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HomeMy Public PortalAboutPKT-CC-2010-01-12CITY OF MOAI3 JANUARY 12, 2010 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMI3ERS (217 EAST CENTER STREET) Page 1 of 96 Page 2 of 96 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab — Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, January 12, 2010 at 7:00 p.m. 411111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. Call to Order: Pledge to Flag: SECTION 1: APPROVAL OF MINUTES 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: CONSENT AGENDA 4-1 Request to Send a Conditional Use Permit for Ben Byrd for Thirty-one Twin Homes in the Preserve Subdivision to Public Hearing 4-2 Request to Send Proposed Ordinance #2010-01 - An Ordinance Amending the City of Moab Land Use Code Chapter 17.55, Hillside Developments as Applied in all Zones to Public Hearing 4-3 Request to Send Proposed Ordinance #2010-02 - An Ordinance Amending Title 10. Vehicles and Traffic, Specifically Chapter 10.04, Vehicle Code, and more Specifically, Chapter 10.04.230, Unlawful Parking - Vehicles Left Standing for more than Forty -Eight Hours and Overnight Camping in Vehicles to Public Hearing SECTION 5: NEW BUSINESS 5-1 Request for Approval of a Moved -on Structure Permit by Tad Brown, d.b.a. Fuoco Pizza, to Conduct a Catering Page 3 of 96 Vending Cart Located at 90 North Main Street from March 1 to September 1, 2010 5-2 Request for Approval of an Amplified Music Event at Old City Park by Carla Baker on June 18, 2010 5-3 Confirmation of Mayoral Appointment of Statutory Appointees: a. City Recorder b. City Treasurer c. Public Works Director d. Chief of Police 5-4 Confirmation of Mayoral Appointment to the Moab City Planning Commission 5-5 Confirmation of Mayoral Appointment of City Representative to the Grand County Solid Waste Special Service District Board 5-6 Council Appointment of the Mayor Pro-Tem 5-7 Council Designation of a Councilmember Responsible for Approving Bills 5-8 Award of the Workers' Compensation Insurance Coverage Bid 5-9 Approval of Proposed Resolution #01-2010 - A Resolution of Support and Commitment for the Lions Park Trail and Transit Hub Transportation Enhancement Grant Application 5-10 Approval of Proposed Resolution #02-2010 - A Resolution Establishing Fees for Recreation Facilities 5-11 Approval of Proposed Resolution #03-2010 - A Resolution Approving the Drinking Water Source Protection Plan for the Lionsback Development SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/ COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: PAY THE BILLS AGAINST THE CITY OF MOAB SECTION 11: 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 Page 4 of 96 City of Moab Planning and Zoning Department Inter -office Correspondence PL-os-iso November 6, 2009 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Call for Public Hearing for the Approval of the Conditional Use Permit for Thirty -One Twin homes in The Preserve Subdivision as Submitted by Ben Byrd, and Referred to Council by the Planning Commission Background Mr. Byrd has submitted a preliminary plat for The Preserve Subdivision that was reviewed by the planning commission during a public hearing on November 12, 2009. The submitted plat indicated that there were thirty-one (31) lots set aside for twin homes and that eight (8) of these lots are located in Phase One of the development. Twin homes are conditional uses. The property is located in the R-2 Zone and the required lot size is an area of not less than seven thousand two hundred square feet for each one -family dwelling. For two-family dwellings, the building site must contain at least ten thousand square feet. The minimum width of any building site for a one -family dwelling or other buildings in the R-2 Zone is required to be seventy-five linear feet plus ten (10) additional linear feet for each additional dwelling. This measurement is taken twenty-five feet back from the front lot line of each lot. The Planning Commission reviewed this conditional use permit application at a regular meeting held on December 10, 2009, and through unanimous adoption of Planning Resolution 14-2009, recommend that Council approve the permit for this residential use. Two conditions were identified in the resolution: 1. A Party Wall Agreement shall be created for each twin home; 2. The dimensional requirements of the proposed lots in Phase One and all subsequent phases shall be met; Page 5 of 96 City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 Discussion Page 2 of 4 A "Conditional use" is generally defined 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." Twin homes fall under this defined category of conditional uses in the zones that allow them, and a review is required for this development. Code Chapter 17.09.630, Conditional use, states that Council and the planning commission may approve twin -home ownership as defined in Section 17.06.020 (definition of dwelling, two- family) of any two-family dwellings where two-family dwellings are a permitted use in a particular zone; such approval to be subject to such conditions as the planning commission may impose on the particular application for it. "Dwelling, two-family" is defined in 17.06.020 as, "...a building containing two separate dwelling units each of which is designed for or occupied by one family. A twin -home shall be a two- family attached or semi -attached dwelling, subdivided into two separately owned parcels of land underlying said twin -home, but with the requirement that each dwelling unit in said home share a common boundary pursuant to a party wall agreement." Requirements The specific requirements established in the code for this conditional use are that the dimensional requirements of the lot size and yards for the R-2 zone and a party wall agreement must be met. However, the code also specifically states that for twin homes, "approval may be subject to such conditions as the planning commission may impose on the particular application...." In addition, general review criteria for the approval of all conditional use applications is established in Code section 17.09.530, Conditional use permits, subsection H, and allows the city to establish conditions to satisfy these standards. "H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. The applicant shall adequately demonstrate that the criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent Page 6 of 96 City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 Page 3 of 4 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. 9. After considering the public comment relating 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 for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and 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." Subsection J also requires that conditional use permits will be held to the maximum density of Page 7 of 96 City of Moab City Council Conditional Use permit- Twin Homes The Preserve Subdivision 01-05-2010 PL-10-00 the underlying zone district. This proposal satisfies this standard. Page 4 of 4 Subsection K contains specific performance criteria establishing that any approved conditional use permit must be commenced within one year of the time the permit is issued. It also allows for an expiration of the permit if the permit holder has not commenced action under the permit within this period of time and that the holder must apply for a new permit. However, a one-time six-month extension may be granted by the planning commission for good cause shown. The permit holder must apply for the extension to the Zoning Administrator in writing before the expiration of the original permit and describe the cause for requesting the extension. Alternatives 1) Approve the permit as submitted; 2) Approve the permit with the conditions established by the Planning Commission or with additional conditions to satisfy provisions of the Code; 3) Table the application in order to satisfy any needs for additional information; 4) Deny approval of the proposed conditional use permit and state the reasons. p:\planning department\2010\correspondence \p1-10-005 cc twin home cup preserve.docz Page 8 of 96 CITY OF MOAB PLANNING RESOLUTION NO. 14-2009 A RESOLUTION CONDITIONALLY APPROVING THE CONDITIONAL USE PERMIT FOR THIRTY- ONE TWIN HOMES TO BE LOCATED IN THE PRESERVE SUBDIVISION ON PROPERTY LOCATED IN THE R-2 ZONING DISTRICT WHEREAS, Dennis and Patricia Byrd, 826 Colorado Avenue, Moab, Utah, 84532 as the owners of record ("Owners") of an 18.6-acre tract have applied through their agent, Ben Byrd, Rainbow Lane, Moab, Utah 84532, for an 85-lot subdivision of the tract located in the R-2 zoning; and, WHEREAS, the Owners have expressed a desire to construct twin homes on specified lots located throughout the proposed subdivision; and, WHEREAS, this type of housing is a conditional use in the R-2 Zone according to Code Chapter 17.45.020; WHEREAS, the applicant applied for a conditional use permit to construct said twin homes and provided the City of Moab with the necessary documents, plans and drawings to complete the application for the conditional use permit application; and, WHEREAS, the City of Moab Planning Commission ("Commission") held a duly advertised public hearing to review the proposal and receive testimony against and/or in favor of the proposal on December 10, 2009,; and, WHEREAS, the proposed lots exceed the minimum required lot size for detached single family residences of seven thousand two -hundred (7,200) square feet for the R-2 Residential Zone as described in Chapter 17.45.030 of the Moab Municipal Code and the lot size requirement of ten thousand (10,000) square feet for attached single-family dwellings ("twin homes"); and, WHEREAS, the Commission, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the conditional use, have found that the specific requirements of the Moab Municipal Code for construction of the proposed twin homes in the R-2 Zone have or can be met. NOW, THEREFORE, be it resolved by the Moab Planning Commission of the City of Moab, Utah, that adoption of Resolution No. 14-2009 conditionally approves 31 lots for construction of twin homes with the following requirements. 1. A Party Wall Agreement shall be created for each twin home; 2. The dimensional requirements of the proposed lots in Phase One and all subsequent phases shall be met; Kara Dohrenwend Date Chair p:\planning department \2009\resolutions \pc\I4-2009 cup twin homes preserve.docx Page 9 of 96 CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK TO BE FILLED OUT BY APPLICANT PROJECT NAME (if any): he, Pres uie PROJECT STREET ADDRESS OR ACCESS STREET: 1 ON FE 'i47' -..`•:i7t:t;r ,. frt� !�'y'-'M.•'�t''.�,a�,,'•:;�1:�.�fis„c�s�:;..,+ i:�c. � (^�;::=�.i,�F�.i!;....�=}-j�?,y:��r'd';i':il`�b1:;S�.<'.�,:;Si;�t::q{; .R?i•'f':I All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. I. PRE -APPLICATION CONFERENCE. Prior to the filing of a Conditional Use Permit application, the Applicant shall meet with the Planning Department to become acquainted with the requirements of the City. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the Applicant may be represented by a land planner, engineer, architect or surveyor. II. TYPE OF CONDITIONAL USE ❑ Carport Side Setback ❑ Moved Building ❑ Secondary Dwelling ❑ Small Lot ❑ Public Utility Facilities ❑ Bed and Breakfast ❑ C-4 Dwellings Twin Home ❑ Wireless Telecommunications Facility ❑ Drive -up Window for Financial Institution in Cl ❑ Historic Home Expansion in C3 ❑ Factory Built Home Sales in C4 II. APPLICANT Please check one of the following: owner X, agent Name: Mailing Address: Phone #: gsf 53.a III. GENERAL INFORMATION Property Address/Location 5O 0 bUes Existing Zone Detailed Explanation of Proposed Use .b oe ► ✓, te)n cr hoMe /(7/S Page 10of96 4-1 other E-mail (2040F.���y S,nY( CITY OF MOAB CONDITIONAL USE PERMIT APPLICATION FORM MUST BE COMPLETED IN INK This is to certify that I am making an application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am a party whom the City should contact regarding any matter pertaining to this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I understand that my application is not deemed complete until City Staff has reviewed the application and has notified me that it has been deemed complete. Signature of Applicant: Date /0/ g/ n 9 Name of Applicant (please print) gei1 yral AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of Applicant (please Mailing Address r01 /V(oaA tJT b'y1/4330).- Signature Date SUBMITTAL REQUIREMENTS AND APPLICANT RESPONSIBILITIES At least thirty (30) days prior to the review meeting the Applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the Planning Department shall also be accompanied by or show the following information: E A narrative describing the project which demonstrates that the criteria for the Conditional Use Permit have been met. E A site plan is required with each application. The level of detail required on the site plan will be determined at the pre -application meeting based on the proposed use. 0 The street address and legal description of the property affected. 0 Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or proposed use. C A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the City Council. E Stamped envelopes addressed to all adjacent property owners within three hundred (300) feet of the subject property boundary lines. (No return address please) E Any supplemental requirements applicable for the requested conditional use permit. I.T: 0y�yp F :O Vitt ro MOAB CITY SEWER MAIN '2A 112 v i PH..5A' 9 05/11 Ar 1 48 cis a5 1Aa Y —5 }R Segi r ,r J —s h Ar 504 aa6Br Br -8r c 110 c .( a• nm 11 giA � Rw s 22B Ilt neon !N c GEC pyp VMS WW1' �� v 123 M4 PH.�SE Z( np IS Ru } W*°4A.4£rRw WaEs vr nl Multi sit,' I s 49 ° aDIr -._ PHASE) 1 µ8B uw r • k nn6v � aWov I w v ;,e s. ., t. a rkt i i,C.