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HomeMy Public PortalAboutPKT-CC-2012-01-24CITY OF MOAB January 24, 2012 PRE -COUNCIL WORKSHOP **6:00 PM** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 102 Page 2 of 102 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, January 24, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:00 PM JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP Annual Open Meetings Act Training 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES None 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: PRESENTATIONS None SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab SECTION 6: CONSENT AGENDA 6-1 Approval of Local Consent of a Proposed Limited Restaurant Liquor License for Shawn Welch, d.b.a. Moab Grill Located at 540 South Main Street 6-2 Approval of a Class II Beer License for Shawn Welch, d.b.a. Moab Grill located at 540 South Main Street Page 3 of 102 6-3 Approval of a Special Business Event License for Canyonlands Half Marathon and Five Mile Run to be held on March 16 and 17, 2012 at the Center Street Gym and Swanny City Park SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Resolution #01-2012 — A Resolution Amending the Fiscal Year 2011/2012 Budget 7-2 Approval of Proposed Resolution #02-2012 — A Resolution Amending the Parks Fee Schedule 7-3 Approval of a Petition to Vacate, Alter or Amend an Subdivision Plat in the C- 2 Zone Located at 275 and 285 West Williams Way as Submitted by Michael and Ellyn Johnson 7-4 Approval of Proposed Ordinance #2012-04 — An Ordinance Changing the Zoning on the Ted and Lynn Wolfe Property Located at 62 North and 200 East and Amending the City of Moab Official Zone Map 7-5 Approval of Proposed Ordinance #2012-02 — An Ordinance to Amend Title 17.21 of the Moab Land Use Code, by Adding Clarity to Chapter 17.24030 for Residential Uses in the C-2 Residential -Commercial Zone and to Provide for a Lot Coverage Exception for Emergency and Other Types of Housing 7-6 Approval of Proposed Resolution #03-2012 - A Resolution Amending the Fee Structure for Weekend Private Parties at the Moab Arts and Recreation Center 7-7 Approval of a Hillside Development Permit Application for the Construction of the Transit Hub as Submitted by Grand County 7-8 Discussion Regarding a Possible Resolution Supporting Federal Action to Ensure that Corporations do not have Constitutional Rights and that Money does not Constitute Speech SECTION 8: READING OF CORRESPONDENCE SECTION 9: ADMINISTRATIVE REPORTS SECTION 10: REPORT ON CITY/COUNTY COOPERATION SECTION 11: MAYOR AND COUNCIL REPORTS SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website or updates at: www.moabcity.org Page 4 of 102 Public Hearings/Public Notice Which is the crowd you get? Page 5 of 102 PUBLIC NOTICES WHAT'S REQUIRED AND A WAY TO RETHINK HOW WE USE THEM io-9a-2o5. Notice of public hearings and public meetings on adoption or modification of land use ordinance. (1) Each municipality shall give: (a) notice of the date, time, and place of the first public hearing to consider the adoption or any modification of a land use ordinance; and (b) notice of each public meeting on the subject. 1,EAGUi aP 1 ■ ° A . -d'sAND`9 Page 6 of 102 Public Meeting Public Hearing ❑ Posted and Noticed ❑Posted and Noticed ❑ Happens within a public CI Open to the public meeting on a specific agenda item ❑ Agenda with items CI Input required —anyone can listed comment ❑ Can limit time of input - CI Public input not must be uniform (due required process) ❑ Can accept written comments ❑ Can continue to another z LAG night Page 7 of 102 For land use final actions -How many public hearings are now required by State Law ? v�AcU•C4, AND ,So Page 8 of 102 i. General Plan i by the PC 2. Land Use Ordinances i by the PC 3. Subdivision Ordinance i by the PC 4. Vacating/Altering or Amending a Subdivision plat i by the LUA 5. Vacating astreet/ right of way or easement i by the CC 6. Annexation policy plan i by the PC 7. Annexation Adoption by CC ANll t Page 9 of 102 g processIm rovin the p EDUCATE! Ask- Why are we regulating this? -We are here to say How - Not No 'Know when to engage and when not to engage •The Purpose of a Public hearing is: 1) To Inform 2) To Be Informed 3) Not to get consent of crowd 4) Not in business of creating investments Page 10 of 102 0 P �M A Utah Open & Public Meetings Act jdo Utah Code 52-- - � Do I have to follow this law? Yes...if you are: An administrative, advisory, executive or legislative body of the state or its subdivisions and; were created by the Utah constitution, statute, or rule, ordinance or resolution. Annual Training is required Written and recorded minutes required Proper notice of quorum or majority of members S-'�ACti �■ o SAND Page 11 of 102 Utah Open &Public NI Meetings Act Utah Code 52-- - Examples: Who is subject to this law? DABC State records City Council City or Council Advisory Boards: Planning/Appeals/ Project Committeesti���U� AND -° Page 12 of 102 Utah Open &Public Meetings Act Utah Code 52-- - Who is not? Examples: Political parties groups & Caucuses State Legislative conference, rules and sifting committees Community Councils tiV.AGU �� n cn z f�is ND`s.O. Page 13 of 102 Utah Open &Public Meetings Act Utah Code 52-- - What is a Meeting? Meeting means the convening of a public body with a quorum present Including a workshop or an executive session whether the meeting is held in person or by means of electronic communication for the purpose of discussing, receiving comments from the public about or acting upon a matter of which the public body has jurisdiction or advisory power. tiV.AGU �� n cn z f�is ND`s.O. Page 14 of 102 Utah Open &Public NI Meetings Act Utah Code 52-- - What does meeting not mean? ➢ A chance meeting ➢ A social meeting ➢ Meeting of public body with both legislative and executive responsibilities where: 1. No public funds were appropriated 2. Meeting where no formal action is required (administrative) • tiV.AGU �� n cn z f�is ND`s.O. Page 15 of 102 Utah Open &Public Meetings Act Utah Code 52-- - Closed meetings An open meeting can be closed for: 1) Discussion of individuals character, professional competence, or physical or mental health (personnel) 2) Strategy session to discuss collective bargaining 3) Strategy session to discuss pending or reasonably imminent litigation 4) Real estate or water right or water share transactions (if conditions are met) 5) Deployment of Security personnel, devices or systems 6) Investigative proceedings regarding allegations of criminal misconduct The law does not require any meeting to be closed — discretionary not mandatory %RAG& ar' n z ��,tOsAnr� �0 -- Page 16 of 102 Utah Open &Public 11 Meetings Act Utah Code 52-- - What happens if someone violates the OPMA? 1. A court can void any action in violation of the law 2. Any member who intentionally violates or abets can be convicted of a class B misdemeanor (6 months jail- and/or $1, o 0 o fine) Page 17 of 102 1. Must disclose interests on public file 2. Cannot accept gift over $50 3. Conflict of interest —Financial vs. Political -must disclose then can vote 4. Ex pane communication Work together -make it simple and clear Page 18 of 102 INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF FOSTER SUBJECT: CITY SOLAR PANEL STATISTICAL CHARTS DATE: JANUARY 18, 2012 Kyle Bailey made a request that the charts I have been handing out since the City Center Solar Installation was completed be provided electronically. So, I will provide them to you in your Council Packets as the charts become available each month. If you would like a hard copy of these charts or any related information I will be more than happy to provide it to you, but if not we will save the paper. Page 19 of 102 SOLAR GENERATION DATA CHARTS Monthly Solar Data Report: Total Solar Savings Dec-11 DEC 2011 $ SAVINGS $500.00 $400.00 $300.00 $200.00 $100.00 CITY SOLAR PROJECTS TOTAL MONTHLY SAVINGS * CITY CENTER, $488.84 MRAC, $1 MARC, $51.75 $650.32 MARC CITY CENTER MRAC DEC 2011 CO2 Savings in Ibs. 14,000 12,000 10,000 8,000 6,000 4,000 2,000 CITY SOLAR PROJECTS CARBON DIOXIDE SAVINGS 15,430 CITY CENTER, 12,732 7�C, 1,748 CITY CENTER 1 MRAC Monthly Solar Data Report : Per Site Savings The following data pertains to the following facilities: The Moab City Center, The Moab Arts RecreaPt n ttlFierevlARC), and the Moab Recreation Aquatics Center (MRAC). SOLAR GENERATION DATA CHARTS $6,000.00 $5,000.00 $4,000.00 $3,000.00 $2,000.00 $1,000.00 $0.00 SOLAR GENERATION COST SAVINGS ALL SITES COMBINED TOTAL $6,363.70 $5,713.38 ■TOTAL Solar $ SAVINGS TOTAL MONTHLY BILL TOTAL MONTHLY BILL TOTAL Solar $ SAVINGS $3,000.00 $2,500.00 $2,000.00 $1,500.00 $1,000.00 $500.00 $0.00 SOLAR GENERATION COST SAVINGS MRAC SITE $2,963.87 i $3,073.60 ■ Potential Monthly Savings * UTILITY BILL TOTAL UTILITY BILL TOTAL Potential Monthly Savings * Dec-11 $3,000.00 $2,500.00 $2,000.00 $1,500.00 $1,000.00 $500.00 $0.00 SOLAR GENERATION COST SAVINGS CITY CENTER SITE $488.84 $3,047.06 $ir.22 ■ Potential Monthly Savings * UTILITY BILL TOTAL UTILITY BILL TOTAL Potential Monthly Savings * $200.00 $150.00 $100.00 $50.00 $- i SOLAR GENERATION COST SAVINGS MARC SITE $243.04 $191.29 ■ Potential Monthly Savings * UTILITY BILL TOTAL UTILITY BILL TOTAL Potential Monthly Savings * he following data pertains to the following facilities: The Moab City Center, The Moab Arts Recreant n tUldr°(?vlARC), and the Moab Recreation Aquatics Center (MRAC). SOLAR GENERATION DATA CHARTS Monthly Solar Data Report : Site Percent of Total $ Dec-11 CITY CENTER 84% PURCHASE SOLAR GEN MARC Generation 79% PURCHASE ■ SOLAR GEN MRAC Generation 96% PURCHASE SOLAR GEN GRAND TOTALS 4t* PURCHASE ■ SOLAR GEN The following data pertains to the following facilities: The Moab City Center, The Moab Arts Recrenn ;Pleir°(?vlARC), and the Moab Recreation Aquatics Center (MRAC). CITY OF MOAB PUBLIC HEARING ORDINANCE #2012-03 The City of Moab will hold a Public Hearing on Tuesday, January 24, 2012 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab. Copies of the proposed ordinance are available at the Moab City Recorder's office and at www.moabcity.org. In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, January 12 and 19, 2012. R:\Notices\2012\ord 2012-03 south area.doc Page 23 of 102 5-1 ORDINANCE 2012-03 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING PROPERTY TO THE CITY OF MOAB WHEREAS, THE Moab governing body has received a petition for annexation of certain property as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for urban development as defined by Utah State Law; and WHEREAS, the City Council has determined that the property meets the requirements of the City's annexation policy plan; and WHEREAS, the landowners of the affected property have consented to and petitioned for this annexation and the City Recorder has certified that the application complies with applicable law; and WHEREAS, the City Council has considered comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application, as required by law; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab City that: The property described in Exhibit "1" and located at approximately 960 Millcreek Drive to 1627 Millcreek Drive and then extends to approximately 2200 South Highway 191 is hereby annexed into the City of Moab and the zoning designation for said annexation shall be as outlined on the attached North Area Zoning map. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. PASSED AND APPROVED THIS 14th DAY FEBRUARY OF, 2012. