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HomeMy Public PortalAboutPKT-CC-2014-10-28Moab City Council October 28i 2014 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS AGENDA Page 1 of 176 AGENDA Page 2 of 176 Community Meetings Oct 2014 (Mountain Time) Mon Tue Wed Thu Fri Sat 28 L 29 l 30 � l 2 3 4 rpm - Castle Valley 5:30pm - Moab 7pm - Grand Wate- l 5 7 l 8 l 9 L 10 l 11 2pm - USU Moab 4pm - Grand County 6pm - Grand County 12pm - Trail Mix @ 3pm - Moab Valley 04pm - Grand 5pm - KZMU Board 5:30pm - Old 12pm - Housing 6pm - Grand County 4pm - Grand County 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley 07pm - Moab City 7pm - Thompson 112 113 114 L15 L16 17 18 12:30pm - Grand 3pm - Moab Area 3:30pm - Grand 6pm - Grand County 6pm - Grand County •6:30pm - Moab 6pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water l 19 l 20 121 l 22 l 23 L 24 l 25 4pm - Grand County 6pm - Grand County 1.5:30pm - Canyon! 7pm - Moab City l 26 L 27 L 28 l 29 l 30 L 31 l 1 06:30pm - Moab Page 3 of 176 Community Meetings Nov 2014 (Mountain Time) Mon Tue Wed Thu Fri Sat 26 [27 [28 [29 [30 31 06:30pm - Moab [ 2 [ 3 H [ 6 7 L 2pm - USU Moab 4pm - Grand County 6pm - Grand County 12pm - Trail Mix @ 3pm - Moab Valley 5pm - KZMU Board 5:30pm - Old 4pm - Grand 7pm - Castle Valley 5:30pm - Moab [ 9 [10 [11 `12 [13 [14 [15 12:30pm - Grand 3pm - Moab Area 3:30pm - Grand 6pm - Grand County 6pm - Grand County 12pm - Housing 6pm - Grand County 4pm - Grand County 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley •7pm - Moab City 7pm - Thompson F16 [17 [18 [19 [20 [21 [22 4pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water [23 [24 [ 25 [ 26 [ 27 [ 28 [29 ••':30pm - Moab 6pm - Grand County •5:30pm - Canyon! •7pm - Moab City [30 [ 1 [ 2 [ 3 [ 4 [ 5 Page 4 of 176 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, October 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 1-1 October 14, 2014 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: SECTION 5: SECTION 6: SECTION 7: PRESENTATIONS AND PROCLAMATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for October 2014 for Helen M. Knight School PUBLIC HEARING (Approximately 7:15 PM) 5-1 Public Input on Proposed Resolution #39-2014 — A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone SPECIAL EVENTS/VENDORS NEW BUSINESS 7-1 Approval of Proposed Resolution # 46-2014 - A Resolution Approving a Lease Agreement Between the Utah Department of Transportation and the City of Moab For the Lease of Lions Park UDOT Lions Park Lease Agreement 7-2 Approval of Proposed Resolution #45-2014 —A Resolution Approving the Solid Waste Collection Franchise Agreement 7-3 Consideration of Proposed Ordinance #2014-11— An Ordinance Establishing a Six Month Temporary Land Use Regulation Pertaining to Short Term Rentals (two draft versions presented) AGENDA Page 5 of 176 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 AGENDA Page 6 of 176 MOAB CITY COUNCIL REGULAR MEETING October 14, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Assistant City Engineer Eric Johanson and Public Works Director Jeff Foster. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Nineteen (19) members of the audience and media were present. Councilmember Stucki moved to approve the Regular Meeting minutes of September 23, 2014. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that he had been working on the 500 West landscaping project. Under Engineering Department Update, Assistant City Engineer Johanson stated that the 500 West Waterline project was currently out to bid and that the Lions Park project was going well and seemed to be under budget. Under Planning Department Update, Planning Director Reinhart stated staff had been monitoring - online — illegal, nightly, rentals and increasing enforcement. Planning Director Reinhart stated that the General Plan process was gearing up again and that the Planning Commission was working on an affordable housing tool box. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster October 14, 2014 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE AGENDA Page 1 of 4 Page 7 of 176 stated that he would be attending a Waste Water Treatment Plant (WWTP) meeting with the Division of Water Quality the next week to discuss possible funding sources for a plant upgrade. Public Works Director Foster continued that staff had been very busy with storm clean up and that he had been working on the 500 West Waterline project. Public Works Director Foster stated that the street survey was underway and that the sealcoat project had been a success. Councilmember Peterson thanked the public works department for the new crosswalk on 200 South and 400 East and inquired if there had been any progress in correcting the Main Street pedestrian signals. Public Works Director Foster stated that the Utah Department of Transportation (UDOT) was looking into options for the pedestrian light issues. Councilmember Bailey moved to approve a Special Business Event License for the Youth Garden Project to Conduct the Annual Pumpkin Chuckin' Festival at the Grand County High School on October 25, 2014. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve a Request by Youth Garden Project for a Refund of the Special Business Event Fee in an Amount not to exceed $200. Councilmember Peterson seconded the motion. The motion carried 4-1 aye with Councilmember Stucki voting nay. Councilmember Stucki moved to approve a Request by Sara Hatathley for an Amplified Music Event at Old City Park on October 17, 2014. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye. Councilmember McElhaney moved to approve the Safety Specialist Job Description. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Award the Telephone System Proposal to Emery Telecom in the amount of $22,447.94. Councilmember McElhaney seconded the motion. The motion carried 5- 0 aye by a roll -call -vote. Councilmember Ershadi moved to grant Local Consent for a Special Use Permit for Industrial and Manufacturing of Alcohol for Sundial October 14, 2014 SPECIAL EVENT LICENSE FOR PUMPKIN CHUCKIN', APPROVED REFUND OF FEES FOR YOUTH GARDEN PROJECT, APPROVED AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED SAFETY SPECIALIST JOB DESCRIPTION, APPROVED TELEPHONE SYSTEM AWARDED TO EMERY TELECOM LOCAL CONSENT GRANTED FOR A SPECIAL USE PERMIT FOR INDUSTRIAL MANUFACTURING OF AGENDA Page 2 of 4 Page 8 of 176 Medicinals, LLC Located at 484 Sundial Drive. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Resolution #43-2014 — A Resolution Approving Depositories for Moab City Funds. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve Proposed Resolution #41- 2014 — A Resolution Conditionally Approving the Preliminary Plat For the Deer Trail Townhome Subdivision on Property Located at 792 West 400 North in the R-4 Zoning District. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Send Proposed Resolution #39-2014 — A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone to Public Hearing on October 28, 2014. Councilmember Stucki seconded the motion. Councilmember McElhaney declared that he would be abstaining from voting as the applicant was his son. The motion carried 4-0 aye with Councilmember McElhaney abstaining. Under Discussion Regarding Solid Waste Collection Contract, City Manager Metzler made a presentation. Discussion followed. Under Discussion Regarding City Provided Health Insurance, City Recorder/Assistant City Manager Stenta made a presentation. Discussion followed. Under Reading of Correspondence, Councilmember Ershadi stated that she had received a lot of correspondence regarding the proposed bed and breakfast. Under Mayor And Council Reports, councilmember McElhaney stated that he attended a tour with Fidelity and had found it very informative. Mayor Sakrison stated that the Airport Board was asking Grand County for capital improvement funding to accommodate jet service. Under Administrative Report, City Manager Metzler stated that interviews would begin in the next two weeks for the career service positons of Police Lieutenant and City Engineer and that the Lease October 14, 2014 ALCOHOL PROPOSED RESOLUTION #43- 2014, APPROVED PROPOSED RESOLUTON #41- 2014, APPROVED PROPOSED RESOLUTION #39- 2014 SENT TO PUBLIC HEARING DISCUSSION REGARDING SOLID WASTE COLLECTION CONTRACT DISCUSSION REGARDING CITY PROVIDED HEALTH INSURANCE READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT AGENDA Page 3 of 4 Page 9 of 176 Agreement for Lions Park would be on the next City Council agenda. No Report was given on City/County Cooperation. Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $513,374.00. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:36 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder October 14, 2014 REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT AGENDA Page 4 of 4 Page 10 of 176 f Agenda Summary CITY COUNCIL MEETING ...October 28, 2o3. I Agenda Rent # 5-1 cdiSY o imiAT._ MOAB PL-14-068 Title: Public Hearing and Consideration of a Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive, as Favorably Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The City has received an application from Mary and Jeramey McElhaney to establish a bed and breakfast on their property at 100 Arches Drive. The property is currently undeveloped and is the last undeveloped lot on Arches Drive. The proposal includes construction of a 3,721 square foot home with attached structures covering of 1,152 square feet and 864 square feet. All of the structures are two story and five (5) rooms for short term rental use will be constructed on the second floors of the attached buildings. The larger structure will consist of a four car garage on the ground level with three rental units above and the smaller structure will serve as a ground level two car garage/shop area with two rental units on the second floor. Currently, a day care center is operated by the applicants on an adjacent property on Arches Drive. This use will be discontinued when the Bed and Breakfast is constructed on the site at 100 Arches Drive and the applicants move into the new home. The applicants have stated that there will be a noticeable decrease in neighborhood traffic because of the closing of the daycare. Parking is exceeded with five off street spaces for the rental units and 6 for the dwelling. Also, there are at least four spaces for trailer parking. The Planning Commission held a two part public hearing that ended on September 25. Many of the issues were addressed by research that City Staff had conducted. Additional information was also provided by the applicant. A Planning Commission memo from September 25 (PL-14-060) is attached your review. Subsequent to the hearing, the Commission voted 3-0 to favorably refer the application to Council for approval. Four conditions were established in Planning Resolution #11-2014 and include: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. AGENDA Page 11 of 176 Page 2 of 5 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. Review Criteria 1. MMC Section 17.09.530, Conditional Use Permits, (A) describes a conditional use as "a land use that, because of its unique characteristics or potential impact on the city, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate detrimental impacts. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. Conditional use permits may be approved for the uses indicated in the use regulations of the zoning district of the property for which the conditional use permit is requested." Specific review criteria for individual conditional uses are required by state law. The Council adopted these criteria in 2000 and 2006 for tougher standards for B&Bs. These are included in the addendum below. 2. Utah State Code Title 10 Chapter 9a Section 507, Conditional uses, addresses this land use type in the following terms: "(1) A land use ordinance may include conditional uses and provisions for conditional uses that require compliance with standards set forth in an applicable ordinance. (2) (a) A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. (b) If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied." Process: 17.09.530 contains the process for a conditional use permit. Two public hearings are held; one before the Planning Commission and one before the City Council. As noted above, there are specific criteria that are used by both boards for the approval of the conditional use, and it is specifically understood that certain listed criteria may not apply to a particular application. The applicant is required to adequately demonstrate that the following applicable criteria have been or can be met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. AGENDA Page 12 of 176 Page 3 of 5 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the City Council shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. The City Council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. Addendum 17.09.530 (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and Breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be AGENDA Page 13 of 176 Page 4 of 5 recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the Bed and Breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards in B below and landscaping. Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only bed and breakfast: Zoning R2, R3, R4). 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. AGENDA Page 14 of 176 Page 5 of 5 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty- six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. j:\agenda draft documents \I0-28-2014\p8z\arches b8b\p1-14-088 final cc arches b86.docx AGENDA Page 15 of 176 CITY OF MOAB RESOLUTION #39-2014 A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED ON THE MCELHANEY PROPERTY AT 100 ARCHES DRIVE IN THE R-2 ZONE WHEREAS, Jeramey and Mary McElhaney at 95 Arches Drive, as the Owners of record ("Owners") of a 24,830 square foot (.57 acre) parcel of property also located in the R-2 Zone at 100 Arches drive, have applied for a conditional use permit to establish a bed and breakfast at the described property; and, WHEREAS, the Owners have provided the City of Moab with the necessary documents, plans and, drawings to complete the application for said use as required under Land Use Code Chapters 17.09.530 and 17.09.531; and, WHEREAS, the proposed five -room bed and breakfast is allowed in the R-2 Zone only if the Owner lives on the property and is granted a conditional use permit as provided in Chapter 17.09.530; and, WHEREAS, the Planning Commission reviewed the application in a duly advertised public hearing held on September 11, 2014, and subsequently adopted Resolution No. 11-2014, at said hearing, favorably recommending the application to City Council (Council); and, WHEREAS, Council reviewed the application in a duly advertised public hearing on October 28, 2014 to hear testimony and review the code requirements for the use of a bed and breakfast; and, WHEREAS, Council determined that the proposed bed and breakfast appears to be in compliance with the requirements of the applicable chapters of the Title 17.00, Moab Land Use Code for a conditional use permit and specifically or a Bed and Breakfast; and WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the development, the Moab City Council does hereby find, determine, and declare, that all applicable provisions of the Moab Municipal Code have or can be met. NOW, THEREFORE, be it resolved by the City Council that the conditional use of a bed and breakfast on the above described property is approved with the following conditions: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the day of , 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder p:\planning department\2014\resolutions \ council \#39-2014 arches hEh.docx AGENDA Page 16 of 176 CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #39-2014 — A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED ON THE MCELHANEY PROPERTY AT 100 ARCHES DRIVE IN THE R-2 ZONE The City of Moab will hold a Public Hearing on Tuesday, October 28, 2014 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Resolution #39- 2014 — A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R- 2 Zone. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, October 16 and 23, 2014. AGENDA R:\Notices\2014\res 39-2014 bandb PH.docx Page 17 of 176 Page 18 of 176 mo Arches Drive om t e sout east 1 Page 19 of 176 -�rr�z�rs�r7: View from wo Arches Drive to the southeast showing street slope into the property and detention wall I Page 21 of 176 Image of added drain pipe into right-of-way Page 22 of 176 Surrounding properties -1 Page 23 of 176 zrmEm i!MZ:L= Page 26 of 176 Surrounding properties -4 Page 27 of 176 Street view of ioo Arches Dr. from southeast Page 28 of 176 Page 29 of 176 New retainin • etention wa w Page 30 of 176 Page 31 of 176 Page 32 of 176 IIM=:L= znmEm ii!MZ:L= Page 36 of 176 mage s owing u i i y easement road and straw bale diversion Page 37 of 176 Page 38 of 176 Page 39 of 176 View of storm water easement itc nort o t e su • ject property Page 40 of 176 View of storm water outfall onto Rose Tree Lane Page 41 of 176 Page 42 of 176 f PLANNING AND ZONING COMMISSION MEETING September 11, 2014 I PL-i4-DRD Agenda Item #3&4: Title: Continuation of Public Hearing and Review and Approval of Planning Resolution #11-2014 for Approval of a Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The public hearing for this B&B application was reopened and continued to the meeting on September 25, 2014. The action item approving the resolution was tabled and will need to be taken from the table prior to any action being made. Several issues were raised by the attending citizens and Staff was directed to investigate the concerns and report back to the Commission with the results. 1. A misunderstanding about the status of a day care center and an additional business in a residence was resolved by Sarah Atherton of Utah Department of Health, Bureau of Child Development. There is no regulation that will prevent a day care business from locating in a residence that has an additional business within. If the day care business for 8-16 children was proposed in the new home, it could be approved through the conditional use permit process. The applicant has expressed that they no longer wish to have the day care business and are voluntarily terminating the use. 2. The drainage issue is complicated and the city has made an effort to organize the homeowners and an adjacent owner of undeveloped property to jointly address the issue. Apparently, some discussion has taken place between the parties, but this detail was not raised during the public hearing. Also, the city has in the past required storm water to be retained by individual property owners. This was manifested in a retaining wall that runs across the fronts of one of the lots on the northeast side of Arches Drive as shown in the attached pictures. The retaining wall serves two purposes: Slope stabilization and water detention. However, an enterprising resident has seen fit to breach the detention wall and illegally drain his storm water directly into the City right-of-way. In addition, the city has maintained a storm water easement and drainage ditch behind the properties in an effort to control the direction of storm water flows. The attached pictures indicate the bale dam that was installed within the drainage easement. 1 AGENDA Page 43 of 176 3. Traffic was also raised as an issue and it was pointed out that the overall traffic count will drop with the termination of the day care business. The ITE trip manual indicates that a B&B can generate up to 8.9 Average daily Trips (ADT)/unit and a single family residence 10-12 ADT. However, independent local studies show that trips for a B&B are lower than the ITE information and that a single family residence can be much higher. Individual local single use studies are rarely completed and usually are conducted on a more regional context. The average trips are low because of the way that B&Bs function. Unlike an inn, B&Bs serve breakfasts where an inn will have lunch and dinner. So, once the lodger leaves for the day, they will rarely return until evening. Some will eat before returning to retire for the evening and others may return to the B&B to change before dinner adding a second trip to the traffic count. 4. Parking was raised as an issue and was addressed by the applicant. The code requirement is for the B&B to provide 1 space for each rented room. In addition, two off-street spaces must be provided for the owner of the residence. The parking plan shows the five required spaces as well as areas for 4 or more trailer spaces. In addition, the ground floors of the rental structures will provide up to six spaces for the residential use. 5. A concern about noise. The property owners must live on site. A B&B is not a nightly rental run by a manager who has no connection to the ownership of the property. 6. The Small Business Development center studies shows that where an inn employs an average of 4.6 people, the majority of B&Bs are family run and do not have employees. No additional help is required. The average number of rooms in a B&B is 8.5, up from 8 in 2000 so for the most part the businesses are small scale and remain so. Rural B&Bs get most of their business on the weekends and in the vacation season of April through September. Oftentimes they serve as a weekend getaway. In comparison, urban locations may be fully operational year round. ( 7. A description of the typical B&B guest may dispel other issues. A Michigan State study shows that B&B travelers are middle-aged, well-educated, (moderately) high income, married professionals. Latest studies also show that 82% of the travelers are married with just less than 50% having kids at home. The average age for a traveling party is 40 years old with 60% percent below the age. "This indicates that many B&B guests are at a mid -point in the traditional family cycle, when raising children is a primary activity. Newlyweds and "empty nesters" account for a smaller proportion and, only 9 percent of the market is attributed to adults over 59 years of age. 8. A comment made by one of the attendees of the public hearing, suggested support for the B&B if everyone in the neighborhood could do the same nightly rental. The code does allow each resident to apply for a conditional use permit to have the B&B use on their individual properties if they can meet the specific requirements as spelled out in MMC Sections 17.09. 9. In the written comments passed on to the Planning Commission, a reference to the prohibition of boarding houses in residential zones was made (MMC 17.71.030). Boarding houses were removed from residential areas because they were largely comprised of apartments (Cedar Breaks, Purple Sage, Fandango, etc., that were converted into nightly rentals. They did not have a managerial presence and usually a property management company collected the rents and maintained the grounds. The bed and breakfast, on the other hand, requires that the property owners live on the premises. AGENDA Page 44 of 176 10. Also, there were numerous complaints about the day care voiced during the public hearing portion of the meeting. However, staff has never received a complaint since the day care has been in operation. Process: A review of the requirements for this conditional use permit may be useful to the Commission. Code Section 17.09.530 contains the process for a conditional use permit and there are general criteria that must be used by the Commission to determine if the applicant has met or can meet the intent of the code. It is specifically understood that certain listed criteria may not apply to a particular application and the applicant is required to adequately demonstrate that the applicable criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. AGENDA Page 45 of 176 After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. MMC Section 17.09.530 also contains the specific standards that individual B&Bs must meet. 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). AGENDA Page 46 of 176 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the appeal authority within ten days of planning commission action. Options: The Planning Commission can: 1. Adopt Resolution #11-2014 as written and recommend that Council approve the conditional use permit for the plans of the bed and breakfast as submitted; 2. Adopt Resolution #11-2014 and recommend that Council approve the conditional use permit for the plans of the bed and breakfast with conditions; 3. Vote to not adopt Resolution #11-2014 and state their reasons; 4. Table the vote on the resolution until a later date and request additional information Recommended Motion: I move to adopt Planning Resolution #11-2014 recommending to Council the approval of the bed and breakfast for the property located at 100 Arches Drive with the conditions that: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. AGENDA Page 47 of 176 Attachment(s): Addendum Resolution #11-2014 Narrative Site Plan Nightly rentals as used in the context of 17.09.700 Residential short-term rentals prohibited. 1. Except for bed and breakfast facilities and guest apartments that comply with Chapters 17.70 and 17.71 of the Moab Municipal Code, the short-term rental of dwellings is prohibited in the following zones: A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, RA-1, and all other zones where short-term rentals are not listed as a permitted use. 2. A. For the purposes of this section, "short-term rental" shall be defined as: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-family or multifamily occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less; 2. The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less. B. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. (Ord. 07-09, 2007) p:\planning department\2014\correspondence\p1-14-060 pc arches b&b decision.docx AGENDA Page 48 of 176 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: SEPTEMBER 11, 2014 :: Members Present: Members Absent: City Staff: Public Members: Kelly Thornton, Jeanette Kopell, Wayne Hoskisson, Laura Uhle, Joe Downard 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 Sample Affordable Housing Ordinances Planning Commission members held a general discussion about affordable housing. Commissioners Thornton and Kopell gave a recap of the Tuesday night City Council meeting. Commission Chair Thornton wanted to put together a timeline to develop the four points that were discussed with the City Council. The four points were: • Community Development Corporation • Inclusionary Housing • Affordable Housing Overlay Zone • Linkage Fees Commission Chair Thornton stated that whether or not City Council adopts the Temporary Land Use Regulation it was her intent to still develop a timeline for creating the ordinances using these affordable housing tools with an initial emphasis on linkage fees. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: August 28, 2014 Commissioner Kopell moved to approve the minutes for August 28, 2014 as written. Commissioner Hoskisson seconded the motion. There was a brief discussion about the vote on Ordinance 2014-06 and it was determined to be accurate. The motion carried 3-0 aye. 3. Public Hearing — Conditional Use Permit Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive Commission Chair Thornton opened the public hearing at 7:04 pm. AGENDA inning Commission, Minutes tember 11, 2014 Page 49 of 176 Page 1 of 8 Applicants Jeramey and Mary McElhaney gave a presentation regarding their application. Mr. McElhaney stated that he and Mary are the property owners and asked the Commission if they had any questions. He stated that he drew the plat and said he can answer questions if they have them. Mr. McElhaney stated that he would like to give the Commission some of the reasons why they decided to do this. He said that he was born in Moab and has owned a construction company in Moab for about 12 years. He said he met his wife in 1996 and they were married in 1997 and that he imported her from Carbon County. He stated that she has operated an in -home daycare on the lot immediately to the right [southeast] in a home that he built a few years ago. Mr. McElhaney said two years and six days ago was a turning point and on September 5, 2012 he had a construction related accident where he broke his right wrist, elbow and hip and it was kind of a big deal because he is one of the contractor's that actually does the work himself. He stated that because of that he has noticed in the past two years that a lot of the things he was able to do in the past he is not able to do any longer. He said all of the doctors have told him that two years is the cutoff and he should be where he is going to be in two years and if you're not then it's as good as it is going to get. He stated the business that he has been running and working in for the last dozen years is shortly becoming not an option for him anymore. He said where they have this vacant lot next to their home they were trying to come up with something they could do and he would be able to do it and he said he is sure everyone knows it is very difficult to earn an income in Moab. He stated they were trying to replace that income and as stated earlier an in -home daycare cannot operate in the same home as a bed and breakfast. Mr. McElhaney said some of the steps they have taken during the design process to help protect the privacy and the neighborhood and the first is the layout of the buildings on the lot. He stated at the top of the lot is a hillside and the lot is about 50 or 60 feet above in elevation than the home below it. He stated the rest of the neighborhood will be mostly shielded by their home. He said the home will be far enough forward on the lot that it doesn't create any unnecessary noise for the homeowners behind it, below the hillside. He stated the other side of the property is insulated with a 20 foot utility easement and a 20 foot access easement for an adjacent piece of property. He stated he has been working with the Planning Depaitment for about two months on the planning and design stages of this and with their help they have taken steps to shield the parking area so it looks more like a residential area. He said they don't want it to look like a parking lot. Commission Chair Thornton asked what the shield would look like and Mr. McElhaney said it would be either landscaping or a fence, something that would conform to the rest of the homes in the neighborhood. He stated that the property line on the left-hand side of the map there is a six foot tall wooden fence and currently between his home and this lot there is nothing but he is building a cement retaining wall curb and on the other side of their property there is a six foot tall retaining wall. Mr. McElhaney stated that was one of the homes he built and the City required him to retain every bit of water that fell on that lot so he retained all that water. He stated that the home he currently owns he retains all that water and when he built his current home, all of the extra dirt he took out flattened the lot and bowled it a little bit so it is actually trapping all of the water that falls on that lot or the ones that happen to get on it from above. Mr. McElhaney said one of the concerns was that there was a driveway in the front and they don't want all of that water to drain onto Arches Drive so where you initially have to come up on the curb will drain to Arches Drive but from that point where the parking spaces are is going to run downhill toward the right-hand side of that property to an area that is labeled gravel and it will all drain in to that area to the bottom of the house/garage/shop. He stated the gravel area next to and behind the shop is going to retain all that water off the cement area. He stated everything else on the lot is going to be landscaping. He stated eventually he would like to have a Japanese tea garden with pathways and gazebos in the great big open area to the top of the lot but did not want to commit to that until he knew the costs. Mr. McElhaney said in reading some of the public comments that he has heard from his neighbors it seems to be traffic is their primary concern. He stated currently their in -home child care business is licensed for up to 16 children at a time which means they can have a vehicle pass 32 times each day. He stated with five rentable units in their bed and breakfast each occupant could come and go three times each day and still generate less traffic than is currently allowed. He stated they also recently counted the neighbors coming and going during one 8 am to 5 pm hour period and that individual came and went 17 times which is 34 trips up and down that road. He said on an average day in the peak season from March to October they have between five and ten vehicles that come and turn around in the cul-de-sac and he's not really sure if they are looking for the view or if they are lost looking for the Slickrock Bike Trail and he is not really sure why they come up but they just come up and turn around and leave. Mr. McElhaney stated Arches Drive is a cul-de-sac and there is kind of a bend in it AGENDA inning Commission, Minutes tember 11, 2014 Page 50 of 176 Page 2 of 8 and right at that bend there is a sign that says "not a through street" and that sign was put up at the request of Mary because of the daycare. He stated the second concern that he has noticed that is coming out strongly has been parking. He said currently other than their driveway, and he means everyone in the neighborhood, there is no off-street parking on Arches Drive. He stated their bed and breakfast will have garage parking for every vehicle they own. He said currently they have a two -car garage and they have five vehicles and three motorcycles so it is not adequate for parking. He said other than their driveways there is no off-street parking. He stated their bed and breakfast will have garage parking for every vehicle they own as well as up to seven guest parking places. He said there are five there and there is actually room for two more and up to six trailers depending on their size. He said he is not anticipating trailers coming up there but on the chance that they do there is going to be a place for them to be and not be on the street. Commission Chair Thornton questioned where Mr. McElhaney anticipated putting those trailers and Mr. McElhaney indicated (on the map) where they could be placed. He stated they would be back-to-back and lined up. Commission Chair Thornton asked if they would be accessed off of Arches Drive. Mr. McElhaney said that they would have to be accessed from Arches Drive because the only access to the property is Arches Drive. Commission Chair Thornton asked if they would pull in and park and Mr. McElhaney confirmed that was the case. Mr. McElhaney stated he has seen it in the middle of the day when things are happening in the cul-de-sac is pretty clogged and he is trying to alleviate that problem for not just himself but for his neighbors as well. Mr. McElhaney said that as Jeff [Reinhart] stated about the daycare continuing there has been concerns and he is not sure why or where it was coming from but that they were going to have a daycare in a bed and breakfast or operate the daycare out of the next door home and he is not sure where that idea came from and with that stated an in -home daycare has to be your primary residence and a bed and breakfast has to be your primary residence and they can't have both. He stated once this becomes operational the daycare will have to close by law. Mr. McElhaney stated he has seen a comment on lighting and as part of the proposed resolution it states all lighting shall be downward directed and full -cutoff [inaudible] as required in Moab Municipal Code Section 17.09.660, H, Lighting Plan, so he thinks that pretty much speaks for itself and they are going to require him to shield the lighting regardless of what he builds there. Commission Chair Thornton asked Planning Director Reinhart if everything up there was shielded for lighting and Mr. McElhaney and Planning Director Reinhart stated that none of the lighting up there is shielded and Mr. McElhaney stated it was not currently shielded but this particular home would. Mr. McElhaney stated he heard some comments that there shouldn't be any sort of commercial building whatsoever