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HomeMy Public PortalAboutPKT-CC-2011-03-22CITY OF MOAB March 22, 2011 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 92 Page 2 of 92 Moab City Council Master Meeting Calendar* March 2011 March 2°" S M T W T F Apr" 2°" S S M T W T F S 13 20 27 1 2 3 4 6 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 5 12 3 4 5 6 19 10 11 12 13 26 17 18 19 20 24 25 26 27 1 2 7 8 9 14 15 16 21 22 23 28 29 30 `c m 2 N LLc2 N o m m 2 CO 0 N ' N Q r N (0 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Feb 27 28 Mar 1 2 3 4 5 3100pm 4:00pm GC Counci 5:00pm 6:00pm IQMU Boa 7:00pm 9:00pm GC Counci 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 6 7 8 9 10 11 12 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 12:00pm 2:00pm TRAIL 3:00pm 5:00pm SFSC 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP 6:30pm 9:00pm Moab CC 13 14 15 16 17 18 19 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:30pm 7:00pm 6:30pm GCLB 7:00pm GCSDBE 8:30pm CVTC 7:30pm GCRSSD 20 21 22 23 24 25 26 12:00pm 12:30pm M I FJi 5:00pm 6:00pm SEUDHD 6:00pm 7:00pm GC PC 5:30pm 6:30pm 6:30pm MATCAB 8:00pm Moab PC 6:30pm 9:00pm Moab CC 27 28 29 30 31 Apr 2 Moab Oty Recorder's Office 1 3/18/2011 4:05 PM *Meeting end times are approximations only Page 3 of 92 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Page 4 of 92 Moab City Council Master Meeting Calendar* April 2011 April2°" S M T W T F May2°" S S M T W T F S 10 17 24 1 3 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 2 1 2 3 4 9 8 9 10 11 16 15 16 17 18 23 22 23 24 25 30 29 30 31 5 6 7 12 13 14 19 20 21 26 27 28 N N N t9 rn M 0 M N r` 0 M Nq Q Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mar 27 28 29 30 31 Apr 1 2 3 4 5 6 7 8 9 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 3:00pm 4:00pm GC Counci 5:00pm 6:00pm kZMU Boa 7:00pm 9:00pm GC Counci 7:00pm 7:30pm Special CC 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 10 11 12 13 14 15 16 12:30pm 2:00pm GCCOA 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBE N 3:00pm 3:30pm MVFPD 6:00pm 6:00pm 7:00pm 7:00pm GC PC 7:00pm TSSSFD 8:00pm TSSD 6:30pm 7:00pm 8:00pm Moab PC 8:00pm CVFP �:00pm Moab CC , 17 18 19 20 21 22 23 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:30pm 7:00pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 8:30pm CVTC 7:30pm GCRSSD 7:00pm 8:00pm Special 11 24 25 26 27 28 29 30 12:00pm 12:30pm MTPSC 6:00pm 7:00pm GC PC 5:30pm 6:30pm MATCAB 6:30pm 9:00pm Moab CC 6:30pm 8:00pm Moab PC Moab Oty Recorder's Office 2 3/18/2011 4:05 PM *Meeting end times are approximations only Page 5 of 92 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last Thursday CVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd Thursday CVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Grand Center 4th Wednesday GCLB Grand County Library Board 257 East Center Street 2nd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd Thursday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices TRAIL MIX Trail Mix Grand Center 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Tuesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Page 6 of 92 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, March 22, 2011 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 February 2 and 3, 2011 1-2 February 8, 2011 1-3 February 22, 2011 1-4 March 2, 2011 1-5 March 8, 2011 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 Approval of a Special Business Event License for Scott Newton to Conduct a Cycling Event, Gran Fondo Moab on May 6 and 7, 2011 4-2 Approval of a Moved -on Structure Permit for Shannon Clarke, d.b.a. Millenium Shades Sunglass Company to Conduct Sunglass Sales Located at 391 South Main Street from April 15 to May 2, 2011 4-3 Approval of a Performance Permit for John Kovash to Conduct Free Outdoor Downtown Concerts during the Artwalk Events on April 2 and 9, May 7 and 14 and June 11, 2011 at Various Downtown Locations Page 7 of 92 SECTION 5: NEW BUSINESS 5-1 Approval of Proposed Ordinance #2011-01— An Ordinance Amending the City of Moab Municipal Code, Title 17.00, Zoning and Specifically Amending Chapters 17.06, 17.09, and 17.45 with the Addition of Other Public Facilities in the R-2 Zone 5-2 Consideration of Proposed Ordinance #2011-10 — An Ordinance of the City of Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving of an Application to Rezone Portions of The Red Rock Partners Property Located at 61 North 100 West from C-2 and R-4 to C-3 5-3 Approval of Proposed Ordinance #2011-02 — An Ordinance Amending the City of Moab Municipal Code, Section 17.09.270, Off-street Parking and Loading Access to Facilities with Clarification of the Types of Acceptable Materials for the Construction of Driveways, Parking and Loading Areas 5-4 Discussion and Consideration of a Share of Costs Associated with Joint Lobbying SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF 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 8 of 92 MOAB CITY COUNCIL SPECIAL MEETING February 2 and 3, 2011 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 8:46 AM. In attendance were Councilmembers Sarah Bauman, Kirstin Peterson, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Planning Director Jeff Reinhart, Community Development Director David Olsen, Public Works Director Jeff Foster, Water Superintendent Lloyd Swenson, Street Superintendent Ken Denney, Facilities Supervisor Chace Gholson, Parks Superintendent Mark Marshall, Administrative Analyst/Economic Development Coordinator Kenneth F. Davey, Recreation Coordinator John Geiger, Moab Recreation and Aquatic Center Director Terry Lewis, Aquatic Manager Patrick Baril, Moab Arts and Recreation Center Administrator Laurie Collins, Planning and Community Development Director David Olsen, Film Commission Director Tara Penner, Teen Center Director Jen Williams, Police Chief Michael Navarre, Police Officer III Craig Shumway, Police Lieutenant Scott Mallon and Animal Control Officer Randy Zimmerman. The purpose of the Special Meeting was a Visioning Workshop between Elected Officials and City Departments. City Manager Metzler made a brief presentation. Each Department made a presentation. Discussion followed amongst City Staff and City Councilmembers. Mayor Sakrison recessed the Special Meeting at 2:35 PM. Mayor Sakrison reconvened the Special Meeting on February 3, 2011 at 9:00 AM. A presentation was made regarding City Council goals for the upcoming year. Discussion followed. Mayor Sakrison adjourned the Special Meeting at 11:07 AM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING DISCUSSION REGARDING VISIONING MEETING RECESSED MEETING RECONVENED DISCUSSION CONTINUED ADJOURNMENT February 2 and 3, 2011 Page 1 of 1 Page 9 of 92 MOAB CITY COUNCIL REGULAR MEETING February 8, 2011 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and citizen B.D. Howard led in the Pledge of Allegiance. Twenty- three (23) members of the audience and media were present. Also in attendance were Planning Director Jeff Reinhart, Community Development Director David Olsen, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Police Chief Mike Navarre and City Engineer Rebecca Andrus. Councilmember Stucki moved to approve the Regular City Council Minutes of January 25, 2011. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that the 500 West/300 West Pedestrian Bridge was going out to bid and should be completed by May, 2011. Under Engineering Department Update, City Engineer Andrus stated that she had met with the Utah Department of Transportation (UDOT) and that the 500 West/300 West Pedestrian Bridge was going out to bid. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison presented Ariahna Groesbeck with the Mayor's Student Citizenship of the Month Award for February 2011. A presentation was made by Superintendent Margaret Hopkin and Board Member Jim Webster of the Grand County School District regarding Legislative Issues and Local Support. Councilmember Davis moved to approve the consent agenda as follows: 1. Approval of a Request for an Amplified Music Event at Old City Park by the Moab Music Festival, to be held on September 4 and 5, 2011 2. Approval of a Special Events Business License for Moab Half Marathon to Conduct the Canyonlands Half Marathon on March 15 to 19, 2011 3. Approval of a Request for Use of Swanny City Park by Canyonlands Half Marathon on March 18 to 19, 2011 4. Approval of a Request for a Fee Waiver of Gym Rental Fees by REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE MAYOR STUDENT OF THE MONTH FOR FEBRUARY 2011 PRESENTATION CONSENT AGENDA, APPROVED February 08, 2011 P46144 04 Canyonlands Half Marathon in an Amount Not to Exceed $1485.00 5. Approval of Proposed Resolution #05-2011— A Resolution Supporting Utah's Adoption of the 2009 International Energy Conservation Code for Utah Homes 6. Approval of a Moved -on Structure for David Harriton, d.b.a. American Expedition Vehicles located at 356 South Main Street to Conduct Display of Jeeps and Jeep Accessories on April 18 to 22, 2011 7. Approval of a Request by Rhonda Risenhoover for an Amplified Music Event at Old City Park on May 21, 2011 8. Approval of a Moved -on Structure Permit for City Market located at 425 South Main Street to Conduct a Garden Center from March 10 to June 30, 2011 Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Davis moved to approve a Solicitor License for T.J. Cartwright, d.b.a. Kelly's Insulation to conduct an Insulation business. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Mayor Sakrison opened a public hearing on Proposed Ordinance #2011- 03 — An Ordinance Vacating in Part the Planned Unit Development Plat for the Portal Park Subdivision P.U.D. and Rezoning Portion of the Subject Property to the R-4 Zoning Designation and Proposed Resolution #02-2011— A Resolution of the City of Moab Amending the Fiscal Year 2010-2011 Annual Budget at 7:29 PM. Planning Director Reinhart made a presentation regarding Proposed Ordinance #2011-03. Lorri Benefield and Maggie Corson spoke regarding Proposed Ordinance #2011-03 and distributed written comments. City Manager Metzler made a presentation regarding Proposed Resolution #02-2011. Discussion followed. Mayor Sakrison closed the public hearing at 8:00 PM. Councilmember Stucki moved to approve a Grant Agreement by and between the City of Moab and the State of Utah, Division of Natural Resources, Division of Forestry, Fire and State Lands. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Proposed Resolution #07- 2011—A Resolution Adopting the City of Moab Health Reimbursement Arrangement (HRA) Plan and Summary Plan Description Documents. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve the Elimination of the City of Moab Flexible Benefits Plan Election Form/Contract and Compensation Reduction Agreement. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to table Approval of Proposed Ordinance #2011-02 — An Ordinance Amending the City of Moab Municipal Code, Section 17.09.270, Off-street Parking and Loading — Access to Facilities with Clarification of the Types of Acceptable Materials for the Construction of Driveways, Parking, and Loading Areas. Councilmember Stucki seconded the motion. The motion failed 2-2 aye with Councilmembers Davis and Bailey voting nay. Councilmember Peterson moved to send Proposed Ordinance #2011-02 — An Ordinance Amending the City of Moab Municipal Code, Section SOLICITOR LICENSE, APPROVED PUBLIC HEARING OPENED PUBLIC HEARING CLOSED GRANT AGREEMENT, APPROVED PROPOSED RESOLUTION #07- 2011, APPROVED ELIMINATION OF CITY OF MOAB FLEXIBLE PLAN FORM/CONTRACT, APPROVED TABLE OF PROPOSED ORDINANCE #2011-02, FAILED PROPOSED ORDINANCE#2011- 02 SENT BACK TO STAFF, APPROVED February 08, 2011 17.09.270, Off-street Parking and Loading — Access to Facilities with Clarification of the Types of Acceptable Materials for the Construction of Driveways, Parking, and Loading Areas back to staff for clarification. Councilmember Stucki seconded the motion. The motion carried 3-2 aye with Councilmembers Stucki and Peterson voting aye, Councilmembers Davis and Bailey voting nay and Mayor Sakrison voting aye to break the tie vote. Councilmember Peterson moved to send Proposed Ordinance #2011-01 —An Ordinance Amending the City of Moab Municipal Code, Title 17.00, Zoning and Specifically Amending Chapters 17.06, 17.09, and 17.45 with the Addition of Other Public Facilities in the R-2 Zone to public hearing. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Amendment #2 to the Improvements Agreement by and between the City of Moab and Moab Valley Health Care. Councilmember Davis seconded the motion. Councilmember Bailey disclosed that he is a member of the Moab Valley Health Care Board. The motion passed 4-0 aye. Councilmember Peterson moved to Award the City Center Photovoltaic System Proposal to Intermountain Wind and Solar in the amount of $225,000.00. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Stucki moved to approve the City Center Photovoltaic System Contract. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Peterson moved to approve Proposed Resolution #06- 2011— A Resolution Amending the Moab Recreation and Aquatic Center Fee Structure. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Bailey moved to Confirm the Mayoral Appointment of Tom Lacey as a Representative to the Canyonlands Health Care Special Service District. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve Proposed Resolution #04-2011 —A Resolution Accepting the Public Improvements Constructed in Association with Phase One of the Subdivision Known as The Haciendas Subdivision and Authorizing the Release of the Performance Guaranty Associated with Said Improvements. Councilmember Davis seconded the motion. The motion carried 4-0 aye. There was no Correspondence to be Read. Under Administrative Reports, City Manager Metzler stated that the budget process was beginning, that departmental budgets were due to her on March 1, 2011 and that the City Council would receive a balanced budget on April 1, 2011. City Manager Metzler then stated that she would be meeting with UDOT the next week as well as MWH Americas to discuss issues that were brought up at a previous public hearing. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember Peterson moved to pay the bills against the City of February 08, 2011 PROPOSED ORDINANCE#2011- 01 SENT TO PUBLIC HEARING AMENDMENT #2 TO MVHC IMPROVEMENTS AGREEMENT, APPROVED CITY CENTER PHOTOVOLTAIC SYSTEM PROPOSAL AWARDED CITY CENTER PHOTOVOLTAIC SYSTEM CONTRACT, APPROVED PROPOSED RESOLUTION #06- 2011, APPROVED MAYORAL APPOINTMENT TO THE CANYONLANDS HEALTH CARE SPECIAL SERVICE DISTRICT, CONFIRMED PROPOSED RESOLUTION #04- 2011, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS IPatie15 ,09i Moab in the amount of $1,312,246.84. Councilmember Bailey seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 8:45 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder ADJOURNMENT February 08, 2011 IPaiRel$ 09i MOAB CITY COUNCIL REGULAR MEETING February 22, 2011 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Sarah Bauman, Jeffrey Davis and Gregg Stucki; City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and citizen B.D. Howard led in the Pledge of Allegiance. Three (3) members of the audience were present. Also in attendance were Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Public Works Director Jeff Foster, Police Chief Mike Navarre and City Engineer Rebecca Andrus. Councilmember Davis moved to approve the Regular City Council Minutes of December 14, 2010 and January 11, 2011. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Under Citizens to Be Heard, Sara Melnicoff stated that the Millcreek Partnership continues as does the Friends of the Parkway and stated that she was very happy to have a relationship with the City. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that she had been quite busy and had met with the Utah Department of Transportation (UDOT) regarding the Stewart Canyon Project and that there would be a kick-off stakeholders meeting for the highway 191 project. City Engineer Andrus stated that she had met with the Urban Subcommittee in Spanish Fork, Utah and that phase three of the 500 West Project would be moved up from 2015 to 2014. Under Planning Department Update, Planning Director Reinhart reviewed the next Planning Commission Meeting agenda and stated that the Planning Commission had requested a joint meeting on March 24, 2011 to discuss the barriers to affordable housing. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that a certificate of occupancy had been issued to the new hospital and that he would be attending an in-depth training on equipment at the Moab Recreation and Aquatic Center (MRAC) on March 7, 2011. City Manager Metzler stated that there would be a City Council tour of the MRAC on March 4, 2011. Public Works Director Foster continued that departments had been working on their fiscal year 2011-2012 budgets and that the Streets Department had been working on various pedestrian crossings around town as well as the four-way stop at the intersection of 400 North and 500 West. Public Works Director Foster then stated that there had been a lot of utility projects within our community during the past several weeks. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE February 22, 2011 P40614 091 Councilmember Bailey moved to approve Proposed Resolution #02-2011 —A Resolution of the City of Moab Amending the Fiscal Year 2010-2011 Annual Budget. Councilmember Bauman seconded the motion. The motion carried 3-1 aye by a roll -call -vote with Councilmember Davis voting nay. Councilmember Bauman moved to approve a Special Business Event License for the Moab Valley Multicultural Center to Conduct a Celebration of Motherhood on May 7, 2011 at Swanny City Park with the condition that there be no music after 10:00 PM. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bauman moved to approve a Request for Use of Swanny City Park by the Moab Valley Multicultural Center on May 7, 2011. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. Councilmember Bailey moved to approve a Special Event License for Skinny Tire Festival to Conduct a Road Cycling Event on March 11 to 15, 2011. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve the Award of the Records Management and Field Reporting Systems Proposal to FATPOT Technologies in the amount of $55,000.00. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Councilmember Stucki moved to approve a Software License Agreement with FATPOT Technologies, LLC for the Records Management and Field Reporting Systems Proposal. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. There was no Correspondence to be Read. Under Administrative Reports, City Manager Metzler stated that departmental budgets were due to her on March 1, 2011 and that the City Council would receive a balanced budget on April 1, 2011. City Manager Metzler then stated that staff had identified long range planning in conjunction with the City's Visioning process, and that the City had received a request for an Impact Fee Appeal Hearing. City Manager Metzler then stated that recycling containers had been placed on Main Street and that she had received some positive feedback regarding the new containers. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $121,866.18. Councilmember Stucki seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Mayor Sakrison adjourned the meeting at 7:33 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder PROPOSED RESOLUTION #02- 2011, APPROVED SPECIAL BUSINESS EVENT LICENSE FOR MOAB VALLEY MULTICULTURAL CENTER, APPROVED REQUEST FOR USE OF SWANNY CITY PARK BY MOAB VALLEY MULTICULTURAL CENTER, APPROVED SPECIAL EVENT LICENSE FOR SKINNY TIRE FESTIVAL, APPROVED RECORDS MANAGEMENT AND FIELD REPORTING SYSTEMS PROPOSAL FOR THE POLICE DEPARTMENT, AWARDED SOFTWARE LICENSE AGREEMENT, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT February 22, 2011 February 22, 2011 February 22, 2011 MOAB CITY COUNCIL SPECIAL MEETING March 2, 2011 The Moab City Council held a Special City Council Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special City Council Meeting to order at 3:30 PM. Also in attendance were City Councilmembers Gregg Stucki, Kyle Bailey, Kirstin Peterson and Jeffrey Davis; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, City Treasurer Jennie Ross and Administrative Analyst/Economic Development Coordinator Kenneth Davey. Three (3) members of the audience were also present. The purpose of the special meeting was an Impact Fee Appeal Hearing for Zach Bynum, owner of the Peace Tree Cafe, located at 20 South Main Street. Mr. Bynum made a presentation regarding his appeal of the impact fees for the Peace Tree Cafe that had been previously reviewed and upheld by City Manager Metzler. Discussion followed. City Manager Metzler made a presentation regarding her review of the impact fees for the Peace Tree Caf6. Discussion followed. Councilmember Davis moved to uphold the review decision of City Manager Metzler in reference to her review of the impact fees for the Peace Tree Caf6 located at 20 South Main Street in the amount of $14,602.42. Councilmember Peterson seconded the motion. The motion carried 4-0 aye by a roll -call -vote. Councilmember Peterson moved to adjourn the meeting. Councilmember Davis seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Special Meeting at 5:02 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder SPECIAL MEETING AND ATTENDANCE PURPOSE OF SPECIAL MEETING PRESENTATION AND DISCUSSION PRESENTATION AND DISCUSSION REVIEW DECISION OF CITY MANAGER UPHELD MOTION TO ADJOURN, APPROVED ADJOURNMENT March 2, 2011 Page 18 of 92 Page 1 of 1 MOAB CITY COUNCIL REGULAR MEETING March 8, 2011 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Pro-tem Kyle Bailey called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kirstin Peterson, Sarah Bauman, Jeffrey Davis and Gregg Stucki; City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. Mayor Pro-tem Bailey called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Fifty-eight (58) members of the audience were present. Also in attendance were Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Community Development Director David Olsen, Public Works Director Jeff Foster, Police Chief Mike Navarre and City Engineer Rebecca Andrus. There were no minutes to be approved. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that she had attended a Utah Department of Transportation meeting in Richfield with County Engineer Mark Wright regarding the Highway 191 project. Councilmember Stucki inquired if white stop bars could be painted at the four-way stop intersection of 400 North and 500 West. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. The Mayor's Student Citizenship of the Month Award for March 2011 was canceled. A presentation was made by the Grand County Middle School Teen Advocates. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE STUDENT OF THE MONTH PRESENTATION Councilmember Peterson moved to approve a Request by Jeanie Mudd for REQUEST FOR FEE WAIVER AT Waiver of Park Reservation Fees at Old City Park to Conduct a Weekly OLD CITY PARK FOR JEANIE MUDD TO CONDUCT A WEEKLY Farmer's Market from May 11 to October 19, 2011 with the condition that FARMERS MARKET, APPROVED the weekly market would be moved if a paying event requested the same park space. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve the consent agenda as follows: 1) Approval of a Special Business Event License for Rockwell Relay to Conduct a Road Bike Relay Race on June 9 to June 10, 2011; 2) Approval of a Request for Use of Swanny City Park by Rockwell CONSENT AGENDA, APPROVED March 8, 2011 P41Ei4 091 Relay on June 9 and 10, 2011; 3) Approval of a Request for Use of Swanny City Park by Red Rock Relay LLC on May 14, 2011; 4) Approval of a Special Business Event License for Red Rock Relay LLC to Conduct a Team Running Event on May 14, 2011; 5) Approval of a Request for an Amplified Music Event at Old City Park by Dick Pacheco on September 9 and 10, 2011; 6) Approval of Local Consent of an On -Premise Beer License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191; 7) Approval of Local Consent of a Limited Restaurant License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191; 8) Approval of Local Consent of a Full -Service Restaurant Liquor License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191; 9) Approval of Local Consent of a Club Liquor License for Rex Tanner, d.b.a. Blu Management LLC Located at 811 South Highway 191; 10) Approval of a Moved -on Structure Permit for Geovana Romero to Conduct a To -Go Taco Shop (Tacos Jalisco) Located at 702 South Main Street From March 15 to October 15, 2011; 11) Approval of Moved -on Structure Permit for Sharee Carlson to Conduct the Ball Park Concessionaire Services (Grannies Snack Shack) Located at the Moab City Ballpark from March 15 to November 15, 2011; 12) Approval of a Request for an Amplified Music Event at Old City Park by David Lamb on May 21, 2011 Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Mayor Pro-tem Bailey opened a public hearing at 7:12 PM on Proposed Ordinance #2011-01 — An Ordinance Amending the City of Moab Municipal Code, Title 17.00, Zoning and Specifically Amending Chapters 17.06, 17.09, and 17.45 with the Addition of Other Public Facilities in the R-2 Zone. Planning Director Reinhart made a brief presentation regarding the proposed ordinance. Izzy Nelson stated that he lives on Tusher and is an adjacent resident to the property proposed for the change and that he welcomes the amendment. Mr. Nelson stated that he believes it will broaden the school districts opportunities with that property and as an adjacent property owner, he feels it is a "win -win" situation. Dave Bierscheid thanked City Staff and the Planning Commission for their work on the proposed ordinance and he stated that he considered the proposed ordinance a proactive approach to zoning that would give the City the latitude to make certain that the public needs are served. Moab City Planning Commission Member Jeanette Kopell stated that she was pleased that so many members of the public were present at the public hearing and that she felt the proposed changes to the code were all positive, that there were no negative changes and that it was structured so that everyone would win. Mayor Pro-tem Bailey closed the public hearing at 7:24 PM. CONSENT AGENDA (CONTINUED) PUBLIC HEARING OPENED ON PROPOSED ORDINANCE #2011- 01 PUBLIC COMMENT PUBLIC HEARING CLOSED March 8, 2011 IPalgezd 6091 Councilmember Stucki moved to approve Proposed Resolution #08-2011 — A Resolution Accepting the Public Improvements Constructed in Association with the Subdivision Known as "The Preserve Subdivision Phase One", Authorizing the Release of the Performance Guaranty Associated with Said Improvements, and Requiring Construction of Storm Water Drainage Swales on Applicable Lots within the Subdivision at the Time of Construction on Individual Lots. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Ordinance #2011-03 — An Ordinance Vacating in Part the Planned Unit Development Plat for the Portal Park Subdivision P.U.D. and Rezoning Portion of the Subject Property to the R-4 Zoning Designation. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Award the 500 W/300 W Pedestrian Bridges and Trails Project to Ben Byrd Construction, LLC in the amount of $122,402.00. Councilmember Bauman seconded the motion. The motion carried 4-0 with Mayor Pro-tem Bailey abstaining. Councilmember Stucki moved to approve the 500 W/300 W Pedestrian Bridges and Trails Project Contract. Councilmember Peterson seconded the motion. The motion carried 4-0 aye with Mayor Pro-tem Bailey abstaining. Councilmember Peterson moved to approve Addendum #1 to Contract with C.E.M. Aquatics. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to table Discussion and Consideration of a Share of Costs Associated with Joint Lobbying. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Administrative Reports, City Manager Metzler stated that the ribbon cutting ceremony for the Moab Recreation and Aquatic Center would take place on March 17, 2011 at 5:15 PM and that staff had been busy with departmental budget meetings. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $253,064.03. Councilmember Davis seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Pro-tem Bailey adjourned the meeting at 7:52 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder PROPOSED RESOLUTION #08- 2011, APPROVED PROPOSED ORDINANCE#2011- 03, APPROVED 500 W/300 W PEDESTRIAN BRIDGES AND TRAIL PROJECT, AWARDED 500 W/300 W PEDESTRIAN BRIDGES AND TRAIL PROJECT CONTRACT, APPROVED ADDENDUM #1 TO CONTRACT WITH C.E.M. AQUATICS, APPROVED DISCUSSION TABLED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT March 8, 2011 IPalgezi 6091 Memo To: From: Subject: Background City of Moab Planning and Zoning Department inter -office Correspondence March 15, 2011 Honorable Mayor and Members of the Moab Council and the Moab Planning and Zoning Commission City Staff FYI: Affordable Housing Barriers List for the Joint CC and PC meeting on March 24, 2011 The Planning Commission has generated the attached list of barriers to affordable housing identified in the Moab Municipal Code. In addition, The List of Potential Concerns was developed during a brainstorming session in a workshop held on March 10, 2011. Please review both lists for comment and discussion at the meeting on March 24. p:\planning department \21:1111correspondence 1pi-11-045 barriers listpc6cc.docx Page 22 of 92 Planning Commission Barriers to Affordable Housing DRAFT January 13, 2011 Running List Development Regulations Ranking Comments/Description Discussion Lot size 1 Large lots include lots that are 7,000 sq ft or larger in size. Large lots lead to urban sprawl. Extension of utilities, longer streets and sidewalks, and a lack of a compact design all cost the developer money and add maintenance costs to the local jurisdiction. Lot width 2 No increases for additional units A symptom of large lots and, like large lots, contributes to sprawl. Also wide lots can lead to an inefficient use of all utilities and contributes to increased costs of installation for the developer and higher maintenance costs for local jurisdictions. Required increases in lot width for additional units can inhibit development of a property even though the area of the parcel is adequate for additional units. Density 3 Need greater flexibility for development and increases in density Density is described by the number of dwellings per acre. Generally, a higher number of dwellings per acre will lead to lower housing costs, lower costs of installation and maintenance of utilities, and is an efficient use of all services. Densities in PUD 4a Planned unit developments are primarily residential communities that include private residences, shared public space, and limited commercial development. Densities can be higher in these development types if they are allowed to be a standalone zone and not tied to the regulations of underlying districts. Generally density bonuses are generously granted for affordable housing, and negotiations for other development options between the community leaders and the developer are common. A planned unit development, or PUD, has a special zoning classification that allows construction techniques that wouldn't be permitted elsewhere. A PUD may serve as an overlay zone or as a stand-alone zoning district. Advantages include: 1. Convenience. PUDs use layouts that feature clusters of homes and large open spaces or commercial areas that can include shops, parks, recreational facilities and restaurants and other basic goods and services. PUDs often include extensive sidewalks, wide roads, and bicycle paths. 2. PUDs offer homes in a wide range of prices but dues residents pay for care of common spaces in the development can be one of the biggest drawbacks. 3. A special zoning aspect of a PUD is the ability to build homes in closer proximity, producing population densities that would be a violation of zoning regulations elsewhere. 4. Page 23 of 92 Densities in MPD 4b Master Planned Developments include residential, recreation, open space, and commercial development consistent with a master plan. Density bonuses for affordable housing should be substantial (at least 25%). Planned developments are carefully mapped out communities built entirely from scratch in underdeveloped and undeveloped areas. They ensure sensible development to include green areas of open space, sufficient public facilities, and well designed public buildings and often serve as an ecological scope for the community. The trend of planned communities in the United States started in the 1930s, took off in the 1950s and has skyrocketed nationwide, suggesting a great numbers of benefits related to them. 1. Planned communities offer security by eliminating high risk factors such as crime. They are good places to raise kids and neighborhoods are typically alienated from commercial areas and guarded with a gate and a guard or patrolled. Also, the entire community looks out for the safety of its inhabitants. 2. Planned communities are great options for people who cannot afford to have some luxury in their life because all community members contribute to shared amenities and benefits of the community. More money is collected toward improved amenities like schools, parks, community centers, swimming pools, walking trails, etc. 3. Planned communities have homeowner's associations that provide regular maintenance, gardening, lawn mowing and so on and in some cases, exterior repainting may be provided. 