HomeMy Public PortalAboutPKT-CC-2011-08-09 (2)CITY OF MOAB
August 9, 2011
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Page 1 of 110
Page 2 of 110
Moab City
Community Meetings
August 2 011
S M T August 2011
W T F
September 2011
S S M T W T F S
14
21
28
1 2 3 4 5
7 8 9 10 11 12
15 16 17 18 19
22 23 24 25 26
29 30 31
6
13 4 5 6
20 11 12 13
27 18 19 20
25 26 27
1 2 3
7 8 9 10
14 15 16 17
21 22 23 24
28 29 30
a
m
M
0
N
of
r
N
N
Q
M
0
N
N
m
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Jul 31
Aug 1
2
3
4
5
6
4:00pm 6:00pm
6:00pm 7:00pm
GCWB
GCAB
3:00pm 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
7
8
9
10
11
12
13
12:30pm 2:00pm
GCCOA
12:00pm 2:00pm TRAIL
3:00pm 4:00pm GCSDBE VN
3:00pm 3:30pm MVFPD
r6:30pm 9:00pm Moab CC
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
14
15
16
17
18
19
20
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
5:30pm
6:30pm MATCAB
21
22
23
24
25
26
27
12:00pm 12:30pm MTPSC
OOpm Moab CC
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
28
29
30
31
Sept
2
3
Moab Oty Recorder's Office
1
8/4/2011 2:30 PM
Page 3 of 110
Moab City
Community Meetings
September 2011
September 2011
S M T W TFS
October 2011
SMTW TFS
11
18
25
1 2
4 5 6 7 8 9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
3
10 2 3 4 5
17 9 10 11 12
24 16 17 18 19
23 24 25 26
30 31
1
6 7 8
13 14 15
20 21 22
27 28 29
M
a
�
N
N
m
J
Q
o
v
Q
r
N
irO
8
N
N
a
(9
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Aug 28
29
30
31
Sep 1
2
3
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARL
9:00pm GWSSA
4
5
6
7
8
9
10
6:00pm 7:00pm
GCAB
3:00pm 4:00pm GC Counci
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
11
12
13
14
15
16
17
12:30pm 2:00pm
4:00pm 6:00pm
GCCOA
GCWB
12:00pm 2:00pm TRAIL
3:00pm 5:00pm SFSC
3:00pm 4:00pm GCSDBE Vi
3:00pm 3:30pm MVFPD
[6:30pm 9:00pm Moab CC
6:00pm
6:00pm
7:00pm
7:00pm GC PC
7:00pm TSSSFD
8:00pm TSSD
5:30pm
6:30pm MATCAB
18
19
20
21
22
23
24
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
6:30pm
8:00pm Moab PC
25
26
27
28
29
30
Oct 1
12:00pm 12:30pm MTPSC
5:00pm 6:00pm SEUDHD
6:00pm
7:00pm GC PC
6:30pm 9:00pm Moab CC
Moab City Recorder's Office
2
8/4/2011 2:30 PM
Page 4 of 110
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, August 9, 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
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: NEW BUSINESS
4-1 Approval of Modification #2 to Cooperative Agreement #H1341090902
between the United States Department of the Interior National Park Service,
Southeast Utah Group and the City of Moab
4-2 Approval of a Preliminary Plat for the Mill Creek Village Planned Unit
Development (PUD)
4-3 Approval of an Amendment to the Sunrise Hills Subdivision
4-4 Approval of a Letter of Agreement by and between the City of Moab and
Four Corners Community Behavioral Health for the Communities That Care
Program
SECTION 5: READING OF CORRESPONDENCE
SECTION 6: ADMINISTRATIVE REPORTS
Page 5 of 110
SECTION 7: REPORT ON CITY/COUNTY COOPERATION
SECTION 8: MAYOR AND COUNCIL REPORTS
SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 10: 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 6 of 110
CITY of MOAB
217 EAST CENTER STREET
MOAB, UTAIH 84532-2534
MAIN NUMBER (435) 259-5121
FAX NUMBER (435) 259-4135
MAYOR: DAVID L. SAICRISON
COUNCIL: KYLE BAILEY
SARAH C. BAUMAN
JEFFREY A. DAVIS
KIRSTIN PETERSON
GREGG W STUCKI
To: Honorable Mayor & City Council
From: Jeff Foster, Public Works Director
Subject: CITIZENS PETITION CONCERNING MULBERRY LANE DUST PROBLEM
We have looked into the dust problem in and around the area where the petitioners reside, and have
come to the following conclusions. The dust problem is not restricted just to Mulberry Lane. The
Mulberry Grove Subdivision pathways and parking areas attached to the Subdivision are not complete
and there are homes in this Subdivision that are under construction. That being said, there are
construction vehicles that come and go from these building sites. There will be additional homes built
in the future in this subdivision and all of this work traffic comes in and out of the subdivision over the
dirt pathways in the area. Although a good portion of the dust problem is related to this issue, the
developers of Mulberry Grove Subdivision contacted me this week indicating their plans to overlaying
the pathways and parking areas in the Mulberry Grove Subdivision in the next few weeks. This overlay
project should considerably reduce the amount of dust being transmitted into the homes in the area.
The Engineering department produced the map provided in your packet, and after reviewing that
information and visiting the site, we came to the following solution:
Kachina Way is a closer access to an all weather surface road for the residents that use Mulberry Lane.
This access is also a more direct route to 400 East. The section of Mulberry lane that starts at 400 East,
and continues East to the West boundary of the Mulberry Grove Subdivision is City Right -of -Way as
shown on the map provided. Staff's recommendation is that the city Install or have installed 2 gates
across Mulberry Lane. The first gate at 400 East, and the second gate at the East end of the Right -of -
Way where the road transitions to an access easement. This solution would make it necessary for local
traffic to use Kachina way for street access from their properties and would remove the need to use
the access easement going North to the section of the road that is City Right -of Way which should
solve the dust problem stemming from use of Mulberry Lane.
3-5
Page 7 of 110
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A Final Plat of
MULBERRY GROVE
A PLANNED UNIT DEVELOPMENT PURSUANT
TO CITY CODE
17.66 BEING A SUBDIVISION
OF
TRACT
A, MULBERRY LANE
SUBDIVISION
AMENDED AND ADJACENT LANDS WITHIN THE NW
Y4 SECTION 7,
T 26 S, R 22 E. SLBM, CITY
OF
MOAB,
COUNTY OF GRAND,
STATE OF UTAH
NW CORNER SEC 7.
T26S,R22E.SLBM
m
5120 S.F. 3 z s r' J FI !
4737 S.F. a& d� �❑ 4 g 5 0 + f
- - - _ r� w_ 1 l I - � 6 1
3 SM50 S.F.
S8425'54'E� _ r .r. �p. 7822 SF. 1 + m 15143 S.F. Y � ' f pp )
55. 78, S]773'2�� �� �� , 'Z a 4748 $ F. 'n 4 O W
r r
~ ~ ~ � os' �' 45 98' I 1 r $ z 4462 Sr. I Y o
++ I 9
aN H8834'31"111 E2� .� � 1 , z 1� � m r
N77 43 00 W 1 1 6118 S.F.
5 '
Ln
POINT OF BEGINNING
NE CORNER NW X NW Y4 SECTION 7,
T 26 S. R 22 E. SLBM
FEMA Elood Hazard A
O
■ hatched area idicates area that lies within the
4
FEMA designated 10O-yr flood plain (Zone AE).
z
■ Cross -hatched area indicates area that lies within
FEMA designated-Floodway .
Designations are current as of the date of this Flat.
(FIRM 490072) Building restrictions apply. See Note 8.
w 1 N80 33'23'W s3.Or �� { „ 20 53. 6
D j eels S.F. � 10' wide Pub4ie Utility Easement N82'51'10'1Y 53.07• `- 1 U en p e
1 across [rent of Ivt, typical as 706.14' 77 ' - �L [3 I
U I z shorn (see Nate 7) 4T r� r7
I to. N79.3s 1-r 122 * 24
c 4 i.82' N76-21'27-w SF. - 3,5 SF-
-7
3
U { N832I'55'W 26 DO
f N 33 ss'38'OS'w ,a TRACT A °x• 37.xa' /
�7'59"
i o _ w 26-00' 0 1.34 acres EAST
f c I (Common Open Space) ^ 5 2 f
IN
To. L24 L26
- ; I 58077 54 W C22 d#�
N89-42.4s'W 180.45- Wfi6• Lill -IF
to 8.6 102-61' 69.19' _ ti
Existng 20 ft wide private ! 1 1 v 22 25 I n 0 I , tr ee•rs
I 11
eccess and utility easement :'� { I 20 ' 63oQ S.F. 6204 2� S.F. i 53 7p' 35 Q{• j
B.O. Lots 1 -3 Muilberry o 5 1 11
F Lone Subd, Amended 7467 S.F- n r i1 / r" p y, I I 9 r� f9 3 f
1 p 1,0 o f d' °Y '. I 1 ryo 4 �n 2 8 eo $
18 a. a 1`l } `r/ x0' 6' �S N ri
O + z + >• a_ `I x �.. 3391 SF. r,
TRACT D 7070 S.F. 1 0 �° a• 9. 55-84' S{ a�a
1.10 acres -- i I I Ll s a Nay 32'2s' E zs `r>< 0
T- 1 � � �' 3 V z C8. �• `` 1 1 57g�•a❑ ❑ �
(common)
1
1D• �ro 20• N'Tsy L46 C,39 47 42t8 S.F.
a 2� C'. w o
IC china Drive �� 03 L10 - I q°< 6� \ n� z i
� f y" kg. �- N80 na
publiC Street} 1 ~� c7a TRACT F (Common) % z 23
1 4294 SF. 29 �C � _ �, �
is w + 5442 S.F. 3 1 � _ � I Existin� pedestrian pathway
1 j I5 f �ti 21 g + w j 32
o N o 4898 SF• � easement T1dd by City of Nvob
"t `O o recorded of Entry 58025, Elk 585, Pg 381
�n 7 dy �3822 S F. 7, n 4 iv 5329 SF_ I 1 p Y I4
I �, _
j } 648a S.F. 5983 S.F. yr1 � dY f �? - 52.8 + rn o¢ �4 O N8D17o'00. pl3 00 W t�
I -I �hEAST
^ o s7.73 w 55 tit �°4tt
54
L - - 15 `' �` 19 I SBatao'oa s28-M.a3' �r �49 y;`'��
,. 1 + 34
151.91' 47.15' �47.81' ci 6352 S.F.s F. !� o f 3 3 I `� i954 S F. +
p {n WEST 246.87' (Record = 247.2'j o _
I o 6146 sF. ��te �, �� q 36 1 1 38 I
I re.
o SEtS S.F.
75a2 sF.
z 0 L12 EAST
ti z .�' `�,, 10' l H I II
j 75- 74'
� � LiI � � C!� � + g 3 S 10' �s4 . ls.�, . i� � �k;�1 Q.
i
+ J S o 6170 S.F. Cs6 .
-01
U30' 1 10' yry 1
LLl I j ' 8U.z3' w -
tl kids w
tJ7 j Existing 20' rater line S80 39 0 15' ride easement for
WEST 155.59' ` easement reJardad at ' �00 F ' 37 .a "3 5" public non-matarized
_ Q Entry #4832�4 Sic 716• Pg. 431 ' 4897 S.F. w) ^ P Gard atsated this plot. _
m I -- --- 83.14' r 72.45• r z
Ln n��-- ---_
ff� N 8S 49.99• 64-25' TRACT E I
_ n n 1 O d o t V) z '- o EAST 124.Or D.62 acres
l31 >�' E
z ro w
0 20'
5578 S.F. r yy
5433 SF .'S'.•r (common)
}
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1
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i10 Ls. 20' a
iL41 a
r` U 5311 SF. (a
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TRACT B �° 1ag43sO
12p7 r n
BB I N +�''' ��4s� ,0 1 6.86 acres • '
i EAST
14 ! * _ ,b� t3 , ' (Common Open Space)
WEST A CORNER SE�TION 6175 S.F. r o 3 S9• �, ' l _ 4
7, T 26 5, R 22 E, ISM : Q F. 5337 S.F. `N,
n---._-J
68-81' 183.47' 4 EAST
EAST 172-28
l + � 1�• A
.� 1 ► 11 al 42
J 15188 &F.
+ 41
' a 15727 S.F. 10
Existing 20' wide water line
easement recorded at
Entry #483234. Elk, 716. Pg- 431
Y � r
20' J 40 z
f I �55.se' Q W 577- ReCd
43 0
1 S0'07'OO"W
--- WEST 294.20' (Record)
0
l 8.56
1
10
i -
la
a
Q
60 30 0 ` 60 120
SCALE IN FEET
LINE TABLE
LINE TABLE
Lela #
length
Searing
Line #
La114th
Rearing
L4
20-4-7
N7739'04'w
L27
30.511
WrWOd'E
L5
1&04
M31T06'Z4'E
Lib
11.33
f43XW5n
Lg
2OL37
MM4'00-►1
L29
S69
N49'O1'137E
L7
t7.67
N22t.,d44W
L30
25,91
519.13'36E
L9
IZAO
s6453'02'E
Loa
3&91
N9awoo-11
L10
43.14
44-E
L41
12,45
NWWOO-E7.
L11
mw
N3YW05-E
L43
33.43
N20336'w
L12
5-00
1402VWE
L44
16-54
s3s-w5rw
L13
22-06
N53-1d12i
L45
29.53
S7aW46'W
L14
19-22
N3631'4"
L46
10-00
SWI71'13 w
L15
20.73
N75Od00'w
L47
16.73
S35'39'49'w
L16
1&39
N&T2W12'E
L48
12-32
S5936'56 E
L17
34-3D
N5a18'59-E
146
1130
S50-055-E
Lle
7.96
S43'34'581F
L50
40.01
N5936'S5 w
L19
5.60
1441iwoalw
L51
40.01
SN-35'55'E
L20
20-00
S40.33S4--w
L52
7.23
SSO-M55 E
L21
7.86
KQ-26'06-W
L53
7-3
'
55936'55E
L2
&05
N43319-W
L54
3IL72
s&rSy5E
3
U14
14Q35541:
L55
57.13
537315R�
24
42.42
seo3r56E
L56
20.00
N7'06'02"E
L
705
Np758w
57
17.41
S823r56E
29-63
N6937 WW
L58
2Z57
SE2535W
L59
70.00
S65.41'00-w
LEGEND
- -
FEMA 100-yr flood plain
boundary
- - - -
Building setback line
Easement boundary line
Area subject to Public Utility
Easement (See Note 17)
Area subject to Nonmotorized
Travel Easement (Public)
Area subject to Buried Utility
Easement (See Note 17)
*
Corner monument to be set -
3(1' rebor w/plostic cap
OFound
monument
isb
Found public lands survey
'Tw
monument
CURVE TABLE
Curve #
Length
Radius
Deno
Chord Bepring
Chord Length
ct
29-33
2&00
60.02
N5654.04tie
2&01
C2
29-32
28.00
60-00
N1'06'24 E
28.00
C3
33.53
1tO-00
17.46
N22-2Y291
33-40
C4
50-10
4115
66.4a
w-srm-w
47-34
CS
52.93
63,12
48.05
N16'41'02-E
51.39
C6
16.84
59.42
16.24
N14SW44-0
15-78
C7
10.28
84- 0
7.01
N1611a'1rE
1a27
c8
101.96
237.33
24.57
S81'09'311_
1101.20
C9
69.59
215.OD
M55
S84'19'11'E
69.29
C10
3&82
215,00
10.35
S6952'26-E
3&72
c11
44.17
25,02
10134
51T01'46T
3&65
C12
1&5D
2-N%00
4.02
S66'42'WE
16.50
C13
26-37
SaOO
3022
S79'43'40%
26.07
C14
52-79
90.00
33.61
N16'4r54•E
52-03
Cis
11.50
60-00
lose
N26106"4D'E
11-48
C16
23-93
50.OD
27.42
N36`19'47E
23,70
C17
19.25
50,OD
22-06
N6113.405 £
19.13
cis
3151
too_Do
1&63
N62'47'02'E
32-37
C19
27.58
50.00
3151
N6916'23'E
27.24
C20
57.67
240.00
13.77
1446.35'ISt
57.53
C21
45-21
2&00
92.52
1 N310.2Tw
40.46
Cn
3a37
2&0D
7S52
NW41'4119
3&44
C23
56.85
85.00
30.32
1 S7112'23"w
5&86
C24
56-50
65-00
N6577'58'E
54.74
C25
21.31
8&30
Na2'43',119
21.26
C26
7a49
8&3o
f1515r43.111
n.39
C27
87.26
6e.71
N537]9'll•w
81.52
Lap
19.47
2&06
[24
N7D't0'5911!
19.09
CM
t6.89
40.00
X7734'►01:
16.77
C32
871-44-03•W
46-00
C33
Nt31Y37-E
30.is
C34
$419427-99
S8111'407E
4131
C35
0.76
N65r16'3G W
33,67
C36
90-00
N"'57'23E
39.56
C37
7.49
N2422'20•9
4t.54
c36
M-02
4aO0
50.01
S30'36'06•E
33.82
C36
2495
85.29
1s.7fi
562i2'S4"E
24,86
C40
40.24
6p-oe
3&42
NSS'3r091r
39-49
C41
69.89
65.29
61-33
N39'St'O5'w
66.60
C42
40.43
85.29
27.16
S4a-45'21%
40.06
C43
26.78
65.z9
17.99
5161o'S11=
2&52
C44
5711
64,95
50.47
1 S.'WZ WE
55.38
C45
74.47
91.41
4&66
53474•07'E
72.42
C46
3&23
290.00
7.55
S553d,3'E
3&20
C47
40.67
310.00
7.55
55 MOU
40.54
L46
41.BD
14016
17.02
S66J6'54"E
41.65
CAD
3&20
160.00
13,65
558".r•1011:
3&10
C50
47.92
160.00
17.16
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47-74
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33.55
140-OD
13.73
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33.47
C52
30.45
7A01
6130
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49,06
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100-43
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3,47
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4.97
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3-47
PLAT NOTES
I. RESTRICTIVE COVENANTS T ALL LDi540 0�E 7" E9 SUB•1E T tU Rt51ttIC11 D
COVE2iANTS RECORDED AT ENTRY # Pg THE LAND
RECORDS OF GRAND COUNTY.
2. PERMiJM USES - THE PERMITTED USES FOR ALL LOTS SHALL BE THOSE ALLOWED BY THE
UNDERLYING ZONING DESIGNATION, CURRENT OR AS MAY BE ADOPTED IN THE FUTURE~
SUBJECT HOWEVER TO THE RESTRICTIVE COVENANTS REFERENCED IN NOTE 1 ABOVE.
3, BUILDING SETBA= - ALL LOTS ARE SU6.ECT TO BUILDING SETBACK LINES AS DEPICTED
HEREON. WHERE SHOWN, SETBACK LINES ARE .TYPICALLY 10 FT. FROM PROPERTY LINE
UNLESS NOTED OTHERWISE. THE SETBACK CONDITIONS ARE ESTABLISHED BY THIS P.U.D.
AND THEY AMEND THE STANDARD SETBACKS OF THE UNDERLYING ZONE DISTRICT. CURRENT
OR AS MAY BE ADOPTED IN THE FUTURE. THE SETBACK LINES SHAH APPLY TO THE
PRIMARY STRUCTURE ON EACH LOT ONLY. ACCESSORY STRUCTURES MAY BE CONSTRUCTED
WITHIN SETBACKS PROVIDED THAT THEY MEET THE FIRE SEPARATIOI"I/RESISTANCE
REQUIREMENTS BY THE BUILDING CODE IN FORCE AT THE TIME OF CONSTRUCTION.
a?LtIAl gF(XjiEEMENT5 APPLICABLE TO TWO-EAMILY USETHE FOLLOWING PAIRS OF
LOTS ARE INTENDED FOR TWO-FAMILY STRUCTURES WITH DIVIDED OWNERSHIP.
"TWIN -HOMES". (LOTS 2 dt 3, 7 dr 8. 15 d1: 17, 21 & 23, 22 8t 24, 28 & 30, 29 & 31,
AND 37 & 39) ALL TWO-FAMILY STRRCTURES SHALL HAVE A COMMON WALL THAT RUNS
WITH THE INTERIOR LOT LINE. IN THE EVENT THAT THE INITIAL BUILDER WISHES TO MOTE
THE INTERIOR BOUNDARY FROM WHAT IS SHORAN HEREON, A LOT -LINE
ADJUSTMENT/EXCHANGE OF TITLE SHALL BE APPROVED AND RECORDED PRIOR TO THE
ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
4. BUILDING AREA & HEiQHT - BY VIRTUE OF THIS P.U.D., THE BUILDING AREA AND HEIGHT
REQUIREMENTS OF THE UNDERLYING C3TY ZONING ARE HEREBY AMENDED TO THE LOT
SPECIFIC AREA AND HEIGHT REQUIREMENTS STIP LATED IN THE RECORDED COVENANTS
REFERENCED IN NOTE 1 ABOVE, PROVIDED THAT ANY AREA AND HEIGHT REQUIREMENTS
ESTABLISHED BY THE BUILDING CODE IN FORCE AT THE TIME OF CONSTRUCTION SHALL ALSO
APPLY IF SUCH REQUIREMENTS ARE MORE RESTRICTIVE THAN THE COVENANTS.
Y DEDICATED AS COMMON
ARE HEREBY
C DEPICTED HEREON
TRACTS B dt EP
SPACE GTS OPEN A, , 5.
OPEN SPACE PARCELS INTENDED FOR THE USE OF THE RESIDENTS OF MULBERRY GROVE -
USE BY OTHERS SHALL BE SUBJECT TO THE APPROVAL OF THE MULBERRY {MOVE HOME
OWNERS ASSOCIATION. TRACT A IS FURTHER RESTRICTED BY PROVISIONS OF A PERMANENT
CONSERVATION EE7NT IN FAVOR OF THE CITY OF MOAB RECORDED AT ENTRY #-YMM
BIt L(p - Pg. V35 IN THE LAND RECORDS OF GRAND COUNTY. TRACTS B & C ARE
FURTHER RESTRICTED BY A PERMANENT CONSERVATION EASEMENT IN FAVOR OF UTAH OPEN
LANDS RECORDED AT ENTRY #483235, Bk 716. Pg 435-512 IN THE LAND RECORDS OF
GRAND COUNTY.
6. ACCESS - ALL LOTS ARE HEREBY GRANTED LIMITED ACCESS OVER AND ACROSS TRACTS A.
D, E-, AND F DEPICTED HEREON. SUCH ACCESS SHALL BE LIMITED TO USES EXPRESSLY
PERMITTED IN THE COVENANTS REFERENCED IN NOTE 1 ABOVE.
7. EASEI&LbLIS - ALL EASEMENTS DEPICTED HEREON HAVE BEEN ESTABLISHED BY MEANS OF
SEPARATE EASEMENT GRANT DOCUMENTS RECORDED IN THE LAND RECORDS OF GRAND
COUNTY AND EACH EASEMENT SHALL BE SUBJECT TO THE TERMS AND CONDITIONS
STIPULATED IN THE RESPECTIVE RECORDED EASEMENT GRANT.