in a residential zone in Moab. He stated there are currently six bed and breakfasts inside Moab city limits. He stated there zoning for one of them was residential -commercial which is commercial, one of them is in RA1 which is residential -agricultural, two of them are in the R2 zone which is where this one is proposed and two of them are in the R3 zone. He said he had seen a comment too that said something about who was going to stay there and it alludes to sex offenders or whatever and he was not sure what they were trying to accomplish with that comment. He said he looked to see who actually stays at bed and breakfasts nationwide and Michigan State University did a study nationwide for a profile of who stays at a bed and breakfast. He said the profile of a bed and breakfast guest confirms the widely held impression that this is a middle-aged, well-educated, high -income professional market. He stated on the last reported bed and breakfast trip comprised couples, man and wife, two-thirds of travel parties, 82% of those sampled were married and about half have children living at home. He said the average age of a travel party is 40 years old with 60% under that age. He stated that this indicates that many bed and breakfast guests are at a mid -point in the traditional family cycle when raising children is a primary activity. He stated newlyweds and empty -nesters account for a smaller portion and those older than 59 years old is about 9%. He said education levels are high with the largest response category being completion of a college degree. He said in addition another one-third had some graduate school or an advanced degree. He said it falls to the occupational profiles dominated by professionals and managers. He said several categories such as business, health, education, and science are large enough for bed and breakfasts to consider promotion aimed specifically at these segments of the population. He said this isn't going to be the yahoo party animal crowd. He said these are 40 year old professionals and that's who stays at a bed and breakfast. Mr. McElhaney stated the rooms that they are proposing, four of the rooms have a single king-sized bed and they decided to have one of the rooms have two queen -sized beds on the off chance that say he was traveling with his father or his brother and he would rather have his own bed. He said he tried to see who stayed there and he knew this going in but he wanted the documentation. He said he had a question on adverse affection on property values AGENDA inning Commission, Minutes tember 11, 2014 Page 51 of 176 Page 3 of 8 with the bed and breakfast in the neighborhood. He stated the lot that he is proposing this one is the largest single lot in the entire Arches subdivision at 0.57 acres so it is well over half an acre. He said the proposed home and bed and breakfast will be the largest home in the subdivision but there are currently three homes of comparable size and construction currently in the subdivision. He said it will be a custom home with tremendous curb appeal and all real estate studies indicate that building out a subdivision actually increases surrounding property values instead of lowering them. He stated that he is actually going to build this anyway, the exact same footprint, regardless of bed and breakfast approval. He said it will not alter what he builds, it would not have rentable rooms but it will be the exact same footprint, so basically what he is doing is building a home but what he is asking is if they can also incorporate a bed and breakfast into that home. Mr. McElhaney stated that was the end of his presentation and reserved the right to address any questions or concerns that might be brought up in the public hearing. Commission Chair Thornton said that she would like if a Planning Commission member has a question based on public comment then they will address that to him. She stated she did not want to get into a situation where he responds and someone else responds and she wants to keep it civil. Tim Noonan stated that he lived at the corner of Hillside and Rosetree. He said this property is up above his home directly. He said there is a substantial slope, more than fifteen degrees, going to the west and said he has a huge concern. Mr. Noonan stated a man should be able to build a nice home and a bed and breakfast or business is understandable but his concern is drainage. He stated there is a large hill and a lot of water runs down it. He questioned if anyone had seen the corner and stated that he is very familiar with the layout of the land because he lives there and he is sure Jeramey is familiar with it too. He stated if all the water now lands on that lot, the largest lot in the subdivision at 0.57 acres, concrete and roofing will add additional water. He stated his largest point is there is another land owner and a whole bunch of water comes on to Jeramey's property and the water then runs right toward his property. He said there is a potential problem, to say the least. Mr. Noonan stated that Jeramey referenced curbing at the edge of the concrete and/or asphalt driveway which would be at the end closest to the cul-de-sac in front of the nice home. Mr. Noonan stated years ago curbing was put there by the City and that's a concern about how much water runs across that property. Mr. Noonan provided the Commission with photographs and requested the Commission view them. Mr. Noonan stated that he does not like Jeramey one bit. He stated when Jeramey bought that property from Steve Patterson out of Telluride previously the City had put a line of bales so that the water would not go down into his property. He said the City also put a line of bales at the back of end of the property and those bales still exist and he does not like Jeramey one bit for removing those bales as he was building his beautiful home, his present residence right next door. Mr. Noonan stated the structure is substantial from the letter he received. Commission Chair Thornton clarified that any property owner within 300 feet of the proposed project receive in the mail a notice about the public hearing and that comes from the City. Mr. Noonan stated again that he fully understands someone having the desire for their beautiful castle dream home but drainage is his concern because he is directly below the bed and breakfast and his home could be inundated flood runoff. Mr. Noonan requested someone from public works to watch the drainage. He stated he has lived there for fifteen years now and he has seen every storm event. He stated there has not been a major event for a while but they are so local that one mile can dump and a couple miles away it can't. He stated some good examples were the Horse Thief trail getting washed out and another example would be by Arches a couple years ago and another example would be out by Blue Hill a few years ago. He said if an event were to occur there as it presently runs off it is a concern of his. He stated he has attempted to speak with this a couple times and didn't get very far. He stated that drainage was his concern and asked that the minutes reflect that hugely. He stated there is a power pole in the back corner and that is where it comes from. He stated he is sure the present owners, Jeramey and Mary, are very familiar with the drainage that occurs and runs right through in an approximate gulley location and it's a big deal. He said water has entered off of this property in the past, a lot of water in to his back yard and that's why the pictures of the piece of city equipment and the city and those guys in 1999 put a row of bales across but there was an absentee owner and he didn't care that they were there and he was just holding on to want to sell it someday but that was an assumption on Mr. Noonan's part. He stated it is a beautiful lot that's going to get built on with wonderful plans. Mr. Noonan stated drainage, drainage, drainage, drainage was his concern. He said to speak to someone in Public Works who has seen what went on out there. He said in 1999, 2000, 2001 and 2003 those were huge events that were of concern. He said it hasn't rained like that since but it could easily AGENDA inning Commission, Minutes tember 11, 2014 Page 52 of 176 Page 4 of 8 happen again. He said the curbing needs to be tall so that it actually does slow [the water]. He stated that gravel will not retain all the water that comes from the other property owner let alone what is additionally going to run off. Bonnie Carson stated that she lives at 105 Arches and has lived there since June 2008. She stated they bought their property about the time that Jeramey and Mary moved in to their house. She stated they were unaware that there was going to be a daycare center when they closed so it was a surprise to them that there was such a commercial establishment next door although she stated she was not here to discuss the daycare center, she was here to discuss the bed and breakfast. She stated they had been hoping when they moved in to be able to live on a peaceful street, dead-end street, cul-de-sac and eventually retire here but they are still working. She stated those dreams were quickly put to bed and she thinks by the description of the proposed bed and breakfast, it sounds like a mini hotel and even if the daycare center is closed, and it's not clear to her still without a citation that it could be closed or would have to be closed, she thinks the issues they've encountered on their street would continue. She stated all they had to deal with in preparing remarks for this hearing was the mailing that they got which was rather vague so some of her prepared remarks have actually been answered by Mary and Jeramey. She stated she is still unclear on some issues. Mrs. Carson stated the proposal they received in the mail led off with the bed and breakfast being a solution to the problem of insufficient parking in the city of Moab and she fails to see how a bed and breakfast could sufficiently address lack of parking in the city of Moab and she stated that was confusing. She said it is also confusing to her that they will still be in possession of two residences at the end of Arches Drive and said whereas their primary residence may be the new dwelling that they are proposing to construct but it is not clear to her that the daycare center would necessarily be precluded from operation because it is a secondary dwelling. She stated unless that prohibition is tied to ownership, she fails to see where one would have to be sacrificed for another. Commission Chair Thornton asked Mrs. Carson if she was within 300 feet of the property to clarify what information she was referring to Planning Director Reinhart stated that Mrs. Carson was referring to the narrative that was submitted by the applicant that was included in the notice sent out by the City. Mrs. Carson stated the information was extremely unclear but her point was that she wasn't sure that it was necessarily precluded to have two businesses there. Mrs. Carson stated the letter that she got said that Jeramey had already constructed two houses in the Arches subdivision, that would be her house and his house next door, and that the houses are connected. She stated she was not sure what that means but her house is not connected to the house next door that is being used as a daycare at the moment. She said they are a distinct house and they are in no way connected with the proposal for the bed and breakfast and don't want to be. She stated that Jeramey had mentioned that he had talked to his neighbors about his plans and is aware of the concern of the neighbors. She stated they are his next door neighbor and they do spend time in the summer away from that house because it is so noisy and there are so many kids there. She said there was no attempt to call them or reach them to solicit any kind of concerns that they may have and they have plenty. She stated the contention that their property values will increase she is not sure where that comes from. She stated their house has been off and on the market since shortly after they moved in in 2008 and it has not sold. She thinks it is obvious to everyone who goes by that it is used as a daycare center and it is her opinion that people in that price range don't want to move into the community possibly because of the price and move into a house that has been used as a daycare. She stated she thinks they are going to be having those two houses there which sets up the potential for retaining two businesses. Mrs. Carson stated they bought their house because they thought the area was going to be quiet and she objects to a bed and breakfast specifically for the following reasons: noise and traffic will be more intolerable because the traffic will be coming and going out of business hours, so to speak, because people will be out playing all day and then will come back at night and whereas the daycare you know they come and go around school hours so that's daylight and that's reasonable but she thinks with a bed and breakfast the situation will be flip-flopped. She stated speeding has been a real issue. She stated her husband, Scott, who has submitted a letter has had to go out and talk to the parents and actually stop them in the street and ask them to please slow down because there is a speed limit sign there, you can see it but it doesn't matter because people are going to disregard it anyway but they zoom up and down the dead-end street. She stated they've thought about asking for speed bumps but talked to some other neighbors who were not in favor of that so out of respect for them they did not come to the city for a speed bump. She said she fails to see why bed and breakfast people would be any different with respect to speed limits She AGENDA inning Commission, Minutes tember 11, 2014 Page 53 of 176 Page 5 of 8 said we've got garages underneath the proposed dwelling for newlyweds and 40-50 year olds and said that doesn't make sense either. She said she knows Jeramey is connected with the Red Rockers and she thinks the Red Rockers are great. She said her first dash plaque she got in 1988 and she has seven of them however she knows what it is like to mess up your vehicle on a trail and have to work on them at night to get out the next day but the type of people that are being described for this bed and breakfast are not the kind of people that will necessarily be there. She stated a national survey does not reflect the type of recreation hot spot that Moab is and that's not the kind of people you're going to get all the time and that's what she is concerned about. She said she is concerned about traffic and she is concerned about speeding, she is concerned about noise and she is concerned about lighting. She stated that she has an 8" telescope that she has not been able to take out of her house because there is a street light in front of her house. She thinks to have more lighting would just be totally unacceptable and would destroy the night sky. She stated that she sees UTV's and Jeeps being unloaded from these trailers in addition to the vehicles that tow them and she foresees more parking problems than have been presented here and are likely to occur. Mrs. Carson stated noise that she is still working, she works hard, and they need to sleep at night. She said she is not going to hesitate to call the police any time that there is noise or loud partying that she can hear in her house next door. Mrs. Carson said to sum up because she knows there are other people, she sympathizes with Jeramey's physical condition; we all have physical conditions. She stated she has had to reinvent herself several times. She has been back to school and has three degrees. She said she is an environmental engineer is her most recent degree and she can agree with the previous comment because she's had to do stormwater assessments on [inaudible] bases all across the nation. She stated that she knows what it is like to have expanses of concrete and how they direct water. She said they've seen the issues with the water that was mentioned in the previous comment and she can certainly agree that without strong intervention there will be definite problems downhill. Mrs. Carson said she has been coming to Moab since 1972. Her first Jeep Safari was in 1988 and she feels fortunate enough to finally live and work here and she hopes to retire here and she hopes to retire on Arches Drive. She encouraged the Planning Commission to adhere to the Moab City Code 17.71.030 and she is confused by the agenda number 3 that says that there will be a resolution as a result of this meeting conditionally recommending approval and asked to have it explained. Planning Director Reinhart informed her that resolutions are always written in the positive and that it was up to the Commission to vote them up or vote them down. Mrs. Carson clarified that they were automatically entered as positive and Planning Director Reinhart confirmed that was the case. Mrs. Carson accepted Planning Director Reinhart's explanation and thanked the Commission for their time. Ryan Barnum stated with the daycare you have some traffic down the street already and with the electrical business you have tractor trailer traffic making deliveries and he wanted to suggest making the whole street R-3 if the Commission were going to approve this bed and breakfast and maybe giving everybody else the opportunity that Jeramey would have. Glen Wanczyk stated that he lived at 687 Hillside Drive just below the proposed new building and he said that everything he wanted to say has been covered. He stated the water is a real problem but it has already been covered. He said the potential increase for noise and lighting and traffic has already been covered. He stated the building plan looks great but it doesn't look like it is going to lend itself to families like the study sort of said it might with single bedroom units but it looks like it is only going to be couples so it is not going to be the family atmosphere that looks like it is proposed there and he said the only thing he would add is why would we want to put a bed and breakfast in a residential area. Mike Steele stated that he lived next door to this proposed bed and breakfast. He said his comments would be very brief for a couple of reasons because a lot of the concerns have already been covered. He stated he believes the reason that Moab City has an ordinance prohibiting these bed and breakfasts in residential areas speaks for itself. He stated we have all seen these overnight rentals around town and the impact they have in the neighborhood and he does not think we really need to talk about that a lot. He feels like there is a reason Moab City passed this ordinance prohibiting bed and breakfasts in residential zones and he does not want to see one next door to him AGENDA inning Commission, Minutes tember 11, 2014 Page 54 of 176 Page 6 of 8 Scott Carson stated he and Bonnie own the house at 105 Arches Drive and the Commission has seen his comments. He wanted to add that they did already lose their neighbors immediately to their other side at 111 Arches as soon as they saw this proposal. He stated they had been leasing and wanting to buy there but they immediately made an offer on another house in the Moab area and have decided to leave the subdivision just because of this proposal. He stated he could give copies of their decision so [the Commission] could see for themselves that here is one couple that have looked at the proposal and said this is not the kind of neighborhood they want to live in. He said he understands about making money and we all have to make our way in this life and Jeramey has been a good neighbor and he built their house and it is a good house and there is nothing about that. He said that he believes the City passed the ordinance, 17.71.030, for a reason to prohibit short-term boarding facilities in R-2 zones because it definitely changes the character of the neighborhood. He stated this is a mini - hotel and he does not want a mini -hotel up on Arches Drive. Mr. Carson questioned who the legal owner was of the property at 100 Arches Drive and Planning Director Reinhart answered that the applicant, Jeramey and Mary McElhaney, were the owners of the property. Mr. Carson said a mini -hotel is an inappropriate use of a residential area and there is that ruling in the statutes for a reason. Mr. Carson asked the Commission to uphold the regulation and not grant the conditional use permit. He stated they have all been through the concerns about noise and traffic and everything but he would say that what he still can't understand is what is going to happen to the daycare. He asked what prevents the daycare from continuing to operate next to the bed and breakfast and he said then they have two businesses at the end of their street and they have kind of been living with two businesses at the end of their street all these years. He stated Jeramey has parked all his construction vehicles for KTM Construction on this vacant lot and all the daycare traffic so it is unclear to him why they would want to have more businesses at the end of a residential street. He said it makes no sense and he doesn't see with as little as they got, they didn't see where the mitigations to all the negative problems have been clearly minimized. He stated with five rooms which means you have a couple in each room every night and that could be ten trips every hour coming and going and he sees it as an inappropriate use of their subdivision and it would probably be a good reason why they would want to leave Moab if this passes. He said people ask them all the time how is it living and working in Moab as a professional and he said it is fine until they put a daycare next to you and another business. He stated if you want your zoning to really protect property values you have to uphold the ordinances that you have already passed. Mr. Noonan asked if he could speak again and Commission Chair Thornton asked if he had something different to say. Commission Chair Thornton asked Mr. Noonan to keep his additional comments to a one minute time limit. Mr. Noonan stated it is understandable the concerns about the bed and breakfast as others live right next door, too, but he wanted to reiterate his drainage concern. Mr. Noonan stated if this gets approved conditionally they would all like to know what those conditions are. He asked if at this meeting it gets stamped approved and they are wondering this. He said all this slope around this property comes right down toward him and he gets whacked if drainage is not hugely addressed. Mr. Noonan asked who approves the drainage Planning Director Reinhart explained that the review at the building permit stage will be done by the Public Works Director and the City Engineering Department as well as the Building Department. Mr. Noonan said in its present state [inaudible] there is a potential for water to enter from this direction, a huge potential. He stated he lives right below and he has seen it. He doesn't think anybody else has and he knows the drainage probably better than anyone involved and this curb would have to be quite substantial and quite high and the drainage that comes off of it needs to slope to the north. Commission Chair Thornton closed the public hearing at 7:50 pm. Commissioner Hoskisson moved to continue the public hearing. There was no second. Commission Chair Thornton asked Commissioner Hoskisson to explain his reasons for wanting to continue the public hearing. Commissioner Hoskisson stated that he would like to continue the public hearing for technical reasons. He stated that he would like more information on the daycare concerns, and the drainage concerns, and other issues related to the conditional use permit application. AGENDA inning Commission, Minutes tember 11, 2014 Page 55 of 176 Page 7 of 8 Commissioner Hoskisson moved to continue the public hearing to the September 25, 2014 meeting. Commissioner Kopell seconded the motion. The motion carried 3-0 aye. 4. Action Item — Planning Resolution 11-2014 Recommendation to City Council A Resolution Conditionally Recommending Approval of a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone Commissioner Hoskisson moved to table Planning Resolution 11-2014 until the September 25, 2014 meeting. Commissioner Kopell seconded the motion. The motion carried 3-0 aye. 5. Action Item — Planning Resolution 12-2014 A Resolution Conditionally Approving a Multi -Use Development Located on the Michaud Property at 165 West Center Street in the C-2 Commercial Zone Commissioner Hoskisson moved to adopt Planning Resolution 12-2014 approving the proposed development of 165 West Center Street with a residence, short term rentals, and a commercial artist studio with the condition: • An additional off-street parking space shall be identified for future parking if the livable basement space is converted to nightly rental use. Commissioner Kopell seconded the motion. The motion carried 3-0 aye. 6. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:11 pm. AGENDA inning Commission, Minutes tember 11, 2014 Page 56 of 176 Page 8 of 8 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: SEPTEMBER 25, 2014 :: Members Present: Members Absent: City Staff: Public Members: Kelly Thornton, Jeanette Kopell, Joe Downard Laura Uhle, Wayne Hoskisson Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson, —15 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 Sample Affordable Housing Ordinances Planning Commission members held a discussion about a proposed schedule for working on affordable housing issues as well as the General Plan. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: September 11, 2014 Commissioner Kopell moved to approve the minutes for September 11, 2014 as written. Commissioner Downard seconded the motion. The motion carried 3-0 aye. 3. Public Hearing—14-0117 Conditional Use Permit Bed and Breakfast Facility Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive Applicant Jeramey McElhaney gave a brief presentation to address concerns that were expressed during the September 11, 2014 public hearing. Commission Chair Thornton began accepting comments at 7:17 pm. Kris Hurlburt stated that she has lived here for 12 or 13 years and she is committed to this town. She said she is active in Search & Rescue and is also a real estate agent. She said she sold the home next to Jeramey and Mary. She stated she provides her clients with information regarding zoning and what can occur in the neighborhood and feels her integrity was on the line. She feels that the bed and breakfast would change the neighborhood and change the quality of life for the residents in the area. She said by allowing this use it changes the lifestyle of the community. AGENDA inning Commission, Minutes tember 25, 2014 Page 57 of 176 Page 1 of 3 Bonnie Carson stated she lived at 105 Arches Drive. She indicated that several of the comments, both written and expressed at the previous meeting, came from people on their street. She stated one individual purchased another home because of the change in the neighborhood. She stated she looked through the City website for a mission statement for the Planning Commission and also for the City Council and said she couldn't find one. She said there are a number of concerned residents and the bed and breakfast is not consistent with the existing uses. She urged the Commission to take it upon themselves to protect the neighborhood and consider the comments of the people closest to the bed and breakfast. She requested the Commission uphold the R-2 zoning and not recommend approval to the City Council. Commission Chair Thornton closed the public hearing at 7:24 pm. Commissioner Chair Thornton explained that in reviewing applications for conditional use permits, the Commission must determine whether the applicant has met the conditions or can meet the conditions through mitigation. She explained that while the Commission understands the concerns of adjacent property, their job is to determine whether the applicant has met the conditions listed in the specific application. 4. Action Item — Planning Resolution 11-2014 Recommendation to City Council A Resolution Conditionally Recommending Approval of a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone Commissioner Kopell moved to adopt Planning Resolution 11-2014 recommending to Council approval of the bed and breakfast for the property located at 100 Arches Drive with the conditions that: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. Prior to a second being made, applicant Jeramey McElhaney stated to ease some of the fears that the daycare and the bed and breakfast would operate out of the same location, an additional condition could be placed on the application stating the daycare center would discontinue operations once the bed and breakfast facility was operational. Commissioner Kopell amended her motion to include the condition: 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. Commissioner Downard seconded the motion. The motion carried 3-0 aye. 5. Public Hearing—14-0121 Deer Trail Townhome Subdivision Preliminary Plat Preliminary Plat for Deer Trail Townhome Subdivision Located at 792 W. 400 North in the R-4 Zone Applicant Scott McFarland and Ben Riley with the Housing Authority of Southeastern Utah made a brief presentation regarding the application. Planning Commission Chair Thornton opened the public hearing at 8:10 pm. Dave Condie stated he lived on Riversands and has owned property in that area since 1986. He stated he was glad to see the drawings (from the Housing Authority) because that was a concern. He said he was concerned there was no green space. He stated his neighbor, Nicholas Brown, was concerned that the building would be right against the property line. He questioned the dedication of right-of-way because it widens then goes back to narrows on 400 North. He stated Jerry McNeely's fence blocks the view [of 400 North] and it is a safety issue. He said AGENDA inning Commission, Minutes tember 25, 2014 Page 58 of 176 Page 2 of 3 Riversands Road is not a legal road and is only about 19 feet wide in some areas. He expressed concern about the density and said six units were too much and he would prefer to see four units on the property. Sandy Bastian thanked the Commission for the opportunity to speak. She stated she owns property west of this of this property towards the sewer plant. She stated road is weird and the light pole juts out. She said her biggest, number one concern was drainage. She stated the concern is not just what comes off the developed property but from the park area. She claimed the City brought down road base and created a berm to keep water out. She said water comes down and crosses the road and if there is enough water, it goes up the berm and around her property. She stated in some storms waster shoots out of the storm drains and manholes. She said she was not sure what Carmichael's put in but it's a one-way street and they cannot park cars in there. She said six units on a half -acre are too many. She believes 25 foot wide lots are not wide enough for homes. She reiterated her biggest concerns were density and drainage but drainage was number one. 6. Action Item — Planning Resolution 13-2014 A Resolution Conditionally Approving the Preliminary Plat for the Deer Trail Townhome Subdivision on Property Located at 792 W. 400 North in the R-4 Zoning District Commissioner Kopell moved to adopt Planning Resolution 13-2014 conditionally approving the Preliminary Plat for the Deer Trail Townhome Subdivision with the conditions that: 1. Applicant shall work with City Staff to create an approvable storm water drainage plan. 2. Applicant shall continue to work with City Staff to generate an acceptable design for sanitary sewer connections. 3. Applicant shall follow the requirements of Rocky Mountain Power in relocation of the power pole that is currently located within the proposed street right-of-way. Commissioner Downard seconded the motion. The motion carried 3-0 aye. 7. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Planning Commission Chair Thornton adjourned the meeting at 8:52 pm. AGENDA inning Commission, Minutes tember 25, 2014 Page 59 of 176 Page 3 of 3 Date: October 7, 2014 To: Moab City Council Members Kyle Bailey, Heila Ershadi, Doug McElhaney, Kristin Peterson, Gregg Stucki Re: Public Comment on Application for a Conditional Use Permit for a Bed and Breakfast at 100 Arches Drive: My wife Bonnie and I have lived at 105 Arches Drive since 2008. We live immediately adjacent to the applicant's daycare facility at 95 Arches Drive and would be one house removed from the proposed bed and breakfast (B&B) at 100 Arches Drive. Our property line would share the cul-de-sac at the end of Arches Drive with the B&B and two other residences. A 5-unit B&B facility is a small hotel complex that is expressly prohibited by City Code 17.09.700, which prohibits residential short-term rentals in R-2 zones. We recognize that a conditional use permit could be approved if the applicant demonstrates compliance with certain specific conditions. We strongly oppose the approval of a bed and breakfast at 100 Arches Drive because issuance of a conditional use permit would violate the following sections of the Moab City Code; therefore, the proposed B&B could not possibly be in compliance: 1. City Code 17.09.531(9) A.1. The applicant cannot show evidence that impacts from the B&B to adjacent residential properties and neighborhoods would be minimal. a. Arches Drive contains 1 lresidential structures, 2 of which are duplexes. Prior to the first meeting of the planning commission where the proposed B&B was discussed (September 11, 2014), the commission received oral statements from residents of four residents of Arches Drive and 11 letters from residents of Arches Drive and the 200 South, all of whom would be directly affected by the B&B and are opposed to granting a conditional use permit for the B&B because of the amount and timing of the traffic that would result; limited access on a dead-end street; increased noise from high -density short-term lodgers; and, possibly, all-night lighting. All of these impacts would be inappropriate for the quiet neighborhood and inconsistent with current residential use. Four commenters spoke and objected to the B&B at the second meeting of the planning commission (September 25, 2014). All commenters provided rationale for their objections. The amount of opposition and concern shown by the Moab residents who would be directly impacted by the operation of the proposed B&B shows that the impacts of the proposed B&B would be adverse and would NOT be "minimal," as required by City Code. Because of the planning commission's decision to arbitrarily dismiss the comments submitted by the residents of Arches Drive and 200 South, we are appealing to the City Council to recognize that the residents of the neighborhood are citizens of the City of Moab who have the right to expect their City Council to uphold current zoning regulations. We extremely opposed to the approval of this B&B conditional use permit precisely because the impacts would not be minimal. Granting this exception to City code would effectively turn the end of Arches Drive into the nightly rental district. b. City Code 17.09.531(9) B.2. The requirement that all B&Bs must have one off-street parking space per rental bedroom is insufficient because of the proposed location at the end of a dead-end street in a cul-de-sac. The City Council should note that Moab is marketed as an "adventure" designation. You need only to look at www.discovermoab.com to 1 AGENDA Page 60 of 176 conclude that the profile of the "typical" B&B lodger (age 55-65) does not correspond to the active hiker, climber, runner, or biker who journeys to Moab, unless traveling with off -road vehicles that are often trailered in. The B&B proposal includes five lodging units. The B&B application originally proposed 5 parking spaces, which was increased to 7 spaces by a revised application. Each parking space would have dimensions of 20 feet by 9 feet and would, therefore, be able to accommodate one vehicle, but no trailers. According to the B&B plans, trailers, all -terrain vehicles (ATVs), utility - terrain vehicles (UTVs), or trailered jeeps would be parked in a corridor adjacent to the western property boundary with space sufficient for only 2 trailers. It is clear that the cul-de-sac would be used as a turn -around area, at a minimum, and would be used for trailer or vehicle parking if needed. Use of the cul-de-sac as a turn -around area and possibly a parking area would directly interfere with our ability to park our vehicles along the perimeter of the cul-de-sac along our property boundary. An inability to park our own or our guest's vehicles along our property boundary is not a "minimal" impact. 