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PKT-CC-2012-04-24
CITY OF MOAB April 24, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 109 Page 2 of 109 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, April 24, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. PRE -COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 January 24, 2012 1-2 February 28, 2012 1-3 March 13, 2012 1-4 March 27, 2012 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 AND PROCLAMATIONS 4-1 Proclamation of April 27, 2012 as Arbor Day in the City of Moab SECTION 5: NEW BUSINESS 5-1 Approval of a Parks Use Application for Tim Collings for Swanny City Park to Conduct a Running Event May 11 and 12, 2012 5-2 Approval of a Special Business Event License for Red Rock Relay to Conduct a Running Event May 11 and 12, 2012 at Swanny City Park 5-3 Approval of a Special Business Event License for the Canyonlands Rodeo Parade to Conduct a Parade June 2, 2012 5-4 Request for a Waiver of a Special Business Event Fee and Banner Placement Fee for the Canyonlands Rodeo Parade 5-5 Approval of a Parks Use Application by Joe Heywood to Conduct the Moab Autumn Run on September 21 and 22 2012 at Swanny City Park Page 3 of 109 5-6 Approval of a Special Business Event License for Moab Autumn Run to Conduct a Running Event September 21 and 22, 2012 at Swanny City Park 5-7 Approval of a Peddler Solicitor License for Crystal Laxton, d.b.a. CC Ice Cream to Conduct a Pre -packaged Ice Cream Business 5-8 Approval of a Class II Retail Beer License for Scott A. McFarland, d.b.a. Cabo Grill located at 396 South Main Street 5-9 Approval of Proposed Ordinance #2012-05 — An Ordinance Amending the City of Moab Municipal Code, Title 17.00, Zoning, and Specifically Amending Chapter 17.09.531 (3), Conditions for Approval of Specific Conditional Uses, by Removing Secondary Dwellings from Conditional Uses and Requiring an Administrative Review and Approval to be Established in Chapter 17.69 5-10 Approval of Proposed Ordinance #2012-06 — An Ordinance Amending the City of Moab Municipal Code, Title 17.09.220, Off -Street Parking and Loading Requirements and Clarifying the Application of the Exception to the Off - Street Parking Regulations in Commercial Zones 5-11 Approval of Proposed Ordinance #2012-07 — An Ordinance to Amend Title 17.80.050 of the Moab Land Use Code, by Amending a Portion of the Supplementary Regulations for Large Scale Retail Developments Over Thirty Thousand Square Feet, for Parking and Landscaping 5-12 Approval of Proposed Ordinance #2012-08 — An Ordinance Amending the City of Moab Municipal Code, Chapter 17.09 by Repealing Section 17.09.680 Conditional Use --Carports Located Within the Side Setback Area of Primary Dwellings 5-13 Approval of Change Order #1 for the Riversands Waterline Replacement Project SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 109 MOAB CITY COUNCIL REGULAR MEETING January 24, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Pro-tem Kirstin Peterson called the Joint City Council/Planning Commission Workshop to order at 6:00 PM. In attendance were Councilmembers Doug McElhaney, Kyle Bailey, Jeffrey Davis and Gregg Stucki, Planning Commission Members Kelly Thornton, Wayne Hoskisson and Jeanette Kopell, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP City Recorder/Assistant City Manager Rachel Stenta presented the OPEN MEETING ACT TRAINING Annual Open Meetings Act Training. Discussion followed. Mayor Pro-tem Kirstin Peterson called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Doug McElhaney, Kyle Bailey, Jeffrey Davis and Gregg Stucki; Planning Director Jeff Reinhart, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Pro-tem Kirstin Peterson called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Thirty-three (33) members of the audience and media were present. There were no minutes to approve. Under Citizens to Be Heard, Moab City Recreation Director John Geiger introduced Amy Stocks as the Moab Teen Center Director. A Community Development Department Update was not given. Under Engineering Department Update City Engineer Andrus gave an update on the Highway 191 project and then stated that she had attended the City Engineers' Conference in St. George. Under Planning Department Update, Planning Director Reinhart gave an overview of the next planning commission agenda. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that graffiti had been removed from a City water tank and that staff had been dealing with some drainage issues on the north end of town. Councilmember Davis moved to approve the Consent Agenda as follows: 1) Approval of a Local Consent of a Proposed Limited Restaurant Liquor License for Shawn Welch, d.b.a. Moab Grill Located at 540 South Main Street; 2) Approval of a Class II Beer License for Shawn Welch, d.b.a. Moab Grill Located at 540 South Main Street; 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. CONDUCTED REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE CONSENT AGENDA, APPROVED January 24, 2012 Page 1 of 3 Page 5 of 109 Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Mayor Pro-tem Kirstin Peterson opened a public hearing on Proposed Ordinance #2012-03 — An Ordinance of the Governing Body of Moab Annexing Property to the City of Moab at 7:15 PM. Planning Director Reinhart gave an overview of the proposed annexation. No public comment was given. Mayor Pro-tem Kirstin Peterson closed the public hearing at 7:25 PM. Councilmember Bailey moved to Approve Proposed Resolution #01- 2012 — A Resolution Amending the Fiscal Year 2011/2012 Budget. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Stucki moved to Approve Proposed Resolution #02- 2012 — A Resolution amending the Parks Fee Schedule. Councilmember Davis seconded the motion. The motion carried 5-0 aye by a roll -call - vote. Councilmember Bailey moved to Approve a Petition to Vacate, Alter or Amend a Subdivision Plat in the C-2 Zone Located at 275 and 285 West Williams Way as Submitted by Michael and Ellyn Johnson. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to Approve 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. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to Approve Proposed Ordinance #2012- 02 — An Ordinance to Amend Title 17.21 of the Moab Land Use code by Adding clarity to Chapter 17.24.030 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. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Approve Proposed Resolution #03- 2012 — A Resolution Amending the Fee Structure for Weekend Private Parties at the Moab Arts and Recreation Center. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Approve a Hillside Development Permit Application for the Construction of a Transit Hub as Submitted by Grand County with the following conditions: 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. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION #01-2012, APPROVED RESOLUTION #02-2012, APPROVED PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION FOR MICHAEL AND ELLYN JOHNSON, APPROVED ORDINANCE #2012-04, APPROVED ORDINANCE #2012-02, APPROVED RESOLUTION #03-2012, APPROVED HILLSIDE DEVELOPMENT PERMIT APPLICATION FOR GRAND COUNTY, APPROVED WITH CONDITIONS January 24, 2012 Page 2 of 3 Page 6 of 109 Councilmember Davis seconded the motion. The motion carried 5-0 aye. Mayor Pro-tem Kirstin Peterson made a presentation regarding the a Possible Resolution Supporting Federal Action to Ensure that Corporations do not have Constitutional Rights and that Money does not Constitute Speech. Discussion followed. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that departments were working on visioning materials and an overall PowerPoint presentation would be given on February 16 and 17, 2012. City Manager Metzler then stated that the parks use policy application was nearing completion. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $391,180.34 Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. DISCUSSION REGARDING SUPPORTING FEDERAL ACTION TO ENSURE CORPORATIONS DO NOT HAVE CONSTITUTIONAL RIGHTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS Mayor Pro-tem Kirstin Peterson adjourned the Regular Council Meeting ADJOURNMENT at 8:11 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder January 24, 2012 Page 3 of 3 Page 7 of 109 MOAB CITY COUNCIL REGULAR MEETING February 28, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis, Doug McElhaney and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, City Planner Jeff Reinhart, Police Chief Mike Navarre, City Manager Donna Metzler and City Deputy Recorder Beth Joseph. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Nineteen (19) members of the audience and media were present. Under Approval of Minutes, Councilmember Stucki moved to approve the Regular Council Meeting Minutes of January 10 and February 14, 2012 and the Special Meeting Minutes of February 16 and 17, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus gave an update on the Highway 191 project. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Joette Langianse and Ken Bishoff made a presentation regarding the Friends of Arches and Canyonlands National Parks. Discussion followed. Councilmember Peterson moved to approve a Petition to Vacate, Alter or Amend a Subdivision Plat for Ben's Subdivision, Subdividing Lot 29 of the Sunrise Hills Subdivision. Councilmember McElhaney seconded the motion. Councilmember Bailey disclosed that the Byrds are his in-laws. The motion carried 5-0 aye. Councilmember Stucki moved to approve the Final Plat for the Preserve Phase II Subdivision. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve the Subdivision Improvements Agreement for the Preserve Phase II Subdivision. Councilmember Peterson seconded the motion. The motion carried 5- 0 aye. Councilmember Bailey moved to approve submittal of an Application for the Drug Free Communities Grant. Councilmember Peterson seconded the motion. The motion carried 4-1 aye with Councilmember Stucki voting nay. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT FOR BEN'S SUBDIVISION, APPROVED FINAL PLAT FOR THE PRESERVE PHASE II SUBDIVISION, APPROVED SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE PRESERVE PHASE II SUBDIVISION, APPROVED APPLICATION FOR THE DRUG FREE COMMUNITIES GRANT, APPROVED February 28, 2012 Page 1 of 2 Page 8 of 109 Councilmember Peterson moved to approve a Fee Waiver for Moab Half Marathon's Use of the Center Street Gym on March 13 and 17, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to approve the Award of the Neptune ARB Meters Bid to Grand Junction Pipe in the amount of $27,250. Councilmember Stucki seconded the motion. The motion carried 5-0 by a roll -call -vote. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that budget schedules had been given out that week as well as a new Sales Tax Report. City Manager Metzler also stated that the Grand County Solid Waste District had been asked for a business plan for the curbside recycling proposal and that the moved -on structure ordinance and park alcohol policy were under review. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $111,314.64. Councilmember Bailey seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:31 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder FEE WAIVER FOR MOAB HALF MARATHON, APPROVED AWARD OF THE NEPTUNE ARB METERS AWARD, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT February 28, 2012 Page 2 of 2 Page 9 of 109 MOAB CITY COUNCIL REGULAR MEETING March 13, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis, Doug McElhaney and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, City Planner Jeff Reinhart, Public Works Director Jeff Foster, Community Development Director David Olsen, Police Chief Mike Navarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen Isaac Ellison led in the Pledge of Allegiance. Fourteen (14) members of the audience and media were present. There were no Minutes to Approve. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that aerial photography updates were underway and the Prospector Trail was up for a license agreement with Grand County. Under Engineering Department Update, City Engineer Andrus gave an update on the Highway 191 project. City Engineer Andrus then stated that she had been working with the Willows Project on sewer issues and that the impact fee request for proposal would be out in the next few weeks. Under Planning Department Update, Planning Director Reinhart stated that the Planning Department had prepared a Customer Service Survey to distribute that was also available on the City's website. Planning Director Reinhart also stated that staff had been working on grading issues with the Cinema Court Project. Under Police Department Update, Police Chief Navarre stated that staff had finished up the Skinny Tire Festival and were geared up for the upcoming half marathon. Under Public Works Department Update, Public Works Director Foster stated that he was working with Rocky Mountain Power on street lighting, that he had attended the Rural Utah Water Association and that he was working on the Riversands Water Project. Mayor Sakrison awarded Logan McKee the Mayor's Student Citizenship of the Month Award for March 2012 for Helen M. Knight School. Councilmember Bailey moved to approve the Consent Agenda as follows: 1) Approval of a Special Business Event License for the Rockwell Relay to Conduct a Bicycle Relay Event on June 7-8, 2012. 2) Approval of a Special Use of City Parks (Swanny City Park) for the Rockwell Relay to Conducted a Bicycle Relay Event on June 7 REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION APPROVAL OF CONSENT AGENDA March 13, 2012 Page 1 of 3 Page 10 of 109 8 , 2 0 1 2 . 3 ) A p p r o v a l o f a R e q u e s t f o r U s e o f C i t y R i g h t - o f - W a y b y J o h n K n o w l e s t o C o n d u c t a S i d e w a l k S a l e o n M a r c h 1 7 a n d 1 8 , 2 0 1 2 L o c a t e d a t 5 0 S o u t h M a i n S t r e e t . 4 ) A p p r o v a l o f a n A m p l i f i e d M u s i c E v e n t a t O l d C i t y P a r k b y t h e M o a b M u s i c F e s t i v a l t o C o n d u c t a F r e e C o n c e r t o n S e p t e m b e r 2 a n d 3 , 2 0 1 2 . 5 ) A p p r o v a l o f a S p e c i a l E v e n t L i c e n s e f o r t h e S o u t h e r n U t a h W i l d e r n e s s A s s o c i a t i o n t o C o n d u c t M o a b E a r t h D a y B a z a a r a t S w a n n y C i t y P a r k o n A p r i l 2 1 , 2 0 1 2 . 6 ) A p p r o v a l o f S p e c i a l U s e o f C i t y P a r k s ( S w a n n y C i t y P a r k ) f o r N e a l C l a r k o f S o u t h e r n U t a h W i l d e r n e s s A s s o c i a t i o n t o C o n d u c t a n E a r t h D a y C e l e b r a t i o n o n A p r i l 1 2 , 2 0 1 2 . C o u n c i l m e m b e r P e t e r s o n s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r S t u c k i m o v e d t o a p p r o v e a M o v e d - o n S t r u c t u r e P e r m i t f o r S h a n n o n C l a r k e , d . b . a . M i l l e n n i u m S h a d e s S u n g l a s s e s t o C o n d u c t S u n g l a s s S a l e s L o c a t e d a t 3 9 1 S o u t h M a i n S t r e e t o n M a r c h 3 0 t o A p r i l 3 0 , 2 0 1 2 . C o u n c i l m e m b e r D a v i s s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r P e t e r s o n m o v e d t o a p p r o v e a M o v e d - o n S t r u c t u r e P e r m i t f o r C i t y M a r k e t # 4 1 0 t o c o n d u c t a G a r d e n C e n t e r a t 4 2 5 S o u t h M a i n S t r e e t o n M a r c h 2 2 t o J u n e 3 0 , 2 0 1 2 . C o u n c i l m e m b e r S t u c k i s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r D a v i s m o v e d t o a p p r o v e a M o v e d - o n S t r u c t u r e P e r m i t f o r T a s h a D . W a g n e r , d . b . a . D o g z & T h i n g z t o C o n d u c t F o o d S a l e s L o c a t e d a t 8 3 S o u t h M a i n S t r e e t f r o m A p r i l 1 t o N o v e m b e r 1 , 2 0 1 2 . C o u n c i l m e m b e r M c E l h a n e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r P e t e r s o n m o v e d t o a p p r o v e a M o v e d - o n S t r u c t u r e P e r m i t f o r S t e v e n L u c a r e l l i a n d C a r r i e F i n n , d . b . a . Q u e s a d i l l a M o b i l l a t o C o n d u c t F o o d S a l e s L o c a t e d a t 8 3 S o u t h M a i n S t r e e t f r o m M a r c h 1 7 t o O c t o b e r 1 7 , 2 0 1 2 . C o u n c i l m e m b e r S t u c k i s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r P e t e r s o n m o v e d t o a w a r d t h e 2 0 1 2 R o a d w a y C h i p S e a l a n t P r o j e c t t o G e n e v a R o c k P r o d u c t s i n t h e a m o u n t o f $ 1 3 3 , 1 0 0 . C o u n c i l m e m b e r B a i l e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r B a i l e y m o v e d t o a p p r o v e t h e 2 0 1 2 R o a d w a y C h i p S e a l a n t P r o j e c t C o n t r a c t i n t h e a m o u n t o f $ 1 3 3 , 1 0 0 . C o u n c i l m e m b e r M c E l h a n e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r S t u c k i m o v e d t o A w a r d t h e P r e l i m i n a r y E n g i n e e r i n g R e p o r t f o r t h e N o r t h M o a b / L i o n s P a r k W a t e r a n d S e w e r S y s t e m P r o p o s a l t o F o r s g r e n A s s o c i a t e s I n c o r p o r a t e d i n t h e a m o u n t o f $ 4 9 , 5 5 0 . C o u n c i l m e m b e r B a i l e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e . C o u n c i l m e m b e r P e t e r s o n m o v e d t o a p p r o v e t h e P r e l i m i n a r y E n g i n e e r i n g R e p o r t f o r t h e N o r t h M o a b / L i o n s P a r k W a t e r a n d S e w e r S y s t e m C o n t r a c t i n t h e a m o u n t o f $ 4 9 , 5 5 0 . C o u n c i l m e m b e r S t u c k i M O V E D - O N S T R U C T U R E P E R M I T , A P P R O V E D M O V E D - O N S T R U C T U R E P E R M I T , A P P R O V E D M O V E D - O N S T R U C T U R E P E R M I T , A P P R O V E D M O V E D - O N S T R U C T U R E P E R M I T , A P P R O V E D 2 0 1 2 R O A D W A Y C H I P S E A L A N T P R O J E C T , A W A R D E D 2 0 1 2 R O A D W A Y C H I P S E A L A N T C O N T R A C T , A P P R O V E D N O R T H M O A B / L I O N S P A R K W A T E R A N D S E W E R S Y S T E M P R O P O S A L A W A R D E D N O R T H M O A B / L I O N S P A R K W A T E R A N D S E W E R S Y S T E M C O N T R A C T A P P R O V E D M a r c h 1 3 , 2 0 1 2 P a g e 2 o f 3 P a g e 1 1 o f 1 0 9 seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the budget process was underway with departmental reviews, that staff was coordinating a website upgrade and would be forming a design committee and would like a council representative and that work continued on the Moved -on structure ordinance as well as parks policy. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Sakrison stated that representatives were needed for the Solid Waste District and Airport Boards. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $312,328.08. Councilmember Davis seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to Enter and Executive Session to Discuss the Character, Professional Competence or Physical or Mental Health of an Individual. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. An Executive Session was entered at 7:40 PM. Councilmember Peterson moved to close the Executive Session. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. The Executive Session was closed at 7:54 PM. Mayor Sakrison adjourned the Regular Council Meeting at 7:54 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ENTER EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION CLOSED ADJOURNMENT March 13, 2012 Page 3 of 3 Page 12 of 109 MOAB CITY COUNCIL REGULAR MEETING March 27, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis, Doug McElhaney and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, City Planner Jeff Reinhart, Public Works Director Jeff Foster, Police Chief Mike Navarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Nine (9) members of the audience and media were present. There were no Minutes to Approve. Under Citizens to Be Heard, Helena Rohr requested an updated on the proposal to allow alcohol in City Parks. City Manager Metzler stated that staff was drafting a policy and it would be presented to the City Council in a few weeks. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT A Community Development Department Update was not given. UPDATE Under Engineering Department Update, City Engineer Andrus gave an update on the Highway 191 project and stated that the Impact Fee mandatory meeting would be held the next Thursday. Councilmember Bailey inquired as to the status of the Rotary Park Project. City Engineer Andrus stated that a large unexpected irrigation line had been located and was changing the overall design of the project and would delay the project. Under Planning Department Update, Planning Director Reinhart stated that the Planning Department had received numerous complaints regarding overnight lodging in motor homes and camp trailers and was distributing violation notices. Planning Director Reinhart then gave an overview of the upcoming Planning Commission Agenda. Under Police Department Update, Police Chief Navarre stated that the half marathon event had been very successful and that staff was preparing for the annual Jeep Safari. Mayor Sakrison stated that Police Chief Navarre had been awarded the police chief of the year award. Under Public Works Department Update, Public Works Director Foster stated that he had been working on the Riversands Water Project and that there would be a citywide power outage the in April. Councilmember Bailey moved to approve a Moved -on Structure for Creative Solutions, d.b.a. Jeep Automotive Located at 290 South Main ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE MOVED -ON STRUCTURE PERMIT, APPROVED March 27, 2012 Page 1 of 2 Page 13 of 109 Street to Conduct Exhibits and Displays for Jeep Safari from April 1 to 6, 2012. