concerns Sincerely, `47 f( Ad-za-Q-cd- Sean S. Sweeney President Philadelphia Insurance Companies SSS/sm 1phia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Co • Maguire Insurance Agency, I Agenda Page 15 of 170 DATE PAID: AMOUNT PAID: RECEIPT NO.: I -L.0 -14 r.1co NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: /I vtg CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB (\ Jai At) TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: r7_,\� i*-\�Ik�) 1,t,�(NPV. EXPLAIN FEES GENERATED BY THE EVENT I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): 6 I; 0 " 1,) P to . C % 35" SPECIAL EVENT FEE: PLUS (CHECK ONE): RANSIENT ($90): OR El CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES. c900,06 $200.00 LICENSE #: ZONE: IailL a7/111"(mho NUMBER OF VEN/DOO S PARTICIPATING: if (arecA EVENT SPONSORS NAME: SPONSORS ADDRESS: Law,i(Vted .CI .2 12, SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION PHONE: )rei—/Sl'c) CITY: al Ca10 STATE: k. ZIP: (6,f 3-‘3\ EVENT SPONSORS SALES TAX ID #: THER SPECIFY): NAME REGISTERED WITH THE STATE FOR TAX ID: DATE OF BIRTH: Rom w THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OFyA LICE WILL BBEry{ DELAYED. / INVE �l Xink )N I t VC&MI HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPON]SG)R). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. 14/1 gnature of Sponsor State of Utah ) SS County of Grand ) /1 SUBCRIBED AND SWORIy tq before nne this i l day of pk-) Ov14147[I , /" %3 ate TARY PUBLI SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! KEITH BROOKS Notary Public State of Utah Comm. No. 604507 My Comm. Expires Jan 28, 2015 Agenda Page 16 of 170 Man 8u!du1S u!d sasse!8uns !awl@ill!p ft-OIL-108 017E178 in paelllM )6L 'M LE8 sassel8uns wopaaa3 s!ll!M pegO A 'sanbl.uy;6uejzzel#n 9ZEti8 in @MAIM! 19 x08 Od anlonno9 ovny anb!un aa3 aeuef sanb!luy Z06Z-Z96-SSL Et7068 AN at-luo!d SS x08 Od sanb!luy Aogmo0 aSioag pisu!paag sNuua sAADJO>pap 7L-1798-SE17 1E9178 in alOWI 3 =178 x08 Od slum aals!nnl sexal IelsAJD wanw poo3 aenbuap u 7.9-6SZ-SEti ZESV8 in geOIN H 'oS TL6Z uoai Buipuaig s,a!sns alsns aolAei poo3 ae!I!pesanb'.0-09Z-SEb ZESV8 in geoW 3nim 808 ell!goW elllpesanb analS lllaaean3 _lead luan3 e�saaluen;9-098-0Z6 OZZVS IM mmol!ue!AI IEZ 'S OSEZ sa!ydaig saalueA as!no-! lg Id tpoN poo3 ILZO-9E8-0ZS SE08-09Z ZEStiB in geOW S9Sx08 Od gno suon geoW aueZ aolAel an3 `aaleM 17Z8L-6SZ ZESti8 in geoW aO 1se3 LIZ aaaawwo0 jo aagweln geol\l ana#s Aanno1 oqd luan3 89L8-6SZ ZES178 in geoW ypaoN ZEE sToyS uol;uy anea 21,1!I@SS3 A pawed ZZZS8 Zd DualD eseO ) )saM L96 sinN inoge zlnN ALl e>I'S a>l!IAI qwei spas new -a ## auoyd d!Z aleIS Am ssaappy Auedwo0 aweN isa!3 aweN ise3 Page 17 of 170 r ca c a) Em Q CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: rM 1 oao'� FOR ZONING OFFICE USE ONLY PARKING: V / 87) 0E1 MOAB CITY CODE: IT01 • RAO SIGN PERMIT: eQ MOVED -ON NECESSARY: ❑ YES NO REQUIRES PLANNING\IliCOMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: PHONE: DATE: I (.Y ' 1 CITY: f Y ILth STATE: ZIP: i NAME OF EVENT: yi1 VCGO QVA( i�/(. %�'�a o,' C6V Slik0 /1 1 ! LOCATION OF EVENT: S a lin�, JC/cti(L ii�1� T") ., ZONE: V Cl� `� DETAILED DESCRIPTION OF SPECIAL EVENT: CO6VY0 .4 i4 _._..c, _. �,.. _ ,.._ _ ... _ _ x...r�w�a.. •...-+ - •a ;•••...... „.:.'.:,.•...'b.- MaFtdkald:C•C.sl-UY:IS.94YYF4INWaAYr'JCAJAMRT.mfA:P Agenda Page 18 of 170 0 05 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28, 2°14 Agenda Item #: 6-3, 6-4, 6-5 [Title: Approval of Permits for Feast of the Mediterranean Fundraiser Fiscal Impact: No city services are needed to support this event. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Canyonlands Community Recycling Background/Summary: The City Special Events Committee has reviewed the Special Event License and Class IV Beer applications for the Feast of the Mediterranean Fundraiser. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The event was held previously at the Grand Center (11/17/2012) and was the first approved event in City limits with Alcohol at a public facility. There were no issues with the previous event and staff is confident that event organizers will continue that trend. The Special Events Committee recommends approval of the Special Event License, Class IV Beer License and Local Consent of a Single Event Permit for the Feast of the Mediterranean Fundraiser for Canyonlands Community Recycling at the Grand Center on March 1, 2014. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of all items. Recommended Motion: "I move to approve (insert name of agenda item), subject to the conditions outlined in the Agenda Summary memo for this item." Attachment(s): Special Event License Application Class IV Beer License Application Local Consent of a Single Event Permit 1 D cc m Q JAAgenda Draft Documents\01-28-2014\Agenda Summary CCR Feast.docx Page 19 of 170 DATE PAID: AMOUNT PAID: RECEIPT NO.: q�� 1 8 (A--S- CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 90,E SPECIAL EVENT FEE: $8C,OQ LICENSE #: ZONE: C NAME OF EVENT: OR ifk\I1 t ; 1V t (1'tS L�\i oriv jIA,' DESCRIPTION OF EVENT: �1,7n i i-c-4 S,rx3 d mylQC' LOCATION OF EVENT: GAraPiCk PREMISES TO BE USED: � t"•GGiT\ TEMPORARY STRUCTURES TO BE USED (IF ANY): 1\1 / A �cmctkncj tk 1`11-GA,1-efrckv‘eG1 \Rnace►611 r- C�� I Ik Moa6 mt cru F-� e r c iA h t-ZC-lt n DON \l it % 11V(, Moab 1 ti\c\ 1- DATE(S) AND TIME(S) OF EVENT: �iA1...) (q'�/,l� ,' V \('�!� �,/1 1'} , 9-04 \C,, rifyi ANTICIPATED # OF EVENT PARTICIPANTS: ij -h> c:C (., \‘ Q t\_\ Vic) kijS..) 0' ,1i , C ) "' VirG 4 eY S 1 !',:Ctli w\ Qvi!iy- LI�S�Z1�• Li�1�t(c EVENT SPONSOR'S NAME: `.. LIfq; UNAS �.�fY\1r� \�"� IViLk n/\ CC L�) t Q x"9 11i'Cl� `^ PHONE: (� 11' (80,1 -1-1E ��Q SPONSOR'S ADDRESS: Ft �K c(1-OrotkInci) kit E tGY�N C�� Jl(�� CITY POu(P� STATE: v� ZIP: �� SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: ' 7 J DATE OF BIRT1.. THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. t `\`- % \C"'_) INVE C.Ol coiCirti C 1v1 nuARZI.k./Liy^L . HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB LEASE PRINT NAME( ,, CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ASPONSOR. Signature State of Utah ) ) SS County of Grand ) SUBCRI BED AND SWORN to before me this (c) day of NOTARY PUBLI • 2� 1/ Co /2! Uate �ct Yt l{,ct_r , a-oi JENNIE ROSS Notary Public State at Utah Comm. Na. 661521 My Comm. Expires Dec 11, 2016 t SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Agenda Page 20 of 170 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: EX1S`j'f tI ❑ YES 17i No ❑ YES � No DATE: ( �1 ' I at NAME OF APPLICANT: proemy�V\MOn,airIS COisAI ANtt V-QUJ'C_ VV) ((CO PHONE: I:k.-TkV(1 9)c APPLICANTS MAILING ADDRESS: To ?;701, Q� CITY: \IY\ 009 STATE: 0. ZIP: 04 ,) J12- NAME OF EVENT: LM1- ck-kVA. lY1(2.r\ e cvne.conA voc\ret‘ A5D Anywr -qic CLT, LOCATION OF EVENT: 6-Tr-Ana Coy-Oref Lei 114 5l1,-) `\.J + ZONE: CA DETAILED DESCRIPTION OF SPECIAL EVENT: A l Ack,cm t ne\ a \mar dii �r ( (9-...GM N. its 5 Q.%r\N Ail kcA vk ee 'ctVno_Dm - oA --t, cQ ;r0-,A, ii-S rx\Wo o(ex5i 1 _, , av\A V),(A\te \ \1/4N Q yAizom.wovwzh\- A 61(.02k\-)ancx. eve,. 16k1\ -6.\\A 1vJ\cvn c, sQsArymo Ai• \(--vtiprnyou\x)rt nn AAA0 AA o nh r arak fa (Ai c ll2-t Agenda Page 21 of 170 oe 2s SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB CLASS I FEE: O CLASS II FEE: O PRIVATE CLUB O CLASS III FEE: 0 CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: 7"\\61 a,1 �C.�'� (Ncrx rivvnDtro_eroc CeinyrI( nck LbrommAi eQuAcIItOME PHONE: 9A4-1-`g- 60% HOME ADDRESS: q J�4. C (�,p,.,�,, T►dBpKcil(�`,ttrt) CITY: A40000 STA E: ZIP: $I.�$'32 DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: Cave afIkanaS COvvwv+Vn1kA faAC�k•AC1 C(L�� SALES TAX ID# _ r BUSINESS ADDRESS; �? -a' /('�t 1 1 QtS} tob Nt;c�1n j BUSINESS PHONE: 14•3 - 2, to - Liciak BUSINESS MAILING ADDRESS: 1`v /2)OX 91 CITY: ' l VS) (Op STATE: 07 ZIP: Ns-6z WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE Cl CLASS I ❑ CLASS II In PRIVATE CLUB ❑ CLASS III CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO RYES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: *Seer application is for 3.2% by weight only. Also requires a State license. 09/2 Agenda Page 22 of 170 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND licant's Signature A\oi Sc 04 , being first duly sworn, on his/her oath deposes and sa That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this day of JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 Notary Public Agenda Page 23 of 170 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description .of the proposed event: SakV OLUit AGRAA ls} t'yoly (P rn-1nQw, �� k�a. (Aroma CeAker (14�2 N 5t>hW , Moab, lSt gys32' Vects' �,� � '1N cl ii igranecm Vundlc3 oser -q5< Cap onbancls (xyvo vn, ire c1\CCCM r�-�ucv,OccaIstn � � � '� gdrat(' �� *AR, Wi toc CAvvtnwnt% �nnpar A4 c5c Atw�kton t Uvino likmss‘bn elfVVanG1n cstAA- knoaoilt'% �t 2,vv��r'hnertrI,� I.b040 CwtW�nv✓161 2. Please provide a floor plan or detai ed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; is &L. aikaclad Qtan 3. Please state the purpose of the association or entity conducting the event: CCr, 15 a ara fv,(\e«g-11 or lie t takton Aa dt coAtok -Vb Sec\An kkk WMkg.to (‘ f set. ()Move-) &roo v, publtt_ t� reuc�► ana Rcl v C��of, ah Cec�c\� and Walk r p rIAAAt,ot, a� k-kl � C,1� ��'�S as �u m��`3 r o1. we" � uL - 'Ytatr t y C lv�'rwn t� I,pot(wit 4. I Ao.k ,i1,, Ctc4 hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on ft(rIA \sic , starting at (0:6b PM, and located at Tk.(5lCana t P,Ar N tr")60w) for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STOF UTAH COUNTY OF GRAND ) SS SUBSCRIBED AND SWORN TO BEFORE ME BY THIS DAY OF -Dart tear y on JENNIE ROSS Notary Public Stat. of Utah Comm. No. 661521 N My Comm. Expires oepiust c t t, 2016 �} b 115k. , I ,Sc.o-tf 1 I , DATE: 1 f f 201 4 ON NOTARY PUBLIC Agenda Page 24 of 170 NtAiaJ Agenda Page 25 of 170 T b,.etpetr S'7.