2. City Code 17.09.531(9) B.1. The B&B will unduly increase local traffic in the immediate neighborhood. The B&B would be constructed at the cul-de-sac at the end of Arches Drive. All B&B traffic for the five distinct accommodations would travel the entire length of this street. According to Federal Highway Administration data (http://nhts.ornl.gov/2009/pub/stt.pdf), the average driver in a household generates five vehicle round trips per day. Assuming each household has two licensed drivers and two vehicles, the residents of Arches Drive currently generate approximately 130 round trips per day (13x2x5=130). Assuming two persons in each B&B room, each with a vehicle, five rooms could generate an additional 50 roundtrips per day, or an increase of 38% roundtrips per day from short-term lodgers alone, all along the entire length of Arches Drive. Additional traffic would be generated by persons who service the B&B and by deliveries. Traffic that would result from short-term lodging would occur at all hours of the day and night, unlike the current daycare traffic which typically occurs during morning and evening hours (not randomly all day) and no weekend traffic. The timing of traffic generated by persons lodging at the B&B cannot be anticipated and would occur at all hours and throughout the weekend. The amount of increased increase traffic that would occur at any time, day or night, on a dead-end street cannot be considered anything else but an undue increase in local traffic. The City Council should not consider traffic generated by the daycare currently operating at 95 Arches as "normal" traffic. Traffic generated by the daycare, the approval of which was granted without a public hearing, has had a large and undue impact on the neighborhood, and should not be considered a benchmark. During the day, when daycare drop-offs and pickups do not typically occur, Arches Drive is quiet. At other times, we have had approach the daycare users to caution them to slow down because they drive at high speeds to/from work. Vehicles exceeding the speed limit present a danger to residents along Arches Drive when we enter/exit our driveway, when performing yard work, or when parking on the street. We currently live at 105 Arches Drive approximately 8 months of the year. We made the decision to work away from our home during the summer because of the increased traffic and noise resulting from the operation of the daycare operation next to our home during the months when school is not in session. The undue increase in speeding traffic that would result from B&B lodgers, who do not live in Moab and would not have a vested interest in 2 AGENDA Page 61 of 176 maintaining good relations with residents, would result in increased danger to residents of Arches Drive and 200 South. Our retired neighbors at 111 Arches Drive (6 years at that address; 3 houses away from the proposed B&B), who were already disturbed by the traffic from the daycare operation, decided to leave Arches Drive and have purchased a home elsewhere in Moab area but outside of the city as soon as they were provided notice of the proposed B&B. Documentation of their decision was received in writing by the planning commission but was ignored, as were the 11 comments letters it received opposing the B&B. 3. City Code 17.74.080. Operation of an ATV or OHV on Arches Drive would violate this city ordinance, which limits noise to 65 dBA where measured at a distance of at least twenty-five feet from the source of a device upon public property or within the public right-of-way or twenty-five feet from the property line if upon private property. Arches Drive is often mistaken as an access to Sand Flats. There is no reason to expect that B&B lodgers would not drive their off -road vehicles from the proposed B&B to Sand Flats. According to the city code, a measurement of 65 decibels is considered to be excessive and unusually loud. A noise level of 65dBA lies approximately halfway between the noise of a normal conversation between two people separated by 3 feet and the noise of a vacuum cleaner at 3 feet. According to a noise study conducted for the State of California (http: //ohv.parks. ca. gov/pages/ 1140/files/ca%20ohv%20noise%20report%20wr%2004-31-06.pdf), the average noise level generated by an ATV at 50 feet ranges from 75 to 80 dBA. Therefore, operation of a typical ATV or UTV on Arches Drive would clearly violate this city ordinance. The City Council should note that we do not object to occasional use of licensed ATVs or UTVs or motorcycles by our neighbors; however, routine use of licensed ATVs or UTVs by occupants of a B&B driving the entire length of Arches Drive and through neighborhood streets is totally unacceptable. Noise of that level is a nuisance that would result in much more than "minimal" impacts to residents of Arches Drive in addition to violating the city code. In conclusion, we strongly urge the City Council to overturn the planning commission's approval of the conditional use permit for the B&B at 100 Arches Drive and deny the application. Although conditional use permits have been issued in other residential areas in the City of Moab, Arches Drive already has access and traffic problems because it is a dead-end street. The privacy and peacefulness afforded by dead-end street that attracted us to buy a home on this street in the first place was definitely compromised with the operation of the daycare, which began operation shortly after we bought our house without our knowledge. We would not have bought 105 Arches Drive if we had known that a day care would be operating in the adjacent house. We are concerned that selling our house would be made even more difficult by the operation of the B&B. A well-known Moab realtor stated at the 2nd planning commission meeting that property values along Arches Drive would decrease if the B&B is approved because many persons do not want to live in proximity to a commercial establishment that would result in unduly increased traffic and noise. Although the B&B applicant said that he and his wife would rely on the B&B as their source of income, surveys of B&B operators revealed a national trend that 55% of owners surveyed depend on additional outside income, particularly if the B&B is a small scale business, such as one being proposed. At the September 25 planning commission hearing, the applicant stated that he could operate a daycare facility 3 AGENDA Page 62 of 176 for eight children or less without receiving approval from the City of Moab. The applicant's comment suggests that a reduced scale daycare facility could operate with the B&B, if approved. Regardless of the veracity of the claim, we think that the impacts of a B&B to us and the neighborhood in general would be far worse than the current day care operation and would totally destroy the attractive qualities the unique location of Arches Drive held for us. A B&B at 100 Arches Drive would not and could not be compatible with adjacent existing uses, would result in disproportionate adverse impacts to our quality of life that cannot be mitigated for the reasons previously described, and, therefore, would violate the conditions of the Moab City Code. As residents of the City of Moab who had hoped to enjoy retirement here, we appeal to the City Council to reject the conditional use permit for the B&B at Arches Drive and retain this neighborhood as one suitable for peaceful living, rather sacrifice it as another commercial zone that would benefit no one except the applicant. Sincerely, Scott and Bonnie Carson 105 Arches Drive Moab, Utah 84532 4 AGENDA Page 63 of 176 10/16/2014 B&B in Walker neighborhood - Google Groups Google Groups B&B in Walker neighborhood Cheryl Decker <decker.cheryl@gmail.com> Posted in group: City Council Dear Moab City Council, Oct 14, 2014 3:34 PM I am very opposed to a Bed and Breakfast operating at the end of a quiet dead end street in the Walker neighborhood. While I am aware that B&Bs are permitted in the R2 zone, I do not think that the impacts of tourist vehicular traffic --vs. daycare traffic-- have been fully considered. My main concerns: A) Increased hours of traffic: Traffic to and from the facility will not be restricted to business hours as it is with a day care center. B) Increased noise: UTV/ATV recreational traffic will likely increase thereby increasing noise pollution- -during business and all other hours --in an otherwise very quiet neighborhood. C) Safety: People on vacation do not pay as much attention to children and pets in the streets as local residents, especially those that patronize a day care center. I recognize that this is an observation and not hard data, but currently the few times I see ATV/UTVs on Walker St, the drivers are generally sightseeing and not paying attention to speed limits nor children and dogs. Please keep these concerns in mind when discussing the permit approval. Thank you, Cheryl Decker 220 Walker st AGENDA Page 64 of 176 h Lps.uyiuups.yuuyie.Gom/a/moabcity.org/forum/print/msg/city-council/OadTgl3Ovg0/BJgMQa2RvwcJ 1/1 September 16, 2014 Moab Planning Commission Moab City Planning Department Hi Jeff, I was not prepared to make comments at the last Planning Commission meeting regarding the Bed and Breakfast application by Mr. Jeramey McElhaney and his wife, Mary. I owned a Bed and Breakfast for several years in Castle Valley. As a Realtor with Arches Realty, I have participated in several transactions with other bed and breakfast facilities both in the County and in the city limits. I am presenting my comments as a private citizen and not at the request of any parties who attended the previous meeting, including the McElhaneys'. My comments on the various speakers are as follows: 1. Drainage. I know the area. I agree that the presented concerns about drainage need to be worked out. I saw that Jeramey and the speaker are working on a solution together. This is the #1 issue, I think. 2. Parking. I know that parking of vehicles with trailers carrying their 'toys' can be a problem, and I think Jeramey should restrict the amount and/or size stored on site. I would recommend that an off -site location be identified over a certain size or number of trailers. 3. Day Care. This is a non -issue. Mary cannot operate both activities. 4. Noise and/or activities. My experience has shown this is also a non -issue. The visitors are tired and want to relax. If there is a wedding or reception, my experience is that the music and laughter is not a negative impact on the neighborhood. And always a 10PM cutoff time! 5. Property Value. I totally disagree with the speaker who tried to make the point that values could drop in a neighborhood with a B&B. Every, I mean every, B&B I have been in a transaction with, was the cornerstone or anchor for the neighbors. It set the tone and always was good as or better than the neighbors. They always increased the value.of surrounding property. I cannot think of a single exception out of over seven transactions. 6. Traffic. This is a non -issue. Traffic should actually drop as pointed out during the exchange. I would be happy to address specific questions or concerns, if staff would like to contact me. Page 65 of 176 " GmI bycoogie Sommar Johnson <sommar@moabcity.org> Arches Drive Bed and Breakfast 1 message bill stevens <wpstevens@hotmail.com> Mon, Sep 22, 2014 at 7:12 PM To: "sommar@moabcity.org" <sommar@moabcity.org> We live at 151 Arches Drive, down the block from the proposed Bed and Breakfast. Although the proposal is not in our viewshed, we do have concerns about bending the zoning for overnight accommodations. Arches Drive is a cul-de-sac. This means that the traffic brought in by any business is really doubled, because ingress and egress is the same. There is already increased traffic because of the day care center. (I know that day care centers perform a necessary function. I question whether they have to be on a residential street.) At any rate, a B and B would increase the traffic on Arches Drive considerably. If there are five rental quarters, each could have multiple vehicles associated with it. These vehicles' owners are on vacation, so they will be running up and down the street at all hours, as their owners go jeeping, go out to eat, come back late, etc. Right now, we have increased traffic for a short period of time in the morning and right after work ends. With two businesses on this very short street, we will have lots more traffic. -- and all the time. We know people who live near rental units, such as the golf course condos. Not only is there increased traffic, but people work on their vehicles at all hours. They also light up the street while they do so; in addition, their loud parties can be heard in the Solano Vallejo neighborhood. While the proposal might not be in our viewshed -- or even within earshot, it would change the character of this quiet residential street. It wouldn't be quiet anymore. In short, we would like to see the City stand by its zoning regulations. We built our house here assuming that it was a residential, not a commercial, street. Thank you, Katie and Bill Stevens 151 Arches Drive Moab Page 66 of 176 September 24, 2014 Sommar Johnson Zoning Coordinator City of Moab 217 E. Center St. Moab, Utah 84532 Additional comments from the owners/residents at 105 Arches Dr. for the continuation of the Public Hearing regarding the proposed Conditional Use Permit (CUP) for a Bed & Breakfast at 100 Arches Dr. (R-2 zone): 1. As per Condition of Approval No. 1 on page 4 of the City's CUP application, the B&B proposal clearly is not compatible with the adjacent existing uses, that of a fairly quiet east Moab neighborhood dead-end street consisting for the most part of owner -occupied single family homes and two duplexes under long-term rental. Negative impacts from traffic, noise, stormwater drainage, are NOT clearly minimized by this application as per Section 9(A)(1). Recent transportation studies indicate the average American household generates an average of 5 round trips per day (Apple Valley). With the Applicant's household plus five B&B bedrooms there could be as many as 30 round trips per day generated from 100 Arches Dr. These added to the 30-40 trips per day from the existing daycare located at 95 Arches Dr. could result in excess of 60-70 round trips per day on the cul-de-sac. These numbers do not include any trips made by the Jeeps, ATVs, UTVs, or motorcycles which would be hauled in on trailers. A traffic increase of this magnitude could not be construed as "clearly minimized". 2. A key point to consider is that the property at 100 Arches Dr. has a very narrow (<49 feet) opening to the street. This would very likely result in major parking difficulties, especially for vehicles pulling trailers. As a result, the parking spaces in front of our house and those of our neighbors would likely be used such that several residences on Arches Dr. could lose the ability to park even a single vehicle in front of our own homes. 3. Noise: People staying at the B&B would likely to be on vacation and as a result, would be coming and going on all sorts of different schedules. With all five bedrooms in use, traffic and noise would be much higher than it is now and a major downgrade to the desirability of this street for residential living. 4. The increased amounts of additional traffic and noise that would be generated by the proposed B&B cannot be mitigated and would be in clear violation of CUP Application Section 9(B)(1). A 4 to 5 bedroom house along with a 5 bedroom B&B is a small hotel complex which is incompatible with and expressly prohibited by City Code in R-2 zoning. 5. To clarify the Applicant's statement during the hearing on 9/11/14 about informing adjacent neighbors of his plans, receipt of the Notice of Hearing from the City of Moab Zoning Administrator was the first time we learned of the B&B proposal on 100 Arches Dr. 6. At the conclusion of the hearing on 9/11/14, Planning Commission Chairperson Kelly Thornton instructed all parties present to "start talking to your neighbors". Jeramey McElhaney refused Page 67 of 176 to talk with me outside the Moab City Building after the meeting. No information regarding the proposed B&B has EVER been communicated to us by the Applicants. 7. Again, as discussed in the meeting 9/11/14, it is unclear what the plan is for the current daycare (Bright Days) business at 95 Arches Dr. While State regulations prohibit a daycare from operating at the same address as the B&B, what prevents the daycare from continuing to operate separately? We do not want to live adjacent to and across the street from both a B&B and a daycare center. 8. Finally, we again urge the Moab Planning Commission to uphold the City's R-2 zoning regulation 17.71.030 and deny the Conditional Use Permit for the Bed & Breakfast at 100 Arches Dr. Scott and Bonnie Carson 105 Arches Dr. Moab UT 84532 Apple Valley reference: http://www.ci.apple-valley.mn.us/DocumentCenter/Home/View/717 Page 68 of 176 September 8, 2011 To: City of Moab From: Tom Lacy 48 North 400 East Moab, UT 84532 Re: Request for input on changing Bed and Breakfast rules Thank you for the opportunity to address you regarding the recent proposal by some in the community to change the existing rules regarding Bed and Breakfast establishments in residential areas of Moab. From the article in the August 25 Times Independent it appears that those who wish to end citizens' existing rights to have such a business are somehow trying to associate such a termination of rights to the creation of affordable housing. I have managed residential rental real estate in three resort areas of Colorado -including two employee housing properties with over one hundred residents in each. I also served on the Summit County (CO) Affordable Housing Advisory Committee appointed by its Housing Authority Board. The only mechanism by which I have seen privately -owned housing in resort areas remain affordable is through the use of deed restrictions that limit the owners' ability to raise rents. The private owners who agree to such restrictions do so only in return for governmental concession(s) such as increased density, reduced purchase price for the property, favorable financing, rent subsidies or other incentives. Publicly -owned housing, such as the sixty units now under construction near the bowling alley, is another means by which housing may stay affordable for the long term. In my experience, those who choose to stay at a Bed and Breakfast establishment are people interested in an experience that can be provided only by local residents, not a national chain or large motel, the type of which Moab already has a large number. Further, they typically are not the "hard -partying" individuals who cause disturbances, especially in the late -night hours. I urge you to confirm this with the Moab City Police Department. Bed and Breakfasts -as defined and restricted by Moab's zoning rules -allow local residents a chance to run a small business and help our community through increased spending for local goods and services along with growing public revenues such as license fees , room taxes and property taxes. Small businesses are the backbone of our economy. Removing the chance to operate a small business such as a Bed and Breakfast will do nothing to create affordable housing; it would just take away yet another opportunity for the "little guy" to survive in Moab and contribute to its economy. Thank you again for this opportunity to address you. Sincerely, om acy 2 836 Q 0 Z W Q Page 69 of 176 September 25, 2014 To: City of Moab Planning Commission From: Tom Lacy 48 North 400 East Moab, UT 84532 Re: Bed and Breakfast application for 100 Arches Drive Thank you for the opportunity to address you regarding the application referenced above. Attached is a letter written over three years ago in connection with Bed and Breakfast operations in Moab. This is to express my support for approval of the application for reasons in that letter as long as the day care operation (and consequently the traffic related to it) ceases and all requirements normally required for drainage from the property at 100 Arches Drive are met. Thank you again, Tom Lacy i Page 70 of 176 Date: October 7, 2014 To: Moab City Council Members Kyle Bailey, Heila Ershadi, Doug McElhaney, Kristin Peterson, Gregg Stucki Re: Public Comment on Application for a Conditional Use Permit for a Bed and Breakfast at 100 Arches Drive: My wife Bonnie and I have lived at 105 Arches Drive since 2008. We live immediately adjacent to the applicant's daycare facility at 95 Arches Drive and would be one house removed from the proposed bed and breakfast (B&B) at 100 Arches Drive. Our property line would share the cul-de-sac at the end of Arches Drive with the B&B and two other residences. A 5-unit B&B facility is a small hotel complex that is expressly prohibited by City Code 17.09.700. which prohibits residential short-term rentals in R-2 zones. We recognize that a conditional use permit could be approved if the applicant demonstrates compliance with certain specific conditions. We strongly oppose the approval of a bed and breakfast at 100 Arches Drive because issuance of a conditional use permit would violate the following sections of the Moab City Code; therefore, the proposed B&B could not possibly be in compliance: 1. City Code 17.09.531(9) A.1. The applicant cannot show evidence that impacts from the B&B to adjacent residential properties and neighborhoods would be minimal. a. Arches Drive contains 1 lresidential structures, 2 of which are duplexes. Prior to the first meeting of the planning commission where the proposed B&B was discussed (September 11, 2014), the commission received oral statements from residents of four residents of Arches Drive and 11 letters from residents of Arches Drive and the 200 South, all of whom would be directly affected by the B&B and are opposed to granting a conditional use permit for the B&B because of the amount and timing of the traffic that would result; limited access on a dead-end street; increased noise from high -density short-term lodgers; and, possibly, all-night lighting. All of these impacts would be inappropriate for the quiet neighborhood and inconsistent with current residential use. Four commenters spoke and objected to the B&B at the second meeting of the planning commission (September 25, 2014). All commenters provided rationale for their objections. The amount of opposition and concern shown by the Moab residents who would be directly impacted by the operation of the proposed B&B shows that the impacts of the proposed B&B would be adverse and would NOT be "minimal," as required by City Code. Because of the planning commission's decision to arbitrarily dismiss the comments submitted by the residents of Arches Drive and 200 South, we are appealing to the City Council to recognize that the residents of the neighborhood are citizens of the City of Moab who have the right to expect their City Council to uphold current zoning regulations. We extremely opposed to the approval of this B&B conditional use permit precisely because the impacts would not be minimal. Granting this exception to City code would effectively turn the end of Arches Drive into the nightly rental district. b. City Code 17.09.531(9) B.2. The requirement that all B&Bs must have one off-street parking space per rental bedroom is insufficient because of the proposed location at the end of a dead-end street in a cul-de-sac. The City Council should note that Moab is marketed as an "adventure" designation. You need only to look at www.discovermoab.com to 1 Page 71 of 176 conclude that the profile of the "typical" B&B lodger (age 55-65) does not correspond to the active hiker, climber, runner, or biker who journeys to Moab, unless traveling with off -road vehicles that are often trailered in. The B&B proposal includes five lodging units. The B&B application originally proposed 5 parking spaces, which was increased to 7 spaces by a revised application. Each parking space would have dimensions of 20 feet by 9 feet and would, therefore, be able to accommodate one vehicle, but no trailers. According to the B&B plans, trailers, all -terrain vehicles (ATVs), utility - terrain vehicles (UTVs), or trailered jeeps would be parked in a corridor adjacent to the western property boundary with space sufficient for only 2 trailers. It is clear that the cul-de-sac would be used as a turn -around area, at a minimum, and would be used for trailer or vehicle parking if needed. Use of the cul-de-sac as a turn -around area and possibly a parking area would directly interfere with our ability to park our vehicles along the perimeter of the cul-de-sac along our property boundary. An inability to park our own or our guest's vehicles along our property boundary is not a "minimal" impact. 2. City Code 17.09.531(9) B.1. The B&B will unduly increase local traffic in the immediate neighborhood. The B&B would be constructed at the cul-de-sac at the end of Arches Drive. All B&B traffic for the five distinct accommodations would travel the entire length of this street. According to Federal Highway Administration data (http:;: nhts.ornl.gov.,2009ipubistt.pdf), the average driver in a household generates five vehicle round trips per day. Assuming each household has two licensed drivers and two vehicles, the residents of Arches Drive currently generate approximately 130 round trips per day (13x2x5=130). Assuming two persons in each B&B room, each with a vehicle, five rooms could generate an additional 50 roundtrips per day, or an increase of 38% roundtrips per day from short-term lodgers alone, all along the entire length of Arches Drive. Additional traffic would be generated by persons who service the B&B and by deliveries. Traffic that would result from short-term lodging would occur at all hours of the day and night, unlike the current daycare traffic which typically occurs during morning and evening hours (not randomly all day) and no weekend traffic. The timing of traffic generated by persons lodging at the B&B cannot be anticipated and would occur at all hours and throughout the weekend. The amount of increased increase traffic that would occur at any time, day or night, on a dead-end street cannot be considered anything else but an undue increase in local traffic. The City Council should not consider traffic generated by the daycare currently operating at 95 Arches as "normal" traffic. Traffic generated by the daycare, the approval of which was granted without a public hearing, has had a large and undue impact on the neighborhood, and should not be considered a benchmark. During the day, when daycare drop-offs and pickups do not typically occur, Arches Drive is quiet. At other times, we have had approach the daycare users to caution them to slow down because they drive at high speeds to/from work. Vehicles exceeding the speed limit present a danger to residents along Arches Drive when we enter exit our driveway, when performing yard work, or when parking on the street. We currently live at 105 Arches Drive approximately 8 months of the year. We made the decision to work away from our home during the summer because of the increased traffic and noise resulting from the operation of the daycare operation next to our home during the months when school is not in session. The undue increase in speeding traffic that would result from B&B lodgers, who do not live in Moab and would not have a vested interest in 2 Page 72 of 176 maintaining good relations with residents, would result in increased danger to residents of Arches Drive and 200 South. Our retired neighbors at 111 Arches Drive (6 years at that address; 3 houses away from the proposed B&B), who were already disturbed by the traffic from the daycare operation, decided to leave Arches Drive and have purchased a home elsewhere in Moab area but outside of the city as soon as they were provided notice of the proposed B&B. Documentation of their decision was received in writing by the planning commission but was ignored, as were the 11 comments letters it received opposing the B&B. 3. City Code 17.74.080. Operation of an ATV or OHV on Arches Drive would violate this city ordinance, which limits noise to 65 dBA where measured at a distance of at least twenty-five feet from the source of a device upon public property or within the public right-of-way or twenty-five feet from the property line if upon private property. Arches Drive is often mistaken as an access to Sand Flats. There is no reason to expect that B&B lodgers would not drive their off -road vehicles from the proposed B&B to Sand Flats. According to the city code, a measurement of 65 decibels is considered to be excessive and unusually loud. A noise level of 65dBA lies approximately halfway between the noise of a normal conversation between two people separated by 3 feet and the noise of a vacuum cleaner at 3 feet. According to a noise study conducted for the State of California (http::: ohv.parks.ca.govlpages11140.i fileslca%20ohv° 020noise%20report° 020wr° 02004-31-06pdt), the average noise level generated by an ATV at 50 feet ranges from 75 to 80 dBA. Therefore, operation of a typical ATV or UTV on Arches Drive would clearly violate this city ordinance. The City Council should note that we do not object to occasional use of licensed ATVs or UTVs or motorcycles by our neighbors; however, routine use of licensed ATVs or UTVs by occupants of a B&B driving the entire length of Arches Drive and through neighborhood streets is totally unacceptable. Noise of that level is a nuisance that would result in much more than "minimal" impacts to residents of Arches Drive in addition to violating the city code. In conclusion, we strongly urge the City Council to overturn the planning commission's approval of the conditional use permit for the B&B at 100 Arches Drive and deny the application. Although conditional use permits have been issued in other residential areas in the City of Moab, Arches Drive already has access and traffic problems because it is a dead-end street. The privacy and peacefulness afforded by dead-end street that attracted us to buy a home on this street in the first place was definitely compromised with the operation of the daycare, which began operation shortly after we bought our house without our knowledge. We would not have bought 105 Arches Drive if we had known that a day care would be operating in the adjacent house. We are concerned that selling our house would be made even more difficult by the operation of the B&B. A well-known Moab realtor stated at the 2°d planning commission meeting that property values along Arches Drive would decrease if the B&B is approved because many persons do not want to live in proximity to a commercial establishment that would result in unduly increased traffic and noise. Although the B&B applicant said that he and his wife would rely on the B&B as their source of income, surveys of B&B operators revealed a national trend that 5513/0 of owners surveyed depend on additional outside income, particularly if the B&B is a small scale business, such as one being proposed. At the September 25 planning commission hearing, the applicant stated that he could operate a daycare facility 3 Page 73 of 176 for eight children or less without receiving approval from the City of Moab. The applicant's comment suggests that a reduced scale daycare facility could operate with the B&B, if approved. Regardless of the veracity of the claim, we think that the impacts of a B&B to us and the neighborhood in general would be far worse than the current day care operation and would totally destroy the attractive qualities the unique location of Arches Drive held for us. A B&B at 100 Arches Drive would not and could not be compatible with adjacent existing uses, would result in disproportionate adverse impacts to our quality of life that cannot be mitigated for the reasons previously described, and, therefore, would violate the conditions of the Moab City Code. As residents of the City of Moab who had hoped to enjoy retirement here, we appeal to the City Council to reject the conditional use permit for the B&B at Arches Drive and retain this neighborhood as one suitable for peaceful living, rather sacrifice it as another commercial zone that would benefit no one except the applicant Sincerely, Scott and Bonnie Carson 105 Arches Drive Moab, Utah 84532 4 Page 74 of 176 by Bogie f-. Fwd: arches drive B&B 2 messages Sommar Johnson <sommar@moabcity.org> Jeff Reinhart <jeff@moabcity.org> Mon, Oct 6, 2014 at 11:40 AM To: Sommar Johnson <sommar@moabcity.org> Forwarded message From: Jon Kovash <jonkovash@gmail.com> Date: Mon, Oct 6, 2014 at 11:32 AM Subject: arches drive B&B To: jeff@moabcity.org To: Moab City Council, Moab Planning Department From: Jon Kovash & Nancy Kurtz, 139 Arches Drive Re: Application for a conditional use permit for a bed and breakfast at 100 Arches Drive We are among the longest standing owner/residents on Arches Drive, where we have lived continuously since 2001. The planning commission's approval of this application, despite overwhelming opposition from neighbors, violates the intention of both the R-2 zone and the conditional use permit process. This application should have been rejected at the planning department level, and we strongly urge the city council to overturn the planning commission's approval, and avoid setting a terrible precedent for allowing hotel type uses in residential areas, especially areas that already have access and traffic problems. For starters, a conditional use is supposed to be compatible with "adjacent existing uses." Town codes say if an application for a conditional use fails to meet even a single criterion it shall not be approved. This application fails to meet numerous criteria, starting with the directive that bed & breakfasts can only be allowed 'where there is clearly minimal negative impact on adjacent residential properties and neighborhoods." The code also states that a B&B use "shall not alter the residential character of residential zones." We believe this application clearly fails to meet those criteria, and that there is no possible mitigation or set of conditions to make it otherwise. The negative impacts would affect not just Arches Drive, but the entire Hillside neighborhood. Most critically, B&Bs "shall not unduly increase local traffic in the immediate neighborhood." We believe if this proposal is approved there will be substantial traffic impacts, no matter how you define "immediate neighborhood." The applicant has suggested that traffic impacts should be judged in comparison to current traffic generated by the applicant's day care operation (also being conducted with a conditional use permit). We believe the current day care traffic has already had a large and undue impact on the neighborhood, and should not be considered a benchmark. But traffic to a B&B would be even worse on numerous counts. The proposal suggests that each room could be a large suite that could easily accommodate more than two adults, and the code allows for any number of adults if the room is larger than 300 square feet. The proposal also suggests that the rooms will be marketed to visitors with ATVs. So each room could generate traffic from multiple vehicles as well as A" Q 0 Z W Q Page 75 of 176 Qualitatively, visitor traffic to a lodging destination has substantially greater impacts than local traffic to a daycare center. Lodging traffic occurs randomly, at all hours, day and night, and is likely to be augmented by additional traffic generated by employees, deliveries, etc. Out of town drivers will be attracted to an unfamiliar and heretofore quiet neighborhood that is already struggling to control vehicular traffic and maintain lower speed limits. Several blocks of 200 South will be most heavily impacted by vehicular traffic, but the Hillside side streets would also be heavily impacted, especially by ATV drivers going to and from the Sand Flats area. In conclusion, in terms of neighborhood impacts a B&B is no different than a small hotel. Traditionally, we imagine a B&B to be a cute old house transformed for lodging, with bathrooms down the hall. This is a brand- new hotel in the R2 zone, for which review as a conditional use is inappropriate. Approval will allow the applicant to make a very substantial investment, for a use that must undergo an annual review for its conditional use permit. Due to this investment, the town will be unlikely to revoke the permit in the future despite any complaints. Thus we feel the council should not only reject this application, but also reconsider whether B&Bs are compatible in residential zones under any circumstances. Sommar Johnson <sommar@moabcity.org> To: Rachel Stenta <rstenta@moabcity.org> Cc: jermandmary@frontiemet.net Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 [Quoted text hidden] Thu, Oct 9, 2014 at 8:31 AM Q o Z W a Q Page 76 of 176 124 Arches Drive Moab, Utah 84532 October 8, 2014 Moab City Council 217 East Center Street Moab, UT 84532 Re: Proposed Conditional Use Permit Bed & Breakfast at 100 Arches Drive Dear Members of the Moab City Council, I am the owner of the house at 124 Arches Drive where I have lived for the past 23 years. I love our neighborhood and have not been terribly pleased by the traffic generated by the child care center across the street from me. The problem is the amount of traffic that goes by my house in the morning and late afternoon. The saving grace is that the traffic does not continue into the evening. I have read through leramey and Mary McElhaney's proposal for a bed and breakfast and am opposed to a nightly business in our neighborhood. It is not fair to the residents of our quiet neighborhood to have to put up with increased traffic at night, the possible overflow parking of large vehicles on the street, and the addition of a commercial use at the end of the culdesac. I agree that leramey would build a nice house at the end of the street but it should be for residential use, not nightly rental. Please do not approve the Conditional Use Permit and keep Arches Drive a nice place to live. Respectfully submitted, I J Mary von Koch 435-210-0657 mgvonkoch@yahoo.com Page 77 of 176 September 5, 2014 Sommar Johnson Zoning Coordinator City of Moab 217 East Center Street Moab, Utah 84532 Comments for the public hearing for a Conditional Use Permit (CUP); proposed Bed & Breakfast at 100 Arches Dr. Moab: 1. We own the property at 105 Arches Dr., one house away from the proposed B&B, separated from the proposed B&B by adjacent to the current daycare center. Our house was built by Jeramey McElhaney but is in no way "connected" to any other houses built by him. Property values on Arches Dr. would definitely decrease if a B&B business were to be at the end of Arches Dr. which is a cul-de-sac. 2. There would be numerous negative impacts to the entire stretch of Arches Dr. from the increased amount of traffic and noise at all times of the day and night with vacationers loading and unloading supplies, parking and working on ATVs, UTVs, Jeeps, trailers, along with parking of other vehicles on the street side, depriving us and other nearby residents of a parking spot in front of their and our own house. We are quite familiar with the vacation habits of the many types of recreationists who visit Moab; this type of use in the R-2 neighborhood is incompatible with what should be a quiet residential neighborhood on the eastern boundary of Moab City. 3. We have already had to live (last 6 years) with increased traffic that routinely exceeds the speed limit and noise associated with the Applicant's current business, a full-time daycare facility at 95 Arches Dr. approved several years ago by the City as another CUP without allowing ANY public input on the daycare business. The children use the entrance to our driveway, which is steeply sloping and no line of sight to the sidewalk, and we fear that one day an accident could result in harm to a small child who does not look for cars. Since Arches Dr. is a cul-de-sac, all neighbors get double the amount of traffic all along the street; effectively doubling the negative impact of traffic. 