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Ordinance 2012-03 Page 1 of 1 Page 24 of 102 Legend 11Mu=u=n 1 ti 7 7 City Limits Area of Proposed Annexation Ownership Parcels Call - Not Petitioned Naylor - Not Petitioned Heaton - Not Petitioned Stroble Trust, Soltes - Petitioned DMA International - Petitioned Housing Authority - Petitioned SITLA - Petitioned Utah State University of Agriculture - Petitioned Intermountain Capital Group - Petitioned Red Rock Partners - Petitioned N City of Moab Proposed South Area Annexation 5001,000 2,000 Ownership Parcels To BeAnnexed 0 _ _ _ 1 inch = 1,000 feet 3,000 Feet N OTI CE OF PROPOSED AN N EXATI ON Notice is hereby given that a petition has been filed with the City of Moab, Utah, to annex 465.76 acres, more or less, of property located south of existing city limits. The annexation area begins at approximately 960 Millcreek Drive to 1627 Millcreek Drive and then extends to approximately 2200 South Highway 191. The property is more particularly described in the full legal description that is available for review at the Moab City Offices and online at: www.moabcitv.orq. Said petition was received by the Moab City Council on November 15, 2011 and certified by the Moab City Recorder on December 5, 2011 which certification states the petition meets the requirements of Title 10-2-403(2), (3) and (4) of the Utah Code Annotated as follows: 1) That said petition contains the signatures of all of the property owners of record of the private real property that: a) is located within the area proposed for annexation; b) covers a majority of the private land area within the area proposed for annexation; c) is equal in value to at least 1/3 of the value of all private real property within the area proposed for annexation; 2) That said petition was accompanied by an accurate and recordable plat or map prepared by a licensed surveyor of the area proposed for annexation; 3) That no previous petition for annexation has been filed which has not been denied, rejected, or granted for the proposed annexation area; A copy of the complete annexation petition is available for inspection and copying at the office of the Moab City Recorder, 217 East Center Street, Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays as well as online at: www.moabcity.org. Moab City may grant the petition and annex the area described in the petition, unless a written protest to the annexation petition is filed - by an affected entity - with the Grand County Boundary Commission and a copy of the protest delivered to the Moab City Recorder. The protest period will be 30 days from the date of certification and will end on January 5, 2012. Protests may be filed with the Grand County Boundary Commission, c/o Grand County Clerk's Office, 125 E. Center St., Moab, UT 84532, between the hours of 8:00 a.m. — 5:00 p.m., Monday through Friday, except holidays. Parties filing a protest must also deliver or mail a copy of the protest to the Moab City Recorder's Office at 217 East Center Street, Moab, UT 84532 on the same day of filing. Page 26 of 102 5-1 Protests may be filed with the Boundary Commission by the legislative body or the governing board of an affected entity. Dated this 5th day of December, 2011. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the TIMES INDEPENDENT December 8, 15 and 22, 2011. Page 27 of 102 5-1 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION Petition date: Petition Description (Approximate Address): Contact Sponsor Name: Contact Sponsor Mailing Address: Contact Sponsor Phone Number: We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailin • Address Si nature 1. t✓ G 3o2I.T / ij 6 2. 3. 4. 5. 6. 7. 8. 9. 10. " Moab City Code 17.12.150 Moab City —Annexation Petition Page 28 of 102 5-1 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 Petition date: PETITION FOR ANNEXATION Petition Description (Approximate Address): Contact Sponsor Name: Contact Sponsor Mailing Address: Contact Sponsor Phone Number: We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printe Name Maili � ;Address Si � nature if-0,(fM•CICA 2 r9e--P.D k-7o7r. 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City —Annexation Petition Page 29 of 102 5-1 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION Petition date: aid Petition Description (Approximate Address): LO+ 145,4 01 SS o F Seato n I l i ToWvrti l io 2� sowilil,12.atAge Iasi", SI-at MI 6ww4o1 O{i. u Contact Sponsor Name: Torn s+eV YI Contact Sponsor Mailing Address: Contact Sponsor Phone Number: We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mauna Address 1. IrAnA 14, Miller 5)0 South 200 vies+ *1-ND 2. 3141 Lt1' it l o k 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition Page 30 of 102 5-1 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION MOAB Petition date: Petition Description (Approximate Address): Contact Sponsor Name: STE>fiWS —T�'- e�y 6'tzcmvP L4e.. Contact Sponsor Mailing Address: 01E5 ` AR(36N tlesA Tpacii ehme,n1DALE, ez). F3Ita.33 istetion46.3teve.nvrtoupinc..dom rAt47D-g103-3307 Contact Sponsor Phone Number: R 70 — 3 0-0699 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailing Address Signature "61 4 6/w��� v /ram70,. i,/,72x/e/e! ,eed Apv. izc 110,/eJ/7.-1-ar, * Moab City Code 17.12.150 Moab City —Annexation Petition Page 31 of 102 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 2594135 PETITION FOR ANNEXATION Petition date: Petition Description (Approximate Address): Contact Sponsor Name: Contact Sponsor Mailing Address: Contact Sponsor Phone Number: We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailing Address Signature 1. - r.UillsAlisi ,�?�� Sr 20.&12"- /2. 7 r4 Fn7 3544 ti) • Salk ti %x. TS?SJ 2. 3 Tt 4A So ZZtoet L.i ,' izQ 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17..12.150 Moab City — Annexation Petition Page 32 of 102 5-1 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION C,1TY OP MOAB Petition date: Petition Description (Approximate Address): Contact Sponsor Name: Contact Sponsor Mailing Address: Contact Sponsor Phone Number: We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailing Address Signature 1. 105 E• 50o S., Suit-c 5 LA SAC u4- �4tnZ 2. 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City —Annexation Petition (ipov $0,s 0 . $uch%, �}gSig�a lTire.tkor- ?farm; °mct Vevtiorke t Page 33 of 102 5-1 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 2594135 PETITION FOR ANNEXATION Petition date: September 14, 2011 Petition Description (Approximate Address): Contact Sponsor Name: Dale Huffaker Contact Sponsor Mailing Address: 1445 Old Main Hill, Logan Utah 84322-1445 Contact Sponsor Phone Number: (435) 797-1148 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailino Address 1.David T Cowley for 1445 Old Main Hill Utah State University Logan} Utah 84322-1445 2. 3. 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City - Annexation Petition Page 34 of 102 5-1 CITY OF MOAB - ANNEXATION PROCESS (REVISED 06/13/07) Petitioner files Annexation Petition with City Recorder Petitioner mails Notice of Intent to affected entities ► Petition may be modified to correct deficiencies and re -filed with City Recorder City Council receives Boundary Commission's Decision within 30 days of conclusion of hearing Lt. Governor issues Certificate of Annexation ► Petitioner mails copies of ► completed petition to Co. Clerk & Planning Chair Notice of Denial mailed within 5 days to Contact Sponsor, Co. Clerk & Planning Chair Notice of Rejection and reasons mailed to City Council, Contact Sponsor, County Council, Planning Chair City Recorder provides copy of protest to Boundary Commission within 5 days of receipt and notifies County Council City Council sets Public Hearing date City Council Reviews at next regular meeting at least 14 days after filing date City Recorder rejects etition for certification County Council or Affected Entity files protest with Boundary Commission within 30 days of City Council Notice of Certification — protest must be mailed to City Recorder No protests are filed City Recorder sends written notice of Annexation to Lt. Governor's Office within 30 days of adoption City Recorder Records Annexation with County Recorder within 30 days of adoption Page 35 of 102 I Moab City Planning Commission Reviews & Recommends City Recorder sends Notice of Annexation to each Affected Entity within 30 days of adoption City Recorder reviews Petition for certification within 30 days of acceptance Petition certified within 30 days City Recorder mails Notice of Certification to City Council, Contact Sponsor, County Council, Planning Chair City Recorder publishes notice of certification once a week for three weeks no later than 10 days after certification City Recorder mails notice of certification to each Affected Entity within 20 days of certification City Recorder publishes notice of ► public hearing at least 7 days prior to hearing City Council holds Public Hearing City Council Grants Annexation by Adoption of Ordinance 5-1 "LIMITED RESTAURANT LICENSE" LOCAL CONSENT Date: A - 49--e) Attn: DABC Licensing & Compliance Section , 0City [ ] Town [ ] County hereby grants its consent to the issuance of a limited restaurant license to: jY1 D(cM ve—aL Business Name: Applicant / Business Owner: Location Address: we,e,AL) Pursuant to the provisions of Utah Code 32B-5-201 and 32B-6-305, this license allows for the storage, sale and consumption of wine / beer on the premises. [ ] Check if applicable LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Print Name / Title This is a suggested form. A city, town, or county's own form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic beverage Control PO Box 30408 Salt Lake City, UT 84130-0408 Limited Restaurant effective 7.1.11 v11.9.11 Page 7 of 46 Page 36 of 102 6-1 DATE PAID: I "-11- ` 2" ` bm AMOUNT PAID: 1t�Q RECEIPT No.: ! tl 1 { 1' CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.00 $80.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: '..„„tr C.L,I5 �.( ) %vi Ga if ZvL%xf_ HOME ADDRESS: CITY: SOCIAL SECURITY NUMBER`: DRIVER LICENSE NUMBER & HOME PHONE:V.A5-;z2/5�j`'�[/ h STATE: ZIP: E OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: VYl erd) &rL[ ( 5-4 l% Y/4 el_ BUSINESS MAILING ADDRESS: ffto S . iv eLL_uD CITY: ✓✓1 1Y%% • SALES TAX ID #: BUSINESS PHONE: al - -*Y/ STATE: Ct. ZIP: Gfl4S. WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS I CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO "13(YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: ucP • Svc) l4/1 i (',a'tic-Gl ah . aor 6 -•t— le60- Al..i,e47 / ,p•otait SArz7f" *Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 37 of 102 6-2 CITY OF MOAB INFORMED CONSENT AND RELEASE OF LIABILITY In connection with my application for a Beer License with Moab City, I hereby authorize the forenamed agency as well as the Utah Bureau of Criminal Identification to investigate my past and present work, education, and law enforcement records to ascertain any and all information, which may be pertinent to licensing regulations. I do hereby release all person, firms, agencies, companies, groups or installations, whomsoever, from any damages of/or resulting from release shall function as an original. /7 Si nature o Applicant Print Name of Applicant Date ture of Witness State of Utah (2)rei County of rGY On the jday of n; c. oss //7I�-o�� Print Name of Witness Date ....41 Lon Mick the same. CARMELLA GALLEY Notary Public State of Utah Comm. No. 578525 My Comm. Expires Sep 22. 2012 My Commission Expires: I/Wiz_ , personally appeared before me , who duly acknowledged to me that they executed Notary Public Residing in: i-a r, County Page 38 of 102 6-2 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature I11.1 IUdeiD , being first duly sworn, on his/her oath deposes and says: That he/ is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge, Subscribed and sworn to before me on this day of CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 My Comm. Expires Sep 22, 2012 afie,/.4 r/ , 241/2 N ry Public Page 39 of 102 6-2 Michael Navarre, Chief of Police MOAB CITY POLICE DEPARTMENT 217 East Center Street, Suite #130 Moab, Utah 84532 (435) 259-8938 FAX (435) 259-8915 Date: 01/19/2012 MCPD-MEMO-12-01-01 To: City Council From: Navarre Re: Temporary beer license A request for a class II beer license was received from Shawn Welch, d.b.a. Moab Grill. A fingerprint card was submitted and a waiver of liability and consent is signed by the applicant. The card and waiver is sent to the Utah Bureau of Criminal Identification for a records check. This process takes 30 days+. It is my recommendation that a temporary beer license be granted to this applicant, pending results from B.C.I. Thanks Page 40 of 102 6-2 Cculyovt la. is 1-64E ktaro i-tvl a.kei FUe- M; l ee 12u0 13 1 mt_vkd hAftIe, r-ood-- rat- s Ce►nf Si-. tI w at Ci Pr ;roc di it - vi11 1 ►cirkI c. Cevv+fr Sfi-. yAl , park LSwC111161y. TEMPORARY STRUCTURES TO BE USED (IF ANY): MiLILI (1 114 — 1.`l 1 2 0 I )— 1-9 prrt 4 l{ any — 4 I'"A ANTICIPATED # OF EVENT PARTICIPANTS: L 7 d 0 NUMBER OF VENDORS PARTICIPATING: Si -I D n A'ilnitfi( k,Ipe, y 1,.em1-I►„ rrbdvds., 5ovici1!ar_e,', -Pr.° C� yLair) DATE PAID: AMOUNT PAID: �F0 . Pa RECEIPT NO.: Cc ( V CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPUCATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT ($80): OR CURRENT CITY OR / COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: $80.00 ZONE: C NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: DATE(S) AND TIME(S) OF EVENT: TYPES OF VENDORS PARTICIPATING IN EVENT: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): en 1 Y t/I -Pie/ 6001 n re I7i-4,.) EVENT SPONSORS NAME: SPONSORS ADDRESS: AiIOal') 14aIf AAar011 igDial� IOC. PHONE: OS- Z77-y52-5 (� . IgdX CITY: )1/4.ko,h STATE: r Ur ZIP: (-16 3 2 SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP O PARTNERSHIP CORPORATION OOTHER (SPECIFY): EVENT SPONSORS SALES TAX ID t NAME REGISTERED WITH THE STATE FOR TAX ID: AA tA6 Ha If AAeirettiuvir THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. I/WE A 04, 61e. 1 kadtil n �� • HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) / BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION ONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICAI (SAONSO GREE Tj� FILE THE PROPER REPORTS WITH THE STATE OF UTAH. gneture of Sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this .5-14- day of NOTARY PUBLIC / Y/. `z !!! ete , 2 a2. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! CANNELLA GALLEY Notary Public IRO o1 Utah Comm. No. 576525 My Comm. Bohm 8p 22, 2012 Page 41 of 102 6-3 I CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM RM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: ..X15TI46[ MOAB CITY CODE: ti 01 a a0 SIGN PERMIT: 1 01 MOVED -ON NECESSARY: El YES 10 NO REQUIRES PLANNING COMMISSION APPROVAL a YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: ' UQ I_19-‘ NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: Dalai-70,_ se11kr CITY: rA. PHONE: itz J - 2f-/ - /- 7 Z,5 STATE: MT" ZIP: � � 5 3 Z. ... 1 BUSINESS NAME: MO at 6 1-174. l/-r. old{ rGthin--1� l friC • ...�.� . _ . ......... ... ...r BUSINESS LOCATION: 36. 5 • Zb 0 E ZONE: C2 6 r9 G1 h I ZGl ? ° VI E DESCRIPTION OF BUSINESS ACTIVITY: �\f-(), VI f IDETAILED 1 � i F G { �—,®— f 11111 _., -- - -- - --. •-1--A-I Page 42 of 102 06/16/05 6-3 .1•1 BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UT THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO MOAB HALF MARATHON, INC. LOCATED AT: 36 S 100 E 1 . LICENSE NO. 2211 Not Transferable FROM: 7/1/2011 EXPIRES: 6/30/2012 In conformity with the ordinances of the City of Moab, Utah, to conduct a EVENTS/RETAIL business located within the City of Moab, Grand County, State of Utah commencing on 7/1/2011 and ending on 6/30/2012 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER the sum of $40.00 dollars. LICENSE TYPE: EVENTS/RETAIL In accordance with the order of the Moab City Council, this license is hereby duly authorized, given under my hand and the seal of the City of Moab on June 15, 2011. CITY RECORDER Page 43 of 102 6-3 RESOLUTION # 01-2012 A RESOLUTION AMENDING THE FISCAL YEAR 2011/2012 BUDGET WHEREAS, the City of Moab has proposed to amend the 2011/2012 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2011/2012 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2011/2012 Budget Amended Amended Revenue Expenditures 1. General Fund $ 7,297,633 $ 7,297,633 2. Recreation Fund $ 466,489 $ 466,489 3. Community Development Fund $ 3,123,079 $ 3,123,079 3. Millcreek Project Fund $ 77,500 $ 77,500 4. Capital Projects Fund $ 1,107,000 $ 1,107,000 5. Water/Sewer Enterprise Fund Capital Projects $ $ 931,858 6. Storm Water Enterprise $ 460,000 $ 85,000 2011/2012 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND ($42,200) $42,200 EXPENSES MRAC -- Salaries and Wages 10-452-10 $14, 700 MRAC -- Benefits 10-452-13 $ 3,500 POLICE — Special Departmental 10-421-69 $19, 000 NARC TASK FORCE —Spec Dept 10-423-46 $ 5,000 REVENUES MRAC Misc. 10-34-717 ($ 5,000) MRAC Retail 10-34-722 ($ 3,200) MRAC Memberships/Aquatic & Fitness 10-34-727 ($10, 000) STATE GRANTS 10-36-973 ($24, 000) RECREATION FUND ($53,579) $53,579 EXPENSES PREP Program Expenses New $53,579 REVENUES PREP Program Grant New ($55, 571) Beginning Fund Balance 23-395-35 $ 1,992 Resolution #01-2012 Page 1 of 2 Page 44 of 102 7-/ COMMUNITY DEVELOPMENT FUND $1,163,627 ($1,163,627) EXPENSES CDBG Virginian Apartments 24-400-03 ($ 233, 627) Land and Water Conserv. Lions Park 24-400-08 ($ 350, 000) Lions Park Scenic Byway 24-400-09 ($830, 000) CDBG Cinema Court New $250, 000 REVENUES Grants 24-392-23 $1,180, 000 CDBG Virginian 24-393-56 $ 233,627 CDBG Cinema Court New ($ 250, 000) MILLCREEK PROJECT FUND $10,000 ($10,000) EXPENSES Browning Trails Grant 28-400-51 ($10,000) REVENUES Beginning Fund Balance 28-39-210 $10,000 CAPITAL PROJECTS FUND ($ 78,000) $ 78,000 EXPENSES Animal Shelter Project 41-791-40 $ 43,000 City Hall Photovoltaic 41-770-55 $ 35,000 REVENUES Utah State Energy Program Grant 41-36-227 ($ 35,000) Utah Power Grant 41-36-228 ($43, 000) ENTERPRISE FUND CAPITAL PROJECTS $243,058 EXPENSES $243, 058 Sewer Vacuum Truck REVENUES $0 STORM WATER ENTERPRISE FUND ($30,000) $30,000 EXPENSES Special Projects 53-400-75 $30,000 REVENUES T fer from Beginning Fund Balance 53-362-210 ($30,000) PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24th day of January, A.D., 2012. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab Resolution #01-2012 Page 2 of 2 Page 45 of 102 7-1 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Count l From: Donna Metzler, City Manager r ill. v Date: January 20, 2012 Subject: Recommended Change in Park Fees MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREYA. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI In reviewing users of Swanny Park in the past, it came to staffs attention that some events and uses only occupy a small portion of the park, versus the whole park, for a relatively short period of time. It was determined that charging these groups the same fee as those events using the entire park was probably not appropriate. The proposed amendment to the fee schedule provides for a $25 fee for uses less than 4 hours that use 25% of the park or less. I recommend approval of the amended fee structure. • ADM-MEM-11-01-001 Page 46 of 102 in Resolution # 02-2012 A RESOLUTION AMENDING THE 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 amend user fees for the 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 24th day of January, 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder Resolution #02-2012 Page 1 of 2 Page 47 of 102 in Moab City Park Reservations and Use Schedule of Fees Rotary Park and Old City Park -- To reserve call (435) 259 7485 Center Street Ballfield -- 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 Applified Music or other electricity needs in excess of 120 volts $30 Tournament Rates Negotiated with Recreation Coordinator No charge for Rotary Club for Rotary Park Use of Lights $10/ hour Other Areas $15/hour Swanny Park (by special permission only) Center Street Gym -- to reserve call (435) 259- 2255 Use of up to 4 hours (more than 25% of park) $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 Use of up to 4 hours for less than 25% of the park $25 Damage and Cleaning Deposit for Special Events $100 Damage Deposit for Groups 100-300 $100 Commercial Use (with admission fee) $400/day Damage Deposit for groups over 300 $500 Sun Court 3 Hours or Less $25 Other Park Areas 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 license or a Special Event license requires the payment of additional license fe( 25% of Swanny Park is approximately 78,000 square feet Resolution #02-2012 Page 2 of 2 Page 48 of 102 7-2 City of Moab Planning and Zoning Department Correspondence PL-12-oa January 18, 2012 To: Honorable Mayor and Members of Council From: Planning Staff Subject: Approval of a Petition to Vacate, Alter or Amend a Subdivision Plat in the C-2 Zone at 275 and 285 West Williams Way as Submitted by Michael and Ellyn Johnson Background The Johnson's have applied for a lot line adjustment between the two lots owned by them in order to prepare the properties for development. Lot A will contain their residence and 3-4 short-term rental units and Lot B will not be developed at this time. The lots satisfy the dimensional requirements of the C-2 Zone, the properties are owned by the same owner, and no additional lots will be created. Discussion The subdivision of the lot complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended without a public hearing before the Land Use Authority if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a- Page 49 of 102 7-3 City Council Johnson Boundary Adjustment January Ili, 2012 2 609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. This requested lot line adjustment meets the applicable requirements listed in state law and the Moab Municipal Code. p:\planning department \2012\correspondence \p1-12-08 cc johnson bla.docx Page 50 of 102 NJ January 4, 2012 Moab City Council c/o Sommar Johnson Zoning Administrator/Planning Assistant Re: Lot Line Adjustment Request for 275, 285 West Williams Way, Moab Dear Council, We respectfully request a lot line adjustment on 275, 285 West Williams Way. Please find the attached Plat for your review . The purpose for the increase to parcel A is to permit a future mixed use development which anticipates 3-4 short-term rental units, and our primary residence. Parcel B will be retained for future development . We believe that both lots are of sufficient size to accommodate development, and meet zoning requirements. Thank you for your consideration of this proposed lot line adjustment. Michael and Ellyn Johnson Page 51 of 102 7-3 NW CORNER SECTION 1. T 26 S. R 21 E. SL1I. OASIS OF BEARINGS NORTH 1/4 CORNER SECTION 1, T 26 S.R 21 E, SW. N89'53'53'E 2630.73' POST ADJUSTMENT BOUNDARY DESCRIPTIONS PARCEL B DESCRIPTION OF A PARCEL OF LAND IN 11IE NWI/4 SECTION 1, T 26 S, R 21 E. SLR, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER WHICH BEARS N 5310'14'W 1330.91 FT. FROM THE CENTER 1/4 CORNER SECTION 1. T 26 S. R 21 E. SLR. AND PROCEEDING THENCE SOUTH 136.6 FT., THENCE WITH A FENCE S BB19'W 62.5 FT. TO A FENCE CORNER (WITNESSED AS SHOWN HEREON), THENCE WITH A FENCE NORTH 136.7 FT. TO A CORNER, THENCE N 89'03'E 62.5 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.20 ACRES, MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED CN THE ATTACHED PLAT. <1= F. CORNER FALLS WITHIN FENCE CORNER POST. FOUND WITNESS CORNER 0.6 FT. WESTERLY LEGEND Y SET 5X REBAR WITH PLASTIC CAP FOUND s/6' REBAR MTF PLASTIC CAP SET BY THIS SURVEYOR PREVIOUSLY $' FOUND CITY MONUMENT MELL/PIN �#7LlJ.4MS TYAY 62.5' PARC.E'L B 0.20 ACRES* 52.5' N59VSE ®\ 48.I' IN I li m 6 i II- N I la N i- PARCEL A i S 0.36 ACRES* ;3 II p i. 58819'W 180.0' PARCEL A DESCRIPTION OF A PARCEL OF LAND IN THE NWI/4 SECTION 1, T 26 S. R 21 E. SIAL GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER WHICH BEARS N 5310.14"W 1330.91 FT. FROM THE CENTER 1/4 CORNER SECTION I, T 26 S. R 21 E. SLR, AND PROCEEDING THENCE N 69'03'00'E 48.6 FT., THENCE ALONG THE ARC OF A 217.0 FT. RADIUS CURVE TO THE RIGHT 69.9 FT. (SAID CURVE HAS A CHORD WHICH BEARS S 81.43E 69.6 FT.) TO A CCRNER, THENCE SOUTH 125.3 FT. TO A CORNER, THENCE WITH A FENCE S 6819'W 117.5 FT. TO A CORNER, THENCE NORTH 136.E FT. TO THE POINT OF BEGINNING AND CONTAINING 0.36 ACRES, MORE OR LESS CORNERS ARE MCNUMENTED AS SPECIFIED ON THE ATTACHED PUT. R.69.9' R7.D' CHORD BEARS 561.43.E 69.6' 117.5' GRAPHIC SCALE x o a a N�7 90 X5 ( IN ma) 1 inch . 50 LL CENTER 1/4 CORNER SECTION 1. T 26 S. R 21 E. SW. THIS PLAT- V/C/N/TY AIAP SURVEYORS NARR6TIVA' THE PURPOSE OF THIS SURVEY WAS TO ADJUST THE BOUNDARY COMMON TO THE JCHNSON PARCELS ON WIWAMS WAY IN MOAB. THIS WAS DONE TO BETTER ACCOMODATE PENDING IMPROVEMENTS THEREON. BEARINGS ARE BASED ON THE EAST UNE NWI/4 SECTION 1 (BEARING FROM VALLEY CONTROL. N 00'09'E). SURVEYORS CERTIFICATE I. TIMOTHY M. KEOGH, 00 HEREBY CERTIFY THAT I AM A REGISTERED UTAH LAND SURVEYOR. HOLDING CERTIFICATE NO. 171004 AS PRESCRIBED UNDER THE LAWS OF THE STA7g01��Riw da 10044 EaVIMOEOGHTHY M. ' �K } ,r UTAH, AND I FURTHER CERTIFY THAT U THE OWNER I HAVE SURVEYED THOSE PROPERTIES AS AND DESCRIBED HEREON AND THAT SAME IS CORRECTLt VEYED AND STAKED ON T114{iROUND AS SHOWN ON 12-26-11 -e-G_ DATE TIMOTHY M. IKOGH KEOGH LAND SURVEY/NG 45 EAST CENTER STREET MOAB, UTAH, 64532 A BOUNDARY ADJUSTMENT SURVEY OF THE JOHNSON PROPERTIES IN THE NW1/4 SECTION 1, T28 S. R21 E. SLBh M. GRAND COUNTY, UTAH PREPARED FOR ELLYN & MICHAEL ✓OHNSON DATE: 12-26-2011 DRAWN BY: TMK SCALE: 1..50' F.B./ 147 CHECKED BY: Tin( THAYER/FITZ.DWG Page 52 of 102 ree - iuu.uu plus z)z�.uu pc amended lot ior-unit. Receipt No. lib si- PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Ellison Date Page 53 of 102 7-3 State of County of 46 On the day o 404tu,a4.? 4..