(rAIS' i'PsA.r_ tsa yt vui&y6 . Nt I SI NGL E EVENT PERM I T L ocal Consent PURPOSE: Local busi nc sc licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue en event permit to en organization for the purposes of storage, sale, offer for sale, furnish, or a low the consumption of an a canal i c product on the event premises AUTHORITY: Utah Code 32B-9-201 MAD [N City [ ] Town [ ] County Local busfloss license authority hereby grants its consent to the issuance of a single event permit I i cense to: Applicant Entity/Organization: Can0(46'41a5 COVVYWki�QC1 ACI\� Event location address: a ot! A Cm1AA-t r t va_K\ CJIccmoub kr( V` t 3).s. street atY n,, `tie zip On the 1�- days) of �r6A , 2V `1 da: morrth Year during the hours of *00Its " �,Q• OD, pursuant to the provision of Utah Code 32B-9. rr>� hours from to ` Authorized Signature Narne/Title Date This is a suggested format. A loodIy produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Sdt Lake City, UT 84130-0408 Single Event Local Consent (02/2012) Agenda Page 26 of 170 1 New Business 7-1 Consideration of Proposed Ordinance #2014-01— An Ordinance Amending The City of Moab Municipal Code, Chapter17.31, RC, Resort Commercial Zone and Specifically Amending the Sign Regulations In 17.31.040 (F)(2)(D), Freestanding Signs, with the Addition of Two Subsections 15 Attachment Index 1. Agenda Summary prepared for City Council for January 28, 2014 2. Ordinance 2014-01 (formerly Ordinance 2013-20) 3. Planning Commission Minutes — November 14, 2013 4. Planning Commission Minutes — December 12, 2013 5. Amendment Proposal Addendum provide by applicant 6. Copy of Holiday Inn Expansion Site Plan dated 8/7/12 showing the frontage road 7. Holiday Inn Express aerial photograph (prior to expansion) 8. Holiday Inn Express aerial photograph (post expansion) 9. Holiday Inn Express Access Road Area aerial photograph with contours showing changes in elevation for the general area (Contours shown at ten foot intervals) 10. Holiday Inn Express Entrance aerial photograph with contours showing changes in elevation for the Holiday Inn Express property (Contours shown at one foot intervals) 11. Photographs of the Holiday Inn Express and Aarchway Inn properties, including frontage road 12. City of Moab/Grand County North Corridor Gateway Plan (as adopted April 4, 2001) 13. Ordinance #2002-04 implementing the Gateway Plan by the adoption of the RC, Resort Commercial Zone District — Labeled as Exhibit D and Exhibit E showing the intent and objectives of the RC Zone 14. Ordinance #2002-04 implementing the Gateway Plan by adoption of the RC, Resort Commercial Zone District — in its entirety 15. Copy of the presentation made by the applicant at the November 14, 2013 Planning Commission public hearing (Technical difficulties prevented the applicant from making a PowerPoint presentation) 16. Copy of the PowerPoint presentation made by the applicant at the December 12, 2013 Planning Commission public hearing. 17. Written public comments provided by the applicant during the Planning Commission public hearing Page 27 of 170 AGENDA SUMMARY MOAB CITY COUNCIL MEETING January 28/ 2014 / AGENDA ITEM #: 7-1 G1TY o� r St MOAB PL-14-001 Title: Consideration of Ordinance #2014-01 (Formerly #2013-20), a Moab Municipal Code Text Amendment Amending Chapter 17.31, RC Resort Commercial Zone by Adding Text to the Freestanding Sign Regulations Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant(s): Owner, Jim Koehler as Moab Lodging, LLC represented by Denise Dragoo, Attorney, and Jeremy Day, Manager Background/Summary: Mr. Koehler owns the Holiday Inn Express and has concerns about the signage for his hotel. There are numerous issues that have been raised about the properties in this area that are further discussed in the Additional Information below. Some of the concerns include: Size and configuration of the UDOT R-O-W; The location of the property; The difference in the elevations of the Holiday Inn Express property and HWY 191. Mr. Koehler is proposing a text amendment that will add two additional sections to Chapter 17.31.040 Subsection F, Signage, 2.d, Freestanding Sign, that will increase the sign area for specific locations in the RC (Resort Commercial) Zone. The proposed amendment would be applied to those properties and or signage that are: 1. Located a distance of more than 50 feet "from the road in which they are addressed", and 2. The sign is located below road grade. To address these two situations the proposed text amendment looks to increase the size of the signage to: 1. No more than 110 square feet, and 2. Have a maximum height of eight feet above the road grade "which the business is addressed." The Holiday Inn Express fronts on a private frontage road that is adjacent to the UDOT right-of-way. The current code requirements for freestanding signs limit sign height and area in two ways: internal illumination and external illumination. The text in 17.31.040F.2.d ii states: D csa m Q Page 28 of 170 "...All free-standing signs shall: i. Be monument -style; i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; ii. Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; ... however, where such a sign is not internally illuminated the maximum square footage shall be forty square feet; iii. Be placed within a landscaped setting containing not less than one hundred twenty square feet; iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; and v. Identify the principal land use on site with one such sign per street frontage; The proposed text amendment in Ordinance #2014-01: o Does not identify if the allowed size of 110 square feet is internally or externally illuminated; o Will allow an overall sign height of about 16-18 feet if located on the current location of the existing Holiday Inn Express freestanding sign; and o Will allow all types of freestanding signs to be constructed to the new height, unknown illumination and size standards. The Planning Commission held a public hearing on this proposed ordinance at their meeting on November 11, 2013, and was extended to the meeting of December 12, 2013. The Commission heard both the staff presentation and the applicant's presentation and subsequently voted 3-0 to refer the application to the Council with an unfavorable recommendation. Additional discussion of the meeting is contained in the Additional Information below. Options: The City Council may: 1. Adopt Ordinance #2014-01 as written; 2. Adopt Ordinance #2014-01 with changes; 3. Vote to not adopt Ordinance #2014-01; 4. Postpone the application until a later date and request additional specific information; or 5. Establish a date for a public hearing. Staff Recommendation: Staff agrees with the Planning Commission and recommends against adoption of the ordinance. Code Chapter 17.04.070 states, "it is the burden of the applicant to provide "good cause" to support a proposed text amendment" and goes on to state, "... amendments to the Land Use Code are committed to the sound discretion of the city council". D ca cm m a. m Page 29 of 170 Within the section there are eight criteria that Council uses for review in determining the validity of the proposed amendment. Those are listed below with staff comments following. A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Pertains to amendments involving the types of uses in zones and does not apply in this case. B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? Pertains to amendments involving the types of uses in zones and does not apply in this case. C. Is the amendment consistent with the policies and goals of the general plan? As noted in the background, the North Corridor Plan was adopted as an addendum to both the Grand County and City of Moab General Plans. The proposed text amendment to increase the signage is not consistent with the General plan. D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? The increase in size and elevation of the signage will impact the western view of the valley and especially The Portal. E. Is it in the public interest to approve the proposed amendment? Approval of the ordinance has no benefit to the public but will favor a single business owner. F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? The amendment does not provide opportunities for redevelopment. G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? Other options for development are not being provided by this text amendment. H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? The amendment is inappropriate when the remaining amount of developable property in this zone is considered. During the past 6-8 months, renewed interest has been shown in development of undeveloped properties along this stretch of HWY 191 between the Colorado River and 500 West. While the applicant has pointed out the non -conforming sign of the Aarchway Inn (constructed in 1998) as a reason for the signage to be increased on his property, any other development will be required to meet the standards established by the RC Zone. The development standards for the RC Zone were established to create a unique zone for a different feel of the entry corridor into the city. This proposed text amendment will dilute the intent and the results of the joint effort it took to create a distinctive appearance. It is recommended that the City Council vote to not adopt the ordinance. This is done by making a positive motion for approval, and then voting against the motion. D ca cm m a. m Page 30 of 170 Recommended Motion: I move to adopt Ordinance #2014-01 Attachment(s): Narrative/draft language Staff Aerial Site Plan Photos Exhibits Draft Ordinance #2014-01 Copy of Applicant's December 12, 2013 PowerPoint presentation Copy of letters submitted by employees Photos of Staff Exhibits Additional Information As noted above, Mr. Koehler owns the Holiday Inn Express and has concerns about the signage for his hotel located in the Resort Commercial (RC) Zone. The property was developed in 2003, and is located on a frontage road that is adjacent to the UDOT right-of-way for HWY 191. The distance from the hotel parking area to the west right-of-way property line is roughly 100 feet. The right-of-way does not run completely parallel to the existing frontage road and drifts toward the northeast away from the