4. Planned communities offer property owners architectural options to select a plan that matches the owner's taste rather than having to choose from a limited selection of floor plans and styles. Minimum home 5 Let the market dictate. Small homes Regulations for minimum home sizes have successfully been argued to provide size provide an opption to many persons who could not live within a community because of land costs. Smaller homes require less energy to heat and cool and can be conveniently placed on smaller building lots creating compact development. (Concerns over energy use has spawned what is being called "the tiny home movement" and most tiny homes are somewhere between 65 and 800 square a greater measure of certainty for compatibility with surrounding development in neighborhoods. However, these regulations have also lead to discriminatory zoning by excluding many economic groups from neighborhoods with this type of regulation. Rather than developing economically homogeneous street blocks, it has been determined that community health is promoted by mixing economic levels and housing types. Differing housing styles and sizes also contribute to more interesting streetscapes. Page 24 of 92 feet, with varying levels of comfort. Tiny homes offer many benefits. The low cost (most small models begin around $15,000) of units is a major draw for people who want the freedom that comes with not having to make monthly mortgage payments. Environmentally minded individuals appreciate the low carbon footprint that comes with a tiny home. Heating costs can be as low as $10.00/month. The homes can even be mobile and mounted on a towing assembly so they can be hooked into services nearly anywhere, much like an RV.) Open space requirements for apartments 6 Communal open Space Developments must provide communal open space that is: a) useable; b) clearly defined; c) safe and attractive. • Usually crudely described as a percentage of the property; • Is provided in addition to private open space areas; • Has an additional description of dimensions for length and width; • Is readily accessible to residents; • Has a maximum slope gradient not exceeding one in ten; • Is designed and located so that it is subject to informal surveillance from dwellings on the site; • Is clearly delineated from any private areas of the site. More advanced zoning ordinances now require useable open space in conjunction with residences. The scientific basis of these requirements is still unclear, but it accords intuitive recognition to the place of the open space in man's life. Open space, thought of from this viewpoint, does not include area devoted to service driveways or off-street parking and loading. Its purpose is to Y P g g P rP provide space for greenery, yards and recreation. These objectives are usually not explicit so that often the open space requirement coincides with other provisions in the ordinance, such as those for yards. Since it is only open space that is required, and not space for recreation or a landscaped area, the results of these regulations are uncertain and the space itself may be no more useable than customary front, side or rear yards. Nevertheless, there is legal support for useable open space which finds its basis in providing for such amenities as recreation, comfort and pleasure. Often open space is determined to be met if in proximity to schools, arks, trails, and other recreation opportunities. P Y P PP Secondary dwelling regulations 7 Units too small and the location requirements are difficult on larger tracts of property. The requirements may act as a barrier especially on larger tracts of property that have enough area for location options. Small size of 700 sq ft would be very cramped for a family of three just starting out. Excessive street widths 8 Wide streets have been considered excessive development regulations or many years. The cost of construction continues to rise as technology is refined to extract more of the impurities from crude oil for use in ways other than oil for asphalt. Also, city costs of maintenance continue to rise especially on very wide streets. 1 V ) Page 25 of 92 Setbacks 9 Reduce front and sides Setbacks on the rear and front of lots increase the cost of service line extensions for all utilities. Excessive side setbacks contribute to sprawl, widening of block lengths, and lower densities. Height restrictions 10 An issue especially with multi -family affordable housing With By contrast, the provision of certain amenities in housing finds a firm place in the police power. Measures designed to assure adequate light and air found early acceptance by the courts. The early method was to prescribe the distance between buildings and to limit the height, a crude method which has the further effect of dictating the building envelope and its placement on the lot. Inflexible sidewalk standards 11 Wide sidewalks that front on wide lots consumes many dollars for initial construction and long term maintenance by the municipality. The construction of sidewalks is very expensive both in labor and materials. Requiring that wide sidewalks be placed on both sides of all streets in a development has been identified by HUD as a barrier to affordable housing. because the developer Value to community to have mixed economic levels (Diversity of neighborhood) - Goal 12 Desirable to attain Goal for General Plan discussion Impact fees An impact fee is a fee that is implemented by a local government on a new or Steep impact fees have been identified by HUD as a barrier to affordable housing. The real issue is that fees should cover the actual costs of maintenance and capital improvements but too often they are excessive and unrealistic. While high fees can become barriers, the Planning Commission does not feel that at this time they are a hindrance within the city limits. proposed development to help assist or pay for a portion of the costs that the new development may cause with public services to the new development. They are considered a charge on new development to help fund and pay for the construction or needed expansion of offsite capital improvements. These fees are usually implemented to help reduce the economic burden on local jurisdictions that are trying to deal with population growth within the area. Administrative Process Review Process N/A Conditional Use Subdivisions Page 26 of 92 Page 27 of 92 xaoptuisnoy ameprolie sJai.i.iey uoissiwwaa fiuiuueid1fisy jindialvuawadedap fiuiuueld�:d saaweq paisanns ieuomppb Potential Concerns About Addressing Code Barriers to Affordable Housing March 10, 2011 Crowding - Lack of open space How many units on a lot are desirable? Noise - Property Owner's Rights - Privacy Encroachment Property Values Crime- Appearance - Look of the development Landscaping Enforcement- Parking- Height- Viewshed Fear of "Other" in "my" neighborhood - Accessibility for disabled Fitting it all together and staying "affordable" Safety - Page 28 of 92 3,3 Page 2 of 2 Upkeep and maintenance - Solar Gain- (with height) Fitting in with neighbors- ie. "in -fill" Historic Moab Children's play area- p:\planning department\jeff\aff hsg\potential concerns about affordable housing.doez Page 29 of 92 3-3 DATE PAID: AMOUNT PAID_ RECEIPT NO.: l (i �1 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): Q TRANSIENT MO): OR CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 T)�8Q 12. NAME OF EVENT: �eV►.) Cja4() %Qq�0 DESCRIPTION OF EVENT: \\%\i,\III- �\ � ) s� LOCATION OF EVENT: U �Jk ���� \-k \Ik 1 ' �ii�1�� VQC. I �• �,k-\ \ PREMISES TO BE USED: �o0�b V • CQ•q3\ S1\ 1 %\• :`\\ \ � TEMPORARY STRUCTURES TO BE USED (IF A,jNYY):� \Qa.1\5 ''' C C"�"\ DATE(S) AND TIME�Q�\' S) OF EVENT: \��� .(4t" � k14',Q.6\ WIN\ 0 VUO\ /LW� 11 ANTICIPATED # OF EVENT PARTICIPANTS: .p• 111- .3‘VQ NUMBER OF VENDORS PARTICIPATING: 1)," b TYPES OF VENDORS PARTICIPATING IN EVENT: V\•, \t. `it/1Ik'\%\ZL \\Wy A\k‘ 1 "% EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): \ �l 40 �Q�`�\Cr1\\ , ~ 1N%\ EVENT SPONSOR S NAME: A Q`INMiN PHONE: SPONSOR S ADDRESS: CITY: STATEM_ ZIP: - SPONSOR'S DRIVER LICENSE NUMBER & NTITY: SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: 'rv%4Z. * P6) TYPE OF ORGANIZATION: ❑ PROPRI T R HIP ❑ PARTNERSHIP ❑ CORPORATION •OTHER (SPECIFY): EVENT SPONSORS SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL. LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF�A LICENSE WILL BE DELAYED. INVE \1i%\ HLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE rNFORiON CONTNED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLIGY+NT {SPON60R). I AGREE TO FILE THE PROPER REPORTS WITH T E , TATE OF UTAH. Signahile of Sponsor HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY State of Utah } ) SS County of Grand ) day of SUBCRIBED AND SWORN to before me this J &. /.„ i7,4_ Azz,_ NO ARY PUBLIC a AA, l , 2u SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 30 of 92 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Page 31 of 92 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: FOR ZONING OFFICE USE ONLY PARKING,: MOAB CITY CODE: fJ�L SIGN PERMIT: 1/K" 1f S/✓ MOVED -ON NECESSARY: ❑ YES0 REQUIRES PLANNING COMMISSION APPROVAL ❑ YES REVIEWED BY { ZONING \ ADMINISTRATOR: sjj DATE: ;j •lC6 • 11 PHONE: 1111.1.011 CITY: STATE:IMZIp BUSINESS NAME: ‘-k Vi0\% \ \Ift\\4 \,K, BUSINESS LOCATION: 1�� VAN.- \k. \� l "3 \%kt, \V ��%�' ZONE: H \�� \ %ti ) ��1^ . v �l. ki\:\\� \ \� p` ��� ` DETAILED DESCRIPTION OF BUSINESS ACTIVITY: V. ���� FS\��\ `\N�\Q� `�� ���\ \ti \Ws*-1 k\ \\\I % L%Ck. \k.,, ske�%,.,.- QOo\. \o \\'ti \M ^' \\ "k\kk 4.1a, 'k\it \''‘ �'\ \' � ‘I.Q.,‘\ V=: %\1 Q'4.\\1,, Page 32 of 92 06/16/05 II. ��.. !11 /.liJ��tt1 BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UT THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO POISON SPIDER BICYCLES INC LOCATED AT: 497 N MAIN LICENSE NO. 1989 Not Transferable FROM: 07/01/2010 EXPIRES: 06/30/2011 In conformity with the ordinances of the City of Moab, Utah, to conduct a BICYCLES & ACCESSORIES, SALES, RENTAL, REPAIR business located within the City of Moab, Grand County, State of Utah commencing on 7/1/2010 and ending on 6/30/2011 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER LICENSE TYPE: RETAIL In accordance with the order of the Moab City Council, this license is hereby duly authorized, given under my hand and the seal of the City of Moab on June 08 ^n10. CITY RECORDER Page 33 of 92 rrry RECOROER !d To ��=-' ii MOAB CITY MOVED4A STRUCTURE PERMff BUSINESS NAME: f)/Q L (54114-0- (20 OWNER'S NAME �I� �� irt/ / MAILING ADDRESS: PROPOSED USE OF STRUCTURE: S 4/2/4r) TYPE OF STRUCTURE: [ `ex_ ADDRESS OF PROPOSED STRUCTURE'S LOCATION 3 9 ) bt) 54_ NAME OF PROPERTY OWNER (PRINT): 7 C9_ve S- L I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: LOCATION OF RESTROOM FACILITIES: p(-et,pti r S COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: j ZONE: G.97 Zoning Administrator's Signature:! I' SIGNATURE OF OWN USE OF RESTROOM F iTIES: f5YEs ❑ No _n BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL MOVED -ON STRUCTURE TERM: FROM Required inspections on back. BUSINESS PHONE: OWNER'S PHONE: 70 — 4�1030 D-ON STRUCTURE FEE: 1 % STATE TAX: $375.00 3.75 $378.75 PYMT REC'D CITY OF MOAB MAR 15 2011 r cc. # 4/1S D, EMT 3 7e. s CITY OF MOAB MOVED -ON STRUCTURE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 BUSINESS NAME: ADDRESS OF MOVED -ON STRUCTURE: THE FOLLOWING INSPECTIONS ARE REQUIRED PRIOR TO CONDUCTING BUSINESS. OBTAIN THE REQUIRED SIGNATURES THEN RETURN YOUR PERMIT TO THE CITY RECORDER'S OFFICE FOR FINAL APPROVAL. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER BUILDING PERMIT # (IF REQUIRED) INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435)259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 471 SOUTH MAIN INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE 03/05104 Page 35 of 92 ��a PARKING PARKING 1 4 cr Y MARKET I OVER FLOW I PARKING i V4 rri SUNGLASS TRAILER 519'471 443 �1 �l DIRT PARKING LOT PARKING "%O.,-I' 54, PARKING V 1 • tiPL3V.¢UU9 CITY MARKET GAS STATION -rola HHW i i i Page 36 of 92 ta� )0' �I --)---_E,) -r ADVERTISING METHODS USED, IF ANY j/j 0 yj iv r&/ T e_S h 4 r f to a /k x J r O vA o-i I b ✓I J i e xc.�p+ nra y j TIME(S) OF PERFORMANCE(S): � j 0 e' r lyl � /4 , 3-8 pp\ Duration of performance(s): & Ii r.s 31,1-s. s do +1 e/ ale C, c LOCATION OF PERFORMANCE(S): April Q `d %pt, A l '�/v /i 2 1 ( ; A c S s/ i 7't s r 14 zQ fly ro PROPERTY OWNER(S) NAME IF WITHIN 10 FEET OF OR ON PRIVATE PROPERTY: go{ c X Q ,4ec7 D,/, E d cA rte. S i? v ci e- Ti I, THE PROPERTY OWNER(S), AUTHORIZE THE ABOVE PERFORMER(S) AND PERFORMANCE(S) ON OR NEAR MY PROPERTY FOR THE TERjvY6/FiTHIS PERMIT: / / / i//� � (-OpP-e, DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB PERFORMANCE PERMIT APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $10.00 LICENSE #l: ZONE: PERFORMER'S INFORMATION (PROVIDE INFORMATION ON ALL PERFORMERS) --""" A I (�aedR: I l6Z 5, h%� �a y iG J NAME OF PEf3F6RME�R: ii O of O S /�1 �%,S � / r r PHONE: O� Co � VBRE" �Y i ct vt ` PFRFOpddrRSABBRCGs: V 0t fie.- , CITY: STATE: ZIP: NAME OF PERFORMER: PERFORMERS ADDRESS: DcAy� S.)eit/ctYvl y�l tl✓AIIPE� aTY: PHONE:_ STATE: ZIP: �Ro u NAME OF Pam: r� /' / i /e t /39 Arc-APs Jo ✓I K c va_s CITY: PHONE: STATE: ZIP: NAME OF PERFORMER: PERFORMERS ADDRESS: CITY: PHONE STATE: ZIP: NAME OF PERSON RESPONSIBLE FOR COMPLIANCE WITH CITY CODE FOR STREET PERFORMERS fal:11846*631M6IP: FDA 4 z L PHONE: PERFORMANCE DETAILS DETAILED DESCRIPTION OF PERFORMANCE:: eeDtss,10490Y) Lance! 7S 8 d vi d 5J v , � �f/ 5 -P rJf SpeA PROPS USED, IF ANY: 4 R 7( i /e M OSIC; /c,ci / h 0 -V W_L q r e %oh a >I- I-e A S 11'0� S G' � o 'Ai J 4 ytl 2c/ sfo V 4.e S a ✓ J-t d Jou/ n INc;r �ee -ou/4, TYPE OF MUSIC AND INSTRUMENTS USED, IF ANY: V !ii r- ! O Li-,5 TYPE OF STRUCTURE(S) USED, IF ANY: DATE(S) OF PERFORMANCE(S): 4p( i t Writ STICE,VC gr()J etaffi � OWNER(S) SIGNATURE SEE BACK OF FORT gOB613QITIONAL REQUIREMENT! THIS FORM IS AN APPLICATION FOR A PERFORMANCE PERMIT. THE ACTUAL PERMIT WILL BE ISSUED ONLY AFTER CITY COUNCIL APPROVAL. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A PERMIT WILL BE DELAYED. THE UNDERSIGNED HEREBY AGREES TO ADHERE TO THE RULES AND REGULATIONS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. THE UNDERSIGNED UNDERSTANDS THIS PERMIT IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND PERMITEE(S). THE UNDERSIGNED AGREES TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. ignature of Applicant orAuthonzed Agent �4 q b /� ✓ 5 / Y1-� cJ .4 Title 3//v/r// Date MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 38 of 92 12/22/03 DATE PAID: 3/ / /L AMOUNT PAID: / C� RECEIPT NO.: t7 7 -7 �` / CITY OF MOAB PERFORMANCE PERMIT APPLICATION • 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $10.00 LICENSE #: ZONE: PERFORMER'S INFORMATION (PROVIDE INFORMATION ON ALL PERFORMERS) NAME OF PERFORMER: PERFORMERS ADDRESS: s Ton)CFE -- Y1f 0 ..2n0 S , NAME OF PERFORMER: .S TON e FED Ni ✓1 0 /.s c 1 t cc/s , CITY: PHONE;_ STATE: ZIP: PHONE: PERFORMERS ADDRESS: CITY: STATE: ZIP: NAME OF PERFORMER: PERFORMERS ADDRESS: CITY: PHONE: STATE: ZIP: NAME OF PERFORMER: PERFORMERS ADDRESS: CITY: PHONE: STATE: ZIP: NAME OF PERSON RESPONSIBLE FOR COMPLIANCE WITH CITY CODE FOR STREET PERFORMERS IF THIS IS A GROUP: Jo A/ VA s ,t) PHONE: 075 9 073 471' PERFORMANCE DETAILS DETAILED DESCRIPTION OF PERFORMANCES �}� e e CO ✓ T ciQ01' Go 11 -er S / d j ,71,4) ,da c SDI �otkI/ SWs / Jqr/C i✓1C /0 PROPS USED, IF ANY: TYPE OF MUSIC AND INSTRUMENTS USED, IF ANY: Cf/p) 14 G -e__// b �] , �/� r �`� c/� a MIA hj ) -el ,\,4y7',., ii,...,t TYPE OF STRUCTURE(S) USED, IF ANY: 1 e 4.1 � /U" / ADVERTISING METHODS USED, IF ANY: / DATE(S) OF PERFORMANCE(S): / I�JP r T ` ( C21 /' � /�/j .% TIME(S) OF PERFORMANCE(S): ,.S '� 0 ff �M / Duration of performance(s): � y^� /l/v S S D MC, / �[ /_ LOCATION OF PERFORMANCE(S): V` at UK �/ �_%,� (T f Ln -2 CX/ PROPERTY OWNER(S) NAME IF WITHIN 10 FEET OF OR ON PRIVATE PROPERTY: _g_ca__C.. k ,p_ / , " f n , -D y — (loco / q 7 � k � ) I, THE PROPERTY OWNER(S), AUTHORIZE THE ABOVE PERFORMERS) AND PERFORMANCE(S) ON OR NEAR MY PROPERTY FOR THE TERM OF THIS PERMIT: t. S e v... in 7 Ise r a 1),3 � -c a I,' col � 4 v -/4 e Iv4� r .4 rt, '2 a y-, i� h A !/ CA SIGNATURE OF OWNER(S) / �-- SEE BACK OF FORIII,Fg9MIWITIONAL REQUIREMENT! Aw3 THIS FORM IS AN APPLICATION FOR A PERFORMANCE PERMIT. THE ACTUAL PERMIT WILL BE ISSUED ONLY AFTER CITY COUNCIL APPROVAL. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A PERMIT WILL BE DELAYED. THE UNDERSIGNED HEREBY AGREES TO ADHERE TO THE RULES AND REGULATIONS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. THE UNDERSIGNED UNDERSTANDS THIS PERMIT IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND PERMITEE(S). THE UNDERSIGNED AGREES TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Signature of Applicant or AuthonzedAgent Tale MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 40 of 92 12/22/03 CITY OP off. MOAB City of Moab Planning and Zoning Department Correspondence March 15, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Public Hearing and Approval for Ordinance #2011-01, Amending the Uses of the R-2 Residential Zone by Adding a Conditional Use of "Other Public Facilities" as Referred to Council by the Planning and Zoning Commission Discussion The city has received an application for a code amendment from the school district and the BLM. The request is to amend the R-2 Zone to allow activities that are carried out by government entities other than the City of Moab and the school district. The proposed R-2 Zone change is being presented as a conditional use and could include a wide variety of uses under the banner "Other Public Facilities". The changes to the code would require that three sections be amended; a definition of Other Government Facilities would be included in Chapter 17.06, a change to the recently adopted Table of Conditional Uses in Chapter 17.09.530, and changes to 17.45.020, Use requirements, for the R-2 Zone with the addition of an Item K, Other Government Facilities, as allowed under an approved conditional use permit. Within chapter 17.09.530, specific conditions of approval are also required so that the approval of the additional conditional use will meet state code. The following draft code sections were reviewed by the Commission in a regular meeting held on January 13, 2011. The commission unanimously voted to recommend that Council approve the change to the code. "Other public facilities include, but are not limited to, governmental functions such as libraries, museums, parks, playgrounds, recreational centers, jail or correctional facilities, police, fire, or utilities facilities, that are public owned or under public- owned or operated or under public control and jurisdiction, and subject to the provisions of this code. " Page 41 of 92 6- The table of Conditional Uses would now consist of 29 types of conditional uses as shown below. (b) Conditional Use Matrix. The following table is a list of conditional uses in the appropriate zones. The general and specific conditions for approval