�8 rd jk 54 r k R 5 Nr } : AY s558 i nr 3 • IA. i m. gar i Da p�Ap x PHA4SE' 6 nro r 11A SM. SF iwB c a 114 23 24A -M.srA L 'r 248 Rt O r 1. :5A r } O i 3a B 4 36 k m0r !i I B I PHASE' 4 111$ s N t F Et w�B 5: "3 24 CITY OF MOMS 598 x } q 508 � 522 ., i 10,1 air: 1 12A I., 28 • TYP. LOT CONFIGURATION 3002 .I.. 51 528 0160 TRACT B r P�GrLP TRACT i !kJ !o P�G�R LEGEND r� Ati.GOVERNEMT RAMER, FOURS O SEVER NANOLE A EXISTING WATER LINE _ EXISTING SEWER LINE PROPOSED VATER LINE S --- PROPOSED SEVER LINE EXISTING It CONTOUR EXISTING B' CONTOUR is ARE HYDRANT GRAPHIC SCALE R rssr WWI NOV i n St 1 1. SR 1S NOT WC ASPHALT IN7TREATED RASE CORSE GRANULAR BGIROW TYPICAL BYRD AVENUE ROAD SECTION s• D FASTING GRIXWG ccvc. SceWA_A UnTREATED EASE COARSE E S' nTJA 6 `[U+B N GUTTER w eGTH st•:Es` N.C:A. i 2X UNTOT MR ASPHALT REATED RASE COURSE GRANULAR BORROW TYPICAL OTHER ROAD SECTION A PREL MINARY PLAT OF /—EXiS%NG GROUND `�-cCRrc. ESEAALX `UNTREA ED -EASE [CURSE uOUNTABLE `CURE A CV,TER (TYP ROT/. &DES) ZEE PRESERVE SW,6121V510117 A RESIDENTIAL SUBDIVISION WITHIN SECTION 35, T 25 S, R 21 E. SLM, GRAND COUNTY, UTAH NOTd3 G AArG .mR.r m;Ta rsRV00°T rVP L.R O"MR / DEVELOPER BEN BYRD 559 RATNROF DRIPT 41044 !/TAN 6•459R 259-9785 PREPARED BY If�'OGII LAND SURVEYING 45 EAST CENTER STREET A/CUR, UTAN R4552 DAM AUGUST 21, Xnm I ease 0-11-011.1.R DRAM BD MN CHEMED RS BRtH Page 12of96 City of Moab Planning and Zoning Department Correspondence December 16, 2009 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Call for Public Hearing for Proposed Ordinance #2010-01 Amending Title 17.00, Zoning, Chapter 17.55, Hillside Developments by Providing Exemptions for Government Projects as Referred to Council by the Planning Commission Background It has been recognized by staff that future projects may be in violation of Moab Code Chapter 17.55, Hillside Development. These include, but are not limited to water tanks, flood control measures, and transportation projects. The attached ordinance provides an amendment to Chapter 17.55 to include a review by city staff prior to a review by Council for government projects consisting of transportation, and other utility and public works projects. It expands the authority of Council to grant exemptions to the development requirements when necessary and streamlines the process for a review by staff and Council. The Planning Commission reviewed numerous changes during a series of public meetings that began on June 25, 2009 and culminated in a public hearing on September 10, 2009. Additional amendments to the ordinance were drafted and the commission voted 5-0 on December 10, 2009, to recommend that Council approve the changes to the Code. Discussion The changes are being proposed by city staff as an effort to clarify some of the requirements of the current language in the code and allow an abbreviated time period for approval of the types of projects mentioned above. The attached ordinance, as shaped by the Planning Commission in five meetings, contains the many changes that were discussed. Other minor changes that have been incorporated into the new text include: Chapter 17.55.060 subsection B, currently states that Council issues a grading permit to the applicant. This is incorrect, and has been amended to read that a grading permit must be obtained from city staff subsequent to the approval by council of the hillside development permit. Page 13of96 Moab Council PL-09-161 Ordinance 2010-01 Hillside Regulations December 16, 2009 page 2 of 2 Chapter 17.55.090, subsection B is amended to reference the definition of building height in Chapter 17.55.020, Definitions. For clarity, the antiquated term "adjunct" in the definitions of "Major development' and "Minor development" in Chapter 17.55.020, Definitions, will be replaced with the contemporary term, "related". Process Chapter 17.04.080 requires that a text amendment of the code be reviewed through a public hearing before the Planning Commission. While the ordinance was discussed over five meetings, the final hearing on this ordinance was during the regularly scheduled meeting on December 10, 2009. The decision to recommend to Council to approve the ordinance was made by the Commission in a 5-0 vote. Chapter 17.04.100 provides that the Council may elect to hold a public hearing but it is not a requirement of the code. Recommendation Staff recommends that these amendments be adopted. In addition to clarifying specific code provisions, the added criteria for exemptions will ensure that the goals of the hillside regulations are upheld and still provide a more rapid review for approval of needed projects. Alternatives In its action, Council can: 1) Approve Ordinance #2010-01 as recommended by the Planning Commission; 2) A approve Ordinance #2010-01 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the application in order to satisfy needs for additional information. p:\planning department \2009\correspondence \p1-09-161 hillside regulations amendment.docx Page 14of96 ORDINANCE # 2010-01 AN ORDINANCE AMENDING THE CITY OF MOAB LAND USE CODE CHAPTER 17.55, HILLSIDE DEVELOPMENTS AS APPLIED IN ALL ZONES WHEREAS, the City of Moab General Plan ("General Plan") was adopted by the Moab City Council on January 8, 2002, with Resolution # 01-2002, to serve as the guide for land development decisions; and WHEREAS, Titles 15, Buildings and Construction, 16, Subdivisions, and Title 17, Zoning, of the Moab Municipal Code were adopted to implement the General Plan with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city; and WHEREAS, the City of Moab ("City) from time to time has found it necessary to amend the Code to provide contemporary planning concepts and terminology and to correct language that is outdated or was adopted in error in an effort to make the code more usable by the general public for development within the incorporated city limits; and WHEREAS, City Staff has identified issues with the adopted code that must be addressed by this amendment of Chapter 17.55, Hillside Developments; and, WHEREAS, the City of Moab Planning Commission (the "Commission") reviewed ordinance #2010-01 (formerly #2009-11) during a public hearing held on September 10, 2009, and subsequently recommended to Council on December 10, 2009, adoption of said ordinance; and WHEREAS, due notice was given that the Moab City Council ("Council") would meet to hear and consider this ordinance on , 2010, to decide the merits of the proposed amendments; and WHEREAS, the City Council has heard and considered all evidence and testimony presented with respect to the changes and has determined, subsequent to said public hearing that the adoption of this ordinance is in the best interests of the citizens of the City of Moab, Utah. NOW, THEREFORE BE IT ORDAINED BY THE MOAB CITY COUNCIL THAT Title 17, specifically, Chapter 17.55, Hillside Developments, is hereby amended to read as follows: Chapter 17.55.060 subsection B is hereby repealed and replaced with the following language to read: B. All minor development on slopes greater than fifteen (15) percent shall first be reviewed by the Moab Planning Commission. The planning commission shall then make a recommendation to the city council for review and approval. Prior to any excavation or construction activity, a grading permit must be obtained from city staff. AND, FURTHERMORE, Chapter 17.55.060, Hillside development permit required, shall be repealed and replaced with: 17.55.060 Hillside development permit required. Page 15of96 4-2 A. All major development on slopes in excess of fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review proposed development and make a recommendation to the city council. B. All minor development on slopes greater than fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review the proposed development and make a recommendation to the city council. C. Government Exemptions. Exemptions to this chapter may be granted to government agencies under the following guidelines. Proposed development by the City of Moab and other government agencies, are required to submit the appropriate documentation as established in Chapter 17.55.070. The application shall be submitted to city staff for review and recommendation to the City Council. Subsequent to review of the proposed project by staff, City Council shall evaluate the project at the next available meeting. In granting an exemption, the City Council may prescribe appropriate reasonable conditions and safeguards to ensure compliance with the requirements of the Moab land development regulations. Exemptions apply to necessary development of various public works and community development projects including, but are not limited to, flood control structures such as dams and retaining walls, water tanks and water conveyance systems, and structures such as bridges, parking areas, and roadways for transportation projects. In the application of this section, Council shall have the authority to grant exemptions to any of the requirements of this chapter by applying the following review criteria. 1) The establishment, maintenance or operation of the proposed special exception is not detrimental or injurious to the use and enjoyment of existing uses on adjacent properties; 2) The establishment, maintenance or operation of the proposed special exception use or structure will not cause traffic hazards in the vicinity; 3) Adequate provision is made for surface water drainage, ingress and egress to the property, and off-street parking; 4) Adequate public facilities and services are available for the proposed special exception use or structure; 5) The application meets all special requirements as detailed within the zoning ordinance for the specific special exception if any apply; 6) The use will not be detrimental to the public health, safety or welfare; 7) The location, nature and height of each building, wall and fence, the nature and extent of landscaping on the site and the location, size, nature, and intensity of each phase of the use and its access streets will be compatible with the appropriate and orderly development of the district in which it is located; 8) The proposed use will not conflict with an existing or programmed public facility, public service, school, or road; 9) The proposed use has the written recommendations and comments of the Public Works and Engineering Departments; 10) The applicant has presented sufficient evidence of public need for the use. D. Permit approval under this section shall not be required for preliminary plats that have been approved by the city council prior to the adoption of the ordinance codified in this chapter. E. Upon review of a permit application for either major or minor development the planning commission may, in addition to recommending approval or denial of the application, Ordinance #2010-01 Page 16of96 submit to the city council recommendations as to conditions to be attached to the permit to mitigate specific adverse impacts associated with the application. F. The city council may approve the application as submitted; approve subject to conditions; or deny the permit in full where the development does not meet the standards of this chapter or other provisions of the Municipal Code. AND, Chapter 17.55.090, subsection B is hereby repealed and amended to read: B. All buildings constructed upon lands subject to this chapter shall be one story only, or twenty feet maximum, in height. Height shall be measured as described in Chapter 17.55.020, Definitions. AND, FURTHER THAT the term "adjunct" in the definitions of "Major development" and "Minor development" in Chapter 17.55.020, Definitions, shall be replaced with the term "related". IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2010. ATTEST: Rachel Ellison, Recorder Ordinance #2010-01 SIGNED: David L. Sakrison, Mayor Page 17of96 City of Moab Planning and Zoning Department Correspondence PL-09-Ifi2 December 16, 2009 Memo To: Honorable Mayor and Members of the City Council From: Planning Staff Subject: Call for Public Hearing for Proposed Ordinance #2010-02 Amending Chapter 10.04.230, Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles, as Referred to Council by City Staff Background A recurring problem faced by police department staff members is habitual infringement of the regulations that manage parking on the public right-of-way. This occurs especially in residential areas and leads to storing of trailers that are intended for utility and recreational uses on narrow streets for very long periods of time. The current writing of portions of Code Chapter 10.04.230 provides the police department personnel with inadequate enforcement tools. Discussion The attached ordinance specifically amends Chapter 10.04.230 to include improved standards that can be used by law enforcement officials. The proposed changes deal with repeat offenders and reduce the time allowed for parking trailers on the public right- of-way. The new regulations are intended to bring about a reduction in the blight appearance of some of these publically stored trailers and increase traffic safety. In addition, these changes: Provide updated definitions for face block, inoperative vehicle, and recreational vehicle that includes travel trailer, pick-up coach, motor home, camping trailer, and utility recreation trailer; Recommendation Staff recommends that this amendment to the traffic code be adopted. In addition to clarifying and updating this specific code section, the reduction in the time allowed to park such vehicles on the street and additional enforcement tools will aid in maintaining clean and safe streets. Alternatives In its action, Council can: 1) Approve Ordinance #2010-02 as written; Page 18 of 96 Moab Council PL-09-162 Ordinance 2010-02 Parking regulations December 16, 2009 page 2 of 2 2) A approve Ordinance #2010-02 with any changes necessary to satisfy provisions of the Code or address concerns; 3) Table the application in order to satisfy needs for additional information. p:\planning department \2009\correspondence \p1-09-162 cc park trailers.docx Page 19of96 CITY OF MOAB ORDINANCE # 2010-02 AN ORDINANCE AMENDING TITLE 10. VEHICLES AND TRAFFIC, SPECIFICALLY CHAPTER 10.04, VEHICLE CODE, AND MORE SPECIFICALLY, CHAPTER 10.04.230, UNLAWFUL PARKING -VEHICLES LEFT STANDING FOR MORE THAN FORTY-EIGHT HOURS AND OVERNIGHT CAMPING IN VEHICLES. WHEREAS, the Vehicle Code was adopted to provide a codified reference of all regulations established by the Moab City Council relating