7.1 PUBLIC UTIUTY EASEMENTS - A PUBLIC UTILITY EASEMENT FOR ALL PUBLIC UTILITIES
WITH THE EXCEPTION OF CULINARY WATER, IRRIGATION. AND SEWER IS HEREBY
CREATED AS FOLLOWS:
A) ACROSS THE FRONT 10 FT. OF ALL LOTS AS SHOWN HEREON; TOGETHER WITH
B) ACROSS TRACT F IN ITS ENTIRETY, TOGETHER WITH
C) A MOVEABLE EASEMENT ACROSS TRACTS A. D. d1: E. SAID MOVEABLE EASEMENT
SHALL 10 FT. IN WIDTH, 5 F-T. !OTHER SIDE OF THE UTILITY ONCE INSTALLED.
7.2 WATER do SEWER EASEMENTS - AN EASEMENT FOR THE OPERATION AND MAINTENANCE
OF WATER AND SEWER MAINS IS HEREBY CREATED AS FOLLOWS:
A) ACROSS TRACT F IN ITS ENTIRETY, TOGETHER WITH
B) A MOVEABLE EASEMENT ACROSS TRACTS A. D. do E. SAID ESMT. SHALL BE 20
FT. IN WIDTH, 110 FT_ EITHER SIDE OF THE UTILITY CENTERLINE ONCE INSTALLED_
8. EL"_HAZARQ AREAS - THE FLOOD HAZARD AREAS DEPICTED HEREON REPRESENT THE
F.E.M.A. DESIGNATIONS OF SAME AS OF THE DATE OF THIS PLAT. IN THE EVENT THAT
F.E.M.A. MODIFIES THE BOUNDARIES IN THE FUTURE, THE MODIFIED BOUNDARIES SHALL THEN
APPLY. ALL LANDS THAT FALL WITHIN THE FLOOD HAZARD AREAS ARE SUBJECT TO
BUILDING RESTRICTIONS ESTABLISHED BY THE. NATIONAL FLOOD INSURANCE PROGRAM (NFIP).
9. COMMON FAQ1 ITIFS -- ALL FACILITIES LOCATED IN THE COMMON AREAS (TRACTS A, B, C. D,
E. d1: F) SUCH AS; PARKING AREAS, TRAILS, LANDSCAPING, FIRE ACCESS ROUTES, AND
UTILITIES NOT EXPRESSLY ACCEPTED BY ANOTHER ENTITY SHALL BE OWNED AND
MAINTAINED BY 1W MULBERRY GROVE HOME OWNERS ASSOCITATION AND ITS SUCESSORS
OR ASSIGNS.
10. _STREETS - THE PARKING AREAS & ACCESS ROUTES THAT SERVE THE LOTS
DEPICTED ON THIS PLAT HAVE NOT SEEN CONSTRUCTED TO PUBLIC STREET STANDARDS
AND DO NOT HAVE THE NECESSARY RIGHT-OF-WAY WIDTH TO BE IMPROVED TO PUBLIC
STREET STANDARDS IN THE FUTURE- THEREFORE. THE MAINTENANCE OF SAID IMPROVEMENTS
SHALL REMAIN THE SOLE RESPONSIBILITY OF 714E MULBERRY GROVE HOME OWNERS
ASSOCIATION AND ITS SUCESSORS OR ASSIGNS.
WATER & SEWER AUTHORITY
APPROVED AS ,T,Q AVAILABLE! OF WATER AND WER
SERVICES THIS �_ DAY OF A.Q. 2OI
CITY PLANNING DIRECTOR
APPROVED AS TgOMPUANC£ WITH CITY LAND USE
ORDINANCES THIS DAY OF A.D. 2014THIS
CITY PUBLIC WORKS
APPRY AS TO AD QUACY OF STREETS AND DRAINAGE
DAY OF A.D. 204V
CITY ENGINEER
APPR VED AS TO ACCURACY THIS DAY OF
A.D. 20"
CITY ATTORNEY
APPROVED 5 TO FORM THIS DAY OF
A.D. 0�
CITY PLANNING COMMISSION
APPRg11E Y ACTION F CITY PLANNING COMMISSION
THE DAY OF A.D. 2OJQ$
-
A
BY,
TITLE: _ IMAR OL
A&4:6
C1 N G DIRECTOR
P WORKS I ECTOR
.
CITY ENGINEER
r r
ATTORN
AIRMAN, CITY P NING COMMISSION
REPRESENTING: G W SSA
SURVEYOR'S CERTIFICATE
1, TIMOTHY At_ GH DO HEREBY CERTIFY THAT I AM A REGIS OFESSIONAL LANs]
SURVEYOR AND THAT I HOLD UCENSE NO. 171004 PRESCRIBED UNDER E LkwS OF THE STATE
OF UTAH. I FURTHER CERTIFY THAT BY AUTHORIT'f OF THE OWNERS, I HAVE MADE A SURVEY OF
THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW.
TIMOTHY M.
%4
BOUNDARY DESCRIPTIO
I♦1
A PARCEL OF LAND WITHIN THE NW Y4 SECTION 7, T 26 S.
R
22 E, SLBM, MOAB CITY,
GRAND COUNTY, UTAH, MORE PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF THE NWY OF THE NWY4
OF
SAIC SECTION 7, SAID
POINT BEARS WITH THE NORTH SECTION LINE S89'48'00"E 1311.2
FT
FRIN THE NW CORNER
OF SAID SECTION 7; AND PROCEEDING THENCE S3'00'05'E 93.00
NCE S75'14'00"E
396.50 FT. TO THE NW CORNER OF THE GOUGH PROPERTY, THO
CE
MR THE WEST LINE OF
GOUGH S24.19.00-E (RECORD=S24'30'E) 453.50 FT., THENCE S3
9
0" 8.50 FT. (RECORD
TO AN ANGLE POST IN A CHAIN LINK FENCE), THENCE SO.08-29'
(
EC(RD = SO'O9'W)
125.62 FT. TO THE NW CORNER OF LOT 12, HECLA SUBDIVISION,
THENCE
SO`11'00"W (RECORD
= SOUTH) 191.00 FT. TO A CORNER, THENCE S81'43'OO"W 577.0
. ( CORD = 577.1 FT.)
TO A POINT ON THE EAST LINE OF THE NW Y4 OF THE NW Y4 OF
SAD
CTION 7, THENCE
WITH SAID EAST UNE SO'07'00"W 30.11 FT. TO THE SE CORNER
OF
TRAIT A. MULLBERRY
LANE SUBDIVISION, AMENDED. THENCE WITH THE SOUTH UNE OF
SAI
CT A. WEST 294.20
FT. TO THE SW CORNER OF SAID TRACT A. THENCE NORTH 529.10
. ( ECORD = 529.3
FT.) TO THE NE CORNER OF LOT I OF MULLBERRY LANE SUBDIVIS04,
AMENDED, THENCE
WITH THE NORTH UNE OF SAID LOT 1 WEST 246.87 FT. (RECORD
-
247 2 FT_) TO THE NW
CORNER OF LOT 1, THENCE NORTH 516.59 FT_ TO THE NW CORN
R
AID TRACT A. SAID
POINT BEING LOCATED ON THE NORTH SECTION LINE OF SAID SE
11
THENCE WITH SAID
SECTION UNE S89'48'00"E 543.20 FT. TO THE POINT OF BEGINNI
G
AND CONTAINING 19.8
ACRES MORE OR LESS.
f
BASIS OF BEARINGS IS THE MONUMENTED WEST LINE OF T#jIE
w SEC11ON 7, T 26 S,
R 22 E. SLEIM WHICH HAS A RECORD BEARING OF NO-02r10"E.
OWNER'S DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT WE, ALL OF THE k EMBERS OF
MULBERRY LANE COMMUNITY LL.C, THE OWNER OF THE kBOVE DESCRIBED TRACT
OF LAND, HAVING CAUSED SAME TO BE SUBDIVIDED INTO OT , TRACTS. AND
EASEMENTS TO BE HEREAFTER KNOWN AS:
MULBERRY GROVE
DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PU LI Al PARCELS OF
LAND SHOWN ON THIS PLAT AS INiETED FOR PUBLIC USE.
IN WITNESS WHEREOF WE HAVE HEREONTO SET OUR HAND TH DAY OF
]n�nuw�r A.D. 20 I$
MULBERRY LANE COMM—)(C
Win,
Peter Q. owson, Member Anne L Wilson, Member Sus A- H in Member -
I
flou o1s K_ Jon Member ichelle L 5t J44 to ember Donl B.'Ste4ta. Member
ACKNOWLEDGMENT
ON THE .- DAY OF 20P-J� A.D. PERSOP14LY PPEARED BEFORE
ME, THE UNDERSIGNED NOTAR PUBLIC, THE SIGNERS 00 VHE ABOVE OWNER'S
DEDICATION (6) IN NUMBER, WHO DULY ACKNOWLEDGEC tO M THAT, ON
BEHALF OF OWNER, THEY SIGNED IT FREELY AND VOLU -1RIL AND FOR THE
USES AND PURPOSES THEREIN MENTIONED.
County of Grand }
r � Mil
� 714. r,„.p.. c,4l57 i471
State Of Utah }• _• y �•4 ..�
MY COMMISSION EXPff uw S U
D ANIELU GUaft ip
swami RESIDING IN:�
My Camel. EvOnJul25. =
217 E C-W so Una UT ftma ,#I
i
PLAT PREPARED BY:
Mulberry Lane Community, LLC
472 TUSHER STREET
MOAB, UT 84532
PH: (435) 259--7-151 DATE: 1/06/
OWNER/�EVELOP
MULBERRY LAN COMMUN
SUBDIVISION NAME &
MULBERRY GRQ
NW Y4 SECTION 7, TOWNSHIP 26 SOPIK
RANGE 22 EAST, SLMB, GRAND COUN UT
GRAND COUNTY RECORDE
STATE OF UTAH, COUNTY QF GRAND, RECORDED AT SPACE M F1
THE REQUEST OF:
�1aEnt 44
DATE: 01-4- bP TIME at4*1 FEE: 7g ' " Date; 465
-I B 20
ENTRY: 4/LVq%T Bk Q� Pg _ Fee: $78. T he
Filed By: 'Mm
I'IERLENE M1 SH R
Wi�4 GRAND COUt TY CO
D COUNTY RECORDER For: STEM A IC
RECOPI R'S STAW
O Pg 253
11:06HM
LTON Recv•rder
ORATION
LLE
SURVEYOR'S CERTIFICATE
iP2I
ffUl-LOERRY LANE SURPINTS102K AMENDEIJ
I NW GARNER SECTION 7,
T 26 S, R 22 E, SLB & M
4 S 89'48' E 768.0
LLJf MULLBERRY LAN E
EXISITNG 16.5 FT. WADE PRIVATE RIGHT-OF-WAY
co
w
a�
0
I
�I
to
a m
a
CA
Q
w
m i
D
1
o
m .
C�
0
z
WEST 1 /4 CORNER SECTION 7,
T 26 S. R 22 E, SLB & M
GRAPHIC SCALE
50 100 200
(INSET)
1 inch = 100 ft.
400
A RECONFIGURATION OF THE MULBERRY LANE SUBDIVISION
IN THE
NW1 /4 NW1 /4 SECTION 7, T 26 S, R 22 E, SLB & M,
GRAND COUNTY, UTAH
20 FT. WIDE ACCESS
UTILJTY EASEMEN
NORTH LINE NW1/4 NWI/4 SECTION 7, T 26 S, R 22 E. SLB & M
WEST 541.4'
SOUTH LINE OF PARCEL FROM HOLYOAK TO YOUNG (1919)
NE CORNER NWS/4 NW1/4
SECTION 7, T 26 S, R 22 E, SLB & M
CR EEjC
creq� e _T
L E G E N D
FOUND 5/8" REBAR WITH PLASTIC CAP
SET BY THIS SURVEYOR IN PREVIOUS SURVEY
_0� FOUND GOVERNMENT MONUMENT
Sate'5 �_ aje- 9 it ata
Fee: 34.04 Check
MERLENE MOSHER, Recorder
Filed Byy MMt
For MIGAEL SMITH
GkAND COUNTY CORPORATION
1, TIMOTHY M. KEOGH , DO HEREBY CERTIFY THAT I AM A REGISTERED
UTAH LAND SURVEYOR, AND THAT I HOLD CERTIFICATE NO. 171444 AS
PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH, AND 1 FURTHER
CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY
OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND
HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS, HERE-
AFTER TO BE KNOWN AS MULLBERRY LANE SUBDIVISION AMENDED
AND THAT SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE
GROUND AS SHOWN ON THIS PLAT.
BOUNDARY DESCRIPTION
A DESCRIPTION OF MULLBERRY LANE SUBDIVISION IN THE NW1 /4 NW1 /4 SEC-
TION 7, T 26 S, R 22 E, SLB & M, MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
BEGINNING AT A POINT ON THE NORTH LINE NW1/4 NW1/4 SECTION 7,
SAID POINT BEARS S 89' 48'E 768.0 FT. FROM THE NW CORNER SECTION 7,
T 26 S, R 22 E, SLB & M, AND PROCEEDING THENCE WITH SAID SECTION
LINE S 89`48'£ 543.2 FT. TO THE NE CORNER NW1/4 NWi/4 SAID SECTION
7, THENCE WITH THE EAST LINE NW1/4 NW1/4 SAID SECTION 7 S 0' 07'W
1043.8 FT. TO A CORNER, THENCE WITH THE SOUTH LINE OF GREEN ( AS
DEEDED FROM HOLYOAK TO YOUNG IN 1919 ) WEST 541.4 FT. TO A CORNER,
THENCE WITH THE WEST LINE OF GREEN & SMITH (AS DEEDED FROM HOLYOAK TO
YOUNG IN 1919) NORTH 1045.8 FT. TO THE POINT OF BEGINNING AND CON-
TAINING 13.01 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE WEST LINE NW1 /4 SECTION 7 (BEARING
FROM VALLEY CONTROL= N Cr 02'E).
Z'e_le� z z_ 40®
DATE
1*1#mw`Ir1mk1
&- _ 71o44
OGH ly- IMOTHY M.
KEOGH
�•r9
�s OF
OWNERS DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT LW- , THE UNDERSIGNED
OWNER(S) OF THE ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED
SAME TO SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE
KNOW AS THE
MULLBERRY LANE SUBDIVISION, AMENDED
DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS
OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE.
IN WITNESS WHEREOF "If HAVE HEREUNTO SET 061-- L/-IS THIS
j ST- DAY OFA4gaj�7-A.D., 2000
m f(�W*it- t�l Sr�t r T
.. l a
ACKNOWLEDGMENT � • �.
Y.:
STATE OF M+AH i OLOPADO
COUNTY OF S.S._��
sp ON THE DAY OF kOGJA
A.D., 20 CC PERSONALLY
APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR
THE COUNTY OF +rl + IN SAID STATE OF co fW%IGNER(5) OF
THE ABOVE OWNERS DEDICATION, 0-- IN NUMBER, WHO DULY ACKNOW-
LEDGED TO ME THAT SIGNED IT FREELY AND VOLUNTARILY
AND FOR THE USES AND PU POSES THEREIN MENTIONED.
MY COMMISSION EXPIRES _ �3.:.�'��-��
OTARY PUBLIC J,
RESIDING IN COUNTY
12+4-le- of GJova"16
PREPARED BY
I��'OCH jjyvD,SURI�EYINC
4.5 E,-ST CEENTEi4? 5lrRZET
A10A,9,, UT,-H 84532
DATE: 6-22-00 BAR--M.DWG
DRAWN BY: TMK CHECKED BY:
PUBLIC WORKS APPROVAL
PLANNING COMMISSION CERTIFICATE
CITY ENGINEERS APPROVAL
CITY COUNCIL APPROVAL
COUNTY RECORDER NO.
APPROVAL AS TO FOR
APPROVED THIS f DAY OF A.D. 2Q v^L/, BY
APPROVED THIS �1 `"� DAY OF ��_ C. }L- A.D. 20 _BY
I HEREBY CERTIFY THAT I HAVE HAD THIS PLAT AND SAID TRACT
PRESENTED TO THE `
THIS DAY OF A.D. 2019a SUBDIVISION
STATE OF UTAH, CO. OF Gr'nnc� ,RECORDED AT THE REQUEST OF
Ike tj W._ `L�A_ 101"m No- V-671yir
APPROVED,AS TO FORM TH15 DAY OF�Iy
A.D., 20 �J
PLANNING COMMISSION
AS STAKED EXAMINED BY THIS OFFICE AND IT IS CORK CT AND IN
ACCORDANCE WITH INFOR N ON FILE IN OFFWAS
ACCEPTED AND PP OVER.DATE�l�
Ap
�� T1ME � BOOK•5`� PAGE �3? FE£ �ZZ
*-QQATTEST
;P:�
Lad
CHA MAN PLANNING COMMISSION
DATE
COUNTY'RECORDER
ATTORNdY
0tv M M�1' �' 0i
NVJO�1� "�p
w-1 U-0
�Ujlj
To: Moab Governing Body
From: David Olsen
CC: Donna
Date: August 4, 2011
RE: Contract modification for Lions Park
The attached modification is to extend the contract time period to August
26, 2011 for Psomas Engineers to complete the Lions Park design work
(Phase IV - Construction Document/Contruction Phasing Submittal & Review
and Phase V - Construction Management Budgeting).
We (City of Moab representatives) asked Psomas to delay working on the
last two phases of the design work until the City and County worked out the
Highway 191 and SR 128 rights -of -way issues with UDOT. The proposed
improvements to Lions Park, Transit Hub, Underpass, and SR 128 Path
require access and encroachment permits from UDOT. UDOT needed some
time to review a traffic study conducted for the SR 128/Hwy 191 intersection
and to determine their future roadway needs for the area. The design work
for Lions Park had to wait for UDOT to make decisions concerning their
future rights -of -way width needs. On July 20th, City and County
representatives met with UDOT personnel in Richfield to work out many of
the details of the proposed projects. Horrock's Engineers, representing
Grand County, have also been working close with UDOT and adjusting
designs to get UDOT's blessing for us to complete our proposed projects.
We now have UDOT's blessing to go forward with our designs. The Lions
Park design only needed some minor adjustments and Psomas is now
completing the last two phases of the contract.
4-1
Page 11 of 110
Modification #2
to
Cooperative Agreement #H1341090902
between
The United States Department of the Interior
National Park Service, Southeast Utah Group
and
The City of Moab
This Cooperative Agreement (hereafter Agreement) is hereby modified as follows. This is a no cost,
date -only extension for specified Phases IV and V:
ARTICLE VI - AWARD AND PAYMENT
The NPS will award funds to the City on a reimbursable basis, based on the following estimated phases
of work, not to exceed a total of $99,000:
Phase I - Schematic Plan Review - $24,240
Phase II- Preliminary Design Development Submittal and Review - $29,910
Phase III- Final Design Development Submittal and Review-$22,650
Phase IV - Construction Document/Construction Phasing Submittal and Review-$20,380
Phase V - Construction Management Budgeting - $1,820
Standard Form 270 (SF-270), Request for Advance or Reimbursement, shall be completed by the City of
Moab and submitted to the attention of Penny Jones, Agreements Coordinator, at the address mentioned
in Article V, for reimbursement on phases identified.
ARTICLE IX - REPORTS AND /OR DELIVERABLES
Deliverables - The City will share with the NPS all products completed after each contracting phase:
Phase I - Schematic Plan Review — June 30, 2010
Phase II - Preliminary Design Development Submittal and Review — September 24, 2010
Phase III - Final Design Development Submittal and Review — March 31, 2011
Phase IV - Construction Document/Construction Phasing Submittal and Review — August 26, 2011
Phase V - Construction Management Budgeting — August 26, 2011
The deliverable dates will be based on the contract awarded with input from the City, selected
Consultant and NPS RTCA.
All other provisions of the Cooperative Agreement with the last date of September 10, 2009, and dates
for Phases I through II of Modification #1, remain unchanged. The parties hereto have executed this
Modification #2 on the last date set forth below.
Page 12 of 110
Modification #2
Cooperative Agreement #H1341090902
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto executed this Modification on the date(s) set forth below.
For the National Park Service:
William Spigel, Contracting Officer Date
Kate Cannon, Superintendent Date
For the City of Moab:
Donna Metzler, City Manager
David Sakrison, Mayor
Attested by: Rachel Ellison, City Recorder
Date
Date
Date
Page 13 of 110 4-1
WYPP
ACity of Moab
Planning and Zoning Department
Moan Correspondence
PL-II-201
August 2, 2011
Memo To: Honorable Mayor and Members of the Moab Council
From: City Staff
Subject: Review and Approval of the Preliminary Plat for the Mill Creek
Village Planned Unit Development as Submitted by Andrew Riley
and Referred to Council by the Planning Commission
Background
Mr. Riley has applied to develop a 19-lot residential planned unit development on 8.32
acres of land located in the RA-1 and R-2 Zones. On July 14, 2011, the Planning
Commission began the public hearing as required in Code Section 17.66. Subsequently,
the Commission voted on July 28 to conditionally approve the preliminary plat and
favorably recommend it to Council.
The attached Planning Commission memos, technical review, drawings and draft
CC&R's are included for Council's information and were reviewed by the Commission in
determining:
(1) That the submittal documents satisfy the code,
(2) That the proposal complies with the requirements for a planned unit
development.
Additionally, Chapter 17.66.110 spells out specific findings of fact that the Commission
felt were met:
The proposed development will provide a more pleasant and
attractive living environment than a conventional residential
development,
2. That the proposed development will create no detriment to
adjacent properties nor to the general area in which it is located;
and that it will be in substantial harmony with the character of
existing developments in the area,
3. That the project will provide more efficient use of the land and
more usable open space than a conventional development
permitted in the surrounding area,
4. That increased densities allowed within the proposed planned unit
development will be compensated by better site design and by the
4-2
Page 14 of 110
Moab City Council
PL-II-20I
August 3, 2011
Preliminary Plat
Mill Creek Village PUD
provision of increased amenities and recreational facilities, and
5. That the development will not create increased hazards to the
health, safety or general welfare of the residents of the proposed
planned unit development or adjacent areas.
With the 4-0 adoption of Planning Resolution, 12-2011, the Commission also established
two conditions that must be satisfied by the developer:
(1) The applicant shall work with the city to establish a trail easement;
(2) The city attorney will clarify the issue of the Powerhouse Lane right-of-way.
According to Code Chapter 17.66.150, Final plan and approval, once the preliminary
plan has been approved by Council the final plan shall be submitted to the Planning
Commission for review and approval. The application will then be referred from the
planning commission to Council for final approval.
After the preliminary plan has been approved by the city council, the petitioner
shall submit five prints of a final plan to the planning commission through the zoning
administrator for approval. The final plat will then be returned to Council with the
Planning Commission's approval.
Alternatives
In its action, Council can:
1) Approve the preliminary plat with the conditions of the Planning Commission
2) Approve the preliminary plat and add conditions to those identified by the
Commission;
3) Vote to not approve the preliminary plat and state their reasons;
4) Table the ordinance in order to satisfy any need for additional information.
pAplanning department\\2UII\correspondence\pl-II-20I cc prel plat mcvpud.docx
Page 2 of 2
4-2
Page 15 of 110
STY O�y+
City of Moab
y�y Planning and Zoning Department
MO,A�B Correspondence
July 7, 2011
Memo To: Members of the Moab Planning Commission
From: Planning Staff
PL-II-186
Subject: Review of the Preliminary Plat for Mill Creek Village Planned Unit
Development (P.U.D.), on Property Located in the RA-1 Zoning District as
Submitted by Andrew Riley and Approval of Planning Resolution No. 12-
2011
BACKGROUND
Mr. Andrew Riley as owner of a tract of land 8.82 acres in size, has applied to develop Mill
Creek Village, a 20-Lot Planned Unit Development (PUD). The property is located at 1337
Powerhouse Lane in the RA-1 Zoning district. There is a proposed private street, Dream Drive,
which loops through the property providing primary access for the lots. An area of approximately
3.49 acres (or 41.5%) is set aside as common area/open space and storm water detention
areas. Only 4.44 acres will be developed as building sites. Trails to access the creek and other
areas of the property are indicated on the plat.