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve a Moved -on Structure for Josh Reeder, d.b.a. Desert Sno Located at 83 South Main Street to Conduct a Retail snow Cone Business from April 20 to October 20, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Boundary Line Adjustment for Andrew Riley between Parcels 2 and 3 of the Power House Subdivision Located in the RA-1 Zone. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Request to Send the Community Development Block Grant (CDBG) Project for Expanding the Willows Apartments to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Proposed Resolution #06- 2012 — A Resolution Approving the Employment Agreement by and between the City of Moab and City Manager Donna J. Metzler. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the the council would have the recommended budget the next Friday and she thanked departments for preparing their budgets. City manager Metzler then stated that the budget schedule had been changed and that staff was still working on the moved -on structure ordinance. City Manager Metzler stated that she and Public Works Director Foster had worked on a compromise for the Moab Irrigation bill and that the Ciy had just received a rejection of that compromise. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $138,959.57. Councilmember Peterson seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 7:33 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder MOVED -ON STRUCTURE PERMIT, APPROVED BOUNDARY LINE ADJUSTMENT, APPROVED CDBG PROJECT SENT TO PUBLIC HEARING RESOLUTION #06-2012, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS ADJOURNMENT March 27, 2012 Page 2 of 2 Page 14 of 109 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAx NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manager `( r" Date: April 19, 2012 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCK! Subject: Use of City Park Application and Special Event License Application for Red Rock Relay on May 12, 2012 The City Special Events Committee has reviewed the applications for the Use of City Parks and Special Event Business License for the Red Rock Relay, submitted by the Tim Collins. We have conferred with the coordinator for the event and are of the opinion that all issues with the event and use of the park have been adequately addressed. We find that the proposed use of Swanny Park for this event provides clear benefits to the community. The event brings visitors to town and provides economic benefits to the community. This event is on the same basic course as the Gran Fondo bicycle race. The City Council approved the Special Event License for the Grand Fondo event a couple of months ago. Over a period of months, and in communication with the event coordinators for both events, city staff have addressed scheduling, traffic control, street closures, law enforcement needs, etc. It should be noted that both event coordinators have made commitments to make adjustments to their events to accommodate the other event. It is expected that these commitments will be honored. Of note, the Red Rock Relay has agreed to start their event after the Grand Fondo event has started, to avoid conflicts between bicyclists and runners. The Special Events Committee recommends approval of the Application for the Special Use of City Parks and the Special Business Event License Application for the Moab Autumn Run to be held on May 12, 2012, subject to the following conditions: 1. The Red Rock Relay event will not start until the Grand Fondo race start is complete. 2. Red Rock Relay will ensure that all participants racing after dark will have appropriate safety equipment and apparel. 3. Red Rock Relay will ensure that there is a designated area for handicapped parking on the east side of the park. ADM-MEM-12-04-001 Page 15 of 109 4. Red Rock Relay will contact Parks Department staff before installing the start/finish lines at Swanny Park to ensure appropriate installation and placement of banners and poles. Contact information; Woody Marshall: 259- 7485. 5. Red Rock Relay will inform participants of the area designated for parking for the event. ADM-MEM-12-04-001 Page 16 of 109 Donna Metzler From: Rachel E. Stenta [rstenta@moabcity.org] Sent: Tuesday, April 17, 2012 10:17 AM To: 'Tim Collings' Cc: Donna Metzler; chief@moabcity.org; jfoster@moabcity.org Subject: RE: Red Rock Relay Tim: Thanks for your quick response. We have the park map that you had detailed your parking on — no need to send it again. The aerial photo map showing the Rocky Mountain Power parking lot was a new map that had not previously been submitted. We can disregard this map if your intention is not to use that lot for your parking. The Handicap/Loading Zone needs to be in close proximity to your registration and start/finish line on 100 West so the existing handicap stalls would be too far away. Please contact our Public Works Director, Jeff Foster at (435) 260-0397 to discuss the handicap zone requirements. Thank you. Rachel E. Stenta City Recorder/Assistant City Manager City of Moab (435) 259-2683 www.moabcity.org From: Tim Collings[mailto:moriahpropertv(agmail.com] Sent: Tuesday, April 17, 2012 9:47 AM To: Rachel E. Stenta Subject: Re: Red Rock Relay Thanks Rachel, I sent you a map using your diagram earlier that had our parking only along 100 W. That is the current parking plan. I can resend it for you. Handicap Parking would be at the handicap parking stalls on the east side of the park. I will get on the rest of these items asap. Thanks, Tim On Tue, Apr 17, 2012 at 9:37 AM, Rachel E. Stenta <rstenta@moabcity.org> wrote: 1 Page 17 of 109 Tim: The Special Event/Parks Use Policy met to review your applications. Thank you for providing the additional information that was requested. The following items were identified as conditions of the approval of your applications: 1. Contact the Parks Superintendant (Woody Marshall) at (435) 259-7485 to schedule and coordinate the placement and construction of your start/finish line. 2. Please either revise and return the attached map that designates parking for your event at the Rocky Mountain Power parking lot or provide a copy of your parking agreement with Rocky Mountain Power. 3. Please designate a handicap dropoff and loading zone for your event parking. 4. Please inform your participants of designated parking prior to your event. 5. Please pay the Park Use Fee of $125 and a damage deposit of $500 The Parks Use Fee must be paid by 5:00 PM on Monday, April 23, 2012. The damage deposit must be paid prior to your event. Please contact me if you have any questions or if I can be of further assistance. Rachel E. Stenta City Recorder/Assistant City Manager City of Moab (435) 259-2683 www.moabcity.org 2 Page 18 of 109 Rachel E. Stenta From: Sent: To: Subject: Attachments: Tim Collings [moriahproperty@gmail.com] Tuesday, April 10, 2012 11:48 AM Rachel E. Stenta Re: Park Use Request Form -- Moab Swanny Park Layout Moab 2012.tiff Forgot this attachment:) I also would like it on the record that as a result of Gran Fondo refusing to start until 8 PM, we will as a result have many runners still coming into Moab and the finish line after dark (8-9 PM). It would be much safer for our participants if Gran Fondo were wiling to start at 7 AM. Thanks, Tim On Tue, Apr 10, 2012 at 11:40 AM, Tim Collings <moriahproperty 4mail.com> wrote: oscri -° 40-^/� Rachel, 0,1 C-O-V2 p), Vxn Thanks for talking earlier. See my responses below as well as the attachments. Thanks! Tim On Wed, Mar 28, 2012 at 3:01 PM, Rachel E. Stenta <rstenta(a,moabcitv.org> wrote: Tim: 33)))./-1g ��� Thank you for submitting your applications for your upcoming Red Rock Relay Event on May 12, 2012. Staff reviewed your application for a Special Business Event License (Event License) and your application for Special Use of City Parks (Parks Permit) and we need you to provide the following information and make further clarification as outlined: 1. Your proposed use of Swanny City Park must be outlined on the park map provided with the application. I've attached another copy for your convenience. - SEE ATTACHED MAP i Page 19 of 109 1' d 2. A detailed overall course map (denoting street names) for your event is necessary for your Event License to be approved. -SEE ATTACHED SATELLITE IMAGES 3. A copy of your UDOT event permit is required for your Event License to be approved. - WAITING ON UDOT 4. More parking details are required including the number of cars expected per hour. Your parking plan needs to anticipate no parking availability on 400 North Street during the Gran Fondo Event as well as parking for the Farmer's Market. Staff does not anticipate all event parking to be accommodated by on street parking as your plan proposes. A parking agreement will most likely be needed with an adjacent property owner. - WE EXPECT AN AVERAGE OF 30-50 CARS AT THE PARK AT A GIVEN TIME. SINCE GRAN FONDO /S NOT STARTING UNTIL 8 AND WE USUALLY START OUR TEAMS AS EARLY AS 6 PM, THERE WILL BE SLIGHTLY HIGHER CONGESTION OF VEHICLES AT THE PARK AT 8 AM. WE HAVE INDICATED THAT THEY CAN PARK ALONG 100 WEST FROM SWANNY PARK AS FAR SOUTH AS NEEDED FOR THE AM START TIME. 5. Both your Event License and Parks Permit need to detail when and where your registration will be held. Both show only May 12, but our understanding from the previous meeting with you was that your registration was on Friday evening. - REGISRAT►ON WILL TAKE PLACE AT THE SWANNY PARK PAVILLION ON FRIDAY AFTERNOON MAY 11 FROM 4- 8 PM. 6. Your Event License needs to indicate your event start time. As per the previous meeting with City Staff and Gran Fondo organizers, your event must start after Gran Fondo (after 8:10 AM). - OUR FIRST RUNNERS WILL START AT 8:10 AM. VEHICLES WILL BE HELD AT THE PARK UNTIL 8:30 AM BEFORE THEY CAN DEPART TO THE RIVER CANYON EXCHANGE 2 Page 20 of 109 6-1 J 7. A copy of your proof of insurance naming the City of Moab as an additional insured is required. - THIS HAS BEEN REQUESTED AND WILL BE PROVIDED WITHIN THE WEEK. Please submit this information no later than Monday, April 9, 2012 so that staff may review your applications again. Thanks for your cooperation and please let me know if you have any questions. Rachel E. Stenta City Recorder/Assistant City Manager City of Moab (435) 259-2683 www.moabcity.orq From: Tim Collings [mailto:moriahoroperty@gmail.com] Sent: Monday, March 26, 2012 9:55 AM To: donna(&,,moabcity.org; rstenta(cr�,moabcity.org Subject: Fwd: Park Use Request Form -- Moab Not sure why this hasn't been going through. Please let me know you get it this time:) Tim 801-830-1099 3 Page 21 of 109 Forwarded message From: Tim Collings <tim@redrockrelay.com> Date: Mon, Mar 26, 2012 at 9:53 AM Subject: Fwd: Park Use Request Form -- Moab To: Tim Collings <moriahpropertv(a�gmail.com>, Red Rock Relay <redrockrelay(agmail.com> Forwarded message From: Tim Collings <timAredrockrelay.com> Date: Fri, Mar 23, 2012 at 12:33 PM Subject: Fwd: Park Use Request Form -- Moab To: "Rachel E. Stenta" <rstenta@,moabcity.org> Forwarded message From: Tim Collings <timAredrockrelay.com> Date: Thu, Feb 2, 2012 at 12:08 PM Subject: Re: Park Use Request Form -- Moab To: donna@,moabcity.org Here you go Donna! Here is the complete application. Let me know if the map is ok. Also, when you have the fee amount, I'll send you a check. Hope that foot is feeling better. You going to run in our event??? Tim On Fri, Jan 27, 2012 at 2:45 PM, Donna Metzler <donna(a�moabcity.org> wrote: Anita and Tim, I believe Rachel Ellison has made you aware that the City adopted a new Parks Policy and Fee Structure last October. The new policy entails submitting a Park Use Application to the City Council, rather than just a letter. The use also involves a fee. The Application is finally ready. Please find the application attached. The application entails a map where you can show any structures to be used, etc. I have also attached the fee structure. Once we get an idea of the time and extent of your requested use, we will be able to tell you the fee, but the fee structure provides a good guide. You will pay any fees and damage deposit prior to issuance of a permit. 4 Page 22 of 109 Please get me your completed application as soon as possible and I will get it on the next available City Council agenda. Please contact me should you have any questions at all. You can reach me via email or phone 435 259 5121. Thank you for your patience! Donna Metzler City Manager Tim Collings Error! Filename not specified. http://www.youtube. com/user/redrockfilmworks#p/a/u/0/asmvPzinRfw facebook.com/redrockrelay www.redrockrelay.com Tim Collings Error! Filename not specified. 5 Page 23 of 109 ti City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: %/M L, Gu,„gs Name of Organization and Event if applicable: gE,0 gocx 26.2Alf Address: F� eCte `7 ?/GZz Day Phone. 32)/ - $30-/0?, Email. T/,r t e4dRcc,e4s4/51/41 Proposed Park Usage Information ...�.�..,.� r Which park to you intend to use? Swanny Park. %C Other (please indicate name of park: Please indicate the proposed dates and times of use: Proposed Start Date: MAY iZ Start Time: Opm End Time- am/gp. Proposed End Date: /*MY/Z Start Time: 40 67pm End Time• g- am/, r�i Please specify what areas of the park are proposed for use- RAvice-/oA 6;e6e5 76wl�� �i95T bz (514,frOE ,41- WA") For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: / 5-60 Number of spectators that you expect: /e5d Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: S Mgr/60/4w ,5-74 v,L / /0'yip ' Aro UP Cmeraft S Will amplification be required for your event? Yes No Please specify any electrical needs for your event: �jA6IC l 10 Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. Soo L',4LS .9gtd/Iv<, Ar Pry" ,44fd LfAv/4/J"�i `?- /4+1 If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. /UGN4- PLEASE COMPLETE OTHER SIDE Page 24 of 109 Do you intend for the park to be open to the public during your event? Yes )cl No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: VOL-UNIUR-S For groups over 100 people, please describe your refuse control and recycling plan: (-AitAA‘L Dvn1,57z S Please describe your clean-up plan during and after the event: 'Jot-vNT��RS 4-I�CP wrrt Ptctz vP of-- Au_ CARSIKS Please describe your restroom facility plan: Ib - iS - 1Rrr+ R)n-75S N Ni-v/4's 7>i,eorv£S " Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: Ra Aci MAri giefAKS /Sac V 15 / 72, S 7b MOA$ , e C440r5 Fz/A7 L- 0^14* 7)/t i TFS GJ / 77/ .S'P er- rnverPtvNi . Please specify and describe other community or city facilities that you plan to use: NoN Have you applied for a Special Event Permit for this use? Yes x No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person. Date. / 2 E Office Use Only Public Works Review- Police Department Review: Administrative Review. Park Use Fee: Date Fee Paid: Date of City Council Approval. Insurance Received. Final Set up Diagram Received* Special Conditions or Requirements: Other Required Permits and Approvals Page 25 of 109 0, A ^1•y 'c-3Ay'a3 1E -IS ')SnNi ltttdgers •Start; Finisfi't]n� - Image Stale of Utah 2012 Guoglei•t 3S 34 41 32 U 109 3111 01 N re. 4022 ft (greenu 1 _- t cc earth. DATE PAID: AMOUNT PAID: RECEIPT NO.: /6o (7° CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): 15 TRANSIENT ($80): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 O eo �� NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Cp MA-4 au N al ri---Q5-K) i— �W PAa- v - LA- _sill_ Liao P — 5w ) PAO-l- w A-14 of K PNe_ke- TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: /14 kg/ N ( 2 , 24:3 t •Z ANTICIPATED # OF EVENT PARTICIPANTS: 2_600 TYPES OF VENDORS PARTICIPATING IN EVENT: NUMBER OF VENDORS PARTICIPATING: NOIJf, c4E-r - EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): pEG (Cj-14A-li063 EVENT SPONSORS NAME: fop �OC iG ( �(,/ I�/l nA,S .LC SPONSORS ADDRESS: f3o)Ci ((p'L CITY: 8 R€M SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: STATE: PHONE: issn-�Q kir ZIP: D_L w / DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION `j 9THER (SPECIFY): EVENT SPONSORS SALES TAX ID #: 1 c�j� NAME REGISTERED WITH THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE ,D�EtLAYYED. I/WE Trivk COLS.! N V C7 HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRI NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IANE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). I f ' AGR TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of gna u e • ponsor ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUBLIC JJ = day of u c Z.O72. SEE BACK OF FORM FOR ADDITIONAL REQUI AR E LA GA LE Page 30 of 109 5-a Red Rock Relay Maps http:!Iredrockrelay.com/moab/the-course'maps Page 31 of 109 .00 ur :F 7 of d 1/15/1f111 11•'17 AN CRY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 I FOR ZONING OFFICE USSONLY PARKING: eYZ. MOAB CITY'CODE: SIGN PERMIT: 1atZ., 4, pitifittei MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: ❑ YES CYNo ❑ YES E No -/f / Viekti DATE:�� NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: 1:ib 206Q 9-fC/ CITY: (De-CA.A. f Pec FL MOA8 PHONE: ISM [] ,30 - (0 l STATE: I)'r ZIP: vs-foy 1 BUSINESS NAME: V..''ZOCie' g“ Prq MO OAA LLC } BUSINESS LOCATION: Co Q.-LPA U 1- ZONE: at/ Iv N 1 t4 G goc-ify DETAILED DESCRIPTION OF BUSINESS ACTIVITY: (1) N► M► 17-44/1 d 3 3 S 9 i _-__ 1 .. _ 1, Page 32 of 109 06/16/05 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI To: Honorable Mayor and City Council From: Donna Metzler, City Manager il\------ Date: April 19, 2012 Subject: Special Event License Application for Canyonlands Rodeo The City Special Events Committee has reviewed the applications for the Special Event Business License for the Canyonlands Rodeo. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. ADM-M EM-12-04-001 Page 33 of 109 6 -3 DATE PAID: 3 ' 2-5 12) Q� AMOUNT PAID: {�J, RECEIPT NO.: 12-451 CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121. / FAX (435) 2594135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80,00 LICENSE #: ZONE: NAME OF EVENT: (,vy-ti iSnaelfrlid kl) �Dekto pw,rto DESCRIPTION OF EVENT: ° P®hfild ^, LOCATION OF EVENT: ��j u ti PGA) -� ) ` n6m ,�4 jdr) PREMISES TO BE USED. TEMPORARY STRUCTURES TO BE USED (IF ANY): [ Q) DATE(S) AND TIME(S) OF EVENT: l7 t l �e , W 4 Q ,2.�. iar ANTICIPATED # OF EVENT PARTICIPANTS: EVENT SPONSORS NAME: ,dacirrAopg R ocitio SPONSORS ADDRESS: SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMB41001110111W E PHONE: STATE: Vbl ZIP: B4U6/ DATE OF BIRTH: WOW, THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR 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 YYl F L�EASE PRINT New �Q HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB CITY SPECIAL EVENT LICENSE REGULATIONS AS FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINHEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. rgnature ofSponsor Date State of Utah ) SS County of Grand ) ,}�t SUBCRIBED AND SWORN to before me this � ii day of Oft 1 Gat_ , ARY PUBLI 4.44 OAN ELLE. GNOMON Notary Public State* Ins COMM. No. 575999 My Comm. SWIM SO 7, 2012 r wr z e 20,7a ,; �', f? ; q ply; F.:- SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 34 of 109 53 r CITY OP-MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING y j�JC ADMINISTRATOR: V 1! lA f Iv4 n Q7 GNA DATE: ' �v ' 2 �ctS-rt�1� 'S51 ' 00rJ ❑ YES )Fi No ❑ YES No NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: venQ.orncko MY RM%) CQ.ub P©, Brnc 1105 CITY: -moot) PHONE: e°t' c4-4 QLl$-4 STATE: UT ZIP: VLISn BUSINESS NAME: r'Af r" to ell.09Q fY-irk> P #'�j�ji'! °� QA l Q �1 JlJ BUSINESS LOCATION: ��1h 31Lof Q) CLA2 ► 1a, 1 I ZONE: R.'2_. I DETAILED DESCRIPTION OF BUSINESS ACTIVITY: p,o iZ0,,Mr id Pa.11k/ Ul�_) t-�"t� d r) -rne inn k), 40 I_?1a�Lfflairrr--) -^ i ((l1 ()AID. Page 35 of 109 06/16/05 5- 3 Canyonlands PRCA Rodeo Club P.O. Box 1105 Moab, UT 84532 info@MoabCanyonlandsRodeo.com PRCA Rodeo March 28, 2012 City of Moab 217 East Center St. Moab, UT 84532 Dear City Council Members: I am writing on behalf of the Canyonlands PRCA Rodeo Club, requesting you consider waiving the fees normally associated for both the Rodeo Parade being held on June 2, 2012 and the banners being hung on Main Street. The Canyonlands PRCA Rodeo Event is sponsored in part by Grand County and the Grand County Recreation Board. This event provides family entertainment to Moab City and Grand County residents as well as visitors to our area. Thank you for your consideration. Sincerely, `i-rY's`g"Q Marsha Leota Canyonlands PRCA Rodeo Executive Secretary Page 36 of 109 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-51 21 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manager �✓ Date: April 19, 2012 ` , MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI Subject: Moab Charter School Use of City Park Application and Special Event License Application for Moab Autumn Run The City Special Events Committee has reviewed the applications for the Use of City Parks and Special Event Business License for the Moab Autumn Run, submitted by the Moab Charter School. We have conferred with the coordinator for the event and are of the opinion that all issues with the event and use of the park have been adequately addressed. We find that the proposed use of Swanny Park for this event provides clear benefits to the community. The event provides a fundraiser for a local public school and involves many community members. We have worked directly with the event coordinator on traffic control, street closures, law enforcement needs, etc. The event coordinator has been particularly responsive to all of the City's concerns and requests. We recommend that the applications be approved with the following condition: 1. All course markings should be done with cones, signage, tape and flags, rather than paint markings on the street and/or sidewalk. The Special Events Committee recommends approval of the Application for the Special Use of City Parks and the Special Business Event License Application for the Moab Autumn Run to be held on September 22, 2012. ADM-MEM-12-04-001 Page 37 of 109 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the applicationby the City Council,•a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: JOe- ite/Mlbo d Name of Organization and Event if applicable: Moab 04.44I-4-er Sc14.4ol 1‘4,04.6 A-r.4,'i't.tw rt RAJA Address. 