asphalt by about ten feet. The hotel is accessed using a driveway either on the north end or the south end of the frontage road that is located in an access and utility easement through private property. The city has been working with the property owners adjacent to the road for some time to obtain a dedicated city street right-of-way, but this has not yet taken place. The frontage road is constructed an average elevation of approximately ten (10) feet below HWY 191. (Exhibit A) The front of the hotel is located at about 8.5 feet below the frontage road. The applicant feels that there is an issue of visibility for his business and cites recent complaints from guests about not being able to find the hotel. The complaints apparently have been registered since the construction of the 40-room addition to the existing structure on the site since staff has not receive any comments from hotel management prior to the addition. PLANNING COMMISSION SUMMARY. The issue of the elevation difference was discussed at the Planning Commission meeting and the applicant's attorney, Denise Dragoo, pointed out what they feel are additional unfair advantages that an adjacent hotel has over the Holiday Inn Express. Ms. Dragoo discussed the signage on the adjacent Aarchway Inn property as an example of the unfairness that is being faced. The Aarchway Inn has an illuminated sign that does not meet the twenty four square foot maximum size requirement for internally illuminated signs. The sign is also taller than the maximum height of eight feet. This is the single freestanding sign that is located directly on the Aarchway Inn premises and no wall signs exist. In addition, the sign is not eight feet "above the road grade which the business is addressed." It is important to note that the Aarchway Inn was constructed in 1998, prior to the adoption of the "Gateway Plan" by Moab City and Grand County. The zoning and sign regulations in place at the time of D ca cm a. Page 31 of 170 construction of the Aarchway Inn were significantly different than the rules and regulations of the "Gateway Plan" and allowed for much larger freestanding signs. In contrast, the Holiday Inn Express has a free-standing sign that does not meet the code requirements to: 1. Be a monument -style; i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; 2. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design. Interestingly, the Holiday Inn Express sign is about 18 square feet, roughly six square feet less in size than the twenty-four square feet allowed for an internally illuminated sign. Also, the sign company "mock up" showed dimensions that equaled 75.5 square feet for the proposed sign and not 110 square feet. Additionally, two wall signs have been constructed on the Holiday Inn Express in addition to the freestanding sign. There is a wall sign located on the canopy above the front entry and a one on the east facing wall. (See attached photos) Only one wall sign is allowed per use. The Holiday Inn Express signs that exceed the code requirements were allowed by a 2004 district court ruling that was the outcome of a lawsuit that Mr. Koehler directed at Grand County in 2003. Aarchway does have two small illuminated signs at the entries to the frontage road that are 30"W X 38"H, and a billboard style sign that specifically states that to reach the Aarchway Inn, a guest must "Turn here". (See photos) The small signs are considered directional signs and have specific standards under another code section. The applicant could also have this type of directional sign. Staff performed a drive -by of the property and concluded that the issue is not the size of the sign but the lack of good directional signage. There are other options that the applicant should explore: 1. Contact UDOT and ask what would be allowed that is similar to Aarchway at the southern turn onto the frontage road. Currently, the access is overshadowed by the very large billboard advertising Redstone Inn. 2. Contact UDOT and ask what is available for installation in the right-of-way. Perhaps a state sign can be used to point to the frontage road. History of the RC Zone Because of concerns over the types of development along this primary north entry into the city and county seat, the City of Moab and Grand County collaborated and developed Moab/Grand County North Corridor Gateway plan or "Gateway Plan". The Gateway Plan was adopted in 2001 by the city and Grand County as an addendum to the respective General Plans, and served as the managing document for county development in the corridor until the 2008 annexation into the municipal boundaries. It still is used for development design beyond the city limits. The hotel was approved in 2002 and constructed in 2003 while still in unincorporated Grand County. The Gateway Plan was reviewed by the Moab City Planning Commission on April 11, 2002, and became the RC (Resort Commercial) Zone on July 9, 2002. The North Area Annexation properties were zoned RC at the time of the annexation in 2008. D csa m m Q su Page 32 of 170 Sometime between the completion of construction of the hotel in 2003 and the 2008 annexation, Mr. Koehler sued the county because of the wall sign regulations. Staff is unaware of the details of the suit but the judge ruled in Mr. Koehler's favor and allowed an increased amount of signage beyond what had been duly adopted. The attached photos in Exhibit B show the current signage on the property. A review of the intent of the Gateway Plan is an important element for the evaluation of this application. The properties that were affected by the plan are located within 500 feet of HWY 191. It was applied to the lands in the corridor from the Arches National Park entrance to the City Limits prior to the north area annexation. It also encompasses the Atlas properties, a portion of HWY 128 to include the Transportation Hub, and the north side of the Colorado River toward the east. Creation of the Gateway Plan was not taken lightly because the city and county desired for development in the corridor to have a "lasting impression" that was visually distinct from other gateways. This is spelled out in the first paragraph of the introduction and under the heading Community Identity and Vision Statement (Exhibit C). This vision and desire for an improved unique entry into the county and city carried over into the RC Zone. Ordinance #2002-04 (Exhibit D) states, "WHEREAS, the Inter -local Agreement [between Moab City and County] was established for the purpose of ensuring that the same land uses are allowed and in the same development standards apply to all development in the North Corridor, regardless of the jurisdiction in which development occurs and to this end included the following goal: Development of a uniform set of zoning standards, including design standards, to be adopted by both jurisdictions." The wishes of the city and the county in adopting the Gateway Plan were carried over into the Grand County Land Use Code and into the Moab Municipal Code Section 17.31.010, Objectives and characteristics: "The RC, Resort Commercial District is intended [to establish] site design concepts that implement the Moab/Grand County North Gateway Plan ("Gateway Plan"), an amendment to the city of Moab General Plan. The district is designed to create a positive first impression of the city of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest - oriented and local -oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC, Resort Commercial Zone shall be in compliance with all other applicable provisions of this code...."(Exhibit E) The Gateway Plan/RC Zone extends to the north beyond the boundaries of the city limits and will be applied to all development in the areas described in the Plan. The development standards are key to an attractive entry and the attached proposed changes are excessive. There are other properties that will have to meet the code requirements and there is very recent interest in development on properties in the north corridor. Staff does feel that a thorough review of the regulations is needed by the Planning Commission but considers that the proposed language in the attached draft ordinance is inadequate to ensure the desired results of the zone. The language is also vague and would likely cause confusion in interpretation and enforcement. jAagenda draft documents \01-14-2014\p1-14-001 rc sign text amendment.docx Page 33 of 170 DRAFT ORDINANCE #2014-01 (Formerly #2013-20) AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.31, RC, RESORT COMMERCIAL ZONE AND SPECIFICALLY AMENDING THE SIGN REGULATIONS IN 17.31.040 (F)(2)(d), FREESTANDING SIGNS, WITH THE ADDITION OF TWO SUBSECTIONS WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, the City adopted the Moab/Grand County North Corridor Gateway as a General Plan Amendment in March 2006, to present the community vision regarding land use preferences and development design standards related to streetscape appearance, rather than to specific architecture; and WHEREAS, James P. Koehler, dba Moab Lodging, LLC, P.O. Box 15, Aberdeen, SD, 57402- 0015, as owner of the property located at 1653 N. HWY 191 (Main Street), Moab, UT, has through his agent applied for a code text amendment as allowed under Chapter 17.04, Zoning Map Amendments and Text Amendments; and WHEREAS, Mr. Koehler has found that the signage requirements of 17.31.040 (F)(2)(d)are inadequate for his needs; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on November 14, 2013, met to hear testimony and determine the merits of the changes to Chapter 17.31 of the Moab Municipal Code; and WHEREAS the Commission voted to recommend/not recommend that Council adopt the amending language and that adoption of Ordinance #2013-20 is in the best interests of the citizens of Moab; and, WHEREAS, the Commission found that the proposed changes to said code chapter would benefit the businesses located in the RC Zone; and WHEREAS, Council reviewed the code amendment and the recommendations of City Staff and the Planning Commission and found that the amendments to the code are in the best interests of the City and residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-20 is hereby adopted to amend the Moab Municipal Code, Chapter 17.31.040 Section F, Signage, Subsection 2.d, Freestanding Signs, with the following new paragraphs vi and vii: 17.31.040 F.2 d. Freestanding Signs. All free-standing signs shall: Page 34 of 170 DRAFT i. Be monument -style; i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; ii. Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; provided, however, where such a sign is not internally illuminated the maximum square footage shall be forty square feet; iii. Be placed within a landscaped setting containing not less than one hundred twenty square feet; iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; v. Identify the principal land use on site with one such sign per street frontage; vi. In locations where the property line of a business and the location of its sign is more than 50 feet from the road in which they are addressed the maximum sign area shall not exceed 110 square feet; and vii. In areas where the sign location is below road grade the sign height shall be limited to eight feet above the road grade which the business is addressed. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2013. City of Moab Attest: Rachel Stenta City Recorder Mayor David L. Sakrison p:\planning department \2013\ordinances \ordinance 2013-14 industrial uses.dacx Page 35 of 170 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: NOVEMBER 14, 2013 :: Members Present: Members Absent: City Staff: Public Members: Jeanette Kopell, Laura Uhle, Kelly Thornton, Joe Downard, Wayne Hoskisson (arrived at 7:02 pm) None Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 5 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah Planning Commission Chair Kelly Thornton called the meeting to order at 7:00 pm. 1. Planning Commission Workshop — 6:30 Planning Commission members did not hold a workshop this meeting. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: October 24, 2013 Commissioner Kopell moved to approve the minutes for October 24, 2013 as written. Commissioner Downard seconded the motion. The motion carried 4-0 aye. 3. Action Item — Planning Resolution 17-2013 A Resolution Conditionally Approving a Commercial Site Plan for the Construction of an Addition to the Aarchway Inn at 1551 US HWY 191 in the RC, Resort Commercial Zone Commissioner Kopell moved to approve Resolution 17-2013 with the conditions listed in the resolution. Commissioner Downard seconded the motion. The motion carried 5-0 aye. 4. Public Hearing — Proposed Ordinance 2013-20 An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Denise Drague, Attorney for Jim Koehler, made a presentation regarding their application. She submitted a packet containing documents and photographs to the Commission to support their application. D m CD b City Planning Commission, Minutes a ting, November 14, 2013 S1 Page 36 of 170 Page 1 of 2 Jeremy Day, Hotel Manager, addressed the Commission regarding complaints from hotel guests about difficulties finding the hotel in support of their application. Commission Chair Thornton opened the public hearing at 7:34 pm Randy Day spoke in favor of the proposed text amendment. He feels that there are inequities in the Resort Commercial zone and feels that a larger sign allowance would be appropriate. He also stated that there should not be a second review process for signs. He feels that signage should be included in the approval of the site plan without going through a separate sign permit process. He also stated that the sign code should be clearer, straightforward, and fair to all businesses. He stated that he was the Chamber President and he has received complaints from business owners about the strict sign code regulations. He urged the Commission to look at the inequities in the code and work through the process in order to create something unique for the area. Commissioner Kopell moved to continue the public hearing until the next Planning Commission meeting on December 12, 2013. Commissioner Hoskisson seconded the motion. The motion carried 5-0 aye. 5. Action Item — Proposed Ordinance 2013-20 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Due to the continuation of the public hearing, Commission members did not take action on proposed Ordinance 2013-20. 6. Future Agenda Items Commission members held a discussion regarding the proposed changes to the Resort Commercial zone. They felt it would be important to discuss signage related to the highway grade. Commissioners expressed concerns about the frontage road and visibility. They wanted to explore the potential impact of the code changes to existing properties and new developments in the Resort Commercial zone. Commission members held a brief discussion about future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:04 pm. D cc m 7 o. S1 b City Planning Commission, Minutes ing, November 14, 2013 Page 37 of 170 Page 2 of 2 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: DECEMBER 12, 2013 :: Members Present: Members Absent: City Staff: Jeanette Kopell, Kelly Thornton, Wayne Hoskisson Laura Uhle, Joe Downard Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson Public Members: 8 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Chair Kelly Thornton called the meeting to order at 7:01 pm. 1. Planning Commission Workshop — 6:30 Planning Commission members did not hold a workshop this meeting. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: November 14, 2013 Commissioner Kopell moved to approve the minutes for November 14, 2013 as written. Commissioner Hoskisson seconded the motion. The motion carried 3-0 aye. 3. Public Hearing — Proposed Ordinance 2013-20 An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Commissioner Thornton opened the public hearing at 7:05 pm. Denise Drague, Attorney for Jim Koehler, showed a powerpoint presentation in support of their application which included photographs of the existing sign as well as renderings of the proposed sign if the text amendment was approved. A paper copy of the presentation was submitted as part of the meeting record. Jeremy Day, Hotel Manager, addressed the Commission regarding complaints from hotel guests about difficulties finding the hotel in support of their application. He stated it is really not a nighttime problem but more of a daylight time problem when guests want to check in, drop off their stuff and go out and see the rocks and go play. He stated when guests are coming into the valley they are not looking down the hill for a sign. They are looking at the valley and with the speed limit being 45mph it's harder to see the turn and a larger sign would be a huge b City Planning Commission, Minutes ing, December 12, 2013 Page 38 of 170 Page 1 of 2 upgrade for them and make a more pleasant experience for their guests. Mr. Day said they were not proposing anything gaudy or Vegas -style it would just be something a little larger and a little more visible than what exists. Mr. Day also submitted written comments from Holiday Inn employees Carol Gough, Thu Thuy Woodard, and Wanda Costanza. Dianne Walker stated that she is a local resident of Moab and isconcerned about this proposal because there is a long history of this Gateway Plan. She stated it was adopted by both the City and the County as part of the General Plans or Master Plans and she thinks it's worth protecting this Gateway Plan and feels this proposal is a large jump and big change in the plan and it needs to be thoroughly studied and reviewed and to just change it for one business seems like a radical departure for what the plan was designed to be, which was to protect view sheds and the area entering into Moab so you could see the valley and the see the surrounding beauty and it wasn't overwhelmed by signage. She stated she realized there are older signs that are grandfathered in but what they were trying to do was create a future plan that was worth developing that would enhance the town as a whole and the business sector at the same time. Mrs. Walker stated that she is opposed to the change to the sign regulations. Commission Chair Thornton closed the public hearing at 7:28 pm. 4. Action Item — Proposed Ordinance 2013-20 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, Chapter 17.31, RC, Resort Commercial Zone, and Specifically Amending the Sign Regulations in 17.31.040(F)(2)(d), Freestanding Signs, with the Addition of Two Subsections Commissioner Hoskisson moved to send Ordinance 2013-20 to the City Council with a recommendation to not add the language to the zone at this time. Commissioner Kopell seconded the motion. The motion carried 3-0 aye. 5. Action Item — Planning Resolution 18-2013 A Resolution Approving, without Conditions, an Amended Commercial Site Plan for the Construction of an Elevator and an Addition to the Lobby of the Moab Valley Inn at 711 S. Main in the C-4 Commercial Zone Commissioner Kopell moved to adopt Planning Resolution 18-2013 approving, without conditions, a commercial site plan for the expansion of the Moab Valley Inn and the addition of an elevator. Commissioner Hoskisson seconded the motion. The motion carried 3-0 aye. 6. Future Agenda Items Commission members held a brief discussion about future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:04 pm. n ua 0 7 o. S1 b City Planning Commission, Minutes ing, December 12, 2013 Page 39 of 170 Page 2 of 2 Agenda Amendment Proposal Addendum 17.31.040F.2.d. We would like to propose added TEXT am.endm.ent or provisions / conditional use provision(s) to Chapter. 17.31 RC RESORT COMMERCIAL ZONE subpart 17.31.040 —SPECIAL PROVISIONS F. SIGNAGE 2.