Lot sizes range from 4,504 square feet to 13,465 square feet in area. The lots will be a mixture
of predominantly single family dwellings but mixed with duplex/townhome lots and a couple of
deed restricted affordable housing properties.
DISCUSSION
Chapter 17.66 contains the criteria for planned unit developments. 17-66.030, states that:
1. Large- scale planned unit developments are allowed in all R-1, R-2, and RA-1 zoning
districts provided that the land has a minimum of five acres and is owned by one continuous
property owner.
2. The standard allowable density can not exceed six dwellings per acre, up to a maximum
of eight units per acre utilizing the additional open space alternative or the affordable housing
density bonus alternative.
3. At least forty percent of the gross area of the planned unit development must be retained
as permanent open space and parks, playgrounds, sidewalks, non -motorized pathways and
trails may be computed in the forty percent open space requirement.
Mill Creek Village satisfies these requirements of the code and is proposing a density less than
that allowed.
4-2
Page 16 of 110
Planning Commission
Mill Creek Village PUD
July 7, 2011
The applicant is not pursuing the open space or affordable housing density bonuses as allowed
in Chapter 17.66.030.
All of the proposed uses for Mill Creek Village are allowed under Chapter 17.66.040, Permitted
uses in a PUD. Staff used the criteria in Chapter 17.66.020 through 17.66.090 to evaluate the
application and the form of the development for completeness and adherence to the design
requirements.
Staff's review generated detailed statements that were conveyed to the applicant early in the
review process that are attached as exhibits. The application is complete for review of a
preliminary PUD.
A resolution will be generated subsequent to the meeting to accurately reflect the
comments/concerns of the Planning Commission.
ALTERNATIVES
1) The Planning Commission as the Land Use Authority can approve Resolution No. 12-
2011 thus approving the preliminary plat for the PUD as submitted;
2) The Commission can approve the preliminary plat through the approval of Resolution
No. 12-2011 and state any necessary conditions;
3) The Commission can vote to not approve the PUD and state their reasons;
4) The Commission can table the hearing until a later date and request additional
information.
pAplanning department\20II\correspondence\pl-II-188 mill cr villagepud.dou
4-2
Page 17 of 110 . .
17.66.030 Large scale planned unit developments.
Large scale planned unit developments will be allowed in all R-1, R-2, and RA-1 zoning
districts provided that a parcel has a minimum of five acres and is owned by one continuous
property owner. The standard allowable density shall be six dwellings per acre, up to a maximum
of eight units per acre utilizing the additional open space alternative or the affordable housing
density bonus alternative. At least forty percent of the gross area of the planned unit development
shall be retained in permanent open space. Parks, playgrounds, sidewalks, noninotorized
pathways and trails may be computed in the forty percent open space requirement. Land
proposed to be devoted to vehicular streets or roads, parking, and driveways, shall not be
included in the computation of open space, park or playground areas.
A. Additional Open Space Alternative. For large scale planned unit developments,
the planning commission may approve a density bonus over and above the standard density
otherwise allowed if the petitioner increases the percentage of open space provided in the
development according to the following formula:
% of Area Used as Open
Bonus Units to be Used for
Space
O en S ace
Over 50% open space
1 additional dwelling unit
(7 maximum)
Over 60% open space
2 additional dwelling units
(8 maximum)
The petitioner shall enter into an agreement with the city ensuring that the area remain in
open space for set period of time agreeable to the city, and shall provide any other insurance
required by the city to guarantee that the intent of the ordinance codified in this chapter is
achieved.
B. Affordable Housing Bonus Density Alternative. The planning commission may
approve additional units per acre over and above the standard density otherwise allowed in a
planned unit development if the petitioner increases the number of affordable housing units
according to the following formula:
% of Area Median Income
Bonus Units to be Used for
Affordable Housing
60
2 out of 8 dwelling units
80
3 out of 8 dwelling units
C. Every affordable housing unit shall be sold or conveyed pursuant to a deed
restriction (covenant) containing the following requirements:
The purchaser must qualify with verified income meeting affordable
housing guidelines;
2. Each unit must be owner -occupied for at least the first five years, and no
individual shall be entitled to own more than one affordable unit;
Page 18 of 110 4-2
3. Appreciation in value over purchase cost of each residential unit shall be
capped at four percent per annum;
4. The city shall be designated as a necessary grantor in every conveyance of
an affordable housing unit;
5. Leasing shall be permitted no sooner than five years from the date of
purchase, with lease rates being no greater than the amount of the monthly
first mortgage payment, plus ten percent; and
6. The city shall be designated as a third -party beneficiary entitled to enforce,
enjoin, or seek damages for violations of the deed restrictions.
D. The city may require additional deed restrictions to affordable housing units
incident to approval of the final plat/plan to the extent dictated by the attributes of
the particular development, lender requirements, or state or federal regulations.
(Ord. 99-06 (part), 1999)
17.66.040 Permitted uses.
The following uses shall be permitted in a planned unit development:
A. Single-family dwellings;
B. Townhouses;
C. Modular homes;
D. Rest homes;
E. Golf courses;
F. Swimming pools;
G. Recreation buildings;
H. Parks and playground facilities;
I. Churches;
J. Schools;
K. Similar facilities, for use by only the occupants of the development or the public -
at -large as the planning commission deems appropriate.
(Ord. 99-06 (part), 1999: Ord. 94-04 (part), 1994: prior code § 27-23-3(C))
Page 19 of 110 4_2
17.66.050 Standards and requirements.
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
units. All nonpaved driveways and parking areas shall be approved by the public works director.
(Ord. 07-01, 2007: Ord. 06-02, 2006: Ord. 99-06 (part), 1999: Ord. 94-04 (part), 1994; prior
code § 27-23-3(D))
17.66.060 Design standards.
Property development standards in excess of the minimums set forth in this section may
be imposed by the planning commission where it is determined that such increases are necessary
to ensure that the integrity and desirability of the planned unit development will be maintained.
A. Minimum Design Standards.
Setbacks shall be maintained along the peripheral property lines of the
planned unit development which shall be at least equal to that required by
the zone on the property immediately adjacent thereto;
2. In those instances where a proposed planned unit development will front
upon one or more existing streets, the setback from the street shall be
equal to that required by the most restrictive zoning on the property
immediately adjacent along the same street frontage;
3. Minimum right-of-way width shall be forty feet;
4. Minimum street width shall be thirty feet;
5. Minimum sidewalk width shall be five feet; and
6. Dead end streets shall not exceed four hundred feet in length and must
have a cul-de-sac with a minimum radius of at least fifty feet and a
diameter of eighty feet curb to curb.
(Ord. 99-06 (part), 1999)
17.66.070 Procedures generally.
Any person wishing to construct a planned unit development shall obtain from the zoning
administrator information pertaining to the city's plan of land use, streets, public facilities and
other requirements affecting the land to be developed. The petitioner shall then prepare plans and
obtain approval thereof as hereinafter set forth.
Page 20 of 110 4_2
(Ord. 99-06 (part), 1999: prior code § 27-23-2)
17.66.080 Vicinity plan and environmental analysis.
A. The design team shall prepare a vicinity plan which shows a simple sketch of the
major features of the development in relation to existing conditions and planned development
within one-fourth mile of the outside boundaries of the development and shall submit the same to
the zoning administrator, together with an environmental analysis. The plan may be a pencil
sketch or may be made directly on an aerial photograph.
B. The environmental analysis statement shall be prepared by an engineer, landscape
architect, land planner or other person qualified by training and experience to prepare such a
statement as determined by the planning commission, indicating and describing the measures
that will be taken with respect to the following:
1. Revegetation of cuts and fills and area which will be denuded in constructing the
planned unit development;
2. Prevention of fire and control of dust;
3. Prevention of the accumulation of weeds and debris;
4. Management of surface water and elimination of flood hazards; and
5. Reduction in the need for the allocation of public funds for upkeep and
maintenance of streets, water and sewer lines, landscaped areas, etc., within the
territory to be included in the development.
(Ord. 99-06 (part), 1999: prior code § 27-23-3(A))
17.66.090 Preliminary plan.
Upon approval of the vicinity plan by the zoning administrator, the petitioner shall then
prepare a preliminary plan and shall submit five copies of the same to the zoning administrator.
The plan must be submitted at least two weeks prior to the meeting of the planning commission.
An administrative fee as established by resolution shall accompany the preliminary plan. The
preliminary plan shall be drawn to a scale not smaller than one inch equals one hundred feet, or
as recommended by the zoning administrator, and shall show the following information:
Type of development;
2. Name of development;
3. Name and address of the petitioner; a current deed and an abstract of title or an
ownership and encumbrance report showing the record title holder and all liens
and encumbrances, affecting title;
4-2
Page 21 of 110 R
4. Name and address of the designer;
5. Position of all buildings and structures to be constructed in the development.
Also, the design of dwellings shall be shown, accompanied by estimates of the
cost to purchasers or renters;
6. Proposed parks, playgrounds, school sites, and other open spaces. Also, proposed
buildings and other facilities for the common use of the occupants or for the
public;
7. Facilities and services to be supplied by the petitioner or by the association and
the cost thereof to the occupants;
8. North point and scale;
9. Township, range, and section lines;
10. Zone boundary lines and zone designations;
11. Topography shown by contours at an interval no greater than two feet, except that
a greater interval may be permitted when specifically authorized by action of the
zoning administrator or authorized representative;
12. Boundary of the development including a legal description thereof;
13. Total acreage of the development;
14. Adjacent property ownership;
15. Preliminary subdivision plan showing layout of all proposed lots;
16. Proposed circulation pattern including private and public streets, sidewalks and
nonmotorized pathways and trails;
17. Typical street or roadway cross -sections;
18. Existing and proposed canals and waterways, public utility lines and easements,
etc.;
19. Proposed sewage disposal facilities;
20. Existing and proposed storm drains, bridges and other storm water management
measures;
21. The location and type of water sources. Such sources shall be shown either on the
preliminary plan or on an accompanying map drawn at a scale not smaller than
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Page 22 of 110 - -
one -inch equals two thousand feet. Appropriate supporting documents showing
that potable water will be available to the project in quantities as required by the
water superintendent, State Health Department, and fire marshal and that such
water will be made available to each dwelling site through a properly designed
distribution system shall be included as part of the preliminary plan;
22. Tentative location and size of water mains;
23. Tentative location of fire hydrants;
24. Location and size of sewers; and
25. Any other information which the zoning administrator or planning commission
considers necessary to enable the planning commission to determine whether or
not to recommend the plan to the city council.
(Ord. 99-06 (part), 1999: prior code § 27-23-3(B))
17.66.100 Preliminary documents.
The following documents shall be submitted along with the preliminary plan:
A. Proposed declaration of management policies, covenants and restrictions setting
forth the responsibilities and duties of the owners, renters or occupants within the
planned unit development;
B. In the event that the development is to be divided into two or more ownerships,
the document must provide for adequate control and maintenance of all phases of
the development;
C. An agreement between the petitioners and the city stating among other things:
That in the event of failure or neglect on the part of the owners, successors
or assigns to maintain the water and sewerage facilities, common areas,
landscaping and other improvements in good condition, the city may
perform the necessary work and may enter upon the land and do the work
and charge the cost thereof, including reasonable attorneys fees, to the
owners or their successors or assigns,
2. That the owners, successors or assigns will reimburse the city for all costs
which the city incurs in performing the necessary work,
3. That the petitioner will construct and maintain the project in accordance
with approved plans and in accordance with city standards,
4. That the terms of the contract shall be binding upon the heirs, assigns,
receivers and successors of the project for the life of the project or
4-2
Page 23 of 110 - . o .
buildings, and
5. Any other conditions that the planning commission deems to be
reasonably necessary to carry out the intent of this title.
(Ord. 99-06 (part), 1999: prior code § 27-23-3(E))
17.66.110 Planning commission actions.
Upon presentation of the preliminary plan and documents, the planning commission shall
either approve them as submitted or shall refer them back to the petitioner for one or more of the
following reasons:
A. The development has been found to be inconsistent with either this title or the
general plan;
B. The planning commission requires that certain specific changes be made within
the plans;
C. The plans or documents have not been completed;
D. Before approving the preliminary plan, the planning commission must make the
following findings:
1. That the proposed development will provide a more pleasant and attractive
living environment than a conventional residential development,
2. That the proposed development will create no detriment to adjacent
properties nor to the general area in which it is located; and that it will be
in substantial harmony with the character of existing developments in the
area,
3. That the project will provide more efficient use of the land and more
usable open space than a conventional development permitted in the
surrounding area,
4. That increased densities allowed within the proposed planned unit
development will be compensated by better site design and by the
provision of increased amenities and recreational facilities, and
5. That the development will not create increased hazards to the health,
safety or general welfare of the residents of the proposed planned unit
development or adjacent areas.
(Ord. 99-06 (part), 1999: prior code § 27-23-4)
17.66.120 Planning commission procedures.
Page 24 of 110
A. The planning commission may impose such conditions on preliminary
development plans as it may deem appropriate to meet the goals and objectives of this chapter, or
may disapprove a planned unit development which is found to be deficient in meeting the intent
of these provisions. Any such disapproval may be appealed to the city council by filing such
appeal with the zoning administrator within ten days after the decision of the planning
commission.
B. Any failure to submit a final development plan within one year of the approval of
the preliminary development plan shall terminate all proceedings and render the preliminary
development plan null and void.
(Ord. 99-06 (part), 1999: prior code § 27-23-5)
17.66.140 Public hearing.
The planning commission, shall after receiving all of the information and documentation
required by this section, hold a public hearing after proper legal notice.
(Ord. 06-01 (part), 2006: Ord. 99-06 (part), 1999: prior code § 27-23-7)
Page 25 of 110
A
4-2
A I
City of Moab
Planning and Zoning Department
Correspondence
MaAM
July 20, 2011
Memo To: Members of the Moab Planning Commission
From: Planning Staff
Pi-11.192
Subject: Continuation of the Public Hearing for the Preliminary Plat of Mill Creek
Village Planned Unit Development (P.U.D.), Located on Property in the
RA-1 Zone as Submitted by Andrew Riley, and Approval of Planning
Resolution No. 12-2011, Approving the Preliminary Plat
BACKGROUND
As noted in previous correspondence, Mr. Andrew Riley as owner of a tract of land 8.82 acres in
size, has applied to develop Mill Creek Village, a 20-Lot Planned Unit Development (PUD). The
property is located at 1289 Powerhouse Lane in the RA-1 Zoning district. There is a proposed
private street, Dream Drive, which loops through the property providing primary access for the
lots. An area of approximately 3.49 acres (or 41.5%) is set aside as common area/open space
and storm water detention areas. Only 4.44 acres will be developed as building sites. Trails to
access the creek and other areas of the property are indicated on the plat.
Lot sizes range from 4,504 square feet to 13,465 square feet in area. The lots will be a mixture
of predominantly single family dwellings but mixed with duplex/townhome lots and a couple of
deed restricted affordable housing properties.
The Commission requested staff to respond to the written comments and those have been
included in the attached Technical Review under Responses to Written Comments on page 6.
Also, please find an updated plat, updated CC&R's and an updated Narrative.
PROCESS
Upon presentation of the preliminary plan and documents, the planning commission shall either
approve them as submitted or shall refer them back to the petitioner for one or more of the
following reasonS(17.66.110 Planning commission actions):
A. The development has been found to be inconsistent with either this title or the
general plan;
B. The planning commission requires that certain specific changes be made within
the plans;
C. The plans or documents have not been completed;
UK
Page 26 of 110
z
D. Before approving the preliminary plan, the planning commission must make the
following findings:
1. That the proposed development will provide a more pleasant and
attractive living environment than a conventional residential development,
2. That the proposed development will create no detriment to adjacent
properties nor to the general area in which it is located; and that it will be
in substantial harmony with the character of existing developments in the
area,
3. That the project will provide more efficient use of the land and more
usable open space than a conventional development permitted in the
surrounding area,
4. That increased densities allowed within the proposed planned unit
development will be compensated by better site design and by the
provision of increased amenities and recreational facilities, and
5. That the development will not create increased hazards to the health,
safety or general welfare of the residents of the proposed planned unit
development or adjacent areas.
17.66.120 Planning commission procedures.
A. The planning commission may impose such conditions on preliminary
development plans as it may deem appropriate to meet the goals and objectives of this chapter,
or may disapprove a planned unit development which is found to be deficient in meeting the
intent of these provisions. Any such disapproval may be appealed to the city council by filing
such appeal with the zoning administrator within ten days after the decision of the planning
commission.
B. Any failure to submit a final development plan within one year of the approval of
the preliminary development plan shall terminate all proceedings and render the preliminary
development plan null and void.
Chapter 17.66 contains the criteria for planned unit developments. Specifically, 17.66.030,
states that:
1. Large- scale planned unit developments are allowed in all R-1, R-2, and RA-1 zoning
districts provided that the land has a minimum of five acres and is owned by one continuous
property owner.
2. The standard allowable density cannot exceed six dwellings per acre, up to a maximum
of eight units per acre utilizing the additional open space alternative or the affordable housing
density bonus alternative.
3. At least forty percent of the gross area of the planned unit development must be retained
as permanent open space and parks, playgrounds, sidewalks, non -motorized pathways and
trails may be computed in the forty percent open space requirement.
4-2
Page 27 of 110
Mill Creek Village satisfies these requirements of the code and is proposing a density less than
that allowed.
The applicant is not pursuing the open space or affordable housing density bonuses as allowed
in Chapter 17.66.030.
All of the proposed uses for Mill Creek Village are allowed under Chapter 17.66.040, Permitted
uses in a PUD. Staff used the criteria in Chapter 17.66.020 through 17.66.090 to evaluate the
application and the form of the development for completeness and adherence to the design
requirements.
Staff's review generated detailed statements that were conveyed to the applicant early in the
review process that are attached as exhibits. The application is complete for review of a
preliminary PUD.
A resolution will be generated subsequent to the meeting to accurately reflect the
comments/concerns of the Planning Commission.
ALTERNATIVES
1) The Planning Commission can approve Resolution No. 12-2011 thus approving the PUD
preliminary plat as submitted;
2) The Commission can approve the preliminary plat through the approval of Resolution
No. 12-2011 and state any necessary conditions;
3) The Commission can vote to not approve the PUD and state their reasons;
4) The Commission can table the hearing and request additional information.
p:\planning department\20II\correspondence\pl-II-192 mcv again.dou
Page 28 of 110
EAW
CITY OF MOAB
PLANNING RESOLUTION NO. 12-2011
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT FOR THE MILL CREEK
VILLAGE PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED IN THE RA-1 ZONING
DISTRICT
WHEREAS, Andrew Riley of Mill Creek Village, LLC, with offices at 1100 Sand Flats Road,
Moab, Utah 84532, as the owner of record ("Owner") of an 8.82-acre tract of property in the RA-1 Zone
has applied to the city for approval of a 20-lot Planned Unit Development on said property; and
WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and
drawings to complete the application for review of the preliminary plat of the proposed Mill Creek Village
Planned Unit Development ("Development') as required in Code Chapter 17.66.090-100; and
WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in
a public meeting to review the proposal and review the Plat for compliance with the requirements for
Planned Unit Developments on July 14, 2011; and
WHEREAS, the Commission, having considered public comment, Staff recommendations, and
discussion of the pertinent aspects of the development, determined that the Preliminary Plat of The Mill
Creek Village, PUD has met or can meet the requirements of Title 17 of the Moab Municipal Code; and
WHEREAS, upon review of the merits of the proposal the Commission has found that:
1. The proposed development will provide a more pleasant and attractive living
environment than a conventional residential development,
2. That the proposed development will create no detriment to adjacent properties
nor to the general area in which it is located; and that it will be in substantial
harmony with the character of existing developments in the area,
3. That the project will provide more efficient use of the land and more usable open
space than a conventional development permitted in the surrounding area,
4. That increased densities allowed within the proposed planned unit development
will be compensated by better site design and by the provision of increased
amenities and recreational facilities, and
5. That the development will not create increased hazards to the health, safety or
general welfare of the residents of the proposed planned unit development or
adjacent areas.
NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of
Resolution No. 12-2011 conditionally approves the submitted Preliminary Plat of The Mill Creek Village
PUD with the following conditions:
1.
2.
3.
Kelly Thornton
Chair
pAplanning department\2011\pc resolutions\I2-2011 mill creek village pud prelim.docx
Date
Page 29 of 110 4-2
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P a g e 3 0 o f 1 1 0
P&Z - TECHNICAL REVIEW
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011
PL-11-190
Page 2
3. The Planning and Zoning Commission and City Council must evaluate the impacts of traffic from the
development on existing streets.
Base Information
Size and Location:
The property is approximately 8.82 gross acres in size (4.4 net acres) and is located north of Powerhouse
Lane about .12 of a mile (650 feet) east of Mill Creek Drive and addressed as 1289 Power House Lane.
Proposed Density.
2.3 du/acre
Legal Description:
Parcel 3 of Power House Subdivision, Addition #2
Proposed Use and Present Zoning:
The property is currently undeveloped and the proposed use is for a residential mixture of single-family
dwellings and attached single-family dwellings and the proposed residential uses are allowed in a PUD
(17.66.040). The land is located in the Residential -Agricultural Zone (RA 1) Zone (as described in Code
Chapter 17.54).
Using a cluster style of design, the applicant intends to create 19-20 lots that will range from 4,504
square feet to 13,465 square feet in size. Natural areas that total 3.62 acres will serve as open space and
detention areas for storm -water runoff for a total of 41% (Open space required, 40%, 17.66.030).
Review of Submittal Requirements
The Preliminary Plat of the Mill Creek Village PUD substantially complies with the requirements for a
large scale PUD as set out in Section 17.66, Preliminary Plats, of Title 17.00, Zoning, of the Municipal
Code as listed below:
17.66.080 Vicinity plan and environmental analysis.
A. Vicinity plan: Submitted to the zoning administrator,
B. Environmental analysis statement: Submitted and addresses the following:
1. Revegetation of cuts and fills and area which will be denuded in constructing the
planned unit development;
2. Prevention of fire and control of dust;
3. Prevention of the accumulation of weeds and debris;
4. Management of surface water and elimination of flood hazards; and
5. Reduction in the need for the allocation of public funds for upkeep and
maintenance of streets, water and sewer lines, landscaped areas, etc., within the
territory to be included in the development.
17.66.090 Preliminary plan.
• The Plan: was submitted six weeks prior to the meeting of the Planning Commission with
amendments following staff comments and numerous meetings with the developer.
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Page 31 of 110
P&Z - TECHNICAL REVIEW PL-11-190
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011 Page 3
• Required Fee: The administrative fee has been submitted
• Scale: Not smaller than 1"= 100 feet. Submitted at a scale of 1 "=50' for clarity and detail
• Required information:
1. Type of development: Shown as a Planned Unit Development (PUD)
2. Name of development: Shown as Mill Creek Village, PUD
3. Name and address of the petitioner: submitted on the application
a. Current deed: submitted with application
4. Name and address of the designer: submitted with application;
5. Position of all buildings and structures to be constructed in the development, the design
of dwellings, estimates of the cost to purchasers or renters: Unavailable. Petitioner is not
going to develop individual lots.