for the review requirements are listed in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531 Conditions for approval of specific conditional uses below. CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR 11HIRV FC- L RC I Residential uses Dwellings(/) C Historic Residential Uses (2) C Secondary dwelling Unit (3) C CC C Multi -family dwellings of 7 or more units (4) C C Group Home (5) C C C CC C Public services Utility provider structures and buildings (6) C C CC CC CC C (' Agricultural uses Premises agicultural occupations (specifically retail with feed. seed, fertilizer, equipment and similar items) (7) C C Transportation -related uses Storage or Trucking Company/Terminal (8) C• C- Recreational and Entertainment Uses B&B /rooming or boarding house (9) C C C RV /travel trailer park (Jp) C (' RV area within a mobile home park (11) C Golf Courses (12) ( ( RV court (13) C C Outfitters and guide services (14) ( ' Outdoor recreational uses, commercial (15) (' Industrial Uses Self storage warehouse (16) C Asphalt/concrete botching plant, permanent (17) C Page 42 of 92 5-1 CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2_ C- 3 C- 4 C- 5 SAR MH/RV FC- 1 RC I Asphalt or Concrete Batching Plant, Temporary (18) C ( Wireless telecommunication facilities (19) C C Commercial Uses Drive-thru Windows (20) C Large commercial and home -based day-care centers(21) C C C C (' C C Sales of Manufactured Homes (22) C Land Use Division of small Lots (23) C C C C' C CC C C C C C Moved buildings (24) C C C C C CCCCC C C Personal Service Uses Cemeteries, public or private (25) (. C Animal pound or kennel (private) (26) C C (' C Veterinary clinic (27) C Educational, Institutional and Civic Uses Schools, churches, monasteries, etc. (28) C C C C' C C C C (' Other Public Facilities, (29) C 17.45.020 Use requirements. The following uses shall be permitted in the R-2 residential zone: A. One -family dwellings and the following accessory buildings and structures: private garage and/or carport for the storage of automobiles owned by persons residing on the premises; greenhouses for private use only; private swimming pools; pergolas and arbors; B. Planned unit developments subject to the requirements and conditions set forth in Chapter 17.66, (Planned Unit Developments) of this title relating to large-scale developments; C. Fences, walls, and hedges which do not exceed seven feet in height provided that no fence, wall or hedge shall exceed four feet in height within the required front or side yard that fronts on a street; Page 43 of 92 D. Customary household pets, including but not limited to cats, dogs, potbelly pigs and canaries; but not including the breeding of potbelly pigs, cats and dogs for sale or otherwise. All sections in Title 6 referring to dogs shall likewise be applicable to potbelly pigs; E. Public schools, public libraries, public parks, playgrounds, recreation buildings and churches, but not temporary revival tents or buildings; F. Agriculture; G. Temporary buildings and yards for the storage of materials and equipment incidental to the construction of dwellings and other permitted uses; provided, however, that a permit for such temporary building shall not be effective for more than one year; H. Home occupations; I. Two-family dwellings; J. Child day care centers and foster family care homes. K. Other public facilities are allowed when an approved conditional use permit has been granted by the City as required under Chapter 17.09.530. In addition, the use will have a list of specific conditions that must be addressed. (29) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone only after approval of a conditional use permit. The standards that shall apply during the review by the city shall include: 1. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; 2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; 3. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; 4. Dust, glare, odor, and noise shall be confined within the boundaries of the property; 5. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; 6. The use shall demonstrate that there is a benefit to the neighborhood or community; 7. Traffic from the proposed use shall not create a significant negative impact on the neighborhood. Page 44 of 92 Process Code Chapter 17.04.100, Action by City Council. Paragraph "A." allows Council to adopt amendments to the code without a public hearing; "A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held following receipt of the planning commission recommendation." Paragraph B goes on to state, "In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." Recommendation Staff agrees with the Planning Commission and recommends that this amendment to the code be approved. Alternatives In its action, Council can: 1) Approve Ordinance #2011-01 as recommended by the Planning Commission; 2) Approve Ordinance #2011-01 with any changes necessary to address concerns; 3) Vote to not approve the ordinance; 4) Table the ordinance in order to satisfy needs for additional information. p:\planning department \2011\correspondence\pl-I1.044 school dist.docx Page 45 of 92 ORDINANCE #2011-01 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.00, ZONING, AND SPECIFICALLY AMENDING CHAPTERS 17.06,17.09, AND 17.45 WITH THE ADDITION OF OTHER PUBLIC FACILITIES IN THE R-2 ZONE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on January 13, 2011, met to hear testimony and determine the merits of the changes to Title 17.00 of the Moab Municipal Code; and WHEREAS, the Commission found that the proposed changes to Title 17.00, Zoning, would benefit the Planning Commission, City Council, and Appeals Authority as well as the residents of Moab City; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2011-01 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2011-01 in a duly advertised public hearing held on March 22, 2011, to hear and decide the merits of the proposed changes to Title 17.00 of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2011-01 is hereby adopted to amend the Municipal Code with the following text: Chapter 17.06, Definitions, shall be amended with the following definition: "Other public facilities include, but are not limited to, governmental functions such as libraries, museums, parks, playgrounds, recreational centers, police, fire, or utilities facilities, that are public owned or operated or under public control and jurisdiction, and subject to the provisions of this code. " AND, FURTHERMORE, the Table of Conditional Uses in Chapter 17.09.530, shall be amended to show the addition of a new Conditional Use in the R-2 Zoning District named "Other Public Facilities": Conditional Use Matrix. The following table is a list of conditional uses in the appropriate zones. The general and specific conditions for approval for the review requirements are listed in subsection (h) of this chapter and additional review criteria are listed in Chapter 17.09.531 Conditions for approval of specific conditional uses below. Page 46 of 92 2 CONDITIONAL USES R- 1 R- 2 R- r 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- S SAR MH/RV FC- 1 RC I Residential uses Dwellings(!) (' Historic Residential Uses (2) C Secondary dwelling Unit (3) C C C ( Multi -family dwellings of 7 or more units (4) C C Group Home (5) CCCCC C Public services Utility provider structures and buildings (6) CCCC C C C C' C C Agricultural uses Premises agricultural occupations (specifically retail with feed, seed, fertilizer. equipment and similar Items) (7) C C Transportation -related uses Storage or Trucking Company/Terminal (8) C ( Recreational and Entertainment Uses B&B /rooming or boarding house (9) C C C RV /travel trailer park (/0) (' (' RV area within a mobile home park (11) C Golf Courses (12) C C RV court (LH ( C Outfitters and guide services (14) (' Outdoor recreational uses, commercial (15) ( Industrial Uses Self storage warehouse (16) C Asphalt/concrete hatching plant, permanent (17) C CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- l C- 2 C- 3 C- 4 C- 5 SAR MH/RV FC- 1 RC 1 Asphalt or Concrete Batching Plant, Temporary (18) C C Wireless telecommunication facilities (19) C C Commercial Uses Drive-thru Windows (20) C Page 47 of 92 3 Large commercial and home -based day-care centers(21) CCCC ( (' C Sales of Manufactured Homes (22) C Land Use Division of small Lots (23) C C C CC CCCCC C C Moved buildings (24) C C C C C CCCCC C C Personal Service Uses Cemeteries, public or private (25) C C Animal pound or kennel (private) (26) C C C ( • Veterinary clinic (27) C Educational, Institutional and Civic Uses Schools, churches, monasteries, etc. (28) CCCCC C C' C C Other Public Facilities, (29) C AND, Chapter 17.09.530, is further amended with the following specific conditions of approval for the use "Other Public Facilities" as required by state law. 09) Other public facilities. This type of use shall be allowed on tracts of land in the R-2 Zone only after approval of a conditional use permit. The standards that shall apply during the review by the planning commission and the city council shall include: 1. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; 2. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; 3. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; 4. Dust, glare, odor, and noise shall be confined within the boundaries of the property; 5. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; 6. The use shall demonstrate that there is a benefit to the neighborhood or community; 7. Traffic from the proposed use shall not create a significant negative impact on the neighborhood. AND, 17.45.020, Use requirements, for the R-2 Zone shall be amended with the addition of an Item K, Other Government Facilities, as allowed under an approved conditional use permit, and read: Conditional Uses. K. Other public facilities are allowed when an approved conditional use permit has been granted by the City as required under Chapter 17.09.530. Page 48 of 92 4 IN EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2011. ATTEST: Rachel Ellison, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department \2011\ordinances \ord 2011.01 other pudic facilities in r-2.docz Page 49 of 92 City of Moab Planning and Zoning Department Inter -office Correspondence Pt-11.043 March 15, 2011 Memo To: Honorable Mayor and Members of the Moab Council From: City Staff Subject: Review and Approval of an Application to Rezone Portions of the Red Rocks Partners Property Located at 61 North 100 West From C- 2 and R-4 to C-3 and Approval of Ordinance #2011-10 Amending the Official City of Moab Zoning map Background The Planning Commission held a public hearing to review this application on February 24, 2011. The Commission voted in a split vote to favorably recommend the rezone to Council. If approved, the rezoning will create consistent zoning across the entire parcel. The property is currently zoned predominantly R-4 with a small amount as C-2. The portion of the property that fronts on 1 S` West Street is currently C-3. The application has been submitted in an effort to change the C-2 and R-4 portions to C-3. Please refer to the attached PC memos PL-11-037, PL-11-041, and particularly, memo PL-11- 032, dated February 19, 2011, for background information regarding the application. Discussion The Planning Commission requested additional information for their meeting on March 10 and were provided with: o History of the zoning for the area, o A discussion about the advantages of redevelopment, and o A survey of the existing development of 15' West and Williams Way. Also, a comparison was provided as to the types of uses allowed in the three zones in Planning memo, PL-11-037, and a visual survey of the types of uses on First West as well as adjacent properties on nearby Williams Way was presented by staff. Page 50 of 92 6.-- a Page 2 of 3 The zoning history was first classified as C-2 in 1954. The entire west side of the city was zoned commercially at the time and labeled "Central Commercial Zone". Today, the Central Commercial Zone is given a "C-3" designation. Between 1954 and 1974 there is little evidence as to what occurred in the area but the surviving zoning map indicates that during the twenty year span many of the zones we now have were created and applied to various parcels. During this time, the original C-2 was divided into R-4 and R-3 with large portions of the property as C-3. This historic map also follows zone change updates until 1982. Maps from 1992, 1993, and 1998 show no changes in the zoning in the immediate area. Then in 2009, Council approved the zone change of the Bazil-Todd property from C-3 to C-2 so they could construct an office/home and provide their dwelling on the ground floor. The referenced zoning maps will be available for Council review. Aspects of rezoning and redevelopment include those listed below. It should be considered that this action goes beyond development of just this property and that approval of the ordinance can be considered as a Downtown redevelopment that will provide depth off of Main Street and strengthen our commercial core. ➢ Redevelopment is one of the most effective ways to reverse deterioration and breathe new life into distressed areas, breaking down barriers and drawing new investments by private enterprises. ➢ Redevelopment is meant to attract and create jobs, revitalize the business climate, rehabilitate the housing stock and initiate active participation by citizens in the area. ➢ Incompatible or undesirable conditions are considered blight, and renovating these areas is the major focus of redevelopment; Blight directly contributes to disproportionately high crime rates, and dangerous or illegal activities. ➢ New police stations, renovated library branches and street paving are some of the notable results of these types of improvements; ➢ Redevelopment attracts new services and businesses to the area, increasing the economic health of the City as well as providing local residents with new and viable job opportunities; ➢ Redevelopment offers existing business owners opportunities to upgrade their store through fagade improvements, enhancing their chances to attract and maintain customers and therefore succeed in their business efforts, ➢ Redevelopment enhances the existing streetscape and landscaping of public throughways in these areas; ➢ Redevelopment monitors vacant properties and maintains strict Code Enforcement efforts, including graffiti removal; ➢ Redevelopment is an investment in neighborhoods that helps in resident retention by developing open space areas, parks and community resource facilities that unite many diverse neighborhoods and accentuates positive aspects to be shared in all cultures. Process The process for a Zoning Map amendment is similar to a text amendment of the development code in that it is Council's discretion to hold or not hold a public hearing. The Code allows Page 51 of 92 Page 3 of 3 Council to adopt text amendments as well as Zoning Map amendments in Chapter 17.04.100, Action by City Council. Paragraph "A", without a public hearing; "A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held following receipt of the planning commission recommendation." The code goes on to state, "In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." If a public hearing is conducted, then the necessary notices and advertising must be completed. Alternatives 1) Council can decide to hold a public hearing and establish a date; 2) Council can decide to not hold a public hearing and approve Ordinance #2011-02 as recommended by the Planning Commission; 3) Council can approve Ordinance #2011-02 with any changes necessary to address concerns; 4) Council can vote to not approve the ordinance and state the reasons for denial; 5) Council can table the ordinance in order to satisfy needs for additional information. p:\planning department \Ell\correspondence \pI-II-041 red rack memo.docx Page 52 of 92 ORDINANCE #2011-10 AN ORDINANCE OF THE CITY OF MOAB AMENDING THE OFFICIAL CITY OF MOAB ZONING MAP FOR THE PURPOSES OF APPROVING AN APPLICATION TO REZONE PORTIONS OF THE RED ROCK PARTNERS PROPERTY LOCATED AT 61 NORTH 100 WEST FROM C-2 AND R-4 TO C-3 WHEREAS, the Governing Body of the City of Moab and the Moab City Planning Commission desire to make zone amendments to promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City; WHEREAS, Randy Day, of Red Rock Partners, LLC, 755 North Main Street, Moab, Utah, representing the owner of record of an approximate 5.64-acre tract of land located at approximately 61 North 100 West, Moab, Utah, has applied to change the zoning from C-2 and R-4 to C-3; and, WHEREAS, The Planning Commission ("Commission") of the City of Moab held a public hearing on March 10, 2011, concerning the amendment of the City of Moab Official Zone Map to reflect a zoning change for said property located at the above described location; and, WHEREAS, the Commission in a split 3-2 vote favorably recommended the zoning change to the Council. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab that effective upon the signing of this Ordinance, the City of Moab Official Zoning Map with its amended boundary lines and zoning districts is declared to be an official record of the City and shall be included as part of Title 17 of the Moab Municipal Zoning Ordinances and shall reflect a zone change from C-2 and R-4 to C-3 for the above described property. Passed and adopted by action of the Governing Body of the City of Moab in open session this —th day of , 2011. City of Moab Mayor David L. Sakri son Attest: Rachel Ellison City Recorder Ordinance #2011-10 Page 1 of 1 Page 53 of 92 Memo To: From: Subject: Background City of Moab Planning and Zoning Department Inter -office Correspondence February 19, 2011 Members of the Moab Planning Commission City Staff Public Hearing to Approve an Application to Rezone Property as Submitted by Tom Stevens Representing Red Rock Partners Pi 11-032 Tom Stevens, acting on behalf of Red Rock Partners, has applied for a rezone of property located at 61 North 100 West (northwest corner of the intersection of Williams Way and 100 West). The property is currently zoned predominantly R-4 with a small amount as C-2. The portion of the property that fronts on 15` West Street is currently C-3. The application has been submitted in an effort to change the C-2 and R-4 portions to C-3 for a resort development. The affected property is approximately 5.13 acres in size. The residents of the existing mobile home park were given the required nine month notification, possibly in 2007-08, to vacate the property. Discussion This application will erase a split of one of the properties by the zoning boundary between R-4 and C-2 and C-3. This is similar to a recently approved rezoning of property and will remove the confusion created by this situation. Contemporary zoning generally follows property lines and centerlines of street rights -of -way and the applicant has provided a plat showing this concept. As provided in a previous memo to the Planning Commission, the objectives and characteristics of the zones should be evaluated in reaching a decision. The objectives for the C-3 zone are contained in Chapter 17.24.010 of the code. It states, "The C-3 central commercial zone has been established as a district in which the primary use of the land is for business purposes. The area covered by this zone is now and it is intended that it shall continue to be the dominant shopping and financial center ofthe city and surrounding territory. For this reason the zone has been located in the central part of the city where the street pattern makes the business buildings readily accessible to all parts of the city and surrounding region and where business and Page 54 of 92 5-a Page z of 6 shopping activities can be carried on with maximum convenience. The C-3 zone is characterized by wide, clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well - maintained shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office buildings, theaters, and a wide variety of retail outlets. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the regulations set out in this chapter shall apply in the C-3 zone." Proposed residential uses cannot be located on the ground floor. A conceptual plan has not been received at this time but the code requires that residential uses in the C-3 not occupy possible ground floor commercial spaces. The exception is if the housing units are intended for affordable housing. The objectives of the current zoning are also interesting. In Chapter 17.51.010, the R-4 zone is described as providing, "the most appropriate locations for mobile home parks and mobile home subdivisions along with conventional dwellings. The zone is characterized by open fields interspersed by well -maintained mobile home parks, mobile home subdivisions, and other types of dwellings." The R-4 zoning in this area does not mirror the images conjured up by the description in the code but it does allude to "...other types of dwellings" that may be an appropriate match to the surrounding commercial development. Chapter 17.21.010 describes the C-2, commercial -residential, zone as an area that would "facilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses; facilitate the orderly expansion of commercial uses out from the central commercial district; and, be characterized by attractive and well -maintained commercial and residential buildings set back from public streets and surrounded by landscaped yards." It is logical that this area would become an extension of the central commercial district (C-3 Zone). The proximity of the property within one block of Main Street is a natural expansion and approval would be in conformance with the provisions of the General Plan to expand this commercial area. It will attract visitors and provide lodging within walking distance of the night life and other activities on Main Street. Rezoning of older properties for redevelopment can enhance the neighborhood and provide an increase in utilization of underdeveloped spaces, buildings and utilities. These underused areas are a significant asset that the City can offer for redevelopment projects. The potential for additional residential development, improved neighborhood environments, and providing additional jobs are all economic benefits. Page 55 of 92 Page 3 of 6 Code Chapter 17.04.040, Zoning Map Amendments, contains criteria for the Planning Commission and Council to apply to requests to rezone: Review of Criteria Chapter 17.04.050 states, "For the purpose of establishing and maintaining sound, stable and desirable development within the City of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City's General Plan. It can be argued that this area was zoned in error and was merely applied because of the type of development that was in existence at the time of adoption of these sections of the code. It is necessary for central commercial areas to have surrounding transition or "support" zones that provide complimentary and accessory types of businesses and services for various retail establishments. This type of arrangement provides proximity shopping on a pedestrian scale . and creates a compact walk able design in compliance with Smart Growth. Rezoning of this property is also in keeping with the policies and goals of the General Plan. Rezoning will: • "...provide for adequate amounts of appropriate commercial land in the future and to ensure the attractiveness, natural beauty, existing character and environmental stability of these areas; • Encourage the development and vitality of a central commercial district compatible with small-town living; • Will fulfill the implementation of the "in -filling and redevelopment policy of the plan'; • Encourage clustering of commercial enterprises; • Satisfy the Plan by permitting expansion of commercial uses into or within residential areas... if such development maintains the residential desirability of the affected neighborhoods and the "character" of the structure and signs and `fits in" with other existing structures; • Encourage variety in new commercial developments and businesses; • Allows the central commercial zone to expand when additional commercial capacity is needed and when such development is compatible with historical structures and character of the community; • Encourage upgrade in the appearance of commercial areas and ensure that building design enhances existing town -scale and character. 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. Page 56 of 92 54- Page 4 of 6 The area has become a busy economic area with commercial development in the guise of a subdivision of "twin homes" on Williams Way, additional residential development and the proposal for a new hospital a short distance from this property. 3. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the City's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. Certainly, a destination resort was not anticipated just one block off of Main Street in 2002, but the economic value of property has risen greatly in the past hand full of years. As noted above granting the rezone will be in keeping with the goals, objectives, and policies for implementation of the General Plan. Map Amendment Approval Criteria. According to Chapter 17.04.060, the Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment: 1. Was the existing zone for the property adopted in error? See #1 above. 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Please see above for a portion of the answer for this criteria. Existing structures are deteriorating. Many of the commercial buildings saw their banner years a long time ago and are in need of repair and constant maintenance. New growth trends have been shaped by the recreation and housing needs of a second home industry because of the opportunities in the Spanish Valley and surrounding areas and National Parks. Zone changes to commercial districts have been granted by Council in recent history and this action has caused a "peninsula" of R-4 zone between commercial zones to be created. 3. Is there a need for the proposed zoning within the area or community? This proposed rezoning will satisfy the General Plan through expansion of the central commercial district and provide redevelopment of these older properties. 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Page 57 of 92 5-a Page 5 of 6 The zoning is compatible with the surrounding zones and is adjacent with the C-3 Zone. Surrounding uses include a single-family home that will probably see some impact and the other prominent use is a commercial mobile home park. 5. Will benefits be derived by the community or area by granting the proposed zoning? From the standpoint of economic development, the community should greatly benefit from the rezoning and the proposed development for the property. The neighborhood will be improved through redevelopment and it should act as encouragement for other surrounding property owners to review their properties for improvement. 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Adequate facilities exist but some upgrade of services may be required at the developer's expense. 7. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? The application meets all applicable standards. Decision to rezone must be based on the General Plan as well as the Land Use Code. The Plan states, "All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan." It also goes on to say "...that all new zone changes [must] conform with the General Plan" and that they be done in a manner "necessary to protect the health, safety, and welfare of the community and work to preserve the natural environment and character of a small-town community." A rezone makes sense when viewed in the light of the types of uses on the surrounding properties. It also makes sense as a logical extension of the C-3 Zone and agrees with the goals of the General Plan. It may be in the best interests of the City of Moab for the Planning Commission to consider adjacent properties in this annexation The rezoning is logical for the area because: • A single tract would no longer be split by two zones • It is a natural extension of the C-3 zone • It meets the criteria of the General Plan The development of the property will fall under additional scrutiny because of the possible impacts to traffic and parking that may be associated with this type of development. These issues will be addressed through review of a commercial site plan application that will be the next step for the applicant if successful in the rezoning of the property. Page 58 of 92 5-a Page 6 of 6 Alternatives 1) The Commission can approve the application to rezone as submitted; 2) The Commission can vote to not approve the proposed rezoning and state their reasons; 3) The Commission may table the application for additional comment and review. p:\planning department \2011\correspondence \pI-II-032 red reck rezone.docx Page 59 of 92 a City of Moab Planning and Zoning Department Inter -office Correspondence PI I. March 7, 2011 Memo To: Members of the Moab Planning Commission From: City Staff Subject: Additional Information to Approve an Application to Rezone Property as Submitted by Red Rock Partners Discussion This application will erase a split of a tract approximately 5 acres in size that is divided between R-4 and C-2 and C-3 Zones. Contemporary zoning practices generally follow property lines and centerlines of street rights -of -way. The Zoning Declaration in Code Chapter 17.04.050 should be kept in mind while evaluating this application: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City's General Plan. 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. 3. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the City's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. In addition, the Map Amendment Approval Criteria are found in Chapter 17.04.060, and the Planning Commission and City Council must consider the following in reviewing a proposed map amendment: 1. Was the existing zone for the property adopted in error? 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? 3. Is there a need for the proposed zoning within the area or community? 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Page 60 of 92 ��a Page 2 of El 5. Will benefits be derived by the community or area by granting the proposed zoning? 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? 7. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? A decision to rezone must be based on the General Plan as well as the Land Use Code. The Plan states, "All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan." It also goes on to say "...that all new zone changes [must] conform with the General Plan" and that they be done in a manner "necessary to protect the health, safety, and welfare of the community and work to preserve the natural environment and character of a small-town community." A rezone is a logical expansion of the C-3 when reviewing the types of uses on the surrounding properties and agrees with the goals of the General Plan. The Vision for Moab (pp 5-6) has several goals to follow when planning for the future: 1. Promote the presence of a vital downtown as the center of commercial activities and employment. 2. Utilize compact development patterns that make the most efficient use of public facilities and services, protect open space and minimize urban sprawl. 3. Maintain a rural/small town character that saves and complements its historic structures and neighborhoods. 4. Create walk -able neighborhoods, free of high-speed traffic hazard. 5. Locate schools, parks, trails and other public facilities within walking/biking distance of homes. 6. Reduce the effects of summer heat by providing or requiring shade in parking lots, shopping areas, parks and other public areas and neighborhoods; discourage removal of historic trees; and reduce coverage requirements for asphalt. 7. Separate and buffer conflicting land uses, especially where commercial abuts residential. 8. Encourage a diverse mix of year-round jobs that offer competitive salaries and meaningful work to keep Moab families employed in Moab. 9. Preserve Moab's surrounding landscapes and other natural resources to enhance the quality of life for community residents and in order to continue to attract people to the area who contribute to economic stability. 10. Develop a community and resort destination that is designed for people where walking and biking are the cornerstone of the transportation system. 11. Protect the stillness and visual integrity of Moab's enveloping desert landscape. 12. Protect and preserve open space, agricultural lands, riparian areas, ridgelines, mesas and wetlands. 13. Improve quality of living through support for affordable housing. The rezoning is logical for the area because: • A single tract would no longer be split by two zones • It is a natural extension of the C-3 zone • It meets the goal of the General Plan Future development of the property will fall under additional scrutiny because of the possible impacts to traffic and parking that may be associated with this type of development. These issues will be addressed through review of a commercial site plan Page 61 of 92 Page 3 of 8 application that will be the next step for the applicant if successful in the rezoning of the property. This application will erase a split of one of the properties by the zoning boundary between R-4 and C-2 and C-3. If approved, the rezoning of the property will remove the administrative confusion created by this situation. Contemporary zoning generally follows property lines and centerlines of street rights -of -way and the applicant proposal has provided a plat showing this concept. An evaluation of the objectives and characteristics of the zones may be helpful in reaching a decision. The objectives for the C-3 zone are contained in Chapter 17.24.010 of the code and states, `The C-3 central commercial zone has been established as a district in which the primary use of the land is for business purposes. The area covered by this zone is now and it is intended that it shall continue to be the dominant shopping and financial center of the city and surrounding territory. For this reason the zone has been located in the central part of the city where the street pattern makes the business buildings readily accessible to all parts of the city and surrounding region and where business and shopping activities can be carried on with maximum convenience. The C-3 zone is characterized by wide, clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well - maintained shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office buildings, theaters, and a wide variety of retail outlets. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the regulations set out in this chapter shall apply in the C-3 zone." Generally, proposed residential uses cannot be located on the ground floor in the C-3. A conceptual plan has not been received at this time but the code requires that residential uses in the C-3 not occupy possible ground floor commercial spaces. The lone exception is if the housing units are intended for affordable housing stock. The objectives of the current zoning are also interesting. In Chapter 17.51.010, the R-4 zone is described as providing, "the most appropriate locations for mobile home parks and mobile home subdivisions along with conventional dwellings. The zone is characterized by open fields interspersed by well -maintained mobile home parks, mobile home subdivisions, and other types of dwellings." The R-4 zoning in this area does not mirror the images conjured up by the description in the code but it does allude to "...other types of dwellings", that may be a match to the surrounding commercial development. Chapter 17.21.010 describes the C-2, commercial -residential, zone as an area that would "facilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses; facilitate the orderly expansion of commercial uses out from the central commercial district; and, be characterized by attractive and well -maintained commercial and residential buildings set back from public streets and surrounded by landscaped yards." Page 62 of 92 Page 4 of $ A comparison of the uses in each zone follows. R-4 C-2 C-3 A. One -family dwellings and accessory buildings 1. Retail, convenience and wholesale establishments less than three thousand square feet (wholesale establishments with stock on premises but excluding establishment whose principal activity is that of a storage warehouse 1. Retail establishments and service enterprises B. Planned unit developments subject to the requirements and conditions set forth in Chapter 17.66 of this title C. Fences, walls, and hedges which do not exceed seven feet in height provided that no fence, wall or hedge shall exceed four feet in height within the required front or side yard that fronts on a street 2. Office buildings, clinics and utility buildings excluding service yards and drive through services 3. Assembly of appliances from previously prepared parts (contained within a building) 2.Office buildings, clinics, utility buildings 3. Assembly of appliances from previously prepared parts D. Customary household pets, including but not limited to cats, dogs, and canaries; but not including the breeding of dogs and cats for sale E. Public schools, public libraries, public parks, playgrounds, recreation buildings and churches but not temporary revival tents or buildings 4. Eating establishments less than two thousand square feet excluding drive-ins or drive through services 5. Service enterprises 4. Auto body and fender shops, auto painting 5. Beer parlors and alcohol dispensing establishments F. Agriculture 6.One-family and two-family dwellings, apartment houses and court apartments 6. Electrical appliance shops (wholesale) G. Temporary buildings and yards for the storage of materials and equipment incidental to the construction of dwellings and other permitted uses; provided, however, that a permit for such temporary building shall not be effective for more than one year 7. Fraternity organization Lodges 7. Engraving and printing establishments H. Home occupations 8. Funeral orgAldaknents, 8. Fraternity buildings, clubs, 5' a Page 5 of 8 mortuaries and churches lodges I. Two-family dwellings 9. Gymnasium or physiculture establishments 9. Funeral establishments, mortuaries, wedding chapels J. Child day care centers and foster family care homes 10. Home occupations 10. Garages and used car lots L. Court apartments 11. Lodging establishments (under ten units) 11. Gymnasium or physiculture establishments M. Boarding and rooming houses 12. Parking lots (commercial) 12. Home occupations N. Clubs and lodges (nonprofit) 13. Schools, hospitals, public buildings and public parks 13. Hospitals O. Mobile home parks and mobile home subdivisions 14. Signs 14. Pawnshops P. Publicly owned athletic fields and schools 15. Rest homes and day care centers 15. Motels, cafes, food drive - ins, offices Q. Boys' schools and correctional institutions 16. Green houses and nurseries 16. Parking lots (commercial) R. Pasturing of animals 17. Pet shops, veterinary clinics, art and craft shops, taxidermy shops, electrical appliance shops (wholesales), plumbing shops, carpentry shops, hardware stores, electrical retail stores, river running companies, bakeries, stone and monument sales establishments, engraving and printing establishments and secondhand stores. 17. Revival tents (temporary) S. Plant nurseries 18. Service stations T. Radio and television towers 19. Schools and other public buildings 20. Secondhand stores 21. Accessory signs and Billboards 22. Utility buildings and public buildings Page 64 of 92 Q a Page 6 of 8, 23. Stone and monument sales establishments 24. Taxidermy shops 25. Tire recapping (all activities inside of a building) 26. Wholesale establishments with stock on premises but excluding establishments whose principal activity is that of a storage warehouse 27. Trucking companies subject to city council approval 28. Dwellings and apartment houses are not permitted, except that dwellings above the ground floor shall be permitted; 30. Ground floor dwellings only when the owner of the property is a legally constituted housing authority as recognized by the State of Utah, Grand County, or the City of Moab, or alternatively, the owner of the property is a legally recognized nonprofit land trust operating under a signed property management contract with a legally constituted housing authority as recognized by the State of Utah, Grand County, or Moab City Page 65 of 92 �-a Page 7 of 8 It is logical that this area would become an extension of the central commercial district (C-3 Zone) because a portion is already designated as such. The proximity of the property within one block of Main Street is a natural expansion and approval would be in conformance with the provisions of the General Plan to expand the commercial area. It will attract visitors and provide lodging within walking distance of the night life and other activities on Main Street and provide an anchor for the development of 100 West as well as for Main Street businesses. Rezoning of older properties for redevelopment can enhance neighborhoods and provide an increase in utilization of underdeveloped spaces, buildings and utilities. These underused areas are a significant asset that the City can offer for redevelopment projects. The potential for additional residential development, improved neighborhood environments, and providing additional jobs are additional benefits. Possible general benefits of redevelopment on underutilized properties include: • redevelopment of areas that currently attract anti -social behavior • provision of new units to respond to local housing needs • improved housing mixes • Improved mix use for a more walk able community • provision of key worker accommodation • increased demand and support for local services • provide surveillance of currently unsupervised areas • generate funds for wider physical improvements through unit sales • More efficient use of existing utilities In the broad picture, • All proposals should consider potential long term impacts — for example, would development have a detrimental impact on vehicular access to potential future development on an adjacent area? OR would there be great benefit to the community derived from the redevelopment? • Need to review the areas immediately around a site — adjacent areas may detract from new development and become future "problem" areas. Redevelopment can in many situations help foster redevelopment of adjacent properties. • The viability of a proposed use of property needs to be considered when it is replacing older development that is limited in the number of units provided and that is part of the existing built fabric that is nearing the end of its useful life. • Proposals should be evaluated with an assessment of the condition of surrounding development including housing stock and other structures so that they can be incorporated into comprehensive redevelopment projects in the longer term if possible. Past changes in zoning from R-4 to C-2 on nearby and adjacent properties have allowed for development that would not have occurred if R-4 designation was left in place. This trend and the ensuing development of townhomes and the construction of the hospital, medical office building, and extended care facility are major changes in the area that will have great impacts in the future. While commercial expansion to the east has been thwarted by a handful of residents in the area, the area along First West has already been rezoned to create an environment for Page 66 of 92 c,-a Pane S of 8 commercial expansion. A survey of First West clearly shows the preponderance of commercial development. It is expected that p:\planning department \2011\correspondence\pI-II-03T redevelopment of red rack part information.docx Page 67 of 92 5-a City of Moab Planning and Zoning Department Inter -office Correspondence Rl II I)41 March 7, 2011 Memo To: Members of the Moab Planning Commission From: City Staff Subject: Approval of Resolution #06-2011 Recommending Approval of an Application to Rezone Portions of the Red Rocks Partners Property Located at 61 North 100 West From C-2 and R-4 to C-3 Background The Planning Commission held a public hearing to review this application on February 24, 2011. If approved, the rezoning will create consistent zoning across the entire parcel. The property is currently zoned predominantly R-4 with a small amount as C-2. The portion of the property that fronts on 1st West Street is currently C-3. The application has been submitted in an effort to change the C-2 and R-4 portions to C-3. The affected property is approximately 6.13 acres in size. Discussion The attached Planning Resolution is drafted in the affirmative and the motion should reflect this approach. The vote then will be to uphold the motion to recommend that Council approve the change or it can be voted down indicating an unfavorable recommendation to Council. Alternatives 1) The Commission can approve Resolution #06-2011 as written; 2) The Commission can vote to not approve Resolution 06-2011 and state their reasons; 3) The Commission may table the application for additional comment and review. pAplannirg departmentl2alkorrespondence\p1-11-1:141 red rock memo.docx Page 68 of 92 CITY OF MOAB PLANNING RESOLUTION #06-2011 A RESOLUTION RECOMMENDING APPROVAL OF THE CHANGE IN ZONING OF A PORTION OF PROPERTY OWNED BY RED ROCK PARTNERS FROM C-2 AND R-4 TO C-3 AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP WHEREAS, Tom Stevens, (Applicant) of the Stevens Group, Inc., with offices at 0155 Maroon Mesa Road, Carbondale, Colorado 81623, acting on behalf of the owner of record (Owner) Red Rock Partners, 755 North main Street, Moab, Utah 84532, has applied for a rezone of property located at 61 North 100 West and consisting of 5.13 acres, more or less; and WHEREAS, said property is currently zoned predominantly R-4 with a minor amount as C-2 and a portion of the sarne parcel adjacent to First West Street is zoned C-3; and WHEREAS, the application has been submitted by the Applicant in an effort to change the C-2 and R-4 portions to C-3 to provide consistent zoning across the parcel; and WHEREAS, Applicant has submitted to the Planning Commission ("the Commission") said application for a zone change to make the parcel of land all one zone rather than create a split multiple zoning on said property; and WHEREAS, the Commission reviewed the application in duly advertised public hearing held on February 24, 2011, to review said application regarding the proposed zone change; and WHEREAS, the Commission reviewed the character and objectives of the three zones and the contiguity of the R-3 Zone to the subject property to determine the appropriateness of the application; and WHEREAS, the Commission also reviewed the Use Regulations for the C-2, R-4, and C-3 zones to determine the impacts that may affect adjacent properties through approval of the request; and WHEREAS, having evaluated the concerns of the public, the Commission concluded that the concerns were valid but pertained to the further development of surrounding properties rather than the rezoning and development of the specific property; and WHEREAS, the Applicant or future property Owner(s) will be required to provide the City with a development plan that will address issues that may be identified to provide a safe environment for residents of the neighborhood; and WHEREAS, the Commission adopted Resolution No. 06-2011, on March 10, 2011 citing the change in the character of nearby properties and development on those properties with the decrease of residential uses and an increase in commercial uses; and WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the proposed development, the Moab Planning Commission by the adoption of Resolution #06-2011, does hereby find that: 1) The property was not zoned in error but was zoned using inaccurate methods to distinguish the extent of various commercial areas in the city; 2) The rezoning is a logical expansion of the C-3 Zone and is in compliance with the 2002 City of Moab General Plan; Page 69 of 92 S4- CITY OF MOAB Planning Resolution #06-2011 2 3) There have been changes of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; and a need for development transitions; 4) The proposed zoning classification is compatible with the surrounding area and uses; 5) Adverse impacts can be mitigated; 6) Benefits will be derived by the community or area by granting the proposed zoning. Additional commercial development will be generated on other properties along First West Street; 7) Adequate facilities are available to the property or can be reasonably extended for the future development; WHEREAS, the Moab Planning Commission, has determined that the rezoning of this property is in the best interests of the City, and that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met. NOW, THEREFORE, THE MOAB PLANNING COMMISSION OF THE CITY OF MOAB, UTAH favorably recommends the application to rezone a portion of the Red Rock Partners property from R-4 a to C-3 toe Moab City Council. pAplanning department\20111pc resolutions106-211 red rk rezone.daex Page 70 of 92 Gvv tu!petislop Aq 6upoz 6ugspca pue 'sou!! paled `s6u!punq 6u!Imo smogs deal abuego auoz pesodoid o ueiv bupoLis MIN - v 5up.pleti tpm papuap lueo0c1V Aq pew!ep Apacioid eapu3 laanS L11-10N 00Z paa u! peumno E-0 oip-td wad pouozeu aq pasodoid ueiv Vc` 6 I North, 100 West Application for Rezoning Owner/Applicant: Red Rock Partners c/o Randy Day 755 North Mam Moab, Utah 84532 (435) 259-7488 randyday@citlinIc.net Submitted By: The Stevens Group, Inc. Tom Stevens 0155 Maroon Mesa Road Carbondale, Colorado 81623 (970) 963-3307 office (970) 319-0699 cell tstevenspstevensgroupmc.com www.stevensgrour nc.com Page 72 of 92 I. INTRODUCTION Red Rock Partners, LLC. (Owners) are the current owners of the 7.22 acre parcel of land bordered by 100 West, Williams Way and Walnut Lane. This parcel is currently zoned R-4, C-2 and C-3. The Owners seek to rezone those portions of the subject property currently zoned R-4 and C-2 to C-3 zoning consistent with the C-3 zoning of the front (east) portion of the site, to allow the future development of a hoteVresort with associated commercial uses. I7.24.010 Objectives and characteristics. The C-3 central commercial zone has been established as a distnct in which the pnmary use of the land /s for business purposes. The area covered by this zone is now and it is intended that it shall continue to be the dominant shopping and financial center of the city and surrounding terntory. For this reason the zone has been located in the central part of the city where the street pattern makes the business buildings readily accessible to all parts of the city and surrounding region and where business and shopping activities can be carned on with maximum convenience. The C-3 zone is charactenzed by wide, clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well -maintained shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office buildings, theaters, and a wide variety of retail outlets. In order to accomplish the objectives and purposes of this title and to promote the charactenstics of this zone, the regulations set out in this chapter shall apply in the C-3 zone. The proposal of a hoteVresort/spa with associated commercial space precisely fits the purpose and the intent of the C-3 zone district. This parcel of land, located just one block off Main Street and in the central part of the city lends itself well to this type of development by keeping hotel and commercial uses in the central core and within easy, convenient distance from existing commercial core activities. Page 73 of 92 1I. EXISTING CONDITIONS The subject parcel has been assigned an address of 61 North, 100 West, Moab, Utah 84532. The 7.22 +/- acre parcel of land is currently zoned R-4 for the west two thirds of the property, C-3 for the east one third of the property with a small area of C-2 at the southern portion of the site. The site is surrounded by C-3 to the east, as well as to the north and south of the eastern most third of the parcel, C-2 to the south and west and R-4 to the north. Its current use within the R-4 zoned area is a trailer court with 45 trailers. The parcel is within City limits- and is serviced by City utilities, roads and support services such as police, fire etc. Access is provided to the site by 100 West, Williams Way and Walnut Lane. The attached site survey shows an area to the southern portion that was the product of a quit claim from Shields to the City of Moab for a 100 foot wide strip of land in 196 I . In 1988, the city quited back to Shields certain portions of that 196 I conveyance. The area