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Home My Public Portal AboutPKT-CC-2011-10-24CITY OF MOAB October 25, 2011 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 2 of 66 Moab City Community Meetings October 2011 October 2011 S M T TFS November 2011 SMTW T F S 16 23 30 2 3 4 5 6 7 9 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 1 2 8 6 7 8 9 15 13 14 15 16 22 20 21 22 23 29 27 28 29 30 3 4 5 10 11 12 17 18 19 24 25 26 8 N d m `" U O io rn O N cc U O N m Nry V 0 Z 0 MYy V Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sep 25 26 27 28 29 30 Oct 1 2 3 4 5 6 7 8 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 GWSS4 9 10 11 12 13 14 15 12:30pm 2:00pm GCCOA 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBE N 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 6:30pm 8:00pm Moab PC 7:00pm 8:00pm CVFP 16 17 18 19 20 21 22 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 4:30pm 5:00pm 6:00pm 6:30pm 5:30pm GCHPC 6:30pm GCLB 7:00pm GCSDBE 8:30pm CVTC V 5:30pm 6:30pm MATCAB 23 24 25 26 27 28 29 12:00pm 12:30pm MTPSC 6:00pm 7:00pm GC PC 6:30pm 8:00pm Moab PC 6:30pm 9:00pm Moab CC 30 31 Nov 1 2 3 4 5 Moab Oty Recorder's Office 1 10/7/2011 11:08 AM Page 3 of 66 Moab City Community Meetings October December 2011 2011 November 2011 SMTW TFS December 2011 S M T W T F S 13 20 27 1 2 3 4 6 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 5 12 4 5 6 19 11 12 13 26 18 19 20 25 26 27 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 31 z 0 M a 0 z o z° N N 0 z M U o ❑ r N 0 Z 0 v o 8 o Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 30 31 Nov 1 2 3 4 5 3100pm 4:00pm GC Counci IQ 5:00pm 6:00pm MU Boa 7:00pm 9:00pm GC Counci 3:00pm 3:30pm 7:00pm 4:00pm GCSWSSD 4:00pm MARC 9:00pm GWSSA 6 7 8 9 10 11 12 4:00pm 6:00pm 6:00pm 7:00pm GCWB GCAB 12:00pm 2:00pm TRAIL 3:00pm 4:00pm GCSDBEN 3:00pm 3:30pm MVFPD 16:30pm 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 13 14 15 16 17 18 19 12:30pm 2:00pm GCCOA 3:00pm 4:00pm GC Counci 7:00pm 9:00pm GC Counci 5:00pm 6:00pm 6:00pm 6:30pm 6:30pm GCLB 7:00pm GCSDBE 6:30pm GCRSSD 8:30pm CVTC 5:30pm 6:30pm MATCAB 20 21 22 23 24 25 26 12:00pm 12:30pm MTPSC 5:00pm 6:00pm SEUDHD 6:30pm 9:00pm Moab CC 6:00pm 7:00pm GC PC 27 28 29 30 Dec 2 3 4 5 6 7 8 9 10 Moab City Recorder's Office 2 10/7/2011 11:08 AM Page 4 of 66 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, October 25, 2011 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 September 27, 2011 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATION SECTION 5: NEW BUSINESS 5-1 Consideration to Take from the Table Proposed Ordinance #2011-10 An Ordinance of the City of Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving an Application to Rezone Portions of the Red Rock Partners Property located at 61 North 100 West from C-2 and R-4 to C-3 5-2 Request to Send Proposed Ordinance #2011-10 — An Ordinance of the City of Moab Amending the Official City of Moab Zoning Map for the Purposes of Approving an Application to Rezone Portions of the Red Rock Partners Property located at 61 North 100 West from C-2 and R-4 to C-3 to Public Hearing 5-3 Acceptance of a Warranty Deed for Dedication of City Right -of -Way on a Portion of West Center Street 5-4 Approval of Proposed Resolution #19-2011— A Resolution Terminating the Agreement for the Provision of Billing Services by and between the City of Moab and Canyonlands Community Recycling 5-5 Approval of Proposed Resolution #20-2011— A Resolution Approving the City of Moab Parks Use Policy 5-6 Approval of Proposed Resolution #21-2011— A Resolution Approving a Fee Structure for City Parks and Other Facilities 5-7 Approval of Proposed Resolution #22-2011— A Resolution Designating Signatories for Moab City Funds SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 6 of 66 MOAB CITY COUNCIL REGULAR MEETING September 27, 2011 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Sarah Bauman, Kirstin Peterson, Jeffrey Davis and Gregg Stucki; Planning Director Jeff Reinhart, City Treasurer Jennie Ross, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Community Development Director David Olsen, Police Chief Mike Navarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Ellison. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen Ron Pierce led in the Pledge of Allegiance. Twenty-one (21) members of the audience and media were present. There were no minutes to approve. Under Citizens to Be Heard, Charlotte Mates inquired about the policy on sidewalk sales. City Manager Metzler cited restriction of city sidewalks as outlined in Municipal Code. Ms. Mates asked if she wanted to have a yard sale on the sidewalk in front of Millcreek Pueblo prior to the next council meeting if that could be accommodated. City Manager Metzler told Ms. Mates to bring her proposal in and staff would review it but that City sidewalks could not be obstructed. George Carter spoke on behalf of Moab Irrigation and distributed written materials and photos regarding an incident on 500 West involving a Moab Irrigation pipeline. Under Community Development Department Update, Community Development Director Olsen stated that the City Council voted in early spring to submit a non -motorized grant application to the State for the MiVida trail and that the grant had been awarded to the City. Community Development Director Olsen stated that he was working on obtaining easements from Mike Bynum and the Bureau of Land Management as well as working with Grand County and the Trail Mix committee. Councilmember Bailey inquired how much the grant was for. Community Development Director Olsen stated that the grant was $12,500 and that the City's portion of that was $6,000. Mayor Sakrison stated that Community Development Director Olsen had been reappointed to the State Trail System Board. Councilmember Stucki stated that he was concerned about the location of the parkway adjacent to the Taylor property and parkway access. Community Development Director Olsen stated that he was working on REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE September 27, 2011 Page 1 of 3 Page 7 of 66 completing that project. Under Engineering Department Update, City Engineer Andrus stated that she had met with the Utah Department of Transportation (UDOT) regarding pre -construction coordination for the highway 191 project and that the first phase of that project will begin on September 26, 2011 and will include a three inch overlay, lane leveling and a bicycle path. Under Planning Department Update, Planning Director Reinhart gave an overview of the next planning commission agenda and stated that the issue of camp trailers parked on 400 North had been looked into and resolved. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster distributed a handout regarding the photovoltaic panels at the City Center and the new interpretive display for the panels. Councilmember Stucki stated that he had received a citizen complaint regarding a section of fence that was open between the City's Animal Shelter and the County Building as well as a complaint regarding a pothole in front of the Multi -Cultural Center. Councilmember Bauman requested that the graffiti be removed near the Youth Garden Project on the 400 East bridge. Recreation Coordinator John Geiger made a presentation regarding the Moab Recreation and Aquatic Center. Councilmember Davis moved to approve the consent agenda as follows: 1) Approval of a Special Event License for Scott Newton, d.b.a. Gran Fondo Moab to Conduct a Timed Cycling Event on May 11 and 12, 2012; 2) Approval of a Special Business Event License for the Moab Arts and Recreation Center to Conduct Plein Air Moab on October 7 to 15, 2011; 3) Approval of a Request by Amanda Domenick for Use of City Right - of -Way to Conduct a Sidewalk Sale on October 8 and 9, 2011; 4) Award of the Aerial Lift Truck Bid to Mountain States Industrial Services in the amount of $78,950.00. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bauman moved to approve a Solicitor License for Vivint, Inc., d.b.a. Arm Security Incorporated to Conduct Door -to -Door Sales of Home Security and Automation Systems. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Planning Director Reinhart made a Presentation Regarding South Area Annexation. Discussion followed. Councilmember Peterson moved to approve a Pre -Annexation Agreement by and between the City of Moab and the Housing Authority of Southeastern Utah. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Pre -Annexation Agreement ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION CONSENT AGENDA, APPROVED SOLICITOR LICENSE, APPROVED DISCUSSION REGARDING SOUTH AREA ANNEXATION PRE -ANNEXATION AGREEMENT, APPROVED September 27, 2011 Page 2 of 3 Page 8 of 66 by and between the City of Moab and Joe Kingsley, d.b.a. DMA International. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. Councilmember Peterson made a presentation regarding Recycling Donations. Discussion followed. City Manager Metzler made a presentation regarding Park Policy Issues. Discussion followed. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the financial assurance had been negotiated for the Taylor property and that she was working on the water conservation plan. City Manager Metzler continued that staff had been working on South Area Pre - annexation Agreement negotiations as well as the Moved -on Structure ordinance. City Manager Metzler concluded that she would soon be sending out the new Sales Tax report and that she had met with Utah State University. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that he had received several citizen questions about what was going on at Cinema Court. Mayor Sakrison suggested that a sign be erected at the construction site. Councilmember Bauman stated that there would be a strength based parenting course at the Grand County High School on October 24, 2011 and that currently there was not a city representative on the Moab Area Chamber of Commerce Board. Councilmember Peterson moved to pay the bills against the City of Moab in the amount of $72,573.94. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:59 PM. APPROVED: ATTEST: David L. Sakrison Rachel Ellison Mayor City Recorder PRE -ANNEXATION AGREEMENT, APPROVED DISCUSSION REGARDING RECYCLING DONATIONS DISCUSSION REGARDING PARK POLICY ISSUES READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT September 27, 2011 Page 3 of 3 Page 9 of 66 RED ROCK PARTNERS, LLC 40 N. 100 West Moab, UT 84532 (435) 260-1388 October 12, 2011 Hand — Delivered Ms. Donna Metzler City Manager 217 E Center Street Moab, Utah 84532 RE: Red Rock Partners Zone Application Dear Ms. Metzler: As Manager of Red Rock Partners, I am writing to request that our application for re- zone be placed on the December 13, 2011 Council Agenda for a public hearing. Thank you for your attention to this matter. Kind R Michael H. Bynum Manager, Red Rock Partners, LLC Page 10 of 66 City of Moab Planning -and -Zoning Department Correspondence October 20, 2011 Memo To: Honorable Mayor and Members of Council From: City Staff Subject: Adoption of Ordinance 2011-10, an Ordinance Amending the Official Zoning Map for the Purpose of Approving an Application to Rezone Portions of Property Owned by Red Rock Partners and Located at 61 North 100 West Background The City has received a request from Michael H. Bynum, Manager for Red Rock Partners, LLC to review the application for the rezoning of 61 North 100 West. The property is split zoned with C-3, R-4 and C-2. The applicant is asking for a C-3 Zone to extend to all parts of the property. The attached letter is asking Council to place the application on the agenda for December 13, 2011. This application was first reviewed by the Planning Commission at their meeting of February 24, 2011 but was tabled for further review. Subsequently, the Commission held a vote on March 10, 2011, and in a 4-0 vote, favorably recommended the zone change to Council. On March 22, Council reviewed the application and elected to not hold a public hearing and voted 1-4 to not approve the request to rezone the property. On April 26, 2011, Councilmember Bailey moved to reconsider the proposal to rezone the property and in a 4-1 vote, the action carried. Immediately, the item was tabled in a 5-0 vote with no set date to bring the application from the table for further review and discussion. Process Based on the request from Mr. Bynum, the Mayor will have to entertain a motion and vote to take the application from the table and then establish December 13, 2011 as the date of the public hearing. The attached background information was submitted to the Planning Commission as well as Council for review prior to the meetings listed above. p:\planning department \2011\correspondence\pI-II-233 cc red rack remning.docx Page 11 of 66 RED ROCK PARTNERS, LLC 40 N. 100 West Moab, UT 84532 (435) 260-1388 October 12, 2011 Hand — Delivered Ms. Donna Metzler City Manager 217 E Center Street Moab, Utah 84532 RE: Red Rock Partners Zone Application Dear Ms. Metzler: As Manager of Red Rock Partners, I am writing to request that our application for re- zone be placed on the December 13, 2011 Council Agenda for a public hearing. Thank you for your attention to this matter. Kind R Michael H. Bynum Manager, Red Rock Partners, LLC Page 12 of 66 arY p MOAB City of Moab Planning and Zoning Department Inter -office Correspondence Pt 11043 March 15, 2011 Memo To: Honorable Mayor and Members of the Moab Council From: City Staff Subject: Review and Approval of an Application to Rezone Portions of the Red Rocks Partners Property Located at 61 North 100 West From C- 2 and R-4 to C-3 and Approval of Ordinance #2011-10 Amending the Official City of Moab Zoning map Background The Planning Commission held a public hearing to review this application on February 24, 2011. The Commission voted in a split vote to favorably recommend the rezone to