- d. FREESTSANTING SIGNS The current code limits freestanding sign height and area in part 17.31.040F.2.d "Be limited to a maximum height of eight feet, a maximum width of ten feet, and a maximum square footage of twenty-four square feet; provided, however, where such sign is not internally illuminated the maximum square footage shall be forty square feet;" The proposed amendment would add the following provisions (vi & vii) for businesses which are compromised by proximity or topography. vi. In locations the property line of a business AND the location of its sign is more than 50 ft. from the road in which they are addressed the maximum sign area shall not to exceed 110 sq. ft. vii. In areas where the sign location is below road grade the sign height shall be limited. to eight feet above the road grade which the business is addressed. This amendment is an important update due to the unique location. of this business, and others on this access which is at a disadvantage located on an access road below the addressed roadway. Requiring travelers to locate the access roadway after they have passed the businesses address. The proposed change will assist in the safe arrival of weary travelers both day and especially at night in locating their accommodations where the address and location may cause confusion. A larger sign would aid in. its' location and would also still comply with the Land Use Code by having a significant set back from the roadway.. Those that have stayed at this location have expressed difficulty locating the hotel and express frustration with the lack of signage. This sign the business is proposing for the with the amended code alert drivers of the upcoming driveway.. The current signage is appropriate only for drivers who are already on the access road not those looking for the access road. This amendment to the code would not detract from the Land Use Code that applies to signs that are located on or near the roadway, only those that are located more than 50 ft away from and or below the road, upholding the general objectives of the Land Us Code and providing way finding to businesses that have a significant set back or significant change in elevation.restrictions. Page 40 of 170 I LECEND • FOUND 5/8' REBAR MATH PLASTIC CAP SET BY BY THIS SURVEYOR N SURVEY OF 5-89. a 5/8" REBAR rani PLASTIC CAP SET THIS SURVEY FOUND GOVERNMENT BRASS CAP NOAAENT EASTNG FIRE HYDRANT O TELEPHONE PEDESTAL UGHT STANDARD O CLEAN-OIt © SEPTIC SYSRII MANHOLES WATER um NEYBOX UTIuTY POLE MTH oVERIEAD LINE(S) i — TREE- COWER Min APPROX. CAUFER v TREE- DECIDUOUS WON APPROX. CALIPER MTH APPROX CALIPER ��I�III PROPOSED LANDSCAPED AREA ,��„li,,7 PROPOSED CoNCRETa SIDEWALK AREA LFALYY FRkO Slav 17W) TO ES REMOVED ITTF) TRANSmON GUTTER AROUND CURVE SPILL CURB AND GUTTER ALONE NORTH SIDES OF NU MMO LOTS UNLESS OTHERWISE NOTED IF X NW FARMING' STALLS DELINEATED WITH 3• WROTE LINES (TYP) PAINTED PEDESTRIAN AISLE TIUMSTON GUTTER AT CORNER TOP OP POND /WRAP CI OAL920 pLv 1107t.ry . II YAAFAYF NIP/ O I I MIA, a, J5- A ASP CAP I I Slave aBay.19648 (SEE NOTE I Ie, / i ��_eJ � NN �ryV S 0 Mew what's baling, I: a�Ca0811balm pude. BLUE STARES OF UTAH UPIPOINNIGRO 1 WPM, AK. JYnvLY.hN«• 2.1111 a,y `, I-EOO66Yd111 BEAR TRANSITION aurrea f ACROSS CONCRETE WATERWAY (BOTH SIDES) TO m RELOCATED (SEE ARCH. PLANE) DO Moab Holiday Inn Expansion Site Plan ARaP.;GYtr aJA7C.11.7 If. LY 16'CKP- Mrfr aPAmeJP7AO 11-,707.5 G rB' AO°P SRWv LRAM' ARK OUT -..97G. TO BE REMOVED STANDARD CURB AND GUTTER SPILL CURB AND GUTTER PLANJN6:5• A:Y) LAROSL•AP,NG am/IRHLS WNW LYLQY/OOV AREAS (SEE NOTE 2) GRAPHIC SCALE 0 GS 80 BO ( IN FEET ) Revisions: Page 41 of 170 v n. lORA • Mr FAS..FNI (Gf.I9v POI59.) AF�.O- \ �O P \ FyM A¢ d%61y yToc SPILL CURB PAM GUTTER SWUM° EXPANSION (SEE ARCH. PLANS) MATCHED A.YCA /S S RAM/NA MP ZAPF OP aPAWAOF FASFYFNr AV FAN]P AC&MP OlY/bH:391 i4^APJ-APJ1 ANO PIA7 RAMP LAVE AYK'1vr.W FANOP a'YOW a/Y /BY.+6I PG TN EXLEPOVM'S/HDmS p0 A. 17 l /7 F! ROE PDIKH CATS &anew //aco., PG I59/ HOrF/FRV 7VOY\ O, �/ 4 ,�/ ��,,p6000, 00 � rErLNAVF.TDPNRZ' Humps P,IBFrHm STOW �eHroPf MOW?, 96N EASEPX-H7 045.18 PGJ17/ BBaEBAL SLIM T. CONTRACTOR TO REMOVE SEPTIC TANKS AND PREPARE ABANDONED LEACH FIELD PER THE OEOTECNNICAL REPORT RECOMMENDATIONS. 1 EXISTING PLANTINGS AND OTHER LANDSCAPING MATERIALS MAY BE RELOCATED. Six LANDSCAPING PLANS FOR DETAILS. 3. EXISTING' PARIUNG SPACE COUNT LABELS ARE AFTER THE EXPANSION 18 COMPLETE. 4. SEE DEMOLITION NOTES S. CONCRETE SIDEWALK IS E IN WIDTH UNLESS OTHERWISE NOTED. S. OPEN CHASE SHOULD BE CONSTRUCTED PER SECTION H OF THE SIDEWALK CNABE DETAIL 7. REMOVE THE EL B. PVC FOND OUTLET PIPE OR PLUG BOTH THE INLET AID OUTLET (WITHIN THE MANHOLE) ENOS PRIOR TO BURYING THE PIPE SUBMIT THE METHOD OF PLUOGIMO TO THE ENGINEER FOR APPROVAL PRIOR TO PERFORMING THE WORK. REMOVE AND STOCKPILE RIPRA►. AFTER FINAL GRADING OF THE POND, RECONSTRUCT EMERGENCY SPILLWAY TO SPECIFIED OIMENSIOND (SEE GRADING AND DRAINAGE PLAN). DPsxal maw POI PR, 1. FOR LIMITS OF DEMOLITION, BEE POINTS IN GRADING AND DRAINAGE FLAIL 1 ASPHALT AND CONCRETE ARE TO BB SAWCUT TO CLEAN, STRAIGHT EDGES WHERE SHOWN. 3. SIDEWALK IS TO BE REMOVED TO THE CLOSEST JOINT (LIMITS SHOrN IN THESE PLANS ARE APPROXIMATE). t DEMOLITION ITEMS INCLUDE HAUL OFP AND PROPER DISPOSAL BY TNS CONTRACTOR. Date: 09107/12 Drawn By. SP CherAed By. JP Fila Path: CJPROJECTSIMOAB HOLIDAY INN PRELIMINARY SETEng/Weering, LLC 150 Roe1pdM Drive Sutte F Durango, CO 81301 970-403-5088 SHEET 2OF6 Holiday Inn Express N 1 inch = 100 feet 0 25 50 100 nzmzsm Feet Page 42 of 170 I M r4 M I Mt I, 1 Legend ccity umits 5 ft. Contours 25 ft. Contours 100 M. Contours Holiday Inn Express Access Road Area N 1 inch = 200 feet 100 200 400 Feet Page 44 of 170 (Legend city LJmW 1 ft. Contours1 5 R Contours 25 ft. Contours 100 ft. Contours Current ROW Easement Holiday Inn Express Entrance N 1 inch = 40 feet 0 20 40 80 Feet Page 45 of 170 Page 46 of 170 Agenda Agenda > co m = o_ ri) Page 48 of 170 > co m = o_ ri) Page 49 of 170 > co m = o_ ri) Page 50 of 170 > co m = sx su Page 51 of 170 EDSTONE INN JouOFTon Moats Best Deal, • VOLE Of TOWN Moafis Best Deal Free Internet • Kitchenettes • Picnic Dill Noab's 41 location for adventure travel 435.259.3500 Page 52 of 170 *Or.< • - • - _1! ‘Amr,1"‘ • ..;0171- co o_ Page 53 of 170 n cm m 7 o. S1 Page 54 of 170 CITY OF MOAB/ GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN I. INTRODUCTION The natural environment and the character of development along the Highway 191 "North Corridor" entrance to the City of Moab provide visitors with their first and lasting impressions of the Moab/Grand County community. Therefore, the type and style of permitted development is of concem to all citizens. This Plan presents the community vision regarding land use preferences and development design standards related to streetscape appearance, rather than to speck architectural design. Authority The Utah Code authorizes cities and counties to plan their communities as provided in Title 10 and 17, respectively, of the Utah Code Annotated 1953, as amended, and more specifically in: Municipalities Title 10, Chapter 9, Land Use Development and Management, Utah Code, which was revised in 1991 and became effective on July 1, 1992 Counties Title 17, Chapter 27, Land Use Development and Management, Utah Code Applicability The North Corridor Gateway Plan applies to lands along Highway 191 North as shown on the map below, including but not limited to: (1) Lands within 500 feet of the highway; (2) Parcels or portions of parcels with highway frontage between the entrance to Arches National Park and Moab city limits; and (3) The Atlas properties. The Plan shall not be interpreted to support additional development on lands with slopes in excess of 30% or on top of the surrounding escarpments City of Moab/ Grand County North Corridor Gateway Study Area MOAB/GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN April 4, 2001/ PAGE 1 Agenda Page 55 of 170 Exhib I. Introduction Why Plan? Land use planning is a means of achieving community goals through citizen participation and rational decision - making, consistent with a desired community image. It is fiscally responsible to base public and private finance decisions on land use planning. Both public and private investment can yield greater benefits where there is an orderly, reliable program for development. The North Corridor Gateway Plan is intended to provide guidance for investment decisions that must be made by UDOT, local service providers, and individual landowners. Planning occurs with or without a coordinated, community planning effort. All land use decision -making, whether accomplished by individuals or as a community, constitutes "planning" — these decisions affect everyone in the community. Planning affects people's homes and investments, their peace and enjoyment, the cost of living, and overall quality of life. With effective, coordinated planning, a community can achieve its preferred future. Without effective, coordinated planning, the future of a community is determined solely through individual decision -making that may seek to achieve personal goals without necessarily considering community interests or those of the neighbors. The Planning Process The North Corridor Gateway Plan was developed based on the results of a corridor planning study, completed through and intensive, two-day public participation process — October 25-26, 2000. Consultants Charles Zucker, an Urban Designer from Washington, D.C., facilitated the project with assistance from Gene Moser of the Utah Local Govemments Trust and Richard Grice of Four Comers Planning. The Consultants used urban design processes and public participation to resolving area planning issues. The public sessions were well attended by the City and County officials, the general public, property owners, and citizens with design interests and/or training. Citizen participation records are included as Appendix "A". The Draft Plan was initially reviewed in a joint City/County Planning Commission meeting held on December 6, 2000, as a prelude to the public hearing adoption process. Community Identity and Vision Statement Moab is not just another tourist town — it is both a community and a tourist hub. Moab is a people place, a "base camp", and an oasis offering refuge from the somewhat hostile surrounding environment. People come here primarily for what is around it. It has a diversity of people and views, and uniqueness of