not conveyed back is represented on the site survey. There are structures along the east property line, along 100 West The parcel is essentially flat, falling from east to west from 40 15 feet at its highest point to 4002 at its lowest. Although the site has approximately 13 feet of fall, spread over the length of the site gives the perception of being nearly flat. All existing structures, paved roads, fences, improvements and easements including a 20 foot wide irrigation easement which runs along the southern boundary, turning north through the site have been represented on the site survey. Trailers and utilities to those trailers have not been included in the site survey. Notice has already been given to residents of the trailer court pursuant to State mandated requirements, that the court will be closed and residents will be required to find alternative housing. Closure of the court has not been scheduled, and it is the intent of the Owner to allow residents to stay in the court as long as possible. It should be noted, closure of the court is not dependent on approval of this rezoning application. however, the Owner understands that alternative, replacement housing is important to the redevelopment of this parcel and plans to offer alternative, replacement housing which will be addressed within this application. This trailer court has provided Page 74 of 92 Moab with valuable affordable housing inventory. However, the conditions of trailers within this trailer court are poor. Few, if any, trailers would pass simple life safety inspections. III. PROPOSED DEVELOPMENT The Owners propose to redevelop the existing property into a luxury hoteVresort/spa with associated commercial uses. This development program is not intended to compete with existing lodging accommodations within Moab but instead offer a type of lodging new to Moab. All development will be in accordance with the C-3 zone district and its dimensional requirements for setback, height, lot coverage, parking etc. All roads and utilities necessary to redevelop the property exist to the property boundary meaning no extension of any city infrastructure will be required. An integral component of the redevelopment of this parcel is the closing of the existing trailer court located on site, the removal of the trailers and the development of replacement housing for the existing trailer court residents. The Applicant also owns land at Mill Creek and Highway 19 I . This property is currently under city review for annexation and subsequent development into affordable housing, market rate housing and commercial space. The 2009 Grand County and City of Moab HOUSING STUD?' and AFFORDABLE PIOUSING PLAN identified a strong need for low income to mid professional housing options. The existing trailer court has provided a low income housing option for several years. However, this housing option is no longer viable due to the condition of the trailer court. Redevelopment is clearly needed. A community must be able to take a step back, take an objective look at the affordable housing being provided and answer one simple question, are we proud of this? Much work will need to be done to offer replacement housing. While the Owner intends to offer new, highly efficient, well designed replacement housing at the alternate site, it is not expected that all current residents will take advantage of this option. What is important is that the option is available. Also this option must be designed so it is financially accessible to the current trailer court residents. Two components weigh strongly in financial accessibility, initial purchase or rental rate, and monthly cost of operation. It is the Applicants goal to affect the development of new units that are both affordable in initial acquisition as well as energy efficient units that minimize the cost of monthly operation. Page 75 of 92 3v-rte V) IV. REPLACEMENT HOUSING As previously stated, the site contains 45 trailer homes. These trailers will be removed from the site and alternative housing will be offered as replacement housing. At this time the Owner is processing the 22 acre Mill Creek Drive/Highway 1 9 I property that is in its ownership through the City for annexation and development review. The development program for this parcel calls for the development of deed restricted affordable housing in compliance with the goals of the 2009 Grand County and City of Moab HOUSING .STUDYand AFFORDABLE MOUSING PLAN. 45 of these units will be reserved as replacement housing for the trader court residents. These two parcels are unrelated and the development review of each parcel is unrelated, and as such each parcel will be reviewed as a stand-alone land use application. The reality though is that both parcels are inter -related. While the Owners have the legal ability to remove all traders from the court at this time, and pursue re -development of that parcel, it is not their desire to leave the existing residents with no housing option. That is the tie for these two parcels. Re -development of the 100 West/Walnut Lane parcel must address replacement housing for the existing residents, not from a legal standpoint, but from a community standpoint. for that reason, the Owners are developing both parcels in conjunction. It cannot be clear at this time how many of the trailer court residents will take advantage of replacement housing. What is clear is that each family living in the trailer court can significantly increase their quality of life by leaving their existing trailer and relocating to a newly constructed, energy efficient, well designed, safe unit. The units proposed at Mill Creek/highway 19 I range from studio to three bedroom units. There will be units to rent and units offered for purchase. Units will run the range of pricing beginning with low income up to the mid professional category. The residents of the trader court will be given first choice of units, allowing them to pick a unit that best suits their size and economic needs. Timing is obviously a sensitive issue when developing two independent parcels under such a scenario. It will take a concerted effort by the Owner, as well as cooperation from the City to result in a seamless transition from approvals, development and occupancy of these units without having a gap in time leaving existing residents without housing while waiting for the completion of the new replacement housing. The Owner will make every effort to do their part to not close the trailer court and remove trailers until the replacement units have been constructed. Page 76 of 92 V. COMPLIANCE WITH 2O02 GENERAL PLAN The General Plan is a very comprehensive document that guides the growth of all aspects of Moab. There are, however, certain components of the Plan that directly guide the subject parcel and this application for rezoning. A few of these key components have been addressed below. The General Plan states "The implementation stage of the City of Moab General Plan will come as rezoning, development and annexation requests are made..." This application seeks rezoning of the subject parcel which means the City now has the opportunity to implement the plan relative to this parcel. Within the General Plan, several sections exist that relate directly to this parcel of land and the development plans associated with the rezoning request. SECTION I , ECONOMIC DEVELOPMENT The goal of the economic development language ►s "to encourage development that increases the City tax base, reduces unemployment , creates higher wages and/or improves the standard of living and quality of life within the City's capability to provide services and the stated policies related to growth." The existing residential use on the majority of the subject parcel generates no tax revenue for the City. Also it ►s arguably one of the C►ty's larger consumers of City resources, specifically police. By replacing this existing use with lodging and commercial, the City will expand its tax base considerably while potentially reducing the consumption of City resources. The existing parcel, in its residential use, generates no employment while upon redevelopment into lodging and commercial, jobs will be created ranging from service to upper management. This creation of jobs, especially the higher wage jobs has a clear benefit to the City. Currently, the majority of lodging and commercial uses are confined to Main Street/Highway 19 I . In the particular vicinity of the subject parcel, businesses have attempted to locate on 100 West with little success. There has been no commercial draw to get people away from Main Street. With the addition of an upper end hoteVresort/spa and commercial uses on the subject parcel, surrounding commercial parcels will have the economic "anchor" they have needed to survive, thus improving the economic climate well beyond to the specific parcel boundaries of the subject property. The General Plan goes on to state that the City should "consider carefully adjusting zoning rules as they relate to economic development." It further states that the City should `encourage existing businesses and industries to expand." The requested rezone of the subject parcel will expand the lodging industry and has the potential to become a significant economic development for Moab. The lodging industry currently operates at near capacity during "on season" with rooms often times being completely Page 77 of 92 booked. Additional capacity allows additional visitors and additional economic impact on all supporting businesses. Rather than compete with the existing lodging industry however, the plan for the subject parcel ►s to develop a higher level of guest experience with an upper end hoteVspa and commercial. This allows for the contemplated development plans of the subject parcel to expand the lodging industry and thus the economic development of the community without directly competing with the existing lodging industry. One of the policies of the General Plan, Section I, Economic Development, is to encourage, initiate and support City beautification and cleanup efforts." The existing trader court, and the subject parcel as a whole, represent some of the least visually appealing areas within Moab. The redevelopment of this parcel will have a positive impact on the overall beautification of Moab. Additionally the General Plan calls for the City to "develop streetscape plans for Center Street from 100 West to 300 fast." The subject parcel serves as a terminus to Center Street and can bring the streetscape onto 100 West. SECTION 2, GROWTH AND URBANIZATION The goal specified within this section is "to encourage the orderly growth and development of Moab within the City's ability to provide services. Emphasis should be on balancing land use: Guiding growth to locations that are safe and sensible for the City to service, while maintaining the character of the town and the beauty of its surrounding landscapes." Within the original planning for the City of Moab, this parcel was seen as appropriate for commercial development and as such was zoned commercial. However, only that portion of the parcel along 100 West was zoned to commercial as the balance of the parcel was an existing trailer court and had to be zoned accordingly. Without the trailer court, it is likely that the parcel would have been zoned commercial from the beginning. Having commercial and lodging one block off Main Street just makes good planning sense. Unless it has been determined that the commercial core shall be confined to Main Street only, those parcels off Main Street, but still within walking distance to Main Street, would certainly be considered part of the commercial core. The subject parcel represents an opportunity for the City to expand viable commercial uses along Center Street, 100 North and 100 South and along 100 West with the rezoning of this parcel. Services already exist to the subject parcel meaning no extension of service is required, again marling this parcel a prime location for development. The development review process will require impact assessment reports which will identify any and all fiscal, environmental, public facilities and services that will be impacted and require that the developer pay for these impacts. This includes fees for such services as water and sewer, and could in the future include fees for storm drains, roads, street lighting, parks and recreation according to the General Plan. Page 78 of 92 The General Plan goes on to state that the City should "encourage variety in new commercial development and businesses" and "allow the central business zone to expand when additional commercial capacity is needed and when such development is compatible with historic structures and character of the community." SECTION 5, HOUSING Section 5 of the General Plan addresses housing. The goal of this section states "to follow a housing strategy that meets the needs of the current residents, anticipates growth in housing needs, promotes a cohesive, small town environment, supports a high quality of life, and addresses the problems of affordable housing." In 2009 the City of Moab, in conjunction with Grand County, produced the Grand County and City of Moab Housing Study and Affordable Housing Plan. This plan looked at current housing inventory and compared that to current housing demand and projected housing demand into the future. The demand projected for the year 20 12 was 224 units of rental and 388 units of sale housing. Given this need for housing it would be irresponsible to submit development plans to the City that resulted in a decrease in existing affordable housing inventory. Clearly one of the most pivotal ►ssues with the subject parcel is the existing trailer court. While this court has provided much needed affordable housing for Moab in past years it has outlived its design life. Not only are the trailers inefficient from an energy consumption standpoint due to when they were built and their condition but few, if any, units would pass a simple code safety inspection. An eye sore, a disproportionate consumer of City resources (police) and poor living conditions are all elements that are precisely contrary to the goals of the General Plan. Red Rock Partners seeks to provide affordable housing not just as replacement for the existing trailer court but additional homes for the community at large within the proposed development located at Mill Creek Drive and Highway 19 I . While this is being processed under a completely different land use application, it should be considered a viable source of replacement housing for the trailer court. It is very important that the City be aware that Red Rock Partners has completed the State required step of notification to close the trailer court. At this point, a simple thirty day notification ►s all that ►s reciu►red to force closure of the court. Obviously Red Rock Partners has not given this notification to any of the trailer court residents and has no plans to do so until replacement housing is available. This is why the Mill Creek Drive property is going through the development review process. It is currently in the annexation process and will be followed by the development review process as outlined in the City of Moab Municipal Code. Page 79 of 92 2)-A0 5'2� The net result of these two separate applications being reviewed is that, if approved, the residents of the trailer court will be provided new, energy efficient, quality, affordable housing, and the existing trailer court will be redeveloped into a unique property that not only provides significant tax revenue to the City but acts as a major source of economic fuel for the Moab community, providing jobs from service to high paying management, all while providing guests to the Moab area a unique lodging experience. VI. REVIEW CRITERIA I. The name, address, and telephone number of the applicant; Red Rock Partners, LLC. Randy Day 755 North Main Street Moab, Utah 84532 (435) 259-7488 (office) (435) 2G0- 1388 (cell) 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; The Applicant requests a rezone of the subject property from its current underlying zone districts of R-4, C-2 and C-3 to entirely C-3. A legal description of the property has been provided herein on the Site Survey attached herein. 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; A Title Certificate has been provided herein (Exhibit C). 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel, - Statement from the county treasurer showing taxes have been paid in full has been included herein (Exhibit A). Page 80 of 92 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred feet in all directions of the subject property boundary; An Improvement Survey dated 5-23-2008 prepared by Keogh Land Surveying has been included herein (Exhibit D) depicting property boundaries, existing structures, roads and the zone district boundaries. 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; A list of surrounding property owners has been included herein (Exhibit 15). 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; Zoning for the subject parcel contemplated commercial, C-3 zoning on the front portion of the site while R-4 had to be assigned to the rear portion of the site due to the existing trailer court. This trailer court will be removed which represents a substantial change in conditions from when the property was zoned initially. Due to its adjacent proximity to commercially zoned property, the existence of a portion of the subject parcel zoned C-3 and the need within the community for commercial space and lodging, this site lends itself ideally to commercial use. 