Council. If approved, the rezoning will create consistent zoning across the entire parcel. The property is currently zoned predominantly R-4 with a small amount as C-2. The portion of the property that fronts on 1st West Street is currently C-3. The application has been submitted in an effort to change the C-2 and R-4 portions to C-3. Please refer to the attached PC memos PL-11-037, PL-11-041, and particularly, memo PL-11- 032, dated February 19, 2011, for background information regarding the application. Discussion The Planning Commission requested additional information for their meeting on March 10 and were provided with: o History of the zoning for the area, o A discussion about the advantages of redevelopment, and o A survey of the existing development of 15' West and Williams Way. Also, a comparison was provided as to the types of uses allowed in the three zones in Planning memo, PL-11-037, and a visual survey of the types of uses on First West as well as adjacent properties on nearby Williams Way was presented by staff. Page SO of 92 Page 13 of 66 Page 2 of 3 The zoning history was first classified as C-2 in 1954. The entire west side of the city was zoned commercially -at -the -time -and labeled -"Central Commercial Zone". Today, the Central Commercial Zone is given a "C-3" designation. Between 1954 and 1974 there is little evidence as to what occurred in the area but the surviving zoning map indicates that during the twenty year span many of the zones we now have were created and applied to various parcels. During this time, the original C-2 was divided into R-4 and R-3 with large portions of the property as C-3. This historic map also follows zone change updates until 1982. Maps from 1992,1993, and 1998 show no changes in the zoning in the immediate area. Then in 2009, Council approved the zone change of the Bazil-Todd property from C-3 to C-2 so they could construct an office/home and provide their dwelling on the ground floor. The referenced zoning maps will be available for Council review. Aspects of rezoning and redevelopment include those listed below. It should be considered that this action goes beyond development of just this property and that approval of the ordinance can be considered as a Downtown redevelopment that will provide depth off of Main Street and strengthen our commercial core. ➢ Redevelopment is one of the most effective ways to reverse deterioration and breathe new life into distressed areas, breaking down barriers and drawing new investments by private enterprises. ➢ Redevelopment is meant to attract and create jobs, revitalize the business climate, rehabilitate the housing stock and initiate active participation by citizens in the area. ➢ Incompatible or undesirable conditions are considered blight, and renovating these areas is the major focus of redevelopment; Blight directly contributes to disproportionately high crime rates, and dangerous or illegal activities. ➢ New police stations, renovated library branches and street paving are some of the notable results of these types of improvements; ➢ Redevelopment attracts new services and businesses to the area, increasing the economic health of the City as well as providing local residents with new and viable job opportunities; ➢ Redevelopment offers existing business owners opportunities to upgrade their store through fagade improvements, enhancing their chances to attract and maintain customers and therefore succeed in their business efforts, ➢ Redevelopment enhances the existing streetscape and landscaping of public throughways in these areas; ➢ Redevelopment monitors vacant properties and maintains strict Code Enforcement efforts, including graffiti removal; ➢ Redevelopment is an investment in neighborhoods that helps in resident retention by developing open space areas, parks and community resource facilities that unite many diverse neighborhoods and accentuates positive aspects to be shared in all cultures. Process The process for a Zoning Map amendment is similar to a text amendment of the development code in that it is Council's discretion to hold or not hold a public hearing. The Code allows Page Si of 92 b Page 14 of 66 Page 3 of 3 Council to adopt text amendments as well as Zoning Map amendments in Chapter 17.04.100, Action by City CouncikParagraph "A", without -a public -hearing; "A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held following receipt of the planning commission recommendation." The code goes on to state, "In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance." If a public hearing is conducted, then the necessary notices and advertising must be completed. Alternatives 1) Council can decide to hold a public hearing and establish a date; 2) Council can decide to not hold a public hearing and approve Ordinance #2011-02 as recommended by the Planning Commission; 3) Council can approve Ordinance #2011-02 with any changes necessary to address concerns; 4) Council can vote to not approve the ordinance and state the reasons for denial; 5) Council can table the ordinance in order to satisfy needs for additional information. pAplanning departmentVelhcarrespondencep1•II.041 red rock immolate Page 52 of 92 Page 15 of 66 5-1 ORDINANCE #2011-10 AN ORDINANCE OF THE CITY OF MOAB AMENDING THE OFFICIAL CITY OF MOAB ZONING MAP FOR THE PURPOSES OF APPROVING AN APPLICATION TO REZONE PORTIONS OF THE RED ROCK PARTNERS PROPERTY LOCATED AT 61 NORTH 100 WEST FROM C-2 AND R-4 TO C-3 WHEREAS, the Governing Body of the City of Moab and the Moab City Planning Commission desire to make zone amendments to promote the health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of the City; WHEREAS, Randy Day, of Red Rock Partners, LLC, 755 North Main Street, Moab, Utah, representing the owner of record of an approximate 5.64-acre tract of land located at approximately 61 North 100 West, Moab, Utah, has applied to change the zoning from C-2 and R-4 to C-3; and, WHEREAS, The Planning Commission ("Commission") of the City of Moab held a public hearing on March 10, 2011, concerning the amendment of the City of Moab Official Zone Map to reflect a zoning change for said property located at the above described location; and, WHEREAS, the Commission in a split 3-2 vote favorably recommended the zoning change to the Council. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab that effective upon the signing of this Ordinance, the City of Moab Official Zoning Map with its amended boundary lines and zoning districts is declared to be an official record of the City and shall be included as part of Title 17 of the Moab Municipal Zoning Ordinances and shall reflect a zone change from C-2 and R-4 to C-3 for the above described property. Passed and adopted by action of the Governing Body of the City of Moab in open session this _ch day of , 2011. City of Moab Mayor David L. Sakrison Attest: Rachel Ellison City Recorder Ordinance #2011-10 Page 1 of 1 Page 53 of 92 Page 16 of 66 Memo To: From: Subject: Background City of Moab Planning and Zoning Department Inter -office Correspondence February 19, 2011 Members of the Moab Planning Commission City Staff Public Hearing to Approve an Application to Rezone Property as Submitted by Tom Stevens Representing Red Rock Partners Tom Stevens, acting on behalf of Red Rock Partners, has applied for a rezone of property located at 61 North 100 West (northwest corner of the intersection of Williams Way and 100 West). The property is currently zoned predominantly R-4 with a small amount as C-2. The portion of the property that fronts on 1st West Street is currently C-3. The application has been submitted in an effort to change the C-2 and R-4 portions to C-3 for a resort development. The affected property is approximately 5.13 acres in size. The residents of the existing mobile home park were given the required nine month notification, possibly in 2007-08, to vacate the property. Discussion This application will erase a split of one of the properties by the zoning boundary between R-4 and C-2 and C-3. This is similar to a recently approved rezoning of property and will remove the confusion created by this situation. Contemporary zoning generally follows property lines and centerlines of street rights -of -way and the applicant has provided a plat showing this concept. As provided in a previous memo to the Planning Commission, the objectives and characteristics of the zones should be evaluated in reaching a decision. The objectives for the C-3 zone are contained in Chapter 17.24.010 of the code. It states, `The C-3 central commercial zone has been established as a district in which the primary use of the land is for business purposes. The area covered by this zone is now and it is intended that it shall continue to be the dominant shopping and financial center of the city and surrounding territory. For this reason the zone has been located in the central part of the city where the street pattern makes the business buildings readily accessible to all parts of the city and surrounding region and where business and Page 54 of 92 Page 17 of 66 5-1 Page 2 of-6 shopping activities can be carried on with maximum convenience. The C-3 zone is characterized by wide, clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well - maintained shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office buildings, theaters, and a wide variety of retail outlets. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the regulations set out in this chapter shall apply in the C-3 zone." Proposed residential uses cannot be located on the ground floor. A conceptual plan has not been received at this time but the code requires that residential uses in the C-3 not occupy possible ground floor commercial spaces. The exception is if the housing units are intended for affordable housing. The objectives of the current zoning are also interesting. In Chapter 17.51.010, the R-4 zone is described as providing, "the most appropriate locations for mobile home parks and mobile home subdivisions along with conventional dwellings. The zone is characterized by open fields interspersed by well -maintained mobile home parks, mobile home subdivisions, and other types of dwellings." The R-4 zoning in this area does not mirror the images conjured up by the description in the code but it does allude to "...other types of dwellings" that may be an appropriate match to the surrounding commercial development. Chapter 17.21.010 describes the C-2, commercial -residential, zone as an area that would "facilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses; facilitate the orderly expansion of commercial uses out from the central commercial district; and, be characterized by attractive and well -maintained commercial and residential buildings set back from public streets and surrounded by landscaped yards." It is logical that this area would become an extension of the central commercial district (C-3 Zone). The proximity of the property within one block of Main Street is a natural expansion and approval would be in conformance with the provisions of the General Plan to expand this commercial area. It will attract visitors and provide lodging within walking distance of the night life and other activities on Main Street. Rezoning of older properties for redevelopment can enhance the neighborhood and provide an increase in utilization of underdeveloped spaces, buildings and utilities. These underused areas are a significant asset that the City can offer for redevelopment projects. The potential for additional residential development, improved neighborhood environments, and providing additional jobs are all economic benefits. Page 55 of 92 Page 18 of 66 5-1 Page 3 of 6 Code Chapter 17.04.040, Zoning Map Amendments, contains criteria for the Planning Commission and Council to apply to requests to rezone: Review of Criteria Chapter 17.04.050 states, "For the purpose of establishing and maintaining sound, stable and desirable development within the City of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City's General Plan. it can be argued that this area was zoned in error and was merely applied because of the type of development that was in existence at the time of adoption of these sections of the code. It is necessary for central commercial areas to have surrounding transition or "support" zones that provide complimentary and accessory types of businesses and services for various retail establishments. This type of arrangement provides proximity shopping on a pedestrian scale . and creates a compact walk able design in compliance with Smart Growth. Rezoning of this property is also in keeping with the policies and goals of the General Plan. Rezoning will: • "...provide for adequate amounts of appropriate commercial land in the future and to ensure the attractiveness, natural beauty, existing character and environmental stability of these areas; • Encourage the development and vitality of a central commercial district compatible with small-town living; • Will fulfill the implementation of the "in -filling and redevelopment policy of the plan"; • Encourage clustering of commercial enterprises; • Satisfy the Plan by permitting expansion of commercial uses into or within residential areas... if such development maintains the residential desirability of the affected neighborhoods and the "character" of the structure and signs and `fits in" with other existing structures; • Encourage variety in new commercial developments and businesses; • Allows the central commercial zone to expand when additional commercial capacity is needed and when such development is compatible with historical structures and character of the community; • Encourage upgrade in the appearance of commercial areas and ensure that building design enhances existing town -scale and character. 