3S8 6 300 S y+it.oab tiT Q-ty"32 Day Phone: 251- 2Z11 Email: WL04 bCk ctv4e4- � oJhtiai (• Corot Proposed Park Usage Information "` Which park to you intend to use? Swanny Park. )4 Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: Serr 22. 2-012-Start Time: S:6° r)i pm End Time• tt "a° ®/pm Proposed End Date: Start Time: am/pm End Time. am/pm N ov:N. w•e 66. (y j o s f Senzh• o f re,6() Please specify what areas of the park are proposed for use. For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect: 2s o Number of spectators that you expect: 50 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: 2 51`44te Ca•w0 G.a'S ' X � ) t S�f/-N h i vi�s�t Will amplification be required foY�I z2' r your event? Yes X No We- u s ek. lke• Power ?ore 61,‘ wc.s- - S. oln ( w s4- Il . Please specify any electrical needs for your event: Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. V o I 0441 er's . 01-1420e wi u- , we. le- efAte to Pmr(.- tvezhot 4 Sw b y►ri y 6Ke(71- w e s-i- s-4" ) . If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. 64� C 0 1Le .&Ga CO ne,S it) i)4444, AveAut, biti- if (444 �o� Iola Gk-�. -Fe rZs d�ewts • I"-�'j P e(,u.c“ 0.y% 6-(--f-„7cam►- wf' PLEASE COMPUTE OTHER SIDE Lto 0 1,),„,-h, �y,� h,4)e„ P Do you intend for the park to be open to the public during your event? Yes x No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: jJOAc €4ee4e-o( -F, lae 14.a1.4e_J 10" W►Aa.l.' Ci-11 Qo (i.ce •cam- i s Lt0 6) N ov1 vt. 6-ri-ot Po-Ar - Ave vt . For groups over 100 people, please describe your refuse control and recycling plan: 144 of pI'e-S•lav' 10.114.5 • 1N& Corn. 11,4441 off witMio i.c,:(vic.54 KuAc(t (a.sf Please describe your clean-up plan during and after the event: �o Ivni-e-QeS 41) gem► tAl • Dire -of -be (7oa, f4-e to,ulS w; 6+141,we , Please describe your restroom facility plan: �l 40 w4-4 eo•rtt - re-sivaar-S • Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: • Qvdr So Sf 4,dl2.4; Y1/44410.19 4k4e4 P1/4-c , . A,lt a ro cxsuLs 50 +0 M-LS G•‘ .4( 1\-92. CN1.44-4. Cr FI•S 1004- SLIM ( y3 6-1 s = Ei G bsr Grw„- vi 442.444.4A . frarb-m-tr -s Yuv►A 14-5 4w 11%AL ova kri1k the c wadi. fr._. Please specify and describe other community or city facilities that you plan to use: More. • Have you applied for a Special Event Permit for this use? Yes X No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No VS Air I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date 3 ` 20 ^ !� Public Works Review: i Police Department Review: Administrative Administrative Review. Park Use Fee. a 5.0° Date Fee Paid: Vail/A. Date of City Council Approval• a n,ai,., D.p. ! 0,0,00 Insurance Received• Final Set up Diagram Received• Special Conditions or Requirements: J S e e. 4'11-A-CQ1 klevWD Other Required Permits and Approvals Lt\-(4-.,+ Le4.-1- j S� ecA a (%L Ce • Page 39 of 109 S-9 Swanny Park f 100Non» Street Aquatic Center Outd • or Swim itig Poo 6 Covered Picnic Tables \\k \\ \\C Park Drive 100 50 N - SCALE 0 I 3 Picnic Tables 100 1" = 1 00 ' P 200 FEET /00 WestSfieef To Main St. One Block Page 40 of 109 yy EVENT AMOUNT D • • o EVENT; Wrnitr6CI PRE ISES • MD 259-51ffl01 M P-Azttg P�7uat .yt YABLE 5-v./awl Prwie- , 4,00 ^low. , 500 L•lQ sk , 1. a"Q CO,aic-- Roaad O.BEUSED: N17rtk SI442 b•FSWG�►`LY11 ►`a--•' - 'EYOdt1 `OD: —5' ; V3 STRUCTURES TOT EUSED ( F'..'N- G'-/ ..! .Ret:t L. 1;0/ � IY'` �+�e � / $ �` 4—akt. gwv ►'%I "'"� 4 62-7X r2-r) ND TI.ME(S; OF E=VENTo i ti'9D14340?10- C) g SeiQZ ikkg�� 2-2.. L ZG { 2 SPONSOR SPONSORS SPONSORS SPONSOR'S S; NAME; .IPANTS{ 2'SO loee 41 woo d (mw b Sc ,6 c.l 3S E. 3° S CITY: Yth o b DRIVER���iRW SOCIAL NUMBERS(STATEOROT ERPROOFOF.DENTITY: SECURITY PHONE: ( - 2-2;1 STATE: fil zIP Z Lf 53 Z UMBER: _ DATE OF BIRTH: _ MI ..,• 7NOI' ° EIR6ii APPLIOATIONVC;Q& `g`tP2�'_ LICENSE WILL BE.ISSUEDAFTERrCIT�Y ' moo I ,GL ICO.RI'�jj ,�`j galff'WITH0 51-5I120T OBTAINING A LICENSE; .ALL INFORMATIO Tn CIAAIL Eig gn 1. SPEC L EVE , LICENSE REGULATION THE INFORMATION CONTAINED EREIIS LOCATION State CQ SPONSOR: County (*Gran SUBCRIBED' NOTARY elute of Spenser SWORN before AS SET TRUE. NCIL APPROVAL. IT IS LY COMPLETED OR HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB ORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF I/VVE NDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED 3-7-0'" pate his U day of J" 6Ao''v. . , �! Page 41 of 109 REQUIREMENTS1 5 lf� CiTY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: �—Sigri 14eI MOAB CITY CODE: I1 • • 210*0 SIGN PERMIT: WA 01 Rer% MOVED -ON NECESSARY: ❑ YES tilt NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES ti NO REVIEWED BY ZONING ADMINISTRATOR: DATE: • ( '• NAME OF APPLICANT: M et,t2 Cl' -Cw4e" 56,(445.( / Jo 2. (Ael uft)D , APPLICANT'S MAILING ADDRESS: --% s S00 S CITY: ►'Lea L PHONE: STATE: -S 9 - 22-7-1 ZIP: BUSINESS NAME: BUSINESS LOCATION: ZONE: '2-•2 rVLBa•b d'e4.4Ter ScLt.( � lAko to A-X-4-1At4AA g"44. 3 S' E 300 S. µa .6 I.c T S Lfs32- / ireAt t' 44 S wa-K 0, ‘a-y te. DETAILED DESCRIPTION OF BUSINESS ACTIVITY: wloab Gke„,,.4-er 5avo•S`s 20'4) cwt. n v4- k MA4,6 14,esi3 ffA-1.4.414WtK(k"--Vt 4 ( 0 (4 , S (4- , 141: it- b lL r&z.2 -6 (evi T Sh__ LL5 0 T A L S Wr`-/' l 'U - G Ceiv1ti.4•7 ii % "� �- 2l C-% Ls ? S7� j C a S. S 00 Vw v // t4t4tA.5 . t Page 42 of 109 06/16 05 61.° 3/20/12 Fwd message from city website.htm From: Mike Navarre [chief@moabcity.org] Sent: Friday, March 16, 2012 11:59 AM To: Carmella Subject: Fwd: message from city website Special events up -date! Sent from my i'ad Begin forwarded message: From: no-replyna,moabcity.org Date: March 16, 2012 9:45:04 AM MDT To: chief@moabcity.org Subject: message from city website Do not reply to this address! The following information was submitted via the city website: Message: Chief Navarre, We are looking to schedule our Moab Autumn Run again this fall and need City approval and police support. We expect it to be mostly the same as last year. The date is September 29, Saturday at 8:00 am All info is below. Joe Moab Autumn Run 1 Ok - 5k - Kids' K Saturday, September 29 Times 8:00 am Start for 1 Ok and 5k 9:30 am Start for Kids' K Route Begin at Swanny Park; west along 400 North; South on 500 West to Kane Creek Road. Out Kane Creek Road to the 5k and then the 1 Ok turn-arounds and back to Swanny Park. Road Closures We are hoping to close Kane Creek Road for 60 minutes from 8:00 am until 9:00 am. We will distribute fliers in the prior weeks to all homes along the route and put up notices at the Kane Creek Road and 500 West intersection weeks in advance. Page 43 of 109 file:NC:/Documents and Settings/Carmella/Desktop/Events/Fwd message from city website.htm 1 3/20/12 Fwd message from city website.htm Sheriff We hope to actually close Kane Creek for just one hour this year, and then reduce it to one lane for a half hour or so after that (like we did last year). The reason we would like to close it for one hour is we expect more runners and feel it might get crowded with the 5K turnaround and 1 OK runners trying to squeeze through on just one side of the ride that first hour. After the first hour, we should have the bulk of the 5K people out of there and the runners should be thinned out. What Grand County Council permissions do we need if you think this is possble? Moab City Police We are hoping to get your support for monitoring the 400 North and 500 West streets like we did last year. If this is possible, will you take care of City Council approvals like last year, or should I handle that? Please contact the following Race Committee Directors if you have any questions. Joe Heywood — Moab Charter School Director 435-590-8924 Randy Martin — GCHS Cross Country Coach 259-4097 Thank you for all of your support. We had 149 runners last year, and we hope to have between 200-250 rurmers this year. We raised over $5,000 for the high school runners and the charter school students with this event last year. Hoping it goes well again. Contact Information: Name: Joe Heywood Email: moabchartera,gmaiLcom Address: 358 E 300 S Moab UT 84532 City: Moab State: UT Zip Code: 84532 Phone: 435-590-8924 Page 44 of 109 file:ll/a/Documents and Settings/Carmella/Desktop/Events/Fwd message from city website.htm 2./: Rachel E. Stenta From: Sent: To: Subject: Attachments: Joseph Heywood [moabcharter@gmail.com] Monday, April 09, 2012 8:07 AM rstenta@moabcity.org Moab Autumn Run Autumn_Run_10k_Route.pdf; Autumn_Run_5k_Route.pdf Rachel, Sorry about the delay. We went on Spring Break last week, and I totally forgot about the info you needed. 1. Course Maps and all other information located at our website (www.moabautumnrun.org). I have also attached the maps. Both races will begin and end at Swanny Park. We set up our simple starting/finishing area just south of the pool on the grass on the west side of the park. We drew 150 participants last year, and we hope for 250 this year. 2. City Police set up at the intersections of 400 North/Park Ave and 400 North/ 500 West. The Sheriffs Office takes care of the Kane Creek Road and 500 West intersection, and they minimize Kane Creek Road to one lane of traffic. I have already discussed this with Steve White, and he is in full support. Both agencies were very supportive last year. 3. The course is well -marked, and we have course marshals spread throughout the course to direct runners. We plan to increase signs this year. We placed fliers with all residents along the route in the week prior to the event and will do so again. 4. The 5K and 1 Ok start at the same time, head out 400 North, turn south on 500 West, and hit Kane Creek Road. The 5K turnaround is before they reach the river, and the 1 OK turnaround is just before the first campground up Kane Creek Road. 5. We had a successful Kids' K last year, and we will increase the police presence there with an expectation of more kids. They ran down Park Ave to Park Dr to Park Ln to 400 North and back to the park in a simple one - block loop. Please call my cell if you have any questions during your meeting that I can answer, or I can appear in person. (435) 590-8924. (� Thanks, Joe Dr. Joe Heywood Moab Charter School Director (435) 259-2277 office (435) 590-8924 cell (435) 259-6652 fax 358 E 300 S Moab UT 84532 www.moabcharterschool.org Cave -vs W 1-4kn Lcccy cnr- S( tto—j\I 0 y ca v\A-r - 1 Page 45 of 109 1„ aynou not unli =luny grow 't14t, 1. Awe° am* • tg u, , w e13.4 Vedp onl. i w V} any pow) 3 1 co — J w QUM — DS 1;0:00 4,1 - Z 4e44 %elm/ h NJ %aro *wax Si g e z el Me eM au& 2 N OOZ M °D Nsve ovskiz, :lNNVMS ;AC a is N u14 %%ta rtn.... 4b S00ZM AIN%eweIIIM M ip 3(JB a MIME M 18 Sle1Ue8 3 IepdSOH leubwaIN ually H: 7$ N.4ltf ' enyaleH M N OOP M J C W z --iSN410 t Page 46 of 109 s dun* an° a�no� noj uaumnv grow „s4 v �� o- ity J, • '0�74 �?) * 9 w 0tb vaOprgvol-e x}o w 411(1)1aarj OWN aAy Nom S OOL M a i 2 !A J w gem - is aWpS,h 421 m z 3 Fepn s-e/tAm v, —xeM sweimm-M- N 8 e z }-: 1 IAS M 1$ DAUBS 2 allaeieM 3 'uZ Z N OOZ M 55 )121`d P „1Bd ji ZNNVM9 z� a 18 N 41h .�. J � 1i � t1 .O )1Jac; ,e}1dsa� leuotum uagy . Hi ` - 4S N 41p I 7O 8m1 91e14m . „ iS N 4114, i.uiod punaie �IOI Page 47 of 109 Donna Metzler From: Rachel E. Stenta [rstenta@moabcity.org] Sent: Tuesday, April 17, 2012 10:29 AM To: 'Joseph Heywood' Cc: Donna Metzler; chief@moabcity.org; jfoster@moabcity.org Subject: RE: Moab Autumn Run Joe: Thank you for submitting the additional information that we had requested. It was very helpful. Last year you conducted an onsite registration the night before your event which would alter the dates you requested to include September 21, 2012 as well. Is that your intention for this year's event as well? If so we will list your approval on the City Council agenda to include the 21st and 22nd. The Special Event/Parks Use Committee reviewed your applications and we are forwarding them to City Council for approval on April 24, 2012 with the information you have submitted and an additional condition as follows: 1. The running courses be marked with traffic cones or candlesticks, flags or signs but no paint. Thank you and please let us know if you have any questions. Rachel E. Stenta City Recorder/Assistant City Manager City of Moab (435) 259-2683 www.moabcity.org From: Joseph Heywood [mailto:moabcharter@gmail.com] Sent: Monday, April 09, 2012 8:07 AM To: rstentaCamoabcity.org Subject: Moab Autumn Run Rachel, Sorry about the delay. We went on Spring Break last week, and I totally forgot about the info you needed. 1. Course Maps and all other information located at our website (www.moabautumnrun.org). I have also attached the maps. Both races will begin and end at Swanny Park. We set up our simple starting/finishing area just south of the pool on the grass on the west side of the park. We drew 150 participants last year, and we hope for 250 this year. 1 Page 48 of 109 2. City Police set up at the intersections of 400 North/Park Ave and 400 North/ 500 West. The Sheriffs Office takes care of the Kane Creek Road and 500 West intersection, and they minimize Kane Creek Road to one lane of traffic. I have already discussed this with Steve White, and he is in full support. Both agencies were very supportive last year. 3. The course is well -marked, and we have course marshals spread throughout the course to direct runners. We plan to increase signs this year. We placed fliers with all residents along the route in the week prior to the event and will do so again. 4. The 5K and 1 Ok start at the same time, head out 400 North, turn south on 500 West, and hit Kane Creek Road. The 5K turnaround is before they reach the river, and the 1 OK turnaround is just before the first campground up Kane Creek Road. 5. We had a successful Kids' K last year, and we will increase the police presence there with an expectation of more kids. They ran down Park Ave to Park Dr to Park Ln to 400 North and back to the park in a simple one - block loop. Please call my cell if you have any questions during your meeting that I can answer, or I can appear in person. (435) 590-8924. Thanks, Joe Dr. Joe Heywood Moab Charter School Director (435) 259-2277 office (435) 590-8924 cell (435) 259-6652 fax 358 E 300 S Moab UT 84532 www.moabcharterschool.org z Page 49 of 109 DATE PAID: AMOUNT PAID: RECEIPT NO.: rly9-2S CITY . OF MOAB PEDDLER/SOLICITOR TYPE OF BUSINESS (REQUIRES CITY COUNCIL APPROVAL — YEARLY) -0 ce BUSINESS LICENSE APPLICATION O No CHARGE IF CURRENT CITY 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SURCHARGE: $$O.00 OR COUNTY LICENSE IS ATTACHED TOTAL FEE: LICENSE #: +jayl BUSINESS NAME: BUSINESS MAILING ADDRESS: j / TM6 AS t-! 6v V BUSINESS ADDRESS: E-MAIL ADDRESS: CITY: BUSINESS PHONE: 1153 c2/5 Si i (04 STATE: & y63ZZIP: 6%32_, BUSINESS OWNERS NAME: l _, !C7'ev PHONE: 426 /1/45 6/6*� OWNERS ADDRESS: / 7 N / OQ it.21/ CITY: 0 STATE: � ZIP: ge-6 3 �. OWNERS DRIVER LICENSE NUMBER & STATE OR OT ER PROOF OF IDENTITY: TR 1 ✓ Q F` L'I C-L OWNERS SOCIAL SECURITY NUMBER: DATE OF BIRTH TYPE OF ORGANIZATION'". PROPRIETORSHIP O PARTNERSHIP 0 CORPORATION OOTHER (SPECIFY): SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION: ! v/ 1? 1471111/111.8 - NAME REGISTERED WITH THE STATE FOR TAX ID: O1/NI '� t ,r e— � � G � !✓ze ffp--z Name of person(s) operating under this license: Proposed geographic area where business is to be conducted: /y1 43 a 17 Proposed hours of operation: Type of Business: C, . )(54 T L t i- -to)7 u+ gy53 Z a pa ?AI +b 1=3 � pm Ice CR,�Af"— VAN Goods or services to be offered for sale: p� Q' ?1: 40 etc) C C �✓�' HAVE YOU EVER BEEN CONVICTED OF ANYTHING OTHER THAN A TRAFFIC VIOLATION? Tyr no O yes (if yes, please attach explanation) • THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. I/WE `mil• Al. Litx+01 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 CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. I/WE AGE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. I/WE UNDERSTAND THAT I/WE ARE SUBJECT TO A BACKGROUND CHECK PRIOR ISSUAN F HIS ENSE. : HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY Signature of Applicant State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this 1 day of NOTARY PUBLIC N _17_I Date Iiisaluilbidamdaavaidamia BETH JOSEPH Notary Public ; 3 �a �� State of Utah '., '!- Comm. No. 606925 1 "" My Comm. Expires Aup It 2015 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 50 of 109 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MoAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: 141A-17WPL.02- VJ • ( i f 5Oupsy '❑ YES No ❑ YES LN No 4ruzlwam DATE: A• NAME OF APPLICANT: CiessfA L L 44 4-o,u PHONE: ta a/ s - BC�Il.0 v APPLICANTS MAILING ADDRESS: 1' JY J �o -�Aq CITY: Tj� 17 STATE: LAZIP: 8 l 1 BUSINESS NAME: C., Ice, GP-eA-r-) BUSINESS LOCATION: 1 i q Loo 1,t) -14; c: i I i` -01(4-L W1- 6I/53 Z ,/Ni ZONE: 1414 . ?maw. . Lod I 6 v v e / 1; 0)1 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: L Ce C --edA i V AI--1 , ?k,Tfi-eic 03 0 L. eiGL. Gt eiiv-ri Page 51 of 109 06116/05 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: INSPECTIONS REQUIRED FOR AN EXISTING MOVED -ON STRUCTURE PERMIT WITH MUTIPLE DATES THAT ARE NOT CONSECUTIVE. EFFECTIVE DATE(S): ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: /U C L.� Ptdl tt,- L 7 App! BUSINESS NAME: CC�� BUSINESS ADDRESS: / ( / N OWNERS NAME: o-o C--?- y LS'ItfiL //iXfe-"l (� TYPE OF BUSINESS (EXPLAIN IN DETAIL): �� �I�/ � C_ C C (`Q-A 0/1 TA•c_Ke,,5a..,) C-Q. C 2 e /--67/1 BUSINESS PHONE: OWNERS PHONE 1./Air , L /.1 f y Sel l / N3 THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 2-1344/1345 125 EAST ENTER INSPECTION EQUIRED: / ❑ YES NO OfGNATURE REQUIRED) IF YES, DATE OF\$PECTION APPROVED ❑ DISAPPROVED ❑ REASON: ; SIGNATURE FIRE INSPECTOR (435) 2 9-5557 45 SOUT 100 EAST INSPECTIO REQUIFjiED: ❑ YES ❑ tjl0 (SIGNATURE REQUIRED) IF YES, DATE NSPECTION APPROVED 6 DISA REASON: PROVED ❑ SIGNATURE J HEALTH INSPECTOR (435)259-5602 471 SOUTH MAIN INSPECTION REQU13 ❑ YES 0 (SIGNATURE REQUIRED) IF YES, DATE OF IN.$PECTION APPROVE DISAPPROVED ❑ REASON: Page 52 of 109 02 /2 04 S-7 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:04/18/2012 MCPD-MEMO-12-04-02 To: City Council From: NaVarre A request for a class II beer license was received from Scott A McFarland d.b.a. Cabo Grill located at 396 so. Main St. There are no proximity issues concerning this license. On 04/18/2012 I spoke with Rob Hansen at the Division of Alcohol and Beverage Control, he stated to me that he had not received an application from this business to this date. I inquired if a temporary beer license could be granted by Moab City council. He said that the Moab city council cannot grant a temporary beer license for an, (on premise consumption) class II. The Moab City Council may approve a beer license but the applicant cannot dispense alcohol until the D.A.B.C. has received, reviewed and approved the application. I recommend that a beer license be granted to Scott McFarland d.b.a. Cabo Grill pending the results of D.A.B.C. approval. Thanks Page 53 of 109 DATE PAID: AMOUNT PAID: RECEIPT NO.: 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 Moo APPLICANT'S PERSONAL INFORMATION FULL NAME: -3COA± A- vkc._�C„( HOME ADDRESS: 115 141 ` SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: / (AT CITY: HOME PHONE: y j-.9,ao-6 i O X I V oc,b STATE: V( ( ZIP: s-t-{ 5 -2j,a DATE OF BIRTH: BUSINESS INFORMATION BUSINESS NAME: C rA,1ap C-t BUSINESS ADDRESS: .39 („2 S iv\0i;‘,, BUSINESS MAILING ADDRESS: "tiq S MCn;y� CITY: nAQcklo SALES TAX ID #: BUSINESS PHONE: 435- 215q - cos os STATE: ar ZIP: 2y5 3 P- 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 1. 