6. Proposed parks, playgrounds, school sites, and other open spaces: shown on plat
Proposed buildings and other facilities for the common use of the occupants or for the
public: Not shown. No structures will be builtfor the occupants or public by the
Petitioner
7. Facilities and services to be supplied by the petitioner or by the association and the cost
thereof to the occupants: To be determined by the HOA subsequent to street construction
8. North point and scale: Shown
9. Township, range, and section lines: Shown
10. Zone boundary lines and zone designations: Submitted with application
11. Topography shown by contours at an interval no greater than two feet: Shown
12. Boundary of the development including a legal description thereof Shown
13. Total acreage of the development: Shown
14. Adjacent property ownership: Shown
15. Preliminary subdivision plan showing layout of all proposed lots: Submitted
16. Proposed circulation pattern including private and public streets, sidewalks and
nonmotorized pathways and trails: Submitted
17. Typical street or roadway cross -sections: Submitted
18. Existing and proposed canals and waterways, public utility lines and easements, etc.:
Submitted
19. Proposed sewage disposal facilities: Services are shown on the engineered plans but
subject to GWSSA approval and amendments
4-2
Page 32 of 110
P&Z - TECHNICAL REVIEW PL-11-190
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011 Page 4
20. Existing and proposed storm drains, bridges and other storm water management
measures; Shown
21. The location and type of water sources. Such sources shall be shown either on the
preliminary plan or on an accompanying map drawn at a scale not smaller than one -inch
equals two thousand feet. Appropriate supporting documents showing that potable water
will be available to the project in quantities as required by the water superintendent, State
Health Department, and fire marshal and that such water will be made available to each
dwelling site through a properly designed distribution system shall be included as part of
the preliminary plan: Submitted
22. Tentative location and size of water mains; Submitted and subject to GWSSA regulations
23. Tentative location of fire hydrants: Approved by Chief Brewer
24. Location and size of sewers; Submitted and subject to GWSSA regulations
and
25. Any other information which the zoning administrator or planning commission considers
necessary to enable the planning commission to determine whether or not to recommend
the plan to the city council. This final requirement will determine the completeness of
the application for compliance with the Code for the design elements and the required
documents.
17.66.100 Preliminary documents.
The following documents shall be submitted along with the preliminary plan:
A. CC&R's: Submitted to the City Attorney for review
B. In the event that the, development is to be divided into two or more ownerships, the
document must provide for adequate control and maintenance of all phases of the
development: Not planned
C. An agreement between the petitioners and the city stating among other things:
That in the event of failure or neglect on the part of the owners, successors or
assigns to maintain the water and sewerage facilities, common areas, landscaping
and other improvements in good condition, the city may perform the necessary
work and may enter upon the land and do the work and charge the cost thereof,
including reasonable attorneys fees, to the owners or their successors or assigns,
2. That the owners, successors or assigns will reimburse the city for all costs which
the city incurs in performing the necessary work,
3. That the petitioner will construct and maintain the project in accordance with
approved plans and in accordance with city standards,
4. That the terms of the contract shall be binding upon the heirs, assigns, receivers
and successors of the project for the life of the project or buildings, and
Page 33 of 110 2
P&Z - TECHNICAL REVIEW PL-11-190
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011 Page 5
5. Any other conditions that the planning commission deems to be reasonably
necessary to carry out the intent of this title.
The items listed above are addressed in the Improvements Agreement drafted by City Staff and
approved by City Council upon approval of the final plat.
Agency Comments
What follows is a summary of the comments that were received by affected districts and/or city
departments.
GWSSA: Confirmed 25 sewer service connections have been paid. The plans for services are being
reviewed
Moab Valley Fire Protection District: The proposed location of hydrants is accepted.
Moab Police Department: No response.
Rocky Mountain Power: Details will be refined when the plan to provide service is completed.
Public Works Director: Comments have been addressed in successive revisions of the plans. Oversight
will be ongoing.
City Engineer: Discussions about drainage, street construction, etc. will be ongoing.
Compliance with PUD Standards
The Commission is required to consider if the development satisfies the intent of the Code in Section
17.66.010. The section reads,
"The intent of this chapter shall be to set down regulations under which
development can be carried out that will achieve a better relationship between open space
and buildings, greater harmony between the development and the surrounding area, wider
variety of residential settings, more economical development, accommodation of
affordable housing, superior maintenance of buildings and premises, and a better living
environment than is possible to achieve by developing on a lot -by -lot basis. Upon
approval of a planned unit development, the features and dimensions shown on the
approved plan will constitute the zoning restrictions and regulations as applied to the
territory shown on the approved plan."
The PUD Standards are contained in Section 17.66.050 and 17.66.060 of the Municipal Code. The
standards provide that:
"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
Page 34 of 110 4_2
P&Z - TECHNICAL REVIEW
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011
PL-11-190
Page 6
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
units. All nonpaved driveways and parking areas shall be approved by the public works director.
17.66.060 Design standards.
Property development standards in excess of the minimums set forth in this section may
be imposed by the planning commission where it is determined that such increases are necessary
to ensure that the integrity and desirability of the planned unit development will be maintained.
A. Minimum Design Standards.
1. Setbacks shall be maintained along the peripheral property lines of the
planned unit development which shall be at least equal to that required by
the zone on the property immediately adjacent thereto; R-2 Zoning
2. In those instances where a proposed planned unit development will front
upon one or more existing streets, the setback from the street shall be
equal to that required by the most restrictive zoning on the property
immediately adjacent along the same street frontage; R-2 Zoning/25'
3. Minimum right-of-way width shall be forty feet;
4. Minimum street width shall be thirty feet;
5. Minimum sidewalk width shall be five feet; and
6. Dead end streets shall not exceed four hundred feet in length and must
have a cul-de-sac with a minimum radius of at least fifty feet and a
diameter of eighty feet curb to curb."
Any issues that may become apparent will need to be discussed and, when appropriate, resolved by the
Commission prior to requesting that an amended preliminary plat be drawn or directing the applicant to
proceed to final plat.
Responses to Written Comments
• The City does not have authority to enforce CC&R's. The Home Owner's Association
(HOA) is responsible for enforcement of this civil document. CC&R's are agreements
between a potential buyer and the developer/ HOA. The City Attorney reviews the
CC&R's for compliance with state law
• Clustering is a development technique that provides protection of open spaces. Over
40% of this property is being set aside as open space to protect the creek area from
development or alteration.
Page 35 of 110 4-2
P&Z - TECHNICAL REVIEW PL-11-190
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011 Page 7
• A developer may encourage buyers to develop in a desired way but unless the method
is specific and required by the CC&R's as a condition of development in the community,
the HOA will not have any power of enforcement.
• Solar energy is not required by the code to be installed on any structure but is an option
for each individual future property owner.
• The existing trees are not considered as a part of a landscaping plan for the
development. It is the responsibility and desire of future property owners to keep older
trees or to remove them and replace with younger trees of the same or different species.
• Much of the debris has been removed by the property owner and as development occurs
more of the debris will find its way to the landfill. Further, as lots are sold and
development occurs, individual property owners will become responsible for clean up
and maintenance of their own lots. Until they are sold, the property owner is responsible
whether it is the developer or the HOA.
• The open space area will require ongoing maintenance by the HOA with regards to
weeds and fire control.
• Powerhouse Lane is admittedly narrow. But it is the narrow width and pot holed surface
that keeps traffic moving slower than it would be if the road was in better condition. The
development itself may act as a traffic calming device since the driver will be entering a
"neighborhood". Most drivers will slow down in neighborhoods.
• Powerhouse Lane exists immediately adjacent to the subject property as a dedicated
right-of-way fifty (50) feet in width. Also, from the intersection of the Lane with Mill Creek
Drive to the dedicated ROW there is a right-of-way 12 feet in width running the full length
of the road segment.
In 72-5-104 and 105 of the Utah Code it states,
"A highway is dedicated and abandoned to the use of the public when it has been
continuously used as a public thoroughfare for a period of ten years [and]... The scope for the
right-of-way is that which is reasonable and necessary to ensure safe travel according to the
facts and circumstances."
Powerhouse lane in its entirety satisfies the above criteria as a right-of-way. The question is that of
scope and determining the width based on "that which is reasonable and necessary to ensure safe travel
according to the facts and circumstances." The City's standard minimum street ROW width is fifty (50)
feet. The case could be made that this is the needed width, that is "reasonable and necessary to ensure
safe travel". Without determining scope, the City can assert that the existing pavement, approximately
twenty feet in width and the dedicated 12 foot right-of-way constitutes a right-of-way of approximately
30 feet in width. There is some overlap of the right-of-way and the paved road.
Page 36 of 110 2
P&Z - TECHNICAL REVIEW PL-11-190
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011 Page 8
More can be determined as to the assessment of what is "reasonable and necessary" through the use of
the traffic study and historic photos.
• Dream Drive is located adjacent to Ms. Thomas' property and staff is reviewing options
to buffer the impacts of close proximity. The street will not be constructed to the full width of
the ROW and so we are looking at using some of the space to serve as additional buffer.
Since Lot 20 will no longer be considered for a home site, this will enhance the buffering of
adjacent properties in this area.
• The staff comments included in the packet reflected concerns about the originally
submitted plat that showed land -locked lots in the western portion of the development.
Some of the comments based on staff's original observations are without merit.
• Flag lots are allowed in Code in Section 17.06.020, Definitions, and must be designed to
specific requirements and are only allowed if all of them are met:
1. The lot has at least twenty feet of frontage on a dedicated public street, which
frontage serves as access only to the subject lot or parcel,
2. The handle portion of the lot is at least twenty feet in width, and not more than
one hundred fifty feet in length;
3. The body of the lot meets the lot area and lot width requirements of the
applicable zones.
• The surrounding properties are zoned R-2 and so further subdivision and development
could occur on lots that are 7200 sq ft. Large scale Planned Unit developments are
allowed in the RA-1 Zone as per Code Chapter, 17.66.030, Large scale planned unit
developments. Specific requirements have been established that must be met:
"Large scale planned unit developments will be allowed in all R-1, R-2, and RA-1 zoning
districts provided:
1. A parcel has a minimum of five acres
2. Is owned by one continuous property owner
3. The standard allowable density shall be six dwellings per acre
4. A maximum of eight units per acre may be applied utilizing the additional open
space alternative or the affordable housing density bonus alternative.
1. The acreage is nearly nine acres at 8.82 acres,
2. There is a single property owner,
3. The density is 2.3 du/acre,
4. Neither the affordable housing bonus nor the open space bonus is being
requested by the applicant.
• Within some of the comments there is a very deliberate attempt to use hear say and
disagreeable statements to color the view of the Planning Commission. These should
be discounted and the development evaluated against the code and on its own merits.
Page 37 of 110 4-2
P&Z - TECHNICAL REVIEW
Mill Creek Village Planned Unit Development
July 13, 2011/July 20, 2011
PL-11-190
Page 9
The approval of the minor subdivision in 2008 with a condition that another code section
would have to be applied to further development on the property was so that a minor
subdivision could never be used to divide the property further, and that some type of full
review and subdivision would have to occur. A PUD is a full subdivision of property with
development requirements. (Lot 3 is the subject and one of the comments cites Lot 2 as
the subject property.)
• Staff will make sure that the development is in compliance with all code sections.
m Not everything submitted or generated is posted on the website due to space limitations.
All documents needed for the application were submitted as noted in the Technical
Review as generated by staff. The review provides a listing of all necessary application
attachments and requirements as found in the appropriate code chapters. These
documents, as always, are on file and can be reviewed during regular business hours.
Copies may be obtained upon request to the City Recorder's Office.
p:\planning department\2011\correspondence\pl-II-190 mill creek village pud.docx
4-2
Page 38 of 110
CITY OF MOAB
PLANNING RESOLUTION NO. 12-2011
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT FOR THE MILL CREEK
VILLAGE PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED IN THE RA-1 ZONING
DISTRICT
WHEREAS, Andrew Riley of Mill Creek Village, LLC, with offices at 1100 Sand Flats Road,
Moab, Utah 84532, as the owner of record ("Owner') of an 8.82-acre tract of property in the RA-1 Zone
has applied to the city for approval of a 20-lot Planned Unit Development on said property; and,
WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and
drawings to complete the application for review of the preliminary plat of the proposed Mill Creek Village
Planned Unit Development ("Development") as required in Code Chapter 17.66.090-100; and,
WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in
a public meeting to review the proposal and review the Plat for compliance with the requirements for
Planned Unit Developments on July 14, 2011; and,
WHEREAS, the Commission, having considered public comment, Staff recommendations, and
discussion of the pertinent aspects of the development, determined that the Preliminary Plat of The Mill
Creek Village, PUD has met or can meet the requirements of Titles 17 of the Moab Municipal Code.
NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of
Resolution No. 12-2011 conditionally approves the submitted Preliminary Plat of The Mill Creek Village
PUD with the following conditions:
1.
2.
3.
Kelly Thornton
Chair
pAplanning department\2011\pc resolutions\I2-2011 mill creek village pud prelim.docx
Date
4-2
Page 39 of 110
CITY OF MOAB G1TY Off,
SUBDIVISION APPLICATION
FORM MUST BE COMPLETED IN INK
MOAB
PRELIMINARY PLAT APPLICATION
***A PRE -APPLICATION MEETING WITH CITY STAFF IS REQUIRED FOR THIS APPLICATION***
TO BE FILLED OUT UY APPLIC
T
DATE STAMP
FOR CITY USE ONLY
PROJECT NAME (if an ): `�
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FOR CITY USE ONLY
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APPLICATION NUMBER: '
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CITY QI-DATE
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RECEIVED: - so -I
APPLICATION FEE'
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TREASURER'S RECEIPT NUMBER:
All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or
completeness within fifteen days.
SUBMITTAL REQUIREMENTS
APPLICATION
One original which must contain an original signature of ownerla ent)
FULL-SIZE DRAWINGS
EIGHT (8) copies of the required drawings must be provided.
Drawings must be 18" x 24" or 24" x 36" in size.
REDUCED DRAWINGS
TWO (2) copies of the drawings reduced to 8.5" x 11" or 11" x 17" must be provided.
FEES
Preliminary Plat= $200.00 plus $25.00 per lot
Final Plat - $200.00 plus $25.00 per lot
Please refer to attached Submittal Checklist for further information.
ATTACHED SUBMITTAL
Note: when submitting this application, please do not copy or include the Submittal Checklist
CHECKLIST
sheets attached to the back of this application.
REQUIRED SIGNATURES (sign & date)
Public Works Director
Fire Chief
City Engineer
Building In pector
City Planner
Streets Superintendent
Zoning Administrator
Water & Sewer Superintendent
City Manager
City Recorder
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
217 EAST CENTER STREET • MOAB, UTAH • 84532 4_2
Phone: (435) 259-5129 • FWD Z59-4135 • E-mail: infoRmoahrity nro - ..
CITY OF MOAB
SUBDIVISION APPLICATION
FORM MUST BE COMPLETED IN INK
A. GENERAL INFORMATION
1. Name of property owner: KM cteek
Address: Q
Phone: 0��"9'-ZZ[� - CCI( Z4a-z2&7 Fax:
E-mail: Gi►hd. a"'e W�a- r' 6 � 1
Name of property owner:
Address:
Phone:
Fax:
E-mail:
L C,
I C_679
Attach additional owner information if necessary.
If the owner(s) of record as shown by the county assessor's office is (are) not the agent,
the owner's (owners') signed and notarized authorization(s) must accompany this anolication.
2. Applicant or
Address:
Phone:
3. Name of land
Address:
Phone:
4. Desc
eL�Y� Fax:
E-mail:
7/ Fax:
E-mail:
-L it-M L2ahc.Q
5. Does the property/site contain hillside slopes over 25%? ❑ yes Z no ❑ unknown
6. Does any portion of the property/site reside in the FC-1 flood zone? yes ❑ no ❑ unknown
7. Are any restrictive covenants existing or proposed? (If yes, please attach.) Ayes Ono
8. Are there underlying/overlying agreements on the property? ❑ yes ❑ no &unknown
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
217 EAST CENTER STREET • MOAB, UTAH • 84532 4-2
Phone: (435) 259-5129 e Fax: (435) 259-4135 • E-mail: info @moabcity.org
Webs#e-41AMf✓QWI Monhrity nra iA ,
CITY OF MOAB
SUBDIVISION APPLICATION
FORM MUST BE COMPLETED IN INK
If yes, check as appropriate and provide a copy of the decision document:
❑ Conditional Use Permit
❑ Zoning Variance
Planned Unit Development
❑ Other:
Under which jurisdiction was the approval given?
City of Moab ❑ Grand County Approval date:
I hereby certify that I have read this application and luiow the same to be true and correct.
Signat orized t Da
f"t_PNe1k V% et.0
Please Print Name
*Signature of owner or authorized agent Date
Please Print Name
*If signatory is not the owner of record, the attached "OwnerlAgent Agreement" must be signed and notarized
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
217 EAST CENTER STREET • MOAB, UTAH • 84532
Phone: (435) 259-5129 9 Fg SJJ5418-4135 • E-mail: info@moabcity.org 4-2
CITY OF MOAB
SUBDIVISION APPLICATION Zviy ��
FORM MUST BE COMPLETED IN INK
tti
MOAB
4
SUBDIVISION APPLICATION
SUPPLEMENTARY INFORMATION
SUBMITTAL DOCIIMINTS
A complete application shall include the items listed below (unless waived in writing by the director or project manager):
❑ Completed application form provided by the city containing the original signatures of all property owners;
❑ Notarized Owner/Applicant agreement signed by all owners in the event the owners designate an agent to act in
their stead;
❑ Narrative describing the project (number and size of lots, total acreage, etc) including proposed types of uses, time
frame for completion of improvements, how development complies with the development code and general plan.
Please include correspondence with other governmental agencies and utility providers.
❑ Eight (8) copies of the composite site plan/plat for review, must be 24" x 36" in size with a minimum scale of 1" _
100'.
I!
b
Two (2) copies of reduced drawings, 11" x 17" or 8.5" x I I"
Vicinity map showing the proposed project site and major city streets (map shall, at a minimum, cover the section
in which the project is located);
An application fee in the amount of specified by the fee schedule, check made payable to the City of Moab;
Stamped envelopes addressed to all property owners within 300 feet of the subject property boundary lines;
Weather resistant sign no smaller than 36" x 48" securely attached to the ground via a pole posted on the property
by the applicant at least three (3) days prior to the public hearing;
DEPARTMENT OF PLANNING AND COMMUNrrY DEVELOPMENT
217 EAST CENTER STREET • MOAB, UTAH • 84532
Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info @moabcity.org
Website: www.moabcity.org 4-2
Page 43 of 110 -
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Page 46 of 110 4_2
knq;
I have the following comments regarding the proposed covenants, conditions, and restrictions for
the Mill Creek Village, PUD. Please feel free to share these comments with the Planning Commission
and the applicant in advance of the hearing. Also, please note that I have not attempted to determine if
the proposed plat satisfies applicable City ordinances, and I will defer to the City staff evaluation of same.
The definitions make reference to affordable housing deed restrictions in several places.
My understanding is that the applicant is not seeking any density bonus available under
the PUD ordinance. For clarity, If there is to be no deed restricted affordable housing in
this application all references should be omitted from the covenants. Alternately, if the
applicant will be enacting a deed restriction, the form and content of same must be
approved by the City prior to final plat approval. This should be clarified at the
preliminary plat stage, and made a condition of approval, if applicable.
2. The declaration specifies private open space and trail easements identified as Common
Space. It is not clear if the City will be requiring a public trail system dedication along Mill
Creek (or elsewhere). If there is to be a public trail dedication it needs to be clearly
described in the declaration and the plat, and the rights of the public must be identified.
3. Article Four, Section 2, Common Space, should be changed to read: "All Common
Space is hereby dedicated to, and owned by, the Association for the use and benefit of
the Lot Owners. The Association shall be obligated to maintain all Common Space.
Further subdivision, development, or construction (other than necessary maintenance or
repair of roads, utilities, and pedestrian ways) is prohibited within or upon the Common
Space. The City of Moab shall be authorized, but not required, to enforce compliance
with this Section 2(a)."
4. Article Six, Section 7 does not specify the rate of interest on delinquent assessments,
and should probably be clarified.
The preliminary plat designates Andrew Riley as the owner, but the declaration identifies
Mill Creek Village, LLC as the declarant. If the land owner is other than the declarant it is
important that the land owner execute the declaration personally. Likewise, a legal
description of the property subject to the declaration must be made a part of the
document prior to recording.
Some of these items may require discussion between the applicant and Planning Commission. To the
extent applicable, my suggestion is that the Planning Commission use these comments as a basis for
attaching conditions to any preliminary plat approval. Let me know if you have any further concerns.
Page 47 of 110 2
THE SWAN LAW FIRM, PLLC
Christina R. Sloan*
sloan@thesloanlawfirm.com
www.thesloanlawfirm.com
* licensed in UT and CO
July 26, 2011
via email: jeff(oDmoabcijy.org
Jeff Reinhart
City of Moab Planning Director
Re. Revised CC&Rs, Mill Creek Village
Dear Jeff,
76 S. Main St., Ste. 1
Moab, UT 84532
Office: 435.259.9940
Cell: 970.309.2995
Attached, and on behalf of my Client, Andrew Riley, please find our revised CC&Rs for
Mill Creek Village for distribution to the City of Moab Planning Commission and interested
citizens before Thursday's meeting.
In response to comments by the public and planning commission members at the Public
Hearing on July 12, 2011, I have made the following changes to the CC&Rs:
1. Clarified the number of lots, and which are restricted to single-family use only;
2. Clarified what constitutes common space;
3. Cleaned up Defined Terms and how they are used throughout the document;
4. Expanded certain provisions in Article 4 to provide more direction to Lot Owners;
5. Added provisions regarding when the Design Review Committee shall be created in
Article 8; and
6. Included additional design criteria in Article 8.
Thank you for consideration of these revisions. Please contact me with questions or
concerns.
Sincerely,
CRS/
attachments
cc: Andrew Riley
Christina R. Sloan, Esq.
Page 48 of 110 4_2
DECLARATION OF
COVENANTS, CONDITIONS & RESTRICTIONS
for
MILL CREEK VILLAGE
RECITALS
WHEREAS, Mill Creek Village, LLC, a Utah limited liability company ("MCV" or
"Declarant") is the owner of certain real property located in Grand County, Utah known as Mill
Creek Village, and more particularly described in the Final Plat recorded on , 2011 at
Reception No. ("Plat").
WHEREAS, Mill Creek Village is comprised of twenty-two (22) residential Lots
("Lots"), two (2) of which may be deed -restricted as affordable housing, and six (6) of which
may be developed as Twin -Home Lots.
WHEREAS, by the execution of this Declaration of Covenants, Conditions and
Restrictions (the "Declaration"), MCV desires to maintain and develop Mill Creek Village as a
highly desirable residential area.
WHEREAS, the covenants contained in this Declaration are imposed for the mutual
benefit of all Lot Owners and Residents of Mill Creek Village, and may be amended from time
to time as provided herein.
NOW THEREFORE, MCV, being the owner of Mill Creek Village, heretofore described,
situated in Grand County, Utah, hereby makes the following Declaration containing covenants,
conditions, and restrictions, which shall attach to Mill Creek Village, and to every Lot and the
Common Space and any other land contained in Mill Creek Village, and that they shall constitute
binding covenants running with the land.
ARTICLE 1
VISION AND PURPOSE OF PROJECT
It is the purpose of MCV to develop an infill parcel of land within the City of Moab
limits into a neighborhood which provides lots for families and individuals from varied
economic backgrounds who are encouraged to build environmentally sensitive and energy
efficient homes, and will preserve open space as habitat as well as for use by the community.