to the operation and parking of motor vehicles and other motorized or non motorized transportation vehicles and devices operated within the jurisdiction of Moab City. The regulations contained within the code are intended to provide for the safe and orderly movement of vehicle and pedestrian traffic on and about public streets, alleys, and easements; and, WHEREAS, historically, local law enforcement of traffic violations has been effectuated through ordinances that basically set out provisions of the Municipal Code, the state statute known as the Utah Vehicle Code (UVC) or through adoption by reference of the rules and procedures promulgated by the Uniform Traffic Code (UTC); and, WHEREAS, the City of Moab has seen an increase in the number of recreational vehicles, boats, and utility trailers parked on neighborhood streets that are now used as storage for such large items; and, WHEREAS, these vehicles often remain for extended periods of time and are moved only when a complaint is registered; and, WHEREAS, the City Council ("Council") of the City of Moab finds that long term parking of inoperative and unattended vehicles and detached trailers is a nuisance in neighborhoods, by impeding the cleaning of streets, adding trash to the neighborhoods, and hindering traffic safety within the corporate limits of the City of Moab; and, WHEREAS, the intent of this ordinance is to reduce the impacts from parking certain recreational vehicles, unattached trailers, and other vehicles on City of Moab rights -of -way for the purposes of storage; and, WHEREAS, this ordinance will improve traffic safety by decreasing congestion on public streets and increase the visual aesthetics of neighborhoods; and, WHEREAS, Council, in accordance with the ordinances of the City of Moab and Utah State Law, has given the required notices and held the required public hearing regarding this amendment of the Land Use Code on , , 2010; and, WHEREAS, this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the ordinances of the City of Moab and it is accordingly so ordained; and, Page 20 of 96 Draft Ordinance 2009 November 17, 2009 Page 2 of 3 WHEREAS, the Council finds that it is in the public interest to amend the code in an effort to protect the character of neighborhoods, and increase traffic safety and decrease neighborhood blight by curtailing the use of neighborhood streets as storage facilities for various vehicles and trailers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOAB pursuant to Utah Code Annotated section 10-8-84, and UCA 41that, Title 10.0, Vehicles and Traffic, Code Chapter 10.04, Vehicle Code, Section 10.04.230, Unlawful parking, is repealed and amended with the adoption of the following new language: "10.04.230 Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles. A. It is an infraction for any person, company, or corporation to park or to cause to park or leave standing any inoperative vehicle, truck, recreation vehicle, or trailer on any public road, street, alley or municipal property any motor vehicle except for loading or unloading of equipment. In no instance shall the vehicle be parked for a period of time that will exceed four (4) consecutive hours. Any vehicle so parked or left standing may be fined, impounded or removed by any regularly employed and salaried officer of the police department of the City of Moab. B. It is unlawful to park any vehicle or motor home on a public road, street, alley, or lot, other than designated recreational vehicle parks, for human habitation or overnight camping. Any vehicle or mobile motor home so parked or left standing may be fined, impounded or removed by a peace officer or designated official. C. For purposes of impoundment and removal, an officer may, after making a reasonable effort to locate the owner, may impound and remove any motor vehicle which has been unmoved for four (4) consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. D. The presence of any motor vehicle on any street when standing or parked in violation of this chapter of the code is prima facie evidence that the registered owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the owner or lessee. E. No vehicle or trailer that has been involved in a violation of this section shall be relocated on the street for a period of not less than 10 months and shall not be relocated within one face block of the previous location. F. A second offense at any time subsequent to the initial violation constitutes a repeat offense. Repeat offenders shall be prosecuted under Moab Code Chapter 10.04.250. AND, FURTHER THAT the following terms shall be included in Chapter 10.04.020, Definitions, to read: "Face block" is a section of street including both sides of the pavement that extends from one corner to a subsequent corner of an intersecting street. "Inoperative vehicle" is defined as any vehicle that is unlicensed or unregistered, and/or is unable to be operated because of needed mechanical or other physical repairs. Ordinance #2010-02 Page 2 of 3 Page 21 of 96 Draft Ordinance 2009 November 17, 2009 Page 3 of 3 "Recreational vehicle" means any of the following: 1. "Travel Trailer" a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer. 2. "Pick-up Coach" a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 3. "Motor Home" a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. 4. "Camping Trailer" a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. 5. "Utility recreation trailer" is a trailer towed behind a vehicle that may or may not be designed to provide temporary quarters for eating and sleeping but is primarily utilized to transport recreation equipment such as OHVs, and motorcycles of every type, supplies, or boats, rafts, four wheel drive vehicles, and snowmobiles. EXISTING TEXT: 10.04.230 Unlawful parking -Vehicles left standing for more than forty-eight hours and overnight camping in vehicles. A. It is an infraction for any person to park or leave standing on any public road, street, alley or municipal property any motor vehicle for forty-eight or more consecutive hours, and any vehicle so parked or left standing may be fined, impounded or removed by the a peace officer or designated official. For purposes of impoundment and removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for forty-eight consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. B. It is unlawful to park any vehicle or mobile home on a public road, street, alley, or lot (other than designated recreational vehicle parks) for human habitation or overnight camping. Any vehicle or mobile home so parked or left standing may be fined, impounded or removed by a peace officer or designated official. For purposes of impoundment and removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for forty-eight consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. Ordinance #2010-02 Page 3 of 3 Page 22 of 96 4-3 BUSINESS NAME: it 00) TI 775a OWNER'S NAME ifXJ 3rOwY1 MAILING ADDRESS: PROPOSED USE OF STRUCTURE: C.Gk:_, EA vLl TYPE OF STRUCTURE: U, (C 9 �L ADDRESS OF PROPOSED STRUCTURE'S LOCATION I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OFTHIS PERMIT. PROPERTY OWNER'S SIGNATURE: BUSINESS PHONE: OWNER'S PHONE: S ► _C_ u C� 1Dia, NAME OF PROPERTY OWNER (PRINT): Av k V \ `1 0,w � G 5 ,.• Clhnn�ll�� LOCATION OF RESTROOM FACILITIES' la$ N M a..l rn SIGNATURE OF OWNER APPROVING USE OF RESTROOM FACII ITIES: COMPLIES WITH MOVED -ON STRUCTURE ORDIN: ACE: AYES ❑ NO ZONE: G Zoning Administrator's Signature: Itinijk., , BUILDING PERMIT REQUIRED: ❑ YES0 BUILDING INSPECTOR'S SIGNATURE: I DATE APPROVED BY CITY COUNCIL SIGNATURE OF CITY RECORDER MOVED -ON STRUCTURE TERM: FROM 0/70 To g7/70 Required inspections on back. I 00 la \Ati1b vAt5 D-ON STRUCTURE FEE: 1 c o STATE TAX: $375.00 3.75 $378.75 PAYMENT RECEIVED CITY OF MOAB DEC 2 A 20C9 4 CH* A RIUNT.-J 5-1 N NO°17'E 105.4 S89°47'E 102.0' GORMAN PROPERTIES LLC 01—B17-0010 C17.1&� 18.3 � N89°34'W_._.105.0' S89°34aE241005.0'„ 1 T 1 P7 5-1 Fuoco Pizza Tad Brown, owner Moab City Counsel Proposal This document is a brief summation of Fuoco Pizza and proposed business operations in the City of Moab, Utah. If there are further questions about the operations or mission of Fuoco Pizza please contact me so I may completely answers any questions that may arise. WHO WE ARE Fuoco Pizza is a family owned and operated business in the State of Utah. We are committed to the highest standards of product quality, customer service and community involvement. As a certified pizzaolo from the Verace Pizza Association (VPA), I have been trained in the art of making traditional Napoletana Pizza. Every aspect of Fuoco Pizza's operations is in compliance to the VPA standards. The dough is hand worked from start to finish keeping the dough airy and chewy. The dough and tomatoes are imported from the Naples region of Italy to ensure the flavors and textures, that make authentic Napoletana Pizza. Our basil is fresh and local to Utah, and we are striving towards the same for our Mozzarella chesse. Our oven is imported from Italy and is able to reach the high temperatures needed to create our pizza. The shallow dome and low walls heat efficiently allowing us to create a pizza in two minutes cooking time, with very little wood use. I have been in the food service industry off and on for the last twenty years. I have worked from the kitchen to the dining room, and from busboy to manager. Over my years of experience, customer service has remained the most important aspect of any business. Customer service is as simple as listening to a complaint, excepting a compliment, remembering a name, and finding a solution that works for all. We all expect to be treated with fairness and respect, regardless of the circumstances. At Fuoco Pizza the client can expect a high level of service and attention to quality and detail. OPERATIONS This section is presented as bullet points to simply address each topic. If more explanation is needed please refer to the attached pictures and or contact me. • Description- wood oven mounted on an 65x10' trailer, with plumbing and electrical self contained. Total area usage is the equivalent of two parking spaces. We are completely mobile and with a low visual profile. Please see the attached pictures. • Menu- the menu consists of three simple pizzas: Page 25 of 96 Breakfast Flat Bread with choice of toppings, cinnamon/sugar with raisins and walnuts, or egg and cheese 5.00 Lunch Marinara-crushed tomatoes, basil, garlic, oregano and olive oil 6.00 Margherita- the marinara with mozzarella and parmesan 6.00 Bianca- olive oil, garlic, oregano, basil, mozzarella and parmesan 6.00 As product becomes available then toppings may become an option. Drinks will be available as well • Employee's- I will be the only employee for Fuoco Pizza. If there becomes a need for extra help then I will explore the idea of an extra employee. However since we are a family owned business there are a number of options available. • Duration of Business- March 1st to September 1st. • Hours of Operation- 7am to 12pm, with a break during the heat of the day. • Days of Operation- Monday -Sunday • Customer Environment- seating will be available • Refuse and Recycling -all of our trash is able to be recycled, this will be taken care of during breaks or days off, at a local facility or in Salt lake if necessary. • Wood Use- the oven burns about a quarter cord every two weeks, and less when the weather is warm. • Grey Water and Ashes- although the ashes are minimal due to the high temperature of the oven, all ashes are stored on a fire proof container until cool and properly disposed of. Grey water will be drained per code and specifications, usually in a RV dump. Summary Fuoco Pizza is a simple concept that works. Our vision of community, values, and success stem from the idea that, "simple" is more manageable, producing a better product and easier to sustain. A simple product for a simple price, a simple "thank you" at the end of the day seems to go along way. My intent in moving my business to Moab for the summer of 2010, is a scouting mission. I have a young family with another young boy on the way. My wife and I have been looking for a place to settle into, grow roots with ties to the community. If Fuoco Pizza and Moab turn out to be a good match then we would look into more permanent arrangements. I sincerely hope that this is the case. Thank you for reviewing this proposal, and as previously mentioned, if there are any questions or concerns please contact me via the information listed below. Page 26 of 96 Sincerely, Tad Brown Fuoco Pizza I L k i T 41 Page 27 of 96 01 1 Page 28 of 96 " a" - 29 " 9" Page 31 of 96  12 of 96 5-1 Page 33 of 96 5-1 _ Page 35 of 96 I at xyv,,, UtViaak_%_ i ion 1-\420\0 i \ Loal\c‘__ -7;) \no,...A, ri\usl c .Yane, 19s,11.0A0 ock- "k*a old C;16N ;Ix-P(--- _00 ,(-cx ii-Al v•espOCC). \k- \lcuk_ Nrco.),€. 