2. ❑ CLASS I '# CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 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)? ft NO ❑ YES (Requires `Local Consent' approved by City Council prior to State approval.) List brands of beer proposed to be sold by the applicant within the City of Moab: COroing1 V6LAct“Je; N...c41i31/4-� rza,vvis tAoab Brsuw.oxtir r)oS X.K/ *Beer application is for 3.2% by weight only. Also requires a State license. 02/07/05 Page 54 of 109 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. icant's Signature STATE OF UTAH COUNTY OF GRAND , being first duly sworn, on his/her oath deposes and says: That he/she 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 1 I day of J pirNi I , 50Q. Page 55 of 109 BEER ONLY RESTAURANT LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 m o a.b , [0/City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a beer only restaurant license to: Business Name (DBA): (46,0 e F—U-LL Applicant Entity/Business Owner: �5 C"o77.--Wc��02.6‘4,.,X7 `kt. Location Address: -?967 5c i--tt-4( aiii f Wong, Lc7-- Authorized Signature Name/Title Date 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 1.)� C,� _ i ) Name/Title A a� Date 1' This is a suggested format. A locally produced city, town, or county 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 DABC RE 1/2012 Page 56 of 109 City of Moab Planning and Zoning Department Correspondence PL-12-52 April 17, 2012 Memo To: Honorable Mayor and Members of Council From: Jeff Reinhart, City Planner Subject: Approval of Draft Ordinance #2012-05 to Amend Title 17.09.531, Conditional Uses, with the removal of Secondary Dwellings from the Matrix and Conditions for Approval and Using Reserved Code Chapter 17.69 to Create an Administrative Review and Approval of Secondary Dwellings as well as Redefining the Structure and Location on the Property, as Referred to Council by the Planning Commission Background Ordinance 2010-13 effectively grouped all of the conditional uses into a single section of the code. Section 17.09.530, Conditional Use Permits identifies those uses that are considered conditional and establishes specific conditions that must be met for each of the uses. This has made it easier to administer. While staff has responded to many questions for secondary dwellings, interest in the use has been curtailed because of the regulatory process currently in place in the code. The original intent of the provision allowing these accessory uses was to provide additional housing stock for affordable housing but the conditional use process and the public hearings involved act as a barrier to development of this use. The use is conditionally allowed in the residential zones that currently allow multi -family development. The Planning Commission held a public hearing on April 12, 2012 to allow public comment on this proposed code amendment. The Commission voted 5-0 to favorably recommend the ordinance to Council. Process The process for text 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 Page 57 of 109 P1-12-52 Moab City Council Ordinance #2012-05 Secondary Dwellings April 17, 2012 Page 2 of 3 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) Discussion Because there are specific conditions that must be met for secondary dwellings, construction of these structures could be reviewed by staff as simple building permits. The attached draft ordinance suggests this as a viable alternative to the current process. In addition, changes in the design requirements for this use type have been incorporated into the attached ordinance that are based on comments received from the public during the affordable housing workshops held by the Planning Commission. The changes will allow more development options when residents explore construction of a use that will provide housing opportunities and additional income to property owners. Basis During the workshops, the Commission listened to numerous remarks about the allowed maximum size of the secondary dwellings and recommend that the area of the dwelling be increased to 1,000 square feet. The attendees who spoke about this subject felt that a structure of 700 square feet was just too small to house a family of three persons. Placement of the secondary dwelling on the property was also an issue with many of those speaking in favor of changes to the code. The Commission has recommended that the acceptable locations be broadened to include having the secondary dwelling front the street just like any other home. The setbacks will be met and concerns over future division of property will be addressed. An additional exception to the required location of the secondary dwelling on the property concerns older structures on large tracts that at one time served as the principal dwelling. There are a few scattered lots that had an older and small home constructed toward the front of the lot. Property owners are reluctant to tear down these historic buildings because they can continue to provide a housing stock option that can be affordable. The Commission felt that the use of these older and sound structures as affordable housing was something to be conserved. The required ownership and occupancy of the principal structure by the property owner was exhaustingly discussed. A point that was made focused on the potential death of a lot owner that has a secondary dwelling. If the heirs did not want the property or would/could not live in the principal structure, with the current code language, the City would find itself in the unenviable position of forcing a resident from a secondary dwelling. The issue is magnified by heirs who do not live, and do not want Page 58 of 109 PL-12-52 Moab City Council Ordinance #2012-05 Secondary Dwellings April 17, 2012 to live, in Moab. The mandatory occupancy of the principal structure by the owner in the deed restriction has also been removed. The requirement that it will not be used for short term rentals remains intact. Page 3 of 3 Secondary dwellings above garages may exceed the 1,000 square foot limit but be no larger than the ground floor of a garage. The garage structure is already there as a secondary use and the building code will dictate the proper construction techniques that shall be used for the dwelling. Currently, the only zone that does not allow the use of secondary dwelling is the R-1; the zone that could most readily provide for them because of the required minimum lot size. Secondary dwellings were prohibited from being constructed on the 10,000 square foot lots of the R-1 Zone, but this amendment will allow them as long as specific criteria are met. Summary The new language will: 1. Allow an increase in the maximum size of the secondary use from 700 square feet to 1,000 square feet; 2. Allow the front of the secondary dwelling to be placed equal with the front plane of the principal structure if the zoning regulations for setbacks and building code separations between structures can be met; 3. Allow an additional exception for properties with older small homes that originally served as principal dwellings, and were constructed toward the fronts of the properties on which they stand; 4. Allow persons to own a property with a secondary dwelling on it and not live in the principal structure; 5. Remove the requirement of property ownership and occupancy from the language of the deed restriction; 6. A secondary dwelling to be constructed above a garage and consist of the same floor area as long as it does not protrude beyond any ground floor wall and shall not consist of more than one story above the ground floor so it will not exceed twenty (20) feet in height; 7. Property owners of land in the R-1 Zone to construct a secondary dwelling if the lot consisted of an area that would allow additional subdivision. This amount is equal to 20,000 square feet or double the minimum lot size for the R-1 Zone. 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\p1-12-52 cc secondary dwelling changes.docx Page 59 of 109 0 The SDU shall be permitted as a second dwelling unit added to, created within, or detached from the original dwelling. The SDU shall be oriented in a wav that maintains, to the extent practical, the privacy of residents in adioining dwellings. Sections: 17.69.010 Purpose 17.69.020 General Standards 17.69.030 Criteria for approval 17.69.040 Enforcement -revocation 17.69.010 Purpose. (3) Secondary Dwelling Unit. Secondary dwelling units are encouraged as dwellings for sane er--twe-persons to increase hner-easing affordable housing opportunities in the R-2, R-3, R-41 and RA-1 residential zones, They shall be allowed in the R-1 Zone on lots sufficient in size to allow further subdivision will benefit the community in its entirety. 17.69.020 General Standards. A. The following provisions are intended to facilitate secondary dwellings while minimizing land use conflicts and environmental degradation: 1. Secondary dwellings shall not occupy more than twenty-five percent of anytlie rear or side yard. 2. The front yard setback for a secondary dwelling shall be sethaek at least equal t the planerear of the front wall of the principal structure and/or adhere to the required setbacks of the underlying zone. 3. Any request for secondary living quarters within residential zones shall be reviewed for compliance with the standards in this chapter and approved by city staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permitarml-apptevedyke 4, A secondary dwelling shall not be constructed prior to the principal structure. 5. A secondary dwelling may be constructed above a garage and consist of the same floor area provided that it shall not protrude beyond any ground floor wall and shall not consist of more than one story above the ground floor. The overall structure shall not exceed twenty (20) feet in height. 17.69.030 Criteria for approval. B. The following criteria must be established prior to building permit issuance: Page 60 of 109 1. Size. The maximum size for secondary living quarters shall be no more than one thousandseveN heftE Med square feet with no more than three bedroomsene-bedfeeni. 2. Parking. One on -site parking space shall be provided in addition to the underlying parking requirement. The parking space may be provided in tandem if the existing driveway length exceeds thirty-five feet as measured from the property line. f ent setb eL e 3. Secondary Dwellings Per Lot. No more than one secondary dwelling may be located on a lot. 4. Property to Remain Undivided. Properties with secondary dwelling permits shall remain recorded as one lot. 5. Maximum Occupancy. The maximum occupancy of the secondary dwelling-shall-be-fie-Fner-e-than-twOE- 5. Subdivision 6. No Separate Leases. The owner of property . The secondary dwelling shall not be sold separately unless the secondary dwelling occupies an area of adequate size to meet the lot area and all other requirements of the zone. 67. Deed Restriction. A deed restriction must be filed with the county recorder which states: -A permit for a secondary dwelling was issued to , the current owner of this property on invalidated 1... th .,..le e" tr- sf " e f-th s e ft-y D"espeet "el 1, ld 1. maya .+1., to the 121-a ...;.... Depa t.ti.e«* f r e e nd.,".. snit If al f tl. .7 YY .1 b rra.0 �aaavaaa. ava f granted. The owner shall strictly adhere to the prohibition of the use of the secondary dwelling as nightly or short-term rental_7 78. Nightly Rentals. Secondary dwellings are intended for long-term rental of six consecutive months or more, to the same individual, and may not be used for nightly rentals. 17.69.040 Enforcement -revocation of permit. C. The permit for secondary dwellings may be subject to a yearly review by the «,...:b ,..........s....,,..,.. ...eae::.:.' sa...a.:,.eeui via . e Page 61 of 109 The zoning administrator may revoke the secondary dwelling permit for noncompliance with the criteria of this chapter. The permittee may appeal the determination to the appeal authority, which will evaluate the zoning administrator's determination of noncompliance and decide if the permit revocation should occur. AND, FURTHERMORE, Code chapter 17.45.020 shall be amended with a new use to read "K. Secondary dwelling units as per code chapter 17.96." AND, Code chapter 17.48.020 shall be amended with a new use to read "O. Secondary dwelling units as per code chapter 17.96." AND, Code chapter 17.51.020 shall be amended with a new use to read "U. Secondary dwelling units as per code chapter 17.96." AND, Code chapter 17.54.020 shall be amended with a new use to read "P. Secondary dwelling units as per chapter 17.96." AND, Code chapter 17.42.020 shall be amended with a new use to read "I. Secondary dwelling units as per chapter 17.96." AND, the table in Code Chapter 17.09.530, Conditional use permits, is amended with the removal of conditional use number 3, Secondary dwelling unit from the table. AND, Code Chapter 17.09.531, Conditions for approval of specific conditional uses, Subsection C, is hereby amended with the removal of the text in conditions, A, B, and C. Page 62 of 109 DRAFT ORDINANCE #2012-05 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.00, ZONING, AND SPECIFICALLY AMENDING CHAPTER 17.09.531 (3), CONDITIONS FOR APPROVAL OF SPECIFIC CONDITIONAL USES, BY REMOVING SECONDARY DWELLINGS FROM CONDITIONAL USES AND REQUIRING AN ADMINISTRATIVE REVIEW AND APPROVAL TO BE ESTABLISHED IN CHAPTER 17.69 WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Title 17.00 of the Moab Municipal Code; and WHEREAS, the Commission found that the proposed changes to Chapter 17.09.531, would benefit the Residents of the City of Moab; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-05 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-05 in a regularly scheduled public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Title 17.00 of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-05 is adopted to amend the Municipal Code with the following text: Chapter 17.09.531, Conditions for approval of specific conditional uses, subsection C. Secondary Dwelling Unit, shall be amended with the repeal of the use of secondary dwelling units from conditional use status and the use "Secondary Dwelling Unit" shall be removed from the table in chapter 17.09.530, subsection B, Conditional Use Matrix. The remaining uses shall be renumbered to reflect the removal of "secondary dwelling units". AND, Chapter 17.69, Secondary Dwelling Unit, shall now read: 17.69 Secondary Dwelling Unit (SDU) The SDU shall be permitted as a second dwelling unit added to, created within, or detached from the original Page 63 of 109 �� l DRAFT dwelling. The SDU shall be oriented in a way that maintains, to the extent practical, the privacy of residents in adjoining dwellings. Sections: 17.69.010 Purpose 17.69.020 General Standards 17.69.030 Criteria for approval 17.69.040 Enforcement -revocation 17.69.010 Purpose. Secondary dwelling units are encouraged as dwellings for persons to increase affordable housing opportunities in the R-2, R-3, R-4, and RA-1 residential zones. They shall be allowed in the R-1 Zone on lots sufficient in size to allow further subdivision. 17.69.020 General Standards. The following provisions are intended to facilitate secondary dwellings while minimizing land use conflicts and environmental degradation: 1. Secondary dwellings shall not occupy more than twenty-five percent of any rear or side yard. 2. The front yard setback for a secondary dwelling shall be at least equal to the plane of the front wall of the principal structure and/or adhere to the required setbacks of the underlying zone. a. Exception. Where pre-existing structures meet the development standards of Title 17.69, the original structure may be designated as the secondary dwelling. 3. Any request for secondary living quarters within residential zones shall be reviewed for compliance with the standards in this chapter and approved by city staff. A letter of compliance shall be issued to the applicant by the Zoning Administrator prior to issuance of a building permit. 4. A secondary dwelling shall not be constructed prior to the principal structure. 5. A secondary dwelling may be constructed above a garage and consist of the same floor area provided that it shall not protrude beyond any ground floor wall and shall not consist of more than one story above the ground floor. The overall structure shall not exceed twenty (20) feet in height. 17.69.030 Criteria for approval. The following criteria must be established prior to building permit issuance: 1. Size. The maximum size for secondary living quarters shall be no more than one thousand square feet with no more than three bedrooms. 2. Parking. One on -site parking space shall be provided in addition to the underlying parking requirement. The parking space may be provided in tandem if Page 64 of 109 DRAFT the existing driveway length exceeds thirty-five feet as measured from the property line. 3. Secondary Dwellings Per Lot. No more than one secondary dwelling may be located on a lot. 4. Property to Remain Undivided. Properties with secondary dwelling permits shall remain recorded as one lot. 5. Subdivision of property. The secondary dwelling shall not be sold separately unless the secondary dwelling occupies an area of adequate size to meet the lot area and all other requirements of the zone. 6. Deed Restriction. A deed restriction must be filed with the county recorder which states: "A permit for a secondary dwelling was issued to , the current owner of this property on . The owner shall strictly adhere to the prohibition of the use of the secondary dwelling as nightly or short-term rental." 7. Nightly Rentals. Secondary dwellings are intended for long-term rental of six consecutive months or more, to the same individual, and may not be used for nightly rentals. 17.69.040 Enforcement -revocation of permit. The zoning administrator may revoke the secondary dwelling permit for noncompliance with the criteria of this chapter. The permittee may appeal the determination to the appeal authority, which will evaluate the zoning administrator's determination of noncompliance and decide if the permit revocation should occur. AND, FURTHERMORE, Code chapter 17.45.020 shall be amended with a new use to read "K. Secondary dwelling units as per code chapter 17.96." AND, Code chapter 17.48.020 shall be amended with a new use to read "O. Secondary dwelling units as per code chapter 17.96." AND, Code chapter 17.51.020 shall be amended with a new use to read "U. Secondary dwelling units as per code chapter 17.96." AND, Code chapter 17.54.020 shall be amended with a new use to read "P. Secondary dwelling units as per chapter 17.96." AND, Code chapter 17.42.020 shall be amended with a new use to read "I. Secondary dwelling units as per chapter 17.96." AND, the table in Code Chapter 17.09.530, Conditional use permits, is amended with the removal of conditional use number 3, Secondary dwelling unit from the table. AND, Code Chapter 17.09.531, Conditions for approval of specific conditional uses, Subsection C, is hereby amended with the removal of the text in conditions, A, B, and C. Page 65 of 109 DRAFT IN El-PECT, IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2012. ATTEST: Rachel E. Stenta, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department \2012\draft 2012 ordinances\secondary dwelling unit.docx Page 66 of 109 City of Moab Planning and Zoning Department Correspondence PL-12-53 April 17, 2012 Memo To: Honorable Mayor and Members of Council From: Jeff Reinhart, City Planner Subject: Approval of Draft Ordinance #2012-06 to Amend Title 17.09.220, Off-street parking and loading -Number of spaces, by Changing the Language for On -Street Parking Exceptions in the C-3 Central Commercial Zone, as Referred to Council by the Planning Commission Background Currently, code Section 17.09.220, Q and R read that special exceptions to the off street parking regulations can be allowed by the Planning Commission when an applicant can provide proof in the guise of reports, studies, or other methods. Subsection R additionally restricts the parking time to a period of less than one hour for all of the C-3 Zone. This restriction cannot be enforced. The Planning and Zoning and Police Department do not have the staff or the equipment to uphold this code provision. The reasons behind this existing language are laudable. In central business areas where the shop owners rely on foot traffic, there is a need to have a constant turnover of customers. But, there is a large body of supporting studies that show how free, long term parking, actually hurts the retailers it was believed to help. A time limit on the parking is reasonable in the heart of the central business area as a stimulant for retail sales. However, in the absence of enforcement, the provision means nothing. Mechanical means have come a long way from the old coin slot meters and now credit cards and electronic sensors can automatically charge the parking public. Meter readers are still widely used but require additional budgeting for personnel and equipment. The Planning Commission held a public hearing on April 12, 2012 to allow public comment on this proposed code amendment. The Commission voted 5-0 to favorably recommend the ordinance to Council. Removing the time limit of less than one hour may encourage more development on streets east and west of Main and strengthen the core businesses on Main Street. Process The process for text 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 Page 67 of 109 PL-12-53 Moab City Council Ordinance #2012-06 On -street Parking Exceptions April 17, 2012 Page 2 of 3 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, `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." (1 7.04.1 00 C) Discussion 17.09.220, Off-street parking and loading -Number of spaces, paragraph R, affects all of the C-3 Zone. The existing requirements are that the applicant may count the on -street spaces toward the off-street requirements of a development if: 1. It can be demonstrated that on -street spaces are reasonably available for short (less than one hour) periods of time; 2. The spaces front the development; 3. The spaces can be located farther than thirty feet of an intersection; 4. The public works director and zoning administrator can satisfactorily address visibility and safety concerns. The changes in the text will: 1. Still require the short term provision for C-3 development on Main Street; 2. Allow development in the C-3 but off of Main Street to apply for an on -street parking exception without time limits other than those imposed by other code sections; 3. Allow the planning commission to grant exceptions without a time limit for development of properties in the C-3 not located on Main Street. The applicant must still provide evidence that the exception, if granted, is a minimum exception that will not alter the essential character of the neighborhood. The use of the studies and reports mentioned in subsection Ct, 1-3 must be provided by the applicant for review by the planning commission. In all cases, the spaces shall be in front of the development but posting the spaces as designated parking for that specific business is prohibited. 