characteristics and scenic features that distinguishes it from other places. Linkages between Moab — the "Hub" — and the surrounding outdoor opportunities via paths, bike trails, roads, streets and highways are key to the area's identity. Moab is an uncommon and unknown place that newcomers often feel they have somehow "discovered". Some stay and call it their own, only to later discover that it is not a place without problems. There is a pronounced imbalance between salaries, housing costs and the cost of living — the needs of service workers often go unmet. The diverse opinions held by its citizens make it difficult to establish a common vision for the community. Heavy truck traffic through the heart of the City makes it somewhat less friendly than it might be to pedestrians (residents and visitors alike). Some find the built environment to be somewhat sterile and unimaginative — it has been described as a "hodge-podge". Others relish the mix of styles for the diversity and self-expression it represents. Even so, the characteristics of the gateway corridor that are attractive to the community citizens tend to be somewhat the same as those that are attractive to visitors. This Plan focuses on improving the attractiveness of the community to support the quality of life for long-term residents and all aspects of the local economy. The following statement summarizes the community vision for the corridor: MOAB/GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN April 4, 2001/ PAGE 2 Agenda Page 56 of 170 1 I. Introduction MOAB/ GRAND COUNTY NORTH CORRIDOR GATEWAY VISION STATEMENT As the primary gateway to Moab — the community and the resort -- the north corridor should be welcoming and friendly to pedestrians, bikers, residents, and visitors alike. The built environment should protect and complement Moab's unique character, promote economic opportunity, demonstrate community pride and offer a positive first impression, without inhibiting design creativity. II. EXISTING CONDITIONS Base Economy: Hospitality In the last decade since the closing of many mining operations, the economic base of the City of Moab and Grand County has gone through a transition from more emphasis on a strictly resource extractive based economy to one that now includes a small regional service based economy. According to the City of Moab General Plan and the Grand County General Plan, in the last 10 years the local economy has transformed into a tourism community. According to the Moab General Plan: The City has become the hub for visitors to stay while they visit the wealth of beautiful scenic attractions and recreation sites such as Canyonlands and Arches National Park. The Setting North of the River The character of lands in the study area north of the river is predominantly rural in nature, despite the presence of a post-industrial site, and a few campgrounds and outfitters. North of the Colorado River, a highway traveler senses the approach to Moab while enjoying long views of Moab and the Spanish Valley, the LaSal Mountains in the distance, the East and West Portals of the Colorado River and the adjacent escarpments. However, it is not until one reaches the Colorado Bridge that there is a sense of arrival. South of the River In contrast, a developing tourist and accommodations area characterize lands south of the river. Several new motels and recreational facilities, including a water slide and a scenic tram, are already present and/or under construction. It seems clear that vacant areas between new developments will soon see additional tourist accommodations, services and facility development. Front Door — The First Impression The North Corridor Gateway may be accurately described as the "Front Door" to the City of Moab and the Spanish Valley of Grand County. Communities are not unlike individual homeowners in that both generally seek to put their best forward and to create a positive first impression by making their front yard and front door as attractive as possible. This is particularly true when the base economy is hospitality. The current condition of the North Corridor Gateway offers considerable opportunity for improving the first impression of our community. The quality of the corridor experience is diminished by the presence of a series of broken windowpanes -- to continue the analogy to a home and a homeowner. The good news is that most of these problems may be easily repaired. Consider the following observations, some of which apply to areas already included in the City: MOAB/GRAND COUNTY NORTH CORRIDOR GATEWAY PLAN April 4, 2001/ PAGE 3 Agenda Page 57 of 170 I ORDINANCE # 2002-04 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE IMPLEMENTING THE GATEWAY PLAN BY THE ADOPTION OF THE RC, RESORT COMMERCIAL ZONE DISTRICT WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01- 2002, and it serves as the guide to zoning and rezoning decisions; WHEREAS, the Moab City Council approved the Moab/Grand County North Gateway Plan ("Gateway Plan") as an amendment to the General Plan following a public hearing on May 14, 2002 with Resolution #; 09- 2002 WHEREAS, the RC, Resort Commercial District is designed to implement the recommendations of the City of Moab/Grand County Gateway Plan, an amendment to the City of Moab General Plan; WHEREAS, the Gateway Plan was jointly funded pursuant to the INTERLOCAL AGREEMENT FOR THE COORDINATION OF NORTH CORRIDOR PLANNING BY AND BETWEEN: GRAND COUNTY AND THE CITY OF MOAB ("INTERLOCAL AGREEMENT"); WHEREAS, the Interlocal Agreement was established for the purpose of ensuring that the same land uses are allowed and the same development standards apply to all development in the North Corridor, regardless of the jurisdiction in which development occurs and to this end included the following goal: Development of a uniform set of zoning standards, including design standards, to be adopted by both jurisdictions. WHEREAS, the City of Moab Planning Commission reviewed and recommended adoption of this ordinance April 11, 2002; WHEREAS, due notice was given that the Moab City Council ("City Council") would meet to hear and consider this ordinance; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the amendments and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. Agenda Pagel Page 58 of 170 Exhi CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF MOAB, UTAH, THAT Title 17, Moab Municipal Code is hereby amended by the editorial addition of the RC, Resort Commercial Zone to the list of zones in Chapter 17.15, Establishment of Zones. BE IT FINALLY ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, Moab Municipal Code is hereby amended by the addition of a new zone district Chapter 17.31, RC, Resort Commercial, to read as follows: Chapter 17.31 RC RESORT COMMERCIAL ZONE 17.31.010 Objectives and characteristics. 17.31.011 Use regulations. 17.31.013 Special Provisions. 17.31.012 Area, width and location requirements. 0 Supplementary regulations. 17.31.010 Objectives and characteristics. The RC, Resort Commercial District is intended site design concepts that implement the Moab/Grand County North Gateway Plan ("Gateway Plan"), an amendment to the City of Moab General Plan. The district is designed to create a positive first impression of the City of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest- and local - oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC, Resort Commercial Zone shall be in compliance with all other applicable provisions of this Code. If conflict arises between this Ordinance and other parts of the City Code, the more restrictive shall apply. 17.31.011 Use Regulations A. Permitted uses. The following uses shall be permitted -by - right: 1. Accessory buildings and uses 2. Bed and breakfasts 3. Caretaker or guard residence, accessory 4. Custom personal services 5. Dwelling, duplex 6. Dwelling, multi -family 7. Dwelling, single-family 8. Municipal facilities and services _r 43 Agenda Page 59 of 170 Ordinance #2002-04 Exhi E ORDINANCE # 2002-04 AN ORDINANCE AMENDING THE CITY OF 1MOAB LAND USE CODE IMPLEIMENTING THE GATEWAY PLAN BY THE ADOPTION OF THE RC, RESORT COIMMERCIAL ZONE DISTRICT WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01- 2002, and it serves as the guide to zoning and rezoning decisions; WHEREAS, the Moab City Council approved the Moab/Grand County North Gateway Plan ("Gateway Plan") as an amendment to the General Plan following a public hearing on May 14, 2002 with Resolution #; 09- 2002 WHEREAS, the RC, Resort Commercial District is designed to implement the recommendations of the City of Moab/Grand County Gateway Plan, an amendment to the City of Moab General Plan; WHEREAS, the Gateway Plan was jointly funded pursuant to the INTERLOCAL AGREEMENT FOR THE COORDINATION OF NORTH CORRIDOR PLANNING BY AND BETWEEN: GRAND COUNTY AND THE CITY OF MOAB ("INTERLOCAL AGREEMENT"); WHEREAS, the Interlocal Agreement was established for the purpose of ensuring that the same land uses are allowed and the same development standards apply to all development in the North Corridor, regardless of the jurisdiction in which development occurs and to this end included the following goal: Development of a uniform set of zoning standards, including design standards, to be adopted by both jurisdictions. WHEREAS, the City of Moab Planning Commission reviewed and recommended adoption of this ordinance April 11, 2002; WHEREAS, due notice was given that the Moab City Council ("City Council") would meet to hear and consider this ordinance; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the amendments and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. Agenda Pagel Page 60 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 'OF MOAB, UTAH, THAT Title 17, Moab Municipal Code is hereby amended by the editorial addition of the RC, Resort Commercial Zone to the list of zones in Chapter 17.15, Establishment of Zones. BE IT FINALLY ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, Moab Municipal Code is hereby amended by the addition of a new zone district Chapter 17.31, RC, Resort Commercial, to read as follows: Chapter 17.31 RC RESORT COMMERCIAL ZONE 17.31.010 Objectives and characteristics. 