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. Page 56 of 92 Page 19 of 66 5-1 Page 4 of 6 The area -has become -a -busy -economic -area -with commercial development in the guise of a subdivision of `twin homes" on Williams Way, additional residential development and the proposal for a new hospital a short distance from this property. 3. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the City's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. Certainly, a destination resort was not anticipated just one block off of Main Street in 2002, but the economic value of property has risen greatly in the past hand full of years. As noted above granting the rezone will be in keeping with the goals, objectives, and policies for implementation of the General Plan. Map Amendment Approval Criteria. According to Chapter 17.04.060, the Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment: 1. Was the existing zone for the property adopted in error? See #1 above. 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? Please see above for a portion of the answer for this criteria. Existing structures are deteriorating. Many of the commercial buildings saw their banner years a long time ago and are in need of repair and constant maintenance. New growth trends have been shaped by the recreation and housing needs of a second home industry because of the opportunities in the Spanish Valley and surrounding areas and National Parks. Zone changes to commercial districts have been granted by Council in recent history and this action has caused a `peninsula" of R-4 zone between commercial zones to be created. 3. Is there a need for the proposed zoning within the area or community? This proposed rezoning will satisfy the General Plan through expansion of the central commercial district and provide redevelopment of these older properties. 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Page 57 of 92 Page 20 of 66 Page S of 6 The zoning is compatible with the surrounding zones and is adjacent with the C-3 Zone. Surrounding uses_inchude_a_single-familyhome-that_will probably see -some impact and the other prominent use is a commercial mobile home park. 5. Will benefits be derived by the community or area by granting the proposed zoning? From the standpoint of economic development, the community should greatly benefit from the rezoning and the proposed development for the property. The neighborhood will be improved through redevelopment and ht should act as encouragement for other surrounding property owners to review their properties for improvement. 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Adequate facilities exist but some upgrade of services may be required at the developer's expense. 7. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? The application meets all applicable standards. Decision to rezone must be based on the General Plan as well as the Land Use Code. The Plan states, "All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan." It also goes on to say "...that all new zone changes [must] conform with the General Plan" and that they be done in a manner "necessary to protect the health, safety, and welfare of the community and work to preserve the natural environment and character of a small-town community." A rezone makes sense when viewed in the light of the types of uses on the surrounding properties. It also makes sense as a logical extension of the C-3 Zone and agrees with the goals of the General Plan. It may be in the best interests of the City of Moab for the Planning Commission to consider adjacent properties in this annexation The rezoning is logical for the area because: • A single tract would no longer be split by two zones • it is a natural extension of the C-3 zone • It meets the criteria of the General Plan The development of the property will fall under additional scrutiny because of the possible impacts to traffic and parking that may be associated with this type of development. These issues will be addressed through review of a commercial site plan application that will be the next step for the applicant if successful in the rezoning of the property. Page 58 of 92 Page 21 of 66 i5-1 Alternatives Page 6 of 6 1) The Commission can approve the application to rezone as submitted; 2) The Commission can vote to not approve the proposed rezoning and state their reasons; 3) The Commission may table the application for additional comment and review. pAplanning department \2011\correspondence \pl•11.032 red reek rezone.docs Page 59 of 92 Page 22 of 66 City of Moab Planning and Zoning Department inter -office Correspondence Pt A 037 March 7, 2011 Memo To: Members of the Moab Planning Commission From: City Staff Subject: Additional Information to Approve an Application to Rezone Property as Submitted by Red Rock Partners Discussion This application will erase a split of a tract approximately 5 acres in size that is divided between R-4 and C-2 and C-3 Zones. Contemporary zoning practices generally follow property lines and centerlines of street rights -of -way. The Zoning Declaration in Code Chapter 17.04.050 should be kept in mind while evaluating this application: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City's General Plan. 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. 3. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the City's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. In addition, the Map Amendment Approval Criteria are found in Chapter 17.04.060, and the Planning Commission and City Council must consider the following in reviewing a proposed map amendment: 1. Was the existing zone for the property adopted in error? 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? 3. Is there a need for the proposed zoning within the area or community? 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Page 60 of 92 Page 23 of 66 Pane 2 of 8 5. Will benefits be derived by the community or area by granting the proposed zoning? 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? 7. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? A decision to rezone must be based on the General Plan as well as the Land Use Code. The Plan states, "All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan." It also goes on to say "...that all new zone changes [must] conform with the General Plan" and that they be done in a manner "necessary to protect the health, safety, and welfare of the community and work to preserve the natural environment and character of a small-town community." . A rezone is a logical expansion of the C-3 when reviewing the types of uses on the surrounding properties and agrees with the goals of the General Plan. The Vision for Moab (pp 5-6) has several goals to follow when planning for the future: 1. Promote the presence of a vital downtown as the center of commercial activities and employment. 2. Utilize compact development patterns that make the most efficient use of public facilities and services, protect open space and minimize urban sprawl. 3. Maintain a rural/small town character that saves and complements its historic structures and neighborhoods. 4. Create walk -able neighborhoods, free of high-speed traffic hazard. 5. Locate schools, parks, trails and other public facilities within walking/biking distance of homes. 6. Reduce the effects of summer heat by providing or requiring shade in parking lots, shopping areas, parks and other public areas and neighborhoods; discourage removal of historic trees; and reduce coverage requirements for asphalt. 7. Separate and buffer conflicting land uses, especially where commercial abuts residential. 8. Encourage a diverse mix of year-round jobs that offer competitive salaries and meaningful work to keep Moab families employed in Moab. 9. Preserve Moab's surrounding landscapes and other natural resources to enhance the quality of life for community residents and in order to continue to attract people to the area who contribute to economic stability. 10. Develop a community and resort destination that is designed for people where walking and biking are the comerstone of the transportation system. 11. Protect the stillness and visual integrity of Moab's enveloping desert landscape. 12. Protect and preserve open space, agricultural lands, riparian areas, ridgelines, mesas and wetlands. 13. Improve quality of living through support for affordable housing. The rezoning is logical for the area because: • A single tract would no longer be split by two zones • It is a natural extension of the C-3 zone • It meets the goal of the General Plan Future development of the property will fall under additional scrutiny because of the possible impacts to traffic and parking that may be associated with this type of development. These issues will be addressed through review of a commercial site plan Page 61 of 92 Page 24 of 66 C5-1� v Pam 3 of 8 application that will be the next step for the applicant if successful in the rezoning of the property. This application will erase a split of one of the properties by the zoning boundary between R-4 and C-2 and C-3. If approved, the rezoning of the property will remove the administrative confusion created by this situation. Contemporary zoning generally follows property lines and centerlines of street rights -of -way and the applicant proposal has provided a plat showing this concept. An evaluation of the objectives and characteristics of the zones may be helpful in reaching a decision. The objectives for the C-3 zone are contained in Chapter 17.24.010 of the code and states, `The C-3 central commercial zone has been established as a district in which the primary use of the land is for business purposes. The area covered by this zone is now and it is intended that it shall continue to be the dominant shopping and financial center of the city and surrounding territory. For this reason the zone has been located in the central part of the city where the street pattern makes the business buildings readily accessible to all parts of the city and surrounding region and where business and shopping activities can be carried on with maximum convenience. The C-3 zone is characterized by wide, clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well - maintained shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office buildings, theaters, and a wide variety of retail outlets. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the regulations set out in this chapter shall apply in the C-3 zone." Generally, proposed residential uses cannot be located on the ground floor in the C-3. A conceptual plan has not been received at this time but the code requires that residential uses in the C-3 not occupy possible ground floor commercial spaces. The lone exception is if the housing units are intended for affordable housing stock. The objectives of the current zoning are also interesting. In Chapter 17.51.010, the R-4 zone is described as providing, `The most appropriate locations for mobile home parks and mobile home subdivisions along with conventional dwellings. The zone is characterized by open fields interspersed by well -maintained mobile home parks, mobile home subdivisions, and other types of dwellings." The R-4 zoning in this area does not mirror the images conjured up by the description in the code but it does allude to "...other types of dwellings", that may be a match to the surrounding commercial development. Chapter 17.21.010 describes the C-2, commercial -residential, zone as an area that would `yacilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses; facilitate the orderly expansion of commercial uses out from the central commercial district; and, be characterized by attractive and well -maintained commercial and residential buildings set back from public streets and surrounded by landscaped yards." Page 62 of 92 Page 25 of 66 Pam of 8 A comparison of the uses in each zone follows. R-4 C-2 C-3 A. One -family dwellings and accessory buildings 1. Retail, convenience and wholesale establishments less than three thousand square feet (wholesale establishments with stock on premises but excluding establishment whose principal activity is that of a storage warehouse 1. Retail establishments and service enterprises B. Planned unit developments subject to the requirements and conditions set forth in Chapter 17.66 of this title 2.Office buildings, clinics and utility buildings excluding service yards and drive through services 2. Office buildings, clinics, utility buildings C. Fences, walls, and hedges which do not exceed seven feet in height provided that no fence, wall or hedge shall exceed four feet in height within the required front or side yard that fronts on a street 3. Assembly of appliances from previously prepared parts (contained within a building) 3. Assembly of appliances from previously prepared parts D. Customary household pets, including but not limited to cats, dogs, and canaries; but not including the breeding of dogs and cats for sale 4. Eating establishments less than two thousand square feet excluding drive-ins or drive through services 4. Auto body and fender shops, auto painting E. Public schools, public libraries, public parks, playgrounds, recreation buildings and churches but not temporary revival tents or buildings 5. Service enterprises 5. Beer parlors and alcohol dispensing establishments F. Agriculture 6.One-family and two-family dwellings, apartment houses and court apartments 6. Electrical appliance shops (wholesale) G. Temporary buildings and yards for the storage of materials and equipment incidental to the construction of dwellings and other permitted uses; provided, however, that a permit for such temporary building shall not be effective for more than one year 7. Fraternity organization Lodges 7. Engraving and printing establishments H. Home occupations 8. Funeral establishments, 8. Fraternity buildings, clubs, Page 26 of 66 hoe 5 of 8 -I. Two-family dwellings mortuaries and churches 9. Gymnasium or physiculture establishments lodges 9. Funeral establishments, mortuaries, wedding chapels J. Child day care centers and foster family care homes 10. Home occupations 10. Garages and used car lots L. Court apartments 11. Lodging establishments (under ten units) 11. Gymnasium or physiculture establishments M. Boarding and rooming houses 12. Parking lots (commercial) 12. Home occupations N. Clubs and lodges (nonprofit) 13. Schools, hospitals, public buildings and public parks 13. Hospitals O. Mobile home parks and mobile home subdivisions 14. Signs 14. Pawnshops P. Publicly owned athletic fields and schools 15. Rest homes and day care centers 15. Motels, cafes, food drive- ins, offices Q. Boys' schools and correctional institutions 16. Green houses and nurseries 16. Parking lots (commercial) R. Pasturing of animals 17. Pet shops, veterinary clinics, art and craft shops, taxidermy shops, electrical appliance shops (wholesales), plumbing shops, carpentry shops, hardware stores, electrical retail stores, river running companies, bakeries, stone and monument sales establishments, engraving and printing establishments and secondhand stores. 