0-AA/ GUeLyS i coc)cp.troS plea -Se CO1 me Q-.4362.4co-o6•7 Ckt:)v - sv•e_a,,Y..) i-kr)Q0_ vi efrkikek-- 615401-, 5-2 , Page 38 of 96 December 11, 2009 Mayor David Sakrison Moab City Moab, UT 84532 Dear Mayor Sakrison, I Jeanette Kopell would like to extend my term on the Moab City Planning and Zoning Commission. I have enjoyed my term and would like to continue serving the public in this capacity. Thank You, Jeane Kopell Moab City Board Appointments Date of Appointment (Council Meeting) 1/12/2010 Board Name Term Length Term Expiration Name Address Telephone # Notes Replaces Previous Board Member Mayor's Signature Planning Commission 5 Years 12/31/2014 Board Member Person/ Info Jeanette Koppell P.O. Box 820 259-5194 Jeanette Kopell Please Return to Moab City Recorder's Office Page 40 of 96 Moab City Board Appointments Date of Appointment (Council Meeting) 1/12/2010 Board Name Term Length Term Expiration Name Address Telephone # Notes Replaces Previous Board Member Mayor's Signature Grand County Solid Waste District 4 Years 12/31/2013 Board Member Person/ Info Dan Stenta 217 E. Center Street 259-5121 Dan Stenta Please Return to Moab City Recorder's Office Page 41 of 96 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 Memorandum To: Honorable Mayor and City Councilmembers From: Rachel Ellison, City Recorder/Assistant City Manager` Date: 01/07/2010 Re: Workers' Compensation Insurance Bid MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY SARAH C. BAUMAN JEFFREY A. DAVIS GREGG W STUCK' ROB SWEETEN Mayor and Council: In response to a Request for Proposals for Workers' Compensation Insurance, two proposals were received by the bid deadline. I recommend that we award the bid to the Utah Local Government's Trust (ULGT) in the amount of $40,179.53. ULGT was the lowest proposal and we have been very pleased with the service that ULGT provides on our liability and auto insurance policies. We will also receive a safety grant calculated as a percentage of our overall premiums to ULGT in excess of $3,000 to be used on safety equipment. In addition to saving money, I think we will be very pleased with the increased customer service as well as more efficient claims processing. Please let me know if you have any questions. REC-MEM-10-01-004 First EPA Green PowPage 12 d etklmunity in the Nation 5-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Workers' Compensation Coverage Bid Opening December 23, 2009 Name Amount VJ 0 F OP UTA-1-1- ()Lea /4- ) "19)9 . o 1 101 ill " • Present at Bid Opening: me: Y1t2k`e C--luks-vi-e_vu a_c,k/1 i l i s w-\ Sat,m,Apvg .J64-1-1.1�0N ture: JA.MAktit A) c,,t_a_t_,0 WO,f)-e), )tITIM 61a,Ulfl 12/23/2009 Page 43 of 96 City of Moab Recorder's C5 To: Moab Governing Body From: David Olsen CC: Donna Metzler Date: January 7, 2010 RE: Transportation Enhancement Grant Approval Please put the following on the next City Council agenda: Approval of the Transportation Enhancement Grant application, approval of the statement of intent to fund and maintain the project if awarded, and approval of Resolution 01-2010 (see attached documents): Note: The City of Moab wrote a letter of intent to UDOT requesting $500,000 to improve Lions Park. The City of Moab made the first cut of applications. The City's match would be $120,000 that will need to be budgeted. The improvements include installing paths and trails, a restroom, bike racks, signs and some landscaping. The Transportation Enhancement application is due January 14tn Page 44 of 96 Resolution #01- 2010 A RESOLUTION OF SUPPORT AND COMMITMENT FOR THE LIONS PARK TRAIL AND TRANSIT HUB TRANSPORTATION ENHANCEMENT GRANT APPLICATION WHEREAS, Moab City is applying for Transportation Enhancement funding to install trails parking areas, bike racks, signage and restrooms at Lions Park; and WHEREAS, if the City were to be awarded such funding it would need to commit to the following: • Commitment to 20% match and any overmatch, • Commitment to fund project scope document, environmental, right-of-way and utility clearances and design, if applicable • Commitment that the project will be ready for advertisement in STIP year applied for. • Commitment to pay for all cost overruns, • Commitment to reimburse UDOT/FHWA for all federal funds used if sponsor cancels project, • Commitment to pay UDOT any and all review or permit fees as necessary. NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to commit to the above listed conditions. Passed and adopted by action of the Governing Body of the City of Moab in open session this 12th day of January, 2010. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution #01-2010 Page 1 of 1 Page 45 of 96 5-9 Transportation Enhancement Fund STATEMENT OF I NTENT TO FUND AND MAI NTAI N Lions Park Trail and Transit Hub I, the undersigned, do hereby affirm that, Moab City, hereafter known as "Sponsor", will; 1. Provide all necessary matching funds for federal oversight, state and federal agency approvals, design, construction, and if necessary additional cash funds to pay for construction change orders or overruns; 2. Pursue reasonable progress to implement the project per the Transportation Enhancement Program Policy for all tasks under control of the Sponsor; 3. Provide for long-term maintenance to sustain the proposed Transportation Enhancement project, and assume legal liability for the project. Sponsor also affirms that use of federal enhancement funds will result in a fully completed and functional project, as described in the application, for use by the general public on a not -for -profit basis, and that adequate enforcement regulations and support will be provided to maintain accessibility. Finally, Sponsor affirms to abide by all requirements of Federal Aid Highway projects, including, but not limited to, environmental regulations, labor and civil rights laws, applicable federal design standards, and will adhere to all applicable laws, ordinances and fiscal management standards. Sponsor acknowledges Enhancement funds come from a state -administered, federal reimbursement program; that UDOT collects and administers all funds. Sponsor also understands projects are to be bid for construction no later than 24 months beyond funded STI P year or the project may be subject to corrective actions or recommended to be canceled by UDOT, in which case the Sponsor shall pay for additional administrative program costs or all accrued project costs without federal fund cost sharing. (The signee below must have authority for and in behalf of the application Sponsor.) David Sakrison Name (Type or Print Legibly) Attest Signature Date Page 46 of 96 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Moab City Council From: John Geiger Date: 1/8/10 Re: Proposed Recreation Facility Fee Adjustments Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Keith H. Brewer Gregg W. Stucki Rob Sweeten The Moab City Recreation Department recommends adjustments to Resolution 07-99 - A Reso- lution Establishing Fees for Recreation Facilities. Currently proposed are fee adjustments for the Center St Gym and Center St Ballpark. Adjustments to MARC fees were approved in 2009 along with the establishment of fees for the Moab Teen Center. Recommended increases update the 10 year -old rates and establish daily maximum rates. John Geiger Recreation Coordinator P 5-10 Resolution #02-2010 A RESOLUTION ESTABLISHING FEES FOR RECREATION FACILITIES Whereas, the Moab City Council deems it necessary to amend and adopt fee schedules for various recreation facilities; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT A FEE SCHEDULE FOR VARIOUS RECREATION FACILITITES AS FOLLOWS: 1. Center St Gym Private use by residents of Grand County (non-commercial) $15/hr $90/day Private use by Non -Grand County Residents (non-commercial) $30/hr $180/day Commercial use $55/hr $330/day 2. Center St Ballpark (includes use of entire Park) Non-profit/Residential use (no admission fee) $75/day Non-profit/Residential use (w/ admission fee) $100/day Commercial use (no admission fee) $200/day Commercial use (w/ admission fee) $325/day 3. Tournament rates shall be negotiated between the Recreation Coordinator and the Tournament Organizer. All tournaments shall pay a refundable cleaning/security deposit prior to the beginning of the tournament. 4. Refundable cleaning/damage deposit (refund based on damage) $200/event 5. Damage deposits may be assessed for high -impact use at the discretion of the Recreation Coordinator. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this l 2th day of January 2010. City of Moab Mayor David L. Sakrison Attest: Rachel Ellison City Recorder Resolution #02-2010 Page 1 of 1 Page 48 of 96 5-10 Resolution #03-2010 A RESOLUTION APPROVING THE DRINKING WATER SOURCE PROTECTION PLAN FOR THE LIONSBACK DEVELOPMENT. WHEREAS, the City of Moab is the owner and operator of a public drinking water system that supplies high quality drinking water to city residents and businesses; and WHEREAS, it is in the City's best interest to ensure the future quality of its drinking water though the regulation and monitoring of all activities that represent a potential contamination threat to the supply aquifer; and WHEREAS, the Lionsback development project, due to its location over the aquifer, is subject to special requirements pertaining to any use or activity therein that represents a potential contamination source; and WHEREAS, the pre -annexation agreement by and between the City and the Lionsback development project requires the preparation and approval of a site specific drinking water source protection plan; and WHEREAS, the development team of the Lionsback project and the City Engineering Department have jointly developed a formal site specific plan entitled the Lionsback Development Drinking Water Source Protection Plan, and dated January, 2010; WHEREAS, the City has reviewed said plan and found that it provides for the appropriate mitigation of all current and foreseeable potential contamination sources associated with the development site; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby approve and adopt that plan entitled the Lionsback Development Drinking Water Source Protection Plan, and dated January, 2010, which will be applicable and enforceable by the City, the Lionsback Developer, and the Lionsback Homeowners Association, within the limits of the Lionsback development. Passed and adopted by action of the Governing Body of the City of Moab in open session this 12th day of January, 2010. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder Resolution #03-2010 Page 1 of 1 Page 49 of 96 5-11 LIONSBACK DRINKING WATER SOURCE PROTECTION PLAN For the Lionsback Master Planned Development Project Sand Flats Road Moab, Utah Revision #1 January 2010 Page 50 of 96 5-11 LIONSBACK DEVELOPMENT DWSPP January 13, 2010 (THIS PAGE INTENTIONALLY LEFT BLANK) Page 51 of 96 1 5-11 LIONSBACK DEVELOPMENT DWSPPI PREFACE Title The official title of this document is Drinking Water Source Protection Plan for the Lionsback Master Planned Development Project. For convenience the terms "Lionsback Drinking Water Source Protection Plan", "Lionsback DWSPP", or the "Plan" may be used when referring to this document. Introduction The Lionsback development project is situated in an area where surface activities may have an effect on the underlying groundwater, referred to as the Glen Canyon Aquifer. This aquifer yields very high quality water and is the sole source of drinking water serving the residents of the City of Moab and outlying unincorporated areas. The risk of a negative impact on the aquifer from the Lionsback development is very low. However, the City of Moab, as the land use authority and the public drinking water provider, and the owners/ developers of the Lionsback project have both recognized the need to mitigate risks attributable to the use and development of the project to the best extent practicable. The Lionsback Drinking Water Source Protection Plan is designed to identify potential risks and provide specific mitigation measures and requirements. Development and Approval The Lionsback Drinking Water Source Protection Plan has been developed jointly by the Lionsback design team and the City of Moab. The format and content are based on the requirements of the Lionsback Pre -Annexation Agreement (2008), and information provided by the GROUND WATER SOURCE PROTECTION USERS' GUIDE (Utah Division of Drinking Water, 2005). The Plan has been approved and adopted by the Moab City Council by Resolution, and the requirements of the plan are binding on the current and future owners of all or any part of the Lionsback development. The components of the Plan will be deemed to be included in the Lionsback Development and Phasing Agreement and enforceable by the City in the manner provided for in the Development Agreement. In addition, the Plan will be referenced in the Lionsback Homeowners Association Declaration of Covenants, Conditions and Restrictions and will be monitored and enforced by the Lionsback HOA. Revision History It is anticipated that corrections and revisions to the Lionsback Drinking Water Source Protection Plan may be required as the development progresses. All changes to the document must be formally approved by the City of Moab and with each approved modification; a new version shall be prepared. Each revised version shall be identified by a number and date. (e.g. Revision #1, January 2010) Page 52 of 96 LIONSBACK DEVELOPMENT DWSPP January 13, 2010 (INSERT COPY OF SIGNED RESOLUTION AFTER THIS PAGE) Page 53 of 96 LIONSBACK DEVELOPMENT DWSPPI TABLE OF CONTENTS PLAN SUMMARY HOW TO USE THIS PLAN CHAPTER 1 - ADMINISTRATION Section 101 Applicability 102 Designated Person 103 Submittal Requirements 104 Review and Approval Procedures 105 Maintenance & Record Keeping 106 Enforcement Provisions CHAPTER 2 - DEFINITIONS Section 201 General 202 Definitions CHAPTER 3 - DRINKING WATER SOURCE PROTECTION Section 301 General 302 Contamination Process Described 303 Potential Contamination Sources CHAPTER 4 — MANAGEMENT PLAN FOR EXISTING POTENTIAL CONTAMINATION SOURCES (PCS'S) Section 401 General 402 Existing PCS's 403 Preconstruction Management Controls CHAPTER 5 - MANAGEMENT PLAN FOR FUTURE POTENTIAL CONTAMINATION SOURCES (PCS'S) Section 501 General 502 Temporary PCS's 503 Future PCS's 504 Construction Controls and Long Term Measures CHAPTER 6 — INFRASTRUCTURE CONSTRUCTION REQUIREMENTS Section 601 General 602 Developer Responsibilities Page 54 of 96 LIONSBACK DEVELOPMENT DWSPP January 13, 2010 603 Contractor Responsibilities 604 Submittals 605 Sign -off Procedure 606 Potential Contamination Sources Identified 607 Required Mitigation Measures 608 Record Keeping 609 Contingency Plan CHAPTER 7 — BUILDING CONSTRUCTION REQUIREMENTS Section 701 General 702 Developer Responsibilities 703 Contractor Responsibilities 704 Submittals 705 Sign -off Procedure 706 Potential Contamination Sources Identified 707 Required Mitigation Measures 708 Record Keeping 709 Contingency Plan CHAPTER 8 — PROPERTY OWNERS' REQUIREMENTS Section 801 General 802 Developer Responsibilities 803 Property Owner (Individual) Responsibilities 804 Property Owners Association Responsibilities 805 Submittals 807 Sign -off Procedure 808 Potential Contamination Sources Identified 809 Required Mitigation Measures 810 Record Keeping 811 Contingency Plan CHAPTER 9 - PLAN UPDATES Section 901 General 902 Procedure LIST OF TABLES Table 303.1: Inventory of Existing