ARTICLE 2
DEFINITIONS
1. "Accessory Structure" means any ancillary building on a Lot that is enclosed on
more than one side.
Declaration of Covenants, Conditions, and Restrictions
Mill Creek Village
Page 1
Page 49 of 110 4_2
2. "Affordable Housing Lot" means a deed restricted Lot in Mill Creek Village the
ownership and use of which is restricted by the Affordable Housing Guidelines which
supplement this Declaration and Master Deed Restriction which burdens each deed restricted
Affordable Housing Lot in Mill Creek Village and includes all improvements on Affordable
Housing Lots.
3. "Allocated Interests" means the Common Expenses liability and the votes in the Association
allocated to each Lot, as further described in Section 5.2.
4. "Assessment" means all common expense assessments, insurance assessments, utility
assessments, and any other expense levied to Lots pursuant to this Declaration or the Utah
Common Interest Ownership Act, including interest, late fees, attorney fees, fines, and costs.
5. "Association" means the Mill Creek Village Homeowners' Association, Inc., the entity
formed for the governance of Mill Creek Village and the administration and enforcement of this
Declaration and Rules and Regulations adopted by the Association.
6. "Bylaws" mean the Bylaws of the Association.
7. "Code" means the City of Moab's Land Use Code, as amended.
8. "Common Expenses" means and refers to all expenditures made and liabilities incurred by or
on behalf of the Association, together with any allocation by the Association to reserves.
9. "Common Space" means the Common Space shown on the Plat, including Parcel A, Parcel B
(Detention), Utility Easements, Dream Drive, and two Pedestrian Access Paths
10. "Declaration" means this document, as the same may be hereafter amended or
supplemented.
11. "Design Review Committee" or "DRC" means the committee of the Association appointed
to consult or review and approve individual house plans for proposed homes in Mill Creek
Village.
12. "Executive Board" or "Board" means three (3) of the Members elected by the Association
pursuant to the Bylaws.
13. "Governing Documents" means the Articles of Incorporation, Bylaws, Policies and
Procedures, and Rules and Regulations of the Association and this Declaration, as amended.
14. "Lot" means a building lot within Mill Creek Village, including free market Lots (both
Single Family and Twin Home Lots) and those restricted to Affordable Housing Lots.
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15. "Lot Owner" or "Owner" means the owner of a Lot in Mill Creek Village. A Member is
also a Lot Owner.
16. "Member" means a Lot Owner within Mill Creek Village.
17. "Mill Creek Village" means the residential subdivision approved by the City of Moab and
more particularly described in the Plat.
18. "MCV" means Mill Creek Village, LLC, the developer of Mill Creek Village and Declarant
herein.
19. "Moab City" means the City of Moab and its City Council and/or Boards and Commissions,
and/or their staff having jurisdiction and authority over a matter. Moab City and City of Moab
may be used interchangeably herein.
20. "Plat" means the recorded subdivision PUD plat for the Mill Creek Village, as amended.
21. "Residence" means a dwelling unit on a Lot.
22. "Resident" means those who live in Mill Creek Village, who may be a Lot Owner or a
Tenant.
23. "Rules and Regulations" means the rules and regulations, if any, adopted and distributed to
the Members.
24. "Single Family Lot" means the following sixteen (16) Lots on which development is limited
to a single family Residence: Lots 1 through 8, 10, and 12 through 18.
25. "Tenants" mean those persons who rent from Lot Owners. A Tenant is also a Resident.
26. "Twin Home" shall mean a two (2) family residence with a common wall. A Twin Home
need not be identical in design. The expense of the maintenance, repair and replacement of any
common wall of a Twin Home shall be shared equally by the two (2) owners of the Twin Home.
27. "Twin Home Lot" means the following six (6) lots on which twin -homes may be built: Lots
9A and 9B, 11A and 11B, and 19A and 19B. A Twin Home Lot may allow for the construction
of Twin Homes but may also be used for single family homes.
SUPPLEMENTAL DEFINITIONS MAY BE CONTAINED IN THE ASSOCIATION
ARTICLES OF INCORPORATION, BYLAWS AND RULES AND REGULATIONS.
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ARTICLE 3
DESCRIPTION OF PROJECT
1. Description of Project. Mill Creek Village is a twenty-two (22) lot residential subdivision
with Common Space owned by the Association as shown and depicted on the Plat. As more
particularly described in Subsections 2.24 and 2.27, sixteen (16) of the Lots are Single Family
Lots and six (6) of the Lots are Twin Home Lots. Two of the Lots may be deed restricted to
Affordable Housing Lots by a supplement or supplements to this Declaration pursuant to the Mill
Creek Village Affordable Housing Guidelines, which are or shall be recorded in the Grand
County, Utah records.
2. Description of Lots. The identification of each Lot is shown on the Plat. Every contract for
sale of a Lot, or every other legal instrument affecting title to a Lot, such as a deed, lease,
security interest, or will, shall legally describe the Lot as follows:
Lot , Mill Creek Village, according to the Declaration of Covenants, Conditions,
and Restrictions of Mill Creek Village, recorded in the real property records of Grand
County on , at Reception No. , and the Final Plat, recorded in the
real property records of Grand County on , at Reception No.
Said reference to the Declaration and Plat shall be deemed to include any supplement or
amendment thereto, without specific reference. Such description shall be construed to describe
the Lot, and to incorporate all rights incident to ownership of a Lot, and all limitations on such
ownership as described herein.
3. Owners' Easements of Enjoyment. Every Owner, including the Owner's family, tenants, and
guests, shall have a right and easement of enjoyment in and to any Common Space, which
easement shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
a. the right of the Association to promulgate and publish Policies and Procedures, and Rules
and Regulations, with which each Owner and their tenants, invitees, licensees and guests shall
strictly comply;
b. the right of the Association to suspend the voting rights and after Notice and Hearing,
the right to use any Common Space, during any period of violation of any other provision of the
Governing Documents, whichever is greater;
c. the right, power, and authority of the Association to grant any easement, right-of-way,
license, lease, dedication, transfer or conveyance or grant of any similar interest affecting any
Common Space for any purpose consistent with the intent of this Declaration; and
d. the right of the Association to close or limit the use of any Common Space while
maintaining, repairing and making replacements in any Common Space.
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ARTICLE 4
USESTANDARDS
MCV intends, by this Declaration, to ensure quiet enjoyment, comfort, and respect for all
Lot Owners and Residents. MCV also desires to preserve the Association's Common Space for
recreation, solitude and gathering.
1. Residential Lots:
a. Residential Use Only. The Lots shall be used for residential purposes only, subject to
Section 4.1(e), below, and only as permitted by the applicable ordinances of the City of Moab.
No temporary structures, trailers, tents, garages or any other outbuildings, unless
permitted through the City of Moab as an Accessory Dwelling Unit, shall be used
for residential purposes on any Lot, except on a temporary basis during
construction of a residential dwelling as allowed by the City of Moab and for a
period not exceeding twelve (12) months.
b. Maintenance of Property. Each Lot and the improvements erected thereon shall be kept
and maintained in a proper, neat and orderly manner and in good repair by the Lot Owner and
Residents thereof; and shall be used and enjoyed in a manner that promotes common sense and
respect for other Lot Owners and Residents. No trash, ashes, garbage, rubbish, debris or other
refuse shall be thrown, dumped or allowed to accumulate on the Lots. Each Owner shall provide
suitable receptacles for the temporary storage and collection of refuse. All such receptacles shall
be screened from the public view and protected from wind and animals. Each Lot Owner shall
be solely responsible for the maintenance of such Lot Owner's Lot and its landscaping and other
improvements in accordance with the Governing Documents.
d. Leasing. Each Lot Owner shall have the right to lease such Lot Owner's Lot, provided
each such lease is in writing and expressly subject to this Declaration. A Lot Owner who leases
their Lot shall provide a copy of said Lease to the Association within fifteen days of written
request for the same. Minimum lease periods shall be in accordance with and as permitted by the
Moab City; provided, however, that no Lot Owner may rent such Lot Owner's Lot for periods
less than one (1) Month. No nightly or weekly rentals are allowed within Mill Creek Village.
e. Home Business. The pursuit of a trade, business, or profession within Residences in Mill
Creek Village shall be permitted, so long as all activity takes place within the Residence thereon;
the use is clearly secondary to the residential use of the premises; the use does not cause
excessive traffic, disruption, odor, noise or nuisance, to be determined in the sole discretion of
the Association; and the use is in compliance with the Code, this Declaration, and the
Association's Rules and Regulations, if any.
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f. Affordable Housing. Each Affordable Housing Lot shall be subject to the Affordable
Housing Guidelines, which supplement this Declaration, as well as the Master Deed Restriction,
which burdens that Affordable Housing Lot.
g. On -street parking. On -street parking is prohibited for all unregistered vehicles and all
RVs, camper, and utility trailers, which shall be parked in a screened or enclosed carport, shed,
or garage on the Owner's Lot.
h. Lighting. Exterior lighting shall be installed and operated in a manner as to prevent
undue glare or reflection affecting adjacent lots and to minimize night lighting of the sky.
i. Landscaping. Any major landscaping renovations and/or the removal of any tree 6" in
diameter or larger must be approved by the Design Review Committee. No invasive plants shall
be planted. A combination of low water, native plants and/or edible landscapes is encouraged.
j. Walls and Fencing. Vegetation is encouraged over walls and fencing to define borders
and create screening. Walls and fencing shall not be constructed of chain link, vinyl or reflective
material. Corrugated metal may be used if rusted. Non -solid, plastic mesh or polypropylene
deer -proof fencing (such as Cintoflex) may be used around food gardens as needed.
k. Accessory Structures. If permitted by the Code, Lot Owners may build an Accessory
Structure(s) so long as 1) all Accessory Structures use exterior materials to visually and
architecturally blend with the main house; and 2) all Accessory Structures are of the same or
lesser in height than the main house on a Lot.
1. Animals. No animal shall be tethered outside regularly, and all pets shall have regular
access to the inside of their owner's home. Dogs at large are prohibited. Pitbulls and other
fighting dogs are prohibited. Cows, horses, and roosters shall not be kept in Mill Creek Village.
m. Signs. No billboards, signs or other advertising devices of any nature shall be erected,
placed, maintained or permitted, provided that this restriction shall not be construed to prevent
appropriate name and address signs and signs that advertise property for sale or rent insofar as it
is necessary to promote the sale and development of such properties, or temporary yard sale
signs
2. Common Space:
a. Subdivision. The Common Space may not be further subdivided into parcels for building
homes or otherwise.
b. Improvement. Without the prior approval of the Association, no vegetation, landscaping,
structure or other improvement within the Common Space shall be removed, constructed,
enlarged, demolished or altered.
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c. Motorized Vehicles. Motorized vehicles are allowed in the Common Space areas only as
needed for maintenance and repair of infrastructure or other improvements and only after express
authorization from the Association.
d. Camping. No camping is allowed within the Common Space.
e. Fireworks and firearms. No fireworks or firearms may be discharged within the
Common Space.
f. Dogs. Dogs must be on a leash or under sight and voice control when enjoying the
Common Space. No animals may be housed or kept in the Common Space.
ARTICLE 5
THE ASSOCIATION
1. Membership. As further explained in the Bylaws of the Association, every record Owner of
a fee interest in any Lot subject to this Declaration shall be a member of the Association.
Membership shall he appurtenant to and may not be separated from ownership of any Lot.
Ownership of such Lot shall be the sole qualification for such membership. Each Lot, regardless
of the number of dwelling units, including ADUs, built upon the Lot, shall be allocated one (1)
vote which shall be cast as a single vote and shall not be subject to fractional voting. No votes
allocated to a Lot owned by the Association may be cast.
2. Allocated Interests. The Allocated Interests, the Common Expenses liability and the votes in
the Association allocated to each Lot, are based on the total number of votes in the Association.
Each Lot shall have an Allocated Interest of 1/22 regardless of the number of dwelling units built
thereon.
3. Association Management of Common Space. The Association shall own, operate, maintain,
and repair the Common Space, as defined in Subsection 2.9, for the common benefit of Owners
and Residents within Mill Creek Village, and in a condition which will minimize soil erosion,
fire, and weed infestation. The Association shall landscape, restore, or revegetate with weed
free seed and mulch all excavations, fills and other construction which disturb the existing
vegetation. Further, the Association shall not intentionally introduce weeds or invasive
plant to the Common Space, and shall control noxious weeds and invasive species on said
property in accordance with federal, state and local laws and regulations. Further, the
Association may create Rules and Regulations regarding management of the Common Space, as
necessary.
4. Easements Reserved by Plat.
a. Association's Easement of Access and Use. The Association shall have an easement
of access and use over and across each Lot as necessary to the performance of obligations
in this Declaration; provided, however, that this easement and use thereof shall not
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unreasonably interfere with or impair the use of any Improvements constructed on any
Lot and shall be exercised only after reasonable notice to the Owner of the Lot.
b. General Emergency Easements. The Association, and all police, sheriff, fire
protection, ambulance, and other similar emergency agencies or persons, now or hereafter
servicing Mill Creek Village, shall have a nonexclusive easement for ingress and egress
to enter upon any part of Mill Creek Village in the performance of their duties.
c. Utility Easements. All existing easements are subject, by this Declaration, to the
Association's right to install, maintain, operate, repair, monitor, and improve all
underground electrical lines, telecommunication lines, cable television lines, water and
sewer lines and water system components, and any other common or individual utilities
that the Association may deem to be necessary. The Association may assign this right to
the City of Moab and other regulatory authorities as necessary for installation of utilities
and inspections of the same from time to time.
ARTICLE 6
ASSESSMENTS
1. Creation of Association Lien. The Association shall charge Assessments on an annual basis
against all Lots, which Assessments shall be based upon the Association's advance budget of the
cash requirements needed by it to provide for the administration and performance of its duties
during such Assessment year. The budget shall be submitted to the Lot Owners for ratification
pursuant to the Utah Common Interest Ownership Act and as set forth in the Bylaws, as
amended. Assessments, apportioned based on the Allocated Interests, shall be due and payable
in monthly, quarterly, or annual installments, or in any other manner, as determined by the
Board. The omission or failure of the Board to levy the Assessment for any period shall not be
deemed a waiver, modification or a release of the Lot Owners from their obligation to pay.
2 Personal Oblijzation to Pay Assessments for Common Expenses. Each Lot, and each Lot
Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed
or other conveyance, shall be deemed to covenant and agree to pay to the Association
Assessments for Common Expenses and such other Assessments as imposed by the Association.
Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged
by the Association shall be the personal obligation of the Owner of such Lot at the time when
theAssessment or other charges became due. Assessments for Common Expenses as imposed by
the Association, including fees, charges, late charges, attorney fees, fines and interest charged by
the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against
which each such Assessment or charge is made. If any Assessment is payable in installments,
the full amount of the Assessment is a lien from the time the first installment becomes due. The
personal obligation to pay any past due sums due the Association shall not pass to a successor in
title unless expressly assumed by them. No Owner may become exempt from liability for
payment of the Assessments by waiver of the use or enjoyment of the Common Areas or by
abandonment the Lot against which the Assessments are made. All Assessments shall be
payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be
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permitted by any reason including, without limitation, any claim that the Association or the
Board is not properly exercising its duties and powers under this Declaration.
3. Apportionment of Common Expenses. Except as provided in this Declaration, all
Assessments, including Special Assessments, for Common Expenses shall be assessed against all
Lots in accordance with the formula for liability for the Common Expenses as set forth in
Section 5.2.
4. Special Assessments. In addition to the annual Assessments authorized above, the
Association may levy, in any Assessment year, a special Assessment applicable to that year only
for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of the Common Areas, including fixtures and personal property related
thereto, or for any other purpose deemed necessary and appropriate by the Board; provided that
any such Assessment shall have the assent of the majority vote of the Owners at a properly
noticed meeting.
5. Default Assessments. All monetary fines assessed against an Owner pursuant to the
Governing Documents, or any expense of the Association which is the obligation of an Owner or
which is incurred by the Association on behalf of the Owner pursuant to the Governing
Documents, shall be a Default Assessment and shall become a Lien against such Owner's Lot
which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the
amount and due date of such Default Assessment shall be submitted to the Owner subject to such
Assessment at least ten (10) days prior to the due date.
6. Lot Specific Assessments. The Association shall have the right to add to any Owner's
Assessment, those amounts expended by the Association for the benefit of any individual Lot
and the Owner thereof, including, but not limited to: a) fines, improvement, repair, replacement
and maintenance of a Lot that an Owner has failed to perform (after notice as provided in this
Declaration); b) improvement, repair, replacement and maintenance to the Common Area caused
by the negligent or willful acts of any Owner, his guests, employees, licensees, lessees or
invitees; and c) all other expenditures or charges which the Board, in its sole discretion, chooses
to allocate to a Lot.
7. Effect of Non -Payment of Assessment. Any Assessment, charge or fee provided for in his
Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10)
days after the due date hereof, as established by the Board, shall bear interest at the rate
established by the Board, on a per annum basis from the due date. In addition, the Association
may assess a reasonable late charge thereon as determined by the Board. Failure to make
payment within sixty (60) days of the due date thereof shall cause the total amount of such
Owner's Assessment for the remainder of that fiscal year to become immediately due and
payable at the option of the Board. Further, the Association may bring an action at law or in
equity, or both, against any Owner personally obligated to pay such overdue Assessments,
charges or fees, or monthly or other installments thereof, and may also foreclose on its lien
against such Owner's Lot. An action at law or in equity by the Association against a Lot Owner
to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other
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installments thereof, may be commenced and pursued by the Association without foreclosing, or
in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the
Association of its lien shall not be deemed to estop or otherwise preclude the Association from
thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment,
charges or fees, or monthly or other installments thereof, which are nor fully paid when due. The
Association shall have the power and right to bid on or purchase any Lot at a public auction or
other legal sale, and to acquire and hold, tease, mortgage, convey or otherwise deal with the
sane. If a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons s
or leaves vacant his or her lot, the Board may take possession and rent said Lot or apply for the
appointment of a receiver for the Lot without prior notice to the Owner. The rights of the
Association shall be expressly subordinate to the rights of any holder of a first lien security
interest as set forth in its deed of trust or mortgage (including any assignment of rents), to the
extent permitted under the Utah Common Interest Ownership Act.
8. Lien Priority. The lien of the Association under this Section is prior to all other liens and
encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of
the Declaration; (2) a first lien security interest on the Lot (except as allowed by the Act with
regard to the limited lien priority allowed to the Association); and (3) liens for real estate taxes
and other governmental assessments or charges against the Lot. This Section does not affect the
priority of mechanics' or materialmen's liens. The lien of the Association under this Article is
not subject to the provision of any homestead exemption as allowed under state or federal law.
Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that
sale or transfer of any Lot pursuant to foreclosure of any first lien Security Interest, or any
proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall
only extinguish the lien of Assessment charges as provided by applicable state law. No such sale,
transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor
cancellation or forfeiture shall relieve any Owner from continuing liability for any Assessment
charges thereafter becoming due, nor from the lien thereof.
ARTICLE 8
ARCHITECTURAL REVIEW
1. Design Review Committee. The Association shall create a Design Review Committee
("DRC") prior to construction of any Improvements on any Lots in Mill Creek Village, which
Committee shall be comprised of at least three (3) Members of the Association. At such time as
there are less than three Lot Owners other than Declarant, Declarant shall serve as the Design
Review Committee. The DRC shall review and approve construction and site development plans
for each Improvement in Mill Creek Village. The DRC shall approve said plans by a majority
vote of its members.
2. Design Approval. Prior to construction of any Improvement, the DRC shall review
construction plans to ensure compliance with this Declaration and any other design review
requirements contained in the Governing Documents. The Lot Owner shall submit to the DRC
three (3) complete sets of construction and site development plans and specifications along with
a complete list of all exterior materials and colors to be used. The DRC may request any
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additional information, plans, specifications, and reports it deems necessary to evaluate the
development proposal throughout the approval and construction process. In the event the DRC
fails to take any action within thirty (30) days after its receipt of three (3) copies of the complete
construction and site development plans, specifications, materials, colors and any requested
additional information have been submitted to it, then all of said submitted plans shall be deemed
to be approved. The DRC shall not unreasonably disapprove the architectural plans.
3. Design Criteria. In addition to any design review requirements imposed on each Owner by
the DRC, when constructing any Improvements, landscaping, and alterations to Improvements
on a Lot or landscaping of a Lot:
a. Conformity and Harmony with Landscape. Each Owner shall endeavor to protect the
conformity and harmony of exterior appearance of structures with neighboring structures and
natural surroundings as to external design, materials, siteing, height, topography, grade, and
finished ground elevation, and the preservation of the aesthetic beauty of the surrounding
landscape.
b. Preservation of Viewsheds. Each Lot Owner shall protect the seclusion of his home site
from other home sites as reasonably possible. To this end, each Owner shall be considerate in
planning, not building directly in front of a neighbor's view so as to protect the property view
line and promote neighborly conduct so as not to unreasonably interfere with or disturb the use,
enjoyment and access to any other occupant of the Lots. To this end, each Improvement shall be
located on each Lot so as to (1) preserve the use, enjoyment and access — including view planes -
of every other occupant of Mill Creek Village; (2) keep traffic flow amiable for construction,
road construction, entering and exiting the property; and (3) promote neighborly conduct.
c. Preservation of Natural Drainage. In addition, no structure shall be placed or located on
any Lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage
courses and patterns. Likewise no landscaping or changes to the existing terrain shall be made
which shall obstruct, divert or otherwise alter such drainage.
d. Building Height. Building heights are limited to seventeen (17) feet for one-story and
twenty-two feet (22) for two -stories. Building heights shall be measured from the lowest
adjacent finish grade.
e. Solar access. Improvements shall be planned and designed in a manner which allows
access to direct sunlight to all parcels within Mill Creek Village.
ARTICLE 9
MISCELLANEOUS
1. Severability. Each of the covenants, conditions and resolutions contained in this Declaration
shall be deemed independent and separate and the invalidation of any one shall not affect the
validity and continued effect of any other.
2. Paragraph Headings. The paragraph headings in this instrument are for convenience only and
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shall not be considered in construing the restrictions, covenants and conditions contained herein.
3. Singular and Plural. Wherever utilized herein, the singular shall be deemed to include the
plural, and the plural shall be deemed to include the singular. Furthermore, wherever utilized
herein, the masculine shall be deemed to include the feminine, and the feminine shall be deemed
to include the masculine.
4. Waiver. Waiver or failure to enforce any restriction, covenant or condition of this Declaration
of Covenants shall not operate as a waiver of any other restriction, covenant, or condition.
5. Amendment. This Declaration may be amended only upon the affirmative vote of two-thirds
(2/3) of the Members of the Association.
6. Covenants Running with the Land. The provisions of this Declaration, as amended, shall be
deemed to be covenants running with the land benefiting and burdening all of the Property.
7. Technical Amendments. MCV hereby reserves and is granted the right and power to record
technical amendments to this Declaration for the purposes of correcting spelling, grammar, dates
or as is otherwise necessary to clarify the meaning of the provisions of this Declaration.
8. Compliance with Provisions. Lot Owners and Residents shall comply strictly with the
Governing Documents, and contracts of the Association. Failure to comply with any provision
of the Governing Documents shall be grounds for the imposition of fines (as established by the
Executive Board) for violations and/or for an action to recover sums due for damages or
injunctive relief or both, together with reasonable attorneys' fees, court costs, and injunction
bond premiums and shall be maintainable by the Executive Board on behalf of the Owners, or by
any Owner, individually.