4. The home being used for the daycare at 95 Arches Dr. has been listed "For Sale" for several years. While the Applicant's letter correctly states that the daycare cannot also operate in the same dwelling as a B&B, the City has a duty to consider the distinct possibility that the daycare would continue to operate whether or not the B&B would be approved. This would result in TWO public businesses located immediately adjacent to each other at the end of Arches Dr. The combined effects of both businesses would be completely inappropriate for R-2 zoning. 5. We came to Moab hoping to retire here but can see that Moab is not friendly to people who expect the zoning ordinances to be adhered to and an area that is supposed to be protected from the type of activity that is currently ongoing and now proposed for 1 Page 78 of 176 additional commercial development may not, in fact, have any protection at all. If we decide to move, our home, inparticular, would be less desirable and more difficult to sell because of its proximity to not only the daycare center but to a B&B. 6. Our retired neighbors on the opposite side from the daycare center, the residents at 111 Arches Dr. (6 years there; 3 houses away from the proposed B&B) decided to leave Arches Drive and purchase a home elsewhere in Moab as soon as they became aware of the proposed B&B. 7. We respectfully request an exception to the City Code Section 17.71.030 should NOT be made. The code clearly states "short -terra boarding" facilities should be prohibited in R-2 zoning and was enacted to protect property owners from non-residential activities in the R-2 residential zone. If the CUP would be approved, the City of Moab would be acting against its own regulations and rendering invalid any suggestion that the City of Moab's zoning regulations protect local property values. Sincerely, Scott & Bonnie Carson 105 Arches Dr. Moab UT 84532 Jw( 2 Page 79 of 176 0 Guest apartment defined. -1.1191r re whose original purpose was that off amultiple--fat �artrr�ent means a structure a or more family unit Pc, four --plea or other apartrnent- h i rty clays). (Ord. 91-08 (part), nay rented on a shor Existing guest apa er shall not apply to tments in the R-3 ar ordinance codified 17 7(. 030 4 zones. s of apartment houses that ha a current business license pri 1 -08 (part), 1991) �- erm es not a perr�►itted guest apartments and sMart�t � .� ai ;half �e issued for west apartments, and the future conversion of al use in an residential zone. Short-term bo�r( shall not �e a permitted u Y • residential zones.(Ord. 9'�-�08 (part), '�99� not �e a perm�tted use in res nforcement. of this chapter are classified as Class B Misdemeanors, punishably housand dollars or by imprisonment in the county lail for a Viola on are�oncc riod t f both such fine and imprisonment. Each day of eparate offense and may be prosecuted accordingly. (Ord. daN 30d Mil. goosle Re: Bed and breakfast 2 messages Sommar Johnson tsommar@moabcity.org> fredrickhaywood@yahoo.com <fredrickhaywood@yahoo.com> Thu, Sep 11, 2014 at 2:18 PM To: "sommar@moabcity.org" <sommar@moabcity.org> May God Bless You > On Sep 11, 2014, at 2:16 PM, fredrickhaywood@yahoo.com wrote: > My wife Susan Fedele is not in favor of proposal to build this establishment. It would change the dynamics of the neighborhood and that is not something she wants. I , Fredrickhaywood am noncommittal on the whole issue. > Thank you > 128 arches dr residential home owner > 259-6987 > May God Bless You Sommar Johnson <sommar@moabcity.org> Thu, Sep 11, 2014 at 3:05 PM To: Kelly Thornton <kellythornton10@gmail.com>, Laura Uhle <laura@moabutahlodging.com>, Jeanette Kopell leanettek2@gmail.com>, Wayne Hoskisson <wyh@xmission.com>, Joe Downard <moabtesting@yahoo.com> Cc: Jeff Reinhart <jeff@moabcity.org>, jermandmary@frontiernet.net This was received AFTER the deadline for written public comments. Mrs. Fedele claims to have a broken leg and stated that she cannot make it to the meeting tonight. She said her husband is out of town and he cannot attend the meeting either. Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217 E. Center St. Moab, UT 84532 435-259-5129 [Quoted text hidden] Page 81 of 176 " Gm bycooglc Sommar Johnson <sommar@moabcity.org> another public comment re: proposed Bed & Breakfast at 100 Arches Dr. 1 message Scott Carson <scott@smilinglake.com> Mon, Sep 8, 2014 at 7:18 AM To: Sommar Johnson <sommar@moabcity.org> Sommar: Please add this email from Mark and Pem Fowler, current residents at 111 Arches Dr. who, after learning of the B&B proposal at 100 Arches Dr., decided to leave the subdivision. Thank you, Scott Carson 105 Arches From: Mark [mailto:mpfowler@frontier.com] Sent: Tuesday, September 02, 2014 2:47 PM To: Scott Carson Subject: Re: Proposed Bed & Breakfast Hearing 7pm 9/11/12 Scott, Pem and I did receive a copy of the letter. We were looking at property to buy and found the home we want, so the letter made it easier for us to make an offer on a home. We will close early October. As a result we will not be attending the meeting. With Jemamey's dad on the city council I think the B&B is a done deal. I feel that in spite of what the McElhaney's say they will keep the day care open as well. This is not the neighborhood that I want to live in. Mark Sent from my iPad On Sep 2, 2014, at 12:36 PM, "Scott Carson" <scott@smilinglake.com> wrote: Q Z w c�� Q Did anybody else along the block receive this notice? Apparently Jeramey & Mary McElhaney are planning to build a B&B on their vacant lot at the end of Arches Dr. We are hoping to be able to come back to Moab for this. Is anyone elserffi iAtlid% attend? Scott a o z W a Q <Bed & Breakfast Hearing 9-11-14.pdfy Page 83 of 176 10/16/2014 Fwd: arches drive B&B - Google Groups Google Groups Fwd: arches drive B&B me <rstenta@moabcity.org> Posted in group: City Council Here is another public comment on an upcoming agenda item: Rachel E. Stenta Moab City Recorder Asst. City Manager (435) 259-2683 Forwarded message From: Sommar Johnson <sommar@moabcity.org> Date: Thu, Oct 9, 2014 at 8:31 AM Subject: Fwd: arches drive B&B To: Rachel Stenta <rstenta@moabcity.org> Cc: jermandmary@frontiernet.net Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 Forwarded message From: Jeff Reinhart <jeff@moabcity.org> Date: Mon, Oct 6, 2014 at 11:40 AM Subject: Fwd: arches drive B&B To: Sommar Johnson <sommar@moabcity.org> Forwarded message From: Jon Kovash <jonkovash@gmail.com> Date: Mon, Oct 6, 2014 at 11:32 AM Subject: arches drive B&B To: jeff@moabcity.org To: Moab City Council, Moab Planning Department From: Jon Kovash & Nancy Kurtz, 139 Arches Drive Oct 9, 2014 7:52 AM Re: Application for a conditional use permit for a bed and breakfast at 100 Arches Drive AGENDA Page 84 of 176 h Lps.ug cups.ycxuyie.uom/a/moabcity.org/forum/print/msg/city-council/tBSTsrOZPmU/L6fr5hiK061J 1/3 10/16/2014 Fwd: arches drive B&B - Google Groups We are among the longest standing owner/residents on Arches Drive, where we have lived continuously since 2001. The planning commission's approval of this application, despite overwhelming opposition from neighbors, violates the intention of both the R-2 zone and the conditional use permit process. This application should have been rejected at the planning department level, and we strongly urge the city council to overturn the planning commission's approval, and avoid setting a terrible precedent for allowing hotel type uses in residential areas, especially areas that already have access and traffic problems. For starters, a conditional use is supposed to be compatible with "adjacent existing uses." Town codes say if an application for a conditional use fails to meet even a single criterion it shall not be approved. This application fails to meet numerous criteria, starting with the directive that bed & breakfasts can only be allowed "where there is clearly minimal negative impact on adjacent residential properties and neighborhoods." The code also states that a B&B use "shall not alter the residential character of residential zones." We believe this application clearly fails to meet those criteria, and that there is no possible mitigation or set of conditions to make it otherwise. The negative impacts would affect not just Arches Drive, but the entire Hillside neighborhood. Most critically, B&Bs "shall not unduly increase local traffic in the immediate neighborhood." We believe if this proposal is approved there will be substantial traffic impacts, no matter how you define "immediate neighborhood." The applicant has suggested that traffic impacts should be judged in comparison to current traffic generated by the applicant's day care operation (also being conducted with a conditional use permit). We believe the current day care traffic has already had a large and undue impact on the neighborhood, and should not be considered a benchmark. But traffic to a B&B would be even worse on numerous counts. The proposal suggests that each room could be a large suite that could easily accommodate more than two adults, and the code allows for any number of adults if the room is larger than 300 square feet. The proposal also suggests that the rooms will be marketed to visitors with ATVs. So each room could generate traffic from multiple vehicles as well as ATVs. Qualitatively, visitor traffic to a lodging destination has substantially greater impacts than local traffic to a daycare center. Lodging traffic occurs randomly, at all hours, day and night, and is likely to be augmented by additional traffic generated by employees, deliveries, etc. Out of town drivers will be attracted to an unfamiliar and heretofore quiet neighborhood that is already struggling to control vehicular traffic and maintain lower speed limits. Several blocks of 200 South will be most heavily impacted by vehicular traffic, but the Hillside side streets would also be heavily impacted, especially by ATV drivers going to and from the Sand Flats area. In conclusion, in terms of neighborhood impacts a B&B is no different than a small hotel. Traditionally, we imagine a B&B to be a cute old house transformed for lodging, with bathrooms down the hall. This is a brand-new hotel in the R2 zone, for which review as a conditional use is inappropriate. Approval will allow the applicant to make a very substantial investment, for a use that must undergo an annual review for its conditional use permit. Due to this investment, the town will be unlikely to revoke the permit in the future despite any complaints. Thus we feel the council should not only reject this application, but also reconsider whether B&Bs are compatible in residential zones under any circumstances. AGENDA Page 85 of 176 h Lps.ug cups.ycxuyie.Gom/a/moabcity.org/forum/print/msg/city-council/tBSTsrOZ Pm U/L6fr5hi K061J 2/3 10/16/2014 Fwd: arches drive B&B - Google Groups AGENDA Page 86 of 176 h Lps.uyioups.ycxuyie.uom/a/moabcity.org/forum/print/msg/city-council/tBSTsrOZPmU/L6fr5hiKO61J 3/3 10/16/2014 Fwd: B&B Comments on Hillside - Google Groups Google Groups Fwd: B&B Comments on Hillside Donna Metzler <donna@moabcity.org> Oct 13, 2014 1:06 PM Posted in group: City Council Donna Metzler Moab City Manager 217 East Center Street Moab, Utah 85432 435 259 5121 donna@moabcity.org Forwarded message From: William Love <sombra@frontiernet.net> Date: Tue, Oct 7, 2014 at 9:47 AM Subject: B&B Comments on Hillside To: Donna Metzler <donna@moabcity.org> Please Distribute to Council These pictures were taken in the first week of October 2014. Coyote Run on East Bench Road has no parking for 40 foot trailers that transport three or four jeeps. The trailers use the driveways of neighboring houses to turn around and damage landscaping and curbs. Each unit in Coyote run has parking for 4 cars, but the two parking spaces are in a garage that is full of ATV toys. Does this apply to the new B&B on Hillside? Note the child in the middle of the traffic lane. He has no place to run. Bill Love 2871 E Bench Rd Moab, Utah AGENDA Page 87 of 176 h Lps.uyiuups.ycxuyie.uom/a/moabcity.org/forum/print/msg/city-council/bwmX5ZccK9k/Pm7xZ-JancgJ 1/2 10/16/2014 Fwd: B&B Comments on Hillside - Google Groups AGENDA Page 88 of 176 h Lps.uyiuups.ycxuyie.Gom/a/moabcity.org/forum/print/msg/city-council/bwmX5ZccK9k/Pm7xZ-JancgJ 2/2 10/16/2014 Fwd: Comment Letter for 100 Arches Drive B&B - Google Groups Google Groups Fwd: Comment Letter for 100 Arches Drive B&B me <rstenta@moabcity.org> Oct 9, 2014 7:52 AM Posted in group: City Council And another letter regarding the upcoming agenda item. Rachel E. Stenta Moab City Recorder Asst. City Manager (435) 259-2683 Forwarded message From: Sommar Johnson <sommar@moabcity.org> Date: Thu, Oct 9, 2014 at 8:29 AM Subject: Fwd: Comment Letter for 100 Arches Drive B&B To: Rachel Stenta <rstenta@moabcity.org> Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 Forwarded message From: Mary von Koch <mgvonkoch@yahoo.com> Date: Wed, Oct 8, 2014 at 12:43 PM Subject: Comment Letter for 100 Arches Drive B&B To: "sommar@moabcity.org" <sommar@moabcity.org> Please forward my attached letter to the members of the City Council. Thank you very much. Mary von Koch mgvonkoch@yahoo.com AGENDA Page 89 of 176 h Los.iigruups.guugie.uom/a/moabcity.org/forum/print/msg/city-council/n08a8pmJf6o/hhgbH3rzdXgJ 1/1 10/16/2014 Fwd: Comment Letter to Moab City Council for B&B at 100 Arches Dr. - Google Groups Google Groups Fwd: Comment Letter to Moab City Council for B&B at 100 Arches Dr. me <rstenta@moabcity.org> Oct 8, 2014 7:47 AM Posted in group: City Council A public comment was received by the Planning Department directed to the City Council regarding a future agenda item. I am forwarding the comment. Rachel E. Stenta Moab City Recorder Asst. City Manager (435) 259-2683 Forwarded message From: Sommar Johnson <sommar@moabcity.org> Date: Wed, Oct 8, 2014 at 8:20 AM Subject: Fwd: Comment Letter to Moab City Council for B&B at 100 Arches Dr. To: Rachel Stenta <rstenta@moabcity.org> Cc: Jeff Reinhart <jeff@moabcity.org>, jermandmary@frontiernet.net Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 Forwarded message From: Scott Carson <scott@smilinglake.com> Date: Tue, Oct 7, 2014 at 3:16 PM Subject: Comment Letter to Moab City Council for B&B at 100 Arches Dr. To: Sommar Johnson <sommar@moabcity.org> Sommar: Will you forward this to all the members of the City Council? Thanks, Scott AGENDA Page 90 of 176 h Lps.119oups.yuuyie.Lom/a/moabcity.org/forum/print/msg/city-council/uDSS1EPUl-E/DKt_opTG9rYJ 1/1 10/16/2014 Fwd: Opposition to B & B 100 Arches Dr - Google Groups Google Groups Fwd: Opposition to B & B 100 Arches Dr me <rstenta@moabcity.org> Oct 14, 2014 11:00 AM Posted in group: City Council another public comment on tonight's agenda item. Rachel E. Stenta Moab City Recorder Asst. City Manager (435) 259-2683 Forwarded message From: Sommar Johnson <sommar@moabcity.org> Date: Tue, Oct 14, 2014 at 11:19 AM Subject: Fwd: Opposition to B & B 100 Arches Dr To: Rachel Stenta <rstenta@moabcity.org> Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 Forwarded message From: Moabkiley <moabkiley@gmail.com> Date: Tue, Oct 14, 2014 at 9:59 AM Subject: Opposition to B & B 100 Arches Dr To: "sommar@moabcity.org" <sommar@moabcity.org> Sommar- Please pass on my comment to the city council, Mayor Dave and planning/zoning. Allowing a B & B on Arches is a very disrespectful bad idea. The 8 points as I call them Walker, Tusher, Locust, 200, Sundial, Rosetree, Hillside, Arches will all be negatively impacted by this B & B. Increasing traffic through these quiet neighborhoods. I'm saddened that Jeremy McElhaney proposed this and continues forward with it, totally disregarding a majority of his neighbors who are opposed to it, some of whom are so distraught about the proposal that if it's approved may sell their homes. We are a tourist town but we need to be protecting our neighborhoods from these kinds of businesses & preserving some quiet normalcy for the citizens who actually live here. I own a home on Rosetree Lane and see the effects from nightly rentals with increased traffic. I've seen the negative effects in other neighborhoods as well from nightly rentals Pack Creek Ranch, Coyote Run, Dan Pyatts subdivision out by the arena along with other 2nd homes being turned into nightly rentals throuhout the valley. Bryon Walstons townhome development across from the old hospital will be another inappropriate nightly rental nightmare, negatively effecting so many. Citizens are feeling invaded and nxiorri in in their neighborhoods. I can see why they feel that way, the county and city need to listen to AGENDA Page 91 of 176 h Lps.uyioups.ycxuyie.Gom/a/moabcity.org/forum/print/msg/city-council/QZeXpU4iWls/DngQsSkuCHYJ 1/2 10/16/2014 Fwd: Opposition to B & B 100 Arches Dr - Google Groups it's citizenry who are speaking loudly about protecting the neighborhoods. I read Jon Kovash's letter to the city and I agree with him, these are neighborhoods and I believe they are not appropriate places for this kind of commercial business. There needs to be a public hearing on this. Doug McElhaney should recuse himself from this vote. Thanks for your time - Kiley Miller AGENDA Page 92 of 176 h Lps.ug cups.ycxuyie.Gom/a/moabcity.org/forum/print/msg/city-council/QZeXpU4iWIs/DngQsSkuCHYJ 2/2 September 16, 2014 Moab Planning Commission Moab City Planning Department Hi Jeff, I was not prepared to make comments at the last Planning Commission meeting regarding the Bed and Breakfast application by Mr. Jeramey McElhaney and his wife, Mary. I owned a Bed and Breakfast for several years in Castle Valley. As a Realtor with Arches Realty, I have participated in several transactions with other bed and breakfast facilities both in the County and in the city limits. I am presenting my comments as a private citizen and not at the request of any parties who attended the previous meeting, including the McElhaneys'. My comments on the various speakers are as follows: 1. Drainage. I know the area. I agree that the presented concerns about drainage need to be worked out. I saw that Jeramey and the speaker are working on a solution together. This is the #1 issue, I think. 2. Parking. I know that parking of vehicles with trailers carrying their 'toys' can be a problem, and I think Jeramey should restrict the amount and/or size stored on site. I would recommend that an off -site location be identified over a certain size or number of trailers. 3. Day Care. This is a non -issue. Mary cannot operate both activities. 4. Noise and/or activities. My experience has shown this is also a non -issue. The visitors are tired and want to relax. If there is a wedding or reception, my experience is that the music and laughter is not a negative impact on the neighborhood. And always a 10PM cutoff time! 5. Property Value. I totally disagree with the speaker who tried to make the point that values could drop in a neighborhood with a B&B. Every, I mean every, B&B I have been in a transaction with, was the cornerstone or anchor for the neighbors. It set the tone and always was good as or better than the neighbors. They always increased the value of surrounding property. I cannot think of a single exception out of over seven transactions. 6. Traffic. This is a non -issue. Traffic should actually drop as pointed out during the exchange. I would be happy to address specific questions or concerns, if staff would like to contact me. j'Are P /vii, AGENDA Page 93 of 176 " sm,AITmv, Aprup. v\RTTeisI 'PUBLIC C,OMMEAT Dl.l PIS. WEI.1 ''0 121-A111 i Istei COMIkAie-M0KI ,00gle AY--1 1461 r- Wg_1I4;ipI'$LIC 1t Sommar Johnson <sommar@moabcity.org> Arches Drive B&B 1 message Jon Kovash lonkovash@gmail.com> Thu, Sep 11, 2014 at 2:34 PM To: sommar@moabcity.org To: Moab City Council Moab Planning Commission Moab Planning Dept. Re: Proposed bed and breakfast on Arches Drive The city code states that the R2 zone may allow "certain other public facilities needed to promote and maintain stable residential neighborhoods, namely PUBLIC schools, libraries, parks, playgrounds, recreational buildings and churches. This language seems to intentionally exclude commercial businesses (with the explicit exception of home occupations and day-care). A bed and breakfast is a small hotel, although in this case the applicant plans a structure of "significant size," so it will be a large, small hotel, likely with rooms more akin to suites. Such an operation seems likely to generate more than one guest car per room, and hotel guests come and go frequently day and night. They could also generate a significant amount of traffic by maids, cooks, janitors, deliveries of food and supplies, and other support services. The reference by the applicant to providing off-street "trailer or secondary vehicle parking" suggests these rooms may be marketed to ATV riders, who bring in a whole new set of impacts. Any commercial activity that draws significant traffic to Arches Drive is problematic for the entire Hillside neighborhood, because you have to drive numerous blocks of quiet residential streets to get here, either on 200 South or one of the side streets like Tusher. Also, if its true that the current daycare operation on Arches is allowed 16 berths, that seems excessive in itself for the neighborhood. J vash 1 p ches Drive Z W Q Page 94 of 176 259 0734 Q o Z W a Q Page 95 of 176 Gm ji b/Coosic Sommar Johnson <sommar@moabcity.org> Public hearing today, McElhaney proposed b&b 2 messages Nancy Kurtz <nancystadive@gmail.com> To: Sommar Johnson <sommar@moabcity.org> Re: Proposed bed and breakfast at 100 Arches Drive, Moab Dear Sommar: Thu, Sep 11, 2014 at 2:56 PM I understand this is past the deadline for comment. Our neighbor stopped by late yesterday afternoon with this proposal in hand, extremely troubled. It wasn't until today that I realized that I missed the deadline. I sincerely hope these concerns can be included in the record, as I will not be able to attend the meeting for health reasons. Our current zoning, as I understand it, does not encourage commercial uses for the properties on Arches Drive as being compatible with the character of the subdivision. The proposed b&b is at the very end of the Arches cul de sac. Traffic going to and from the hotel will impact not only every single home on Arches, but the streets below us as well, including 200 South, Walker, Tusher and Hillside, all of which you travel on or pass by to get to Arches from 400 East. The proposal mentions "secondary vehicle parking" and "trailers". I wonder does this mean atv's and I do recall last summer that a single family on Tusher housing a string of atv's adversely impacted the entire neighborhool. Miraculously, we didn't have that same problem this summer, and it has made all the difference. The McElhaney b&b will be of "significant size." Personally, I do not see this as an advantage to the neighborhood. Many of the private homes on Arches, including our own, are of modest size, several owner built or owner renovated, and this is not a street of trophy homes by any stretch. This will basically be an oversized dwelling, actually a small hotel, as proposed. Five rooms may not sound like a lot but the rooms could conceivably house several people or entire families; the traffic going up and down will be substantial. A b&b of this size and character belongs either on a much larger piece of land that is isolated or shielded from others and/or on a main thoroughfare which is already impacted by vehicular traffic. Changing the zoning to allow this kind of business is not in character with either the proposed site location or the tenor of the neighborhood which is very residential, modest, quiet and private. We built our home in '03 and we love it here. Thank you. Sincerely, Nancy Kurtz 139 Arches Drive Nancy Kurtz NancyStarjive@gmail.com la 259-0734 thing gigantic in American life is about to get smaller or die." Page Uld of 176 -- James Howard Kunstler, Feb. 2013 Sommar Johnson <sommar@moabcity.org> Thu, Sep 11, 2014 at 3:13 PM To: Kelly Thomton <kellythornton10@gmail.com>, Laura Uhle <laura@moabutahlodging.com>, Jeanette Kopell leanettek2@gmail.com>, Wayne Hoskisson <wyh@xmission.com>, Joe Downard <moabtesting@yahoo.com> Cc: Jeff Reinhart <jeff@moabcity.org>, jermandmary@frontiernet.net This was received AFTER the written public comment deadline. Ms. Kurtz claims to have had hip surgery and cannot make it to the meeting tonight. Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217 E. Center St. Moab, UT 84532 435-259-5129 [Quoted text hidden] Q o Z W a Q Page 97 of 176 August 11, 2014 Mayor Dave Sakrison, Moab City Council Members Moab City Planning Commission Moab City Offices Moab, UT 84532 RE: Proposed Bed and Breakfast for Jeramey and Mary McElhaney located at 100 Arches Dr. Moab Honorable Mayor Sakrison, Honorable City Council Members, and members of the Moab City Planning Commission: This letter will show that our proposed Bed and Breakfast will meet all conditions for approval. One of the major problems we have in our fair city is ample parking. Our project will have off street parking for nearly twice as many vehicles as we will need for our Bed and Breakfast. This will insure that any trailer or secondary vehicle parking will also be able to be located off the street. Increase in traffic will not be a factor. We will actually decrease the amount of traffic on Arches Drive and connecting roads. Mary currently operates a daycare in our current home located at 95 Arches Dr. State licensing regulations do not allow a daycare to be operated in the same home as any secondary business; so of necessity the daycare will be forced to close once the Bed and Breakfast is operating. Thereby greatly reducing local traffic from up to sixteen daily drop offs and pick ups to a maximum of five daily occupants in our Bed and Breakfast. The home and Bed and Breakfast will be of significant size to actually increase the neighborhood property values. This is an economic benefit to all nearby property owners. This will be the third home Jeramey has built in the Arches subdivision, all connected, and each home and drain pattern has been constructed to minimize the amount of drainage into either the street or onto connecting property. The likelihood of a damaging flood has been greatly diminished by both previous homes built by Jeramey, and this project would reduce that likelihood even further. All construction will be in accordance to local building regulations including lighting to insure the neighborhood will still have the same feel. Please let us know if you have any questions or comments. Thank you, f amey and4-1/Frv, McElhaney Page 98 of 176 " m rz!1 bycoogIe Public Hearing - Conditional Use Permit 1 message Paul Murphy <pcmurf@gmail.com> To: jeff@moabcity.org, sommar@moabcity.org Cc: Jenna Murphy <jeneccmurf@gmail.com> Dear Mr. Reinhart, Sommar Johnson <sommar@moabcity.org> Wed, Sep 10, 2014 at 6:12 PM My wife and I have owned the home at 111 Arches Drive for eight years. For the past six years we have rented the home to Mark and Pem Fowler. The Fowlers called us on August 27 and offered to buy our home. We were looking at comparable home prices and were considering selling the home. However, we got a call from Mark Fowler on August 30 and he stated he was no longer interested in buying the home because he saw the proposal for a bed and breakfast going in on the street. He said the day care had brought a lot of traffic to the neighborhood and the proposal for the bed and breakfast was the "final straw." The following week he signed a contract for a different home. We are not sure about the impact of the bed and breakfast and cannot tell from the drawings what it will do to the view. We would oppose the bed and breakfast coming in unless other homes on the street were granted the same conditional use to rent their homes on a nightly basis. My wife and I will be leaving on a humanitarian trip on Saturday and so we will not be able to attend the hearing in person. Please add this letter to the agenda and let me know if we can join the meeting by phone. I can be reached at 801-971-7247 if you have any questions or additional information. Thank you for your time and consideration. Sincerely, Paul Murphy Page 99 of 176 MT-•I by ,cosfe Sommar Johnson <sommar@moabcity.org> (no subject) 1 message mmvcp@yahoo.com <mmvcp@yahoo.com> Wed, Sep 10, 2014 at 4:22 PM To: "sommar@moabcity.org" <sommar@moabcity.org> Planning Commission: Regarding the hearing on Mr. McElhaney's proposal to build a bed and breakfast on Arches Drive. I am against putting a business in a R-2 Zone, this area has been a dead end street where families all live. We live hear because of the covenants in zoning. Please keep our area protected from a business venture. This is a residential area and we hope it will remain so. Verl Packard 231 Hillside Dr. Sent from Windows Mail Page 100 of 176 10/16/2014 Please do not allow the application for a conditional use permit for a bed and breakfast at 100 Arches Drive - Google Groups Google Groups Please do not allow the application for a conditional use permit for a bed and breakfast at 100 Arches Drive Sasha Reed <sashacreed@gmail.com> Oct 12, 2014 10:37 AM Posted in group: City Council I am writing in concern over the potential approval of a bed and breakfast (B&B) permit for 100 Arches Drive the Hillside Drive neighborhood, and to request that the City Council honor our neighborhood's character and not allow this application to move forward. There is strong opposition from those of us living in the neighborhood and the approval seems out of line with the intention of the R-2 zone and the conditional use permit process in multiple ways. For example, the directive that B&B's are only allowed "where there is clearly minimal negative impact on adjacent residential properties and neighborhoods" and states that a B&B use "shall not alter the residential character of residential zones." I believe this application fails to meet these criteria. Further, to me it seems that building new construction for a B&B in an area that is not zoned for this use is not something to be approved using the conditional use permit process. Such as substantial investment should go through proper zoning channels. If approved, it's hard to imagine the city revoking this permit even in the face of detrimental effects to the neighborhood because the owner of the B&B will have so much invested. Please allow us to comment on this application through public comment at the City Council meeting. A central concern for our neighborhood is traffic. This is a wonderful area of Moab to live in, in large part because it is relatively quiet and maintains less of the high volume traffic found in parts of town zoned for tourism. It's great that businesses are thriving and that areas zoned for tourist uses are doing well, but we should protect our areas zoned for residential use as the zoning laws intended. I think traffic to a B&B would have a large effect on numerous counts. Traffic associated with lodging occurs at all hours of the day and night and out of town drivers will not know the most direct routes, thus they will drive around the neighborhood. Also, there are parts of the Hillside neighborhood without sidewalks and so having low traffic is a benefit to safety. For tourists using ATVs, staying in this neighborhood would mean them driving through the Hillside neighborhood to get to and from the Sand Flats recreation area and other 4 wheel drive routes. I specifically moved to the Hillside Drive area to be away from this type of activity and to live in a neighborhood where I could sit on my front porch, talk to my neighbors, and walk my dog without significant visitor influence, traffic, or ATV noise. I enjoy seeing the neighborhood kids play basketball at the street and neighbors wandering to each others' houses to talk. I feel the approval of this application would reduce my enjoyment of the neighborhood and the value of my home. I first lived in the Hillside neighborhood in 1999 and have loved the character of this neighborhood for a long time. When looking to purchase a home in 2011, my husband and I paid more than we would have in other neighborhoods so that we could live in this part of town, specifically due to its relatively low traffic and quiet. Please do not jeopardize this neighborhood's amazing character for the financial benefit of one person. It's not in line with the intention of the code, zoning laws, or the wishes of we faithful residents who love our neighborhood. I also respectfully request that City Council members related to applicants do not put at risk the legality of the process by voting on this issue, and that they recuse themselves from the vote. I care for the well-being of the applicant and can see his initial logic in wanting to create the B&B, but this is a residential neighborhood that would suffer greatly from this change. I feel confident that the applicant can find another way to make a living that does not come at the cost of our neighborhood's character. I am also extremely appreciative of the work you each of you does for our City and I hold you in the utmost respect. You are making decisions for a AGENDA Page 101 of 176 h Lps.ttgruups.guugie.uom/a/moabcity.org/forum/print/msg/city-council/vWWWBNM833k/TGCfRgOj1AgJ 1/2 10/16/2014 Please do not allow the application for a conditional use permit for a bed and breakfast at 100 Arches Drive - Google Groups town that desperately needs your wisdom. Thank you very much for your hard work and please don't hesitate to contact me with any questions. Sincerely, Sasha Reed AGENDA Page 102 of 176 h Lus.iiyruups.yuuyie.uom/a/moabcity.org/forum/print/msg/city-council/vWWWBNM833k/TGCfRgOj1AgJ 2/2 - V MAR 0 0 1 0 � L �►C ice__. .._. .. .'