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. Page 68 of 109 PL-12-53 Moab City Council Ordinance #2012-06 On -street Parking Exceptions April 17, 2012 Existing Code Language. 17.09.220 Off-street parking and loading -Number of spaces. Q. Page 3 of 3 Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. p:\planning department \2012\correspondence\p1-12-53 cc parking exceptions.docx Page 69 of 109 6 - 1 D R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. demen t«.,te that a street p «king : „abl,.., .,:table Fe« sL,an e«t e L,e„«\ par- i . Cpac-es shag F ent the .le„elepi a„t and sh ll .,et be lee t .1 Vllli 11V lAl f tlG{111112 1. For properties located on Main Street, the applicant shall demonstrate that on - street parking is reasonably available for short-term parking. 2. For properties not located on Main Street, and in all other commercial zones, the planning commission shall have the power to decide an exception to the number of required off-street parking spaces without a time limit, where the applicant can provide evidence that the exception, if granted, is a minimum exception that will afford relief and is the least modification possible of the provisions of this code which are in question. The exception, if granted, shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent properties. The use of studies and reports as indicated in subsection Q, 1-3, above shall be provided by the applicant for review by the planning commission. Issuance of an exception is a discretionary act and may not be approved. 3. In all cases, the spaces shall be in front of the development. However, posting the spaces as designated parking for that specific business is prohibited. Parking spaces shall not be located within thirty feet of an intersection and the public works director and zoning administrator shall address visibility and safety concerns. Page 70 of 109 DRAFT ORDINANCE #2012-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.09.220, OFF-STREET PARKING AND LOADING REQUIREMENTS AND CLARIFYING THE APPLICATION OF THE EXCEPTION TO THE OFF-STREET PARKING REGULATIONS IN COMMERCIAL ZONES WHEREAS, the City Council ("Council') adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City of Moab Planning Commission ("Commission') in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and WHEREAS, the Commission found that the proposed changes to said chapter would benefit commercial development in Moab City; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-06 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-06 in a duly advertised public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Moab Municipal Code Chapter 17.09.220; and, WHEREAS, Council agrees with the Planning Commission and found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-06 is hereby adopted to amend the Municipal Code as follows: 17.09.220 Off-street parking and loading -Number of spaces. THAT READS: R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. IS AMENDED AND SHALL NOW READ: Page 71 of 109 DRAFT R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. 1. For properties located on Main Street, the applicant shall demonstrate that on - street parking is reasonably available for short-term parking. 2. For properties not located on Main Street, and in all other commercial zones, the planning commission shall have the power to decide an exception to the number of required off-street parking spaces without a time limit, where the applicant can provide evidence that the exception, if granted, is a minimum exception that will afford relief and is the least modification possible of the provisions of this code which are in question. The exception, if granted, shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent properties. The use of studies and reports as indicated in subsection Q, 1-3, above shall be provided by the applicant for review by the planning commission. Issuance of an exception is a discretionary act and may not be approved. 3. In all cases, the spaces shall be in front of the development. However, posting the spaces as designated parking for that specific business is prohibited. Parking spaces shall not be located within thirty feet of an intersection and the public works director and zoning administrator shall address visibility and safety concerns. Passed and adopted by action of the Governing Body of the City of Moab in open session this to day of , 2012. City of Moab Mayor David L. Sakrison Attest: Rachel E. Stenta City Recorder p:\planning department \2012\ordinances\ord 2012-06 off street parking exc.docx Page 72 of 109 Memo To: From: Subject: City of Moab Planning and Zoning Department Correspondence Pi-12-5fi April 19, 2012 Honorable Mayor and Members of Council Jeff Reinhart, City Planner <72 Approval of Draft Ordinance #2012-07 Amending Portions of the Supplementary Regulations for Large Scale Retail Developments over Thirty Thousand Square Feet, as Referred to Council by the Planning Commission Background Code Sections 17.80.050 through 17.80.080 contain the required site design requirements for Retail development that consist of structures exceeding 30,000 square feet in size. Council adopted this code section on February 26, 2008. The ordinance had gone through numerous revisions and one of the deleted items was a provision that allowed the Planning Commission to have the flexibility for some limited options in approving the landscaping and the parking during review of the site plan. However, there were no standards for the Planning Commission to follow. Ordinance #2012-07 does several things in addition to establishing measurable criteria that the Commission can use in evaluating these site plans. 1. It allows for more front parking if landscaping and screening of parking areas is provided. Screening also specifically includes building on "out lots" around the perimeter of the parking area, 2. Provides options for developers to apply that also increase front parking in the guise of bio- retention areas and green roofing designs to help contain and pre -treat storm water runoff; 3. Requires a greater level of landscaping; 4. Requires a convenient location for parking of bikes; 5. Requires a higher level of pedestrian safety; 6. Provides for the screening of roof top HVAC units from adjacent properties; 7. Allows the development to be more flexible, sustainable, and negotiable. Process The process for text 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. Page 73 of 109 S A I PL-12-56 Moab City Council Ordinance #2012-07 Large Scale Retail- Parking and landscaping April 19, 2012 Page 2 of 2 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... 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) Discussion It is worthy to note that not all of the changes noted in the draft that has the highlight/strikeout function are actually language changes. There are entire subsections that were relocated to be more in line with specific topics and show as changes in their new locations. The Planning Commission has considered this amendment for many months and the proposed changes are reflected in this draft. 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. pAplanning department \2012\correspondence\p1-12-54 cc side yard carports.docx Page 74 of 109 ORDINANCE #2012-07 AN ORDINANCE TO AMEND TITLE 17.80.050 OF THE MOAB LAND USE CODE, BY AMENDING A PORTION OF THE'�dM c SCn.' E ��Tei� nzuc� nnsa�w�T REGULATIONSSUPPLEMENTARY REGULATIONS FOR LARGE SCALE RETAIL DEVELOPMENTS OVER THIRTY THOUSAND SQUARE FEET, -FOR PARKING AND LANDSCAPING WHEREAS, the City of Moab ("Citnadopted 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, the City of Moab ("City') adopted Chapter 17.80, Supplementary Regulations for Large Scale Retail Developments Over Thirty Thousand Square Feet, to guide the construction of large scale retail development within the City of Moab; and WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that the existing parking and landscaping regulations were insufficient to generate the appropriate aesthetics for large areas of hard surfaced parking areas; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on , 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 , 2012; and, NOW, THEREFORE, Council hereby declares and ordains that the following changes shall be made to Chapter 17.80.050, et al as amended below: 17.80.050 Site design. Large scale retail developments as defined by this Chapter 17.09. In addition, the following provisions shall apply: A. Building Size. New retail establishments shall not exceed two hundred thousand gross square feet as a single tenant or combination of tenants in a single structure. Remodels and/or expansions of existing building shall not result in retail establishments exceeding two hundred thousand square feet as a single tenant or combination of tenants in a single structure. B. Building Height. New retail establishments and remodels and/or expansions of existing buildings in excess of thirty thousand gross square feet shall not exceed Page 1 of 16 Page 75 of 109 forty feet in height. C. Parking-Let$tientatiee. These regulations are intended to: i. Reduce the "heat island effect" of the parking surface ii. Encourage natural on -site processing of stormwater through landscape features designed to slow and filter polluted runoff iii. Encourage groundwater recharge and/or reuse iv. Reduce the overall scale of paved surfaces v. Minimize the utilitarian visual impact vi. Enhance Pedestrian safety 1. Lot Orientation. Parking areas shall provide safe, convenient, and efficient access for all types of vehicles, public transit, all alternative forms of travel, and pedestrians. They should be distributed around larger buildings in order to shorten distances to other buildings and public sidewalks and to reduce the overall scale of the paved surface, and provide shared parking between businesses. Bike racks shall be located in well -lighted areas and placed in locations that are visible from store entrances and parking areas. 2. Parking areas shall be planned as an accessory to the buildings they serve to achieve a high quality design and appearance. The parking area's utilitarian appearance should be minimizedfreducedl by utilizing effective landscaping, street furniture and other public amenities. 3. Parking lots should be designed to avoid causing erosion damage to grading and surrounding landscaping. Whenever possible, permeable paving systems shall be evaluated and utilized especially for overflow and employee parking areas. To reduce impervious surfaces, one- way drive aisles shall be incorporated into the design to the greatest extent possible. 4. Parking lots shall incorporate methods for stormwater management utilizing low impact development (LID) techniques including, but not limited to: a. End -of -island bioretention cell(s) with underdrain(s) and landscaping; b. Bioretention cells or biofiltration swales located around the parking perimeters c. Breached Curb drainage inlets (or curb cuts) in the end -of -island bioretention cells and bioretention strips to collect runoff. d. Bioretention cells can be installed between lines of parking stalls to increase the total treatment surface area of these systems. 5. Parking and vehicular circulation. Parking facilities shall be recognized as transitional spaces where users change modes of travel, from car, bus, or bicycle to pedestrian. The design of those spaces shall therefore safely and attractively serve all modes, and provide safe walkways for pedestrian. 6. Surface parking. No single parking area shall exceed 150 feet unless divided into two or more sub -areas by a building, internal landscaped street, or landscaped pedestrian way. 7. Parking lots shall be configured and designed to reduce the overall mass of paved surfaces. No more than seventy percent (70% ) of the required or proposed off-street parking area for the entire property shall be located between the front (street adjacent) facade within the front yard of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lots are screened from view by secondary development (such as restaurants), additional tree plantings, other landscaping, berms or screening. The planning commission shall Page 2 of 16 Page 76 of 109 approve all proposed screentne and increases in parking according to the requirements listed herein. 8. No overnight camping shall be permitted in parking facilities authorized pursuant to Moab Municipal Code Chapters 8.20 and 10.04.230. The applicant shall post and enforce policies to ensure compliance with this provision. D. Paving and circulation requirements. 1. All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or pavers surfacing except in employee and overflow parking areas where the use of gravel or other pervious surface material may be approved by the Planning Commission. The utilization of pavers or other approved pervious materials to provide for additional parking during times of high volume traffic is encouraged. 2. All areas within the arkin area not used for arkin stalls or maneuverin = areas shall be landscaped. 3. Parking areas shall be designed to enable a car entering the parking area to move from one location to any other location within the parking area or premises without entering a street. F Parking Sub -areas. Unbroken rows of parking spaces shall not exceed 16 SPACES unless divided into two or more sub -areas by a building, internal landscaped street, significant planted dividers or islands or a landscaped pedestrian way. All islands shall be landscaped. G. Number of Parkine Spaces. The number of parking spaces provided shall be one space for every two hundred (200) square feet of retail space. The Planning Commission shall have the authority to grant bonuses to the required number of parking spaces, provided that any additional bonuses may be granted by the Planning Commission upon approval of the landscape plan or if alternative energy is incorporated into the lighting and/or shading of the parking lot. Parking bonuses may be approved by the Planning Commission as allowed in Subsection H. H. Parking bonuses. The Commission shall use the following standards when evaluating the landscape design and granting parking bonuses. 1. Additional shade coverage exceeding the 50% requirement by 15% may allow up to a 10% parking area increases. 2. The use of solar energy panels for lighting and/or shade structures shall allow additional parking bonuses of 10% based on a 15% solar panel coverage of the parking area. 3. Other valid options for bonuses as proposed by the contractor and approved by the Planning Commission may be used in lieu of the increases in shade or solar panels if the Page 3 of 16 Formatted: Font: (Default) Times New Roman Formatted: Font: Bold Page 77 of 109 intent of the regulations are met or exceeded. Such options shall include solar panels located on the roofs of structures and green roofs used to absorb water runoff from principal uses. I. Storm Water Systems. Storm water system design shall emphasize water quality treatment and ground water recharge. The site storm water system shall capture all site runoff, provide water quality treatment through the use of appropriate structural BMPs, and discharge the storm r'* n water to the public storm water system at a rate that does not exceed the pre -developed rate for the project site for the ten-year and one hundred -year storm events. In the event that the property cannot drain to the public storm water system, storm water may be discharged onto or across adjacent properties provided that easements permitting such use are executed with the respective landowners. Required additional storm water conveyance systems shall be subject to approval by the city and shall be constructed at the applicant's cost. RIBBON CURB STANDARD CURB AND GUTTER 61 Rear and Side Facades. Side and rear facades shall adhere to the requirements outlined in subsection 17.80.040(A) of this chapter. Architectural and landscaping features should mitigate to the maximum extent practicable the impacts of blank walls, loading areas, storage areas, HVAC units, garbage receptacles and other accessory features. 1. The minimum setback for any building facade shall be twenty-five feet. Where the facade faces adjacent residential zones an earthen berm shall be installed, no less than six feet in height, containing at a minimum, a double row of evergreen or deciduous trees planted at intervals of twenty feet trunk to trunk. Additional landscaping may be required by the planning commission to effectively buffer adjacent land use as deemed appropriate. All additional landscape requirements of the Landscape Ordinance shall apply. 1(14. Outdoor Storage, Trash Collection, and Loading Areas. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, shall be screened from view of adjacent public or private rights -of -way or neighboring properties. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than forty feet apart, or on those sides of Page 4 of 16 Page 78 of 109 buildings that do not have customer entrances. 1. Areas for outdoor storage, truck parking, trash collection or compaction, utility meters, HVAC equipment or other such equipment, similar uses, and similar service functions shall be screened from view from adjacent public or private rights -of -way or neighboring properties. Materials, colors, and designs of screening walls, fences and covers shall conform to those used as predominant materials, colors and designs of the building. Areas for outdoor storage, trash collection or compaction, loading, or other such uses shall not be located within thirty feet of any public street, public sidewalk, or internal pedestrian way. 2. Delivery and loading operations shall conform to Chapter 17.74, Noise. 3. Delivery and loading areas shall be substantially set back from a residential use or residentially zoned property that is adjacent to the site. A landscape buffer, or other approved buffering, of at least thirty feet in width shall be provided adjacent to the delivery and loading area where it adjoins residential uses or zones. The landscape buffer shall include evergreen shrubs and/or trees plus deciduous canopy trees at regular intervals to provide noise, light, and visual screening. 4. If the delivery and loading spaces are located within an enclosed building or underground, no such set back and buffer area shall be required. 5. Outdoor storage of chemicals, fertilizers and other materials that pose a potential source of groundwater pollution shall be stored in a contained area that prevents leakage into the storm water system or into the groundwater. Environmental Protection Agency regulations or other regulations shall be followed. L1. Pedestrian/Bicycle Accessibility. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user- friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. 1. Sidewalks at least six feet in width shall be provided along all sides of the project site that abut a public or private right-of-way. The planning commission may waive this requirement as part of the development plan if a suitable alternative is proposed. 2. Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrances of all principal buildings on the site. At a minimum, walkways shall connect focal points of activity such as, but not limited to, parking areas, street crossings, building and store entry points, and shall Page 5 of 16 Page 79 of 109 feature landscaping as per requirements outlined in this chapter. 