PCS's for Lionsback Development Table 303.2: Inventory of Future PCS's for Lionsback Development LIST OF APPENDICES Appendix A: Lionsback Pre -Annexation Agreement — Section 8.0 Drinking Water Source Protection Appendix B: City of Moab - Drinking Water Source Protection Zone Map for Skakel Spring v Page 55 of 96 LIONSBACK DEVELOPMENT DWSPPI Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: Lionsback Resort Preliminary Site Plan EPA National Primary & Secondary Drinking Water Standards List of the Most Common Potential Contamination Sources (State of Utah, Division of Drinking Water) Phase 1 Environmental Site Assessment (portions) Lionsback Resort Preliminary Drainage Plan Preliminary Geologic and Geotechnical Site Assessment — Buckhorn/Geotech (portions) Page 56 of 96 LIONSBACK DEVELOPMENT DWSPP i January 13, 111 PLAN SUMMARY The Lionsback Master Planned Development project, (referred to as the "Lionsback Development", the "Development", or the "project") is situated in an area where surface activities could potentially have an effect on the public drinking water supply for the City of Moab. The proposed development will involve some temporary and permanent activities and land uses that are considered to be a Potential Contamination Source (PCS). After careful study, the City determined that the threat of contamination from the proposed development is very low; however the City of Moab and the Developer have agreed that protective measures should be implemented in connection with the build -out of the Development to further minimize threats to the aquifer. This document, Lionsback Drinking Water Source Protection Plan, (referred to as the "Lionsback DWSPP" or the "Plan"), has been developed for the primary purpose of identifying all possible potential contamination sources associated with the Development and establishing appropriate mitigation measures. The Lionsback DWSPP is specific to the development site and the associated improvements. The plan is supplemental to all other general drinking water source protection requirements that exist in City, County, State, and Federal regulations. Conformance with the Lionsback DWSPP is required for all activities and uses that occur on the project site, and are associated with the Development. The Plan provides an explanation of how contamination of the aquifer could potentially occur, and the term potential contamination source (PCS) is defined and the concept explained. This background information should enable all plan users to gain a basic understanding of the groundwater protection issues associated with the project site. The plan contains an inventory of all existing and future PCS's anticipated for the Lionsback project and indentifies the specific mitigation measures that will be employed to minimize the small risk presented by the development. The primary responsibility for implementation, monitoring and maintenance of mitigation measures will initially be that of the Developer and the responsibility will be transferred to the Homeowners Association as the project is built out. Chapters specific to the Infrastructure Construction phase and the Building Construction phase have been included that cover these activities in detail. Each chapter outlines the possible contamination sources anticipated and describes the specific mitigation measures that will be implemented. For each type of construction; individual roles and responsibilities are specified and enforcement authorities and procedures are established. Page 57 of 96 LIONSBACK DEVELOPMENT DWSPP In Chapter 8, the plan addresses the long term management and control of the ongoing potential contamination sources associated with the development. The planned management strategy includes measures such as design controls, special requirements, construction protocols, prohibited practices, maintenance requirements, and education. Procedures for periodic evaluation and updates to the overall plan have been included to ensure that the mitigation measures continue to be effective in their implementation and maintenance. Page 58 of 96 LIONSBACK DEVELOPMENT DWSPP January 13,111 How to Use This Plan It is important that all parties who are required to comply with this plan understand their roles and responsibilities in the implementation of the overall mitigation plan. The plan has been broken down into Chapters and Sections to assist all plan users in quickly locating the information necessary for them to perform their roles. Some provisions of the plan apply only to specific parties, or persons engaged in specific activities. The following paragraphs should prove helpful in determining your role. If you are a representative of the project Developer: You should become familiar with the entire plan as you play a key role in the monitoring and enforcement of many elements of the plan, especially if you have been assigned the role of Designated Person. If you are a contractor performing infrastructure improvements (grading, roads, utilities) work on the project: You should read through Chapters 1 — 5, which provide information applicable to everyone, and you should become very familiar with Chapter 6, which outlines your specific responsibilities and provides detailed information on submittals, procedures, specific requirements, and record keeping. If you are a contractor performing building construction work or site improvements on an individual lot within the Development: You should read through Chapters 1 — 5, which provide information applicable to everyone, and you should become very familiar with Chapter 7, which outlines your specific responsibilities and provides detailed information on submittals, procedures, specific requirements, and record keeping. If you are the owner of an individual lot or unit within the development: You should read through Chapters 1 — 5, which provide information applicable to everyone, and you should become very familiar with Chapter 8, which covers mitigation measures that will apply to you. If you are a representative of the Homeowners Association: You should become familiar with the entire plan as you play a key role in the monitoring and enforcement of many elements of the plan. Chapter 8 covers the HOA's specific roles and responsibilities. Page 59 of 96 r5-11 LIONSBACK DEVELOPMENT DWSPP If you are a concerned citizen not directly involved in the Development in some manner: Chapters 1 - 5 provide a good overview of the overall mitigation plan for the Development. If you are interested in detailed requirements of the plan that apply to specific activities, refer to Chapters 6 — 8 Page 60 of 96 CHAPTER 1 ADMINISTRATION Section 101 Applicability The provisions of this plan shall apply to all property owners and all activities associated with the Lionsback Development occurring on the project site. The plan applies to both permanent uses, such as the use and occupancy of a dwelling unit; and temporary uses such as construction activities and special events. Covered activities include but are not limited to the following: construction activities such as site grading, underground utility work, road construction, and building construction; landscaping, activities associated with residential uses such as painting, yard maintenance, car washing, and similar activities. Section 102 Designated Person Upon approval and adoption of this plan, by action of the City Council, the Developer shall designate a responsible parry for the purposes of implementation and conformance with this plan (referred to as: the "Designated Person"). The Developer's Designated Person must be someone who has the authority to direct activities on the site and must be able to be contacted within a reasonable amount of time. The assignment of the Designated Person shall be in writing submitted in accordance with Section 103. The designees may be changed over the course of the project; however any change will not be effective until the City receives a letter from the Developer requesting a change of designees. Section 103 Submittal Requirements 103.1 Initial Submittals — Within 60 days following Council's approval of this plan, the Developer shall submit to the City Public Works Director (with copies to the City Planning and Engineering Depaitments) a letter designating one person as Designated Person and one person as an alternate contact.103.2 Additional Submittals — Further submittals providing specific information for particular activities will also be required. Information regarding the content, timing, and procedure for additional submittals can be found in the corresponding section of Chapters 6, 7, or 8 as applicable. Section 104 Review and Approval Procedures Procedures for the review and approval of required submittals are detailed in the corresponding sections of Chapters 6, 7, & 8. Section 105 Page 61 of 96 5-11 LIONSBACK DEVELOPMENT DWSPP] Maintenance & Record Keeping All required mitigation measures and practices implemented on site shall be maintained or replaced as necessary to ensure that they function as intended. All mitigation measures shall be inspected on a regular periodic basis by the Designated Person. The appropriate length of time between inspections will vary depending on the actual measure and the nature of the hazard that is being mitigated, but in no case shall the time period between inspections exceed 30 days. For every round of inspections an inspection report shall be completed by the Designated Person on a standardized form. Copies of all inspection reports shall be retained by the Designated Person and made available to City or Building Department staff upon request. Records will be available for a period of 30 days following the termination of the particular mitigation measure or 90 days following the date of the inspection; whichever comes first. Section 106 Enforcement Provisions 106.1 Enforcement Entities - All requirements of this Plan are enforceable by the City of Moab, the Building Official, the Developer, and/or the Lionsback Homeowners Association as applicable. 106.2 Stop Work Order - In the case of the City and the Building Department, compliance with the requirements of this plan may be enforced by the issuance of a Stop Work Order. If a Stop Work Order is issued, the Designated Person shall be notified in writing and a brief description of the violation will be provided. When the violation has been corrected to the satisfaction of the enforcing authority, the Stop Work Order shall be withdrawn and the work may proceed. Page 62 of 96 CHAPTER 2 DEFINITIONS Section 201 General For the purposes of interpreting and enforcing this Plan, the follow words or phrases shall have the meaning ascribed to them in this Chapter Section 202 Definitions Building construction: All construction activities associated with the construction of a building or other structure. Building construction includes only that site work (earthwork, utilities, surface improvements, etc.) directly associated with the building or structure. Building construction does not include site work intended to serve multiple buildings, or the entire development. Building Official: The officer or other designated authority charged with the administration and enforcement of the building code, or a duly authorized representative. Contaminant: An undesirable substance not normally present, or an unusually high concentration of a naturally occurring substance, in water or soil. Contamination: The degradation of natural water quality as a result of man's activities. Designated person: The person appointed by the Developer, the Contractor, and/or the Homeowners Association as appropriate to be the primary contact for all groundwater protection issues and who is responsible for the conformance with the provisions of this plan. Developer: The Lionsback Development Company, LLC, their successors and assigns. DWSP program: The program to protect drinking water source protection zones and management areas from contaminants that may have an adverse effect on the health of persons. DWSP Zone: The surface and subsurface area surrounding a groundwater source of drinking water supplying a Public Water System, through which contaminants are reasonably likely to move toward and reach such groundwater source. Homeowners Association or HOA: The duly created Lionsback Homeowners Association. (see also Property Owners Association) Page 63 of 96 LIONSBACK DEVELOPMENT DWSPP] Infrastructure construction: All construction activities associated with improvements that serve the project as a whole and not just an individual building. Includes grading, utility work, road construction, irrigation systems, and similar. Lionsback DWSPP or Plan: This document. Management Controls: Any action, other than structural mitigation measures, intended to mitigate the hazards associated with a potential contamination source. (Examples: educational brochures, contingency plan, policy prohibiting the use of herbicides or pesticides) Potential contamination source (PCS): Any facility or activity that may potentially contaminate ground water. Project Site: All land area included in the boundaries of the Lionsback Development. Property Owner: Any record owner of real property located within the Lionsback development. Property Owners Association: (see Homeowners Association) Source protection area: see DWSP Zone Structural Mitigation Measure: Physical mitigation measures such as fencing, containment areas, or similar. Term used to differentiate from non-physical mitigation measures such as education. Wellhead: The physical structure, facility, or device at the land surface from or through which groundwater flows or is pumped from subsurface, water -bearing formations. Page 64 of 96 CHAPTER 3 DRINKING WATER SOURCE PROTECTION Section 301 General Public drinking water systems obtain the water that they provide to users from springs, wells, reservoirs, and/or rivers referred to as sources. State and federal regulations require that public drinking water systems protect their drinking water sources from degradation to the quality of the water it produces. The appropriate protective measures vary widely depending on whether the source is