� 100 ARCHES DR 00.57 ACRE Al 3 0 n 3— w r LIJ; /JJ 5c. 6 '--�-�� Lr '� cr) rT d 0 � t - � a 41 � r IP lf'� r%% 0 • I Page 103 of 176 PLANNING AND ZONING COMMISSIONMEETING �eatember ii, 201—� Agenda Item #3&4: O'C1TY 01 4 MOAB PL-14-060 Title: Continuation of Public Hearing and Review and Approval of Planning Resolution #11-2014 for Approval of a Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The public hearing for this B&B application was reopened and continued to the meeting on September 25, 2014. The action item approving the resolution was tabled and will need to be taken from the table prior to any action being made. Several issues were raised by the attending citizens and Staff was directed to investigate the concerns and report back to the Commission with the results. 1. A misunderstanding about the status of a day care center and an additional business in a residence was resolved by Sarah Atherton of Utah Department of Health, Bureau of Child Development. There is no regulation that will prevent a day care business from locating in a residence that has an additional business within. If the day care business for 8-16 children was proposed in the new home, it could be approved through the conditional use permit process. The applicant has expressed that they no longer wish to have the day care business and are voluntarily terminating the use. 2. The drainage issue is complicated and the city has made an effort to organize the homeowners and an adjacent owner of undeveloped property to jointly address the issue. Apparently, some discussion has taken place between the parties, but this detail was not raised during the public hearing. Also, the city has in the past required storm water to be retained by individual property owners. This was manifested in a retaining wall that runs across the fronts of one of the lots on the northeast side of Arches Drive as shown in the attached pictures. The retaining wall serves two purposes: Slope stabilization and water detention. However, an enterprising resident has seen fit to breach the detention wall and illegally drain his storm water directly into the City right-of-way. In addition, the city has maintained a storm water easement and drainage ditch behind the properties in an effort to control the direction of storm water flows. The attached pictures indicate the bale dam that was installed within the drainage easement. AGENDA I Page 104 of 176 3. Traffic was also raised as an issue and it was pointed out that the overall traffic count will drop with the termination of the day care business. The ITE trip manual indicates that a B&B can generate up to 8.9 Average daily Trips (ADT)/unit and a single family residence 10-12 ADT. However, independent local studies show that trips for a B&B are lower than the ITE information and that a single family residence can be much higher. Individual local single use studies are rarely completed and usually are conducted on a more regional context. The average trips are low because of the way that B&Bs function. Unlike an inn, B&Bs serve breakfasts where an inn will have lunch and dinner. So, once the lodger leaves for the day, they will rarely return until evening. Some will eat before returning to retire for the evening and others may return to the B&B to change before dinner adding a second trip to the traffic count. 4. Parking was raised as an issue and was addressed by the applicant. The code requirement is for the B&B to provide 1 space for each rented room. In addition, two off-street spaces must be provided for the owner of the residence. The parking plan shows the five required spaces as well as areas for 4 or more trailer spaces. In addition, the ground floors of the rental structures will provide up to six spaces for the residential use. A concern about noise. The property owners must live on site. A B&B is not a nightly rental run by a manager who has no connection to the ownership of the property. 6. The Small Business Development center studies shows that where an inn employs an average of 4.6 people, the majority of B&Bs are family run and do not have employees. No additional help is required. The average number of rooms in a B&B is 8.5, up from 8 in 2000 so for the most part the businesses are small scale and remain so. Rural B&Bs get most of their business on the weekends and in the vacation season of April through September. Oftentimes they serve as a weekend getaway. In comparison, urban locations may be fully operational year round. ( 7. A description of the typical B&B guest may dispel other issues. A Michigan State study shows that B&B travelers are middle-aged, well-educated, (moderately) high income, married professionals. Latest studies also show that 82% of the travelers are married with just less than 50% having kids at home. The average age for a traveling party is 40 years old with 60% percent below the age. "This indicates that many B&B guests are at a mid -point in the traditional family cycle, when raising children is a primary activity. Newlyweds and "empty nesters" account for a smaller proportion and, only 9 percent of the market is attributed to adults over 59 years of age. 8. A comment made by one of the attendees of the public hearing, suggested support for the B&B if everyone in the neighborhood could do the same nightly rental. The code does allow each resident to apply for a conditional use permit to have the B&B use on their individual properties if they can meet the specific requirements as spelled out in MMC Sections 17.09. 9. In the written comments passed on to the Planning Commission, a reference to the prohibition of boarding houses in residential zones was made (MMC 17.71.030). Boarding houses were removed from residential areas because they were largely comprised of apartments (Cedar Breaks, Purple Sage, Fandango, etc., that were converted into nightly rentals. They did not have a managerial presence and usually a property management company collected the rents and AGENDA I Page 105 of 176 maintained the grounds. The bed and breakfast, on the other hand, requires that the property owners live on the premises. 10. Also, there were numerous complaints about the day care voiced during the public hearing portion of the meeting. However, staff has never received a complaint since the day care has been in operation. Process: A review of the requirements for this conditional use permit may be useful to the Commission. Code Section 17.09.530 contains the process for a conditional use permit and there are general criteria that must be used by the Commission to determine if the applicant has met or can meet the intent of the code. It is specifically understood that certain listed criteria may not apply to a particular application and the applicant is required to adequately demonstrate that the applicable criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. AGENDA I Page 106 of 176 After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. MMC Section 17.09.530 also contains the specific standards that individual B&Bs must meet. 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). AGENDA I Page 107 of 176 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the appeal authority within ten days of planning commission action. Options: The Planning Commission can: 1. Adopt Resolution #11-2014 as written and recommend that Council approve the conditional use permit for the plans of the bed and breakfast as submitted; 2. Adopt Resolution #11-2014 and recommend that Council approve the conditional use permit for the plans of the bed and breakfast with conditions; 3. Vote to not adopt Resolution #11-2014 and state their reasons; 4. Table the vote on the resolution until a later date and request additional information Staff Recommendation: Staff recommends that the Conditional Use Permit for the Bed and Breakfast located at 100 Arches Drive be favorably recommended to Council with conditions. Recommended Motion: I move to adopt Planning Resolution #11-2014 recommending to Council the approval of the bed and breakfast for the property located at 100 Arches Drive with the conditions that: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. AGENDA I Page 108 of 176 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. Attachment(s): Resolution #11-2014 Narrative Site Plan Addendum Nightly rentals as used in the context of 17.09.700 Residential short-term rentals prohibited. 1. Except for bed and breakfast facilities and guest apartments that comply with Chapters 17.70 and 17.71 of the Moab Municipal Code, the short-term rental of dwellings is prohibited in the following zones: A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, RA-1, and all other zones where short-term rentals are not listed as a permitted use. 2. A. For the purposes of this section, "short-term rental" shall be defined as: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-family or multifamily occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less; 2. The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less. B. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. (Ord. 07-09, 2007) p:\planning department\2014\correspondence\pl-14-060 pc arches b&b decision.docx AGENDA I Page 109 of 176 OAB Agenda Summary CITY COUNCIL MEETING October 3.4, 2014— Agenda Item # 6-6: .LP M AB PL-14-057 Title: Call for Public Hearing on a Requested Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive and Adoption of Resolution #39-2014, Approving the Conditional Use Permit as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The city has received an application from Mary and Jeramey McElhaney to establish a bed and breakfast on their property at 100 Arches Drive. The property is currently undeveloped and is the last undeveloped lot on Arches Drive. The proposal includes construction of a 3,721 square foot home with attached structures covering of 1,152 square feet and 864 square feet. All of the structures are two story and five (5) rooms for short term rental use will be constructed on the second floors of the attached buildings. The larger structure will consist of a four car garage on the ground level with three rental units above and the smaller structure will serve as a ground level two car garage/shop area with two rental units on the second floor. Currently, a day care center is operated by the applicants from a different address on Arches Drive. This use will be discontinued when the Bed and Breakfast is constructed on the site at 100 Arches Drive and the applicants move into the new home. The applicants have stated that there will be a noticeable decrease in neighborhood traffic because of the closing of the daycare. Parking is exceeded with five off street spaces for the rental units and 6 for the dwelling. Also, there are at least four spaces for trailer parking. The Planning Commission held a two part public hearing that ended on September 25. Many of the issues were addressed by research that City Staff had conducted. Additional information was also provided by the applicant. A Planning Commission memo from September 25 (PL-14-060) is attached your review. Subsequent to the hearing, the Commission voted 3-0 to favorably refer the application to Council for approval. Four conditions were established in Planning Resolution #11-2014 and include: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. AGENDA I Page 110 of 176 Page 2 of 5 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. Process: 17.09.530 contains the process for a conditional use permit. Two public hearings are held; one before the Planning Commission and one before the City Council. There are specific criteria that are used by both boards for the approval of the conditional use, and it is specifically understood that certain listed criteria may not apply to a particular application. The applicant is required to adequately demonstrate that the following criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. The Planning Commission and the City Council, respectively, may establish additional AGENDA I Page 111 of 176 Page 3 of 5 conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. Options: The City Council must hold a public hearing on this application. Recommended Motion: I move to send the Conditional Use Permit for a Bed and Breakfast to public hearing on October 28, 2014. Attachment(s): Narrative Site Plan Planning Commission Memo PL-14-060 Addendum 17.09.530 (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and Breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. AGENDA I Page 112 of 176 Page 4 of 5 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the Bed and Breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards in B below and landscaping. Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only bed and breakfast: Zoning R2, R3, R4). 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty- six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent AGENDA I Page 113 of 176 Page 5 of 5 conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. p:\planning department\20I4\correspondence\pl-14-OG5 cc arches hgh.docx AGENDA I Page 114 of 176 Sommar Johnson Zoning Administrator Moab City Offices 217 East Center Street Moab, Ut 84532 To Whom It May Concern: We recently heard about the Bed and Breakfast (100 Arches Drive) possibly coming into our neighborhood. We bought our house in this neighborhood 4 years ago to start our family in a safe and established neighborhood. We have some concerns regarding a Bed and Breakfast being operated in a residential (R-2) neighborhood. As it is we live on the corner that receives all traffic already from the Day Care that is at 95 Arches Drive. Vehicles speed around the corner during drop off and pick up time making it unsafe for any children during that time. We understand as stated in the proposal letter that traffic will be much lighter. That is somewhat hard to believe. There will be heavier traffic depending on the type of guest staying at the B&B. More trailers and recreational vehicles will be going up and down our street now. Who are unaware that there are small children running around the neighborhood. This should be a safe haven for our children to play and we should not have to worry about the guests up the street. (Sex Offenders?) Another issue will be noise at different hours throughout the evening. We live in a quiet neighborhood with little to no loud parties. During Jeep week and different events throughout the season. It brings in many different people. It's always nice to know you can come home to your neighborhood and not be bothered by the different events and tourists. This opens up our neighborhood to such events. And the parties that some guests like to throw while on vacation. We hope that our opinion is heard and considered. We are zoned as a residential neighborhood and hope it stays that way. Sincerely, Tate & Savannah Schleider 815 E Hillside Dr Moab, Ut 84532 Q 0 Z W Q Page 115 of 176 *11 q-00,�N 100 Arches Dr. 3 messages Mike Steele <msteele31 @gmail.com> To: sommar@moabcity.org Sommar Johnson <sommar@moabcity.org> Tue, Sep 9, 2014 at 1:23 PM Sommar I appologise if this is a repeat but my desktop doesn't see to be sending out emails today. This is to formally oppose the CUP application for 100 Arches Dr. Bed and Breakfast. There is a reason Moab City passed zoning regulations prohibiting short-term boarding in residential zones. (17.71.030) The reasons are obvious and we see no reason to ignore them for an exception at 100 Arches Drive. I could go into great detail but I will spare you at this time. Please pass this along to the members of the Planning Commission. Sincerely, Mike &Janet Steele 110 Arches Dr. Moab, Ut 84532 Sommar Johnson <sommar@moabcity.org> To: Mike Steele <msteele31 @gmail.com> Mike, I will forward your comments on to the Planning Commission. Thanks! Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217 E. Center St. Moab, UT 84532 435-259-5129 [Quoted text hidden] Tue, Sep 9, 2014 at 1:48 PM Sommar Johnson <sommar@moabcity.org> Tue, Sep 9, 2014 at 1:50 PM To: Kelly Thornton <kellythornton10@gmail.com>, Laura Uhle <laura@moabutahlodging.com>, Jeanette Kopell <jeanettek2@gmail.com>, Wayne Hoskisson <wyh@xmission.com>, Joe Downard <moabtesting@yahoo.com> Cc: Jeff Reinhart <jeff@moabcity.org>, jermandmary@frontiernet.net Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 [Quoted text hidden] Q Z Page 116 of 176 W Q 124 Arches Drive Moab, Utah 84532 September 10, 2014 Sommar Johnson, Zoning Administrator City of Moab Planning Commission 217 East Center Street Moab, UT 84532 Re: Proposed Conditional Use Permit Bed & Breakfast at 100 Arches Drive Dear Members of the Planning Commission, I am the owner of the house at 124 Arches Drive where I have lived for the past 23 years. I love our neighborhood and have not been terribly pleased by the traffic generated by the child care center across the street from me. The problem is the amount of traffic that goes by my house in the morning and late afternoon. The saving grace is that the traffic does not continue into the evening. I have read through Jeramey and Mary McElhaney's proposal for a bed and breakfast and am opposed to a nightly business in our neighborhood. It is not fair to the residents of our quiet neighborhood to have to put up with increased traffic at night and possibly overflow parking of large vehicles on the street. I agree that Jeramey would build a nice house at the end of the street but it should be for residential use, not nightly rental. Please do not approve the Conditional Use Permit and keep Arches Drive a nice place to live. Respectfully submitted, 4a7on Koch Page 117 of 176 " ��rt��noglc Sommar Johnson <sommar@moabcity.org> Public Hearing/September 11,2014,Re: 100 Arches Dr., Conditional Use permit 1 message dandg@,xmission.com <dandg@xmission.com> Wed, Sep 10, 2014 at 4:20 PM To: sommar@moabcity.org My name is Glen Wanczyk, I live at 687 Hillside Drive, Moab, Utah. I write as a concerned citizen and neighbor asking the City of Moab Planning Commission to deny the request for proposed Conditional Use Permit - Bed and Breakfast - located at 100 Arches Drive in the R-2 Residential Zone. After reading the Notice for Public Hearing, I drove to the proposed site and met personally with Mary McElhaney who gave me a detailed description of the proposed Bed and Breakfast. As a neighbor who lives around the corner from said location I hereby voice my objection to the proposed Conditional Use Permit and ask that the Planning Commission uphold the Residential Code in its entirety and with its intended integrity. I believe Mr. McElhaney's claim that the "home and Bed and Breakfast of significant size to actually increase the neighborhood property values" is based upon his hope of commercial venture and gain with no evidential research provided substantiating his claim. His claim that "this is an economic benefit to all nearby property" does not in any way include me and my property. Traffic heading to the McElhaney's proposed Bed and Breakfast will pass directly in front of my house. I am also greatly concerned that inclusion of commercial use in zoned residential will raise the likelihood of increased noise and light pollution. Respectfully submitted, Glen K. Wanczyk Q Z Page 118 of 176 W Q AGENDA SUMMARY MOAB CITY COUNCIL MEETING October 28, 201�m Agenda Item #: ]-1 Title: Resolution 46-2014: A Resolution Approving the Lease Agreement between the Utah Department of Transportation (UDOT) and the City of Moab for the Lease of Lions Park Fiscal Impact: The lease itself will cost $300 total for the entire duration of the lease, which is 30 years. The maintenance and operation of Lions Park will be the major expense associated with this lease. The exact cost for this is not yet known, but should be between $30,000 and $40,000 per year. These expenses will not start until next fiscal year. Department: Administration Applicant: NA Summary: The Lease Agreement between the City and UDOT allows for the construction and maintenance of anew Lions Park on UDOT property. It provides for two main lease areas. Lease Area i will include the larger area for more permanent facilities such as the new rest room facility, the new pavilion, picnic areas, parking lot and the like. Lease Area 2 will include items that may be more temporary such as curb, gutter and sidewalk and parking stalls. UDOT wished to delineate between these two areas to ensure that more permanent structures are not placed in areas that may more readily be needed by UDOT for transportation purposes. The lease does allow UDOT to reclaim the area with 12 months notice, should the leased area be needed for transportation purposes. Given that the Colorado Bridge has recently been replaced, and the intersection and lanes at 191 and 128 been improved and widened, the current configuration of land use is likely to stay as it is for some time. The duration of the lease is 30 years, and will cost a total of $300, payable upon execution of the lease. The lease shows an October 1 start date, but our approval should indicate a November 1 start date, as well as the correction of a few typographical errors in the document. This document was created by UDOT, so City staff are unable to make these minor changes at this time. However, the changes can be made easily by UDOT staff after approval by the City Council. Construction on the Lions Park project is expected to start this November. We are also working on a landscaping maintenance agreement with UDOT, but we are awaiting final landscaping drawings from the project architect to include as an attachment. We have also submitted an agreement to Grand County for the small portion of the project that falls on Grand County property. Grand County has been very busy and has not had time to review the final draft of the agreement. They are aware of the time constraints and we are politely but strongly encouraging them to complete their review. These two final agreements will come before the City Council as soon as the other parties are ready on their ends. AGENDA I Page 119 of 176 Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of Resolution 46-2014. Recommended Motion: "I move to approve Resolution 46-2014." Attachment(s): Lease Agreement and exhibits. AGENDA I Page 120 of 176 Resolution #46-2014 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND THE CITY OF MOAB FOR THE LEASE OF LIONS PARK WHEREAS, the City of Moab, the Utah Department of Transportation (UDOT), Grand County and other agencies have been collaborating on the financing, planning, design and construction of a new Lions Park to be located at the intersection of Highways 191 and 128; and WHEREAS, the City of Moab has agreed to operate and maintain the park once it is constructed; and WHEREAS, the property on which the park is to be located is partially owned by UDOT and Grand County; and WHEREAS, the City intends to lease the property on which the park will be located from UDOT and Grand County; and WHEREAS, the Lease Agreement between UDOT and the City is attached to this resolution; and WHEREAS, the start date of the Lease should be November 1, 2014; and WHEREAS, minor typographical errors in the agreement should be corrected. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY APPROVE THE LEASE AGREEMENT AS PRESENTED, WITH A START DATE OF NOVEMBER 1, 2014 AND WITH THE CORRECTION OF TYPOGRAPHICAL ERRORS, AND AUTHORIZE THE EXECUTION OF THE DOCUMENT BY THE APPROPRIATE OFFICIALS. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 28TH day of October, 2014. CITY OF MOAB David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder #46-2014 AGENDA Page 121 of 176 Page 1 of 1 LEASE AGREEMENT THIS LEASE AGREEMENT is made this day of 2014, and entered into by and between the UTAH DEPARTMENT OF TRANSPORTATION as "Lessor" (Landlord) and THE CITY OF MOAB as "Lessee" (Tenant). 1. LEASED PREMISES (Premises): Landlord hereby leases to Tenant certain Premises located on the NE corner of an intersection at SR-128 and US-191 and further identified on the attached Exhibit "A" as Lease Area 1 and Lease Area 2. 2. PURPOSE: As per the Federal Aid Agreement for Local Agency Project between the Utah Department of Transportation and The City of Moab executed in October of 2013 and identified as Agreement Number 148305, (hereafter referred to as the "Agreement") attached as Exhibit "B", Landlord leases to Tenant the Premises identified on pages 9 and 10 of the Agreement. The Tenant acknowledges that the lease of said Premises is temporary and the Premises may be used for future widening and expansion of SR-128 and/or US-191 as determined by the Landlord. Tenant may use the Premises solely for purposes intended for the Lions Park Facility as outlined in this Lease Agreement. No other uses are authorized. 3. TERM: The term of this Lease Agreement shall be thirty (30) years commencing on October 1, 2014 and expiring on September 30, 2044. 4. CONSIDERATION: The rent payment for this term is $300.00. Tenant shall pay Landlord in full at the time this Lease Agreement is executed. If tenant fails to pay the rent, UDOT may withhold funding for Tenant's road projects or B and C funds until the entire payment is made. 5. CONDITION OF PREMISES: Tenant hereby accepts the Premises in the condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county, state, and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease Agreement subject thereto and to all matters disclosed thereby. Tenant acknowledges that neither Landlord nor any agent of the Landlord has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of Tenant, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises. Tenant agrees to accept the Premises in its presently existing condition "as is," and Landlord shall not be obligated to make any improvements or modifications thereto. Tenant represents and acknowledges that it has made a sufficient investigation of the conditions of the Premises immediately prior to the execution of this Lease Agreement and is satisfied that the Premises are fully fit physically and lawfully for Tenant's desired use identified in Section 2 of this AGENDA I Page 122 of 176 Lease Agreement and that Tenant accepts all risks associated therewith. 6. COMPLIANCE WITH LAW: Tenant shall not use the Premises or permit anything to be done on or about the Premises which will in any way conflict with any law, statute, zoning restriction, ordinance, or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the Premises. Tenant agrees to obtain any licenses, permits and other necessary authorizations from Federal, State and local agencies. Tenant shall not allow the Premises to be used for any unlawful purpose, nor shall Tenant cause, maintain, or permit any nuisance in, on, or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises and shall maintain the property in compliance with all applicable City and County ordinances. 7. CONDUCT OF OPERATIONS: a. Lease Area 2 allows striping, curb and gutter, sidewalk, pedestrian access ramps, and parking stalls to be placed within its boundary. These improvements are temporary in nature, and may be removed without detrimentally impacting the Lions Park facilities. Lease Area 1 allows for construction of facilities more permanent in nature, such as facilities related to circulation of traffic, parking and picnic areas, sidewalks, restroom facilities, outdoor amphitheater, bike racks, trail, etc. It is understood by both parties that if the improvements are removed in Lease Area 1, it will detrimentally impact the functionality of the Lions Park facilities. All improvements in Lease Area 1 and Lease Area 2 shall be completed at Tenant's expense and all work shall be completed in accordance with the plans and specifications as approved by Landlord at the sole expense of the Tenant as per the official construction plans of Project No. F-LC19(14): Lions Park Trail and Transit Hub. Improvements placed on the Premises by Tenant shall remain the property of the Tenant and may be removed by Tenant at any time so long as removal does not violate any term or condition of the Agreement or this Lease Agreement. Shall Tenant choose to remove any improvement to the Premises, Tenant's obligation to restore the Premises to a clean and presentable condition as per Section 7f of this Lease Agreement shall be upheld. As per Section X of the Agreement, the Tenant is responsible for the maintenance of all completed Tenant owned facilities and improvements located on or about the Premises, with the exception that Landlord is responsible for maintenance of completed curb, gutter, sidewalk, and pedestrian access ramps within Lease Area 2. b. Tenant shall not allow any Hazardous Materials to enter the Premises. "Hazardous Materials" shall mean those materials, substances, wastes, pollutants or contaminants which are deemed to be hazardous, toxic or radioactive and shall include but not be limited to those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," or other similar designations in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act 49 U.S.C. § 1801 et seq., and any other federal, state or local governmental statutes, laws, codes, ordinances, rules, regulations and precautions, or by common law decision, including, without limitation, (i) AGENDA I Page 123 of 176 trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) petroleum products or byproducts, or petroleum, including crude oil or any fraction thereof, or natural gas, natural gas liquids, liquefied natural gas, synthetic gas or mixtures of synthetic gas and natural gas, (iii) asbestos and (iv) polychlorinated biphenyls. c. Premises will be used for purposes only as identified in Section 2 of this Lease Agreement. d. Tenant grants Landlord the right to enter the Premises at all times for the maintenance, construction, reconstruction, or inspection of the Premises or any adjoining highways. Landlord will exercise reasonable care as not to interfere or negatively impact Tenant's operations. e. Landlord reserves the right to re -occupy the Premises at no cost if the area is required for transportation purposes as defined in Utah State Code 72-5-102, or to dispose of the Premises. Landlord shall give a minimum of twelve (12) months written notice of its intent to re -occupy the Premises identified as Lease Area 2, and the portion of this Lease Agreement associated with Lease Area 2 shall terminate at the end of the twelve month notice period. Landlord shall give a minimum of twelve (12) months written notice of its intent to re -occupy the Premises identified as Lease Area 1 and this Lease Agreement shall terminate in its entirety at the end of the twelve month notice period. Tenant will be required to remove all improvements from the Premises at the sole expense of the Tenant no later than the date(s) of termination with the exception of the curb, gutter, sidewalk, pedestrian access ramps maintained by Landlord as defined in Section 7a. of this Lease Agreement. f. Tenant is responsible for all costs, fees, maintenance, and utility charges in connection with Tenant's use of the Premises. Tenant agrees to keep the Premises in a clean and orderly condition during occupancy and, upon expiration or early termination of this Lease Agreement, return the Premises to a clean and presentable condition, as determined by Landlord, and in compliance with all applicable City and County ordinances. g. No ingress or egress other than presently existing or approved will be allowed on the Premises, unless it is approved in writing by Landlord. h. This Lease Agreement is subject to any and all easements and rights -of -way and restrictions appearing of record or enforceable in law and equity and does not include any provision for the collection by the Tenant of any equity or income resulting from the existence of any easement, right-of-way or other restriction. 8. INDEMNITY: The Tenant shall hold the Landlord harmless from any damage, liability, claims, judgments or losses arising out of or attributable to any acts and/or activities undertaken or permitted by or on behalf of the Tenant or Tenant's agents or employees on the Premises. The obligation to indemnify shall survive the expiration or termination of this Lease Agreement. Tenant shall obtain and keep in force a policy of liability insurance for the Premises and activities in an amount and type that would be reasonable for the activities and Premises described in this lease. The amount shall be a minimum of $1,000,000. Tenant will list Landlord as co-insured on the insurance coverage. AGENDA I Page 124 of 176 9. ASSIGNMENT: This Lease Agreement may not be assigned, nor transferred, by Tenant. 10. NOTICES: Any notices or changes must be in writing and delivered to the Landlord at the following address Utah Department of Transportation 4501 South 2700 West Po Box 148420 Salt Lake City, Utah 84114-8420 801.965.4209 / Fax 801.965.3822 11. TERMINATION: Tenant at the following address: City of Moab 217 East Center St. Moab, Utah 84532 435.259.5121 a. If, upon inspection, the Premises are not found to be properly maintained, Tenant will be given a notice of the findings and a deadline to correct the problem. Non-compliance with such notice shall constitute a breach and possible termination of this Lease Agreement. b. Tenant shall be liable to Landlord for any and all costs incurred as a result of any breach by Tenant. c. Landlord is not abandoning any rights or interests in the Premises for transportation purposes as defined in Utah State Code 72-5-102 or the right to dispose of the Premises according to Utah State Code 72-5-111. The Tenant, a voluntary party to this Lease Agreement, is not entitled to compensation for any costs, including but not limited to relocation benefits or moving expenses, which may be incurred by Tenant as a result of the expiration or early termination of this Lease agreement. If Landlord requires the Premises for transportation purposes, Landlord shall give Tenant written notice of early termination as per Section 7e of this Lease Agreement. d. The obligations of Tenant with respect to restoration and indemnification shall survive the expiration or early termination of this Lease Agreement. Landlord's rights to recover damages for which Tenant is liable shall not be limited by the expiration or early termination of this Lease Agreement. 