3. Walkways shall be provided through parking lots. A paved walkway or sidewalk must be provided for safe walking areas through parking lots greater than one hundred fifty feet in length (measured either parallel or perpendicular to the street front). Walkways shall be provided every third parking aisle, or at a distance of not less than one hundred fifty feet? between paths (which- ever is the least mere restrictive.) Such access routes through parking areas shall be separated from vehicular parking and travel lanes by use of contrasting paving materials which may be raised above the vehicular pavement. Speed tables shall not be used to satisfy this requirement. 4. Sidewalks, no less than etitkroz five feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping. 5. All intemal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored and tinted concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. 6. Public bicycle and pedestrian paths, trails, and lanes peelest fiai . fail. a minimum of ten feet in width shall be provided across the site as necessary to implement the Grand County Non - motorized Master Trails Plan as approved by the city council and in effect at the time of application. All such easement widths shall be contingent upon the type of trail proposed and may vary. Such trails shall provide connections to existing and/or future trails. Page 6 of 16 Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Romani 12 pt Page 80 of 109 ted areas from 7. Bicycle lanes or paths shall be provided from an adjacent street to bicycle parking areas near a primary entrance of structures. 8. The applicant shall provide street stub outs, trails, and sidewalks as necessary to promote efficient circulation and connectivity with adjacent developed parcels or undeveloped parcels that are likely to develop. 17.80.060 Signage. Large scale retail developments as defined by this chapter shall be required to follow the provisions of Chapter 15.44 (Sign Code). In addition, the following provisions shall apply: A. Sign Color. Sign colors shall be low reflectance, subtle, neutral, or earth tone colors. Use of high -contrast colors in all wall and monument signs is prohibited. B. Sign Types. Corporate or retail signage shall be limited to internally illuminated and channeled wall signs and monument signs. Maximum sign square footage, height and all other requirements shall be govemed by Chapter 15.44 of this code. C. All free standing signs shall be monument style: i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building and built with continuous background surface from the ground up. (Ord. 08-10 (part), 2008) 17.80.070 Landscaping. A. All planter beds and tree planters shall be bordered by a concrete curb not less than six inches in height adjacent to the parking surface except where areas of landscape are used for storm water detention. If used in this manner, all asphalt abutting landscaping shall terminate with a concrete ribbon curb 1.5 feet in width and 10 inches in thickness. B. All plants and irrigation systems shall be installed according to the landscape installation guidelines shown on the approved landscape plan. The owner shall guarantee the quality of work health and condition of plants and installation of materials including, but not limited to; plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project and issuance of a Certificate of Occupancy, the city shall inspect and certify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements and execution of a Landscape Maintenance Agreement shall be done prior to final approval by the city. In the event corrections cannot be made or installation cannot be completed prior to issuance of a certificate of occupancy, the city shall require a cash deposit equal in value to the amount of one and one-half the cost of the landscaping project. A cash deposit is returned only when the city gives final approval of the project. Page 7 of 16 Page 81 of 109 C. Landscaping shall be provided and maintained in perpetuity by the property owner. Failure to maintain shall constitute a misdemeanor and punishable as established in Code Sections 17.75, 17.78, and 12.24.160. D. Any changes to an approved landscape plan shall be reviewed and approved by the Planning Commission prior to the alteration taking place. Changes made without appropriate review and approval shall constitute a misdemeanor and punishable as established in MMC Sections 12.24.160. 17.75 and 17.78. E. Landscaping Materials and Spaces. Required landscaping shall be limited to the following materials and spaces: 1. Living ground cover; 2. Permeable, continuous non -living ground cover; 3. Living plant life other than ground cover; 4. Retained native vegetation; 5. Natural or manufactured features, including but not limited to boulders and planters; 6. Pedestrian ways; and 7. Public spaces. F. Landscaping Materials and Design Mix. Separate sections of landscaping shall be composed of the required materials in any combination as follows: 1. Living plant life other than ground cover or natural vegetation shall have a minimum coverage of five percent; 2. Living ground cover shall have a maximum coverage of eighty percent; 3. Permeable non -living ground cover shall have a maximum coverage of twenty percent; 4. Natural or manufactured features shall have a maximum coverage of fifteen percent; 5. Pedestrian ways or public spaces shall have a maximum coverage of fifty percent; G. Plant Materials and Landscape Design Standards. 1. Plants selected for landscape areas shall consist of plants that are well suited to Page 8 of 16 Page 82 of 109 the micro -climate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. 2. Turf areas shall be limited to areas with shade for at least one-half of the mid- summer day and shall not be allowed in spaces narrower than ten feet wide. Turf shall not be used in more than ten percent of total landscape area, and should be located in places where people will use it. 3. For projects located at the interface between urban areas and natural open space (nonirrigated), highly drought tolerant plants shall be selected that will blend with the native vegetation and are fire resistant or retardant. Plants with low level fuel volume or high moisture content shall be emphasized. Plants that tend to accumulate excessive amount of dead wood or debris shall be avoided. 4. Areas with a slope greater than thirty-three percent shall be landscaped with deep rooting, water conserving plants for erosion control and soil stabilization. 5. Parking strips and other landscaped areas less than eight feet wide shall be landscaped with water conserving plants. H. Irrigation Systems. I. A detailed irrigation plan shall be drawn to the same scale as the planting plan and shall contain the following information: a. Layout of irrigation system and summary legend outlining the type and size of all components of the system, including manufacture name and model number with approved equals; b. Static water pressure in pounds per square inch at the point of connection to the public water supply; c. Flow rate in gallons per minute and design operating pressure in pounds per square inch for each valve and precipitation rate in inches per hour for each valve with sprinklers; and d. Installation details for irrigation components. 2. A monthly irrigation schedule shall be prepared that covers the initial one hundred twenty -day plant establishment period and the typical long term uses period. The schedule shall consist of a table with the following information for each valve: a. Plant type (e.g., turf, trees, low water plants); b. Irrigation type (e.g., drip, bubblers, sprinklers); Page 9 of 16 Page 83 of 109 c. Flow rate in gallons per minute; d. Run time in minutes; e. Frequency of run (number of days per week); and f. Cycle time to avoid runoff. 1. Building Foundation Landscaping. A minimum of fifty percent of a fn;ade length containing a primary customer entrance shall have a foundation landscaped area extending at least six feet out from the building. All other faq;ades that can be viewed from existing public rights of way shall have foundation landscaping extending a minimum of eighty percent of the fag;ade length. J. Parking Lot Landscaping. 1. Large parking areas should be enhanced with additional landscaping. Creative site design, to include preservation of existing stands of trees and clustered landscaped areas, is encouraged over symmetrical rows of small landscaped islands. 2. To the greatest extent possible, landscape islands shall be designed so that plant material is not located on the first one (1) foot of the edge of the island, where it is most likely to be trampled by individuals exiting and entering parked vehicles. Such edge shall be mulched or paved with porous paving materials such as pavers. a. Landscaping. Parking lot landscaping is an important element in reducing reflective heating, controlling water runoff and improving the aesthetics of a site. Increasing the landscape requirements may also help in the adaptive reuse of large scale retail buildings. Landscaping shall be installed and maintained as established elsewhere in this section. b. Parking lot dividers, islands, planters and planting areas shall be a minimum of six (6) feet wide at the widest point, and six (6) feet long except that all new or retrofitted tree planters shall be a minimum of nine feet by seven feet, measured to the outside perimeter of the planter, and shall have no less than forty-eight square feet of permeable soil planting area. c. Landscaping shall be used to define parking areas, primary vehicular drives and pedestrian areas in an aesthetically and environmentally pleasing manner. d. Landscaped areas shall be distributed throughout the entire parking area as evenly as is appropriate in the design of the park -facility. 3. Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible. Page 10 of 16 Page 84 of 109 4. Landscaping shall include shrubs, trees, vines, ground covers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas. a. Tree Requirements. Off-street open parking areas shall provide fifty percent (50%) or more of shade coverage at the time of maturity of the trees. To achieve this coverage the applicant shall: 1. Design, where possible, north/south oriented parking areas to provide maximum shade, 3. Plant at least one medium or large-scale tree for every three parking stalls, 4. Utilize a diversity of tree species that have the ability to survive the climate zone. b. The minimum size tree planted shall be no less than a 1.5 inch tree measured at four (4) feet from the base of the tree and sized to specifications according to the American Standard for Nursery Stock (ANSI Z60.1) and Arizona Nursery Association Grower's standards. Low water use and "native" plant materials shall be used to the greatest extent possible. Problematic trees having shallow or invasive roots or having brittle or weak branching structure are prohibited. All trees shall be planted and maintained according to the landscaping plan detail sheet and in such a manner to maximize the growth, health and longevity of the plantings. Parking lot trees adaptable to the Spanish Valley environment shall be selected and planted according to the annronriate tree species sized for planters with various dimensions and anvroved by the Urban Forester. c. Trees shall be maintained in accordance with the Moab Municipal Code, Chapter 12.24, Tree Stewardship. Violations shall be punishable as established in Section 12.24.150 and 12.24.160. d_The interior of all vehicular use areas shall be landscaped so as to define parking isles and limit unbroken rows of parking and provide for pedestrian accessibility and safety. Ends of parking rows and comer areas shall be curbed and landscaped. (-11{. Internal Pedestrian Walkway Landscaping. All intemal pedestrian walkways, as required by this chapter, shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than fifty percent of their length. Parking Lot Trees Required. All proposed parking areas shall have shade trees planted at spacing no greater than forty feet trunk to trunk around the entire perimeter, with exception of those areas where the placement of trees would constitute a clear visual safety hazard. All landscaped islands in the interior of parking lots shall have, at a minimum, one large shade tree every forty feet. Each separate landscaped island or area shall contain a minimum of Page 11 of 16 Page 85 of 109 one hundred sixty-five square feet, shall have a minimum dimension of eight feet in any direction and shall include at least one tree. Trees shall be required within the interior planting islands of any vehicular use area exceeding four thousand five hundred square feet. 1M. Adjacent Buffer Required. A landscaped buffer of at least fifteen US/twenty feet in width shall be required along the entire edge of any parking lot or the edge of a building fagade without a primary or pedestrian oriented entrance when adjacent to a public right-of-way. The landscaped buffer shall incorporate canopy shade trees planted at a minimum of thirty feet on -center for the buffer area. N. Screenine. 1. Seventy-five percent of the lot frontage adjacent to any arterial street, exclusive of vehicular and pedestrian entrances, shall provide screening of parking areas by means of on -site buildings, landscaping, decorative walls and retaining walls, or other approved methods which may include primary structures. Additional screening of on -site parking shall be reviewed and approved by the Planning Commission. 2. Fifty percent of the lot frontage adjacent to all other streets and adjacent properties shall provide screening of on -site parking by means of on -site buildings, decorative walls, decorative retaining walls, landscaping, or other buildings and shall be reviewed and approved by the Planning Commission. 3. Lot frontage adjacent to residential uses or residential zoning districts shall provide screening of on -site parking by means of walls, landscaping, or buildings. 40. Minimum Vegetation Size. No required canopy and shade tree planting shall be less than one and one-half inch caliper, measured at breast -height, at the time of planting. Evergreen trees shall be a minimum of seven feet in height at the time of planting. KP. Installation and Maintenance. All landscape materials required by this section shall be installed in accordance with standard practices of horticultural professionals and in good and workmanlike manner and shall be maintained by the property owner in good condition. 1. All applicants for landscape plan approval shall file a maintenance schedule and a scope of maintenance work with the zoning administrator. At minimum the maintenance schedule shall include the following: a. Any damaged or dead trees, shrubs or ground cover shall be replaced promptly for the life of the building. b. Maintenance of landscaped areas shall include: i. Continuous operations of removal of weeds; ii. Mowing; trimming; edging; cultivation; Reseeding; Page 12 of 16 Page 86 of 109 iv. Plant replacement; v. Appropriate fertilization; spraying; vi. Control of pests, insects and rodents by nontoxic methods whenever possible; vii. Watering with an automatic irrigation system is required; and viii. Other operations necessary to assure normal plant growth. 2. Irrigation systems shall be maintained in good operating condition to promote the conservation of water. 3. The obligation for continuous maintenance shall be binding on the applicant for landscape plan approval, to any subsequent owners of the property, or other parties having a controlling interest in the property. (Ord. 08-10 (part), 2008) 17.80.080 Submittal requirements. A. Submittal Documents. The applicant shall submit an application form signed by the owner of the project site along with the application fee established by the city. In addition to the standard submittal requirements as outlined in this code, additional supplementary submittal requirements shall be required for developments subject to this subchapter. A site plan checklist will be provided by city planning staff. B. Engineering Plans and Studies. All drawings and reports listed in this section shall be stamped by a professional engineer holding a current license in the state of Utah. Applicant shall submit the following without exception: 1. Traffic Impact Study. A report that presents pre- and post -development traffic estimates and level of service values for all streets and intersections that will be impacted by the proposed development. 2. Water System Study. A report that presents the proposed development's fire flow and peak use requirements, and analyzes existing system capacity. 3. Storm Drainage Study. A report that presents pre- and post -development runoff flow estimates for the site, detention volume requirements, proposed BMPs, and all other information necessary to allow for review of the proposed drainage plan. 4. Exterior Lighting Plan. A detailed plan showing the location, height, and light output of all proposed lighting and the results of a computer lighting model showing the estimated luminance levels at grid points on the site and over an area extending one hundred fifty feet beyond the perimeter of the site shall be Page 13 of 16 Page 87 of 109 i submitted. The plan shall include manufacturers' cut sheets detailing the fixtures to be used. 5. Construction Drawings and Specifications. A package that at a minimum shall show site utilities, site grading, surface improvements, intemal traffic circulation, easements, and required traffic signage. 6. Title Report. The applicant shall submit an ownership and encumbrance report, abstract of title, or similar submittal disclosing all existing easements, rights -of - way, and interests affecting the project site. 7. Affected Entities. A listing by name, address, and telephone number of all persons who may be affected entities, as defined in this chapter, with respect to the project site. C. Architectural Plans and Presentations. All drawings and reports listed in this section shall be prepared by an architect or landscape architect as appropriate, holding a current Ilicense in the state of Utah. The requirements for a site plan as listed in Code Section 17.09.660 shall be followed when preparing an application for review. Applicant shall also submit the following: 1. Conceptual Drawings. The package shall, at a minimum, include the following: a. Site plan views showing building locations, parking areas with space totals, pedestrian and vehicular circulation routes, public trails and pathways, landscaped areas, and screening; b. Elevation views of all proposed buildings showing scaled architectural details, massing, height, screening of roof top units from all adjacent properties especially those lands with higher elevations, and other design features; and c. Illustrative drawings, examples, or mock-ups showing the materials, colors and typical views from adjacent public streets of all proposed buildings. d. Outdoor Lighting. 1. Lighting shall meet the requirements of Chapter 17.09.660 G and be full cut-off downward directed fixtures and no light shall be emitted beyond the project site. The applicant must provide an exterior lighting plan that quantifies light coverage upon the project site and provides information on how outdoor lighting will be accomplished to minimize impacts on adjacent properties or roadways. Page 14 of 16 Page 88 of 109 2. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard shall not be taller than light standards in surrounding neighborhood residential zones and should stair step down to a lower height when close to neighboring residential uses or residentially zoned areas. In no case shall the height of the light standards exceed twenty-five feet. Spotlights of any kind that are mounted on building walls are not permitted. 2. Signage Plan. A plan showing the location, size, height, materials, lighting methods, colors and incorporated logos of all proposed corporate and retail signage within the development. A sign permit is required under a separate application as set forth in MMC 15.44 and 17.09.470. 3. Landscape Plan. A detailed plan showing all proposed landscape treatments including planting locations and species for all planted areas; surfacing for hardscaped areas; fences, wall and/or other screening devices; and proposed irrigation systems. D. Adoptive Reuse and Renewal Plan. Applicant shall submit the following: 1. A building design plan that allows for and facilitates reuse of the building in the event the building is abandoned or vacated. 2. A building renewal plan that provides for maximum opportunity for rehabilitation or redevelopment of the structure in the event of abandonment, vacating of property, or relocation by the original occupants. The plan shall include a maintenance plan for normal repairs and upkeep of the main building, accessory buildings, "pad" buildings, parking lots and hard surfaces, landscaping, and signage, including the elimination of "ghost" signage. 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 14th day of October, 2008. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E_114seeStenta. Recorder Page 15 of 16 Page 89 of 109 p:\planning department \2012\draft 2012 ordinances\Isr parking january 2012.docz Page 16 of 16 Page 90 of 109 ORDINANCE #2012-07 AN ORDINANCE TO AMEND TITLE 17.80.050 OF THE MOAB LAND USE CODE, BY AMENDING A PORTION OF THE SUPPLEMENTARY REGULATIONS FOR LARGE SCALE RETAIL DEVELOPMENTS OVER THIRTY THOUSAND SQUARE FEET, FOR PARKING AND LANDSCAPING WHEREAS, the City of Moab ("Citnadopted 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, the City of Moab ("City') adopted Chapter 17.80, Supplementary Regulations for Large Scale Retail Developments Over Thirty Thousand Square Feet, to guide the construction of large scale retail development within the City of Moab; and WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that the existing parking and landscaping regulations were insufficient to generate the appropriate aesthetics for large areas of hard surfaced parking areas; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on April 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 meeting to review the recommendations from Staff and the Planning Commission and decide the merits of said amendment on April 24, 2012; and, NOW, THEREFORE, Council hereby declares and ordains that the following changes shall be made to Chapter 17.80.050, et al as amended below: 17.80.050 Site design. Large scale retail developments as defined by this Chapter 17.09. In addition, the following provisions shall apply: A. Building Size. New retail establishments shall not exceed two hundred thousand gross square feet as a single tenant or combination of tenants in a single structure. Remodels and/or expansions of existing building shall not result in retail establishments exceeding two hundred thousand square feet as a single tenant or combination of tenants in a single structure. B. Building Height. New retail establishments and remodels and/or expansions of existing buildings in excess of thirty thousand gross square feet shall not exceed forty feet in height. C. Parking. These regulations are intended to: i. Reduce the "heat island effect' of the parking surface ii. Encourage natural on -site processing of stormwater through landscape features designed to slow and filter polluted runoff iii. Encourage groundwater recharge and/or reuse Page 91 of 109 iv. Reduce the overall scale of paved surfaces v. Minimize the utilitarian visual impact vi. Enhance Pedestrian safety 1. Lot Orientation. Parking areas shall provide safe, convenient, and efficient access for all types of vehicles, public transit, all alternative forms of travel, and pedestrians. They should be distributed around larger buildings in order to shorten distances to other buildings and public sidewalks and to reduce the overall scale of the paved surface, and provide shared parking between businesses. Bike racks shall be located in well -lighted areas and placed in locations that are visible from store entrances and parking areas. 2. Parking areas shall be planned as an accessory to the buildings they serve to achieve a high quality design and appearance. The parking area's utilitarian appearance should be minimized [reduced] by utilizing effective landscaping, street furniture and other public amenities. 3. Parking lots should be designed to avoid causing erosion damage to grading and surrounding landscaping. Whenever possible, permeable paving systems shall be evaluated and utilized especially for overflow and employee parking areas. To reduce impervious surfaces, one-way drive aisles shall be incorporated into the design to the greatest extent possible. 4. Parking lots shall incorporate methods for stormwater management utilizing low impact development (LID) techniques including, but not limited to: a. End -of -island bioretention cell(s) with underdrain(s) and landscaping; b. Bioretention cells or biofiltration swales located around the parking perimeter; c. Breached Curb drainage inlets (or curb cuts) in the end -of -island bioretention cells and bioretention strips to collect runoff. d. Bioretention cells can be installed between lines of parking stalls to increase the total treatment surface area of these systems. 5. Parking and vehicular circulation. Parking facilities shall be recognized as transitional spaces where users change modes of travel, from car, bus, or bicycle to pedestrian. The design of those spaces shall therefore safely and attractively serve all modes, and provide safe walkways for pedestrian. 6. Surface parking. No single parking area shall exceed 150 feet unless divided into two or more sub -areas by a building, internal landscaped street, or landscaped pedestrian way. 7. Parking lots shall be configured and designed to reduce the overall mass of paved surfaces. No more than seventy percent (70%) of the required or proposed off-street parking area for the entire property shall be located between the front (street adjacent) facade within the front yard of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lots are screened from view by secondary development (such as restaurants), additional tree plantings, other landscaping, berms or screening. The planning commission shall approve all proposed screening and increases in parking according to the requirements listed herein. 8. No overnight camping shall be permitted in parking facilities authorized pursuant to Moab Municipal Code Chapters 8.20 and 10.04.230. The applicant shall post and enforce policies to ensure compliance with this provision. D. Paving and circulation requirements. 1. All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or pavers surfacing except in employee and overflow Page 92 of 109 parking areas where the use of gravel or other pervious surface material may be approved by the Planning Commission. The utilization of pavers or other approved pervious materials to provide for additional parking during times of high volume traffic is encouraged. 2. All areas within the parking area not used for parking stalls or maneuvering areas shall be landscaped. 3. Parking areas shall be designed to enable a car entering the parking area to move from one location to any other location within the parking area or premises without entering a street. F Parking Sub -areas. Unbroken rows of parking spaces shall not exceed 16 SPACES unless divided into two or more sub -areas by a building, internal landscaped street, significant planted dividers or islands or a landscaped pedestrian way. All islands shall be landscaped. G. Number of Parking Spaces. The number of parking spaces provided shall be one space for every two hundred (200) square feet of retail space. The Planning Commission shall have the authority to grant bonuses to the required number of parking spaces, provided that any additional bonuses may be granted by the Planning Commission upon approval of the landscape plan or if alternative energy is incorporated into the lighting and/or shading of the parking lot. Parking bonuses may be approved by the Planning Commission as allowed in Subsection H. H. Parking bonuses. The Commission shall use the following standards when evaluating the landscape design and granting parking bonuses. 1. Additional shade coverage exceeding the 50% requirement by 15% may allow up to 10% parking area increases. 2. The use of solar energy panels for lighting and/or shade structures shall allow additional parking bonuses of 10% based on a 15% solar panel coverage of the parking area. 3. Other valid options for bonuses as proposed by the contractor and approved by the Planning Commission may be used in lieu of the increases in shade or solar panels if the intent of the regulations are met or exceeded. Such options shall include solar panels located on the roofs of structures and green roofs used to absorb water runoff from principal uses. I. Storm Water Systems. Storm water system design shall emphasize water quality treatment and ground water recharge. The site storm water system shall capture all site runoff, provide water quality treatment through the use of appropriate structural BMPs, and discharge the RIBBON CURB Page 93 of 109 STANDARD CURB AND GUTTER storm water to the public storm water system at a rate that does not exceed the pre - developed rate for the project site for the ten-year and one hundred -year storm events. In the event that the property cannot drain to the public storm water system, storm water may be discharged onto or across adjacent properties provided that easements permitting such use are executed with the respective landowners. Required additional storm water conveyance systems shall be subject to approval by the city and shall be constructed at the applicant's cost. J. Rear and Side Facades. Side and rear facades shall adhere to the requirements outlined in subsection 17.80.040(A) of this chapter. Architectural and landscaping features should mitigate to the maximum extent practicable the impacts of blank walls, loading areas, storage areas, HVAC units, garbage receptacles and other accessory features. 1. The minimum setback for any building facade shall be twenty-five feet. Where the facade faces adjacent residential zones an earthen berm shall be installed, no less than six feet in height, containing at a minimum, a double row of evergreen or deciduous trees planted at intervals of twenty feet trunk to trunk. Additional landscaping may be required by the planning commission to effectively buffer adjacent land use as deemed appropriate. All additional landscape requirements of the Landscape Ordinance shall apply. K. Outdoor Storage, Trash Collection, and Loading Areas. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, shall be screened from view of adjacent public or private rights -of - way or neighboring properties. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than forty feet apart, or on those sides of buildings that do not have customer entrances. 1. Areas for outdoor storage, truck parking, trash collection or compaction, utility meters, HVAC equipment or other such equipment, similar uses, and similar service functions shall be screened from view from adjacent public or private rights -of -way or neighboring properties. Materials, colors, and designs of screening walls, fences and covers shall conform to those used as predominant materials, colors and designs of the building. Areas for outdoor storage, trash collection or compaction, loading, or other such uses shall not be located within thirty feet of any public street, public sidewalk, or internal pedestrian way. 2. Delivery and loading operations shall conform to Chapter 17.74, Noise. 3. Delivery and loading areas shall be substantially set back from a residential use or residentially zoned property that is adjacent to the site. A landscape buffer, or other approved buffering, of at least thirty feet in width shall be provided adjacent to the delivery and loading area where it adjoins residential uses or zones. The landscape buffer shall include Page 94 of 109 evergreen shrubs and/or trees plus deciduous canopy trees at regular intervals to provide noise, light, and visual screening. 4. If the delivery and loading spaces are located within an enclosed building or underground, no such set back and buffer area shall be required. 5. Outdoor storage of chemicals, fertilizers and other materials that pose a potential source of groundwater pollution shall be stored in a contained area that prevents leakage into the storm water system or into the groundwater. Environmental Protection Agency regulations or other regulations shall be followed. L, PedestrianBicycle Accessibility. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user- friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. 1. Sidewalks at least six feet in width shall be provided along all sides of the project site that abut a public or private right-of-way. The planning commission may waive this requirement as part of the development plan if a suitable alternative is proposed. 2. Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrances of all principal buildings on the site. At a minimum, walkways shall connect focal points of activity such as, but not limited to, parking areas, street crossings, building and store entry points, and shall feature landscaping as per requirements outlined in this chapter. 3. Walkways shall be provided through parking lots. A paved walkway or sidewalk must be provided for safe walking areas through parking lots greater than one hundred fifty feet in length (measured either parallel or perpendicular to the street front). Walkways shall be provided every third parking aisle, or at a distance of not less than one hundred fifty feet? between paths (which -ever is the least restrictive.) Such access routes through parking areas shall be separated from vehicular parking and travel lanes by use of contrasting paving materials which may be raised above the vehicular pavement. Speed tables shall not be used to satisfy this requirement. 4. Sidewalks, no less than five feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping. Page 95 of 109 5. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored and tinted concrete to Bike racks shall be located in well -lighted areas and placed in locations that are visible from store entrances and/or parking areas 17.80.060 Signage. enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. 6. Public bicycle and pedestrian paths, trails, and lanes a minimum of ten feet in width shall be provided across the site as necessary to implement the Grand County Non -motorized Master Trails Plan as approved by the city council and in effect at the time of application. All such easement widths shall be contingent upon the type of trail proposed and may vary. Such trails shall provide connections to existing and/or future trails. 7. Bicycle lanes or paths shall be provided from an adjacent street to bicycle parking areas near a primary entrance of structures. 8. The applicant shall provide street stub outs, trails, and sidewalks as necessary to promote efficient circulation and connectivity with adjacent developed parcels or undeveloped parcels that are likely to develop. Large scale retail developments as defined by this chapter shall be required to follow the provisions of Chapter 15.44 (Sign Code). In addition, the following provisions shall apply: A. Sign Color. Sign colors shall be low reflectance, subtle, neutral, or earth tone colors. Use of high -contrast colors in all wall and monument signs is prohibited. B. Sign Types. Corporate or retail signage shall be limited to internally illuminated and channeled wall signs and monument signs. Maximum sign square footage, height and all other requirements shall be governed by Chapter 15.44 of this code. C. All free standing signs shall be monument style: i.e. mounted on a base (above grade) of wood, brick or stone, which is detached from any building and built with continuous background surface from the ground up. (Ord. 08-10 (part), 2008) 17.80.070 Landscaping. A. All planter beds and tree planters shall be bordered by a concrete curb not less than six inches in height adjacent to the parking surface except where areas of landscape are used for storm water detention. If used in this manner, all asphalt abutting landscaping shall terminate with a concrete ribbon curb 1.5 feet in width and 10 inches in thickness. Page 96 of 109 B. All plants and irrigation systems shall be installed according to the landscape installation guidelines shown on the approved landscape plan. The owner shall guarantee the quality of work, health and condition of plants and installation of materials including, but not limited to; plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project and issuance of a Certificate of Occupancy, the city shall inspect and certify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements and execution of a Landscape Maintenance Agreement shall be done prior to final approval by the city. In the event corrections cannot be made or installation cannot be completed prior to issuance of a certificate of occupancy, the city shall require a cash deposit equal in value to the amount of one and one-half the cost of the landscaping project. A cash deposit is returned only when the city gives final approval of the project. C. Landscaping shall be provided and maintained in perpetuity by the property owner. Failure to maintain shall constitute a misdemeanor and punishable as established in Code Sections 17.75, 17.78, and 12.24.160. D. Any changes to an approved landscape plan shall be reviewed and approved by the Planning Commission prior to the alteration taking place. Changes made without appropriate review and approval shall constitute a misdemeanor and punishable as established in MMC Sections 12.24.160, 17.75 and 17.78. E. Landscaping Materials and Spaces. Required landscaping shall be limited to the following materials and spaces: 1. Living ground cover; 2. Permeable, continuous non -living ground cover; 3. Living plant life other than ground cover; 4. Retained native vegetation; 5. Natural or manufactured features, including but not limited to boulders and planters; 6. Pedestrian ways; and 7. Public spaces. F. Landscaping Materials and Design Mix. Separate sections of landscaping shall be composed of the required materials in any combination as follows: 1. Living plant life other than ground cover or natural vegetation shall have a minimum coverage of five percent; 2. Living ground cover shall have a maximum coverage of eighty percent; 3. Permeable non -living ground cover shall have a maximum coverage of twenty percent; Page 97 of 109 4. Natural or manufactured features shall have a maximum coverage of fifteen percent; 5. Pedestrian ways or public spaces shall have a maximum coverage of fifty percent; G. Plant Materials and Landscape Design Standards. 1. Plants selected for landscape areas shall consist of plants that are well suited to the micro -climate and soil conditions at the project site. Plants with similar water needs shall be grouped together as much as possible. 2. Turf areas shall be limited to areas with shade for at least one-half of the mid- summer day and shall not be allowed in spaces narrower than ten feet wide. Turf shall not be used in more than ten percent of total landscape area, and should be located in places where people will use it. 3. For projects located at the interface between urban areas and natural open space (nonirrigated), highly drought tolerant plants shall be selected that will blend with the native vegetation and are fire resistant or retardant. Plants with low level fuel volume or high moisture content shall be emphasized. Plants that tend to accumulate excessive amount of dead wood or debris shall be avoided. 4. Areas with a slope greater than thirty-three percent shall be landscaped with deep rooting, water conserving plants for erosion control and soil stabilization. 5. Parking strips and other landscaped areas less than eight feet wide shall be landscaped with water conserving plants. H. Irrigation Systems. 1. A detailed irrigation plan shall be drawn to the same scale as the planting plan and shall contain the following information: a. Layout of irrigation system and summary legend outlining the type and size of all components of the system, including manufacture name and model number with approved equals; b. Static water pressure in pounds per square inch at the point of connection to the public water supply; c. Flow rate in gallons per minute and design operating pressure in pounds per square inch for each valve and precipitation rate in inches per hour for each valve with sprinklers; and d. Installation details for irrigation components. 2. A monthly irrigation schedule shall be prepared that covers the initial one hundred twenty -day plant establishment period and the typical long term uses period. The schedule shall consist of a table with the following information for each valve: Page 98 of 109 a. Plant type (e.g., turf, trees, low water plants); b. Irrigation type (e.g., drip, bubblers, sprinklers); c. Flow rate in gallons per minute; d. Run time in minutes; e. Frequency of run (number of days per week); and f. Cycle time to avoid runoff. I. Building Foundation Landscaping. A minimum of fifty percent of a fag;ade length containing a primary customer entrance shall have a foundation landscaped area extending at least six feet out from the building. All other fag;ades that can be viewed from existing public rights of way shall have foundation landscaping extending a minimum of eighty percent of the fag;ade length. J. Parking Lot Landscaping. 1. Large parking areas should be enhanced with additional landscaping. Creative site design, to include preservation of existing stands of trees and clustered landscaped areas, is encouraged over symmetrical rows of small landscaped islands. 