surface water or ground water, the location of the source, and many others. Protective measures come in many different forms and can be non-structural (such as land use ordinances, public education, etc.) or structural (such as fencing around wells & springs, enhanced requirements for sewer pipelines, containment areas for hazardous materials, etc.) In all cases the goal is to eliminate or minimize the risk of contamination of the source. Section 302 Contamination Process Described 302.1 Hydrogeologic Setting - The Glen Canyon Aquifer is considered to be an unprotected aquifer. This means that no impervious layer (thick layer of clay, shale, or unfractured bedrock) is present between the ground surface and the ground water level that would prohibit surface water from percolating down to the aquifer. In addition, the rock formations that make up the aquifer (primarily the Navajo sandstone) are known to be highly fractured. Fractures (cracks or joints in the rock) can provide an easy route for water to flow through the bedrock. Therefore, the Glen Canyon Aquifer is described as an unprotected, fractured bedrock aquifer. This means that any liquid or dissolvable material present on the ground surface could flow downward to the aquifer with little or no filtering. Due to this "hydrogeologic setting", the City has designated most of the land surface above the aquifer as a Drinking Water Source Protection Zone. 302.2 Ingredients Required for Contamination — There are four ingredients required for contamination of the aquifer to occur. There must be: 1) A contaminant, a substance that is hazardous to human health if present in drinking water. A list of the 87 drinking water contaminants currently identified by the EPA is provided in Appendix D.; 2) a sufficient quantity of the contaminant to cause elevated concentrations in the aquifer. (The amount that constitutes a significantly quantity varies greatly depending on the nature of the contaminant); 3) a release of the contaminant onto the ground surface or subsurface. Releases can be intentional (in the case of application of insecticides, herbicides, fertilizers, etc) or unintentional (in the case of leaking storage tanks, leaking sewers, spilled materials, etc.); and 4) a method of transport for the contaminant to be carried down to the saturated part of the aquifer (typically infiltrating rainwater, snowmelt, or the contaminant itself if it is a large amount of liquid). This "ingredient list" is somewhat of an oversimplification, however these four ingredients are found in Page 65 of 96 LIONSBACK DEVELOPMENT DWSPP] 95%+ of all contamination occurrences; and the concept is very useful in understanding and identifying potential contamination sources. Section 303 Potential Contamination Sources 303.1 Definition — The State of Utah Division of Drinking Water defines a potential contamination source as: "...any facility or site that employs an activity or procedure that may potentially contaminate ground water; and a hazardous substance is usually associated with the procedures employed at the facility." In other words a potential contamination source will have some or all of the ingredients described in the previous paragraph, usually Ingredients 1 and 2. Two examples of PCS's are provided below. Example 1: Dry Cleaners. The process used to dry clean fabrics requires the use of many chemical compounds. Many of by-products of these chemicals are drinking water contaminants. In addition, a busy dry cleaner will require the storage of sufficient quantities of these hazardous substances to cause concern. (Ingredients 1 & 2) If the chemicals are stored, used, and disposed of properly, contamination should not occur. However, if the chemicals are improperly stored, improperly disposed, or are otherwise mishandled, ingredients 3 and 4 can develop and a contamination hazard now exists. Therefore the facility, the dry cleaning business, is considered a PCS due to the hazardous substances associated with it. Example 2: Active or Abandoned Wells. Wells, especially water wells, provide a direct conduit to the groundwater aquifer (Ingredient #4). Well equipment such as submersible pumps may contain potential contaminants such as lead or mercury that under sealed within the pump housing. (Ingredient # 1) A corroding well pump can cause these materials to be release. Wells that are constructed, operated, maintained and secured properly present minimal risk. Wells that were improperly constructed and/or have not been properly maintained can result in the development of Ingredients 2 and 3. In addition wells provide such a direct conduit to the aquifer that they warrant special attention. There are many instances where a contaminant plume has been traced to an abandoned well. Therefore wells are considered a PCS because of the direct access to the aquifer that they provide. 303.2 Managing PCS's - Any PCS located within a drinking water source area should be managed and controlled to reduce or eliminate the hazard. In order to manage the PCS, its location and properties must be known. All public drinking water systems within Utah are required to maintain an inventory of all PCS's that are located within the protection zone. 303.3 The Lionsback PCS Inventory - The State of Utah Division of Drinking Water (DDW) has compiled a list of 59 PCS's that public drinking water systems should Page 66 of 96 monitor. This list is attached as Appendix E. On the basis of the DDW list, together with the Phase I Environmental Assessment report, a site specific inventory of existing and future PCS's was compiled as shown in Tables 303.1 and 303.2 shown below and on the next page. TABLE 303.1: Inventory of Existing PCS's for Lionsback Development Name of PCS PCS No. in DDW Guidance Identified Hazards Roadways — Sand Flats Rd. and Hells Revenge Rd. #39 Hydrocarbons from leaking fluids, de-icing salts & chemicals, transport of hazardous materials Water well #1 Possible corroded submersible pump, direct conduit to groundwater Page 67 of 96 LIONSBACK DEVELOPMENT DWSPP] TABLE 303.2: Inventory of Future PCS's for Lionsback Development Name of possible PCS PCS No. in DDW Guidance Identified Hazards Roadways — Sand Flats Rd. and Hells Revenge Rd. and internal roads & parking lots serving development #39 Hydrocarbons from leaking fluids, de-icing salts & chemicals, transport of hazardous materials Water well #1 Possible submersible pump, direct conduit to groundwater Sewer system serving project including mains, service connections, manholes, and pumping stations #43 Domestic wastewater Residential pesticide, herbicide, and fertilizer storage and use. #37 Pesticides, herbicides, and fertilizers, and/or their by-products. Car wash area planned for Phase 4. #6 Accumulated concentrations of hydrocarbons, salts, concentrated cleaning products and similar Page 68 of 96 CHAPTER 4 MANAGEMENT PLAN FOR EXISTING POTENTIAL CONTAMINATION SOURCES (PCS'S) Section 401 General This chapter covers the interim period from adoption date of the plan to the start of construction activities. The chapter includes only the management of PCS's that currently exist on the site. The management plan for future PCS's associated with the development activities is covered in Chapters 5 — 8. Section 402 Existing PCS's Two PCS's currently exist on the project site (See Table 303.1). They are: 1. The existing water well located near the existing building the in north -central portion of the site, and 2. The existing public roads traversing the site (Sand Flats Road and Hells Revenge Road). Section 403 Preconstruction Controls 403.1 Existing Water Well - The well is of fairly recent construction (2001) and likely was cased and sealed in accordance with current requirements. The well will be inspected to verify that the annular space was sealed with grout, and that the wellhead is fitted with a locking cover. If these measures are not in place and cannot be safely retrofitted, the well will be abandoned in accordance with state regulations. If the grout seal and locking cover are in place, the area located within a 25-ft radius of the well will be fenced off with construction fencing. With the described measures in place, the well, as a PCS, is considered adequately controlled. To ensure that the well continues to be adequately controlled, the Designated Person will inspect the existing well on a quarterly basis to make sure that the well pump is in operational condition and that the wellhead remains secured. Repairs will be made as necessary to maintain a secure wellhead. 403.2 Existing Public Roads — Sand Flats Road and Hells Revenge Road have been designated by Grand County as a Class B, and Class D county road respectively. As designated public roads there is a public right-of-way associated with each. The Lionsback Development exercises no control over the management of the roads and the roads have not been addressed in this plan. The Developer/Owner has installed a right- of-way fence along each side of Hells Revenge road to eliminate the off road travel that used to occur. Page 69 of 96 LIONSBACK DEVELOPMENT DWSPP] CHAPTER 5 MANAGEMENT PLAN FOR FUTURE POTENTIAL CONTAMINATION SOURCES (PCS's) Section 501 General This chapter outlines the management plan for the control of all PCS's associated with the development in general terms. Specific mitigation controls for each identified PCS will be covered in more detail in Chapters 7, 8, and 9. Section 502 Temporary PCS's Construction activities, both infrastructure and building construction, typically involve the use of some potential groundwater contaminants such as fuels, lubricants, adhesives, and finishes. The Division of Drinking Water does not include construction activities on their PCS list because the quantities of the contaminants are usually small and the duration of the activity is relatively short. However, given the relatively large scale of the Lionsback project and the anticipated duration of construction activities, the cumulative effects could occur. Therefore mitigation measures will be implemented for all construction activity. Detailed descriptions of the planned mitigation are found in Chapters 6 & 7. Section 503 Future PCS's Three new PCS's have been identified for the planned Lionsback development. Together with the two existing PCS's that will remain, there will be five future PCS's. These five PCS's are listed in Chapter 3, Table 303.2, and have been repeated below for convenience. 1. Roads — Sand Flats Rd. and Hells Revenge Rd. and all internal roads & parking lots serving development 2. Water well 3. Sewer system 4. Use of residential pesticides, herbicides and fertilizers 5. Centralized car wash area Section 504 Construction Controls and Long Term Measures 5-10 It is the objective of the Developer to minimize or eliminate all hazards to the quality of the groundwater. Several controls for the protection of the groundwater have been built into the actual design of the project. These built-in controls include the following: Built-in Controls • An overall site layout that accomplishes the desired density with minimal disturbance of the existing site, • Extension of the city sewer system to the project as opposed to using on -site wastewater systems such as septic systems, • A design that preserves all of the existing natural drainages on the site and eliminates the need for stormwater detention or retention areas where contaminants could accumulate, and • Development of a site landscape design and landscaping standards that promote the use of disease resistant, low water plants and severely restrict lawns to minimize the need to use herbicides, pesticides, and fertilizers. These and other similar features of the proposed development will minimize or eliminate some of the potential contamination sources that would usually be associated with more conventional developments. All potential contamination sources cannot be eliminated by design alone. The site and proposed development plan have been carefully evaluated to identify all potential contamination sources. This inventory process is described in more detail in Chapter 3. Each potential contamination sources identified will be mitigated through the use of management controls. A listing of the major management controls that will be implemented is provided below. Further detail on the implementation of the management controls can be found in Chapters 6, 7, and 8. Management Controls • Road salt or other de-icing chemicals will not be used on the development's private roads. • Information intended to educate and raise awareness of the groundwater issue will be distributed to future home owners on a regular basis. • The Homeowners Association will sponsor periodic household hazardous waste collection events to prevent the accumulation of unwanted pesticides, herbicides, stains & varnishes, heavy duty cleaners, and similar. It has been determined that the risk of groundwater contamination due to the activities and uses associated with the development is very low. However, the Owner and subsequently the Homeowners Association will treat any and all potential contamination sources as if they were a major threat. Page 71 of 96 LIONSBACK DEVELOPMENT DWSPP] CHAPTER 6 INFRASTRUCTURE CONSTRUCTION REQUIREMENTS Section 601 General This chapter covers the specific contamination hazards and mitigation controls for infrastructure construction only. Any and all contractors involved in infrastructure construction should also read Chapters 1 — 3 in detail. Section 602 Developer's Responsibilities The Developer will be responsible for ensuring compliance with the provisions of this plan throughout the development process. All contractors bidding on the infrastructure work will be alerted to the sensitive nature of the site and requirements of this plan. The Developer is responsible for ensuring that the Contractor has submitted all required materials and received all necessary sign -offs prior to any work being performed on the project site. Section 603 Contractor's Responsibilities The Contractor shall be responsible for reading and understanding this plan and maintaining a copy of the plan on the job site at all times. The Contractor shall assign one Designated Person who will be the primary contact for the City and the Building Department. The Contractor's Designated Person will be responsible to see that all required submittals, sign -offs, site controls, and other measures required by this plan are completed, approved, and maintained in proper condition as applicable. Section 604 Submittals The following submittals shall be required of all Contractors performing any type of infrastructure work on the project. The submittal sign -off procedure is described in the Section 605. 