12. MISCELLANEOUS: a. The captions of the sections of this Lease Agreement are inserted for convenience only and shall not be used in the interpretation or construction of any provisions of this Lease Agreement. AGENDA I Page 125 of 176 b. If any provision of this Lease Agreement is held invalid or unenforceable, the holding shall affect only the provision in question and that provision in other circumstances, and all other provisions of this Lease Agreement, shall remain in full force and effect. c. The failure of a party to insist upon strict performance of any provision of this Lease Agreement shall not be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this Lease Agreement shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. d. Any ambiguities in this Lease Agreement shall not be strictly construed against the drafter of the language concerned, but instead shall be resolved by applying the most reasonable interpretation giving full consideration to the intent of the parties at the time of execution. e. In any action brought to enforce the terms of this Lease Agreement, the Parties agree that the appropriate venue shall be the Seventy Judicial District Court in and for Grand County, Utah. 13. ENTIRE AGREEMENT: This Lease Agreement constitutes the entire agreement between the parties and no prior written or prior oral promises or representations shall be binding. This Lease Agreement may not be amended, changed or altered except by written instrument signed by both parties. Parties to this Lease Agreement sign below: Date Date Tenant: City of Moab Landlord: Utah Dept. of Transportation By: David L. Sakrison By: Lyle McMillan Its: Mayor Its: Director of Right -of -Way AGENDA I Page 126 of 176 Exhibit A The "Premises" AGENDA I Page 127 of 176 401110 TRAIL CONTINUESii���-�� UNDER EXISTING U.S. HIGHWAY 191 BRIDGE 1 \ \ \ NEW MULTI —USE PAVILION a � a a AREA 1 �\ NEW CONCRETE SIDEWALK \ FOR PEDESTRIAN ROUTE HROUGH LIONS PARK � a r ASE AREA 2 ►cl+' , k' CROSSWALK TO CONNECT PEDESTRIAN PATH FROM TRANSIT HUB TO LIONS PARK `7`1youp LIONS PARK SCENIC BYWAYS TRAIL HUB MOAB, UT MOAB Exhibit "A" NEW CROSSWALK V NEW RESTR00% BUILDING a EXISTING NON -MOTORIZED/ S PEDESTRIAN TRAIL 0 �o —I 0 6 XISTING �NSIT HUB RESTROOM BUILDING o ----------------------- - -- - - - - - - - - - - - - - - " - - - - - - - EX G COLORADO �— VERWAY PEDESTRIAN BRIDGE i TRAIL CONTINUES TO — EXISTING COLORADO _ RIVERWAY PATH GRAND COUNTY PROPERTY WITHIN LEASE AREA TRAIL CONTINUES THROUGH EXISTING PEDESTRIAN UNDERPASS LEGEND LEASE AREA 1 BOUNDARY LEASE AREA 2 BOUNDARY GRAND COUNTY PROPERTY WITHIN LEASE AREA PEDESTRIAN PATH EXISTING TRAIL SYSTEM OUTSIDE OF LEASE AREA ■ ■ TRAIL SYSTEM WITHIN LEASE AREA • G R 0 U P .ra�ro.oa� . 9r�mro • a..i9o..mo» 255 C-d Squ n L Sao k. City, UT U 15 P:(801) 961-7070 F:(801) 961-7373 Page 128 of 176 Lease Area #1 Moab City Beginning at a point in the existing easterly highway right-of-way line of US Highway 191, at a point 46.00 feet perpendicularly distant northwesterly from the centerline of SR-128, opposite approximate Engineer's Station 11 +10.01 said point being N.01 °09'32"W. 2,953.52 feet along the section line and East 1,145.86 feet from the Southwest corner of Section 26, T.25S. R.21 E., Salt Lake Base and Meridian and running thence along said easterly right-of-way line the following three (3) courses: (1) N.38016'28"W. 412.21 feet; (2) thence S.75000'39"W. 5.45 feet; thence N.38016'28"W. 91.40 feet to a point in the approximate northerly edge of a trail; thence along said northerly trail edge the following eleven (11) courses: (1) East 17.32 feet; (2) thence N.75000'00"E. 29.50 feet; (3) thence N.72°52'00"E. 60.00 feet; (4) thence N.75045'00"E. 123.00 feet; (5) thence N.66°08'00"E. 34.50 feet; (6) thence N.82°00'00"E. 25.00 feet; (7) thence S.77°45'00"E. 24.00 feet; (8) thence N.88°00'00"E. 30.00 feet; (9) thence N.80030'00"E. 68.00 feet; (10) thence N.85°18'00"E. 21.00 feet; (11) thence N.88000'00"E. 163.00 feet; thence S.02°00'00"E. 14.00 feet; thence S.89°00'00"E. 45.00 feet; thence N.88°30'00"E. 61.88 feet to the intersection of the approximate northerly edge of a trail and the existing northerly highway right-of-way line of SR-128 as referenced in UDOT project S-0344(1) at a point 102.72 feet radially distant northwesterly from the centerline of SR-128, opposite approximate Engineer's Station 16+71.43; thence S.14°30'33"W. 92.01 feet to a point 32.93 feet radially distant northwesterly from the centerline of SR-128, opposite approximate Engineer's Station 16+15.00-1 thence southwesterly 203.59 feet along the arc of a 533.00 foot radius non -tangent curve to the left, (chord bears S.52°01'59"W. 202.36 feet) to a point 33.00 feet radially distant northwesterly from the centerline of SR-128, opposite approximate Engineer's Station 14+23.64; thence S.47°50'21 "W. 71.34 feet to a point 46.00 feet radially distant northwesterly from the centerline of SR-128, opposite approximate Engineer's Station 13+58.57; thence S.33038'04"W. 248.57 feet to the point of beginning. The above described parcel of land contains 3.725 acres or 162,273 square feet in area. AGENDA I Page 129 of 176 Lease Area #2 Moab City Beginning at a point in the existing highway right-of-way line of US Highway 191 at a point N.01 °09'32"W. 2,968.38 feet along the section line and 1,134.43 feet East from the Southwest corner of Section 26, T.25S. R.21 E., Salt Lake Base and Meridian and running thence S.33°38'04"W. 31.56 feet; thence N.38°16'28"W. 197.29 feet; thence N.51 °43'32"E. 30.00 feet to a point in said easterly right-of-way line; thence along said right-of-way line S.38°16'28"E. 187.49 feet to the point of beginning. The above described parcel of land contains 5,772 square feet in area or 0.132 acre. AGENDA I Page 130 of 176 Exhibit B The "Agreement" AGENDA I Page 131 of 176 Exhibit "B" L _ vda+.reM.pr State of Utah Department of Transportation Il `-�l `0 IRS rur sutorss Federal Aid Agreement Maximum Project Value for Local Agency Project City of Moab - Rebecca Andrus Authorized CFDA No. 20.205 $1,829,592 PIN Number Project Number Agreement Number 9020 F-LC 19(14) (Assigned By Comptrollers) FINET Number PIN Description [� 53371 LIONS PARK TRAIL & TRANSIT HUB 4 V v 0 FMIS Number Date Executed F007337 This Agreement is entered into this day of , 20, by and between the Utah Department of Transportation ("UDOT") and Moab City ("Local Agency"), a political subdivision of the State of Utah. The Local Agency has a project that will receive financing from federal -aid highway funds. The Project consists of LIONS PARK TRAIL & TRANSIT HUB, located at Moab City and identified as project number F-LC19(14). Pursuant to 23 CFR 635.105, UDQT has the responsibility to oversee the federal' aid projects to ensure adequate supervision and inspection so the projects are completed in conformance with the approved plans and specifications, including compliance with all Federal requirements. In instances where UDQT does not have jurisdiction over the road where the Project is being performed, UDQT may arrange for the Local Governmental Agency with jurisdiction of the road to perform the work with its own forces or by contract. This Agreement describes the respective roles and requirements of UDQT and the Local Agency to ensure compliance with the federal requirements for the receipt of federal funding for the Project. State Wide Transnortation Imnrovement Prnnram ';TIP 7n1 _ant F Fund' Prior I 2Uli 1 2014 1 2015 I MIN I Total I Fed Aid I Slate I Other PCt BYWAYS S1.204.591 $1 St1 $0 o $1,204,592 5963.874 $o $246.918 20.00% STP ENH EAC SO Sd25oo11 SO SO �14$ca Total: 51.204,591 5625001 $4 s0 $1.87.9,592 $1,463,6741 $0 $305.9181 200001e Attachment A to this Federal Aid Agreement describes a lease agreement between UDQT and Moab City. See the attached document for additional details. Exhibit A to this Federal Aid Agreement Is a map of the project area showing the location of the improvements. Revised 3-20-13 1of10 AGENDA Page 132 of 176 AGREEMENT Now, therefore, the parties agree as follows: I. Description of the Project. II. UDOT's Roles and Responsibilities on a Federally Funded Local Government Project as follows: A. Oversee compliance with federal and state regulations. B. Ensure transportation project oversight as outlined in 23 CFR. C. Assign a UDOT Project Manager to: 1. Assist the Local Government Project Manager to monitor scope, schedule, budget, and help track expenditures during all phases of the project. 2. Assist in project risk monitoring by reviewing and discussing identified risks and mitigation efforts. 3. For projects approved through the Wasatch Front Regional Council (WFRC), assist in early coordination with UDOT's Environmental staff during preparation of the environmental document. 4. Prepare and process the federal aid agreement before project initiation. 5. Help administer consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the Project. 6. Assist the local agency to process and approve Consultant Pay Requests. 7. Coordinate and participate in design review meetings to ensure the federally -approved, UDOT design process is followed. 8. Coordinate to ensure ongoing communication with the local project sponsor. 9. Coordinate payment of local government matching, betterment or other funding to UDOT prior to project advertisement. 10. Assist the Local Agency in preparing and executing Utility Reimbursement Agreements as required. 11. Coordinate betterment items and finalize agreements prior to construction advertising. 12, Assist with the federally -approved construction advertising and award processes. 13. Coordinate with the Local Project Manager to review and recommend change orders for approval. 14. Coordinate the UDOT project closeout process. III. Local Agency Roles and Responsibilities on a Federally Funded Local Government Project. The Local Agency shall manage the Project in compliance with federal and state laws and regulations. The Local Agency shall monitor the quality of work being performed on the Project and daily activities and issues with the consultants. For Class B and C roads, the Local Agency assumes responsibility for the design, construction quality and maintenance of the road. A. The Local Agency shall assign a representative to serve as the Local Project Manager to: 1, Research, understand, and take responsibility for federal requirements by its acceptance of federal funds. 2, Coordinate with the UDOT Project Manager concerning the funding. 3. Committee (MPO's, etc.) for funding and expenditure time -frames, scope issues and delivery schedule. 9. Manage the day-to-day activities of the Project as follows: a. Consultant and professional services used on the Project. b. The Local Agency shall recommend and approve consultant pay requests. c. Project scope, schedule, budget, and quality. d. Coordination of details, decisions and impacts with the local jurisdiction's community councils, commissions, legal counsel, department heads, political leads, engineering and public works departments, etc. e. Coordination with the assigned UDOT Project Manager. f. Project risk monitoring by reviewing and discussing identified risks and mitigation efforts. g. Monitor project schedule and progress of all project tasks to ensure a timely delivery of the project. h. Schedule discussion should be held in all preconstruction and construction project progress meeting. 2 of 10 AGENDA I Page 133 of 176 i. Oversee project compliance with federal and state transportation project processes. These responsibilities include (but are not limited to): 1) Participate in the federally approved consultant qualifications -based selection, negotiation of contract, and contracting process for all phases of the project. 2) Participate as the active lead in project team meetings as well as all field and plan reviews. 3) Ensure NEPA Environmental clearances and approvals are obtained. 4) Ensure current AASHTO, MUTCD, and UDOT design standards are met, or if not, ensure all design exceptions, waivers or deviations are obtained and have the necessary signatures in place. 5) Ensure and certify that right of way acquisitions follow the federal Uniform Act and comply with state right of way acquisition policy, including rules, and meet all Project right of way commitments. 6) Ensure construction standards and specifications are met, 7) Oversee project construction management operations, progress, documentation and quality inspection to meet state and federal contract administration requirements. j. Coordinate with utilities to minimize project impacts and ensure needed relocations have the proper documentation, easements and agreements in place. The Local Agency shall provide to UDOT Region Utility Coordinator the Project utility certification prior to construction advertising. k. Ensure required documentation is in place before submitting the advertising package to UDOT for advertising through its federally -approved process. I. Coordinate with the UDOT Project Manager and Comptroller's Office to deposit the local match and betterment funds prior to advertising, m. Approve the final advertising package and obtain local signature approval before proceeding to advertise. n. Review the abstract of bids and recommend to the UDOT Project Manager award of the project. o. Attend Construction Coordination meetings and coordinate with the Consultant Resident Engineer (RE). p. Review all construction change orders for approval and submit them to UDOT Project Manager for review and processing, q. Review the project budget for changes related to change orders, quantity overruns, incentives, fuel and asphalt adjustments, etc. r. Ensure materials comply with the current UDOT Materials Testing and Acceptance Manual and the UDOT Minimum Sampling and Testing Requirements. s. Assist to provide all documentation needed for construction project close out including Buy America certification. I. Coordinate the project close out process by timely closing all open contracts and agreements. u. Provide right of way certification verifying all required right of way has been purchased prior to advertising, This list of roles and responsibilities is not comprehensive but describes the general roles of the Local Agency. IV. Funding. Upon signing this agreement, the Local Agency agrees to pay its estimated matching share in phases when requested by UDOT. Phases typically include environmental, design, right of way and construction. The local match for this project is represented by the percentages of the Total Project Value shown below. In addition the Local Agency agrees to pay 100% of the overruns that exceed $1,82.9,592 and any ineligible costs when requested by UDOT. All project costs not reimbursed by FHWA shall be the responsibility of the Local Agency. No costs are eligible for federal aid reimbursement until authorized by the FHWA through Form R-709, Request for Federal Aid Project Approval, separate from this Local Agency Agreement. For the specific funding for the project, see page 1, Statewide Transportation Improvement Program (STIP). UDOT will request payment of matching shares and overruns through an email that will be sent to Rebecca Andrus at REB CCA@MOABC. TY.ORGthe Local Agency Contact. The Local Agency shall pay within 3 of 10 AGENDA I Page 134 of 176 30 days after each payment request. The Local Agency shall make the check payable to the Utah Department of Transportation referencing the project number above and mail to UDOT Comptroller's Office, 4501 South 2700 West, Box 1415010, Salt Lake City, Utah 84114-1510. The Local Agency shall be responsible for all costs associated with the project which are not reimbursed by the federal government. For a Joint Highway Committee project, the federal participation for construction engineering costs is limited to 20 percent of the construction contract costs. Funds requested beyond the amount set forth will require execution of a Supplemental Financial Agreement. If the project has cost overruns, the Local Agency shall pay the additional amount required within 30 days of receiving the invoice. Should the Local Agency fail to reimburse UDOT for costs that exceed the federal reimbursement, federal funding for other Local Agency projects or B&C road funds may be withheld until payment is made. If the advanced amount exceeds the Local Agency's share of project cost, UDOT will return the amount of overpayment to the Local Agency upon financial closure of the project. UDOT shall provide the Local Agency with a quarterly statement reflecting a cost summary of project costs. V. Local Agency's Reimbursement Claims. The Local Agency shall bill UDOT for eligible federal aid project cost incurred after FHWA approval for authorization to proceed (form R709) and in conformity with applicable federal and state laws. Authorized Local Agency reimbursement claims should be submitted to UDOT Project Manager. Reimbursements to the Local Agency for right of way claims are classified as a pass -through of Federal funds from UDOT to the Local Agency. Expenditures by the Local Agency for general administration, supervision, and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by the Federal government. The Local Agency shall comply with 23 CFR Section 710.203 for FHWA reimbursement requests of real property acquisitions. A Local Agency shall not request reimbursement for excess acquisitions which are not eligible for FHWA reimbursement under 23 CFR Section 710.203 htic/hvww c �oaccess ocicflyi,giri- g,html. VI. Federal Aid Project Compliance. Local Agency shall comply with Title 23, USC, 23 CFR, Office of Management and Budget Circulars A-102, A-87 and A-133, policies and procedures promulgated by FHWA, UDOT Local Government and State Aid Project Guide, UDOT's Right of Way Operational Manual and the Federal Aid Project Agreement between UDOT and Federal Highway Administration concerning federal aid projects. VII. Project Authorization for Federal Aid, The Local Agency, through UDOT, must obtain an Authorization to proceed from FHWA before beginning work on any federal aid project. Federal funds shall not participate in costs incurred prior to the date of authorization, except as provided by 23 CFR Section 1.9(b), Vlll. Liability. Local Agency agrees to hold harmless and indemnify UDOT, its officers, employees and agents (indemnities) from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of the Local Agency's negligent or intentional acts, errors or omissions in the performance of this Project, and from and against all claims, suits and costs, including attorneys' fees for injury or damage of any kind, arising out of Indemnities' failure to inspect, discover, correct, or otherwise address any defect, dangerous condition or other condition created by or resulting from Local Agency's negligent or intentional acts, errors or omissions in the performance of this Project. Any periodic plan and specification review or construction inspection performed by UDOT arising out of the performance of the project does not relieve the Local Agency of its duty in the performance of this Project or to ensure compliance with acceptable standards. IX. Single Audit Act. The Local Agency, as a sub -recipient of federal funds, shall adhere to the Federal Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, hitltl ://www_Wi itel oust_g_qv/omla/circulai-s/al33/a133.hfrnl. A sub -recipient who expends $500,000 4of10 AGENDA I Page 135 of 176 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provision of OMB Circular A-133. Upon conclusion of the A-133 audit, the Local Agency shall be responsible for ensuring that a copy of the report is transmitted to the Utah Department of Transportation, Internal Audit, 4601 S 2700 W, Box 148230, Salt Lake City, Utah 84114-8230. X. Maintenance. The Local Agency shall properly maintain and restore each type of roadway, structure and facility as nearly as possible in its original condition as constructed or improved in accordance with state and federal requirements. XI. Utilities. The Local Agency shall notify and cooperate with utility companies having facilities in the project limits in accordance with Utah Code Section 54-3-29. The Local Agency shall certify, in accordance with 23 CFR Section 645.107(c), that utility relocation reimbursements to be made in accordance with the provisions of 23 CFR Section 645,107(a) do not violate the terms of a use and occupancy agreement, or legal contract, between the utility and the Local Agency, or are solely for the purpose of implementing safety corrective measures to reduce the roadside hazards of utility facilities to the highway use as provided in 23 CFR Section 645.107(k). The Local Agency shall determine reimbursement eligibility for identified relocations based on Local Agency Franchise Agreement or Ordinance. If not reimbursable, submit a written statement to UDOT that the Local Agency is "legally unable to reimburse the utilities" for relocation or protection work as part of the project. Utility relocations deemed to be reimbursable will be performed in accordance with 23 CFR Section 645, Utilities, Subpart A, and are subject to 23 CFR Section 635.410, Buy America Requirements. In accordance with 23 CFR Section 645.209 (g), the Local Agency will provide a degree of protection to the highway that is equivalent to or more protective than Utah Administrative Rule 930-7, Utility Accommodation Rule. XI I. Availability of Records. For a period not less than three (3) years from the date of final project close out with federal government, the Local Agency accounting records pertaining to the federal aid project are to be kept available for inspection and audit by the state and federal government, or furnished upon request. XIII. Right of Way. The Local Agency shall acquire all the required right of way for the Project in compliance with 23 CFR Section 710.309, 49 CFR Part 24 and UDOT Right of Way Operations Manual, The Local Agency shall use the right of way module in ePM for acquisitions. Once all the necessary right of way is acquired, the Local Agency shall obtain UDOT's certification. All the necessary right of way must be obtained before the project is advertised. No limitations concerning right of way shall be allowed. For UDOT right-of-way certifications required for advertising access the following: htti)://www.udot.utah..Qov/main/f?p=100::::1:T V:808 34728. For real property disposals the Local Agency shall comply with 23 CFR Sections 710.409 and 710.403. The Local Agency should have property management records, which identify inventories of real property considered excess to project needs. If a Local Agency determines that real property initially acquired as part of the project is declared excess and disposed of the Local Agency must comply with 23 CFR Sections 710.409 and 710,403. This requires that the Federal share of net income from the sale or lease of real property acquired with Federal assistance be used for Title 23 eligible projects. Refer to http://www.ctpoaccess.ciov/cfr/retrieve.htm] for additional information. The Local Agency shall deposit the net proceeds from the sale or lease with UDOT to be applied towards a Title 23 eligible project as authorized by the appropriate metropolitan planning organization or the Joint Highway Committee. XIV. Change in Scope and Schedule. Local Agency recognizes that if a project scope changes from the original intent of the project application, the project will need to be re-evaluated by the responsible agency that programmed the project. Such a review may result in approval of the scope change, removal from the program, or adjustment in the federal aid funds programmed for the project. Local Agency is responsible for the schedule of the project. If the project cannot progress as programmed, the responsible programming agency may advance other projects and require the project to wait for next available funding. 5of10 AGENDA I Page 136 of 176 Any change orders required to meet the terms and conditions of the construction contract will be initiated by UDOT. UDOT will notify the Local Agency of any such change orders. At the Local Agency's request, UDOT will initiate change orders that cover betterments. The Local Agency shall be responsible for 100% of the costs of all change orders on the Project not reimbursed by FHWA. XV. UDOT Service Costs. UDOT may provide expertise in project management, contract preparation, design plan reviews, advertising, construction materials verification/certification, technical assistance, engineering services or other services as needed. Appropriate charges for these costs will be included in invoices to the Local Agency. XVI. Additional Contracting Party. If the Local Agency desires to be an additional contracting party and an additional bondholder or obligee on the performance bond for Class B and C roads, a signed letter on official letterhead by the governing body of the Local Agency shall be an attachment to this Federal Aid Agreement. This provision applies only to federally funded projects and only on B and C roads. XVIL Termination. This agreement may be terminated as follows: 1. By mutual agreement of the parties, in writing. 2. By either UDOT or the Local Agency for failure of the other party to fulfill their obligations as set forth in the provisions of this agreement. Thirty day written notice to terminate the Agreement will be provided to the other party describing the noncompliance of the Agreement. If the noncompliance is not remedied within the thirty day period, the Agreement shall terminate. However, if UDOT believes that the Local Agency is violating the Agreement that may result in harm to the public, inappropriate use of federal funds or if the Federal Highway Administration requests immediate termination, UDOT may terminate the Agreement without giving the thirty day notice. 3. By UDOT for the convenience of the state upon written notice to the Local Agency. 4. By UDOT, in the event that construction of the project for which this design engineering is undertaken is not started by the close of the fifth fiscal year following the fiscal year in which this agreement is executed. In the event of termination, the Local Agency shall pay all of UDOT's costs regardless of whether the Project is constructed. XVIII. Miscellaneous, 1. This Agreement cannot be altered or amended, except pursuant to an instrument in writing signed by each of the parties- 2- If any term or provision of this Agreement or application to any person or circumstance shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement shall not be affected and each term, condition and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law, so long as removing the severed portion does not materially alter the overall intent of this Agreement, 3. The failure of a party to insist upon strict performance of any provisions of this Agreement shall be construed as a waiver for future purposes with respect to any such provision or portion. No provision of this Agreement shall be waived unless such waiver is in writing and signed by the party alleged to have waived its rights. 4. Each undersigned represents and warrants that each has been duly authorized for all necessary action, as appropriate, to execute this Agreement for and on behalf of the respective parties 5. The parties shall not, by this Agreement nor by any act of either party, be deemed principal and agent, limited or general partners, joint ventures or to have any other similar relationship to each other in the conduct of their entities. XIX. Content Review Language content was reviewed and approved by the Utah AG's office on March 20, 2013, 6of10 AGENDA I Page 137 of 176 GENERAL `FHWA) PROVISIONS FOR FEDERAL -AID AGREEMENT 1. General Provisions: The Grantee will comply with all Federal laws and requirements which are applicable to grant agreements, and imposed by the Federal Highway Administration (FHWA) concerning special requirements of law, program requirements, and other administrative requirements. 2. Modification: This agreement may be amended at any time by a written modification properly executed by both the FHWA and file Grantee. 3. Retention and Custodial for Records: (a) Financial records, supporting documents, statistical records, and all other records pertinent to this instrument shall be retained for a period of three (3) years, with the following exception: (1) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation claims, or audit findings involving the records have been resolved. (2) Records for non -expendable property, if any, required with Federal funds shall be retained for three years after its final disposition. (3) When records are transferred to or maintained by FHWA, the 3-year retention requirement is not applicable to the recipient. (b) The retention period starts from the dale of the submission of the final expenditure report. (c) The Secretary of Transportation and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the recipient, and its contractors and subcontractors, to make audits, examinations, excerpts, and transcripts. 4. Equal Employment Opportunity: (a) The appplicationlrecipient agrees to incorporate in alf contracts having a value of over $10,000, the provisions requiring compliance with Executive Order 11246, as amended, and implementing regulations of the United States Department of Labor at 41 CFR 60, the provisions of which, other than the standard EEO clause and applicable goals for employment of minorities and women, may be incorporated by reference. (b) The application/recipient agrees to ensure that its contractors and subcontractors, regardless of tier, awarding contracts and/or issuing purchase orders ffor material, supplies, or equipment over $10,000 in value will incorporate the required EEO provisions in such contracts and purchase orders. (c) The applicantlrecipient further agrees that its own employment policies and practices will be without discrimination based on race, color, religion, sex, national origin, handicap or age; and that it has or will develop and submit to FHWA by August 1 an affirmative action plan consistent with the Uniform Guidelines on Employee Section Procedures, 29 CFR 1607, and the Affirmative Action Guidelines, 29 CFR 1608. 5. Copeland Act: All contracts in excess of $2,000 forconstruction or repair awarded by recipient and its contractors or subcontractors shall include a provision for compliance with the Copeland "Anti -Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, and person employed in the construction, completion, or repair of public work, or give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or, reported violations to FHWA. 6. Davis -Bacon Act: When required by the Federal program legislation, all construction contracts awarded by the recipient and its contractors or subcontractors of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR, Part 5). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the G1CAO. 7. Contract Work Hours and Safety Standards Act: Where applicable, alt contracts awarded by recipient in excess of $2,500 that involve the employment of mechanics or laborers, shall include a provision for compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulation (29 CFR, Part 5). Under section 103 of the Act, each contractor shall be required to compute the wages or every mechanic and laborer on the basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-2 times the basic rate of pay far all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act if applicable to construction work provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 8. Access to Records: All negotiated contracts (except those of $10,000 or less) awarded by recipients shall include a provision to the effect that the recipient, FHWA, the Comptroller General of the United Slates, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. 9. Civil Rights Act: The recipient shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and in accordance with Title VI of that Act, no person in the United Stales shall on the ground of race, color, or national origin, be excluded from participation in, be denied that benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient received federal financial assistance and shall immediately take any measures necessary to effectuate this Agreement. It shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment discrimination where: (a) The primary purpose of and instrument is to provide employment, or (b) Discriminatory employment practices will result in unequal treatment of persons who are or should be benefitting from the grant -aided activity. 10. Nondiscrimination: The applicant/recipient hereby agrees that, as a condition to receiving ai Y Federal financial assistance from the Department of Transportation, it will comply with 'Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U S.C. 2000d), related nondiscrimination statutes, and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activityy far which the a pplicantlrecipient receives Federal financial assistance. The specific requirements of the United States Department of Transpportation standard Civil Rights assurances with regard to the States' highway safety programs (required by 49 CFR 21.7 and on file with the U.S. DOT) are incorporated in this grant agreement. 11, Rehabilitation Act: The recipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794, P,L. 93-112), and all requirements imposed by or pursuant to the regulations of the Department of Health, Education, and Welfare (45 CFR, Parts 80, 81, and 84), promulgated under the foregoing statute. It agrees that, in accordance with the foregoing requirements, no otherwise qualified handicapped person, 7of10 AGENDA I Page 138 of 176 by reason of handicap, shall be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, and that it shall take any measures necessary to effectuate this Agreement. 12. Government Rights (Unlimited): FHWA shall have unlimited rights for the benefit of the Government in all other work developed in the performance of this Agreement, including the right to use same on any other Government work without additional cost to FHWA. 13. Accountability of equipment acquired in prior years will be transferred to the current year Grant. An updated inventory list will be provided by FHWA. 14, This Grant is subject to the conditions specified in the enclosed Negotiation Document. 15. Drug -Free Workplace: By signing this agreement the recipient certifies that it is in compliance with the Drug -Free Workplace Act (41 U.S.C. Sec. 701 et ses.) And Implementing regulations (49 CFF Part 29), which require, in part, that grantees prohibit drug use in the workplace, notify the FHWA of employee convictions for violations of criminal drug laws occurring in the workplace, and take appropriate personnel action against a convicted employee or require the employee to participate in a drug abuse assistance program. Limitation on Use of Federal Funds for Lobbying for Grants in Excess of $100,000: By siggning this agreement the recipient declares that it is in compliance with 31 U.S.C. Sec. 1352, which prohibits the use of Federally appropriated funds to influence a Federal employee, officer, or Member of Congress In connection with the making or modification of any Federal grant, loan, contract, or cooperative a reement. Unless the payment of funds is otherwise reported to FHWA, signing this agreement constitutes a declaration that no funds, including funds not Federally appropriated, were used or agreed to be used to influence this grant. Recipients of subgrants in excess of $100,000 must make the same declarations to the grant recipient. With respect to the payment of funds not Federally appropriated by the recipient and sub -recipients{ the recipient must report to the FHWA the name and address of each person paid or performing services for which payment is made, the amount paid, and the activity for which the person was paid. 50036.2-M-34b Form FHWA-1273 (Rev. 3-94) LOCAL AGENCY City jab Icial By Date 10 l~ 13 Mayor David L. Sakrison Utah Department of Transportation By Regis rector Date v 9 UDOT Comptroller By Comptrollees O ice II Date 8of10 AGENDA Page 139 of 176 ATTACHMENT A IN FEDERAL AID AGREEMENT IOUIViBER LIONS PARK TRAIT, & TRANSIT HUB F-LC'19(14) 1. UDOT will lease its property ("Leased Property") (See Exhibit A) to the City for use as Lions Park through a lease agreement separate froni this document. Until such time as the lease agreement has been executed by the parties, UDOT will allow immediate access to the Leased Property for the construction of on and off -site Project related improvements required for the Project. Upon both parties signing this Agreement, the City has the right to enter and construct said project. Any construction shall be performed in strict compliance with plans prepared by the City and approved by UDOT. However, the City may not perform any work within the traveled portion of UDOT's right-of-way, block traffic or close lanes unless it obtains the appropriate permits from UDOT. The City will provide all documentation, drawings, exhibits, property descriptions, right -of way lines and other information requested by UDOT for preparation of the lease agreement. UDOT will prepare the lease agreement. Unless UDOT provides written permission otherwise, the project cannot be advertised until the lease agreement has been executed between UDOT and the City. 2. The City will design and construct Lions Park with an access point to SR-128. This access point will be constructed as shown in Exhibit A and is subject to IJDOT approval in the fnaI designed plan set. The lower portion of the park will be accessed via an access drive in materially the same location as it currently exists. UDOT will not require this access drive to be relocated as part of the construction of the Lions Park Project so long as the functionality and safety of SR-128 are not compromised. UDOT will review and approve the access drive as part of the final designed plan set prior to the project being advertised. 