17. Revival tents (temporary) S. Plant nurseries 18. Service stations T. Radio and television towers 19. Schools and other public buildings 20. Secondhand stores 21. Accessory signs and Billboards 22. Utility buildings and public buildings Page 64 of 92 Page 27 of 66 Peee B of a 23. Stone and monument sales establishmen 24. Taxidermy shops _, 25. Tire recapping (all activities inside of a building) 26. Wholesale establishments with stock on premises but excluding establishments whose principal activity is that of a storage warehouse 27. Trucking companies subject to city council approval 28. Dwellings and apartment houses are not permitted, except that dwellings above the ground floor shall be permitted; 30. Ground floor dwellings only when the owner of the property is a legally constituted housing authority as recognized by the State of Utah, Grand County, or the City of Moab, or alternatively, the owner of the property is a legally recognized nonprofit land trust operating under a signed property management contract with a legally constituted housing authority as recognized by the State of Utah, Grand County, or Moab City Page 65 of 92 Page 28 of 66 Pane 7 of B It is logical that this area would become an extension of the central commercial district (C-3 Zone) because -a -portion -is already designated as such. The proximity of the property within one block of Main Street is a natural expansion and approval would be in conformance with the provisions of the General Plan to expand the commercial area. It will attract visitors and provide lodging within walking distance of the night life and other activities on Main Street and provide an anchor for the development of 100 West as well as for Main Street businesses. Rezoning of older properties for redevelopment can enhance neighborhoods and provide an increase in utilization of underdeveloped spaces, buildings and utilities. These underused areas are a significant asset that the City can offer for redevelopment projects. The potential for additional residential development, improved neighborhood environments, and providing additional jobs are additional benefits. Possible general benefits of redevelopment on underutilized properties include: • redevelopment of areas that currently attract anti -social behavior • provision of new units to respond to local housing needs • improved housing mixes • Improved mix use for a more walk able community • provision of key worker accommodation • increased demand and support for local services • provide surveillance of currently unsupervised areas • generate funds for wider physical improvements through unit sales • More efficient use of existing utilities In the broad picture, • All proposals should consider potential long term impacts — for example, would development have a detrimental impact on vehicular access to potential future development on an adjacent area? OR would there be great benefit to the community derived from the redevelopment? • Need to review the areas immediately around a site — adjacent areas may detract from new development and become future "problem" areas. Redevelopment can in many situations help foster redevelopment of adjacent properties. • The viability of a proposed use of property needs to be considered when it is replacing older development that is limited in the number of units provided and that is part of the existing built fabric that is nearing the end of its useful life. • Proposals should be evaluated with an assessment of the condition of surrounding development including housing stock and other structures so that they can be incorporated into comprehensive redevelopment projects in the longer term if possible. Past changes in zoning from R-4 to C-2 on nearby and adjacent properties have allowed for development that would not have occurred if R-4 designation was left in place. This trend and the ensuing development of townhomes and the construction of the hospital, medical office building, and extended care facility are major changes in the area that will have great impacts in the future. While commercial expansion to the east has been thwarted by a handful of residents in the area, the area along First West has already been rezoned to create an environment for Page 66 of 92 Page 29 of 66 Pam 8 of B commercial expansion. A survey of First West clearly shows the preponderance of commercial developmenUt_is_expected_that p:\planning department\Y011\correspondence\pI-II-037 redevelopment of red rock part informatisn.doce Page 67 of 92 Page 30 of 66 City of Moab Planning and Zoning Department Inter -office Correspondence March 7, 2011 Memo To: Members of the Moab Planning Commission From: City Staff Subject: Approval of Resolution #06-2011 Recommending Approval of an Application to Rezone Portions of the Red Rocks Partners Property Located at 61 North 100 West From C-2 and R-4 to C-3 Background The Planning Commission held a public hearing to review this application on February 24, 2011. If approved, the rezoning will create consistent zoning across the entire parcel. The property is currently zoned predominantly R-4 with a small amount as C-2. The portion of the property that fronts on 1st West Street is currently C-3. The application has been submitted in an effort to change the C-2 and R-4 portions to C-3. The affected property is approximately 5.13 acres in size. Discussion The attached Planning Resolution is drafted in the affirmative and the motion should reflect this approach. The vote then will be to uphold the motion to recommend that Council approve the change or it can be voted down indicating an unfavorable recommendation to Council. Alternatives 1) The Commission can approve Resolution #06-2011 as written; 2) The Commission can vote to not approve Resolution 06-2011 and state their reasons; 3) The Commission may table the application for additional comment and review. p.lp ann ng department \2011\correspondence \p1.11.041 red rock memo docx Page 68 of 92 Page 31 of 66 CITY OF MOAB PLANNING RESOLUTION #06-2011 A RESOLUTION RECOMMENDING APPROVAL OF THE CHANGE IN ZONING OF A PORTION OF PROPERTY OWNED BY RED ROCK PARTNERS FROM C-2 AND R-4 TO C-3 AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP WHEREAS, Tom Stevens, (Applicant) of the Stevens Group, Inc., with offices at 0155 Maroon Mesa Road, Carbondale, Colorado 81623, acting on behalf of the owner of record (Owner) Red Rock Partners, 755 North main Street, Moab, Utah 84532, has applied for a rezone of property located at 61 North 100 West and consisting of 5.13 acres, more or less; and WHEREAS, said property is currently zoned predominantly R-4 with a minor amount as C-2 and a portion of the same parcel adjacent to First West Street is zoned C-3; and WHEREAS, the application has been submitted by the Applicant in an effort to change the C-2 and R-4 portions to C-3 to provide consistent zoning across the parcel; and WHEREAS, Applicant has submitted to the Planning Commission ("the Commission") said application for a zone change to make the parcel of land all one zone rather than create a split multiple zoning on said property; and WHEREAS, the Commission reviewed the application in duly advertised public hearing held on February 24, 2011, to review said application regarding the proposed zone change; and WHEREAS, the Commission reviewed the character and objectives of the three zones and the contiguity of the R-3 Zone to the subject property to determine the appropriateness of the application; and WHEREAS, the Commission also reviewed the Use Regulations for the C-2, R-4, and C-3 zones to determine the impacts that may affect adjacent properties through approval of the request; and WHEREAS, having evaluated the concems of the public, the Commission concluded that the concerns were valid but pertained to the further development of surrounding properties rather than the rezoning and development of the specific property; and WHEREAS, the Applicant or future property Owner(s) will be required to provide the City with a development plan that will address issues that may be identified to provide a safe environment for residents of the neighborhood; and WHEREAS, the Commission adopted Resolution No. 06-2011, on March 10, 2011 citing the change in the character of nearby properties and development on those properties with the decrease of residential uses and an increase in commercial uses; and WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the proposed development, the Moab Planning Commission by the adoption of Resolution #06-2011, does hereby find that: 1) The property was not zoned in error but was zoned using inaccurate methods to distinguish the extent of various commercial areas in the city; 2) The rezoning is a logical expansion of the C-3 Zone and is in compliance with the 2002 City of Moab General Plan; Page 69 of 92 Page 32 of 66 CITY OF MOAB Planning Resolution #06-2011 2 3) There have been changes of character in the area including, but not limited to: the installation -of -public -facilities or -new utdities--other-approved zone changes; new growth -trends: deterioration of existing development; and a need for development transitions; 4) The proposed zoning classification is compatible with the surrounding area and uses; 5) Adverse impacts can be mitigated; 6) Benefits will be derived by the community or area by granting the proposed zoning. Additional commercial development will be generated on other properties along First West Street; 7) Adequate facilities are available to the property or can be reasonably extended for the future development; WHEREAS, the Moab Planning Commission, has determined that the rezoning of this property is in the best interests of the City, and that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met. NOW, THEREFORE, THE MOAB PLANNING COMMISSION OF THE CITY OF MOAB, UTAH favorably recommends the application to rezone a portion of the Red Rock Partners property from R-4 a d - to C-3 to ' a Moab City Council ornto Ir p.\plann•ng department \2011\pc resolutions \06.2011 red rk rezone.docx Page 70 of 92 Page 33 of 66 to peys aoloo 6upoz 6wasixa pue 'eau!' waled 's6uiplinq 6up!xe smogs deW ebueyo euoz pasodoad eaad 6u!moys aew - y Pgiyx3 t,_� J �� ...0.9 c'e* tgia �_ yam' 6uiyp}ey y;!nn pa;ouap lueo!Iddy Aq pawl° Apadoad amu3 •paa ui paumno E-0 o; tra uaa; pauozaa aq o; pasodoad eaay i 6 I North, 100 West Application for Rezoning Owner/Appbcant: Red Rock Partners do Randy Day 755 North Main Moab, Utah 84532 (435) 259-7488 randydavPcitlink, net Submitted By: The Stevens Group, Inc. Tom Stevens O 155 Maroon Mesa Road Carbondale, Colorado 81623 (970) 963-3307 office (970) 319-0699 cell tstevens kstevensg roupinc. com www.stevensgroupinc.com Page 72 of 92 Page 35 of 66 I. INTRODUCTION Red Rock Partners, LLC. (Owners) are the current owners of the 7.22 acre parcel of land bordered by 100 West, Williams Way and Walnut Lane. This parcel is currently zoned R 4, C-2 and C-3. The Owners seek to rezone those portions of the subject property currently zoned R 4 and C-2 to C-3 zoning consistent with the C-3 zoning of the front (east) portion of the site, to allow the future development of a hoteVresort with associated commercial uses. 17.24.010 Olvectives and characteristics. The C-3 central commercial zone has been estabhshed as a distnct in which the primary use of the land is for business purposes. The area covered by this zone is now and it is intended that it shall continue to be the dominant shopping and financial center of the city and surrounding territory. For this reason the zone has been located m the central part of the city where the street pattern makes the business buildings readily accessible to all parts of the city and surrounding region and where business and shopping activities can be canned on with maximum convenience. The C-3 zone is characterized by wide, clean, well -lighted streets, ample pedestrian ways and vehicular parking lots for the convenience and safety of the public. Attractive, inviting and well -maintained shops, stores, offices and other buildings are also characteristic of this zone. Representative of the uses in this zone are banks, hotels, office buildings, theaters, and a wide variety of retail outlets. In order to accomplish the objectives and purposes of this title and to promote the characteristics of this zone, the regulations set out in this chapter shall apply in the C-3 zone. The proposal of a hoteVresort/spa with associated commercial space precisely fits the purpose and the intent of the C-3 zone district. This parcel of land, located just one block off Main Street and in the central part of the city lends itself well to this type of development by keeping hotel and commercial uses m the central core and within easy, convenient distance