� Jell�,41445011 OWNERS: OWNERS: �- f , personally appeared before me , who duly acknowledged to me that they executed the same. Lep Notary Pu lic Residing in State of County of On the day of Date Date , personally appeared before me who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in Page 54 of 102 7-3 City of Moab Planning and Zoning Department Inter -office Correspondence January 18, 2012 Memo To: Honorable Mayor and Members of Council From: City Staff ()Le, Subject: Approval of Ordinance #2012-04 Amending the Official Zoning Map and Approval of an Application to Rezone Property Located at 62 North 200 East from R-3 to C-2 as Submitted by Jennifer Wilkinson, Representing the Property Owners, Lynn and Ted Wolfe as Favorably Referred to Council by the Planning Commission Background Jennifer Wilkinson is operating the Moab Montessori Center at this location and has been in business for a period of three years. The property is zoned R-3 but has been on the county property tax records as C-2 for a period of fifteen years. Other commercial efforts have occupied the structure during that time and have included a non-profit, a dance studio, and a rehearsal hall for a local musical group. It also served as the location of the Head Start Program for a period of time. The property is 5,140 sq feet (.18 acre) in size and the building consists of 2,028 square feet (26'X78'). A grassy area on the east end of the building is used as a play area. The staff consists of Jennifer Wilkinson, the business owner, and two additional workers. Hours of operation are from 7:30 am to 5:00 pm and staggered drop off and pick up times are used throughout the day to reduce traffic impacts. The State of Utah will allow greater numbers of children in the facility but the R-3 zoning caps the amount of kids to sixteen. The business would like to obtain another level of state licensing and be able to provide for thirty-one children and younger children as well. Right now the facility is turning away people in need of a structured daycare program. Surrounding uses include residential uses to the north and northeast side of the property; the City Center and city parking lot to the southeast and south; the Food Bank to the south and adjacent to the property; the Teen Center and Interact are located to the southwest and west of the location is the Sundwall Education Center. To the north, across 100 North, are residential uses including Red Valley Homes that were at one time nightly rentals but now are long term units. Page 55 of 102 7-4 Page 2 of 4 The Planning Commission reviewed this application in a public hearing held on January 12, 2012. No one spoke against the proposed rezoning and several people spoke in favor of the zone change. The comments included a discussion for the need of this type of use in Moab and that many parents desired their children to experience the structured program of a Montessori School rather than just the usual daycare operation. The Commission voted unanimously (4-0) to favorably recommend the application to Council. Discussion The process for map amendments is found in Chapter 17.04, Zoning Map Amendments and Text Amendments. In Chapter 17.04.080 paragraph A., the Code requires that a public hearing be held by the Planning Commission. Paragraph B requires that a decision to, "either recommend approval, approval with modifications, or disapproval of the application", must be reached within thirty (30) days of the public hearing and that the decision is to be conveyed to Council within ten (10) days. According to Chapter 17.04.100 (A), Council may approve the amendment at the next public meeting without a public hearing but, can also, `9n its discretion... may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance."(17.04.100 C) Chapter 17.21.010 A, 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 and facilitate the orderly expansion of commercial uses out from the central commercial district" Approval of the application will support the past and present commercial uses that have been in place on this property for a decade and a half. There are very few of the allowed uses that could survive in this location and the Montessori Center is a good fit for the neighborhood. Uses allowed in the zone include: C-2 Uses Retail, convenience and wholesale establishments (less than three thousand square feet) Office buildings, clinics and utility buildings Assembly of appliances from previously prepared parts (indoors); Eating establishments less than two thousand square feet Service enterprises One -family and two-family dwellings, apartment houses and court apartments Fraternity organization lodges Funeral establishments, mortuaries and churches Gymnasium or physiculture establishments Home occupations Lodging establishments less than 10 units Commercial parking lots Page 56 of 102 7-4 Page 3 of 4 Signs Rest homes and day care centers Green houses and nurseries 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 secondhand stores 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. 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. 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. The applicant has addressed the following standards in her application to the City. 1. Was the existing zone for the property adopted in error? Page 57 of 102 7-4 Page 4 of 4 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? 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? Decision to rezone must be based on the General Plan as well as the M.M.C. 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 logical 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-2 Zone and agrees with the goals of the General Plan. Alternatives Council can vote to: 1) Agree with the Planning Commission and approve the ordinance and rezone application as written; 2) Approve the ordinance with changes; 3) Establish a time and date for a public hearing if necessary; 3) Table the ordinance for additional information. p:\planning department \2012\correspondence \p1-12-09 cc montessori rezoning.docx Page 58 of 102 7-4 ORDINANCE #2012-04 AN ORDINANCE CHANGING THE ZONING ON THE TED AND LYNN WOLFE PROPERTY LOCATED AT 62 NORTH AND 200 EAST AND AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP 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, Jennifer Wilkinson, of Moab Montessori Center, 62 North 200 East, Moab, Utah, representing Ted and Lynn Wolfe, owners of record of an approximate .18-acre tract of land located at the above described address, has applied to change the zoning from R-3 to C-2; and, WHEREAS, The Planning Commission ("Commission") of the City of Moab held a public hearing on January 12, 2012, 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 unanimous 4-0 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 R-3 to C-2 for the above described property. Passed and adopted by action of the Governing Body of the City of Moab in open session this —th day of , 2012. City of Moab Mayor David L. Sakrison Attest: Rachel E. Stenta City Recorder Ordinance #2012-04 Page 1 of 1 Page 59 of 102 7-4 CITY OF MOAB PLANNING RESOLUTION #01-2012 A RESOLUTION RECOMMENDING APPROVAL OF A ZONING CHANGE OF PROPERTY OWNED BY LYNN AND TED WOLFE LOCATED AT 62 NORTH 200 EAST FROM R-3 TO C-2 AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP WHEREAS, Jennifer Wilkerson (Applicant) of Moab Montessori Center, located at 62 North 200 East, Moab, UT 84532, is acting on behalf of Lynn and Ted Wolfe, the owners of record (Owners) of a .18 acre parcel and has applied to rezone the property described above from R-3 to C-2; and WHEREAS, said property is currently zoned R-3 but has had a commercial use on it and Owners have paid commercial property taxes to Grand County since 1997; and WHEREAS, the application has been submitted by the Applicant in an effort to change the R-3 Zone to C-2 to provide zoning that is consistent with the historic and the surrounding uses; and WHEREAS, Applicant has submitted to the Planning Commission ("the Commission") said application for a zone change for review and recommendation to Council; and WHEREAS, the Commission reviewed the application in duly advertised public hearing held on January 12, 2012, to review said application regarding the proposed zone change; and WHEREAS, the Commission reviewed the character of the C-2 zone and the contiguity of existing C-2 Zones to the subject property to determine the appropriateness of the application; and WHEREAS, the Commission also reviewed the Use Regulations for the C-2 zone to determine the impacts that may affect adjacent properties through approval of the request; and WHEREAS, having evaluated the concerns of the public, the Commission concluded that the daycare use had little impact on surrounding properties; 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. 01-2012, on January 12, 2012 citing the change in the character of nearby properties and development on those properties with the decrease of residential uses and an increases in institutional and 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 #01-2012, does hereby find that: 1) The property has been assessed as C-2 although the property is zoned R-3 on various renderings of the Official Zoning Map. 2) The rezoning is a logical extension of the C-2 Zone because of the contiguity and the types of uses that have existed on the site. 3) There have been changes to the character in the area including, but not limited to: the construction of public institutions and new uses of existing buildings in the area and a need for development transitions such as neighborhood daycare facilities. 4) The proposed zoning classification is compatible with the surrounding area and uses. Page 60 of 102 7-4 CITY OF MOAB Planning Resolution #01-2012 2 5) Adverse impacts can be mitigated if identified. 6) Benefits will be derived by the community or area by granting the proposed zoning. 7) Adequate utilities are available to the property. 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 or have been met. NOW, THEREFORE, THE MOAB PLANNING COMMISSION OF THE CITY OF MOAB, UTAH favorably r- ommends the application to the Moab City Council for the rezone of the property owned by Ly n and ed o e and located at 62 North and 200 East from R-3 to C-2. /°1/1Z elly T Chair p:\planning department\2012\resolutions \pc\01-2011 wolfe rezone.docx Date Page 61 of 102 7-4 DRAFT MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: JANUARY 12, 2012 :: Members Present: Members Absent: City Staff: Public Members: Kelly Thornton, Jeanette Kopell, Wayne Hoskisson, Joe Downard (arrived at 6:41 pm) Laura Uhle Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 6 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Vice -Chair Jeanette Kopell called the meeting to order at 6:39 pm. 1. Planning Commission Workshop — 6:30 General Plan Discussion Planning Commission members held a discussion about updates to the General Plan. 1. Action Item Election of Chair and Vice -Chair Planning Commission member Jeanette Kopell moved to nominate Kelly Thornton for Chair and herself for Vice - Chair. Planning Commission Member Joe Downard seconded the motion. The motion carried 4-0 aye. 2. Citizens to be Heard There were no citizens to be heard. 3. Action Item Approval of Minutes Planning Commission: December 8, 2011 Planning Commission member Jeanette Kopell moved to approve the minutes for December 8, 2011 as written. Planning Commission member Wayne Hoskisson seconded the motion. The motion carried 4-0 aye. 4. Public Hearing — Ordinance 2012-02 An Ordinance Amending the City of Moab Municipal Code, by Adding Clarity to Chapter 17.24.030 for Residential Uses in the C-2 Commercial -Residential Zone and Provide for a Lot Coverage Exception for Emergency and Other Types of Housing Planning Commission Chair Kelly Thornton opened the public hearing at 7:05 pm. There were no public comments made. Planning Commission Chair Kelly Thornton closed the public hearing at 7:06 pm. Moab City Planning Commission, Minutes Meeting, January 12, 2012 Page 62 of 102 Page 1 of 3 7-4 DRAFT 5. Action Item — Ordinance 2012-02 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, by Adding Clarity to Chapter 17.24.030 for Residential Uses in the C-2 Commercial -Residential Zone and Provide for a Lot Coverage Exception for Emergency and Other Types of Housing Planning Commission member Wayne Hoskisson moved to send Ordinance 2012-02 to the City Council in favor of approving the code changes as written. Planning Commission member Joe Downard seconded the motion. The motion carried 4-0 aye. 6. Public Hearing — Map Amendment Proposed zone change application for R-3 Residential to C-2 Commercial -Residential for 0.12 acres located at 62 North 200 East as requested by Moab Montessori Center Planning Commission Chair Kelly Thornton opened the public hearing at 7:13 pm. Jeri Hamilton spoke in favor of the zone change. She stated that she was a parent that dropped her daughter off during the busy times between 8:15 and 8:30 and she stated that parking was not an issue. She felt that the community needs more facilities like the Montessori Center. Ms. Hamilton stated that it is a preschool facility and not just a daycare. She stated that the street is used mostly by the City and County but does not have traffic of the general public. Shurla Rowland spoke in favor of the zone change and agreed with Ms. Hamilton's statements. She wanted to emphasize that the community needs more of this type of facility. She stated that this was not just a daycare and more and more people want structured programs like the Montessori Center offers. 7. Action Item — Map Amendment Proposed zone change application for R-3 Residential to C-2 Commercial -Residential for 0.12 acres located at 62 North 200 East as requested by Moab Montessori Center Planning Commission member Joe Downard moved to approve Planning Resolution 01-2012, A Resolution Recommending Approval of a Zoning Change of Property Owned by Lynn and Ted Wolfe Located at 62 North 200 East from R-3 to C-2 and Amending the City of Moab Official Zoning Map, with a change in the wording of finding #1 to state: The property has been assessed as C-2 although the property is zoned R-3 on various renderings of the Official Zoning Map. Planning Commission member Jeanette Kopell seconded the motion. The motion carried 4-0 aye. 8. Discussion Item Large-scale retail parking regulation Planning Commission members held a discussion regarding the large-scale retail parking regulations. 