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and This will be paid at the time of submission of this application. 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned See Section III Proposed Development above. Page 81 of 92 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? The existing zoning was not adopted in error. however the existing zoning was adopted to accommodate a use that is changing. The site zoning is split between C-3 and R-4. The C- 3 portion of the site was clearly intended to bring commercial use to the site. The R-4 zone was required to accommodate the existing use of the trailer court. The trailer court is be closed allowing this use to convert to C-3, consistent with the front portion of the site. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? As previously stated, the deteriorated trailer court will be shut down upon completion of replacement housing allowing for the entire site to become C-3 rather than just the portion of the site that was not utilized for trailer court C. Is there a need for the proposed zoning within the area or community? The community is clearly in need of additional, quality retail space as well as a full service hotel spa. This currently does not exist in Moab. Although during "on season" all lodging is full within the Moab downtown and surrounding area, it is not the intent of the Applicant to compete with the existing lodging inventory. Instead the development plan calls for a full service hoteVspa with associated retail commercial space. D. Is the proposed zoning classification compatible with the sun-ounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Page 82 of 92 At this time this property was zoned, the City felt it was an appropriate location for commercial and as such they zoned the property not being used for a trailer court as C-3. The result is that the front one third of the property is currently zoned C-3 while the rear two thirds of the property was zoned R-4 to cover the existing trader court. The site meets the criteria for C-3 zoning in that it is part of the existing commercial core, the streets are wide, clean and well lit. There are ample pedestrian ways and vehicular parking. There should be no negative impacts to the community since the roads, utilities, pedestrian ways etc. are currently in place E. Will benefits be derived by the community or area by granting the proposed zoning? There are two significant benefits to the community to this rezone plan. First is the closure of the trader court and development of replacement housing. This court is in very poor condition, is not safe for residents in that few, if any, of the trailers would pass simple code safety inspections. Additionally this court requires a severely disproportionate amount of City police resources. This site is in desperate need of redevelopment. The second benefit to the community will be the additional lodging and commercial space. Not only does this add a new dimension to Moab by developing a type of lodging and commercial shop that does not exist but will also be a significant source of tax revenue for the City. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? if utilities are not available, can they be reasonably extended? All required facilities are to the property line. No extensions will be required. G. Does the application conform with the provisions of the Moab general plan. the Land Use Code, and applicable agreements with affected governmental entities? The Applicant does believe this proposal conforms to the applicable provisions. Page 83 of 92 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Yes. As previously stated in this application, the City deemed this site appropriate for commercial C-3 zoning and executed that zoning on the front portion of the site. This application seeks to now rezone the rear portion of the site previously used as a trailer court to C-3, consistent with the existing zoning on the front portion of the site and a large portion of the surrounding area. Additionally, the C-2 zone district surrounds the site to the south and west with the C-3 zone district sounding the eastern most third of the site on the north,. east and south sides. B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? Yes and no. The lodging and commercial aspect of the redevelopment of this site is not a new use or development concept. The type of commercial and the type of lodging are new, at least to Moab and may not have been contemplated at the time of adoption of the General Plan. The proposed use however, does fit precisely within the C-3 zone district allowed uses, making it consistent with the views of the general plan and the drafting of the C-3 zone district. C. Is the amendment consistent with the policies and goals of the general plan? See Section V., Compliance with 2002 General Plan above. D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? The site is bordered by commercial zoning completely on three sides and a portion of the forth with residential zoning across Walnut Lane to the north. As such, this does not represent the introduction of zoning inconsistent with surrounding uses. The redevelopment of Page 84 of 92 this parcel will not require the extension of city utilities or road system. Based on this the Applicant does not believe that this proposal represents any adverse impact to the community. E. Is it in the public interest to approve the proposed amendment? It is clearly in the public interest to approve this request for zoning text amendment. The proposed redevelopment of the subject parcel pursuant to the text amendment will close and remove the trader court once replacement housing has been completed. This, in and of itself, should be adequate benefit to the community to support this application. The redevelopment of the site into a hoteVresort/spa with associated commercial will significantly benefit the community by adding jobs, adding tax revenue, while adding an element to Moab lodging currently missing. F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? As previously stated this amendment will lead to the positive redevelopment of the subject site, 7 plus acres, within the downtown core. G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? The redevelopment of this subject parcel pursuant to the text amendment will provide significant economic stimulus to the community. The construction of a hoteVresort/spa with associated commercial space will require several years of planning, design and construction infusing tens of millions of dollars into the community. Once complete this development will employee a sizable staff. The operation of this facility will provide significant tax revenue for the City, on a site that currently provides no economic benefit to the city or the community at large. The affordable housing benefit to this proposal has been discussed in Section IV above. H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? Although the hoteVresort/spa and associated commercial space has not been designed at this time, it is the intent of the applicant to comply with the dimensional requirements of the C-3 zone district. Since this zone district surrounds the subject parcel on one site completely and two sides partially, with the C-2 commercial zone surrounding the parcel on the south and west sides, this proposed text amendment does not introduce a use inconsistent with surrounding uses. For this reason the relationship between the redevelopment of this subject parcel and surrounding parcels will be positive and consistent with the town vision when originally zoned. Page 85 of 92 From a land use standpoint, the governing rationale is to keep commercial and lodging activity confined to the central core. This proposal conforms with that rationale. The boundary definition of the commercial core could be questioned but that too has been defined by current zoning. This subject parcel is surrounded by C-3 and C-2 commercial zoning. It appears that the only reason a portion of this subject parcel was originally zoned R-4 was to accommodate the existing trader court. This trader court will be closed. From a building scale perspective, the surrounding buildings are two storey, pitched roof construction but have the ability under current zoning to increase to the zoning limits, the same zoning limits that govern this parcel if zoned completely to C-3. Timing then becomes a consideration. 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W r'aT 'rowlni saMAT 'yIns rwo w .s""ws'Frr 1. w sn11irlins IasiXi 4.1nts 4plw ri1 r11• Sfye/277,4, ••,,a., xmscn, 11 Or • Val r 1 liar la l Ai!arsainr 83211..P.fd7JS Si lx0) z-a vwz .-a r • .num t.m •� .yaatu.•r hnf-I )l� aL.a �.y. 4r��, �lyj1,�'I• .R1 rr0.��a.W�ribl ¢lzti 1 I awr cy I I �•w •+am.. r_ A A u 211,3B 01Hdr10 a 'jl0a AJL13 03 r.44 8 flh=fl aW1,7 .t/!n?N,ir 4 s i City of Moab Planning and Zoning Department Correspondence ill_ II 1136 February 25, 2011 Memo To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of Ordinance #2011-02, Amending the Code to Specify the Construction Materials for Parking, Loading, and Drive Access in all Zones as Amended by the Planning Commission and Referred to Council Discussion The draft language in the ordinance was reviewed by the Commission during the February 24 meeting. Paragraph A, 1, a originally stated, a. "Exception. In residential zones where required lot sizes are a minimum of one acre or more and the driveway exceeds seventy-five (75) feet in length, the access driveway surface from the public right of way shall be constructed with acceptable materials for a distance of not less than forty (40) feet from the edge of the right of way. The balance of the drive may be constructed with unacceptable materials given that all required parking areas shall comply with these regulations." The suggested changes proposed by the Commission change the language to read, a. "Exception. In residential zones where required lot sizes are a minimum of one acre or more, the access driveway surface from the public right of way shall be constructed with acceptable materials for a distance of not less than forty (40) feet from the edge of the right of way. All required parking areas shall comply with these regulations." The ordinance in its entirety with these changes is attached for Council's review. It also needs to be noted that language requiring paved drives already exists in the code. Chapter 17.66.050 Standards and requirements, for PUDs states: "All parking spaces, parking areas and driveways must be hard -surfaced (paved) and properly drained with no drainage running across public or private walkways. Hard surface shall be paved concrete, asphalt or other pavement systems that perform similarly for the intended use as approved by the public works director. All weather, nonpaved driveways and parking areas may be permitted within planned unit developments containing three or fewer total dwelling Page 88 of 92 Planning and Zoning Driveway Surfaces Drd. #2011-02 February 19, 2011 units. All nonpaved driveways and parking areas shall be approved by the public works director." Process Page 2 of 2 As noted in a previous memo, the Code allows Council to adopt text amendments in Chapter 17.04.100, Action by City Council. Paragraph "A." without a public hearing; "A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held following receipt of the planning commission recommendation." Paragraph B goes on to state, "In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." Staff has discussed this ordinance with Council on at least two occasions and reported the need for greater detail on development plans. Adoption of Ordinance #2010-02 will provide staff with a level of detail that is not at this time required and will aid the Planning Commission and Council in making better informed decisions when reviewing development applications. Recommendation Staff agrees with the Planning Commission and recommends that this amendment to the code be approved. This amendment will require that all uses have clearly defined parking, loading, and access areas and will keep street maintenance costs down and reduce the possibilities of broken windshields. Alternatives In its action, Council can: 1) Decide to hold a public hearing and establish a date; 2) Decide to not hold a public hearing and approve Ordinance #2011-02 as recommended by the Planning Commission; 3) Approve Ordinance #2011-02 with any changes necessary to address concerns; 4) Vote to not approve the ordinance; 5) Table the ordinance in order to satisfy needs for additional information. p:\planning department \2011\correspondence\pI-II-036 drives back to cc.docx Page 89 of 92 53 ORDINANCE #2011-02 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTION 17.09.270, OFF-STREET PARKING AND LOADING -ACCESS TO FACILITIES WITH CLARIFICATION OF THE TYPES OF ACCEPTABLE MATERIALS FOR THE CONSTRUCTION OF DRIVEWAYS, PARKING, AND LOADING AREAS WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and address changing conditions or modify development requirements; and WHEREAS, the City of Moab Planning Commission ("Commission') in a duly advertised public hearing held on December 9, 2010, to hear testimony and determine the merits of the changes to Code Section 17.09.270, Off-street Parking an loading; and WHEREAS, the Commission found that the proposed changes to said section would benefit the city in reviewing all levels of development; and WHEREAS, said amendments to Section 17.09.270 will benefit the residents and the City of Moab; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2011-02 as being in the best interests of the citizens of Moab; and WHEREAS, Council reviewed Ordinance #2011-02 in a regularly scheduled public meeting held on , 2011, to hear and decide the merits of the proposed change to Section 17.09.720 of the Moab Municipal Code; and, WHEREAS, Council also found that the amendments to the code are in the best interests of the City and its residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2011-02 is hereby adopted to amend Section 17.09.270, Off-street parking and loading- Access to facilities, of the Moab Municipal Code to read: 17.09.270 Off-street parking and loading -Access to facilities. A. Access driveways shall be provided for adequate ingress to and egress from all residential, institutional, industrial and commercial parking and loading facilities and be delineated as described below. Each parking and loading space shall be easily accessible to the intended user. All off- street parking, loading areas, and driveways shall be properly drained, have durable dust -free, all weather surfaces and shall be maintained in a usable condition at all times. 1. Acceptable surface materials for parking, driveways, and loading areas are those that are resistant to deterioration from weather and/or traffic. Such materials include, but are not limited to: concrete, asphalt, sealed pavers, cobbles, sealed brick or any other material that Page 90 of 92 63 would have similar characteristics and uses. Pervious materials must demonstrate that they function to the same level as those listed above so that dust is not generated and deleterious materials are not deposited on the pavement of adjacent streets. a. Exception. In residential zones where required lot sizes are a minimum of one acre or more and the driveway exceeds seventy five (75) feet in length, the access driveway surface from the public right of way shall be constructed with acceptable materials for a distance of not lePss than forty (40) feet from the edge of the right of way. The balance of the drive may be constructed with unacceptable materials given that all required parking arms shall comply with these regulations. a. Exception. In residential zones where required lot sizes are a minimum of one acre or more, the access driveway surface from the public right of way shall be constructed with acceptable materials for a distance of not less than forty (40) feet from the edge of the right of way. All required parking areas shall comply with these regulations. 2. Unacceptable materials are those that deteriorate from weather and/or traffic and shall include, but are not limited to: gravel, road base material, volcanic cinders, clinker rock, or any other material that would have similar characteristics. A chip -seal process may be used to provide an appropriate level of service for dust control if approved by the City Engineer and Public Works Director. Effective immediately upon passage. Passed and adopted by the City Council upon the affirmative vote of a majority of the Council in open session on , 2011. Signed: Mayor David Sakrison Attest: Rachel Ellison, City Recorder Date pAplanning department\20111ordinances lord 2011-02 drveway surfaees.doex Page 91 of 92 Mayor Dave Sakrison From: Bill Howell (bhowell@seualg.utah.govi Sent: Wednesday, March 02, 2011 10:34 AM To: mayordave@moabcity.org Subject: Billing for Lobbying Costs Dave, At the February 10, 2011 SEUALG board meeting, 1 was asked to submit invoices to the cities of Monticello and Moab for a share of the costs of retaining the lobbying services of Dave Spatafore to advance our interestes in S76, titled "Distribution of Revenues Collected Under the Local Sales and Use Tax Act." Please accept this e-mail as an invoice in the amount of $4,000 as the City of Moab's share of the cost for this service. Bill*************************************** Bill Howell So. East Ut. Assoc. of Local Govt's 375 S. Carbon Ave. P.O. Box 1106 Price, Utah 84501 435-637-5444 Fax 435-637-5448 bhowell@seualg.utah.gov 1 Page 92 of 92 1