from existing commercial core activities. Page 73 of 92 Page 36 of 66 II. EXISTING CONDITIONS The subject parcel has been assigned an address of 61 North, 100 West, Moab, Utah 84532. The 7.22 +/- acre parcel of land is currently zoned R 4 for the west two thirds of the property, C-3 for the east one third of the property with a small area of C-2 at the southern portion of the site. The s,te is surrounded by C-3 to the east, as well as to the north and south of the eastern most third of the parcel, C-2 to the south and west and IZ 4 to the north. Its current use within the R 4 zoned area is a trailer court with 45 trailers. The parcel 15 within City limits and 15 serviced by City utilities, roads and support services such as police, fire etc. Access is provided to the site by 100 West, Williams Way and Walnut Lane. The attached site survey shows an area to the southern portion that was the product of a quit claim from Shields to the City of Moab for a 100 foot wide strip of land in 1961 . In 1988, the city quited back to Shields certain portions of that 1961 conveyance. The area not conveyed back is represented on the site survey. There are structures along the east property line, along 100 West The parcel is essentially flat, falling from east to west from 4015 feet at its highest point to 4002 at its lowest. Although the site has approximately 13 feet of fall, spread over the length of the site gives the perception of being nearly flat. All existing structures, paved roads, fences, improvements and easements including a 20 foot wide irrigation easement which runs along the southern boundary, turning north through the site have been represented on the site survey. Trailers and utilities to those trailers have not been included in the site survey. Notice has already been given to residents of the trailer court pursuant to State mandated requirements, that the court will be closed and residents will be required to find alternative housing. Closure of the court has not been scheduled, and it is the intent of the Owner to allow residents to stay in the court as long as possible. It should be noted, closure of the court is not dependent on approval of this rezoning application. However, the Owner understands that alternative, replacement housing is important to the redevelopment of this parcel and plans to offer alternative, replacement housing which will be addressed within this application. This trailer court has provided Page 74 of 92 Page 37 of 66 Moab with valuable affordable housing inventory. However, the conditions of trailers within this trailer court are poor. Few,, —if --any, trailers would pass simple life safety inspections. III. PROPOSED DEVELOPMENT The Owners propose to redevelop the existing property into a luxury hoteVresort/spa with associated commercial uses. This development program is not intended to compete with existing lodging accommodations within Moab but instead offer a type of lodging new to Moab. All development will be in accordance with the C-3 zone district and its dimensional requirements for setback, height, lot coverage, parking etc. All roads and utilities necessary to redevelop the property exist to the property boundary meaning no extension of any city infrastructure will be required. An integral component of the redevelopment of this parcel is the closing of the existing trailer court located on site, the removal of the trailers and the development of replacement housing for the existing trailer court residents. The Applicant also owns land at Mill Creek and Highway 19 I . This property is currently under city review for annexation and subsequent development into affordable housing, market rate housing and commercial space. The 2009 Grand County and City of Moab HOUSING .5TUDYand AFFORDABLE HOU.5ING PLAN identified a strong need for low income to mid professional housing options. The existing trailer court has provided a low income housing option for several years. However, this housing option is no longer viable due to the condition of the trailer court. Redevelopment is clearly needed. A community must be able to take a step back, take an objective look at the affordable housing being provided and answer one simple question, are we proud of this? Much work will need to be done to offer replacement housing. While the Owner intends to offer new, highly efficient, well designed replacement housing at the alternate site, it is not expected that all current residents will take advantage of this option. What is important is that the option is available. Also this option must be designed so it is financially accessible to the current trailer court residents. Two components weigh strongly in financial accessibility, initial purchase or rental rate, and monthly cost of operation. It is the Applicants goal to affect the development of new units that are both affordable in initial acquisition as well as energy efficient units that minimize the cost of monthly operation. Page 75 of 92 Page 38 of 66 Y 'Y V. REPIACEMEN-T-I10U5INtG As previously stated, the site contains 45 trader homes. These traders will be removed from the site and alternative housing will be offered as replacement housing. At this time the Owner is processing the 22 acre Mill Creek Drive/highway 19 I property that is in its ownership through the City for annexation and development review. The development program for this parcel calls for the development of deed restricted affordable housing in compliance with the goals of the 2009 Grand County and City of Moab HOUSING STUDY and AFFORDABLE HOUSING PLAN. 45 of these units will be reserved as replacement housing for the trailer court residents. These two parcels are unrelated and the development review of each parcel is unrelated, and as such each parcel will be reviewed as a stand-alone land use application. The reality though is that both parcels are inter -related. While the Owners have the legal ability to remove all traders from the court at this time, and pursue re -development of that parcel, it is not their desire to leave the existing residents with no housing option. That is the tie for these two parcels. Re -development of the 100 West/Walnut Lane parcel must address replacement housing for the existing residents, not from a legal standpoint, but from a community standpoint. For that reason, the Owners are developing both parcels in conjunction. It cannot be clear at this time how many of the trader court residents will take advantage of replacement housing. What is clear is that each family living in the trailer court can significantly increase their quality of life by leaving their existing trailer and relocating to a newly constructed, energy efficient, well designed, safe unit. The units proposed at Mill Creek/highway 19 I range from studio to three bedroom units. There will be units to rent and units offered for purchase. Units will run the range of pricing beginning with low income up to the mid professional category. The residents of the trailer court will be given first choice of units, allowing them to pick a unit that best suits their size and economic needs. Timing is obviously a sensitive issue when developing two independent parcels under such a scenario. It will take a concerted effort by the Owner, as well as cooperation from the City to result in a seamless transition from approvals, development and occupancy of these units without having a gap in time leaving existing residents without housing while waiting for the completion of the new replacement housing. The Owner will make every effort to do their part to not close the trailer court and remove trailers until the replacement units have been constructed. Page 76 of 92 Page 39 of 66 111 V. COMPLIANCE WITH 2O02 GENERAL PLAN The General Plan Is a very comprehensive document that guides the growth of all aspects of Moab. There are, however, certain components of the Plan that directly guide the subject parcel and this application for rezoning. A few of these key components have been addressed below. The General Plan states "The implementation stage of the City of Moab General Plan will come as rezoning, development and annexation requests are made..." This application seeks rezoning of the subject parcel which means the City now has the opportunity to implement the plan relative to this parcel. Within the General Plan, several sections exist that relate directly to this parcel of land and the development plans associated with the rezoning request. SECTION I , ECONOMIC DEVELOPMENT The goal of the economic development language is "to encourage development .that increases the City tax base, reduces unemployment , creates higher wages and/or improves the standard of hwng and quality of hfe within the City's capability to provide services and the stated polices related to growth." The existing residential use on the majority of the subject parcel generates no tax revenue for the City. Also it is arguably one of the City's larger consumers of City resources, specifically police. By replacing this existing use with lodging and commercial, the City will expand its tax base considerably while potentially reducing the consumption of City resources. The existing parcel, in its residential use, generates no employment while upon redevelopment into lodging and commercial, jobs will be created ranging from service to upper management. This creation of jobs, especially the higher wage jobs has a clear benefit to the City. Currently, the majority of lodging and commercial uses are confined to Main Street/Highway 191. In the particular vicinity of the subject parcel, businesses have attempted to locate on 100 West with little success. There has been no commercial draw to get people away from Main Street. With the addition of an upper end hoteVresort/spa and commercial uses on the subject parcel, surrounding commercial parcels will have the economic "anchor" they have needed to survive, thus improving the economic climate well beyond to the specific parcel boundaries of the subject property. The General Plan goes on to state that the City should "consider carefully adjusting zoning rules as they relate to economic development." It further states that the City should "encourage existing businesses and industries to expand." The requested rezone of the subject parcel will expand the lodging industry and has the potential to become a significant economic development for Moab. The lodging industry currently operates at near capacity during "on season" with rooms often times being completely Page 77 of 92 Page 40 of 66 booked. Additional capacity allows additional visitors and additional economic impact on all -supporting -businesses. Rather—than-c-ompete with the existing lodging industry however, the plan for the subject parcel is to develop a higher level of guest experience with an upper end hoteVspa and commercial. This allows for the contemplated development plans of the subject parcel to expand the lodging industry and thus the economic development of the community without directly competing with the existing lodging industry. One of the policies of the General Plan, Section I, Economic Development, is to "encourage, initiate and support City beautification and cleanup efforts." The existing trailer court, and the subject parcel as a whole, represent some of the least visually appealing areas within Moab. The redevelopment of this parcel will have a positive impact on the overall beautification of Moab. Additionally the General Plan calls for the City to "develop streetscape plans for Center Street from 100 West to 300 East." The subject parcel serves as a terminus to Center Street and can bring the streetscape onto 100 West. SECTION 2, GROWTH AND URBANIZATION The goal specified within this section is "to encourage the order// growth and development of Moab within the City's ability to provide services. Emphasis should be on balancing land use: Guiding growth to locations that are safe and sensible for the City to service, while mamtaimng the character of the town and the beauty of its surrounding landscapes." Within the original planning for the City of Moab, this parcel was seen as appropriate for commercial development and as such was zoned commercial. However, only that portion of the parcel along 100 West was zoned to commercial as the balance of the parcel was an existing trailer court and had to be zoned accordingly. Without the trailer court, it is likely that the parcel would have been zoned commercial from the beginning. Having commercial and lodging one block off Main Street just makes good planning sense. Unless it has been determined that the commercial core shall be confined to Main Street only, those parcels off Main Street, but still within walking distance to Main Street, would certainly be considered part of the commercial core. The subject parcel represents an opportunity for the City to expand viable commercial uses along Center Street, 100 North and 100 South and along 100 West with the rezoning of this parcel. Services already exist to the subject parcel meaning no extension of service is required, again marling this parcel a prime location for development. The development review process will require impact assessment reports which will identify any and all fiscal, environmental, public facilities and services that will be impacted and require that the developer pay for these impacts. This includes fees for such services as water and sewer, and could in the future include fees for storm drains, roads, street lighting, parks and recreation according to the General Plan. Page 78 of 92 Page 41 of 66 The General Plan goes on to statetbat the -City -should `encourage variety in new commercial development and businesses" and "allow the central business zone to expand when additional commeroal capacity is needed and when such development 5 compatible rwth historic structures and character