1. DWSP Site Plan • This shall be a simple plan showing the designated location of vehicle and equipment parking areas; material staging areas; storage area for fuel, lubricants, and all other fluids; trash dumpsters, and toilet facilities. (The plan should be as simple as possible, while still showing all required information.) Page 72 of 96 2. Sewer Pipe and Manhole Information • Provide information on the source and exact type of pipe material to be used for all sewer lines. • Provide shop drawings of all sewer manholes to be used. • Provide shop drawings for all sewer pumping stations. • Provide a construction schedule for the installation of all water and sewer mains associated with the project. (The schedules should include both an overall timeline and a more specific description of the work to be completed in the next three weeks. An updated schedule shall be submitted as necessary). 3. Spill Action Plan • A spill action plan may be required depending on the Contractor's specific work activities and materials. If an action plan is required, it shall include pertinent contact information, MSDS sheets for material of concern, and a brief narrative of spill protocol. A simple plan template will be provided by the City Engineer. Section 605 Sign -off Procedures 605.1 Developer's Review - Prior to the start of any construction activities, the Contractor shall provide all submittals to the Developer. Developer will perform an initial review of the submitted materials to ensure that the submittal package is complete and appears to be in conformance with this plan. The purpose of this initial review is to make the City review as efficient as possible. 605.2 City Review — Upon completion of the Developer's review, the package is to be submitted to the City Engineer. The City Engineer will not accept the submittal package until it has been reviewed and approved by the Developer. The City Engineer will review and take action on the submittal within a reasonable time period. Upon approval, a copy of the submittal package bearing a stamp of approval will be returned to the Developer and the Contractor, after which the Contractor may proceed with construction activities, provided that all other necessary approvals such as grading permits, building permits, and similar have been obtained. In the event that the City Engineer determines that all materials are not in compliance, those portions that are in compliance will be approved. The non -compliant submittals will be returned with written direction provided. Section 606 Potential Contamination Sources Identified There are two PCS's associated with infrastructure construction that have been identified: Page 73 of 96 LIONSBACK DEVELOPMENT DWSPP] 606.1 Sewer system — The project sewer system is considered a PCS because leaks in the system could eventually lead to contamination. The sewer system is not a risk until it is put into service, however proper materials, careful installation, and thorough testing are the best defense against future leaks. Therefore the sewer system is addressed in this chapter. 606.2 Fuels, lubricants, and other contaminants typically associated with construction - Construction activities, both infrastructure and building construction, typically involve the use of materials such as fuels, lubricants, cleaning products, which can produce contaminant by-products. The Division of Drinking Water does not identify construction activities as a significant PCS because the quantities of the contaminants are usually small and the duration of the activity is relatively short. However, given the relatively large scale of the Lionsback project and the anticipated duration of construction activities, the cumulative effects could be significant. Section 607 Required Mitigation Measures The following mitigation measures are required: 607.1 Mitigation for Sewer System — All portions of the sewer system that fall within the Skakel Spring DWSP zone shall be constructed in conformance with the State of Utah, Department of Environmental Quality rules for sewer lines installed in drinking water source protection areas. The rules current at the date of this plan are provided below. In the event that the State rules are amended, whatever rules are current at the start of project construction shall be followed. a) Sewer lines both mains and service connections shall be ductile iron pipe with mechanical joints or fusion welded high density polyethylene plastic pipe (solvent welded joints shall not be accepted); b) Lateral to main connection shall be accomplished with shop fabricated full body wye fittings; c) The sewer pipe to manhole connections shall made using a shop -fabricated sewer pipe seal -ring cast into the manhole base (a mechanical joint shall be installed within 12 inches of the manhole base on each line entering the manhole, regardless of the pipe material); d) Sewer pipe shall be laid with no greater than 2 percent deflection at any joint; e) Trench backfill shall be compacted to not less than 95 percent of maximum laboratory density as determined in accordance with ASTM Standard D-690; f) Sewer manholes shall meet the following requirements: (i) The manhole base and walls, up to a point at least 12 inches above the top of the upper most sewer pipe entering the manhole, shall be shop -fabricated in a single concrete pour. (ii) The manholes shall be constructed of reinforced concrete. (iii) All sewer lines and manholes shall be air pressure tested after installation. Page 74 of 96 g) Structures used in sewer lift stations shall be limited to manhole type structures that comply with the above provisions. Exception: The provisions of paragraph 607.1 are not intended to prevent the use of materials or methods that are superior to those stipulated with respect to leak prevention. An alternative material or method may be approved by the City Public Works Director at his discretion provided that sufficient evidence documenting the superior performance of the proposed material or method is provided, and the City Engineer concurs. 607.2 Mitigation for fuels, lubricants, and other contaminants associated with construction — Methods of work and jobsite conditions shall comply with the following provisions: a) Fuel, lubricants, and other contaminants should be stored and handled offsite if reasonably practicable. b) If contaminants are stored on site, they must be located within a designated containment area. The containment area should be located on fairly level ground, lined with heavy duty plastic sheeting covered with sand, and surrounded by a berm at least 12" high. c) The volume of hazardous fluids stored on site shall never exceed 500 gallons aggregate total. d) All contaminants must be stored in durable water -tight containers when not being used. e) When a container is emptied it must be removed from the site within 24 hours. Empty containers shall be disposed of in accordance with all applicable regulations. Section 608 Record Keeping All structural mitigation measures must be maintained in good condition at all times. Contractor shall comply with all record keeping provisions specified in Chapter 1. Section 609 Contingency Plan If a spill action plan is required (See Section 604), the Contractor shall provide a copy to all personnel working on site. The contingency plan should be clearly explained to all personnel and a copy of the contingency plan must be posted near the containment area. Page 75 of 96 LIONSBACK DEVELOPMENT DWSPP] Section 701 General CHAPTER 7 BUILDING CONSTRUCTION REQUIREMENTS This chapter covers the specific contamination issues and mitigation controls for building construction only. Any and all contractors involved in building construction should also read Chapters 1 — 3 in detail. Section 702 Design Review Committee Responsibilities The Design Review Committee is an entity that will be created by the Owner and/or HOA for the purpose of enforcing design guidelines for all buildings on the project. Since this committee performs a complete review of building plans, it is logical that the committee play a role in ensuring conformance to this plan. The Design Review Committee will be will be responsible for ensuring compliance with the provisions of this plan for all building activities conducted on the project site. The committee shall provide all builders a copy of this plan and explain the applicable sections. Section 703 Contractor Responsibilities The General Contractor shall be responsible for reading and understanding this plan and maintaining a copy of the plan on the job site at all times. The General Contractor shall assign one staff member as the Designated Person who will be the primary contact for the City, the Building Depai anent, and the Homeowners Association if applicable. The General Contractor shall be responsible for compliance with all specific requirements of this chapter, and all other applicable provisions of this plant, by all personnel including Sub -Contractors. Section 704 Submittals Prior to the start of any building activity on any lot or parcel the following submittals shall be required of all Contractors performing any type of building work or site work directly associated with a particular building. The sign -off procedure shall be as described in this Chapter. Site Housekeeping • A housekeeping site plan showing the designated location of vehicle and equipment parking areas; material staging areas; storage area for all job Page 76 of 96 site fluids such as paints, stains, cleaning products, solvents, and similar; trash dumpsters, and temporary toilet facilities. Building Sewer • Information on the source and exact type of pipe material to be used for all exterior sewer lines. • Plan drawing showing the location and depth of the sewer service stub to the property, the proposed alignment of the building sewer, the location of all planned cleanouts, and the general alignment of all other underground utilities. • Detail drawing showing how the proposed connection of the building sewer to the stubbed service line. • Approximate timeline for the installation of the building sewer and connection to the sewer main. • Name and license information for Subcontractor who will be performing the site utility work. Section 705 Sign -off Procedures The review and approval procedure for the required submittals is a two step process outlined as follows: 705.1 Initial Review - The Contractor shall provide all required submittals to the Lionsback Design Review Committee. The committee shall perform an initial review of the submitted materials to ensure that the submittal package is complete and appears to be in conformance with this plan. The committee shall return the package to the Contractor with a brief letter stating that the package was found to be compliant, or if not compliant, a list of items that need to be added or changed. 705.2 City Review — Upon completion of the initial review by the Committee, the Contractor shall make any changes or add additional materials as necessary in response to the Committee's comments. The Contractor shall then provide a copy of the submittal package to the City of Moab Public Works Director. The City will not accept the submittal package until it has received initial review per paragraph 705.1. The Public Works Director or his authorized staff will review the submittals for conformance with this plan, and accepted design practices. The Public Works Director may, at his discretion, require modifications to the design based on the specific facts and circumstances. Upon approval, a copy of the submittal package bearing a stamp of approval will be returned to the Contractor. A building permit will not be issued until the Public Works Director has reviewed and approved the submittal package. Section 706 Potential Contamination Sources Identified The building sewer connection is the only PCS associated with building construction that has been identified. Most contaminant containing products that were used in the past on residential construction sites have been phased out and replaced with safer Page 77 of 96 LIONSBACK DEVELOPMENT DWSPP] products. Studies have confirmed that residential construction and demolition waste can be considered inert, which is why such waste is still permitted to be disposed of in unlined landfills. 