9. Discussion Item Review of Green Roof Information Requested by the Commission during the December 8, 2011 Meeting Planning Commission members reviewed the Green Roof information but wanted to determine the types of grasses that are suitable to our environment. Moab City Planning Commission, Minutes Meeting, January 12, 2012 Page 63 of 102 Page 2 of 3 7-4 City of Moab Planning Commission and City Council: Zone Change I am proposing to change the zoning of 62 North 200 East from a R-3 to a C-2 zoning. I have been running a successful family day care business out of an existing building at this location for three years and it has served as the location for several other commercial uses prior to me occupying the building. In the last two years we have had a lot of interest from the community. Unfortunately, we have had to turn down many families because of the rules in the R-3 zone that limits the number of children to 16. My plan is to turn my family daycare into a License Center so I can have more children in my facility. I feel my business is important and can benefit the families in Moab. We offer an all -day learning experience for the children that attend our program, which is different than the other day care centers in the area. Unlike the other preschools in Moab, we offer all day care for the parents who work late. The many parents we have had in the past few years have been more than pleased with our program. We also would like to cater to the younger children of Moab. There is a need in our community for care for children under three. By changing the zoning, it would allow us to have more children in our facility and meet this need in the community. At this location, we are surrounded primarily by businesses and I do not foresee there being an impact on the surrounding businesses or properties. Multiple drop off times and pick up times throughout the day are utilized so the traffic is kept to a minimum. Our hours of operation are 7:30a.m. to 5:00 p.m., Monday through Friday. We have two staff members and parking is provided for them by a private drive way. We have one residential neighbor north of our facility and one residential neighbor behind us. As far as I can tell they love having the children around and one even said they enjoy hearing the children play when they go outside. South of our facility we have the heat assistance and food bank building and the City Center parking lot. Across the street to the west is Sundwall, a public preschool. Through the process of exploring the zoning change, I found out that the owners of the building have been paying commercial property tax since 1997. The county assessor's office has this property down as C-2. I also know that this building has been used as a commercial building in the past as the head start program and a dance studio to name a few. Additionally, the following statistics from several studies indicate why facilities such as mine are so important: More than 12 million children under the age of six (63 percent of all children under six) receive some type of regular child care or early education from someone other than a parent. • The percentage of women in the work force with children under the age of 6 has increased from 12 percent at the end of the World War II to 64.5 percent at the turn of the century. Seventy percent of single mothers are employed in the paid labor force. • The implementation of Temporary Assistance for Needy Families (TANF), which required welfare participants to work, contributed to an even greater demand for child care. • Majority of child care services are operational only during the traditional work day, between 9 and 10 hours. EARLYEDUCATIONIS IMPORTANT: • 90 percent of children's brain growth takes place before they enter kindergarten • Children under the age of 5 are eager and capable learners • Quality preschool improves the ability of children to do well in K 12 schools, lowering grade repetition and reducing the need for special education • 93 percent of kindergarten teachers either moderately or strongly agree that more children would succeed in school if all families had access to quality prekindergarten programs. Page 64 of 102 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: A. 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. I believe that the property was zoned in error because of the long term use as a commercial property and the close proximity to institutional and commercial uses B. 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. The area has changed with the creation of the teen center, the conversion of the old school into the City Center and the expansion of uses on the county property including Interact C. 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. While the code did anticipate the need for daycare, it is clear that the anticipation of a failed economy and changes in welfare laws could not be determined More people have had to go or return to work because of the changes in the current financial environment, and now more than ever both spouses have had to find jobs to make ends meet 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. 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? As noted above, given the existing surrounding uses it can be argued that the property was zoned in error. 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? The area has been changing to a more institutional use neighborhood with construction of the library, the school being transformed into city hall and the Teen Center, the location of the Housing Authority, and new agencies locating on the county property. The change in zoning will allow this to exist as a transitional use between the existing institutional uses and the residences C. Is there a need for the proposed zoning within the area or community? As mentioned above, because of the down turn in the economy and changes to Federal welfare laws more people have had to return to work 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? Because the surrounding properties are largely institutional and/or commercial in nature, there should be no compatibility concerns The property is adjacentto the C-2Zone where the city center, food bank and county properties are included E. Will benefits be derived by the community or area by granting the proposed zoning? As noted above, keeping younger couples with children in the community makes sense if we want to keep our city healthy. Also, the most logical place to have daycare centers is in or near residential neighborhoods Parents are able to drop children off before they go to work Page 65 of 102 4.9, 7-4 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? Utilities already exist on the property and there would be no need for increases in use. 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 zone change does conform to several areas of the General Plan. In the Vision for Moab, Page 6, the text mentions "Separate and buffer conflicting land uses, especially where commercial abuts residential" The day care use will act as a buffer. Page 66 of 102 7-4 01-B210002 01.823-0001 ST 113s O 0: NEr4T w ti 0 231.0' LOT 4 LOT 1 O X. 6Y4T0 s19•47E I IS.S' tIBBAp;; `:iraphkUscoDNTY RTs'1T E ] 23dHO C013DISiRjCT f00' il' t 4._ so, .A9 m 1L1.1i,Y Ire 111.5' Oa x S99YTE9so °RAND cairn, 01.1216.0006 1.1, 3.1, 4.1. ITw tT7e Y a e4 i NWATW EU. Y/ S4r471 N.1• S19.47E 16.4' E DAUGHTERS OF THE UTAH PIONEERS GRAND F COUNTY COMPANY, MOAB UTAH 1 01-B11-000S S19•47E 422 L ?or NM tµ' § Sir 101far S19'4TE N Sa9810823 S CITY OF MOAB 01-811-0001 40.6. 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CAMERON BP TILL K.M. BOYD GRAND COUNTY PUBLIC LIBRARY OIAI9-0Obl WEST u 519.47E Na9.47W 103.T 231.0' LOT 1 Graphic Scale 0 2s' 50' J00' r-50' $UNTIO =-�>d���..� a n b u71.4.3d�'unsan $ 5162E10 5157141 LOT 2 CENTER STREET (D STREET) CUD 231.0' _1arirov 41.4 S 89°47'E 462.0' 462.0' LOT 1 231.0' Graphic Scale s0' 0 Ts' 50' f"50' Page 67 of 102 7-4 1 inch = 40 feet 7-4 ZONING MAP AMENDMENTS AND TEXT AMENDMENTS Sections: 17.04.010 Initiation of zoning change. 17.04.020 Zoning text amendments. 17.04.030 Zoning map amendments. 17.04.040 Application for zoning map amendment or text amendment. 17.04.050 Map amendment policy declaration. 17.04.060 Map amendment approval criteria. 17.04.070 Text amendment approval criteria. 17.04.080 Public hearing required. 17.04.090 Notification requirements for planning commission public hearing. 17.04.100 Action by city council. 17.04.110 Appeals. 17.04.120 Processing matrix. 17.04.010 Initiation of zoning change. Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code. All costs associated with publication and notification requirements are the responsibility of the applicant. (Ord. 08-03 (part), 2008) 17.04.020 Zoning text amendments. A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008) 17.04.030 Zoning map amendments. Purpose. The purpose of a zoning map amendment shall be to alter, enlarge, or reduce the geographic extent of any zoning district, or to enact a new zoning designation for any particular tract of real property. (Ord. 08-03 (part), 2008) 17.04.040 Application for zoning map amendment or text amendment. Page 69 of 102 7-4 A. Any person having a proprietary interest in any real property within the corporate limits of the city may request a map amendment or text amendment by filing three copies of the application for such change or amendment with the zoning administrator. The application shall, at a minimum, include the following information: 1. The name, address, and telephone number of the applicant; 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; 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; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; 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; 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; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 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 by the applicant. B. Pre -Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the planning department to discuss the proposed application. At the pre -application meeting the application contents, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre - application stage. C. Modifications of Submittals. City staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific Page 70 of 102 7-4 application. (Ord. 08-03 (part), 2008) 17.04.050 Map amendment policy declaration. 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: A. 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. B. 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. C. 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. (Ord. 08-03 (part), 2008) 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? 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? C. Is there a need for the proposed zoning within the area or community? 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? E. Will benefits be derived by the community or area by granting the proposed zoning? F. Are adequate facilities available to serve development for the type and scope of Page 71 of 102 7-4 development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? G. Does the application conform with the provisions of the Moab general plan, the Land Use Code, and applicable agreements with affected governmental entities? (Ord. 08-03 (part), 2008) 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? 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? C. Is the amendment consistent with the policies and goals of the general plan? 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? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? 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? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the Page 72 of 102 7-4 application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, postng notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at Page 73 of 102 7-4 least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. 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. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) Page 74 of 102 7-4 City of Moab Planning and Zoning Department Correspondence January 18, 2012 Memo To: Honorable Mayor and Members of Council From: Jeff Reinhart, City Planner Subject: Approval of Ordinance #2012-02 to Amend Title 17.21 by Clarifying Chapter 17.24.030 for Residential Uses in the C-2 Zone, and Providing a Lot Coverage Exception for Emergency and Other Types of Housing Background Beginning on December 8, 2011, the Planning Commission and Staff discussed amending the development requirements for the C-2 Zone. Recent inquiries about residential uses in the C-2 brought to light a lack of development regulations for residential uses. This ordinance will help to address the issue and provide area and location requirements for residential development. Also, within the C-2 Commercial Zone there is the transitional/emergency housing development, The Willows, that is an arm of the Four Corners Community Behavioral Health, Inc. Located on Williams Way, this development has helped numerous Moab residents deal with a variety of difficulties so that many have become productive citizens. Currently, The Willows is exploring expansion of their facilities to include additional housing units. This expansion would at least partially satisfy the first objective in the 5-Year Plan that states, `Through public and private partnerships, provide 8 units of transitional housing for Moab's homeless, within the next five years, of the total 16 needed within the next 10 years." The number of additional units will be contingent on funding sources and this code amendment will provide opportunities for further development of a much needed housing resource through increased lot coverage. Council approved the grant for this housing development at their regular meeting on January 10, 2012. The Housing Plan was an amendment to the General Plan and this ordinance will be in compliance with the suggested legislation to address housing needs of all Moab residents. The Planning Commission reviewed this ordinance in a public hearing held on January 12, 2012. No one spoke against this change, and the commission unanimously voted 4-0 to favorably refer the amending language to Council. Process The process for map amendments is found in Chapter 17.04, Zoning Map Amendments and Text Amendments. In Chapter 17.04.080 paragraph A., the Code requires that a public hearing be held by the Planning Commission. Paragraph B requires that a decision to, "either Page 75 of 102 7-5 PL-12-10 City Council Ord. # 2012-02 C-2 Residential Changes January 18, 2012 Page 2 of 2 recommend approval, approval with modifications, or disapproval of the application", must be reached within thirty (30) days of the public hearing and that the decision is to be conveyed to Council within ten (10) days. According to Chapter 17.04.100 (A), Council may approve the amendment at the next public meeting without a public hearing but, can also, `In its discretion... may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance."(17.04.100 C) Alternatives Council can vote to: 1) Approve the ordinance as written; 2) Approve the ordinance with changes; 3) Establish a time and date for a public hearing; 3) Table the ordinance for additional information. p:\planning department \2012\correspondence\p1-12-1i1 cc ordc-2 resid.docx Page 76 of 102 7-5 ORDINANCE #2012-02 AN ORDINANCE TO AMEND TITLE 17.21 OF THE MOAB LAND USE CODE, BY ADDING CLARITY TO CHAPTER 17.24030 FOR RESIDENTIAL USES IN THE C-2 RESIDENTIAL - COMMERCIAL ZONE AND PROVIDE FOR A LOT COVERAGE EXCEPTION FOR EMERGENCY AND OTHER TYPES OF HOUSING WHEREAS, the City of Moab ("City")adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and, WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that specific area, width and location requirements for residential uses of the R-3 zone as well as emergency and transitional housing services provided by governmental entities were lacking in detail; and WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council') said amendment to code chapters 17.21.030 Area, width and location requirements, for the C-2 Residential -Commercial Zone; and, WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on January 12, 2012, to hear and decide the merits of said amendment; and, WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from Staff and the Planning Commission on January 12, 2012; and, WHEREAS, Council desires to encourage housing in our community for all residents regardless of physical or mental health, race, or socio-economic level. NOW, THEREFORE, Council hereby declares and ordains that Chapter 17.21.030 as reads is hereby repealed and amended as below: Chapter 17.21.030 Area, width, and location requirements, AS NOW READS, All buildings and structures in the C-2, commercial -residential zone, shall be set back at least twenty-five feet from any public street. Area, width and location requirements for buildings arranged, intended or designed primarily for residential use, shall be setback from the front property line a distance of at least twenty-five feet. Minimum side yards shall be at least eight feet or less by conditional use permit, with a minimum rear yard setback of fifteen feet. Street -side setbacks for corner lots shall be no less than twenty feet in width. No area and width requirements shall apply to dwellings located above the ground floor when the ground floor is devoted exclusively to a commercial use permitted in the zone Lot coverage of the principal use shall not exceed fifty percent of the total lot area. SHALL READ: 1. All buildings and structures in the C-2, Commercial -residential Zone, shall be set back at least twenty (20) feet from any public street. 2. For buildings arranged, intended or designed primarily for residential use, the area, width and location requirements shall be a minimum lot size of six thousand square feet for single family dwellings and an additional 1500 square feet for a second unit. Any additional dwellings of Page 77 of 102 7-5 Ordinance # 2012-02 Page 2 more than two shall require additional lot area increases of nine hundred square feet per dwelling. 3. Lot frontage shall be a minimum of fifty linear feet. 4. Minimum side yards shall be at least eight (8) feet or less by conditional use permit, with a minimum rear yard setback of fifteen (15) feet. Street -side setbacks for corner lots shall be no less than seventy five percent of the front yard setback. 5. No area and width requirements shall apply to dwellings located above the ground floor when the ground floor is devoted exclusively to a commercial use permitted in the zone. 6. Lot coverage of the principal use shall not exceed fifty (50) percent of the total lot area. a. Exception-- lot coverage. For transitional, affordable, or other housing types managed or owned by a legally constituted housing authority or if the owner of the property is a legally recognized nonprofit land trust or government agency operating an emergency service under the state of Utah, Grand County, or Moab City and serving persons in need, the lot coverage may be increased by administrative review for up to eighty percent as long as the required setbacks are applied. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _ day of , 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Page 78 of 102 DRAFT MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: JANUARY 12, 2012 :: Members Present: Members Absent: City Staff: Public Members: Kelly Thornton, Jeanette Kopell, Wayne Hoskisson, Joe Downard (arrived at 6:41 pm) Laura Uhle Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson 6 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Vice -Chair Jeanette Kopell called the meeting to order at 6:39 pm. 1. Planning Commission Workshop — 6:30 General Plan Discussion Planning Commission members held a discussion about updates to the General Plan. 1. Action Item Election of Chair and Vice -Chair Planning Commission member Jeanette Kopell moved to nominate Kelly Thornton for Chair and herself for Vice - Chair. Planning Commission Member Joe Downard seconded the motion. The motion carried 4-0 aye. 2. Citizens to be Heard There were no citizens to be heard. 3. Action Item Approval of Minutes Planning Commission: December 8, 2011 Planning Commission member Jeanette Kopell moved to approve the minutes for December 8, 2011 as written. Planning Commission member Wayne Hoskisson seconded the motion. The motion carried 4-0 aye. 4. Public Hearing — Ordinance 2012-02 An Ordinance Amending the City of Moab Municipal Code, by Adding Clarity to Chapter 17.24.030 for Residential Uses in the C-2 Commercial -Residential Zone and Provide for a Lot Coverage Exception for Emergency and Other Types of Housing Planning Commission Chair Kelly Thornton opened the public hearing at 7:05 pm. There were no public comments made. Planning Commission Chair Kelly Thornton closed the public hearing at 7:06 pm. Moab City Planning Commission, Minutes Meeting, January 12, 2012 Page 79 of 102 Page 1 of 3 7-5 DRAFT 5. Action Item — Ordinance 2012-02 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, by Adding Clarity to Chapter 17.24.030 for Residential Uses in the C-2 Commercial -Residential Zone and Provide for a Lot Coverage Exception for Emergency and Other Types of Housing Planning Commission member Wayne Hoskisson moved to send Ordinance 2012-02 to the City Council in favor of approving the code changes as written. Planning Commission member Joe Downard seconded the motion. The motion carried 4-0 aye. 6. Public Hearing — Map Amendment Proposed zone change application for R-3 Residential to C-2 Commercial -Residential for 0.12 acres located at 62 North 200 East as requested by Moab Montessori Center Planning Commission Chair Kelly Thornton opened the public hearing at 7:13 pm. Jeri Hamilton spoke in favor of the zone change. She stated that she was a parent that dropped her daughter off during the busy times between 8:15 and 8:30 and she stated that parking was not an issue. She felt that the community needs more facilities like the Montessori Center. Ms. Hamilton stated that it is a preschool facility and not just a daycare. She stated that the street is used mostly by the City and County but does not have traffic of the general public. Shurla Rowland spoke in favor of the zone change and agreed with Ms. Hamilton's statements. She wanted to emphasize that the community needs more of this type of facility. She stated that this was not just a daycare and more and more people want structured programs like the Montessori Center offers. 7. Action Item — Map Amendment Proposed zone change application for R-3 Residential to C-2 Commercial -Residential for 0.12 acres located at 62 North 200 East as requested by Moab Montessori Center Planning Commission member Joe Downard moved to approve Planning Resolution 01-2012, A Resolution Recommending Approval of a Zoning Change of Property Owned by Lynn and Ted Wolfe Located at 62 North 200 East from R-3 to C-2 and Amending the City of Moab Official Zoning Map, with a change in the wording of finding #1 to state: The property has been assessed as C-2 although the property is zoned R-3 on various renderings of the Official Zoning Map. Planning Commission member Jeanette Kopell seconded the motion. The motion carried 4-0 aye. 8. Discussion Item Large-scale retail parking regulation Planning Commission members held a discussion regarding the large-scale retail parking regulations. 9. Discussion Item Review of Green Roof Information Requested by the Commission during the December 8, 2011 Meeting Planning Commission members reviewed the Green Roof information but wanted to determine the types of grasses that are suitable to our environment. Moab City Planning Commission, Minutes Meeting, January 12, 2012 Page 80 of 102 Page 2 of 3 so ZONING MAP AMENDMENTS AND TEXT AMENDMENTS Sections: 17.04.010 Initiation of zoning change. 17.04.020 Zoning text amendments. 17.04.030 Zoning map amendments. 17.04.040 Application for zoning map amendment or text amendment. 17.04.050 Map amendment policy declaration. 17.04.060 Map amendment approval criteria. 17.04.070 Text amendment approval criteria. 17.04.080 Public hearing required. 17.04.090 Notification requirements for planning commission public hearing. 17.04.100 Action by city council. 17.04.110 Appeals. 17.04.120 Processing matrix. 17.04.010 Initiation of zoning change. Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code. All costs associated with publication and notification requirements are the responsibility of the applicant. (Ord. 08-03 (part), 2008) 17.04.020 Zoning text amendments. A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008) 17.04.030 Zoning map amendments. Purpose. The purpose of a zoning map amendment shall be to alter, enlarge, or reduce the geographic extent of any zoning district, or to enact a new zoning designation for any particular tract of real property. (Ord. 08-03 (part), 2008) 17.04.040 Application for zoning map amendment or text amendment. Page 81 of 102 7-5 A. Any person having a proprietary interest in any real property within the corporate limits of the city may request a map amendment or text amendment by filing three copies of the application for such change or amendment with the zoning administrator. The application shall, at a minimum, include the following information: 1. The name, address, and telephone number of the applicant; 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; 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; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; 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; 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; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 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 by the applicant. B. Pre -Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the planning department to discuss the proposed application. At the pre -application meeting the application contents, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre - application stage. C. Modifications of Submittals. City staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific Page 82 of 102 7-5 application. (Ord. 08-03 (part), 2008) 17.04.050 Map amendment policy declaration. 