of the community." SECTION 5, HOUSING Section 5 of the General Plan addresses housing. The goal of this section states "to follow a housing strategy that meets the needs of the current residents, anticipates growth in housing needs, promotes a cohesive, small town environment, supports a high quality of life, and addresses the problems of affordable housing. In 2009 the City of Moab, in conjunction with Grand County, produced the Grand County and City of Moab Housing Study and Affordable Housing Plan. This plan looked at current housing inventory and compared that to current housing demand and projected housing demand into the future. The demand projected for the year 20 12 was 224 units of rental and 388 units of sale housing. Gwen this need for housing it would be irresponsible to submit development plans to the City that resulted in a decrease in existing affordable housing inventory. Clearly one of the most pivotal issues with the subject parcel is the existing trailer court. While this court has provided much needed affordable housing for Moab in past years it has outlived its design life. Not only are the trailers inefficient from an energy consumption standpoint due to when they were built and their condition but few, if any, units would pass a simple code safety inspection. An eye sore, a disproportionate consumer of City resources (police) and poor living conditions are all elements that are precisely contrary to the goals of the General Plan. Red Rock Partners seeks to provide affordable housing not just as replacement for the existing trailer court but additional homes for the community at large within the proposed development located at Mill Creek Drive and Highway 19 I . While this is being processed under a completely different land use application, it should be considered a viable source of replacement housing for the trailer court. It is very important that the City be aware that Red Rock Partners has completed the State required step of notification to close the trailer court. At this point, a simple thirty day notification is all that ►s required to force closure of the court. Obviously Red Rock Partners has not given this notification to any of the trailer court residents and has no plans to do so until replacement housing is available. This ►s why the Mill Creek Drive property ►s going through the development review process. It is currently in the annexation process and will be followed by the development review process as outlined in the City of Moab Municipal Code. Page 79 of 92 Page 42 of 66 a -AD The net result of these two separate applications being reviewed is that, if approved, he -residents -of -the -trailer -court -will be provided new, energy efficient, quality, affordable housing, and the existing trader court will be redeveloped into a unique property that not only provides significant tax revenue to the City but acts as a major source of economic fuel for the Moab community, providing jobs from service to high paying management, all while providing guests to the Moab area a unique lodging experience. VI. REVIEW CRITERIA I. The name, address, and telephone number of the applicant; Red Rock Partners, LLC. Randy Day 755 North Main Street Moab, Utah 84532 (435) 259-7488 (office) (435) 260- 1388 (cell) 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; The Applicant requests a rezone of the subject property from its current underlying zone districts of R 4, C-2 and C-3 to entirely C-3. A legal description of the property has been provided herein on the Site Survey attached herein. 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; A Title Certificate has been provided herein (Exhibit C). 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; Statement from the county treasurer showing taxes have been paid in full has been included herein (Exhibit A). Page 80 of 92 Page 43 of 66 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning -district boundaries, -real property -boundaries, -existing structures, -and public roads existing within three hundred feet in all directions of the subject property boundary; An Improvement Survey dated 5-23-2005 prepared by Keogh Land Surveying has been included herein (Exhibit D) depicting property boundaries, existing structures, roads and the zone district boundaries. 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; A list of surrounding property owners has been included herein (Exhibit 5). 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; Zoning for the subject parcel contemplated commercial, C-3 zoning on the front portion of the site while R 4 had to be assigned to the rear portion of the site due to the existing trailer court. This trailer court will be removed which represents a substantial change in conditions from when the property was zoned initially. Due to its adjacent proximity to commercially zoned property, the existence of a portion of the subject parcel zoned C-3 and the need within the community for commercial space and lodging, this site lends itself ideally to commercial use. 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and This will be paid at the time of submission of this application. 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned See Section III Proposed Development above. Page 81 of 92 Page 44 of 66 342s 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in enrol? The existing zoning was not adopted in error. However the existing zoning was adopted to accommodate a use that is changing. The site zoning is split between C-3 and R 4. The C- 3 portion of the site was clearly intended to bring commercial use to the site. The R 4 zone was required to accommodate the existing use of the trader court. The trailer court is be closed allowing this use to convert to C-3, consistent with the front portion of the site. B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? As previously stated, the deteriorated trailer court will be shut down upon completion of replacement housing allowing for the entire site to become C-3 rather than just the portion of the site that was not utilized for trader court C. Is there a need for the proposed zoning within the area or community? The community is clearly in need of additional, quality retail space as well as a full service hotel spa. This currently does not exist in Moab. Although during "on season" all lodging is full within the Moab downtown and surrounding area, it is not the intent of the Applicant to compete with the existing lodging inventory. Instead the development plan calls for a full service hoteVspa with associated retail commercial space. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? Page 82 of 92 Page 45 of 66 5-1 At this time this property was zoned, the City felt it was an appropriate location for commercial and as such they zoned the property not being used for a trader court as C-3. The result is that the front one third of the property 15 currently zoned C-3 while the rear two thirds of the property was zoned R-4 to cover the existing trader court. The site meets the cntena for C-3 zoning in that it is part of the existing commercial core, the streets are wide, clean and well lit. There are ample pedestnan ways and vehicular parking. There should be no negative impacts to the community since the roads, utilities, pedestrian ways etc. are currently in place E. INi11 benefits be derived by the community or area by granting the proposed zoning? There are two significant benefits to the community to this rezone plan. First is the closure of the trailer court and development of replacement housing. This court is in very poor condition, is not safe for residents in that few, if any, of the traders would pass simple code safety inspections. Additionally this court requires a severely dispropor bonate amount of City police resources. This site is in desperate need of redevelopment. The second benefit to the community will be the additional lodging and commercial space. Not only does this add a new dimension to Moab by developing a type of lodging and commeroal shop that does not exist but will also be a significant source of tax revenue for the City. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? All required facilities are to the property line. No extensions will be required. G. Does the application conform with the provisions of the Moab general plan. the Land Use Code, and applicable agreements with affected governmental entities? The Applicant does believe this proposal conforms to the applicable provisions. Page 83 of 92 F Page 46 of 66 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Yes. As previously stated in this application, the City deemed this site appropriate for commercial C-3 zoning and executed that zoning on the front portion of the site. This application seeks to now rezone the rear portion of the site previously used as a trailer court to C-3, consistent with the existing zoning on the front portion of the site and a large portion of the surrounding area. Additionally, the C-2 zone district surrounds the site to the south and west with the C-3 zone district sounding the eastern most third of the site on the north,. east and south sides. B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? Yes and no. The lodging and commercial aspect of the redevelopment of this site is not a new use or development concept. The type of commercial and the type of lodging are new, at least to Moab and may not have been contemplated at the time of adoption of the General Plan. The proposed use however, does fit precisely within the C-3 zone distract allowed uses, malang it consistent with the views of the general plan and the drafting of the C-3 zone district. C. /s the amendment consistent with the policies and goals of the general plan? See Section V., Compliance with 2002 General Plan above. D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? The site is bordered by commercial zoning completely on three sides and a portion of the forth with residential zoning across Walnut Lane to the north. As such, this does not represent the introduction of zoning inconsistent with surrounding uses. The redevelopment of Page 84 of 92 Page 47 of 66 5-1 this parcel will not require the extension of city utilities or road system. Based on this the pphcant-does-not believe that -this -proposal represents any adverse impact to the community. E. Is if in the public interest to approve the proposed amendment? It is clearly in the public interest to approve this request for zoning text amendment. The proposed redevelopment of the subject parcel pursuant to the text amendment will close and remove the trader court once replacement housing has been completed. This, in and of itself, should be adequate benefit to the community to support this application. The redevelopment of the site into a hoteVresort/spa with associated commercial will significantly benefit the community by adding jobs, adding tax revenue, while adding an element to Moab lodging currently missing. F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? As previously stated this amendment will lead to the positive redevelopment of the subject site, 7 plus acres, within the downtown core. G. VVII the amendment provide a variety of options for residents in terns of economic development, affordable housing, or other benefits? The redevelopment of this subject parcel pursuant to the text amendment will provide significant economic stimulus to the community. The construction of a hoteVresort/spa with associated commercial space will require several years of planning, design and construction infusing tens of millions of dollars into the community. Once complete this development will employee a sizable staff. The operation of this facility will provide significant tax revenue for the City, on a site that currently provides no economic benefit to the city or the community at large. The affordable housing benefit to this proposal has been discussed in Section IV above. H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? Although the hoteVresort/spa and associated commercial space has not been designed at this time, it 15 the intent of the applicant to comply with the dimensional requirements of the C-3 zone district. Since this zone district surrounds the subject parcel on one site completely and two sides partially, with the C-2 commercial zone surrounding the parcel on the south and west sides, this proposed text amendment does not introduce a use inconsistent with surrounding uses. For this reason the relationship between the redevelopment of this subject parcel and surrounding parcels will be positive and consistent with the town vision when ongmally zoned. Page 85 of 92 Page 48 of 66 5-1 From a land use standpoint, the governing rationale is to keep commercial and lodging activity confined to the_central core. This_prop_osal conforms with that rationale.The boundary definition of the commercial core could be questioned but that too has been defined by current zoning. This subject parcel is surrounded by C-3 and C-2 commercial zoning. It appears that the only reason a portion of this subject parcel was originally zoned R-4 was to accommodate the existing trailer court. This trader court will be closed. From a budding scale perspective, the surrounding buildings are two storey, pitched roof construction but have the ability under current zoning to increase to the zoning limits, the same zoning limits that govern this parcel if zoned completely to C-3. Timing then becomes a consideration. Since the adjacent surrounding parcels as well as the front third of this subject parcel can be redeveloped at any time to the commercial zoning limits, the argument simply does not exist that this parcel will be out of scale with the surrounding property and uses. Page 86 of 92 Page 49 of 66 3--g1 A A . = - C 2. Page 87 of 92 Page 50 of 66 e n n 5-1 at 04. Mo City of Moab Planning