9. Release and Indemnity. By accepting a deed to a Lot (whether or not it is expressly stated in
the deed), each Lot Owner agrees to indemnify and hold harmless MCV and its members, agents,
officers, employees, contractors, successors and assigns of, from and against any and all losses,
damages, costs, expenses or liabilities related to or arising in connection with, any claims,
actions, causes of action, liability, suits or demands of or by the Lot Owner or its family
members or Residents for any disturbance, inconvenience, noise, nuisance, personal injury,
sickness, death, property damage or other risk resulting from, or associated with, the
development, construction, use, maintenance and operation of Mill Creek Village, including
without limitation, any of the professional services, activities, occurrences, conditions, state of
facts, events or situations related thereto.
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10. Rules and Regulations. The Association may adopt reasonable Rules and Regulations of
uniform applicability ("Rules and Regulations") relating to Architectural and Construction
Standards and such other matters as shall be deemed necessary or appropriate from time to time.
As necessary, the initial Rules and Regulations shall be adopted by the Association's First
Executive Board, pursuant to Article 5 of the Bylaws. Said Rules and Regulations may be
amended by the affirmative vote of two-thirds (2/3) of the Members of the Association. Rules
and Regulations shall not be recorded. However, and subject to the Bylaws, it shall be the
responsibility of each Member of the Association to be aware of the current Rules and
Regulations and to abide by the same.
IN WITNESS WHEREOF, MCV approves this Declaration effective as of the
2011.
MILL CREEK VILLAGE, LLC
By:
Andrew A. Riley, Member
STATE OF UTAH )
) ss.
COUNTY OF GRAND )
By:
Bijan N. Riley, Member
The foregoing Declaration was acknowledged before me this
2011, by Andrew A. Riley, Member of Mill Creek Village, LLC.
Witness my hand and official seal.
STATE OF UTAH )
) ss.
COUNTY OF GRAND )
The foregoing Declaration was acknowledged before me this
2011, by Bijan N. Riley, Member of Mill Creek Village, LLC.
Witness my hand and official seal,
day of
day of
day of
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MILL CREEK VILLAGE
Mill Creek Village will create a small residential neighborhood that will
provide an unparalleled feel of living at the edge. Located at the mouth
of Mill Creek and Moab valley the site has a number of unique
characteristics that will provide for a high quality of life for its
residents. The location and design of Mill Creek Village will allow
walking access to hiking trails and the creek system or an easy bike ride
to downtown Moab.
The project will consist of 8.82 acres of land zoned RA-1, which allows
for residential development under the City Planned Unit Development (PUD)
ordinance. The PUD will consist of 19 building lots, three of which will
be twin home lots range in size from .1 (4,500 sq. ft.) acres to .4
(14,000 sq. ft.) acres.
Residents of the community will be encouraged to utilize green building
techniques and both passive and active solar techniques in the design and
construction of their homes. The project will be divided into three
phases. Phase one plans to have the infrastructure in place and
functional as soon as possible to allowing property owners to begin
construction. Phase two will follow as the demand for lots increase.
A "will serve" letter has been received from Spanish Valley Sewer & Water
for sewer service and Moab City has committed to provide service for the
culinary water, all other utilities are currently on site. A gravity
flow irrigation system will provide Moab Irrigation Co. water to each
lot.
We feel that the Mill Creek Village community will add great value to the
City of Moab by providing a unique set of new housing for a diverse
economic mix of residents much like the downtown residential
neighborhoods that already exist
Page 62 of 110 4_2
934 Main A.ve.,Unit C
Durango, CO 81301
Ph (970) 385-4546
Fax (970) 385-4502
Environmental Analysis
For Proposed Mill Creek Village P.U.D.
INTRODUCTION
The Moab Municipal Code Section 17.66.080 requires a Vicinity Plan and Environmental
Analysis with regard to the proposed P.U.D. The following subsections cover the Environmental
Analysis statement and the Vicinity Plan is attached.
Revegetation: Construction will be limited as much as possible to the areas impacted by the
roads and utilities. Every effort will be made to preserve the existing mature non-invasive trees
and shrubs in this area. In the areas receiving fill, the resulting slopes will be graded to a
maximum slope of 3H:1V, cuts and fills will be planted with a variety of native plants and
mulched. The establishment of vegetation will take place as soon as the building and
improvement construction reaches a level of completeness that allows landscaping and will be
watered as necessary to establish the vegetation.
Dust Suppression: The area to be disturbed will be minimized as much as possible to prevent
dust from construction activities. If dust does present a problem during construction activities, a
water truck will be provided to spray the site with water to prevent blowing dust.
Fire Protection: Fire Protection during the construction phase will be accomplished via existing
pressurized water lines and by clearing a defendable fire break along property boundaries and
between the creek corridor and all construction. Once the new roads and utilities are
constructed, new hydrants will be provided throughout the subdivision in accordance with Moab
Fire Protection District recommendations. Hydrants will be consistent with the District's specific
needs regarding fire hydrant brand and fittings.
Prevention of Weeds and Debris: Construction debris will be managed with dumpsters.
Weed growth during construction will be minimal since denuded areas will be landscaped. A
landscape contractor paid for by fees assessed by the Homeowner's Association will perform
landscape maintenance upon completion.
Management of Stone Runoff: Storm water will be collected from the roads and conveyed via
storm drains and vegetated surface swales to a detention pond located outside of the 100-year
floodplain. From there an outlet structure will be constructed to discharge to Mill Creek. A
Stormwater Pollution Prevention Plan (SWPPP) will be prepared and a State of Utah UPDES
permit will be obtained to control erosion during construction.
Maintenance of Roads and Utilities: Al utilities will be constructed to City of Moab standards.
The on -site sewer main will be owned and maintained by Grand Water & Sewer Service Agency
(GW & SSA); the water main will be turned over to the City of Moab upon acceptance by City
staff. The road system will be the responsibility of the Homeowner's Association.
Page 63 of 110 4_2
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Building Valuation Data — February 2011
The International Code Council is pleased to provide the
following Building Valuation Data (BVD) for its members. The
BVD will be updated at six-month intervals, with the next
update in August 2011. ICC strongly recommends that all
jurisdictions and other interested parties actively evaluate and
assess the impact of this BVD table before utilizing it in their
current code enforcement related activities.
The BVD table provides the "average" construction costs per
square foot, which can be used in determining permit fees for
a jurisdiction. Permit fee schedules are addressed in Section
109.2 of the 2009 International Building Code (IBC) whereas
Section 109.3 addresses building permit valuations. The
permit fees can be established by using the BVD table and a
Permit Fee Multiplier, which is based on the total construction
value within the jurisdiction for the past year. The Square Foot
Construction Cost table presents factors that reflect relative
value of one construction classification/occupancy group to
another so that more expensive construction is assessed
greater permit fees than less expensive construction.
ICC has developed this data to aid jurisdictions in determining
permit fees. It is important to note that while this BVD table
does determine an estimated value of a building (i.e., Gross
Area x Square Foot Construction Cost), this data is only
intended to assist jurisdictions in determining their permit fees.
This data table is not intended to be used as an estimating
guide because the data only reflects average costs and is not
representative of specific construction.
This degree of precision is sufficient for the intended purpose,
which is to help establish permit fees so as to fund code
compliance activities. This BVD table provides jurisdictions
with a simplified way to determine the estimated value of a
building that does not rely on the permit applicant to determine
the cost of construction. Therefore, the bidding process for a
particular job and other associated factors do not affect the
value of a building for determining the permit fee. Whether a
specific project is bid at a cost above or below the computed
value of construction does not affect the permit fee because
the cost of related code enforcement activities is not directly
affected by the bid process and results.
Building Valuation
The following building valuation data represents average
valuations for most buildings. In conjunction with IBC Section
109.3, this data is offered as an aid for the building official to
determine if the permit valuation is underestimated. Again it
should be noted that, when using this data, these are
"average" costs based on typical construction methods for
each occupancy group and type of construction. The average
costs include foundation work, structural and nonstructural
building components, electrical, plumbing, mechanical and
interior finish material. The data is a national average and
does not take into account any regional cost differences. As
such, the use of Regional Cost Modifiers is subject to the
authority having jurisdiction.
Permit Fee Multiplier
Determine the Permit Fee Multiplier:
1. Based on historical records, determine the total annual
construction value which has occurred within the
jurisdiction for the past year.
2. Determine the percentage (%) of the building
department budget expected to be provided by building
permit revenue.
Permit Fee Multiplier =
Example
Bldg. Dept. Budget x (%)
Total Annual Construction Value
The building department operates on a $300,000 budget, and
it expects to cover 75 percent of that from building permit fees.
The total annual construction value which occurred within the
jurisdiction in the previous year is $30,000,000.
$300,000 x 75%
Permit Fee Multiplier = --0.0075
$30,000,000
Permit Fee
The permit fee is determined using the building gross area, the
Square Foot Construction Cost and the Permit Fee Multiplier.
Permit Fee = Gross Area x Square Foot Construction Cost
x Permit Fee Multiplier
Example
Type of Construction:1113
Area: 1 st story = 8,000 sq. ft.
2nd story = 8,000 sq. ft.
Height: 2 stories
Permit Fee Multiplier = 0.0075
Use Group: B
1. Gross area:
Business = 2 stories x 8,000 sq. ft.=16,000 sq. ft.
2. Square Foot Construction Cost:
13/1113= $145.97/sq. ft.
3. Permit Fee:
Business = 16,000 sq. ft. x $145.97/sq. ft x 0.0075
= $17,516
Page 65 of 110 4_2
Important Points
The BVD is not intended to apply to alterations or repairs
to existing buildings. Because the scope of alterations or
repairs to an existing building varies so greatly, the Square
Foot Construction Costs table does not reflect accurate
values for that purpose. However, the Square Foot
Construction Costs table can be used to determine the
cost of an addition that is basically a stand-alone building
which happens to be attached to an existing building. In
the case of such additions, the only alterations to the
existing building would involve the attachment of the
addition to the existing building and the openings between
the addition and the existing building.
• For purposes of establishing the Permit Fee Multiplier, the
estimated total annual construction value for a given time
period (1 year) is the sum of each building's value (Gross
Area x Square Foot Construction Cost) for that time period
(e.g., 1 year).
The Square Foot Construction Cost does not include the
price of the land on which the building is built. The Square
Foot Construction Cost takes into account everything from
foundation work to the roof structure and coverings but
does not include the price of the land. The cost of the land
does not affect the cost of related code enforcement
activities and is not included in the Square Foot
Construction Cost.
Square Foot Construction Costs n,r,d
Group (2009 International Building Code)
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
A-1 Assembly, theaters, with stage
211.16
203.98
198.73
190.05
178.25
173.30
183.31
162.97
156.05
A-1 Assembly, theaters, without stage
193.16
185.99
180.74
172.06
160.31
155.36
165.32
145.04
138.12
A-2 Assembly, nightclubs
163.22
158.56
154.17
148.00
138.96
135.24
142.52
126.06
121.36
A-2 Assembly, restaurants, bars, banquet halls
162.22
157.56
152.17
147.00
136.96
134.24
141.52
124.06
120.36
A-3 Assembly, churches
195.10
187.93
182.68
174.00
1 162.21
157.26
167.26
146.94
140.02
A-3 Assembly, general, community halls, libraries,
museums
163.81
156.64
150.39
142.71
129.91
125.96
135.97
114.63
108.71
A-4 Assembly, arenas
192.16
184.99
178.74
171.06
158.31
154.36
164.32
143.04
137.12
B Business
164.76
158.78
153.49
145.97
132.45
127.63
139.92
116.43
110.93
E Educational
176.97
170.85
165.64
158.05
146.37
138.98
152.61
127.91
123.09
F-1 Factory and industrial, moderate hazard
97.87
93.28
87.66
84.46
75.44
72.26
80.79
62.17
58.48
F-2 Factory and industrial, low hazard
96.87
92.28
87.66
83.46
75.44
71.26
79.79
62.17
57.48
H-1 High Hazard, explosives
91.74
87.15
82.53
78.33
70.49
66.31
74.66
57.22
N.P.
H234 High Hazard
91.74
87.15
82.53
78.33
70.49
66.31
74.66
57.22
52.53
H-5 HPM
164.76
158.78
153.49
145.97
132.45
127.63
139.92
116.43
110.93
1-1 Institutional, supervised environment
164.82
159.04
154.60
147.90
135.84
132.25
144.15
121.88
117.55
1-2 Institutional, hospitals
277.07
271.09
265.80
258.28
243.90
N.P.
252.23
227.88
N.P.
1-2 Institutional, nursing homes
193.00
187.02
181.74
174.22
160.98
N.P.
168.16
144.96
N.P.
1-3 Institutional, restrained
187.72
181.73
176.45
168.93
156.64
150.82
162.87
140.63
133.13
1-4 Institutional, day care facilities
164.82
159.04
154.60
147.90
135.84
132.25
144.15
121.88
117.55
M Mercantile
121.57
116.92
111.53
106.36
96.96
94.25
100.88
84.07
80.36
R-1 Residential, hotels
166.21
160.43
155.99
149.29
137.39
133.80
145.70
123.43
119.10
R-2 Residential, multiple family
139.39
133.61
129.17
122.47
111.23
107.64
119.54
97.27
92.94
R-3 Residential, one- and two-family
131.18
127.60
124.36
121.27
116.43
113.53
117.42
108.79
101.90
R-4 Residential, care/assisted living facilities
164.82
159.04
154.60
147.90
135.84
132.25
144.15
121.88
117.55
S-1 Storage, moderate hazard
90.74
86.15
80.53
77.33
68.49
65.31
73.66
55.22
51.53
S-2 Storm e, low hazard
89.74 1
85.15 1
80.53 1
76.33
68.49
64.31
72.66
55.22
50.53
U Utility, miscellaneous
71.03 1
67.02 1
62.71 1
59.30 1
52.86
49.43
56.33
41.00
39.06
a. Private Garages use Utility, miscellaneous
b. Unfinished basements (all use group) = $15.00 per sq. ft.
c. For shell only buildings deduct 20 percent
d. N.P. = not permitted
Page 66 of 110 2
Grand Water & Sewer Service Agency
3025 E Spanish Trail Rd ♦ PO Box 1046 ♦ Moab, Utah 84532
435-259-8121 ♦ 435-259-8122 fax
MANAGER/OPRRAT'OR j
Mario Sovine
OPIERAIMCOMMQTM
Dan Pyatt (President) June 27 2011
Gary Wilson (V President)
Brian Backus
John Hartley
Mike Holyoak
Pat Holyoak
Rex Tanner Jeff Reinhart
FORMING ROARAS: Planning Director
Moab City
SVW&S>m 217 East Center Street
Gary Wilson (Ch) Moab, UT. 84532
Tom Stengel (V Ch)
John Hartley (Treas)
Mike Holyoak (Clerk)
Dale Weiss Jeff:
GCWCD
Dan Pyatt(Ch) I have reviewed the preliminary sewer drawings for the Mill Creek Village
Jerry McNeely (V,Ch) subdivision. Although the Agency requires a will -serve request and 30 day
Brian Backus
PrestonPmnan engineering review to include a soil test before approval. I do not see
Rex Tanner anything that would prevent approval of the sewer line infrastructure at this
GCSSWD time.
Gary Wilson (Ch)
Mike Holyoak (V Ch) please contact me with any questions or comments.
Kyle Bailey
Pat Holyoak
Tom Stengel
Mark Sovine
Manager
GWSSA
Page 67 of 110 4_2
Gayle Weyher
1339 Powerhouse Lane Moab, Utah 84532 435-259-0242
July 3, 2011
City of Moab
Planning Commission
217 East Center Street
Moab, Utah 84532
Dear Ms Johnson,
Thank you for sending to me, an adjacent property owner, the information
regarding Mill Creek Village Planned Unit Development.
While I hope to be supportive of the development I have many serious concerns
and will be attentive and watchful.
My letter today is regarding proposed lots 10, 11A, 11 B and 12. These lots are
currently in the R-2 Zone designated on the plan.
I recognize that In a PUD the new lots do not need to conform to the existing
zoning, but the surrounding area should be taken into consideration. I believe
that instead of four lots this area should contain no more than three lots. The
combined linear lot frontage is 179.7 feet. The combined square footage is
35,411. Three lots each 11,800 sq ft matches more closely with the overall
perimeter lots in the plan.
In particular, I believe that the lots 11-A and 11-13 are very much out of character
as designed and they should not be allowed. I own the R-2 zoned single-family
home on .5 acres directly east.
I will be at the public hearing and hope to have a minute to address this issue.
Cordially,
ayle Weyher RECEIVED
Adjacent property owner ►! i -5 2011
CITY OF MOAB
Page 69 of 110 4-2
RECEIVED
Gayle Weyher
JUL 192011
CITY OF MOAB
1339 Powerhouse Lane Moab, Utah 84532 435-259-0242
July 18, 2011
City of Moab
Planning Commission
217 East Center Street
Moab, Utah 84532
RE: Mill Creek Village, PUD
Dear Planning Commissioners,
Thank you for extending the public comment period for Mill Creek Village
PUD for two more weeks. Adjacent property owners came to the July 14
meeting with sincere concerns about the development of MCV, which became
apparent during the public hearing and I believe you heard them.
In Code of Ordinances Title 17 Zoning Chapter 17.66 Planned Unit
Developments Section .010 Intent states,
"The intent of this chapter shall be to set down regulations under which
development can be carried out that will achieve ...... a better living environment
than is possible to achieve by developing on a lot -by -lot basis."
By his own admission during the public hearing, Mr. Riley mentioned that
the CCRS he has produced were mutable and to be developed, as they will by
amendment of the owners as they wish. It is undesirable and unnecessary to
allow this to happen; and I believe that the key word here is "planned." A PUD is
exactly that - Planned.
The City of Moab is small and budgets are fragile, enforcement and
backtracking is the last thing that anyone wants to do. A cohesive well-defined
plan with all the necessary steps will go a long way towards a successful project
for the developer, the City of Moab, the adjacent property owners and the future
residents of Mill Creek Village.
A very good example of how this project is being planned is reflected in
the last minute change to the retention pond revealed at the July 14 public
hearing. No one had knowledge of this item change and no one was prepared to
respond to it. We were not allowed the time to give it thoughtful consideration.
Mr. Riley has mentioned in his project narrative "A gravity flow irrigation
system will provide Moab Irrigation Co water to all lots." It took one phone call by
me to Moab Irrigation Company to find out that Mr. Riley has 2 water shares that
4-2
Page 70 of 110
cannot be divided into less than % shares. He does not have enough shares to
do what he is stating. This gravity flow irrigation system is not on the preliminary
plan. What is going to happen here? Will water intermittently flow down the
gutters of Powerhouse Lane and Dream Drive to be diverted as each homeowner
desires? Could this possibly be an engineered system where water that is
delivered intermittently by Moab Irrigation Company and sometimes not at all, be
stored somewhere on the property and pumped to each home in an on demand
basis? If so there is no such design.
A very good example of the unpredictable nature of Mr. Riley is present for
everyone to view on the North Rim of our valley. Without permission or permit,
he bulldozed a rough road into the hillside to show the potential buyer he could
have a road to the property he was selling.
I believe it is in your mission to hold Mill Creek Village to the standard that
is reflected in the codes. There must be more definition. For example:
In Millcreek Village Declaration of Covenants, Conditions and Restrictions:
Article 4 Use Standards
1. Residential Lots:
b. Maintenance of Property. "Each lot and the improvements erected thereon
shall be kept and maintained in a proper, neat, and orderly manner and in
good repair by the Lot Owner thereof, and shall be used and enjoyed in a
manner that promotes common sense and respect for other Lot Owners,
Tenants and Residents."
If the present maintenance of the property is any indication of the definition of
this clause the City of Moab must demand a higher standard. The property still
has live gas meters above ground, remnants of the relic trailer court. I was
personally present when an unsuspecting driver drove over one of these meters
and broke it off. The safety of neighborhood was seriously jeopardized while the
gas company hastened to stanch the problem. I personally watched Mr. Riley
and his son remove the concrete from around the property last Christmas holiday
and stack it along Powerhouse Lane. These stacks of concrete are still where
they left them seven months ago. There is an abandoned bathtub, stove and
toilet adjacent to Tom Johnson's property. Is this the meaning of proper, neat,
and orderly showing common sense and respect for others?
i. Landscaping. "Any major landscaping renovations and/or the removal of any
tree 6" in diameter or larger must be approved by the Design Review Committee.
No invasive plants shall be planted. A combination of low water, native plants
and/or edible landscapes is encouraged."
I am a Licensed Landscape Contractor and Landscape Designer. This clause
could not be more vague. What are the criteria here for landscaping other than
Page 71 of 110 4_2
encouraging Lot Owners to do it? I know from experience that when
homeowners get to the end of their projects unless they plan from the start, bond
or save money for the landscaping it will get overlooked and possibly never
installed. The City of Moab can ask for a more complete vision from the MCV
developers.
The statement in the Environmental Analysis produced by Russell
Planning & Engineering under "Prevention of !Needs and Debris: Construction
debris will be managed with dumpsters. Weed growth during construction will be
minimal since denuded areas will be landscaped." Does this statement merely
dismiss the sad current state of the property? It is currently full of weeds. Does
this statement mean that the property will be cleared of all weeds prior to
construction? And kept clear throughout the project? If so it is not expressly
stated. Moab Planning Commission has the power to require something here.
Article 9 Miscellaneous
9. Release and Indemnity. "By accepting a deed to a Lot (whether or not it
is expressly stated in the deed), each Lot Owner agrees to indemnify and hold
harmless MCV and its members, agents, officers, employees, contractors,
successors and assigns of, from and against any and all losses, damages, costs,
expenses or liabilities related to or arising in connection with, any claims, actions,
liability, suits or demands of or by the Lot Owner or its family members or
Residents for any disturbance, inconvenience, noise, nuisance, personal injury,
sickness, death, property damage or other risk resulting from, or associated with,
the development, construction, use, maintenance and operation of Mill Creek
Village, including without limitation, any of the professional services, activities,
occurrences, conditions, state of facts, events or situations related thereto."
If Andrew and Bijan Riley, as owner, member, developers are not to be
held liable, then who is? I would like to point out that in a Limited Liability
Company the owners are liable to the extent of their investments and to
expressly indemnify and hold them harmless is a disservice to the future Lot
owners of MCV and the City Of Moab.
10. Rules and Regulations: "The Association may adopt reasonable Rules
and Regulations of uniform applicability ("Rules and Regulations") relating to
Architectural and Construction Standards and such other matters as shall be
deemed necessary or appropriate from time to time. The initial Rules and
Regulations shall be adopted by the Executive Board and shall be amended by
the affirmative vote of two-thirds (2/3) of the Members of the Association. Rules
and Regulations shall not be recorded. However, it shall be the responsibility of
each Member of the Association to be aware of the current Rules and
Regulations and to abide by the same."
Page 72 of 110 2
If there are Rules and Regulations at this time, they should be provided
now, especially as they relate to Architectural and ConstrucW Standafft IfOloy
are not available the City of Moab can require these design standards to be
planned, known, and divulged to the adjacent property owners for review and
comment before approval is given.
The neighbors surrounding Mill Creek Village want to see a project that is
successful and are trying to bring relevant issues to the planning Coma ion.
We do not deserve an "Unplanned Development." MCV has not provided "a
better living environment than is possible to achieve by developing on a lot -by. -lot
basis." I ask that the Planning Commission not allow this greater density of
homes on Mr. Riley's RA-1 and R-2 zoned property until he fulfills the criteria for
a Planned Unit Development.