706.1 Building Sewer Connection — Service connection sewer lines are more likely to develop leaks than sewer mains. Leaks are often the result of poor installation and backfilling practices; the use of improper materials; interference from trees, foundations, and other buried utilities; and similar causes. A leak may not develop until months or even years after the installation, but the cause of the leak usually originates from the installation. Proper materials, careful installation, and thorough testing are the best defense against future leaks. Section 707 Required Mitigation Measures The following mitigation measures are required: 707.1 Mitigation for Sewer System — All building sewer lines within the project shall be constructed in conformance with the following provisions: a) Pipe material shall be ductile iron pipe with mechanical joints or fusion welded high -density polyethylene plastic pipe (solvent welded joints shall not be accepted). b) Pipe shall be carefully bedded using small competent material with a maximum particle diameter of 3/4". c) Sewer pipe shall be laid with no greater than two percent deflection at any j oint. d) Pipe trenches must be inspected and approved by the Building Official or Public Works Director prior to the placement of any backfill. e) Trench backfill shall be compacted to not less than 95 percent of maximum laboratory density as determined in accordance with ASTM Standard D-690; f) Provisions shall be made so that the building sewer, (with the exception of the final joint(s), can be pressure tested after the pipe is backfilled.. Section 708 Record Keeping Contractor shall retain copies of all reports for compaction testing of sewer trench backfill and pressure testing of building sewer line. Section 709 Contingency Plan Not required. Page 78 of 96 CHAPTER 8 PROPERTY OWNERS' REQUIREMENTS Section 801 General This chapter covers the specific contamination issues and corresponding mitigation controls associated with the long term uses planned for the development; specifically single and multi -family residences and typical resort type activities. This chapter is applicable to all lot owners, homeowners, resort staff, and guests. Section 802 Developer Responsibilities The Developer shall be responsible for the compliance of all unplatted future phases, platted but unsold lots, and all common parcels that have not yet been officially accepted by the Lionsback Homeowners Association. The Developer shall also be initially responsible for all requirements assigned to the Homeowners' Association, until such time as the association becomes an effective body politic, has held at least one annual meeting, and has assigned a Designated Person as defined herein. The transfer of responsibility to the Association shall be accompanied by a written notification of the transfer and proof of acceptance by the Association shall be kept on file. Section 803 Property Owner (Individual) Responsibilities Any owner of a home, condo unit or building lot within the Lionsback Development shall be responsible for compliance with this plan; particularly the required mitigation measures outlined in this chapter. Owners should bear in mind that the purpose of this plan is to protect the quality of the Moab's drinking water, including the water that supplies the Lionsback Development. Owners are responsible for the actions of their guests and anyone performing work at their direction on the property. All property owners are responsible for reporting any situation, intentional or otherwise, that has the potential to contaminate the groundwater. Further detail on the reporting process can be found in Section 810. Section 804 Homeowners Association Responsibilities The HOA is assigned the following responsibilities by this plan. • The designation of an HOA officer to serve as the Designated Person for all matters pertaining to groundwater contamination; (see also Section 805 Submittals) Page 79 of 96 LIONSBACK DEVELOPMENT DWSPP] • The compliance of all property within the development, including common and individually owned parcels, except for property still under the ownership of the Developer; • The implementation of all required mitigation measures specified in this chapter; • The periodic evaluation and update of this plan as outlined in Chapter 9; and • The reporting, to the City Public Works Department, of any situation, intentional or otherwise, that has the potential to cause groundwater contamination. Section 805 Submittals The submittals listed in the following table are required for compliance with this plan: TABLE 805.1: Submittals Required by Chanter 8 Party(s) Responsible for the Submittal Description of Submittal Submitted to: Due Date/ Frequency: Developer Map showing all recorded City Engineering Department Submit annually by January 31, starting the 1st calendar year following the approval of the first Final Plat lots and tracts with Record Owner of each parcel identified. Developer Operation & Maintenance plan covering all watershed protection measures to be implemented with the central car wash facility. Building Department One time submittal required prior to a Certificate of Occupancy for car wash. Property Owner (Individual) None Building Department Homeowners Association Page 80 of 96 Table Prior to the start of any building activity on any lot or parcel the following submittals shall be required of all Contractors performing any type of building work or site work directly associated with a particular building. The sign -off procedure shall be as described in this Chapter. Site Housekeeping • A housekeeping site plan showing the designated location of vehicle and equipment parking areas; material staging areas; storage area for all job site fluids such as paints, stains, cleaning products, solvents, and similar; trash dumpsters, and temporary toilet facilities. Building Sewer • Information on the source and exact type of pipe material to be used for all exterior sewer lines. • Plan drawing showing the location and depth of the sewer service stub to the property, the proposed alignment of the building sewer, the location of all planned cleanouts, and the general alignment of all other underground utilities. • Detail drawing showing how the proposed connection of the building sewer to the stubbed service line. • Approximate timeline for the installation of the building sewer and connection to the sewer main. • Name and license information for Subcontractor who will be performing the site utility work. Section 806 Sign -off Procedures Prior to the start of any construction activities, the Contractor shall 705.1 Initial Review - Prior to the start of any construction activities, the Contractor shall provide to the Design Review Committee all submittals required by this Chapter. The Committee will perform an initial review of the submitted materials to ensure that the submittal package is complete and appears to be in conformance with this plan. 705.2 City Review — Upon completion of the initial review, the Contractor shall provide a copy of the submittal package to the Public Works Director. The City will not accept the submittal package until it has been reviewed and approved by the Design Review Committee. The Public Works Director or his authorized personnel will review the submittals for conformance with this plan, and accepted design practices. The Public Works Director may, at his discretion, require modifications to the design based on the specific facts and circumstances. Upon approval, a copy of the submittal package bearing a stamp of approval will be returned to the Contractor. A building permit will not be issued until the Public Works Director has reviewed and approved the submittal package. Section 808 Potential Contamination Sources Identified Page 81 of 96 LIONSBACK DEVELOPMENT DWSPP] The PCS's that will continue after the completion of construction were identified previously in Table 303.2. The table is copied below for reference. Following the table, each PCS is described in more detail. TABLE 303.2: Inventory of Future PCS's for Lionsback Development Name of possible PCS PCS No. in DDW Guidance Identified Hazards Roadways — Sand Flats #39 Hydrocarbons from leaking fluids, de-icing salts & chemicals, transport of hazardous materials Rd. and Hells Revenge Rd. and internal roads & parking lots serving development Water well #1 Possible submersible pump, direct conduit to groundwater Sewer system serving #43 Domestic wastewater project including mains, service connections, manholes, and pumping stations Residential pesticide, herbicide, and fertilizer storage and use. #37 Pesticides, herbicides, and fertilizers, and/or their by - products. Stormwater impoundment sites and snow dumps #47 Accumulated concentrations of hydrocarbons, salts, de- icing chemicals and similar Car wash area planned for Phase 4. #6 Accumulated concentrations of hydrocarbons, salts, concentrated cleaning products and similar Page 82 of 96 808.1 Roadways — 808.2 Water well — 808.3 Sewer system — 808.4 Use of pesticides, herbicides and fertilizers- 808.5 Stormwater impoundment sites and snow dumps — 808.6 Community vehicle wash facility — Section 809 Required Mitigation Measures For each future PCS identified, one or more mitigation measures are required. These mitigation measures are a combination of Section 810 Record Keeping Info on reporting Section 811 Contingency Plan Page 83 of 96 J LIONSBACK DEVELOPMENT DWSPP] CHAPTER 9 PLAN UPDATES Section 901 General Section 902 Procedure Page 84 of 96 Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: Appendix I: APPENDICES Lionsback Pre -Annexation Agreement — Section 8 Drinking Water Source Protection (2009) Map of DWSP Zones for Skakel Spring (Copied from Skakel Spring, Drinking Water Source Protection Plan, City of Moab, January 2001) Lionsback Resort Preliminary Site Plan EPA National Primary & Secondary Drinking Water Standards (Copied from U.S. EPA's website, www.epa.gov/OGWDW/) List of the Most Common Potential Contamination Sources (Copied from GROUND WATER SOURCE PROTECTION USER'S GUIDE, State of Utah, Department of Environmental Quality, Division of Drinking Water, November 2005) Phase 1 Environmental Site Assessment, selected sections (Buckhorn/Geotech, 2007) Lionsback Resort Preliminary Drainage Report, selected sections (Foley & Associates, 2007) Preliminary Geologic and Geotechnical Site Assessment, selection sections (Buckhorn/Geotech, 2007) Well Log Information for Water Well #_ (Source: Utah Division of Water Rights) Page 85 of 96 The appendices to this document are very voluminous. Copies of the supporting materials are available for review in the City Engineer's Office. Page 86 of 96 Appendix A Lionsback Pre -Annexation Agreement — Section 8, Drinking Water Source Protection 8. Drinking Water Source Protection. 8.1. General. The Parties acknowledge that portions of the Property and other lands covered by this Agreement are situated within or adjacent to areas which are subject to drinking water source protection zones, as established in Chapter 13.26 of the Moab Municipal Code. It is agreed that all drinking water source protection zones shall be clearly identified and demarcated on the Final Master Development Plan and each subsequent plat for each phase of the Project under this Agreement and that the Company will adhere to Zone Two Drinking Water Source Protection Standards, as defined by Chapter 13.26 of the Municipal Code, for the entirety of the Property and the Adjoining Property. All such standards will be finalized in conjunction with the approval of the Final Master Development Plan. A plat note shall be appended specifying that all development within such zones shall comply with Zone Two design standards and mitigation measures as may be required by the City to comply with Chapter 13.26 and assure no degradation of existing ground water sources. 8.2. Source Protection Plan. The materials submitted with the Final Master Plan Development Plan shall include a site specific Drinking Water Source Protection Plan for the Project (excluding the uses and activities associated with Hells Revenge, which is not the responsibility of Company) containing, at minimum, the following elements: A. A compilation of all hydrologic information pertaining to the Project site, including maps, well information, geotechnical reports, and the like; B. A list of new Potential Contamination Sources that may be created by the development, including any temporary sources that may be associated with construction; C. A description of all proposed mitigation measures, including: 1) construction housekeeping practices for all contractors; 2) specifications for sewer line construction; 3) description of storm water best management practices to be applied to the site; 4) detailed inspection, maintenance, and operations plans for all mitigation measures; and 5) other control measures, including covenant declarations, etc.; D. A sample informational brochure for homeowners explaining drinking water source protection measures, potential contaminants, proper handling procedures, emergency contact information, and reference sources; occurrence; E. A detailed action plan covering a potential contamination Page 87 of 96 F. An identification of the Designated Person for the Company's drinking water source protection program; and G. A record keeping section with appropriate report forms for use by City staff in monitoring compliance with the plan. 8.3. Utility Specifications. In addition to all other applicable standards and requirements, the sewer collection system for the Project shall comply with the standards for sewer lines within water protection areas as set forth in U.A.C. R309-515-6(4). In the case of conflicting requirements, the more stringent requirement shall apply. 8.4. Stormwater Management. In addition to all other applicable standards and requirements, the stormwater collection system for the Project shall incorporate applicable best management practices that reduce or eliminate the potential for contaminant infiltration into groundwater beneath or adjacent to the Project, as specified in the Stormwater BMP Database (http://www.bmpdatabase.org/). Page 88 of 96 Appendix B Map of DWSP Zones for Skakel Spring (Copied from Skakel Spring, Drinking Water Source Protection Plan, City of Moab, January 2001) [Document begins on next page.] Page 89 of 96 Appendix C Lionsback Resort Preliminary Site Plan [Document begins on next page.] Page 90 of 96 Appendix D EPA National Primary & Secondary Drinking Water Standards (Copied from U.S. EPA's website, www.epa.gov/OGWDW/) [Document begins on next page.] Page 91 of 96 Appendix E List of the Most Common Potential Contamination Sources (Copied from GROUND WATER SOURCE PROTECTION USER'S GUIDE, State of Utah, Department of Environmental Quality, Division of Drinking Water, November 2005) [Document begins on next page.] Page 92 of 96 Appendix F Phase 1 Environmental Site Assessment, selected sections [Document begins on next page.] Page 93 of 96 Appendix G Lionsback Resort Preliminary Drainage Report, selected sections [Document begins on next page.] Page 94 of 96 Appendix H Preliminary Geologic and Geotechnical Site Assessment, selection sections ( Buckhorn/Geotech, 2007) [Document begins on next page.] Page 95 of 96 Appendix I Well Log Information for Water Well # (Source: Utah Division of Water Rights) [Document begins on next page.] Page 96 of 96