and Zoning Department Correspondence October 14, 2011 PL-II-217 Memo To: Honorable Mayor and Members of Council From: Planning Staff,e Subject: Acceptance of Warranty Deed for Dedication of Right -of -Way of a Portion of West Center Street as Submitted by the Owners of 3 Dogs and a Moose Cottages, David and Kimberly Boger and Denice Crall Background On September 12, 2011, the Planning Commission reviewed the site plan for a small addition to the 3 Dogs and a Moose Cottages located in the C-2 Zone at 171 West Center Street. The application for the commercial site plan amendment is required under Code Chapter 17.09.660 whenever an expansion of a use is proposed. Currently there is not a dedicated right-of-way fronting the property where the cottages are located. However, because of recent case law and an amendment to Utah State Law by the legislature, the road is considered a public access street. This situation is similar to that of Michael and Heather Taylor farther west on West Center Street in that a dedicated right-of-way is not in place so a building permit cannot be issued. As per the code, the building as it exists, is a non -complying structure and cannot expand. Staff has worked with the property owners to create a dedication that will keep the structure in compliance with a setback of 25 feet, a requirement for the C-2 Zone. The dedication brings the property into full compliance with the code. p:\planning department \2UII\correspondence \pI-II-217 cc 3 dogs and a moose row ded.docx Page 51 of 66 WARRANTY TY DEED DAVID B. BOGER AND I IM13ERLEY M. BOGER, husband and wife, as joint tenants, and undivided'/ interest; and DENICE M. CRALL and MATTHEW OLDING, as joint tenants, an undivided % interest,; (the relationship between David B. Boger and Kimberley M. Boger, on one hand, and Denice M. Cra11 and Matthew Olding, on the other, is that of tenants in common), Grantors, hereby CONVEYS and WARRANTS to the CITY OF MOAB, a Municipal Corporation, Grantee, of Moab, Utah, for good and valuable consideration, the following described tract of land in Grand County, State of Utah, to -wit: DESCRIPTION OF A PARCEL OF LAND IN THE NW/4 SECTION 1, T 26 S, R 21 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS N 78'45128"W 358.46 FT. FROM THE CENTERLINE MONUMENT AT THE INTERSECTION OF 100 WEST AND CENTER STREET, SAID POINT ALSO BEARS WEST 565.83 FT. THENCE NORTH 512.05 FT. FROM THE CENTER CORNER OF SECTION 1, T 26 S, R 21 E, SLM, AND PROCEEDING THENCE WEST 135.0 FT., THENCE NORTH 2O.8 FT., THENCE EAST 135.0 FT., THENCE SOUTH 20.8 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.06 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE MONUMENTED CENTERLINE OF 100 WEST STREET BETWEEN 100 NORTH AND CENTER STREETS (RECORD BEARING FOR SAID LINEN 0' 17'E). Subject to all easements, rights of way, restrictions, and conditions of public record and as shown in the recorded plat. Witness the hand of said grantors, this By: David B. Boger, L'1t&day of C 2011. erley M. = i g r By: Denice M. Crall By: Matthew Olding /0 /Z/ij Da /V � / ,1 Da e Date Cc( Date Page 52 of 66 5-3 State of Utah County of Grand On the 1-4 day of n Cfr Lot , personally appeared before me l 0n9 , who duly acknowledged to me that they executed G Q_ M • Grp the same. My Commission Expires: Notary Public Residing in: Grand County DAWN RENAE EDDY Notary Public State. of Utah My Commission Expires on: May 20, 2014 Comm. Number: 582584 Page 53 of 66 State of Utah } }ss. County of Grand } On the 12th day of October 2011, personally appeared before me David B. Boger and Kimberley M. Boger the signer of the within Warranty Deed, who duly acknowledged before me that they executed the same. DAWN RENAE EDDY Notary Public State of Utah My Commission Expires on: May 20, 2014 Comm. Number: 582584 (t.uk, &at I NOTARY PUBLI Residing in: My Commission Expires: Page 54 of 66 Resolution # 19-2011 A RESOLUTION TERMINATING THE AGREEMENT FOR THE PROVISION OF BILLING SERVICES BY AND BETWEEN THE CITY OF MOAB, UTAH AND CANYONLANDS COMMUNITY RECYCLING WHEREAS, the City of Moab (the "City") and Canyonlands Community Recycling entered into An Agreement for the Provision of Billing Services by and Between the City of Moab and Canyonlands Community Recycling, dated August 11, 1998 (hereinafter "the Agreement") ; and WHEREAS, the Agreement provides that either party may terminate the Agreement for any reason with 30 days' written notice; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to terminate the Agreement by giving 30 days' written notice to Canyonlands Community Recycling and to provide information to the public regarding alternative methods to make contributions to Canyonlands Community Recycling. Passed and adopted by action of the Governing Body of the City of Moab in open session this 25th day of October, 2011. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder Resolution #19-2011 Page 1 of 1 Page 55 of 66 Resolution 18-98 APPROVING AN AGREEMENT FOR THE PROVISION OF BILLING SERVICES BY AND BETWEEN CITY OF MOAB, UTAH AND CANYONLANDS COMMUNITY RECYCLING. Whereas, the City of Moab regulates the collection of solid waste within the City; and Whereas, Canyonlands Community Recycling augments the solid waste collection system by providing recycling collection and processing services for Moab and Grand County; and Whereas, the City of Moab desires to support Canyonlands Community Recycling by providing a billing services for residents who wish to make a donation to Canyonlands Community Recycling; and Whereas, the Agreement for the Provision of Billing Services by and Between the City of Moab and Canyonlands Community Recycling is Attached to this Resolution; NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY RESOLVE TO APPROVE SAID AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS BODY. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing body of Moab City in open session this m_ day of azep� - , 1998. Attest: Rachel Ellison City Recorder CITY OF MOAB By: Karla Hancock Mayor Page 56 of 66 AGREEMENT FOR THE PROVISION OF BILLING SERVICES BY AND BETWEEN THE CITY OF MOAB AND CANYONLANDS COMMUNITY RECYCLING tl� THIS AGREEMENT made and entered into this 11day of 4-t. , 1998 between the CITY OF MOAB (hereinafter "City') a political subdivision of"the State of Utah, and Canyonlands Community Recycling, a Utah non-profit corporation (hereinafter "CCR"). RECITALS This Agreement is entered into with reference to the following facts and circumstances: A. The collection and processing of recyclable materials is an important part of an integrated solid waste management system. B. City provides for solid waste collection and disposal services for City residents, but does not mandate or regulate recycling services for residents. C. City wishes to support recycling efforts in the community. D. CCR provides recycling services, but has limited means by which to collect funds for the operation of the recycling program. E. City is able to provide billing services for essential City services. AGREEMENT 1. City hereby agrees to provide for CCR billing services for voluntary donations to recycling program administered by CCR. Such billing service shall be performed in conjunction with City's regular monthly utility billing. 2. CCR agrees to pay City 10% of each donation paid to the City to cover administrative costs. The amount of the donation shall not exceed $3.00 per month. 3. City agrees to remit to CCR on a monthly basis 90% of all donations received pursuant to this agreement. City shall in no case be responsible for the collection of donations billed to the customer, but not received by the City. All funds paid to CCR pursuant to this agreement shall be applied to costs associated with providing recycling services. 4. Either party with 30 written days' notice may terminate this agreement for any reason. Approved and accepted on the date below: Canyonlands Community Recycling By: 'jr��t�� Date: 198 City of Moab 1ar44,teerizzyr,./e.._ la Hancock, Mayor Date: A • C_. ter( ^ Rachel Ellison, Recorder Date: - I l - c"I 0 Page 57 of 66 5-4 Resolution # 20-2011 A RESOLUTION ESTABLISHING CITY PARK USE POLICIES FOR THE CITY OF MOAB WHEREAS, the City of Moab owns and operates parks, trails and other facilities within the City of Moab; and WHEREAS, the City of Moab has found it necessary to more formally establish policies for the reservation and use of said parks trails and other facilities; and WHEREAS, subsequent to adoption of these policies by the Moab City Council, the Council wishes to allow administrative changes to these policies for scheduling and other minor changes; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to adopt the attached City of Moab City Park Use Policies and to allow for further minor revision of these policies to be effected by administrative action. Passed and adopted by action of the Governing Body of the City of Moab in open session this 25th day of October, 2011. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder Resolution #20-2011 Page 1 of 1 Page 58 of 66 City of Moab City Park Use Policies The City of Moab is pleased to provide a beautiful park and trail system within the City of Moab and the surrounding area. Swanny Park, Rotary Park, Old City Park, the Center Street Ballfield, the Bark Park, and Sun Court are official City parks. The City also has responsibility for the Millcreek Parkway trail system, Anonymous Park, (the BMX track) and other smaller park areas and trails in the area. The City has General Park Policies that apply to all parks and park areas, as well as specific use policies for each park and park area. Portions of Rotary Park and Old City Park may be reserved for private use for birthday parties, weddings and more. Swanny Park is not a reservation park, but organizations that have special events can get special permission to use the park for events that provide broad benefits to the community, so long as the park remains open for use by the public. Other parks and park areas may be used by special permission as well. Use of city parks for special events may be subject to a Special Event License or a Special Business Event License. Below you will find park policies that apply to all city parks and areas, along with policies for each park. You will find the reservation, fee and use policies, along with other useful information. General Park Policies The following policies apply to all city parks and pathways: • There is NO SMOKING at any city park, park area or pathway. • There is NO ALCOHOL allowed at any city park, park area or pathway. • There is a 10:00 curfew at all city parks, park areas and pathways. • With the exception of the Bark Park and the city pathways, there are NO DOGS or other pets allowed at city parks and park areas. Dogs are allowed parkways and trails, but your dog must be on a leash and under your control when it is on the parkway or trail within city limits. • Bounce houses and other inflatable structures are NOT ALLOWED in city parks. • The conduct of an event at a city park may require a Special Event License or a Special Event Business License. Please contact the City Recorder's Office for information about Licensing. Slacklining is NOT ALLOWED in city parks, except for in designated areas at Swanny Park. • Moved -on structures will only be permitted in city parks as part of a special event license. • Tent spikes shall not be used, as they damage sprinkling systems. Reservation Parks Old City Park, located at the intersection of Old City Park Road and Murphy Lane, and Rotary Park, located at 630 Millcreek Drive are Reservation Parks. This means that private groups can rent portions of the park by making a reservation and paying a fee prior to the scheduled day of the reservation. Fees vary based on duration of use, and the amount of the park to be used. Without a reservation, individuals may use park areas on a first come -first served basis, provided that non -reserved use does not conflict with a reservation. The following guidelines apply to parks reservations: 11Page Page 59 of 66 5-5 General Reservation Policies • Reservations for Old City Park and Rotary Park should be made with the Public Works Department by calling (435) 259-7485. • All reservations require payment of a fee, according to the Schedule of Fees. • Cleaning and Damage Deposits are required for all groups over 100. • The group or person making the reservation must ensure that all garbage and recycling generated from the use of the park are picked up and deposited into the appropriate containers when the use/event is complete. For reservations requiring a cleaning and damage deposit, Parks staff will inspect the area after the use to determine if the cleaning and damage deposit may be returned. It will be up to the discretion of the Parks staff to determine if all or a portion of the cleaning/damage deposit should be returned to the user. • Reservations for use of Old City Park and Rotary Park may be made up to one year in advance of the reservation time. • Parks may be reserved from 7:00 am until 10:00 p.m. Parks may not be reserved during Maintenance Times. Maintenance Times are specified in each park's policies, below. • Reservation fees must be paid to the City Treasurer's Office within seven (7) days of making the reservation. Reservations that are not paid within the seven day time frame will be relinquished. In the event that a reservation is cancelled up to three days prior to the event, the reservation fee is refundable upon request to the City Treasurer's Office. No refunds will be given for reservations cancelled within three days of the event. • Weather -related refunds will not be given. • All personal items including decorations, props, tables, chairs, etc, must be removed immediately following the reservation time. Costs associated with cleaning expenses may be deducted from the damage and cleaning deposit. Old