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: A. 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. B. 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. C. 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. (Ord. 08-03 (part), 2008) 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? 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? C. Is there a need for the proposed zoning within the area or community? 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? E. Will benefits be derived by the community or area by granting the proposed zoning? F. Are adequate facilities available to serve development for the type and scope of Page 83 of 102 7-5 development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? G. Does the application conform with the provisions of the Moab general plan, the Land Use Code, and applicable agreements with affected governmental entities? (Ord. 08-03 (part), 2008) 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? 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? C. Is the amendment consistent with the policies and goals of the general plan? 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? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? 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? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the Page 84 of 102 7-5 application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, postng notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at Page 85 of 102 7-5 least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking fmal action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) 17.04.110 Appeals. A. Any person adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. B. An appeal or any other judicial action arising from, or seeking review of, a decision by the city council under this chapter must be filed no lather than thirty days from the date of the final decision or action that is the subject of the action or legal claim. Any action commenced beyond that time is barred and shall be subject to summary dismissal. C. Review of any zoning map amendment or text amendment application shall be based upon the record of proceedings before the city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 08-03 (part), 2008) 17.04.120 Processing matrix. This matrix shall be amended to delete review procedures for "similar use" review and to include the following: Application Advisory Body Land Use Auth. Appeal Body Pub. Hearing Map amend. Planning Comm. City Council Dist. Ct. Yes, P.C. Text amend. Planning Comm. City Council Dist. Ct. Yes, P.C. Page 86 of 102 7-5 Resolution #03-2012 A RESOLUTION AMENDING THE FEE STRUCTURE FOR WEEKEND PRIVATE PARTIES AT THE MOAB ARTS AND RECREATION CENTER Whereas, the Moab City Council must approve all fees charged at the Moab Arts and Recreation Center, NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY RESOLVE TO AMEND THE FOLLOWING FEE STRUCTURE CHANGES FOR THE MOAB ARTS AND RECREATION CENTER AS FOLLOWS: Moab Arts and Recreation Center Rental Fees 1. Any weekend private party (Friday night -Sunday) would be considered a full facility after-hours rental. As such, the rental rate would be the current Moab City Council approved $100/hour. No partial rentals of the building would be permissible. 2. Weekend private party rentals would require a $100 cleaning fee upfront to cover the cost of weekend City maintenance or MARC staff. 3. Additionally, the full $500 security deposit would be paid in advance. All or a portion of that security deposit would be returned to the renter using a payment request form after the party. 4. The MARC shall be advertised as closed for use at 11 pm. 5. Weekend private parties require the presence of MARC staff, the MARC Director, MARC Assistant Director, or Night Security. This resolution shall take effect immediately upon passage. Passed and adopted by action of the governing body of the City of Moab in open session this 24th day of January, 2012, CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #03-2012 Page 1 of 1 January 24, 2012 Page 87 of 102 7-6 MEMO 1.18.12 REGARDING A RESOLUTION AMENDING THE FEE STRUCTURE FOR WEEKEND PRIVATE PARTIES AT THE MOAB ARTS AND RECREATION CENTER PROBLEM : Keeping the MARC clean for weekend renters. Weekend use of the MARC is increasing. MARC personnel staff and maintain the MARC Monday through Friday. Weekend events, classes, and private parties therefore take place after hours and without supervision. If maintenance is required over the weekend, Moab City pays overtime for the service. Overtime cleaning is requested for private parties and large events with over 100 visitors coming through the building, for example 24 Hours of Moab, Plein Air Moab, Holiday Craft Fair. At the least, bathrooms must be restocked and trash removed. For the fall of 2011, weekend maintenance was necessary for 10 weekends, and spring of 2012 looks similar. Experience shows that weekend use of the MARC for events and classes is low impact. Minimum City maintenance is required for weekend clean up; however, the same cannot be said for private parties. In 2011, the MARC rented space for Friday or Saturday evening private parties a total of 8 times and that income accounted for approximately 10% of MARC rental income, $2836.50. Three of those parties resulted in no problems. Two parties purchased extra clean up service ahead of time at $20/hr, which was provided without incident. However, the remaining three private parties left excess trash, beer cans (even if no alcohol license was purchased), confetti, gum on the stairs, scuff marks, and/or food on the floors. Bathrooms were raided for paper products, poop was smeared on some walls, and electrical outlets were damaged. MARC staff attempted to charge the renters for extra cleaning, but often the credit card numbers given as a security deposit did not work and telephone calls went unanswered. The MARC recovered post event cleaning fees from one of those parties. The MARC received other complaints about weekend private parties including unsupervised children, interruptions during other classes, and most usual - mess. All combined, these issues are dispiriting to MARC staff, other MARC users, and require additional City maintenance and administrative time. As additional background, the monitor system used in the past had morphed into an unusable system sometime before 2010. The MARC was in charge of hiring monitors, none were trained in any way, and there were no City employees or security personnel on the "approved" monitor list. The previous MARC Director mentioned that the monitors never showed up for their assigned events and that the system was no longer used. Credit card #s were taken as security deposits but cards were not run because the City could not receive funds and hold them. Nor could the City return a partial credit card amount after a private party. Page 88 of 102 7-6 SOLUTION MARC staff, City Maintenance, and the Recreation Director discussed many solutions to the problem. We propose the following: 1. Any weekend private party (Friday night -Sunday) would be considered a full facility after-hours rental. As such, the rental rate would be the current Moab City Council approved $100/hour. No partial rentals of the building would be permissible. 2. Weekend private party rentals would require a $100 cleaning fee upfront to cover the cost of weekend City maintenance or MARC staff. City personnel would empty trash cans, stock and clean bathrooms, and ensure the facility is ready for the next weekend renter. 3. Additionally, the full $500 security deposit would be paid in advance. All or a portion of that security deposit would be returned to the renter using a payment request form after the party. The MARC will no longer accept credit card #s as security without running an amount on the card. 4. The MARC shall be advertised as closed for use at 11 pm. 5. Weekend private parties require the presence of MARC staff, the MARC Director, MARC Assistant Director, or Night Security. Staff presence guidelines are below. Staff presence guidelines: Staff should be present in the facility for the entire event, set up to clean up. Staff shall have a cell phone on hand and help provide extension cords, supplies, etc. during set up. Once the event is underway, staff may settle into an area of the building and notify the renter where to find them. Staff should periodically walk through the building to check the facility and make sure no other community members are in the building. Staff shall call 911 immediately if they fear for their safety or any damage occurs. Staff ensures facility cleanliness and closes the building at 11 pm. Staff logs any damage, problems, or suggestions in the Security Log at the MARC. We believe that these changes will limit the number of private parties occurring on the weekends at the MARC. The changes will lessen the cleaning burden on City Maintenance, provide income for overtime pay if needed, and allow MARC staff to continue working closely with renters willing to invest in a large scale private party like a wedding. The MARC will lose some rental income from the loss of smaller of private parties (pizza parties, baptisms, birthday parties) but the cost to repair damages and maintain the facility on the weekends should decrease as well. We estimate that 3 parties in 2011 would have paid the proposed new rental rate. MARC income from those parties would have estimated $2,340, with a maintenance cost of approximately $102. Actual 2011 income from 8 parties totaled $2,361.50, with a maintenance cost of approximately $578. Maintenance cost does not include administrative time spent contacting renters, sending them to collections, or damages. In conclusion, we estimate that these changes will decrease the number of maintenance hours required after private parties and allow City staff to focus on normal everyday operations of the MARC. The difference in rental income should be minimal but the difference in staff morale should be vast. Page 89 of 102 7-6 Memo To: From: Subject: Background City of Moab Planning and Zoning Department Inter -office Correspondence PL•12-II January 19, 2012 Honorable Mayor and Members of Council City Staff Approval of Hillside Development Permit Application for Construction of the Transit Hub as Submitted by Grand County City staff has reviewed the application for hillside development that is a part of the planning for the construction of the 5-acre Transit Hub on the southeast corner of the intersection of Highways128 and 191. The application for the hillside development permit is triggered by the disturbance of the rocky bluff that is east and adjacent to the parking area. Exhibit A gives a simplified overview of the plan including parking and the location of structures. Exhibit B shows the extent of material that needs to be removed to shape a more stable slope and Exhibit C provides slope information as well as other safety structures and refers to the cross sections on Exhibit B. Exhibit D is a more detailed rendering of the limited site plan. All of the required items were submitted with the application as established in Code Chapter 17.55, Hillside Developments (attached). Much of one rock face was removed during the bridge project for road sub -grade material for construction of the Colorado River Bridge. A cease and desist order was issued by the county after city staff notified the county engineer that a violation was in progress. What remains is the result of that UDOT operation. Discussion This project is not for commercial use but is a public project that will serve as a transit hub for Lions Park and the bike trails. It is being jointly funded by UDOT, the City of Moab, and Grand County. It is anticipated that it will serve as a trailhead for the north -south bike trails on Hwy 191 and the trail that is adjacent to Hwy 128. Page 90 of 102 7-7 Page 2 of 3 Buildings on the site will be limited to shade structures, restrooms, and possibly information kiosks. Process/Review of Criteria In January 2010, Council adopted a code amendment that allowed a faster route for government entities to follow when constructing necessary projects such as flood control structures (dams and retaining walls) water tanks and water conveyance systems, and structures such as bridges, parking areas, and roadways for transportation projects. The amendment required a staff review of the project and a recommendation to Council without a review by the Planning Commission.. Chapter 17.55.060, Hillside development permit required, states, "A. All major development on slopes in excess of fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review proposed development and make a recommendation to the city council. B. All minor development on slopes greater than fifteen percent shall require a hillside development permit granted by the city council prior to any excavation or construction activity. The planning commission shall first review the proposed development and make a recommendation to the city