17.31.011 Use regulations. 17.31.013 Special Provisions. 17.31.012 Area, width and location requirements. 0 Supplementary regulations. 17.31.010 Objectives and characteristics. The RC, Resort Commercial District is intended site design concepts that implement the Moab/Grand County North Gateway Plan ("Gateway Plan"), an amendment to the City of Moab General Plan. The district is designed to create a positive first impression of the City of Moab and Grand County and to encourage mixed residential and commercial development, including resort guest- and local - oriented commercial uses in an urban setting. In addition to the use and area regulations of this section, development in the RC, Resort Commercial Zone shall be in compliance with all other applicable provisions of this Code. If conflict arises between this Ordinance and other parts of the City Code, the more restrictive shall apply. 17.31.011 Use Regulations A. Permitted uses. The following uses shall be permitted -by - right: Agenda 1. Accessory buildings and uses 2. Bed and breakfasts 3. Caretaker or guard residence, accessory 4. Custom personal services 5. Dwelling, duplex 6. Dwelling, multi -family 7. Dwelling, single-family 8. Municipal facilities and services 3 Ordinance #2002-04 Page 61 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE 9. Gasoline service station, subject to the supplementary regulations of §17.31.014B. 10. General retail (indoors) 11. Hotel or motel 12. Office, business or professional 13. Restaurant, general B. Conditional uses. Conditional uses shall be allowed pursuant to §17.09.530. 1. Outfitters and guide services and facilities 2. Outdoor recreational uses, commercial 3. Recreational vehicle/ travel trailer park, subject to the supplementary regulations of §17.31.014C. 17.31.012 Area, width, and location requirements. A. Non-residential development in the RC, Resort Commercial Zone shall be subject to the following standards: 1. Minimum lot area: 10,890 sq. ft. (',1 acre) 2. Minimum front and street side setbacks: a. Highway 191 right-of-way: 0 ft. Except for single and two family dwellings which shall be 25 ft. b. All others: 25 ft. 3. Minimum interior side setback: 10 ft. 4. Minimum rear setbacks: 10 ft. 5. Minimum lot width: None 6. Maximum height: a. Principal uses: 35 ft. b. Accessory uses: 16 ft. B. Residential area and bulk standards. Residential development in the RC, Resort Commercial Zone shall be subject to the following standards: 1. Minimum lot area: a. Dwelling, single-family: 9,000 sq. ft. b. Dwelling, duplex: 9,000 sq. ft. c. Dwelling, multi -family: 2,500 sq. ft. 2. Minimum front and street side setbacks: 0 ft. Except for single and two family dwellings which shall be 25 ft. 3. Minimum rear and interior side setbacks: 10 ft. 4. Minimum lot width: a. Single-family and duplex dwellings: 80 ft. 5. Maximum height. Agenda 3 Ordinance #2002-04 Page 62 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE a. Principal uses: 24 ft. b. Accessory uses: 16 ft. 17.31.013 Special Provisions. Where the standards of this section are in conflict with other requirements of this Land Use Code, the more restrictive shall apply. A. Building design. All land uses and structures shall: 1. Be placed on a slab -on -grade or perimeter foundation. 2. Have a minimum 24 ft. horizontal wall dimension on at least two (2) non -opposite sides; i.e., other than directly opposite sides of the structure. 3. Utilize indigenous, regional architectural styles and materials for all structures - use of standard corporate image architecture is prohibited. The architectural style of all structures shall be complementary to that of other structures in the area or vicinity. 4. Exhibit a unity of design for buildings within multi - building complexes through the use of similar elements such as rooflines, materials, window arrangement, sign location, and details. 5. Incorporate, within all walls over 100 feet in length, at least four (4) recesses, off -sets, balconies, angular forms and other features within each 100 foot length to provide a visually interesting shape. 6. Utilize medium to darker earth tones and non - reflective materials on all structures, including roofs, to minimize contrast and blend with the surrounding natural landscape without calling undue attention to the development. B. Outdoor Lighting. All new development shall be required to shield the lamp (bulb) from view off site in accordance with Supplementary Regulations of §17.31.014 C. Site design. 1. Locate some or all of the structures on each lot directly adjacent to the front, Highway 191 (east side) or to the "build to" line (west side) as established by the Grand County North Corridor "Build To" Line Location Map unless it can be shown to the Agenda 3 Ordinance #2002-04 Page 63 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE satisfaction of the Planning Commission that building to the front lot line or to the "build to" line is impractical because of topography. Parks and plazas can cover up to 20% of the frontage. 2. Locate most, at least 80%, of required parking on the side or in the rear of each land use or structure. 3. Provide public trails and/or sidewalks along all street frontages and as necessary to implement the trails plan illustrated on the Gateway Plan's Future Land Use Plan. Trails and sidewalks shall be constructed in accordance with the requirements of City standards. [See Gateway Plan for more illustrations.] ii !r ;_- Mr~. � _ .r' r• f L ��� 4rfir r:., T'_ .C7'� kr `.ris 3'-v;' . .. ... . _• 4. Each lot shall include meaningful open space intended for use by all occupants of a development. This space may include recreation -oriented areas. In no case shall open space be less than 25% of the total lot area. 5. Minimize new highway access points in accordance with the requirements of a site specific UDOT permit to be obtained for each new use or change in use. a. Provide cross or through -access connections to adjacent areas, where possible D. Parking lots. Design parking areas so as to provide reasonable connectivity between adjacent parking areas on other sites without encouraging through traffic. E. Landscaping. In addition to the supplementary regulations of §17.31.014D. , Landscaping and screening, the following standards shall apply: Agenda 3 Ordinance #2002-04 Page 64 of 170 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE 1. Landscape parking lot buffer. Maintain a minimum 35- foot depth landscape setting where parking occurs between a building and Highway 191 or its frontage roads. (Note: Parking behind buildings is preferred. Buildings may be built with zero front setbacks.) 2. Break-up large parking areas. Break-up large parking areas into smaller areas with intermittent landscaping and/or buildings. For parking lots over 4000 sq. ft., at least 50 of the interior of the lot shall be landscaped so as to define aisles and limit unbroken rows of parking. End of aisles and corner areas shall be curbed and landscaped. Unbroken parking rows shall not exceed 150 ft. 3. Right-of-way landscaping. Landscaping of all street and highway rights -of -way contiguous to the proposed development site not used for street pavements, curbs, gutters, sidewalks, or driveways shall be required. Within private property, street trees shall be provided as required by §17.31.014D. Any landscape areas in the public right-of-way shall comply with the criteria of the Utah Department of Transportation. F. Signage. All signs shall comply with the requirements this Title provided, however, that notwithstanding provisions to the contrary: 1. Illumination. Freestanding signs and wall signs may be illuminated indirectly or internally. Directional signs shall not be illuminated. Where internal illumination is employed, only the face area of the letters or logos may be illuminated and at least 50 percent of the sign face shall have an opaque background. 2. Window signs. a. Window signs may be internally illuminated with the use of exposed neon lighting; provided, however, that there shall be a maximum of one (1) window sign per use. b. Such sign shall be limited to nine (9) square feet per window panel. c. Sign copy shall be limited to business identification, "open" or "closed", and a graphic symbol, or any combination thereof. In no case shall product signs be allowed. shall: Agenda • i 3 d. Freestanding signs. All free-standing signs Page 65 of 170 Ordinance #2002-04 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE i. Be monument -style; i.e., mounted on a base (above grade) of wood, brick or stone, which is detached from any building, and built with continuous background surface from the ground up; ii. Be limited to a maximum height of eight (8) ft., a maximum width of 10 ft., and a maximum square footage of 24 sq. ft.; provided, however, where such a sign is not internally illuminated the maximum square footage shall be 40 sq. ft.; Be placed within a landscaped setting containing not less than 120 sq. ft.; iv. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; and v. Identify the principal land use on site with one (1) such sign per street frontage; e. Wall signs. No part of a wall sign shall extend above a roof line, and all wall signs shall: i. Be architecturally integrated with the building by including materials, shapes and/or colors utilized in the building design; ii. Identify the principal land use on site with one (1) such sign per street frontage; Hi. Be limited to 24 sq. ft.; provided, however, where such a sign is not internally illuminated the maximum square footage shall be 40 sq. ft.; iv. Be limited to a maximum height of five (5) ft.; and v. Such signs shall have a maximum width of 10 ft. f. Directional Signs. Direction signs shall be allowable off -site to provide directions to businesses located within 1,000 feet, provided: i. The maximum number for each driveway or street shall be one (1) sign. Agenda 3 Ordinance #2002-04 Page 66 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE ii. The maximum height shall be three (3) ft. The maximum area shall be four (4) square iv. The maximum area of a business name or logo shall be one (1) sq. ft. v. Where a driveway is shared the maximum area of such sign shall be eight (8) sq. ft. vi. Where a driveway is shared the maximum area of a business name or logo shall be two (2) sq. ft. 17.31.014 Supplementary regulations. Notwithstanding other provisions of this Title to the contrary, the following supplementary regulations shall apply to all development in the RC, Resort Commercial District. A. Outdoor lighting. An outdoor lighting plan shall be submitted with the site/development plan. 1. All outdoor lighting shall be directed down or toward a surface. 