3. UDOT has identified the intersection of SR-128 and US-191 as a potential future widening project. The total right-of-way width required along SR-128 for the widening is 110 feet. The existing right -of way halfwidth of approximately 90 feet along US-191 must be preserved. The City's 11'roject may not negatively impact or deci-ease these widths on US-191 and SR-128. UDOT will allow parking stalls inside its right-of-way along US-] 91 as shown in Exhibit A if the design allows for the removal of those parking stalls in a manner that is not detrimental to vehicle circulation and the City is willing; to remove them at the City's cost if necessary for UDOT's road improvement projects as determined by UDOT. More comprehensive requirements for the site and parking lot design including control of pedestrian access will be detailed in the Lease Agreement. 4. The City, through its design, will allow and provide UDOT with a maintenance access for the Colorado River Bridges. 'These maintenance activities include, but are not limited to, work on all bridge elements, fencing, cut and fill slopes, barrier, and signing. The location and means of maintenance access shall be defined in the Lease Agreement. 9of10 AGENDA I Page 140 of 176 Exhibit A AGENDA I Page 141 of 176 AGENDA SUMMARY MOAB CITY COUNCIL MEETING —October 28, 2oi4 I Agenda. Item #: 7-2 014 Title: Resolution 45-2014: A Resolution Approving the Solid Waste Collection Franchise Agreement Fiscal Impact: This action will have a minimal impact on the City's fiscal situation, as there is no rate increase associated with this action. Department: Administration Applicant: NA Summary: Pursuant to direction from the City Council, an extension to the Solid Waste Collection Franchise Agreement has been put together. The extension provides for all of the same conditions as the original contract, except that the rates are provided for by resolution of the City Council. The General Specifications, which act as an exhibit and are part of the Agreement, have been amended to reflect this change. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of Resolution 45-2014• Recommended Motion: "I move to approve Resolution 45-2014." Attachment(s): Solid Waste Franchise Agreement and Exhibits to the Agreement AGENDA I Page 142 of 176 Resolution #45-2014 A RESOLUTION APPROVING THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT WHEREAS, Bob's Sanitation provides residential and commercial solid waste collection services within the municipal limits of the City pursuant to a contract with the City dated August 12, 1999; and WHEREAS, said contract is entitled the Solid Waste Collection Franchise Agreement; and WHEREAS, Section 5 of the 1999 agreement between the City and the Contractor authorizes extensions to the agreement upon such terms, as the parties deem appropriate; and WHEREA the 1999 agreement has been extended by the parties through November, 2004, then again through November 30, 2009, and then again through November 30, 2014; and WHEREAS, the City has determined that it is in the best interest of the community to extend the Solid Waste Collection Franchise Agreement for an additional period of three years; and WHEREAS, the Solid Waste General Specifications, attached as Exhibit A, accompany the Solid Waste Collection Franchise Agreement and provide for specific operational and other requirements of the Agreement; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE SOLID WASTE COLLECTION FRANCHISE AGREEMENT AND THE SOLID WASTE GENERAL SPECIFICATIONS, AND AUTHORIZE THE APPROPRIATE OFFICIALS TO EXECUTE AND DELIVER SAID AGREEMENT AND THE SPECIFICATIONS. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 28TH day of October, 2014. CITY OF MOAB am Attest: Rachel E. Stenta City Recorder David L. Sakrison Mayor Reca n #45-2014 Page 1 of 1 AGENDA I Page 143 of 176 SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS CONTRACT is made and entered into this day of , 2014, by and between the City of Moab, a municipal corporation of the State of Utah ("the City"), and Bob's Sanitation, Inc. ("Contractor"). L RECITALS. a. Contractor provides residential and commercial solid waste collection services within the municipal limits of the City pursuant to a contract with the City dated August 12, 1999. The 1999 contract has been extended by the parties through November, 2004, then again through November 30, 2009, and then again through November 30, 2014. b. Section 5 of the 1999 contract between the City and the Contractor authorizes extensions to the contract upon such terms, as the parties deem appropriate. It is the intent of the parties to extend and clarify their existing contractual relationship as provided in this Contract. IL AGREEMENT. In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: The Contractor hereby agrees to provide residential and commercial automated solid waste collection and disposal services to all areas located within the City in accordance with the terms of this Contract, the General Specifications, which are attached hereto and which form a part of this Contract, and in accordance with Moab Municipal Code Chapter 8.04. 2. Contractor hereby agrees to furnish all materials, labor, equipment, vehicles, and other items necessary to provide automated residential and commercial solid waste collection and disposal services as provided in this Contract. 3. All provisions of this Contract and the attached specifications shall be strictly complied with by the Contractor. No promise, representation, modification, or amendment to this Contract shall be binding between the parties unless reduced to writing, lawfully approved, and signed by both parties. 4. The term of this Contract shall be for a period of three (3) years commencing upon December 1, 2014 and ending on November 30, 2017. It shall be the duty of the Contractor to notify the City no later than three months prior to the expiration of the Contract that such Contract is approaching its termination date. Upon receiving such AGENDA I Page 144 of 176 notice, the City and Contractor may negotiate any modifications or extensions to the Contract upon such terms as the parties may deem appropriate. 5. This Contract, including all attachments, is a complete and integrated agreement terminating and superseding all prior negotiations, representations, promises, or agreements between the parties. 6. The parties each agree that should either party default in any of the covenants, performance or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorneys' fees and court costs which may arise or accrue to the other party from enforcing this agreement or in pursuing any legal remedies. 7. The City agrees to pay, and Contractor agrees to accept, the sums for solid waste collection services as stated in Section 15 of the General Specifications. Contractor agrees that it shall not negotiate separate rates with individual customers, or otherwise modify the price or terms of service without the express written agreement of the City. a) Solid waste customers shall be billed by the City for solid waste collection services at the rates set by the City Council by resolution. The Council may from time to time alter or amend the rates charged to City residents without altering the compensation due to the Contractor or the other terms of this Contract. 8. Contractor may apply to the City in writing for consideration of a special rate review should an unforeseen event or circumstance arise which jeopardizes the economic operations of the Contractor. A special rate review application may be considered at the option of the City if one or more of the following applies: a) An event or circumstance (including changes in law) occurs which is beyond the control of the contractor. b) Landfill tip fees change by more than 10 percent. c) Operating costs over which Contractor has no control change by more than 10 percent. 9. A change in Contractor rates pursuant to Section 8, above, shall be vested in the discretion of the City Council following a public hearing. At least 15 days prior to the public hearing, the Contractor shall submit to City staff complete and accurate financial data showing its operating costs, revenues, and rate of return for operations under this Contract. City staff may request, and Contractor agrees to provide, other or additional records as may be necessary to fully review Contractor's operations and rate requests. All such financial information submitted to the City shall be kept confidential. a) The City Council may grant a special rate request, reject it, or grant the request in part. Any change in customer rates shall be in the form of a rate resolution, which shall take effect no sooner than 30 days from the date of the public hearing. AGENDA I Page 145 of 176 10. If any provision or part of this Contract shall be declared illegal, void or unenforceable for any reason, the other provisions and parts shall not be affected but shall remain in full force and effect. 11. This Contract shall be governed by the laws of the State of Utah. The place of performance is Grand County, Utah, and any action to enforce or construe the agreement shall be commenced in the Seventh Judicial District Court of Grand County. 12. The parties to this Contract are the City of Moab and Bob's Sanitation, Inc. It is agreed that the City and the Contractor are now, and have always been, the sole and only parties to the Contract. The Contract is entered into for the purpose of providing a service for the use and benefit of the City. There are no known or intended third party beneficiaries to the Contract, and the parties specifically disavow any intent to confer rights of enforcement or review of this Contract upon any third parties. 13. This Contract is the product of mutual bargaining, and shall be construed in accordance with its plain meaning, regardless of the extent to which either party contributed to the drafting. 15. The following attachments are hereby approved as part of the Contract: Exhibit A General Specifications, Updated October 28, 2014; Exhibit B Municipal Code Sections 8.04.010 through 8.04.160 (for informational purposes only). CITY of MOAB Mayor David Sakrison ATTEST: City Recorder Rachel E. Stenta Bob's Sanitation, Inc. By:_ Title: Date: Date: Date: AGENDA I Page 146 of 176 State of Utah ) County of Grand ) On the day of , personally appeared before me who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County AGENDA I Page 147 of 176 *:4:11-.1191-1 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND DISPOSAL GENERAL SPECIFICATIONS Updated October 28, 2014 Table of Contents 1.00 DEFINITIONS 2.00 SCOPE OF WORK 3.00 WORKING CONDITIONS 4.00 COLLECTION FROM PUBLIC SITES 5.00 MATERIALS COLLECTED 6.00 CONTAINERS 7.00 COLLECTION OPERATION 8.00 EMPLOYEES 9.00 COMPLAINTS 10.00 LAWS, LICENSES, AND TAXES 11.00 NONDISCRIMINATION 12.00 INDEMNITY 13.00 INSURANCE 14.00 BOND 15.00 BASIS AND METHOD OF PAYMENT 16.00 TRANSFERABILITY OF CONTRACT 17.00 OWNERSHIP 18.00 TERMINATION 19.00 SUPPLEMENTARY INFORMATION 1.00 DEFINITIONS The following words and terms when used herein shall be defined as follows: 1.01 Approved Commercial Garbage Containers: Contractor furnished commercial bins (two - yard minimum capacity). These containers are designed for automated collection. All containers have permanently attached, tight -fitting lids, and will meet all State of Utah Department of Health regulations. 1.02 Approved Container: Containers approved by the City in its solid waste rate resolution, which are designed and suitable for automated solid waste collection. 1.03 Approved Residential Garbage Containers: 95-gallon containers provided by the City. These containers are designed specifically for automated collection, and are equipped AGENDA I Page 148 of 176 with wheels for easy movement by residents and other City users. All containers have permanently attached, tight -fitting lids. Such containers may be referred to as "Standard". 1.04 Automated Collection: Solid waste collection using specialized trucks capable of lifting and emptying specially designed solid waste receptacles. 1.05 Bob's Transfer Station: Transfer station operated by Bob's Sanitation located at 2295 South Hwy 191. 1.06 Bulky Wastes: Wastes that are not capable of being stored in the approved containers and cannot be picked up by automated collection vehicles, including items such as appliances, furniture, large tree branches, lawn sod, Christmas trees, etc. 1.07 Business: Location or structure used or occupied on a temporary or permanent basis for purposes of carrying on a trade or profession for a profit. 1.08 Centralized Collection: Shall be defined to mean a group of residences, as defined in Chapter 8.04 of the Moab Municipal Code, receiving solid waste collection at a single point utilizing a dumpster or other approved container, rather than individual cans kept by each dwelling. 1.09 Citv: The City of Moab and all lands within its municipal limits, as same may change from time to time. 1.10 Commercial: All classes of customers receiving solid waste collection services which, however denominated, are not classified as a residence, including, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds, inns, government buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities, workshops, warehouses, garages, businesses, or any other type of non-residential land use. 1.11 Commercial Users: Solid waste customers meeting the definition of "Commercial" in Section 1.10, supra. 1.12 Contractor: The person or legal entity performing residential and commercial solid waste collection and disposal under contract with the City. 1.13 Construction Waste: Waste defined as a Special Waste under City ordinances which includes building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, buildings, structures, or pavements. 1.14 Klondike Landfill: Landfill operated by the Grand County Solid Waste District located at 15350 N. Highway 191 (approximately 19 miles north of City limits). AGENDA I Page 149 of 176 1.15 Moab Landfill - Class IV Landfill operated by the Grand County Solid Waste Management District, located on Sandflats Road. 1.16 Residence or Residential: Solid waste customers consisting of a house, apartment, town home, condominium, mobile home, or other structure which is lawfully occupied as a human dwelling, but excluding hotels, motels, inns, campgrounds, or other dwellings lawfully operated as overnight accommodations. 1.17 Solid Waste: Commercial or residential garbage, refuse, trash, or other discarded material, including solids, liquids, and semi -solid materials such as food scraps, rags, cardboard, yard waste, glass, paper, plastics, cans, or wood, but excluding the types of waste defined as Special Wastes. 1.18 Special Waste: shall be defined to mean the following materials: 1. medical or infectious waste; 2. animal carcasses; 3. discarded appliances; 4. construction debris, including drywall; 5. motor vehicles; 6. sewage, sludge, or septage; 7. explosives; 8. toxic or hazardous wastes as defined by Utah or federal law; 9. materials collected for recycling; 10. used motor oil; 11. mining slag, drilling mud, or other wastes from mineral extraction or industrial operations; 12. ashes or other material which is combusting; and 13. materials which cannot be collected by the Contractor pursuant to the terms of the franchise agreement. 14. restaurant grease 15. large metal objects 1.19 Sundown: The time established by the National Weather Service for sundown in the Southeastern Utah area. AGENDA I Page 150 of 176 2.00 SCOPE OF WORK The work shall consist of all items contained in this document, including all necessary supervision, materials, equipment, labor and all other items necessary to complete the work in accordance with the Contract Documents. The Contractor is free, subject to any agreement privately entered into between the Contractor and others, to provide solid waste collection outside of the City. Work under this contract includes collection of solid waste from all City facilities, participation in cleanup campaigns and annual Christmas tree collection at established drop-offs, in coordination with the City. 3.00 WORKING CONDITIONS 3.01 Continuance of Service in Inclement Weather: The Contractor understands the City is subject to inclement weather conditions including but not limited to snow, high winds, rain, heat and flooding. In such situations involving inclement weather, Contractor will continue collection services. Where inclement weather causes interruption in service the Contractor shall promptly notify affected customers and make arrangements for resumption of service and collection of solid waste within twenty-four (24) hours of the cessation of any inclement weather event. 3.02 Excuse from Performance: The parties shall be excused from performance in the event of war, civil insurrection, seismic event, geological catastrophe, wildfire, sustained flooding, acts of God, or other similar events which are beyond the control of the parties and which render performance impossible. 3.03 Labor Disputes: Contractor shall not be excused from performance as a result of strike or labor unrest by its employees or subcontractors (if any), including work stoppage or slowdown, picketing, wildcat strike, or other similar organized job action. Contractor agrees that it shall provide suitable alternate employees and equipment for uninterrupted service in the event of any strike or job action. 3.04 Notice: Any party claiming excuse from performance shall provide notice to the other party not later than forty-eight (48) hours from the time that party has notice of any such event. Should any event described in Section 3.02 prevent performance for a period of ten (10) consecutive days, the parties stipulate that this contract shall terminate, each party to have no further liability to the other. 3.05 Collection Outside the Scope of Agreement: Solid waste or other excess material generated as a result of any of the events described in Section 3.02 shall not be regarded as within the scope of the work defined by this contract. Should such an unforeseen event described in Section 3.02 generate waste materials in excess of average solid waste volumes, under circumstances where the parties elect not to terminate this Contract, the parties agree to negotiate reasonable additional compensation to be paid the Contractor for collection of same. AGENDA I Page 151 of 176 4.00 COLLECTION FROM PUBLIC SITES 4.01 City Facilities: Work under this contract includes collection and disposal of all solid waste from all City facilities. Solid waste shall be collected from City facilities at rates established by Resolution of the City Council. Additional facilities may be added and the container size and collection schedule may be modified over the term of the contract. Prices for said additional services and changes shall be negotiated and approved in writing between the City Manager and the Contractor. 5.00 MATERIALS COLLECTED 5.01 Materials Collected: The Contractor shall collect all residential and commercial solid waste as generated within the City. 5.02 Special Waste: The Contractor shall not be required to provide collection service for materials defined as Special Waste under this Contract. Bulky waste, which cannot be accommodated by Contractor's equipment, shall also be excluded from this Contract. 6.00 VEHICLES AND CONTAINERS 6.01 Vehicles: A. General. Contractor shall provide a fleet of collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms and related City Ordinances (esp. Moab Municipal Code, Chapter 17. 76-Noise Ordinance). Contractor agrees to maintain each piece of equipment used by it in the performance of this Agreement in good order and repair. Contractor shall have sufficient back-up vehicles and qualified operators for each type of collection vehicle used to respond to complaints and emergencies available on collection days. B. Specifications. All vehicles used by the Contractor in providing solid waste collection services shall be registered with the Utah State Department of Motor Vehicles and shall meet or exceed all legal standards. The Contractor agrees to maintain all of its collection vehicles in compliance with the provisions of the Utah State Vehicle Code. C. Vehicle Identification. The Contractor's name, local telephone number, and a unique vehicle identification number designed by the Contractor for each vehicle shall be prominently displayed on all vehicles, in letters and numbers no less than two and one-half (2 1/2) inches high. The Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance. 1. General: The Contractor shall maintain all of its properties, facilities, and AGENDA I Page 152 of 176 equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times, and uniformly painted, to the satisfaction of the City Manager or his/her designee. 2. Cleaning: Vehicles used in the collection of solid waste shall be thoroughly washed and thoroughly steam cleaned on a regular basis so as to present a clean appearance and minimize odors. The City may require the painting of any vehicle that does not present a satisfactory appearance, as deemed by the City Manager or his/her designee, at any time. All graffiti shall be removed immediately. The City may inspect vehicles at any time to determine compliance with sanitation requirements. The Contractor shall make vehicles available to the Southeastern Utah District Health Department for inspection at any frequency it requests. 3. Maintenance: The Contractor shall inspect each vehicle on a regular basis to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Contractor shall also perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. The Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to the City upon request. 4. Repairs: The Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment, including dents or other body damage, for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a neat, safe and operable condition. If an item of repair is covered by a warranty, the Contractor shall obtain warranty performance. The Contractor shall maintain accurate records of repair, which shall include date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. Inventory: The Contractor shall furnish sufficient equipment to provide all service required under this Agreement, including backup collection vehicles. The Contractor shall furnish the City a written inventory of all vehicles ("Vehicle Inventory List"), including collection vehicles used in providing service, and shall update the inventory annually. The inventory shall list all vehicles by manufacturer, ID number, date of acquisition, type, capacity and decibel rating. 6. Storage: Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. 7. Operation: Vehicles shall be operated in compliance with the Utah State Vehicle Code and all applicable safety and local ordinances. The Contractor AGENDA I Page 153 of 176 shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. The Contractor shall use all reasonable means to minimize any backing of collection vehicles while on their routes. 6.02 Solid Waste Storage Containers A. Residential. The City shall provide sufficient approved containers for residential use. The City shall assist Contractor with delivery and assembly of residential containers as needed during the term of this agreement, and the Contractor shall provide personnel as necessary to record serial numbers of containers and the residences or locations to which they are delivered. Contractor shall assist the City with maintenance of containers. Contractor may take cans onto Contractor's premises for the purposes of minor repair and limited storage, as provided for in this section. City -provided containers will be stored at the City of Moab Public Works Yard, located on Kane Creek Blvd. Contractor shall make arrangements with the City to obtain cans for use pursuant to this Contract, and shall maintain records of cans in Contractor's possession. Within 72 hours of notification of damage, the Contractor shall repair or replace all containers damaged by the Contractor during the term of this Agreement, normal wear and tear excepted. It is further agreed that all 95-gallon residential containers are the property of the City. The City will provide replacement 95-gallon residential containers as needed as a result of ordinary wear and tear. B. Commercial. Commercial containers shall be provided by the Contractor. All containers with a capacity of one cubic yard or more shall meet applicable federal regulations on solid waste bin safety. Contractor shall provide rectangular commercial bins (two -yard minimum capacity) to commercial customers upon request. All containers provided by the Contractor shall be painted the Contractor's standard color and shall prominently display the name and telephone number of the Contractor. All non-residential bins and containers are to be maintained and cleaned by the Contractor at no charge to the customer. Provisions to lock containers shall be provided at customer request, at a rate to be determined between the Contractor and the customer. C. Repair and Replacement. Contractor shall repair or replace commercial containers damaged by collection operations or as a result of ordinary wear and tear at no cost to the City or customers, and shall replace residential containers damaged by collection operations. 6.03 Unapproved Containers: The Contractor shall not be required to collect solid waste unless it is in an approved container, as defined in Paragraph 1, except as otherwise provided for in this Agreement. 6.04 Special Services and Containers: The Contractor will provide, at no additional AGENDA I Page 154 of 176 cost, special service for handicapped persons or senior citizens not able to handle the 95-gallon approved garbage container. 6.05 Container Location: Contractor shall not be required to pick-up containers that are not within two feet of the blacktop. 7.00 COLLECTION OPERATION 7.01 Collection Point: Normal collection points are established in Moab Municipal Code Chapter 8.04. Commercial collection points shall be at a point negotiated between the Contractor and each Commercial user. 7.02 Hauling: All solid waste hauled by the Contractor shall be contained or enclosed so that leaking, spilling, or blowing of the material is prevented. In the event of any spillage by the Contractor, the Contractor shall immediately clean up the litter. The Contractor shall immediately clean up any fluid leaks emanating from the Contractor's collecting equipment, including but not limited to hydraulic fluids and oil. 7.03 Litter: The Contractor shall not litter premises in the process of making collections. The Contractor shall not be required to collect or clean up material that has not been placed in an approved container. 7.04 Disposal Only at Authorized Facilities: All residential and commercial solid waste collected shall be hauled by the Contractor to the landfill facilities as required by regulations, and as designated by the City. Contractor shall ensure that all waste collected by the contractor within City limits, is deposited at a facility operated by or franchised by the Grand County Solid Waste Management District. Approved facilities at present are the Klondike Landfill, the Moab Landfill, and Bob's Transfer Station. The Contractor shall become familiar with and abide by all rules, regulations, laws, contracts, provisions, etc., related to the use of such disposal facilities. 7.05 Collection Schedule: The Contractor shall prepare a collection schedule which shall ensure regular weekly collection service for residential customers, and daily or as needed service for commercial customers. Adequate equipment, forces and materials shall be made available by the Contractor to start work on the date ordered by the City and to comply with the collection schedule. The Collection schedule shall show the days of the week on which collection will be made at each residential unit in the collection zone. All regular residential collection shall be made Monday through Saturday. The Contractor shall coordinate with each commercial customer to determine the collection schedule for that customer. Commercial collection shall be made Monday through Saturday. The schedule should include accommodations for holidays as specified in Section 7.06. Adjustments may be made for holidays or emergencies upon prior written AGENDA I Page 155 of 176 approval by the City. Maps and schedules of collection routes shall be made available to the City upon request. 7.06 Holiday The following may be considered by the Contractor to be holidays for purposes of this contract: New Years Day Thanksgiving Day Christmas Day Contractor may observe some all of the above -mentioned holidays by suspension of collection service on that holiday. Should the Contractor elect to observe any of said holidays, the Contractor shall notify each and every residential customer in the City of the holiday collection schedule by newspaper notice, which the contractor shall cause to be published in a newspaper of general circulation. Notice shall be published at least two days prior but not more than seven days prior to the interruption of regular collection. The notice shall clearly state the new collection date and the area affected by the new collection date. If the collection is made the day immediately following the holiday, no published notice shall be necessary. 7.07 Time of Collection: The Contractor shall not commence collection of solid waste in residential areas prior to 7:00 A.M. or continue after 9:00 P.M., and prior to 6:30 am or after 9:00 P.M. in commercial areas, without approval of the City. The Contractor shall complete all regularly scheduled routes before sundown. 7.08 City Not Liable for DOW. In no event shall the City be liable or responsible to the Contractor or to any other person for or on account of any stoppage or delay in the work herein provided for or by any injunction or other legal equitable proceedings, or as a result of any delay for any cause over which the City has no control. 7.09 Books, Records, and Contract Confidentiality: The Contractor shall keep records of the volumes of waste collected and delivered to the landfill and of the charges therefore and agrees to furnish to the City said records upon request. The City shall have the right to review any records. 7.10 Tiepin_ Fees: The Contractor shall pay all tipping fees owing to the landfill or other solid waste facility. In the event that the Contractor does not pay tipping fees in a timely manner, as agreed upon between the Contractor and the solid waste facility, the City shall have the right to deduct the amount of tipping fees from the monthly payment from the City to the Contractor and pay same to the applicable facility. 7.11 Notification of Violations: The Contractor's employees shall notify property AGENDA I Page 156 of 176 owners of violations of the City's solid waste collection and disposal regulations. Notification shall be given by filling out and attaching to the solid waste can handle a violation notification form detailing the violation and remedy. The Contractor's employee shall keep a written record of all such notices distributed and shall furnish to the City said records upon request. 7.12 Contingency Plan: Contractor shall submit to City within 30 days of the Effective Date of this Agreement a written "Contingency Plan" demonstrating Contractor's arrangements to provide vehicles and personnel and to maintain uninterrupted service during mechanical breakdowns, and in case of natural disaster, strikes or other emergency, including events described above. The contingency plan shall identify specific personnel (e.g., management, contract labor, etc.) and equipment to be used, and the manner in which it will be used (e.g., double shifts, 7 days per week collection) to provide uninterrupted service during the mechanical breakdowns, and in case of natural disaster, strikes or other emergency, including events described above. 8.00 EMPLOYEES The Contractor agrees to prohibit any employee from working while under the influence of alcohol, drugs or while otherwise impaired. Employees who normally and regularly come into direct contact with the public shall bear some means of individual identification such as a nametag, hat or identification card. Employees driving the Contractor's vehicles shall at all times possess and carry a valid commercial driver's license issued by the State of Utah having a class required to operate the collection vehicle being operated. Contractor's employees, officers, agents and sub -contractors shall not, under any circumstances, be allowed to identify themselves or in any way represent themselves as being employees or agents of the City. 9.00 COMPLAINTS It is of the utmost importance that the services required under this contract be provided in a reasonable and responsive manner sufficient to develop and sustain adequate public acceptance and support of Contractor's services. As a condition of accepting this Contract, Contractor assures that service will be performed in this manner and to adhere to the following: 9.01 Office: The Contractor shall maintain a local telephone number and such other office facilities through which he/she can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 A.M. to 5:00 P.M. on regular business days. The office shall be within 10 miles of the City limits. The Contractor shall maintain the capability to receive service complaints by telephone (in person) during all normal working hours; and by telephone, in person, or by recorder at all other times. The Contractor shall furnish the City with after-hours telephone numbers for emergency response. AGENDA I Page 157 of 176 9.02 Response and Resolution: The Contractor shall resolve all complaints regarding services in a prompt, courteous and expeditious manner. Whenever the Contractor receives notification of locations which have not received scheduled service, the Contractor shall provide collection before 9:00 P.M. the same day, if notice is received before 1:00 P.M. If notice is received after 1:00 P.M. collection shall be provided before 10:00 A.M. the following day. 9.03 Documentation: The Contractor shall maintain a permanent log of all significant service complaints. The Contractor shall submit a summary of this log to the City upon request. 9.04 Performance Standards and Liquidated Damages Should the daily average or verified missed residential services exceed 2% of the residential units during any month, liquidated damages equal to $10.00 times the number of missed services shall be deducted from the Contractor's payment. Should the daily average of verified missed commercial services exceed 1 % of the total number of commercial accounts during any month, liquidated damages equal to $20.00 times the number of missed services shall be deducted from the Contractor's payment. On the second notice of any verified uncorrected complaint, the City may, at its option, remedy the complaint and assess $50.00 liquidated damages, to be deducted from that month's payment. The Contractor and the City recognize that the City will suffer damage if the Contractor fails to comply with the aforesaid provisions, that such damages would be difficult to ascertain, and that the aforesaid sum is a reasonable and agreed estimate of the City's actual damages for each such failure of the Contractor. 