council. C. Government Exemptions. Exemptions to this chapter may be granted to government agencies under the following guidelines. Proposed development by the city of Moab and other government agencies, are required to submit the appropriate documentation as established in Section 17.55.070. The application shall be submitted to city staff for review and recommendation to the city council. Subsequent to review of the proposed project by staff, city council shall evaluate the project at the next available meeting. In granting an exemption, the city council may prescribe appropriate reasonable conditions and safeguards to ensure compliance with the requirements of the Moab land development regulations. Exemptions apply to necessary development of various public works and community development projects including, but are not limited to, flood control structures such as dams and retaining walls, water tanks and water conveyance systems, and structures such as bridges, parking areas, and roadways for transportation projects. In the application of this section, Council shall have the authority to grant exemptions to any of the requirements of this chapter by applying the following review criteria: 1. The establishment, maintenance or operation of the proposed exemption is not detrimental or injurious to the use and enjoyment of existing uses on adjacent properties; 2. The establishment, maintenance or operation of the proposed special exception use or structure will not cause traffic hazards in the vicinity; 3. Adequate provision is made for surface water drainage, ingress and egress to the property, and off-street parking; 4. Adequate public facilities and services are available for the proposed special Page 91 of 102 7- 7 Page 3 of 3 exception use or structure; 5. The application meets all special requirements as detailed within the zoning ordinance for the specific special exception if any apply; 6. The use will not be detrimental to the public health, safety or welfare; 7. The location, nature and height of each building, wall and fence, the nature and extent of landscaping on the site and the location, size, nature, and intensity of each phase of the use and its access streets will be compatible with the appropriate and orderly development of the district in which it is located; 8. The proposed use will not conflict with an existing or programmed public facility, public service, school, or road; 9. The proposed use has the written recommendations and comments of the public works and engineering departments; 10. The applicant has presented sufficient evidence of public need for the use." Alternatives 1) Council can approve the permit as submitted; 2) Council can approve the permit with conditions; 3) Council can table the application for additional comment and review. Recommendation The concerns over slope stabilization have been addressed and staff feels comfortable with the project moving forward. However, the following conditions are recommended: 1. Mimic excavations to look as natural as possible 2. Finished look will be designed in the field 3. Grand County shall be responsible for maintenance and stability of the slope 4. Contractor and/or Grand County shall consult the City Engineering Department if any of the project plan materially changes in design p:\planning department\2012\correspondence\p1-12-II cc hub hillside .docx Page 92 of 102 7- 7 Page 93 of 102 EXHIBIT A 1_1 I Au'l SNOISIA3V NOISal AVMOV02/ Allif100 .33A0kkIdV linked 3ONVNIONO Ea1S111H 91,-0 'ON VIA AVMNI.Vd W3AIN 00Yil0100 ONV wrimnx laW01111 enH IISNVI:11)121Vd SNOrl LL \ , \ • 1 I \ \ s glo \ 1.4 tzg• I mt/Wi. 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LEGALIZE DEMOCRACY. MOVE to AMEND Model Resolution Whereas, government of, by, and for the people has long been a cherished American value, and We The People's fundamental and inalienable right to self-govem, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the US Constitution and the Declaration of Independence, and; Whereas, free and fair elections are essential to democracy and effective self - governance, and; Whereas, persons are rightfully recognized as human beings whose essential needs include clean air, clean water, safe and secure food, and; Whereas, corporations are entirely human -made legal fictions created by express permission of We The People and our government, and; Whereas, corporations can exist in perpetuity, can exist simultaneously in many nations at once, need only profit for survival, and exist soley through the legal charter imposed by the govemment of We The People, and; Whereas, in addition to these advantages, the great wealth of large corporations allows them to wield coercive force of law to overpower human beings and communities, thus denying We The People's exercise of our Constitutional rights, and; Whereas, corporations are not mentioned in the Constitution, and The People have never granted constitutional rights to corporations, nor have We decreed that corporations have authority that exceeds the authority of We The People of the United States, and; Whereas, interpretation of the US Constitution by appointed Supreme Court justices to include corporations in the term `persons' has long denied We The Peoples' exercise of self- governance by endowing corporations with Constitutional protections intended for We The People, and; Whereas, the illegitimate judicial bestowal of civil and political rights upon corporations usurps basic human and Constitutional rights guaranteed to human persons, and also empowers corporations to sue municipal and state governments for adopting laws that violate 'corporate rights' even when those laws serve to protect and defend the rights of human persons and communities, and; Whereas, corporations are not and have never been human beings, and therefore are rightfully subservient to human beings and govemments as our legal creations, and; Page 97 of 102 7-8 Whereas, large corporations' profits and survival are often in direct conflict with the essential needs and rights of human beings, and; Whereas, the recent Citizens United v. the Federal Election Commission Supreme Court decision that rolled back the legal limits on corporate spending in the electoral process creates an unequal playing field and allows unlimited corporate spending to influence elections, candidate selection, policy decisions and sway votes, and forces elected officials to divert their attention from The Peoples' business, or even vote against the interest of their human constituents, in order to ensure competitive campaign funds for their own re-election, and; Whereas, large corporations own most of America's mass media and use that media as a megaphone to express loudly their political agenda and to convince Americans that their primary role is that of consumers, rather than sovereign citizens with rights and responsibilities within our democracy, and this forces citizens to toil to discem the truth behind headlines and election campaigning, and; Whereas, tens of thousands of people and municipalities across the nation are joining with the Move to Amend campaign to call for an Amendment to the US Constitution to Abolish Corporate Personhood; Therefore be it resolved that the State of (City of, County of, etc.) hereby calls on our (legislators, elected officials, mayor, commissioners, etc.) to join the tens of thousands of citizens, grassroots organizations and local governments across the county in the Move to Amend campaign to call for an Amendment to the Constitution to Abolish Corporate Personhood and retum our democracy, our elections, our communities back to America's human persons and to thus reclaim our sovereign right to self -governance. Be it further resolved that the State of (City of, County of, etc.) calls on other communities and jurisdictions to join with us in this action by passing similar Resolutions. Be it further resolved that the State of (City of, County of, etc.) supports education to increase public awareness of the threats to our democracy posed by Corporate Personhood, and encourages lively discussion to build understanding and consensus to take appropriate community and municipal actions to democratically respond to these threats. DATE: 2 Page 98 of 102 7-8 "Resolution 11-0002-S123 (regarding Citizens United v. FEC). RESOLUTION WHEREAS, any official position of the City of Los Angeles with respect to legislation, rules, regulations or policies proposed to or pending before a local, state or federal governmental body or agency must have first been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor; and WHEREAS, the U.S. Supreme Court's 54 ruling in Citizens United v. the Federal Election Commission rolled back legal restrictions on corporate spending in the electoral process, allowing unlimited corporate spending to influence elections, candidate selection, and policy decisions, thereby threatening the voices of "We the People" and the very foundation of our democracy; and WHEREAS, corporations are not mentioned in the Constitution, and The People have never granted constitutional rights to corporations, nor have We decreed that Corporations have authority that exceeds the authority of "We The People" WHEREAS, U.S. Supreme Court Justice Hugo Black in a 1938 opinion stated, "I do not believe the word `person' in the Fourteenth Amendment includes corporations"; and WHEREAS, money affects the quality and quantity of speech and is NOT, in itself, speech; and allowing corporations with great wealth to use it as speech effectively drowns out the protected free speech of the People in our diverse society; WHEREAS, the Citizens decision supersedes state and local efforts to regulate corporate activity in their elections; NOW THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Motion, the City of Los Angeles hereby includes in its 20 I 1- 2012 Federal and State Legislative Programs SUPPORT for a Constitutional Amendment and other legislative actions ensuring that only human beings, not corporations, are endowed with constitutional rights and that money is not speech, and therefore the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech." Page 99 of 102 7-8 PAM 12\DEUTCH\DEUTCH_036.XML 112TH CONGRESS H 1ST SESSION (Original Signature of Member) . J. RES. Proposing an amendment to the Constitution of the United States to expressly exclude for -profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the States to regulate corporations and to regulate and set limits on all election contributions and expenditures. IN THE HOUSE OF REPRESENTATIVES Mr. DEUTCH introduced the following joint resolution; which was referred to the Committee on JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to expressly exclude for -profit corporations from the rights given to natural persons by the Constitution of the United States, prohibit corporate spending in all elections, and affirm the authority of Congress and the States to regulate corporations and to regulate and set limits on all election contributions and expenditures. 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled 3 (two-thirds of each House concurring therein), That the fol- f:WHLC\111711\111711.258.xm1 (51302512) November 17, 2011 (6:05 p.m.) Page 100 of 102 7-8 FAA 12\DEUTCH\DEUTCH_036.XML 2 1 lowing article is proposed as an amendment to the Con- 2 stitution of the United States, which shall be valid to all 3 intents and purposes as part of the Constitution when 4 ratified by the legislatures of three -fourths of the several 5 States within seven years after the date of its submission 6 for ratification: 7 ``ARTICLE- 8 "SECTION 1. The rights protected by the Constitution 9 of the United States are the rights of natural persons and 10 do not extend to for -profit corporations, limited liability 11 companies, or other private entities established for busi- 12 ness purposes or to promote business interests under the 13 laws of any state, the United States, or any foreign state. 14 "SECTION 2. Such corporate and other private enti- 15 ties established under law are subject to regulation by the 16 people through the legislative process so long as such regu- 17 lations are consistent with the powers of Congress and the 18 States and do not limit the freedom of the press. 19 "SECTION 3. Such corporate and other private enti- 20 ties shall be prohibited from making contributions or ex- 21 penditures in any election of any candidate for public of- 22 fice or the vote upon any ballot measure submitted to the 23 people. 24 "SECTION 4. Congress and the States shall have the 25 power to regulate and set limits on all election contribu- f:WHLC\111711\111711.258.xm1 (51302512) November 17, 2011 (6:05 p.m.) Page 101 of 102 7-8 FAM 1 ZDEUTCH\DEUTCH_036.XML 3 1 tions and expenditures, including a candidate's own spend- 2 ing, and to authorize the establishment of political com- 3 mittees to receive, spend, and publicly disclose the sources 4 of those contributions and expenditures.". f:WHLC\111711\111711.258.xm1 (51302512) November 17, 2011 (6:05 p.m.) Page 102 of 102 7-8