2. To the greatest extent possible, landscape islands shall be designed so that plant material is not located on the first one (1) foot of the edge of the island, where it is most likely to be trampled by individuals exiting and entering parked vehicles. Such edge shall be mulched or paved with porous paving materials such as pavers. a. Landscaping. Parking lot landscaping is an important element in reducing reflective heating, controlling water runoff and improving the aesthetics of a site. Increasing the landscape requirements may also help in the adaptive reuse of large scale retail buildings. Landscaping shall be installed and maintained as established elsewhere in this section. b. Parking lot dividers, islands, planters and planting areas shall be a minimum of six (6) feet wide at the widest point, and six (6) feet long except that all new or retrofitted tree planters shall be a minimum of nine feet by seven feet, measured to the outside perimeter of the planter, and shall have no less than forty-eight square feet of permeable soil planting area. c. Landscaping shall be used to define parking areas, primary vehicular drives and pedestrian areas in an aesthetically and environmentally pleasing manner. d. Landscaped areas shall be distributed throughout the entire parking area as evenly as is appropriate in the design of the park -facility. 3. Where trees already exist, the parking lot shall be designed to make the best use of this existing growth and shade wherever it is reasonably possible. Page 99 of 109 4. Landscaping shall include shrubs, trees, vines, ground covers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas. a. Tree Requirements. Off-street open parking areas shall provide fifty percent (50%) or more of shade coverage at the time of maturity of the trees. To achieve this coverage the applicant shall: 1. Design, where possible, north/south oriented parking areas to provide maximum shade, 3. Plant at least one medium or large-scale tree for every three parking stalls, 4. Utilize a diversity of tree species that have the ability to survive the climate zone. b. The minimum size tree planted shall be no less than a 1.5 inch tree measured at four (4) feet from the base of the tree and sized to specifications according to the American Standard for Nursery Stock (ANSI Z60.1) and Arizona Nursery Association Grower's standards. Low water use and "native" plant materials shall be used to the greatest extent possible. Problematic trees having shallow .or invasive roots or having brittle or weak branching structure are prohibited. All trees shall be planted and maintained according to the landscaping plan detail sheet and in such a manner to maximize the growth, health and longevity of the plantings. Parking lot trees adaptable to the Spanish Valley environment shall be selected and planted according to the appropriate tree species sized for planters with various dimensions and approved by the Urban Forester. c. Trees shall be maintained in accordance with the Moab Municipal Code, Chapter 12.24, Tree Stewardship. Violations shall be punishable as established in Section 12.24.150 and 12.24.160. d.The interior of all vehicular use areas shall be landscaped so as to define parking isles and limit unbroken rows of parking and provide for pedestrian accessibility and safety. Ends of parking rows and corner areas shall be curbed and landscaped. K. Internal Pedestrian Walkway Landscaping. All internal pedestrian walkways, as required by this chapter, shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than fifty percent of their length. L. Parking Lot Trees Required. All proposed parking areas shall have shade trees planted at spacing no greater than forty feet trunk to trunk around the entire perimeter, with exception of those areas where the placement of trees would constitute a clear visual safety hazard. All landscaped islands in the interior of parking lots shall have, at a minimum, one large shade tree every forty feet. Each separate landscaped island or area shall contain a minimum of one hundred sixty-five square feet, shall have a minimum dimension of eight feet in any direction and shall include at least one tree. Trees shall be required within the interior planting islands of any vehicular use area exceeding four thousand five hundred square feet. M. Adjacent Buffer Required. A landscaped buffer of at least fifteen (15) feet in Page 100 of 109 width shall be required along the entire edge of any parking lot or the edge of a building fagade without a primary or pedestrian oriented entrance when adjacent to a public right-of-way. The landscaped buffer shall incorporate canopy shade trees planted at a minimum of thirty feet on - center for the buffer area. N. Screening. 1. Seventy-five percent of the lot frontage adjacent to any arterial street, exclusive of vehicular and pedestrian entrances, shall provide screening of parking areas by means of on -site buildings, landscaping, decorative walls and retaining walls, or other approved methods which may include primary structures. Additional screening of on -site parking shall be reviewed and approved by the Planning Commission. 2. Fifty percent of the lot frontage adjacent to all other streets and adjacent properties shall provide screening of on -site parking by means of on -site buildings, decorative walls, decorative retaining walls, landscaping, or other buildings and shall be reviewed and approved by the Planning Commission. 3. Lot frontage adjacent to residential uses or residential zoning districts shall provide screening of on -site parking by means of walls, landscaping, or buildings. O. Minimum Vegetation Size. No required canopy and shade tree planting shall be less than one and one-half inch caliper, measured at breast -height, at the time of planting. Evergreen trees shall be a minimum of seven feet in height at the time of planting. P. Installation and Maintenance. All landscape materials required by this section shall be installed in accordance with standard practices of horticultural professionals and in good and workmanlike manner and shall be maintained by the property owner in good condition. 1. All applicants for landscape plan approval shall file a maintenance schedule and a scope of maintenance work with the zoning administrator. At minimum the maintenance schedule shall include the following: a. Any damaged or dead trees, shrubs or ground cover shall be replaced promptly for the life of the building. b. Maintenance of landscaped areas shall include: i. Continuous operations of removal of weeds; ii. Mowing; trimming; edging; cultivation; iii. Reseeding; iv. Plant replacement; v. Appropriate fertilization; spraying; vi. Control of pests, insects and rodents by nontoxic methods whenever possible; Page 101 of 109 vii. Watering with an automatic irrigation system is required; and viii. Other operations necessary to assure normal plant growth. 2. Irrigation systems shall be maintained in good operating condition to promote the conservation of water. 3. The obligation for continuous maintenance shall be binding on the applicant for landscape plan approval, to any subsequent owners of the property, or other parties having a controlling interest in the property. (Ord. 08-10 (part), 2008) 17.80.080 Submittal requirements. A. Submittal Documents. The applicant shall submit an application form signed by the owner of the project site along with the application fee established by the city. In addition to the standard submittal requirements as outlined in this code, additional supplementary submittal requirements shall be required for developments subject to this subchapter. A site plan checklist will be provided by city planning staff. B. Engineering Plans and Studies. All drawings and reports listed in this section shall be stamped by a professional engineer holding a current license in the state of Utah. Applicant shall submit the following without exception: 1. Traffic Impact Study. A report that presents pre- and post -development traffic estimates and level of service values for all streets and intersections that will be impacted by the proposed development. 2. Water System Study. A report that presents the proposed development's fire flow and peak use requirements, and analyzes existing system capacity. 3. Storm Drainage Study. A report that presents pre- and post -development runoff flow estimates for the site, detention volume requirements, proposed BMPs, and all other information necessary to allow for review of the proposed drainage plan. 4. Exterior Lighting Plan. A detailed plan showing the location, height, and light output of all proposed lighting and the results of a computer lighting model showing the estimated luminance levels at grid points on the site and over an area extending one hundred fifty feet beyond the perimeter of the site shall be submitted. The plan shall include manufacturers' cut sheets detailing the fixtures to be used. 5. Construction Drawings and Specifications. A package that at a minimum shall show site utilities, site grading, surface improvements, internal traffic circulation, easements, and required traffic signage. 6. Title Report. The applicant shall submit an ownership and encumbrance report, abstract of title, or similar submittal disclosing all existing easements, rights -of - way, and interests affecting the project site. 7. Affected Entities. A listing by name, address, and telephone number of all Page 102 of 109 persons who may be affected entities, as defined in this chapter, with respect to the project site. C. Architectural Plans and Presentations. All drawings and reports listed in this section shall be prepared by an architect or landscape architect as appropriate, holding a current license in the state of Utah. The requirements for a site plan as listed in Code Section 17.09.660 shall be followed when preparing an application for review. Applicant shall also submit the following: 1. Conceptual Drawings. The package shall, at a minimum, include the following: a. Site plan views showing building locations, parking areas with space totals, pedestrian and vehicular circulation routes, public trails and pathways, landscaped areas, and screening; b. Elevation views of all proposed buildings showing scaled architectural details, massing, height, screening of roof top units from all adjacent properties especially those lands with higher elevations, and other design features; and c. Illustrative drawings, examples, or mock-ups showing the materials, colors and typical views from adjacent public streets of all proposed buildings. d. Outdoor Lighting. 1. Lighting shall meet the requirements of Chapter 17.09.660 G and be full cut-off downward directed fixtures and no light shall be emitted beyond the project site. The applicant must provide an exterior lighting plan that quantifies light coverage upon the project site and provides information on how outdoor lighting will be accomplished to minimize impacts on adjacent properties or roadways. 2. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard shall not be taller than light standards in surrounding neighborhood residential zones and should stair step down to a lower height when close to neighboring residential uses or residentially zoned areas. In no case shall the height of the light standards exceed twenty-five feet. Spotlights of any kind that are mounted on building walls are not permitted. 2. Signage Plan. A plan showing the location, size, height, materials, lighting methods, colors and incorporated logos of all proposed corporate and retail signage within the development. A sign permit is required under a separate application as set forth in MMC 15.44 and 17.09.470. 3. Landscape Plan. A detailed plan showing all proposed landscape treatments including planting locations and species for all planted areas; surfacing for hardscaped areas; fences, wall and/or other screening devices; and proposed Page 103 of 109 irrigation systems. D. Adoptive Reuse and Renewal Plan. Applicant shall submit the following: 1. A building design plan that allows for and facilitates reuse of the building in the event the building is abandoned or vacated. 2. A building renewal plan that provides for maximum opportunity for rehabilitation or redevelopment of the structure in the event of abandonment, vacating of property, or relocation by the original occupants. The plan shall include a maintenance plan for normal repairs and upkeep of the main building, accessory buildings, "pad" buildings, parking lots and hard surfaces, landscaping, and signage, including the elimination of "ghost" signage. 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 104 of 109 City of Moab Planning and Zoning Department Correspondence PL-12-54 April 17, 2012 Memo To: Honorable Mayor and Members of Council From: Jeff Reinhart, City Planner Subject: Approval of Draft Ordinance #2012-08 to Amend Chapter 17.09.680, Conditional use- Carports located within the side setback Area of Primary Dwellings, by Repealing and Holding in Reserve Section 17.09.680, as Referred to Council by the Planning Commission Background Code Section 17.09.680 that describes side yard carports as a conditional use was supposed to be repealed and held in reserve when Council adopted Ordinance #2010-13 on September 14, 2010. Ordinance #2010-13 was an effort to bring all of the known conditional uses into one code section so it would be easier to review the general requirements for specific uses and to find specific requirements for any given conditional use. This was generally successful with only this one of the scattered uses being partially overlooked. The side yard carport was not included in the table of conditional uses but the text section of 17.09.680 that deals with the use was kept intact. This was due to the fact that carports being located in the side yards were not mentioned as a use type in any zone. This amendment will remove side yard carports in the side setback area but carport structures may still be located on the side of homes if they satisfy the setback requirements. If there is a hardship on the property that was not created by the property owner application can be made to the Appeals Authority upon rejection of a building permit. Reductions in yard size fall under the power of the Appeals Authority to grant a variance to yard sizes. The Planning Commission held a public hearing on April 12, 2012 to allow public comment on this proposed code amendment. The Commission voted 5-0 to favorably recommend the ordinance to Council. Process The process for text 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. Page 105 of 109 5-- a-- PL-12-54 Moab City Council Ordinance #2012-08 Side Yard Carports April 18, 2012 Page 2 of 2 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... 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) Discussion The placement of carports in the side yard setback area between the house and the property line has always raised issues when reviewed with the building code and zoning regulations. The majority of definitions for carports state that a carport must be open on three sides. There are a variety of reasons for this greater open area around and between structures but carports that provide three open sides reduce the visual mass of homes and allow for greater line of sight when backing from driveways. The building code, however, will allow a two sided carport and requires that non-combustible construction be applied to a separating fire wall between the properties. All of the codes adopted by Council do not allow for storm water to drain from one property directly onto another adjacent property. The close proximity to adjacent property lines has caused concerns when carport eaves extend to neighboring property lines. Also, side yard carports have a way of becoming garages at some future time and the progression of the garage being converted into living area is a natural evolutionary progression. Correction of these morphing hybrids can be timely and costly for the city as well as the property owner. 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. Existing Code Language. 17.09.680 Conditional use --Carports located within the site setback area of primary dwellings. Carports may be permitted as a conditional use to locate in one side setback area of a primary dwelling but may not extend into the primary dwelling's required front setback area. If there is an extension of the primary dwelling or other construction within any side setback area of the primary dwelling, locating a carport in that same setback area is not allowed. Carports may be constructed to the adjacent property line if the structure meets building code. Twelve feet maximum height limit is imposed on carports locating in the side setback area. Height is defined as the vertical distance measured from the average grade of the site to the highest point of the roof. Carports are required to obtain a building permit and to submit site plans that accurately describe existing dimensions of the side setback area and the dimensions of the proposed structure. The property owner or owners adjacent to the proposed carport shall be notified by the applicant prior to planning commission review. Additional conditions may be established by the planning commission to protect the safety, integrity and aesthetics of the area. (Ord. 01-11 (part), 2001) p:\planning department\2012\correspondence\p1-12-54 cc side yard carports.docx Page 106 of 109 ORDINANCE #2012-08 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.09 BY REPEALING SECTION 17.09.680 CONDITIONAL USE --CARPORTS LOCATED WITHIN THE SIDE SETBACK AREA OF PRIMARY DWELLINGS. WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters to address unanticipated issues in a clear and concise manner; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on April 12, 2012, to hear testimony and determine the merits of the changes to the Code; and WHEREAS, the Commission found that the proposed changes would benefit Planning Staff in the day to day administration of the Code and be more easily understood by the general public; and WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new language was in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-08 in a regularly scheduled public meeting held on April 24, 2012, to hear and decide the merits of the proposed change to Chapter 17.09, Supplementary requirements and procedures applicable within zones, of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2012-08 and repeals the following Section 17.09.680 in the Moab Municipal Code and holds it in reserve: 17.09.680 Conditional use --Carports located within the site setback area of primary dwellings. Carports may be permitted as a conditional use to locate in one side setback area of a primary dwelling but may not extend into the primary dwelling's required front setback area. If there is an extension of the primary dwelling or other construction within any side setback area of the primary dwelling, locating a carport in that same setback area is not allowed. Carports may be constructed to the adjacent property line if the structure meets building code. Twelve feet maximum height limit is imposed on carports locating in the side setback area. Height is defined as the vertical distance measured from the average grade of the site to the highest point of the roof. Carports are required to obtain a building permit and to submit site plans that accurately describe existing dimensions of the side setback area and the dimensions of the proposed structure. The property owner or owners adjacent to the proposed carport shall be notified by the Page 107 of 109 - P\ applicant prior to planning commission review. Additional conditions may be established by the planning commission to protect the safety, integrity and aesthetics of the area. EFFECTIVE IMMEDIATELY UPON ADOPTION. 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 Stenta, Recorder p:\planning department \2012\ordinances\ord 2012-0B side setback carports repeal.docx Page 108 of 109 CI TY OF M OAB CHANGE ORDER PROJECT: Riversands Waterline Replacement CHANGE ORDER # : 1 Project TO (CONTRACTOR): DG Concrete I nc. DATE: April 19, 2012 OWNER: City of Moab Contractor: you are directed to make the following changes in the work. All other terms and conditions of the Contract not expressly modified hereby shall remain in full force and effect. Item (Bid) Description Quantity Unit Unit Cost Total Cost Asphalt Pavement Riversands Road (1.5-Inch Thick) 1 LS NA $21,000 Total Change in Contract $6,000.00 JUSTI FI CATI ON When the new waterline was placed in Riversands Road, it was discovered that the existing waterline was further out into the roadway than originally supposed. It was not possible to construct the new line in close proximity to the existing because the age and delicate nature of the existing waterline. This left a 1-3 foot strip of asphalt on the east side of the trench that needs to be replaced in addition to the asphalt originally included in the contract. This additional quantity of asphalt amounted in an increased project cost of $6,000 for asphalt repavement. Additionally, the County decided to contribute up to $20,000 to the project to repave the entire 1,200 foot section of roadway to a width of eighteen (18) feet and an asphalt thickness of 1.5- inches. The Contractor has agreed to bill the County directly for their portion of the roadway cost. The Original Contract Sum was $ 77,538.00 Net Change by previous Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 77,538.00 The Contract Sum will be increased by this Change Order $ 6,000.00 The new Contract Sum including this Change Order will be $ 83,538.00 The Contract Time will be adjusted as follows - Substantial Completion Date April 27, 2012 Final Completion Date May 11, 2012 City of Moab Contractor David L. Sakrison, Mayor Attest: Attest: Rachel E. Stenta, City Recorder Page 109 of 109