10.00 LAWS, LICENSES, AND TAXES The Contractor shall conduct operations under this Contract in compliance with all applicable laws. The Contractor shall obtain all licenses and permits, and promptly pay all taxes required by governmental agencies. 11.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 12.00 INDEMNITY The Contractor shall indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs and expenses, and attorneys' fees incident to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants AGENDA I Page 158 of 176 and employees; provided however, that the Contractor shall not be liable for any suits, actions legal proceedings, claims, demands, damages, cost, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants, and employees. 13.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Worker's Compensation, Public Liability, and Property Damage Insurance as provided herein. All insurance shall be by insurers and for policy limits acceptable to the City and shall name the City as an additional insured entity. Before commencement of work the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligation: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice shall be given the certificate holder." 13.01 Coverage Amounts For the purpose of Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Coverage Worker's Compensation Bodily Injury Liability Except Automobile Automobile Bodily Injury Liability Automobile Property Damage Liability 14.00 BOND Limits of Liability Statutory $2,000,000 each occurrence $2,000,000 aggregate $2,000,000 $2,000,000 each occurrence $2,000,000 each occurrence 14.01 Performance Bond: For the duration of the contract Contractor shall execute, deliver, and maintain at its own expense a financial guarantee in a form AGENDA I Page 159 of 176 acceptable to the City for the purpose of securing the satisfactory performance of the obligations contained in this agreement. The performance guarantee shall be in the form of a surety bond, letter of credit, or certificate of deposit issued by a bank, insurance company, or other reputable financial institution. In the event of default, as defined in the contract, the City shall be entitle to draw upon the financial guarantee up to its stated limits for the purpose of reimbursing or obtaining payment for any and all direct, incidental, and consequential damages resulting from breach, including costs incurred collecting or contracting for the collection of solid waste. The amount of the financial guarantee shall not be less than one hundred thousand dollars ($100,000.00). Contractor shall satisfy this Section by providing a certificate of deposit or letter of credit in the amount of one hundred thousand dollars or a combination of a certificate of deposit or letter of credit in the amount of $50,000.00 and a surety bond in the amount of $50,000 to meet the required amount. The parties agree that any certificate of deposit or letter of credit provided the Contractor under this Section shall be the Primary Guarantee of performance. In the event of default, the Primary Guarantee shall be drawn upon first by the City, until such time as all funds are exhausted. Upon exhaustion of the Primary Guarantee, the City shall be entitled to draw upon the surety bond, which shall be regarded as the Secondary Guarantee. Any change in the instrument(s) used to satisfy the financial guarantee shall be approved in advance in writing by the City Manager. The surety on the performance bond shall be a licensed corporate surety authorized to transact business in the state of Utah. A current power of attorney authorizing the signatory to sign for and bind the surety shall accompany each surety bond posted under this Section. 15.00 BASIS AND METHOD OF PAYMENT 15.01 Rates and Charges: Contractor shall be paid for solid waste collection services actually performed at rates established by Resolution of the City Council. 15.02 Collection and Billing Charges: The City shall prepare for the Contractor's approval a billing summary that shows the total amount billed to customers as provided for herein. Said billing summary shall be presented by the City Treasurer to the Contractor for review and approval by the last day of each month. Contractor shall review and approve the billing summary within two business days of presentation to the Contractor by the City Treasurer. Within three calendar days after Contractor approves the billing summary, City shall pay Contractor the amount shown on the approved billing summary. The approved billing summary shall constitute a written request for payment by the Contractor. The Contract Revenue payable to the Contractor shall be the amount billed to customers pursuant to the approved request for payment, less the sum of five percent which shall be retained by the City as payment for performing billing AGENDA I Page 160 of 176 services. Adjustments to any month's billing summary may be made in subsequent months if approved in writing by the City Treasurer and the Contractor. In its discretion, the City may deduct from Contract Revenue any refund owing a customer due to a billing error, retroactive to a maximum of three months (without pro -ration) from the date the correction is made. In the event that the City determines from time to time that a customer account is deemed uncollectible, as provided for in subsection A below, then the parties agree that the Contractor's 50% share of the uncollected sums shall be deducted from the Contract Revenue payable on the next succeeding month. Review of uncollectible accounts shall take place at least annually. A. The City shall promptly pursue collection of unpaid accounts, whether by issuing shut-off notices or by other collection means, and sums collected shall be included in the Contract revenue owing the Contractor, as defined above. In the event that the City determines, in its discretion, that delinquent accounts are uncollectible, then the parties agree that fifty percent (50%) of the sums owing and deemed uncollectible shall be excluded from the Contract revenue. B. Where solid waste and culinary water service is suspended by the City due to non- payment by the customer, the City shall promptly notify the Contractor and solid waste service shall be suspended until the sums owing are either paid by the customer or the City is otherwise obligated to restore service. C. This Section 15.02 shall not apply to accounts which are delinquent and unpaid prior to the execution by both parties of the Solid Waste Franchise Agreement renewal. 15.03 Unoccupied Residential Units. Residential units, which are unoccupied for periods in excess of thirty days, as determined by the City Treasurer, shall not receive solid waste collection service and shall not be counted toward the total revenue payable to the Contractor under this Section. Contractor shall be notified when residential units are unoccupied and shall be allowed to suspend service and remove the approved containers. 15.04 Type of Use Controls Rates The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of can used by the customer. Properties with more than one land use shall be charged the higher applicable rate. 16.00 ASSIGNMENT No assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liabilities and obligations of the AGENDA I Page 161 of 176 Contractor under this Contract. 17.00 OWNERSHIP 17.01 Title to Solid Waste: Title to all solid waste that Contractor has agreed to accept shall pass to the Contractor when placed in Contractor's collection vehicle, is removed by Contractor from a container, or is removed by Contractor from the Residential or Commercial Unit, whichever last occurs. Contractor does not agree to collect or accept Special Waste as defined herein and does not agree to accept title to such Special Waste. Contractor will use their best efforts to recover any items which a resident or business may have inadvertently or unintentionally deposited in a container, and if located, will relinquish possession and title to such resident. 18.00 DEFAULT AND TERMINATION All terms and conditions contained in this agreement shall be regarded as material, including collection standards, and the failure to perform any part of this contract shall constitute a breach of contract. In addition, the following events shall constitute breach: a. Failure by act or omission to perform any provision of this Contract agreement, when such failure is not cured within two (2) business days of delivery of written notice of same to the Contractor. Nothing in this section shall be construed to excuse breaches which are not subject to notice under this section. Likewise, subsequent or repeat notices of breach shall not be required where additional or similar violations of the same contract provision occur. b. The filing by Contractor or other interested party of a petition in bankruptcy or receivership, however denominated, or other similar pleading or court process seeking relief from debt or debt reorganization. C. Assignment of all or substantially all of the Contractor's assets, equipment, corporate stock, or other indicia of ownership without prior approval of the City. d. Failure generally by the Contractor to pay debts incurred in the performance of this contract as they become due. e. The seizure by a creditor, whether by pre- or post judgment process, of equipment, inventory, or funds used or necessary for the performance of this contract. f. The service upon the City of writs of garnishment or other process or demands of financial guarantee encumbering contract funds by a creditor of the Contractor. g. Failure to provide adequate assurances of performance upon demand by the City. 18.1 Termination: The City shall be entitled to terminate the agreement for cause upon delivery of written notice to the Contractor, which termination shall take effect not less than five (5) days from delivery of notice. The City shall not be required to seek or provide a pre -termination administrative or judicial hearing. AGENDA I Page 162 of 176 APPROVED AND ACCEPTED AS SET FORTH BELOW. Bob's Sanitation, Inc. By:_ Title: Date State of Utah ) County of Grand ) On the day of , personally appeared before me who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County City of Moab By: David Sakrison, Mayor Attest: Date By: Rachel E. Stenta, City Recorder Date AGENDA I Page 163 of 176 EXHIBIT B Chapter 8.04 SOLID WASTE ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. 8.04.020 Mandatory collection. 8.04.030 Rates and charges. 8.04.040 Automated collection and point of collection. 8.04.050 Collection schedule; time of placement. 8.04.060 Rules and regulations. ARTICLE II. HEALTH AND SAFETY 8.04.070 Accumulations and disposal on property prohibited. 8.04.080 Burning prohibited. 8.04.090 Dumping prohibited. 8.04.100 Pre -enforcement notice. 8.04.110 Abatement. 8.04.120 Collection. 8.04.130 Criminal enforcement. 8.04.140 Successive violations. ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. The following definitions shall apply to this chapter: "Approved commercial garbage containers" means contractor -furnished commercial bins (two -yard minimum capacity). These containers are designed for automated collection. All containers have permanently attached, tight -fitting lids, and will meet all state of Utah Department of Health regulations. "Approved container" means containers approved by the city in its solid waste rate resolution, which are designed and suitable for automated solid waste collection. "Approved residential garbage containers" means ninety -five -gallon containers provided by the city. These containers are designed specifically for automated collection, and are equipped with wheels for easy movement by residents and other city users. All containers have permanently attached, tight -fitting lids. Such containers may be referred to as "Standard." "Automated collection" means solid waste collection using specialized trucks capable of lifting and emptying specially designed solid waste receptacles. "Business" means a location or structure lawfully used or occupied, on either a AGENDA I Page 164 of 176 temporary or permanent basis, for purposes of carrying on a trade or profession for a profit. "Centralized collection" means a group of residences, as defined in this chapter, receiving solid waste collection at a single point utilizing a dumpster or other approved container, rather than individual cans kept by each dwelling. "City" means the city of Moab and all territory within its municipal limits as same may change from time to time. "Commercial" means all classes of customers receiving solid waste collection service which, however denominated, are not classified as a residence, including, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds, inns, government buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities, workshops, warehouses, garages, businesses or any other type of nonresidential land use. "Contractor" means the person authorized by contract with the city to collect and dispose of solid waste generated within the city limits. "Residence" or "residential," as applied in this chapter, means those solid waste customers consisting of a house, apartment, town home, condominium, mobile home, or other structure which is lawfully occupied as a human dwelling, but excluding hotels, motels, inns, or other dwellings lawfully operated as overnight accommodations. "Solid waste" means commercial or residential garbage, refuse, trash, or other discarded material, including liquids and semisolid materials such as food scraps, rags, cardboard, yard waste, glass, paper, plastics, or wood, but excluding the types of waste described in "special waste." "Special waste" means the following materials: Medical or infectious waste; 2. Animal carcasses; 3. Discarded appliances; 4. Construction debris; Motor vehicles; 6. Sewage, sludge, or septage; 7. Explosives; AGENDA I Page 165 of 176 Toxic or hazardous wastes as defined by Utah or federal law; 9. Materials collected for recycling; 10. Used motor oil; 11. Mining slag, drilling mud, or other wastes from mineral extraction or industrial operations; 12. Ashes or other material which is combusting; 13. Bulky materials which cannot be collected by the contractor using automated collection pursuant to the terms of the franchise agreement; 14. Restaurant grease; and 15. Large metal objects. (Ord. 04-06 (part), 2004) 8.04.020 Mandatory collection. Solid waste shall only be collected within the city limits by the approved contractor pursuant to the terms of a solid waste collection franchise agreement with the city. As defined in this chapter, every residence or commercial establishment shall be required to receive and pay for solid waste collection services from the city. Nothing in this chapter shall be construed to prohibit a person from hauling residential or commercial solid waste or special waste generated from a location owned by that person to an authorized disposal facility, provided that the owner shall at all times remain liable for solid waste collection service charges assessed by the city pursuant to this chapter. (Ord. 04-06 (part), 2004) 8.04.030 Rates and charges. Rates for solid waste collection shall be established and modified from time to time by the city council. Every solid waste customer within city limits, whether residential or commercial, receiving culinary water or sewer service from the city, shall be billed for solid waste service together with water or sewer service charges. As provided for water and sewer service charges, the owner of every property required to receive solid waste collection services shall be required to execute an application agreeing to be liable for all charges for service. In the event that a property owner fails or refuses to pay for solid waste service, the city shall be authorized to discontinue providing solid waste service and to disconnect the culinary water service connection to the property until all accrued charges have been paid in full. Prior to terminating service, the city shall deliver a written notice of default to the owner advising that if payment is not made in full by a date specified, the city will discontinue solid waste and culinary water service to the property. Any person wishing to contest a notice issued under this AGENDA I Page 166 of 176 section may request a hearing before the city council pursuant to Section 8.04.100 of this chapter. A. Solid waste charges may be suspended for residential customers for periods of time in excess of thirty days when the residence is unoccupied, provided that the property owner provides written notice to the city treasurer of same. During the period the residence is unoccupied, culinary water service and solid waste service shall be suspended. In no case shall solid waste service be suspended pursuant to this subsection during a time in which the residence also receives culinary water service. B. Each residential unit shall be billed separately for solid waste service, unless centralized collection is authorized pursuant to Section 8.04.040 of this chapter. Rates assessed on residential customers shall be assessed on a per unit basis. C. In its discretion, the city may issue a refund to a customer due to a billing error, retroactive to a maximum of three months (without proration) from the date the correction is made. D. The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of container used by the customer. Properties with more than one land use shall be charged the higher applicable rate. (Ord. 04-06 (part), 2004) 8.04.040 Automated collection and point of collection. All solid waste shall be deposited into approved containers for automated collection by the contractor. The point of collection shall be at the curb of a public street or alley. In the event that the property of the customer is not adjacent to a public street or alley, the customer shall place the container in the next most accessible location acceptable to the contractor, which may be on private property. Property owners shall allow the contractor reasonable access to their property for purposes of collection. A. Centralized collection may be authorized by the city for residential customers where site constraints make individual can service impracticable, and where there is an individual property owner or entity that assumes liability for payment of all solid waste collection services. The city shall provide such authorization in writing. The rate owing for such service shall be based upon the centralized collection rate multiplied by the number of residential units. Residential customers utilizing centralized collection not authorized by the city shall pay the standard residential rate. (Ord. 04-06 (part), 2004) AGENDA I Page 167 of 176 8.04.050 Collection schedule; time of placement. Collection of solid waste shall be pursuant to schedules established by the city and contractor, except that customers can request and pay for additional pickups in accordance with approved rates as needed. Solid waste shall not be placed out for pickup more than twenty-four hours before a scheduled pickup. Empty cans shall be promptly removed from the curb within twenty-four hours of pickup. (Ord. 04-06 (part), 2004) 8.04.060 Rules and regulations. City staff may promulgate additional rules and regulations as are necessary or appropriate to implement this chapter. All such regulations shall be written and made available to the public. (Ord. 04-06 (part), 2004) ARTICLE II. HEALTH AND SAFETY 8.04.070 Accumulations and disposal on property prohibited. No owner or lessee of real property shall knowingly allow or cause solid waste or special waste to be deposited, disposed, or otherwise allowed to accumulate upon property which is not zoned and licensed as a storage or disposal site. A. Accumulations of solid waste or special waste as a result of ordinary commercial or residential activities is permitted in advance of regularly scheduled pickups, provided that all solid waste is housed in approved containers, and any special waste is properly contained so as to prevent odors, fumes, leaks, dust, insects, unsightly debris, animal infestations, or other hazardous conditions or nuisances. (Ord. 04-06 (part), 2004) 8.04.080 Burning prohibited. No person shall knowingly cause or allow solid waste or special waste to be burned or incinerated within the city. (Ord. 04-06 (part), 2004) AGENDA I Page 168 of 176 8.04.090 Dumping prohibited. No person shall knowing dump, leave, deposit, or release solid waste or special waste upon any real property within the city, except in conformity with local zoning requirements and applicable state and federal regulations. (Ord. 04-06 (part), 2004) 8.04.100 Pre -enforcement notice. Prior to commencing any civil enforcement or collection proceedings for a default or other violations of this chapter, the city shall first deliver written notice to the affected person advising of the nature of the violation and allowing a reasonable opportunity to cure or abate the violation, or request a hearing before the city council. A person wishing to contest a notice issued under this section may request a hearing by delivering written notice to the city prior to the expiration of the cure period. A timely notice shall stay enforcement proceedings until a hearing can be held. The city council's decision shall be final for purposes of seeking judicial review or enforcement. The exhaustion of this administrative remedy shall be a jurisdictional prerequisite to a judicial action by any person challenging the validity of any enforcement or administrative action by the city. (Ord. 04-06 (part), 2004) 8.04.110 Abatement. In the event that a party fails to cure or abate a violation, the city may, in its discretion, elect to remove or dispose of the offending solid waste or special waste. The city, or its designee, shall be authorized to enter upon private property for the purpose of removing or abating the violation. The owner of the real property shall be liable to the city for all actual costs incurred in cleaning up or abating the violation. (Ord. 04-06 (part), 2004) 8.04.120 Collection. In addition to all other remedies, the city may commence a civil action to collect any sums owing pursuant to this chapter, or to obtain mandatory injunctive relief. In any injunctive proceeding, the city need only prove the violation of the ordinance to obtain injunctive relief. A. In no instance shall an owner or real property be held liable for solid waste, water, or sewer service charges incurred by a prior owner of the property. B. In its discretion, the city may elect to commence a civil action to collect any debt owing under this chapter. In any civil proceeding where liability is imposed, the city shall be entitled to recover its reasonable attorney fees and court costs, in addition to the relief authorized by this chapter. (Ord. 04-06 (part), 2004) AGENDA I Page 169 of 176 8.04.130 Criminal enforcement. In addition to all other remedies, any violation of this chapter shall be punishable as a criminal Class B misdemeanor, as provided under U.C.A. 76-3-204 and 76-3-301. In any criminal enforcement proceeding, the court shall have jurisdiction to assess costs, order restitution to victims, or require abatement of violations, as provided by law. (Ord. 04-06 (part), 2004) 8.04.140 Successive violations. Each day of a continuing or ongoing violation of this chapter may be prosecuted as a separate offense for purposes of all remedies authorized by this chapter. (Ord. 04-06 (part), 2004) AGENDA I Page 170 of 176 agenda Summary AMOA111 6`4CITY COUNCIL MEETING �Stober28, 2014 I MU i8 PL-14-OO9 Agenda Item #: 7-3 Title: Consideration of Draft Versions A and B of an Ordinance for a Temporary Land Use Regulation to Enact a Six Month Delay in Accepting Applications for the Conversion of Apartment Dwelling Units to Short Term Rentals and/or to Provide a Six Month Delay in Accepting All Applications for Short Term Rental Development as Referred to the City Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Background/Summary: Members of the Planning Commission have determined that the need for attainable housing for many income levels has reached a crisis situation; the Commission is asking that Council adopt the ordinance to curtail any acceptance of applications for short term rentals until reasonable tools are in place to encourage developers to provide attainable housing for residents of Moab. The Commission reviewed two versions of the ordinance and requested that both versions be presented to Council. The first version addresses the conversion of apartment units to short term rentals (fewer than 31 days) in all zoning districts, the second addresses a moratorium on all development of short term accommodations. Both versions: 1. Prohibit City Staff from accepting applications for development of short term rental units, 2. Establishes a six month time period for the ordinance to expire; 3. Allows a one month extension by Council if it is necessary; 4. Exempts developments that have submitted a "complete application". The six month time period for the delay in accepting applications is derived from state law and has a one-time extension by Council of an additional month. Council may terminate the Temporary land Use Ordinance at any time prior to the expiration of the time period. Also, those developments that have already submitted complete applications are exempt from this ordinance because State law establishes vested rights in a project at the stage of "complete application". (MMC 17.06, Definitions. See addendum below) Description/Reasons for adoption An ordinance that enacts temporary land use regulations (also called a "moratorium") is a mechanism by which a zoning regulation is adopted for a limited period of time without having to go through the normal process of public hearings. A temporary land use regulation may be adopted to address any one of three situations: a. The local government finds that there is a compelling public interest that justifies the temporary regulation, b. There is an area that is unregulated by zoning ordinances, or c. A proposed highway corridor is being studied for an Environmental Impact Statement or a Major AGENDA I Page 171 of 176 Page 2 of 2 Investment Study. A "compelling interest" relates to a substantial risk to the public's health, safety, or welfare that should be addressed through a temporary regulation. A temporary land use regulation may adopt any type of zoning regulation, up to and including a prohibition of all development for a limited time. A regulation may also temporarily prohibit certain types of land uses or development. While the temporary regulation is in place, Council has time to address the situation through the normal process to adopt zoning ordinances. The temporary regulation expires at the end of the effective period unless extended by Council. If no permanent regulations or amendments have been adopted, the zoning ordinances that were in place when the temporary regulation was first enacted become effective again. Adoption process The City Council as the governing body may adopt a temporary land use ordinance. The notice provisions normally applicable to zoning ordinances do not apply, and prior consideration by a planning commission is not required. Options: The City Council can: 1. Adopt Ordinance #2014-11 Version A and enact a moratorium delaying submittal of any application that consists of conversions of apartments to short term rentals, with or without revisions; 2. Adopt Ordinance #2014-11 Version B and enact a moratorium delaying submittal of any application that consists of short term rentals, with or without revisions; 3. Postpone action on the temporary land use Ordinance; 4. Deny approval of this temporary land use regulation in any form. Staff Recommendation: This is a policy decision. Staff does not have a recommendation to offer. Attachment(s): Draft versions A and B of Ordinance #2014-11 Addendum "Complete application" means an application shall not be considered complete unless and until" means (1) all of the required information and submittal materials in the amounts and dimensions required by this code have been submitted to and received by the city department or official specified in this code; and (2) the city planner or a duly -appointed representative, has certified the application as "complete." The decision of the city planner with respect to completeness and applicability of submittal requirements shall be final. This requirement pertains to all applications for preliminary and/or final plats of a subdivision, a planned unit development, zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, or any other similar land use designation that is used by a local government, but does not include building permit applications. AGENDA I Page 172 of 176 Draft- Version A ORDINANCE #2014-11 AN ORDINANCE ESTABLISHING A SIX-MONTH TEMPORARY LAND USE REGULATION PROHIBITING THE CONVERSION OF DWELLINGS TO SHORT TERM RENTAL UNITS WHEREAS, the City is aware of the negative impacts of the general deficiency of affordable housing on the community and the conversion of long-term rental apartments to short-term use; and WHEREAS, Moab Municipal Code Section 17.09.700, defines short-term rentals as "The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-family or multifamily occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less;" and "The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less." WHEREAS, as established by the City, providing and maintaining affordable housing stock within the City of Moab is an immediate and overriding concern; and WHEREAS, the General Plan establishes the goal, "To follow a housing strategy that meets the needs of current residents, anticipates growth in housing needs, promotes a cohesive, small-town environment, supports a high quality of life, and addresses the problems of affordable housing."; and WHEREAS, the General Plan also contains the goal and implementation, to provide or make available affordable housing for all Moab residents by encouraging and creating incentives for developers to provide housing for employees and encourage employers in the City to assist in finding, and possibly providing, housing for temporary and seasonal workers; and WHEREAS, members of the Moab Planning and Zoning Commission have discussed the shortage of affordable housing units for residents to live in who work for local business owners; and WHEREAS, the City's current land use and zoning regulations are inadequate to provide the types of affordable housing to address the impacts; and WHEREAS, the Planning and Zoning Commission recommends that a Temporary Land Use Ordinance be approved by Council to allow time for an in depth discussion of various tools that the city may adopt to generate affordable housing; and WHEREAS, Council reviewed Ordinance #2014-00 and the recommendation of the Planning and Zoning Commission in a regularly scheduled and duly advertised public meeting on , 2014, to discuss the housing issues and the outcome of this Temporary Land Use Ordinance; and WHEREAS, further analysis is needed in order to develop appropriate conditions, incentives, and/or mandatory regulations to develop affordable housing throughout the city; and WHEREAS, the city requires up to six months to engage in the research and planning process to develop the aforementioned zoning regulations and mitigation measures. NOW, THEREFORE, WE, the governing body of the City of Moab, do hereby ordain as follows: Except for those projects that have submitted a complete development application: Page 1 of 2 AGENDA I Page 173 of 176 Draft- Version A 1. The conversion of long-term rental properties to short-term rental properties is hereby prohibited in all zones during the effective period of this ordinance. 2. No development application shall be accepted and no building permit shall be issued for any structure proposed for conversion to short-term rentals. 3. The City of Moab Zoning Administrator shall be authorized to enforce this ordinance. 4. This ordinance shall take effect immediately upon passage and shall expire no later than six (6) months following the effective date of this ordinance, unless rescinded or extended by action of the governing body. Passed and approved by action of the Governing Body of the City of Moab in open session this day of 92014. City of Moab Mayor David L. Sakrison Attest: Rachel Stenta City Recorder pAplanning department\2014\ordinances\ordinance 2014-02 hapstandards.don Page 2 of 2 AGENDA I Page 174 of 176 Draft Version B ORDINANCE #2014-11 AN ORDINANCE ESTABLISHING A SIX-MONTH TEMPORARY LAND USE REGULATION PROHIBITING THE CONSTRUCTION OR CONVERSION OF SHORT-TERM RENTALS WHEREAS, the City is aware of the negative impacts of the general deficiency of affordable housing on the community and the continued development of short-term rental hotel units and the conversion of long-term rental apartments to short-term use; and WHEREAS, Moab Municipal Code Section 17.09.700, defines short-term rentals as "The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-family or multifamily occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less;" and "The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less." WHEREAS, as established by the City, providing affordable housing within the City of Moab is an immediate and overriding concern; and WHEREAS, the General Plan establishes the goal, "To follow a housing strategy that meets the needs of current residents, anticipates growth in housing needs, promotes a cohesive, small-town environment, supports a high quality of life, and addresses the problems of affordable housing."; and WHEREAS, the General Plan also contains the goal and implementation, to provide or make available affordable housing for all Moab residents by encouraging and creating incentives for developers to provide housing for employees and encourage employers in the City to assist in finding, and possibly providing, housing for temporary and seasonal workers; and WHEREAS, the Moab Planning and Zoning Commission reviewed the shortage of affordable housing units for residents to live in who work for local business owners; and WHEREAS, the City's current land use and zoning regulations are inadequate to provide the types of affordable housing to address the impacts; and WHEREAS, the Planning and Zoning Commission recommends that a Temporary Land Use Ordinance be approved by Council to allow time for an in depth discussion of various tools that the city may adopt to generate affordable housing; and WHEREAS, Council reviewed Ordinance #2014-00 and the recommendation of the Planning and Zoning Commission in a regularly scheduled and duly advertised public meeting to discuss the housing issues and the outcome of this Temporary Land Use Ordinance on _, 2014; and WHEREAS, further analysis is needed in order to develop appropriate conditions, incentives, and/or mandatory regulations to develop affordable housing throughout the city; and WHEREAS, the city requires up to six months to engage in the research and planning process to develop the aforementioned zoning regulations and mitigation measures. NOW, THEREFORE, WE, the governing body of the City of Moab, do hereby ordain as follows: Page 1 of 2 AGENDA I Page 175 of 176 Draft Version B Except for those projects that have submitted a complete development application: 1. The erection or construction of any short-term rental establishment and conversions of long-term rental properties to short-term rental properties is hereby prohibited in all zones during the effective period of this ordinance. 2. No development application shall be accepted and no building permit shall be issued for any structure proposed for short-term rentals. 3. The City of Moab Zoning Administrator shall be authorized to enforce this ordinance. 4. This ordinance shall take effect immediately upon passage and shall expire no later than six (6) months following the effective date of this ordinance, unless rescinded by action of the governing body. Passed and approved by action of the Governing Body of the City of Moab in open session this day of 52014. In effect immediately upon passage. City of Moab Mayor David L. Sakrison Attest: Rachel Stenta City Recorder pAplanning department\2014\ordinances\ordinance 2014-02 hapstandards.don Page 2 of 2 AGENDA I Page 176 of 176