2. The light source or bulb for all outdoor lighting shall be shielded from view off -site. 3. No outdoor lighting shall be directed towards any adjacent residential use or public street. B. Gasoline service stations. All gasoline service station pumps shall be setback at least 20 feet from all property lines. C. Recreational vehicle/ travel trailer parks. A recreational vehicle/travel trailer park and incidental facilities shall comply with the standards in this section: 1. RV/travel trailer parks shall be occupied only by persons using travel trailers, truck campers, small cabins without plumbing (traditional KOA-style), and tents for overnight, short duration, or seasonal camping; 2. Each space RV/travel trailer space shall be at least 1200 sq. ft. in area; Agenda 3 Ordinance #2002-04 Page 67 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE 3. Each cabin or tent space shall be at least 800 sq. ft. in area; 4. Each space shall be at least 30 ft. in width; 5. Each park shall be served by central water and sewer facilities; 6. No space shall be located more than 200 ft. from a water and sewage service building; 7. The City may require landscaping and screening pursuant to the provisions of the City Code; and 8. One (1) tree of a species suitable for the area shall be provided for each two (2) spaces, and shall be located in close proximity to those spaces. (Existing trees on the site may be used to satisfy this requirement.) D. Landscaping and screening 1. Purpose. This section is designed to provide standards for the installation and maintenance of landscaping, walls and screening devices so as to promote the general welfare of the community. This is accomplished by encouraging the creation of an attractive appearance along streets and highways and by screening from view those uses that may be unattractive to the public eye. Landscaping materials, including ground covers, shrubs, and trees further facilitate the control of erosion and the reduction of glare and dust, as well as the visual softening of building masses. Low water use plant materials are preferred, but not required, for required landscaping. Walls and screening devices allow for the separation of incongruous uses and for the buffering of road noise and intensive activities. Landscaping, walls and screening devices together, help to effectuate privacy, logical development, and enhancement of property values. 2. Applicability. This section shall apply to all multi -family and non-residential development, provided that a one- time expansion of the floor area of buildings on a lot or building tract not exceeding twenty-five percent (250) of the existing floor area shall not be subject to the requirements of this article. 3. General requirements. a. Landscape and site plan. Any proposed building or use shall be shown on a landscape and site plan indicating: Agenda I 3 Ordinance #2002-04 Page 68 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE i.' The location of existing and proposed buildings, parking areas, street improvements; ii. locations and general types of landscaped treatment areas -- i.e., lawn areas, low-water use areas, and inorganic areas; proposed plant or inorganic materials to be used in each treatment area; iv. the underground irrigation system to be used in each planted area; and v. walls and screening devices. b. Location of utilities. Proposed utilities shall be located, when possible, so that their installation will not adversely affect vegetation to be retained on a site. c. Installation. Landscaping, underground irrigation systems, walls and screening structures shall be installed in accordance with the approved landscape or screening plan prior to issuance of a final Certificate of Occupancy for the building or use. The Building Official may grant a temporary Certificate of Occupancy during the winter months when installation is impracticable or not feasible. d. Maintenance requirements. i. Landscaped areas shall be reasonably maintained by the owner or the lessee of the property, including pruning, trimming, watering, and other requirements necessary to create an attractive appearance for the development. Lack of maintenance of required landscaping material shall constitute a violation of this Code. ii. Any plant materials not surviving shall be replaced within 30 days of its demise or in the next appropriate season. e. Landscaping standards. All undeveloped areas of the street yard of each lot or tract and the adjacent right-of-way shall be landscaped with trees, shrubs, grasses, ground cover or other organic and inorganic materials that create an attractive appearance in accordance with the requirements of this section. Smooth concrete or asphalt surfaces are not considered landscaping. Agenda 13 Ordinance #2002-04 Page 69 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE i. Shrubs, trees and grasses. Use of locally appropriate shrubs, trees and grasses or plants with low-water demand characteristics is encouraged, but not required, in all cases in order to minimize the consumption of water. ii. Trees. One tree shall be utilized per 1,000 sq. ft., or fraction thereof (in no case closer than 35 feet apart) of required landscaped area, provided, however, the Planning Commission may waive this requirement where it finds that trees are either impractical due to water supply problems or inappropriate to the natural setting; and, Shrubs, grasses, ground covers, and inorganic materials. Any combination of shrubs, grasses, ground covers, and inorganic materials may be used for the balance of the required landscaping at the developer's discretion. iv. Existing landscaping. To the extent practical, existing significant landscape features shall be preserved and incorporated into the final landscape and site plans. Existing landscaping may be used to meet the requirements of this Land Use Code if it meets the purpose and intent of this article and is included on the approved landscape plan. Such landscaping shall be protected during all phases of site development. v. Minimum plant sizes. The following minimum plant size requirements shall apply in all cases: Plant Type Minimum Size Deciduous Trees - 1-2 inch caliper (measured 1 foot above ground) Evergreen Trees -- 6 feet tall Shrubs -- 5-gallon container size + 24 inches tall Ground Cover -- 1-gallon container with 12 inch spread vi. Irrigation. All required landscaped areas shall include a permanent, underground irrigation system as defined herein to insure the long-term health and growth of the landscape. Where possible, irrigation systems shall utilize untreated, irrigation water instead of treated water. Irrigation system design shall take into consideration the xeriscape characteristics of plant materials used. Screening standards. Where screening standards are required by this Code, the following screening standards shall apply: Agenda if13 Page 70 of 170 Ordinance #2002-04 I CITY OF MOAB ORDINANCE #2002-04, RC, RESORT COMMERCIAL ZONE Screening materials. Screening may be accomplished by the use of plants, earth berms, walls or fences, or trees and shrubs in combination as necessary to produce an effective screening from view off -site of the use or facility requiring screening within a reasonable time period. ix. Height of screening devices. The height of screening devices shall be measured from the highest finished adjacent grade of the element to be screened. x. Screening plant list. Plants used to satisfy any required screening standards shall be limited plants with a mature height of between 6 and 15 feet and foliage. For reference to appropriate plants and trees see the publication "Urban & Community Forest: A Guide for interior Western United States", Department of Agriculture, 1990. xi. Parking areas. The perimeter of all parking areas shall be screened to a minimum height of three (3) feet above the highest finished grade of the parking area. The minimum width of the landscaped street buffer from the street line to the parking area shall be 15 feet. Outdoor storage areas. All outdoor storage areas for materials, trash, mechanical equipment, vehicles, or other similar items shall be screened from street view by a minimum six (6) foot high screening device. Such screening device shall consist either of plant material or a wall constructed of or finished with materials to match the main building of the site. BE IT FINALLY ORDAINED that Title 17, Moab Municipal Code is hereby amended by the addition of a subsection 17.03.050, Commentary, to read as follows: Chapter 17.03 TITLE, INTERPRETATION AND PURPOSE 17.03.010 Title, intent and purpose. 17.03.020 Applicability. 17.03.030 Declaration. 17.03.040 Interpretation. 17.03.050 Commentary. 17.03.050 Commentary. Whenever a provision of this Ordinance requires additional explanation to clarify its intent, a "Commentary" is included. They have no regulatory effect, but rather Agenda 13 Ordinance #2002-04 Page 71 of 170 I CITY OF MOAB ORDINANCE #2002.04, RC, RESORT COMMERCIAL ZONE are intended solely as a guide for administrative officials and the public to use in understanding and interpreting the Ordinance. PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 9TH day of JULY, 2002. This shall take effect immediately upon passage. ATTEST: Rachel Ellison, City Recorder Agenda Mayor Davi• L. 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