Thank you for your time and commitment to the residents of the City of Moab,
yle eyher,
djacent Property Owner
Page 73 of 110 4_2
Tom Johnson
1389 Powerhouse Lane
Moab, Utah 84532
tomas@sisna.com
July 21, 2011
City of Moab Planning Commission
217 East Center Street
Moab, Utah 84532
RE: Mill Creek Village PUD
Dear Planning Commissioners,
Thank you for your ongoing consideration of the Mill Creek Village PUD (MCV) and your
willingness to continue receiving comments.
By asking for qualification as a PUD, a developer is rewarded with greater density in exchange
for demonstrating higher design standards, planning cohesiveness, and enhanced living
environments than are regularly associated with a traditional subdivision. As far as I can see, the
MCV plan proposes little more than establishing the flood plain as open space (where building is
not allowable anyhow) as its contribution toward PUD qualification. Other than that, it's a high -
density subdivision without substantive design considerations. If MCV seeks PUD qualification
it should demonstrate cohesive design standards and planning that add to a better living
environment for the project residents and neighbors. If the developers are unwilling to do this,
they should consider making application as a subdivision under the applicable zoning.
Nowhere are the design standards and the `look' of a development established and set more than
in the CC&Rs. At the July 14 Planning Commission meeting the developer stated that the
CC&Rs were intentionally written to be `mutable.' In other words they can be changed at any
time and for any reason. That isn't good design criteria for qualification as a "planned" unit
development.
The MCV CC&Rs spend very few words establishing design criteria. They merely ask that
individual lot owners `endeavor' to conform to the natural surroundings and other structures. In
their emphasis on preservation of viewsheds, the developers ask owners to be as considerate as
reasonably possible in recognizing the importance of viewsheds to present and future neighbors.
But these standards are far too vague to be enforceable. As such MCV is more like a standard
subdivision where anything goes than it is a `planned' unit development striving for cohesive and
enforceable design standards.
4-2
Page 74 of 110
Since the developers have already identified viewshed preservation as a primary goal, I'd like to
ask the Planning Commission to consider imposing a condition on MCV that limits the height of
buildings to one story above grade, and limits roofs to low -pitch or flat roof styles. Most of the
lots in MCV offer little latitude as to placement of homes (with respect to view disturbance) due
to the small lot sizes and applicable setbacks. What could satisfy this viewshed objective would
be lower rooflines. Limiting structures to one story above grade would reasonably fulfill the
stated viewshed objectives and create a more cohesive development appearance if all the
structures matched this standard. Because this is a clearly stated goal of MCV, the developer
should not object to this condition.
The proposed 11A and 11B duplex lot does not contribute to a better living environment for
MCV residents or for adjacent properties. Squeezing in an extra duplex building site behind
another one is inconsistent with the development's other proposed lots and adjacent properties. l
have learned that the Planning Commission has the latitude to approve, or deny approval (if
deemed to be incompatible with the neighboring lots and properties), of `flag lots' such as this
under PUD code. I encourage you to consider asking the developers to merge Lots 11A and 11B
into a single building lot instead of approving a duplex building site at this location. If several
duplex lots are necessary for the developer's success, a far more sensible place for them would
be the interior area between Dream Drive and Powerhouse Lane where adequate road frontage
could be provided.
Thank you for your efforts towards enhancing Moab community planning. A beautiful
development of the MCV property would be a tremendous credit to both the developers and to
the City of Moab.
Sincerely,
Tom Johnson / by email
Neighboring property owner
Page 75 of 110 4_2
RECEIVED
JUL t 12011
CITY OF i411O,48
viq ema�l
Tom Johnson
1389 Powerhouse Lane
Moab, Utah 84532
tomas@sisna.com
July 11, 2011
City of Moab Planning Commission
217 East Center Street
Moab, Utah 84532
RE: Mill Creek Village PUD
Dear Planning Commissioners,
Thank you for the opportunity to comment on Mr. Andrew Riley's proposed Mill Creek Village
PUD (MCV). I affirm Mr. Riley's right to develop his property, but would like to see it done
responsibly and professionally within the guidelines of the Moab City codes. I would like to ask
for your consideration of some alterations to the MCV Preliminary Plat and CC&R's before
allowing Mr. Riley to proceed further. I think that these alterations are in the best interest of
achieving the intent of Moab's PUD ordinances, greater harmony with Mr. Riley's neighbors,
future MCV residents, and the health, safety, and welfare of Moab citizens.
1— Preliminary Plat Revisions for Incompatible Lots
In the MCV CC&R's (Recitals section, and again in Article 3, Paragraph 1) the PUD is described
as comprising 21 residential lots of which 2 are `twin -home lots'. However the submitted
Preliminary Plat shows 23 residential lots of which 3 are twin -home lots. Either the Plat - or the
CC&R's (and Project Narrative) - require revision.
One of these twin -home lots, Lot 11-B, is profoundly out of compliance with the R-2 Zone in
which it is located and provides inadequate frontage and access as a building site. Lot 11-B tucks
a building site behind Lot 11-A by creating a 20' neck of connection to Dream Drive and no real
frontage at all. Whether this lot is ultimately built as a stand-alone site, or as a duplex it generates
potential health, safety, and welfare problems for Moab City, neighbors, and future residents. I
don't think that the PUD codes should be misused to exempt adequate frontage for a house and
tuck one lot behind another. Lot 11-B is inconsistent with the rest of subdivision, zoning codes,
and adjacent properties. The neighboring properties have single-family lots of %2 and 1% acre in
size. The RA-1 Zone on which most of MCV sits requires minimum lot sizes of 1 acre. By
applying for a PUD Mr. Riley is asking for approval of 23 lots instead of the 8 lots allowed under
RA-1. I believe that this proposed lot division is an abuse of the PUD option. If there is a real
need to create twin -lots there are better places in the proposed subdivision to do so and ways that
4-2
Page 76 of 110
result in adequate frontage on an access road rather than creating such substantially inappropriate
lot divisions.
I request that the Planning Commission ask the developer to revise the Preliminary Plat and combine
the proposed Lots 11-A and 11-B into a single lot that comes closer to what is described in the MCV
CC&R's and closer to compliance with Moab City zoning codes for required minimum fronta e.
g
2 — CC&R Revisions to Accomplish Stated Goals
I fully support and appreciate Mr. Riley's stated general objectives in his MCV Project Narrative and
the CC&R's in which he seeks to promote "environmentally sensitive and energy efficient homes,"
encourages "green building techniques and both passive and active solar systems,"
proposes to
structures and natural surroundings as to external design, materials, siteing, height .. "protect the conformity and harmony of exterior appearance of structures with neighboring
preservation of aesthetic beauty" and the "preservation of viewsheds." .the
The problem with these commendable goals is that they are not backed up by any specifics in the
CC&R's which are instead, general, vague, and ambiguous. Because of their lack of specificity the
will likely become impotent and unenforceable standards that promote divisiveness between lot Y
owners, the homeowners association, and Moab City that may result in costly lawsuits and end -
results that don't come close to matching the stated ideals. Attempts to enforce these vague
objectives will likely be seen as being arbitrary and capricious by the Court if challenged because
they lack specific details commonly seen in successful CC&R's.
If preservation of viewsheds is truly desired as a goal, the best way to accomplish this would be to
include a design standard in the CC&R's that prohibits more than one story above grade. MCV is
proposing shoehorning 23 lots into 4.44 acres of area, which comprises average lot sizes of .19 acres
(less than 115 of an acre). With red rock views in all directions any two-story houses would t
disru
the viewshed for many homesites and multiple two story structures could disrupt the views for p
everyone. I would encourage the Planning Commission to request that the MCV CC&R's be
amended to prohibit structures more than one story above grade so conflict of definition be addressed in the design standards. that this ambiguity and potential
If maximizing solar gain and energy efficiency is desired, a design standard that requires homes to
be longer along the south -facing sides than along the east -west sides, coupled with a standard that
required 40%-60% of the windows on the south sides would help to accomplish this and also add
cohesiveness to the PUD. Conversely, if homes are longer on the east -west sides than on the south
sides they absorb substantially more summer heat when cooling is required and substantially less
winter sun exposure when solar heat gain is desirable.
If conformity and harmony of exterior appearances with the natural surroundings is wanted, the
CC&R's building standards need to be more explicit and less general. As presented, the goals
become unenforceable because they are too vague and open to anyone's interpretation.
Page 77 of 110 2
nyon
uld be a credit to
A cohesive and beautiful development at the mouth of Mill tyrant to do. Divosiveness and lawsuits
developer and to Moab City. This is what Mr. Riley say
regarding vague building standards are unnecessary and would be unrtunhatare unlikely to happen. I
ate for everyone
involved. As written, the design standards are mostly empty promises
's to be more
ask that the Planning Commission ask Mr. Riley to amend e hu�kaof ill your constituCV ency and help
consistent with his very commendable overall goals.
Mr. Riley to successfully achieve his stated objectives by converting vague language into solid
design standards.
3 — Potential Conflict of Interest / Moab City Liability
Christopher McAnany, has also represented Mr. Riley personally in
In the past Moab City Attorney,
municipal business and multiple lawsuits on the MCV property. On his website he identifies some of
his areas of practice as — Civil Litigation, Environmental Law, LanUtah."
� � With hisMunicipalnd areas of real d
Construction Law, as well "as City Attorney for the City of Moab,
estate expertise and past association with Mr. Riley, it seems quite likely that he has been involved in
drafting and advising him on the CC&R s.
CV
Since Mr. McAnany will be responsible for reviewing and advising oab City on it's reasonable for the PlanningC&R's
and many other aspects of MCV (bonding, compliance, ),
Commission to ask Mr. McAnany directly whether or nit�he�h{a� participated appropriate that the Planningin the
ation Commissionf
and legal representation on those documents. If he has,City on
Commission retain independent counsel in reviewing the C&R's an the icingdevelMoab per'sand the City .
It is a probable conflict of interest for Mr. McAnany torepresent
Moab's interests on this project. Those interests are clearly not the same.
ts, often
For almost 20 years this property has been plaguedfor resolutionalt isby multiple lnot diffi u t to imagine more
e result of vague
and ambiguous agreements that ended up in Co
urt of this. If future lawsuits about ambiguities and performancesubstantially weakened and theirliabil liability
easily e
brought into it. If this happens, their case could b
exposure heightened if they knowingly allowed Mr. Riley's personal attorney to also represent the
City.
4 — Compliance with Planning Commission Action Item 08-0119
em
On September 2512009 the Moab City Planning Commission
lots unanimously
shall meetthe red A do nIt of
Og-0119 which stipulates that "All further development
Code Chapter 16.20" and "any access to Lot 2 (the sounject property
stre s constructed tog current adoptedr
Lot 3 shall be provided by a dedicated right-of-way paved
design standards unless modified by the City Council•concerned
looked wieth
in
Code
Chapter 16.20 and the requirements for dedicated streets are possibly being over
the Plat Plan, the CC&R's, and by the designation of Dream Drive as a private road.
Page 78 of 110 4-2
5 — Environmental Analysis / Weed Prevention
The MCV Environmental Analysis prepared by Russell Planning & Engineering states — "Weed
growth during construction will he minimal since denuded areas will he landscaped. A landscape
contractor paid for by the Homeowner's Association will perform maintenance upon completion. "
The MCV property is now, and has been for many years, a constant weed patch. It will likely be a
long time and several phases of construction before all of the utility and road infrastructure is
completed and approved, when lots can legally be sold, built on, and finally landscaped. If weed
control has to wait until completion of all finished landscaping, an unsightly and problematic mess
will be present for many years to come.
The weeds that are presently growing (as well as previous year's dead weeds) in the proposed lots,
roads, and common areas need to be dealt with now and on an ongoing basis until completion of the
finished project. As a neighbor affected by next -door weed problems, I request that immediate
remediation of the present weed problem (and ongoing treatment) be a condition of moving ahead
with the MCV PUD.
6 — Compliance with Moab City PUD Codes
I am concerned about the workmanship and timeliness of the physical development of the MCV
property. As far as I know Mr. Riley has never developed property before and this will be his first
residential subdivision with utility and road infrastructure installation. There is a lot of complicated
and expensive choreography involved in this. What I would like to see avoided is a situation in
which a huge mess is created and allowed to remain that way for an extended period of time. I'd hate
to see another Portal Vista fiasco in which Moab City development codes (performance guarantees,
violations, approvals, default, and releases as called for Moab City Code 17.66.180, .190, .200, & .
220) are not adhered to.
I request that the Planning Commission expressly direct staff to require adherence to the relevant
Moab City development codes, and close monitoring of the MCV project as it proceeds.
Thank you again for the opportunity to make these comments. I very much appreciate your voluntary
and thoughtful efforts in trying to make Moab a better, more planned community.
Sincerely,
Tom Johnson / by email
Adjacent Property Owner
Page 79 of 110 4-2
David Barry
P.O.Box 680224
Park City, Utah 84068
dv.barryl@gmail.com
July 27, 2011
City of Moab Planning Commission
217 East Center Street via email: sommar@moabcity.org
Moab, Utah 84532
Re: Mill Creek Village PUD
Dear Planning Commissioners,
Thanks for this opportunity to provide my written public comment as part of
the Public Hearing scheduled for July 28, 2011 concerning a proposed Planned
Unit Development located at approximately 1289 Powerhouse Lane in the RA-1
Residential Agricultural Zone.
I have previously provided comments on this PUD application in a letter to you dated
July 12, 2011. I want to supplement those comments with a few additional ones.
1. This application is essentially a small lot subdivision which is being processed
under the Planned Unit Development code. That does not exempt it from full
compliance with such code. Specifically I am referring to 17.66.090 #5. This requires
the application to show the "Position of all buildings and structures to be constructed
in the development. Also the design of the dwellings shall be shown, accompanied by
estimates of the cost to purchase or rent." Excluding the open space parcel, this PUD
application is proposing a minimum of 23 residential structures to be built in a 4.4
acre area. That is 5.22 units per acre density. How many total buildings are approved
for the development, what the buildings look like, and how they are situated on the
site and in relation to each other is crucial to the success or failure of a development
of this density. That is an essential component of a Planned Unit Development,
defining where the units -structures- are located, what they look like, and the total
number allowed.
2. The designated open space parcel consists of all the property which is located in
the FC-1 zone. The FC-1 zone does not allow any structures of any type, therefore
that land has been and always will be unbuildable land. It already is permanent open
space.
3. The trails do not allow public access because they only connect to the private street
4-2
Page 80 of 110
David Barry
P.O-Box 680224
Park City, Utah 84068
dv.barryl@gmail.com
July 12, 2011
City of Moab Planning Commission
217 East Center Street via email: sommar@moabcity.org
Moab, Utah 84532
Re: Mill Creek Village PUD
Dear Planning Commissioners,
Thanks for this opportunity to provide my written public comment as part of
the Public Hearing scheduled for July 14, 2011 concerning a proposed Planned
Unit Development located at approximately 1289 Powerhouse Lane in the RA-1
Residential Agricultural Zone.
After a careful evaluation, it is my position that this PUD application cannot and
should not be approved by you at this time. It is substantially incomplete. There are
too many major issues concerning non compliance with the applicable city codes
which are unresolved at this time. These issues must be resolved satisfactorily and in
full compliance with the city codes before this preliminary PUD application can stand
for approval by your Planning Commission.
I have reviewed the proposed development application that was posted on the city's
website, along with additional materials provided by other parties, as well as the
FEMA information/maps and Moab City Codes provided by the city's website. My
entities own the lands which border this proposed development on it's west (R-
2 zoned) and south (RA-1 zoned) sides. I have the following comments for your
consideration.
A.) Chapter 17.66.090 of the Moab City code states "The preliminary plan
shall be drawn to a scale not smaller than one inch equals one hundred feet,
or as recommended by the zoning administrator, and shall show the following
information:" and then lists items 1 — 25. It appears that the following items from that
list were not addressed:
#3. Name and address of petitioner; a current deed and abstract of title or an
ownership and encumbrance report showing the record title holder and all liens
and encumbrances affecting title. This was not included.
Page 81 of 110 4_2
#5. Position of all buildings and structures to be constructed in the development.
Also the design of dwellings shall be shown, accompanied by estimates of the cost
to purchase or rent. No buildings, or structures are shown on the plan, neither are
the building pads or specific locations where the buildings are to be located shown.
No designs of the dwellings are shown, nor are any costs of purchasing or renting
such dwellings given.
#18. Existing and proposed canals and waterways, public utility lines and
easements, etc. No existing gas mains or yard lines are shown on the plan, although
they are on the property and in the vicinity. Not all of the existing utility poles along
Powerhouse Lane are identified, and the utilities which are carried on such poles are
not fully identified. The proposed location of sewer, water, electricity, gas, cable, and
telephone are not shown on the plan. Additionally, the Project Narrative states "A
gravity flow irrigation system will provide Moab Irrigation Co. water to all lots."
There is nothing in the plans which show the location or description of this irrigation
system.
#19. Proposed sewage disposal facilities, #24 Location and size of sewers. No
new sewers are shown on the plan at all. Based upon the topographic information
provided, and the inverted elevation of the sewer manholes on the existing sewer
main in Powerhouse Lane, it appears that lots 3, 4, 5, 14, 15, 16, 17, 18,19a, 19b,
20, will not be able to gravity feed into the sewer main in Powerhouse Lane. What
solution will be utilized to lift the sewage from these lots up to the sewer main in
Powerhouse Lane?
#20. Existing and proposed storm drains, bridges and other storm water
management measures. No storm drain system is shown on the plan for either
Dream Drive or Powerhouse Lane. The plan does not show the 100 year flood plain
or zone X, which are located next to but outside of the FC-1 zone. Parcel B which is
designated as the only detention basin on the plan, clearly is located within the 100
year flood plain — which the Environmental Analysis incorrectly states "is located
outside the 100 year flood plain.". It is important to note that portions of lots 15, 16,
17, 18, 19a, 19b appear to lie within the 100 year flood plain (FEMA zone AE). The
balance of those lots and lots 20, 3, 4, 5 as well as Dream Drive appear to lie within
FEMA zone X.
#22. Tentative location and size of water mains. No water mains or distribution
system are shown on the plan.
B.) 17.66.100 - C. The agreement required here was not included in this PUD
application posted by the city on it's web site.
C.)Flood Way and Flood Plain. Parcel A, which is the designated open space,
is also being touted as a recreational amenity for the development. This parcel is
Page 82 of 110 4_2
entirely within the FC-1 zone and is designated as the Flood Way. Moab city code
Chapter 17.33 governs this zone. Particular attention should be paid to the provisions
under 17.33.040. Most of Parcel A currently consists of dense brush with many large
trees scattered throughout. The utilization and management of this parcel under the
proposed development must insure that it always complies with all provisions of
Chapter 17.33.
The plan does not show the 100 year flood plain or zone X, which are located next
to but outside of the FC-1 zone. Parcel B which is designated as the storm water
detention basin on the plan, clearly is located within the 100 year flood plain. It is
important to note that portions of lots 15, 16, 17, 18, 19a, 19b appear to lie within
the 100 year flood plain (FEMA zone AE). The balance of those lots and lots 20,
3, 4, 5 as well as Dream Drive appears to lie within FEMA zone X. Therefore, all
provisions of Moab City code Chapter 15.40 Flood Damage Protection should apply
to this development proposal and should be complied with.
D.) Powerhouse Lane. Powerhouse Lane from the Millcreek Drive intersection to
the city limits on the east side of this proposed development is approximately 15 feet
wide. It is used daily by many pedestrians and bicyclists, as well as many vehicles, to
access the Power Dam area where the road dead ends. It does not make sense to
increase the permanent traffic with this development on this narrow road without
increasing the width of the road. This should be a major consideration in determining
if this development is appropriate.
The plan shows an "Existing 50' Wide Public Access and Utility Easement" running
contiguously with the southern boundary of the development. Powerhouse Lane, the
existing sewer main and existing water main are located within this area. All of lots 1,
9a, 9b, 8, and part of 10 front Powerhouse Lane and this area. The two ends of Dream
Drive intersect Powerhouse Lane within this area.
On September 25, 2008, the Moab City Planning Commission acting on action item
08-0119, approved the final plat of the Power House Lane Subdivision, Addition 2.
Condition #1 of that approval stated "All further development on lots 1 — 3 shall meet
the requirements of Code Chapter 16.20." This Mill Creek Village proposal is on lot 3
of that plat. Clearly it must comply with all of the requirements of Chapter 16.20.
Under 16.20.050 Street Improvements item I: All streets within the city shall be
improved with pavements bounded by integral concrete curbs and gutters to an
overall width in accordance with the standards, rules and regulations adopted by
the city council. L: Stormwater inlets and catchbasins shall be provided within the
roadway improvements at points specified by the city engineer. T: The subdivider
shall install curbs, gutter, and sidewalks on existing and proposed streets in all
subdivisions....
Given these requirements, the fact that the developer will be tearing up Powerhouse
Lane to make sewer, water and other utility connections with existing mains and
Page 83 of 110 2
lines, as well as the street connections for Dream Drive, and the existence of the 50'
Wide Public Access and Utility Easement, it is obvious that this development should
be required to improve Powerhouse Lane to at least the minimum width used for
Dream Drive, and include curb, gutter, and sidewalks on both sides of the street, for
the entire length of the 50' Wide Public Access and Utility Easement. Also this
section of Powerhouse Lane must be fully incorporated into and served by the storm
water drainage system servicing the entire development. The front setbacks for lots 1,
9a, 9b, 8 and 10 facing Powerhouse Lane should be 25 feet minimum.
E.) CC&Rs. If these were prepared by and/or reviewed by an attorney licensed
to practice in the state of Utah, then the name and address of such attorney should
be disclosed on the document. Overall these CC&Rs are vague and unclear, lack
many important components, and are sometimes self contradicting. Used for this
development, they most likely will result in a project mired in ongoing conflicts
between the developer, the lot owners and the city. There are several issues which I
think need to made unambiguously clear in the CC&Rs:
1 Use. Each lot can only be used for the construction of a single family dwelling,
except for lots 9a, 9b, 11 a, 1 lb, 19a, 19b which lots can be used for the
construction of a twin home, or if such lot is combined, a single family dwelling.
No temporary structures of any kind, trailers of any type, or any vehicles,
campers, RVs, or tents are allowed to be placed on a lot for any residential uses
or camping. All lots must be kept weed free, and no junk, garbage, or disabled
vehicles shall be allowed to be stored on any lot.
2. Leasing. No vacant lot shall be rented or leased to another party by it's owner.
Only the improved structure built on any lot can be rented or leased by it's owner
to another party. No rental or lease of any structure shall be for less than a period
of 30 consecutive days. No overnight rentals shall be allowed.
3. On Street Parking. Prohibited at any time: unregistered or inoperable vehicles,
trailers of any type, campers, RVs, any type of commercial vehicle. All vehicles
are limited to a 15 consecutive day period to be parked on the street.
4. Off Street Parking. Each lot shall be required to have a 2 car enclosed garage
attached to the dwelling structure built upon such lot. In addition a hard surface
two car driveway shall also be included in the construction of each dwelling upon
each lot. No trailers of any type, campers, RVs, or commercial vehicles shall be
parked on any lot or driveway at any time.
5• Animals. Each lot shall be allowed to have only personal pets, provided such pets
are not disruptive, a nuisance, or threatening to any other residents in MCV. No
horses, livestock, breeding, or any type of animal husbandry shall be allowed
within the MCV development.
6. Common Space Parcel A. This is the designated open space. It also is the
Floodway zoned FC-1, and is governed by the Moab City Code Chapter 17.33.