City Park (located at the intersection of Old City Park Road and Murphy Lane) In addition to the General Park Polices and the General Reservation Policies, the following conditions apply to the use of Old City Park: • The reservation area includes the portion of the park encompassing the pavilion area to and including the stage. • The entire day of Wednesday is Maintenance Time at Old City Park. No reservations will be made for Wednesdays. • Use of amplified music requires separate approval by the City Council. Requests for amplified music must be submitted in writing to the City Recorder's Office at least three weeks prior to the scheduled event. • Use of electricity for approved amplified music or for electricity usage in excess of the standard 120 volt outlets at the park requires an additional fee, as shown in the Schedule of Fees. • Approved amplified music must be curtailed by 9:00 pm. • No children or adults allowed in the duck pond area. • Events extending more than one day require City Council approval, at least four weeks prior to the reservation day. 21Page Page 60 of 66 5-5 Rotary Park (located at 630 Mil!creek Drive) In addition to the General Park Policies and the General Reservation Policies, the following conditions apply to the use of Rotary Park: • The reservation area includes the covered Pavilion area only. • Monday is maintenance day. No reservations will be made for Mondays before 3:00 pm. • Amplified music is not allowed at Rotary Park. • A volleyball net may be set up for your reservation with prior request. Renter should bring their own ball. • The Moab Rotary Club is exempt from paying the reservation fee, but must obtain all other necessary permits and approvals. Use of Other Parks and Park Areas Swanny Park (located between 100 and 200 West from 300 to 400 North) In addition to the General park Policies, the following conditions apply to the use of Swanny Park: Swanny Park is not considered a reservation park. Swanny Park is meant to be open to the public on a first -come first -served basis. Therefore, special use of Swanny Park for special events is limited and subject to approval by the Moab City Council. The following conditions apply to the use of Swanny Park: • The City Council may approve use of the Swanny City Park for events that provide clear benefits to the community. Examples include festivals and events that provide economic benefits to the community and fund-raising events for bonafide community groups and activities. Any such use approved by the City Council must allow free entrance and use of the park by the public during the event in question. To request use of Swanny Park for a special event, the group should submit a request to the Moab City Council by submitting an Application for Special Use of City Parks. This application must be submitted, along with any special event license application, to the City Recorder's Office six weeks prior to the scheduled event. • No admission fees may be charged by the user for entrance into the park for approved uses. Use will not be approved for private business events that serve a limited clientele and do not serve the broad interests of the community. Approved use of Swanny Park for special events requires payment of a special event fee and a damage deposit. • For events that obtain City Council approval for use of the park, a Park Use fee will be charged according to the size and duration of the event, according to the Schedule of Fees. • Use of Swanny Park for events that involve fewer than 50 people and that do not involve business activity, amplified music, moved -on structures or other special accommodations does not require prior permission, special event licensing, or the payment of a fee. Such use is on a first come -first served basis. • The Park Use Fee will be in addition to any Special Event Licensing Fees. Questions about what permits and licenses your group may need to use Swanny Park for an event should be directed to the City Recorder's Office at (435) 259-5121. Please see the Schedule of Fees for more information about fees. • Swanny Park may not be used for the conduct of a private business. • Slack line use is permitted only on dedicated slack line posts in the northeast corner of the park. Use of the slack line posts is on a first come -first served basis. 31Page Page 61 of 66 5-5 " Unless approved in advance, no vehicles are allowed on the Swanny Park grass. Any damage caused by vehicles will be the responsibility of the park user. " Special events will be required to arrange for additional garbage and recycling pick-up at the event's expense. Center Street Ballfield (located on East Center Street) In addition to the General Park Policies, the following conditions apply to the use the Center Street Ballfield: The Center Street Ballfield, located on East Center Street, is primarily used for sports activities and tournaments sponsored by the Moab City Recreation Department. Because of its extensive use for City recreation programming, the Center Street Ballfield is available for private reservation and special events on a limited basis. The following conditions apply to the use of the Center Street Ballfield: " Use of the Center Street Ballfield for special events is subject to City Council approval. Please contact the City Recorder's Office about the guidelines for applying for a special event. To request use of the Center Street Ballpark for a special event, the group should submit a request to the Moab City Council by submitting an Application for Special Use of City Parks. This application must be submitted, along with any special event license application, to the City Recorder's Office six weeks prior to the scheduled event. " All use of the Center Street Ballfield should be coordinated with the Moab City Recreation Department, (435) 259-2255. " Reservations for small groups that do not charge a fee for participants may simply make a reservation with the Moab City Recreation Department and pay the appropriate fee as shown in the Schedule of Fees. " Use of the lighting system at the Center Street Ballfield entails a separate fee. Sun Court (located on East Center Street next to the Center Street Gym) In addition to the General Park Policies, the following conditions apply to the use of Sun Court: Sun Court is a multi -use sport court that is generally open to the public on a first -come first served basis. Event organizers may be granted permission to use Sun Court for special events. The following are conditions that apply to the use of Sun Court. " Any use of Sun Court that involves more than 50 people, entails amplified music or involves business activity of any kind, must get approval from the City Council for said use, and may be subject to Special Event Licensing Requirements. To request use of Sun Court for a special event, the group should submit a request to the Moab City Council by submitting an Application for Special Use of City Parks. This application must be submitted, along with any special event license application, to the City Recorder's Office six weeks prior to the scheduled event. 41Page Page 62 of 66 5-5 The Bark Park (located at the corner of 300 South and 100 East) The Bark Park is a dog park designed for the enjoyment of off -leash dogs and their owners. The Bark Park is not open for Reserved or Special Event use. The Bark Park's general use policies are as follows: • All dogs must have a current vaccination and shall wear a visible license tag. • The park is an off -leash area; owners and pets use the park at their own risk. • Dogs must be under owner's voice control at all times. • Owners must closely supervise their dogs and remain in the enclosure with their dogs at all times. • Feces shall be removed immediately and disposed of properly. • Children under seven years of age are not allowed to enter; children 7-14 years must be accompanied by an adult. • No more than two (2) dogs per owner may be off -leash at one time. • Prohibited: dogs under four months of age; dogs that are ill or in heat; dogs with internal/external parasites (fleas, ticks, worms); aggressive dogs or overly fearful dogs; spiked, choke or prong collars. • Dogs shall not dig or disturb park resources. • No rawhide, bones or food allowed inside the enclosure. • Owners must possess a valid driver's license or government -issued identification card. • Violation of a dog park rule may result in loss of use privileges and/or citations The Mill Creek Parkway and other Park Areas In addition to the General Park Policies, the following conditions apply to the use of the Mil!creek Parkway and other park areas: Use of the Parkway and other park areas within the City is subject to the General Park Use Policies. These areas are not generally available for reservation or special event use. However, if a group would like to sponsor an event on the Mill Creek Parkway, they should contact the City Recorder's Office about obtaining proper approvals, permits and licenses. The Center Street Gym (located at 203 East Center Street) Although the Center Street Gym is not a city park, inquiries are often made as to the use of the Gym for special events and use. Inquiries as to the availability and reservation of the Center Street Gym should be made through the City Recreation Department at 259-2255. Inquiries about requirements for special event licensing should be made to the City Recorder's Office at 259 5121. Special Event Licensing Sometimes an activity in a city park will require a Special Event Business License or a Special Event License. A Special Event Business License will be required for any event in which retail sales are conducted, by vendors, entrance fees are charged, or vendor sell goods and services. A Special Event License will be required for any gathering, parade, rally, celebration or other similar event that does not involve business activity, whether open to the public or not, where daily attendance may exceed 100 persons or that that a quantifiable impact to city services or the health, welfare or safety of the citizens. These licenses require payment of an additional fee. Park users should check with the City Recorder's Office at 435 259 5121 to determine if a Special Event Business License or Special Event License is needed and to find information about licensing fees. 51Page Page 63 of 66 5-5 Resolution # 21-2011 A RESOLUTION ESTABLISHING A FEE STRUCTURE FOR CITY PARKS AND OTHER FACILITIES WHEREAS, the City of Moab owns and operates parks, trails and other facilities within the City of Moab; and WHEREAS, the City allows for reservation and use of said parks, trails and other cities; and WHEREAS, the City finds it necessary to charge reservation and user fees for the reservation and use of said parks, trails and other facilities; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to adopt the Schedule of Fees as shown on the following page. Passed and adopted by action of the Governing Body of the City of Moab in open session this 25th day of October, 2011. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder Resolution #21-2011 Page 1 of 2 Page 64 of 66 Moab City Park Reservations and Use Schedule of Fees Rotary Park and Old City Park -- To reserve call (435) 259 7485 Center Street Bal!field -- To reserve call (435) 259 2255 Reservation for 3 hours or less $30 Non-profit/Resident Use (no admission fee) $10/hour $100/day Reservation for greater than three hours (fee applies per day) $75 Non-profit/Resident Use (with admission fee) $12/hour $120/day Damage and Cleaning Deposit for Groups 100- 300 $100 Commercial Use (no admission fee) $225/day Damage Deposit for Groups over 300 $500 Commercial Use (with admission fee) $400/day Fee for approved Amplified Music or other electricity needs in excess of 120 volts $30 Tournament Rates Negotiated with Recreation Coordinator No charge for Rotary Club Park for Rotary Use of Lights $10/ hour Swanny Park (by special permission only) Center Street Gym -- to reserve call (435) 259- 2255 Use of up to 4 hours $50 Private Use by Grand County residents $15/hour Use of 4-8 hours $100 Private Use by non - Grand County residents $30/hour Use of greater than 8 hours (per day charge) $500 Commercial Use $60/hour Damage Deposit for Groups100-300 $100 Damage and Cleaning Deposit for Special Events $100 Damage Deposit for groups over 300 $500 Commercial Use (with admission fee) $400/day Sun Court Other Park Areas 3 Hours or Less $25 All other areas $15/hour Greater than 3 hours (fee applies per day) $50 Please note: Use of parks that requires a Special Business Event or a Special Event license requires the payment of additional license fees Resolution #21-2011 Page 2 of 2 Page 65 of 66 RESOLUTION #22-2011 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Zion's First National Bank 33o South Main Moab, Utah 84532 Wells Fargo Bank 4 North Main Street Moab, Utah 84532 Utah Public Treasurer's Investment Fund E315 State Capitol S.L.C., Utah 84114 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the 25th day of October, 2011, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Recorder, Rachel Stenta Treasurer, Jennie Ross Deputy Recorder, Danielle Guerrero Deputy Recorder, Beth Joseph Deputy Treasurer, Chantel Lindsay City Councilmember Kyle Bailey NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Zion's First National Bank of Moab or Wells Fargo Bank of Moab may be withdrawn by the combined signatures of one (i) of the Recorder or Deputy Recorder and any one (i) Treasurer or Deputy Treasurer who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Councilmember shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (1) City Councilmember. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 25th day of November, 2011 in open Council at Moab, Utah. Approved: Attest: Rachel E. Stenta City Recorder David L. Sakrison Mayor Resolution #22-2011 Page 1 of 1 Page 66 of 66