No subdivision of this parcel shall be allowed for any reason. No overnight
camping or use is allowed. No motorized vehicles of any type are allowed in this
area except for maintenance as authorized by the Homeowners' Association or
4-2
Page 84 of 110
Moab City. No animals shall be housed or kept in this area.
7. Firearms and Fireworks. No firearms or fireworks may be discharged anywhere in
the MCV development.
8. Drainage. Every lot shall contain within the boundaries of such lot, all storm
water and irrigation water discharge generated upon such lot, and only dispose of
such water into the storm drain system for the MCV development. No lot shall
discharge stormwater or irrigation water runoff onto another lot, or any common
areas except the storm drain system for the MCV development.
9. Manaizement of Common Areas. What exactly the common areas are must be
defined — Parcel A, Dream Drive, the storm drain system, what utilities, etc. as
well as the management of such common areas.
10. MembershipNotine. Each lot has only one membership interest and one vote in
the Home Owners' Association.
In addition to the above stated issues, the architectural control guidelines are not
specific at all. Due to the high density of this development, the topographic issues of
the property, the floodway and floodplain issues, and storm water runoff and drainage
issues, the need for the plan to fully comply with 17.66.090 45 is obvious. "The
plan must show the Position of all buildings and structures to be constructed
in the development. Also the design of dwellings shall be shown, accompanied
by estimates of the cost to purchase or rent." None of that information is shown
on the plans. This is a key component in the PUD concept and process necessary to
determine if the development is viable, and insure that if approved the development
fulfills the plans and specifications of the approval, as well as to prevent the failure of
the development.
The city must have competent legal council reviewing and advising it as part of
this process. The CC&Rs, bonding, open space covenants, development agreement,
and compliance with the city code are some of the critical issues which an attorney
representing the city must provide advice on. I would suggest that the city use an
attorney with no current or previous relationship to the applicant Andrew Riley, to
avoid any conflicts of interest - real or apparent — which could cause liabilities for the
city in the event that this development runs into problems.
F.) Code Compliance. The Project Narrative states "This project will be divided
into three phases, phase one will have the infrastructure in place and functioning by
mid -summer of 2011 allowing property owners to begin constructions at that time."
Section 17.66.170 requires the initial stage (phase one) shall cover not less than 2.5
acres. Insuring that requirement is met along with insuring that the development is
functional as phase one only is crucial. Full compliance with all Moab city codes is
critical to the success of this development, including 17.66.100, 17.66.180, 17.66.190,
17.66.200, 17.66.220, 16.20.060 which all concern performance agreements, bonds
and covenants to insure developer compliance with the city codes, the approved
development plans, and full and final completion of the project.
In conclusion, there are many important issues which must be resolved before this
Page 85 of 110 4-2
development application can meet the Moab City Codes and be considered for
approval by your Planning Commission.
Thank You.
Dave Barry /via email
Page 86 of 110 4_2
E-I E
JUL 12 2011
CITY OF &IMAPI.
Nancy J Williams
1273 Powerhouse Ln
�:�oab, UT 84532
��w
-3,
Page 87 of 110 2
Karissa Thomas
1273 B Powerhouse Lane
Moab, Utah 84532
July 13, 2011
City of Moab
Planning Commission
217 East Center Street
Moab, Utah 84532
Dear Planning Commissioners,
Thank you for the opportunity to express some of the concerns that I have regarding the
Mill Creek Village PUD proposed by Mr. Andrew Riley. I would like to respect the Mr.
Riley's rights as a property owner, though I feel that this project has not been thought
through properly.
The developer states an intention to encourage green building, environmental sensitivity,
and view -shed preservation. Looking at the proposed plat and CC&R's I have a hard
time understanding how this will be accomplished. With many small lots clustered
together the commendable goals of the developer become challenging.
Solar energy is not required anywhere I see, though mentioned several times. Yet the
possibility for troubles between neighbors blocking each others sun seems to be great in
this project. Buildings, fences and vegetation on one lot can reduce the solar gain on
close, adjacent lot. What does it mean to "encourage" owners to utilize green building
techniques? The CC&R's do not address this.
Mr. Riley states a desire to be environmentally sensitive, yet the plans do not appear to
respect the many mature trees on the property. When I am on location I have a hard time
imagining that there will be many trees left on the property when it is developed. I do not
see any indication that the trees were mapped and figured into the design.
This property has been filled with debris and weeds from many years. I question the
ability for the prevention of weeds and debris stated in the Environmental Analysis.
When talking about fire protection, I wonder if the developer intends on having the land
along the creek, which is filled with invasive trees/plant and much dead brush, cleaned
before construction begins. Will the HOA be required to keep these lands free of
noxious/invasive species? I believe there should be language directing such. With eight
lots bordering on the creek/common area, there should be ample concern for fire.
The condition of Powerhouse Lane is quite marginal and narrow. The road is heavily
used to access the canyon, creating safety hazards due to the condition of the road as well
RECEIVED
Page 88 of 110 a n -^A's 4 2
as the reckless driving and speeding that the straight road leading to gravel encourages. I
believe this should be taken into consideration when thinking of increasing traffic with 23
additional home sites. Will the developer be required to improve Powerhouse Lane from
Mill Creek Drive? If not, it does not make sense to have a 10' wide, pot -hole filled road
service the area between Mill Creek Drive and the proposed development.
My biggest concern is that Dream Drive is placed adjacent to my property. I am strongly
concerned as to how this will affect my property. Aesthetically, I find it insulting. The
sound and light pollution would be tremendous, especially if I am limited to a 4' fence.
My setback requirements would drastically increase. I would like to ask that as a
condition of approval that there is a 10-15' green belt placed between my boundary and
the sidewalk with large, full plants placed along it.
All -in -all, I find this project to have many faults. I have further questions regarding the
sewer system, the flood plain, the safety of having many houses accessed by one main
road (Powerhouse Lane), and more.
Thank you for your time and consideration. I will see you at the public hearing.
Karissa Thomas
Page 89 of 110 4-2
DATE: July 18, 2011 N
TO: Planning Department, Y Cit of Moab - C
FROM: Maggie Corson
RE: Mill Creek Village PUD, 1289 Powerhouse Lane
I am taking the opportunity of the extended Public Hearing to put into writing the comments
I made to the Planning Commission at the July 14, 2011 Hearing.
For the record, I was a member of the Powerhouse Homeowners Association, consisting of
the trailer owners in Powerhouse Lane Trailer Park, which --not so long ago --attempted to
buy the property in question and establish a village of small, green low-cost homes. Thus,
I have an historical interest in what happens on this property.
Now I live in Portal Vista Planned Unit Development, which gives me another perspective
on Mr. Riley's proposed PUD for the Powerhouse property. Living in a community which
is governed by original basic documents, I want to point out how important these are to the
future of those who live in the community. The Covenants, Conditions & Restrictions
(CC&Rs) provide over-all guidelines and rules for life in the community, and the Bylaws
establish the homeowners' association which manages the communal property and, to
some estent, the communal life, of the community. I cannot emphasize too much how
important it is that these governing documents be well written. They need to be clearly
stated, free of inconsistencies, comprehensive and based on common sense. Or else the
future homeowners have problems with their own governence.
I realize that the City does not enforce the CC&Rs nor Bylaws, once they are in place.
However, the City is charged with protecting the welfare of residents and the City has the
opportunity at this time to weigh in on the impact these documents will have on the future
welfare of residents of Mill Creek Village. The City should review the PUD goveming
documents with this intent in mind before accepting the documents along with the plat.
At the July 14rh Hearing, Mr. Riley blithely asserted that the quality of the written CC&Rs
did not matter that much because the document can be amended by a 2/3rds vote of the
homeowners. I assume Mr. Riley has never had to attempt to amend a document requiring
a 2/3rds vote of everyone. In a PUD/homeowners association, one has to cope with
finding volunteers to run the organization, contacting non-resident homeowners, the clerical
work of setting up a election and --the biggest stumbling block--non-participation. It is not
easy to amend the goveming documents. It is hard. So it is very helpful to have them well
written in the beginning.
I would appreciate that you take this into account as you review Mr. Riley's proposed
documents that accompany this PUD request.
Thank you for your attention to this request.
Maggie Corson
P.O. Box 654
Moab UT 84532
Page 90 of 110 2
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Page 94 of
4-2
CITY OF MOAB
PLANNING RESOLUTION NO. 12-2011
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT FOR THE MILL CREEK
VILLAGE PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED IN THE RA-1 ZONING
DISTRICT
WHEREAS, Andrew Riley of Mill Creek Village, LLC, with offices at 1100 Sand Flats Road, Moab, Utah
84532, as the owner of record ("Owner") of an 8.82-acre tract of property in the RA-1 Zone has applied to
the city for approval of a 20-lot Planned Unit Development on said property; and
WHEREAS, the applicant provided the City of Moab with the necessary documents, plans and drawings
to complete the application for review of the preliminary plat of the proposed Mill Creek Village Planned
Unit Development ("Development') as required in Code Chapter 17.66.090-100; and
WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a
public meeting to review the proposal and review the Plat for compliance with the requirements for
Planned Unit Developments on July 14„ 2011; and
WHEREAS, the Commission, having considered public comment, Staff recommendations, and discussion
of the pertinent aspects of the development, determined that the Preliminary Plat of The Mill Creek
Village, PUD has met or can meet the requirements of Title 17 of the Moab Municipal Code; and
WHEREAS, upon review of the merits of the proposal the Commission has found that:
1. The proposed development will provide a more pleasant and attractive living
environment than a conventional residential development,
2. That the proposed development will create no detriment to adjacent properties
nor to the general area in which it is located; and that it will be in substantial
harmony with the character of existing developments in the area,
3. That the project will provide more efficient use of the land and more usable open
space than a conventional development permitted in the surrounding area,
4. That increased densities allowed within the proposed planned unit development
will be compensated by better site design and by the provision of increased
amenities and recreational facilities, and
5. That the development will not create increased hazards to the health, safety or
general welfare of the residents of the proposed planned unit development or
adjacent areas.
NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of
Resolution No. 12-2011 conditionally approves the submitted Preliminary Plat of The Mill Creek Village
PUD with the following conditions:
1. The applicant shall continue to work with city staff to determine a trail easement on the
property.
2. The issue of the Powerhouse Lane right-of-way shall be clarified by the City Attorney.
Kelly Thornton Date
Chair
pAplanning department\2011\pc resolutions\I2-2011 mill creek village pud prelim.dau
Page 95 of 110 2
G��Y bfi
City of Moab
Planning and Zoning Department
Correspondence
MOAB
August 4, 2011
To: Honorable Mayor and Members of Council
From: Planning Staff
Subject: Approval of a Subdivision to Create an Additional Lot in the
Sunrise Hills Subdivision as Submitted by Richard Beckstrand
Background
Lot 10 of the Sunrise Hills Subdivision consists of 17,871 square feet and the owner is
requesting a subdivision of the lot into two parcels; one consisting of 5,680 square feet
and the other 12,191 square feet. The intent is to construct a twin home on the lots.
The property is located in the R-2 Residential Zone and twin homes are an allowed use
when done in tandem with a subdivision for the townhome ownership. The proposed
lot(s) exceed the dimensional requirements of lot width (10,000 square feet) and lot
frontage (85 linear feet).
What is labeled as Lot 10B on the plat is larger because a portion of adjacent property is
owned by the Bureau of Land management and effectively serves as a wedge of about
3500 square feet into the property. The applicant is working to correct this situation.
Discussion
The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a
subdivision to occur on property without a public hearing before the Land Use Authority
if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are
located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
4-3
Page 96 of 110
City Council
PL-II-202
6eckstrand Subdivision
Sunrise Hills Lot 10
(b) notice has been given to adjacent property owners in accordance with any
applicable local ordinance.
(3) Each request to vacate or amend a plat that contains a request to vacate or
amend a public street, right-of-way, or easement is also subject to Section 10-9a-
609.5.
(4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
The change in this section of state law effectively does away with minor subdivisions.
This application follows all of the requirements listed in state law and allows for a
subdivision to create additional lots on a minor level. The Moab Municipal Code will still
be in effect for large divisions.
pAplanning department\2011\correspondence\pl-II-202 cc beckstrand sub.docx
Page 97 of 110 4_3
Narrative of Subdivision Project
The property at 530 Doc Allen Drive, Lot 10 of the Sunrise Hills Subdivision, is a single lot consisting of
17,871 square feet. I am requesting division of this parcel to construct a twinhome. Lot 10-A will be
5,680 square feet and lot 10-B will be 12,191 square feet.
Although lot 10-B appears very large, the buildable portion of this lot is restricted by the continued
ownership of approximately 3,500 square feet by the Bureau of Land Management. This 3,500 square
foot parcel is located on the corner of Doc Allen Drive and Aspen Avenue and creates a large wedge in
lot 10-B.
Thank you for your consideration in this matter.
Page 98 of 110 4_3
tee - ,�1uu.uu plus ul:).uu per
amended lot or unit.
Receipt N
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a)
This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat
without a public hearing if the petition seeks to:
i. Join two or more of the petitioner fee owner's contiguous lots;
ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
iii. Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining
lots or parcels joins in the petition, regardless of whether the lots or parcels are located
in the same subdivision;
iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed
by the local political subdivision; or
V. Alter the plat in a manner that does not change existing boundaries or other attributes
of lots within that subdivision that are not:
(A) Owned by the petitioner; or
(B) Designated as a common area; and
vi. The vacation, alteration or amendment is approved by the Moab City Council; and,
vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed
by the City Council and recorded in the office of the county recorder in which the land is
located; and
viii. The document having satisfied all of the above conditions is to be recorded at the Grand
County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of
approval by the Moab City Council.
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Ellison
Date
Page 99 of 110
4-3
OWNERS:
Date
Date
State of + (ti )
County of G §
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On the —4 day of personally appeared before me
i G 61r X&N-Ya who duly acknowledged to me that they executed the same.
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OWNERS:
Date
Date
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On the day of _ , personally appeared before me
who duly acknowledged to me that they executed the same.
Notary Public
My Commission Expires: Residing in
Page 100 of 110
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Page 102 of 110 ^ _3
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-5121
FAx NUMBER (435) 259-4135
To: Honorable Mayor and City Council
From: Donna Metzler, City Manager �V_�
Date: August 2, 2011
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
KIRSTIN PETERSON
GREGG W. STUCKI
Subject: Letter of Agreement for the Communities that Care Program
............................................................................ .
In 2010, the City of Moab was presented with a "Memorandum of Understanding as to
the Funding of the Communities that Care Model and Coordinator Position Operating
through the Moab Teen Center by and Between the City of Moab and Four Corners
Mental Health" ("MOU"). This agreement implemented the City's commitment to the
Communities that Care Program and its financial and in -kind contribution to the
program. The MOU is attached. You might recall that this commitment entails a $1,000
monetary contribution and $5,000 in in -kind contributions. The Utah Division of
Substance Abuse provides $7,000 to the City to operate the program. The City
approved the MOU in May, 2010.
The City has been operating under this MOU, although it was never formally signed by
Four Corners Mental Health. Recently, Four Corners Mental Health presented the City
with a new agreement that implements the same terms and conditions as provided for in
the original MOU, except that the term is for one year versus three years, and the
budget and scope of work are separate attachments.
Since the agreement is essentially the same as what the City has already approved,
recommend approval of the new agreement, attached.
ADM-MEM-11-08-001
Page 103 of 110
-to d3
Q0Lk4AU1U AIU15 ,
MEMORANDUM OF UNDERSTANDING AS TO THE FUNDING OF THE COMMUNITIES
THAT CARE MODEL AND COORDINATOR POSITION OPERATING THROUGH THE
MOAB TEEN CENTER BY AND BETWEEN THE CITY OF MOAB ("CITY") AND FOUR
CORNERS COMMUNITY BEHAVIORAL HEALTH ("FCCBH")
RECITALS
WHEREAS, the Communities that Care (CTC) model is a nationally recognized program aimed
at reducing prioritized risk factors and enhancing prioritized protective factors for young people
in a given community; and
WHEREAS, the City operates the Moab Teen Center, which offers services for young people in
the Moab community; and
WHEREAS, the Moab Teen Center has available staff and other resources to implement the
CTC model in the City of Moab; and
WHEREAS, the Utah Division of Substance Abuse and Mental Health has agreed, through a
contract, to provide matching funds, payable to FCCBH, for all funds contributed towards the
implementation of the CTC model; and
WHEREAS, Grand County's Tobacco Prevention Program has agreed, through Memorandum of
Understanding, to provide funds, payable to FCCBH, towards the implementation of the CTC
model; and
WHEREAS, Four Corners Community Behavioral Health Center will administer Utah State
funds and Tobacco Prevention funds.
The parties agree as follows:
AGREEMENT
1. Financial Responsibilities. The parties hereby agree to contribute the following towards the
implementation of the CTC model:
• Moab City: $1,000 cash and $5,000 In -Kind ($3,000 = cost of space and utilities
@250/month for 12 months; $1,000 = supplies and equipment)
• FCCBH: $1,000 Tobacco Prevention monies
• Utah Division of Substance Abuse and Mental Health (through FCCBH): $7,000
matching grant
Said monies will be used to increase the Moab Teen Center Director position to cover time
allocated towards CTC coordination work. Said expenses may be used to pay for employee time
and benefits as well as trainings and supplies associated with the coordination and
implementation of the CTC model. Said expenses shall not include facility rent or utilities. The
City will cover all costs associated with rent and utilities already incurred by the Moab Teen
Center.
The parties agree that the monies contributed will, if funding is available, be renewed for two
additional years, for a total of three years. At the end of the three-year time period, scheduled for
Page 104 of 110 4_4
the parties will review this agreement and determine whether to renew the agreement. All
renewals shall be approved in writing by both parties.
DATED- this I I day of Mau,, 2010.
ATTEST: CITY OF MOAB, U H
By: 1--.
Rachel Ellison, City Recorder David L. Sakrison, Mayor
FOUR CORNERS COMMUNITY BEHAVIORAL HEALTH
By:
Jan Bodily, Executive Director
State of Utah
County of Grand
On the day of , personally
appeared before me , who duly
acknowledged to me that they executed the same.
My Commission Expires:
Notary Public
Residing in: Grand County
3
Page 105 of 110
LETTER OF AGREEMENT
Communities That Care; Moab City
1. PARTIES: This LETTER OF AGREEMENT is between Four Corners Community
Behavioral Health, Inc., P.O. Box 867, Price, UT 84501, (435) 637-7200, Fax, (435)
637-2377, hereinafter referred to as FCCBH, Inc. and The City of Moab;
217 East Center St. Moab, Utah 84532 435-259-5121; herein after referred to as
CONTRACTOR.
2. AGREEMENT PERIOD: This LETTER OF AGREEMENT is effective July 1, 2011
through June 30, 2012. This contract may be terminated in accordance with the
terms and conditions of this LETTER OF AGREEMENT. Either party may terminate
this LETTER OF AGREEMENT by sending written notice to the other party.
3. GENERAL PURPOSE OF AGREEMENT: This LETTER OF AGREEMENT defines
services to be provided by CONTRACTOR for the coordination and implementation
of the Communities That Care (CTC) Model in Moab City as described in
Attachment A.
4. AMOUNT: FCCBH, Inc. agrees to pay CONTRACTOR under the conditions set
forth in Attachment B for the coordination and implementation of the Communities
That Care (CTC) Model in Moab City.
S. TERMS AND CONDITIONS AND MUTUAL ACCEPTANCE: CONTRACTOR
represents themselves to be competent and willing to provide services for FCCBH,
as described in Attachment A. CONTRACTOR shall work as an independent
contractor and not as a FCCBH employee. CONTRACTOR agrees that all
information, records, and data observed incidentally, in the facilities or in other
ways in connection with this LETTER OF AGREEMENT shall be protected from
unauthorized disclosure. Access to such information shall be on a need to know
basis to provide for services provided by CONTRACTOR. CONTRACTOR further
agrees to sign a Confidentiality Agreement, a Conflict of Interest Disclosure form, a
Code of Conduct assurance.
6. ATTACHMENTS INCLUDED AS PART OF THIS LETTER OF AGREEMENT:
❑ Attachment A: Scope of Work and Quality Assurance
o Attachment B: Terms And Fees
DOCUMENTS INCORPORATED INTO THIS LETTER OF AGREEMENT BUT NOT
ATTACHED:
a) All other governmental laws, regulations, or actions applicable to services.
4-4
Page 106 of 110
ATTACHMENT A
SCOPE OF WORK AND QUALITY ASSURANCE
1. The Communities That Care (CTC) model is a nationally recognized program aimed at
reducing prioritized risk factors and enhancing prioritized protective factors for young
people in the Moab Community.
2. The CONTRACTOR operates the Moab Teen Center (Club Red) which offers services to
teens in the Moab Community.
3. The CONTRACTOR will ensure that the Moab Teen Center (Club Red) will have
available staff and other resources to implement the CTC model in the city of Moab.
4. The Utah Division of Substance Abuse and Mental Health has agreed, through a
written contract, to provide matching funds, payable to FCCBH, for all funds
contributed towards the implementation of the Communities that Care (CTC) model.
S. Administration of this Letter of Agreement- FCCBH and CONTRACTOR agree that the
Moab City manager and the FCCBH Prevention Coordinator will administer this
agreement.
6. CONTRACTOR agrees to support the Communities That Care (CTC) Model in Moab
City, in the form of 4 hours per week of allocated staff time.
Page 107 of 110 4_4
ATTACHMENT B
TERMS AND FEES
CONTRACTOR shall be paid within 30 days after invoice as provided for in
section C of this agreement.
2. Services outlined in this Letter of Agreement are contingent upon continued
funding from the Utah Division of Substance Abuse.
3. Control of Property- Each party to this agreement shall exercise control over its
respective property that is provided in fulfilling its obligations under this Letter
of Agreement. The parties agree that FCCBH shall have no responsibility or
liability associated with the operation of the Moab Teen Center (Club Red) or
the activities of the Moab Teen Center Program Director.
4. Funding will be used to increase the Moab Teen Center Director position's
time in coordination and implementation activities. Funding may be used to
pay for employee time and benefits as well as trainings and supplies
associated with Communities That Care (CTC) coordination and
implementation activities.
5. Funding outlined in this Letter of Agreement does not include funding for
facility rent or utilities. CONTRACTOR will cover all costs associated with rent
and utilities incurred by the Moab City Teen Center (Club Red).
6. Questions about payment or amounts due shall be directed to Jeanie Wilson
in the business office at 435-637-7200 extension #4.
7. Rick Donham FCCBH's Clinical Director and Prevention Coordinator will be
the contact person for this contract. 1-435-637-7200extension #1307.
Page 108 of 110 4-4
ATTACHMENT C
BUDGET
CATEGORY
Total Cost
Amount from
Amount From
Amount
State
City
From
County
Salary and Benefits
$3,551.00
$3,551.00
0
0
Equipment, program
$7,000.00
0
$6,000.00
0
supplies and other
costs
Travel and Training
$3,449.00
$3,449.000
$1,000.00
0
Expenses
SUBTOTAL
$14,000.00
$7,000.00
$7,000
0
Moab Ci
Page 109 of 110 4-4
FCCBH
FOUR CORNERS
COMMUNITY BEHAVIORAL
H EALTH
SIGNATURES:
]an Bodily, LCSW
Executive Director
Four Corners Community Behavioral Health, Inc.
David L. Sakrison,
Mayor of the City of Moab
Rachel Ellison
Moab City Recorder
(olZz f fl
Date
Date
Date
Page 110 of 110 4-4