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PKT-CC-2016-04-26
Moab City Council April 26, 2016 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 105 Agenda Page 2 of 105 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, April 26, 2016 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 March 22, 2016 CITIZENS TO BE HEARD PRESENTATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for April 2016 for Helen M. Knight School 3-2 Presentation by Deb Barton of the Grand County Solid Waste Special Service District PROCLAMATIONS 4-1 Arbor Day Proclamation - April 29, 2016 PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Moab Arts Festival to be held May 27 - 28, 2016 at Swanny City Park 6-1.1 Approval of a Special Business Event License 6-1.2 Approval of a Special Use of City Parks Permit for Swanny Park 6-1.3 Approval of a Class IV Special Event Beer License 6-1.4 Approval of Local Consent for a state -issued Special Event Beer Permit 6-1.5 Approval of a Park Alcohol Permit 6-2 Approval of a Special Event Business License and Special Use of City Parks for Rockwell Relay to be held on June 16 - 17, 2016 at Swanny City Park 6-3 Approval of a Special Event License and Special Use of Swanny City Park for Moab Charter School Field Day on Monday, May 23, 2016 and Consideration of a Fee Waiver in an amount not to exceed $140 6-4 Approval of a Special Event License and Special Use of City Parks for Rule the Rocks Skate and BMX Competition on May 20, 2016 6-5 Granting of Local Consent for a Limited Service Restaurant Liquor License for Patcharawadee Prucktrakhul to Conduct Arches Thai Restaurant Located at 60 North 100 West Agenda Page 3 of 105 6-6 Granting of Local Consent for a Limited Service Restaurant Liquor License for Jorge Ordonez-Hernandez to Conduct El Charro Loco Restaurant Located at 812 South Main Street SECTION 7: NEW BUSINESS 7-1 Second Reading of Proposed Ordinance #2016-02 (with amendments) —An Ordinance Amending the City of Moab Municipal Code, Sections 17.09.530 B and 17.09.531(9) by Amending the Conditions for the Approval of Bed and Breakfasts as a Conditional Use 7-2 Consideration and First Reading of Ordinance #2016-03 — An Ordinance Approving a City Initiated Rezoning of Property Located at 110 South and 200 East in the C-1 Zone to C-2 and Amending the Official Zoning Map 7-3 Approval of the Nonpoint Source Grant Agreements between the Utah Department of Environmental Quality and the City of Moab for the Pack Creek Stream Bank Restoration Project 7-4 Acceptance of a Petition for Annexation for Randy Day located at approximately 400 East and Raspberry Lane SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE CLOSED SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: 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 Agenda Page 4 of 105 MOAB CITY COUNCIL REGULAR MEETING March 22, 2016 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David Sakrison called the Pre -Council Workshop to order at 6:00 PM. In attendance were Councilmembers Heila Ershadi, Rani Derasary, Kyle Bailey, Tawny Knuteson-Boyd and Kalen Jones. Also in attendance were City Manager Rebecca Davidson, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, City Engineer Phillip Bowman and Administrative Assistant Carmella Galley A Presentation of Utah Department OoTransportation's US 191 Corridor Preservation Study was given by Vern Keesler of Parametrix Cosultants. Mayor Sakrison called a thirty (30) minute recess at 6:25 pm, in order for Councilmembers and others in attendance to vote in the Utah State Caucus. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Six (6) members of the audience and media were present. Councilmember Derasary moved to approve the Minutes of the February 23, 2016 Council Meeting, with corrections. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. There were no Citizens to Be Heard. Councilmember Bailey moved to approve a Special Business Event License and Special Use of Swanny City Park for Red Rock Relay on May 14, 2016. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd and Derasary voting aye. REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD APPROVAL OF SPECIAL BUSINESS EVENT LICENSE FOR RED ROCK RELAY Agenda Page 5 of 105 Councilmember Bailey moved to approve a Private Property Vendor Permit for Tina Marie Meyer, d.b.a. Red Rock Sno Company to Conduct a Hawiian Shaved Ice Business, Located at 83 South Main Street from March 23 — September 23, 2016. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to approve a Performance Permit Application for Jeff Gutierrez — The Fiery Furnace Marching Band —to Conduct Performances at Various Locations on April 9, May 14, June 11, July 9, August 13, September 10, October 8, and November 12, 2016 to coincide with Moab Art Walk. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to approve a Performance Permit Application for Elizabeth G. Jimenez Ross to Conduct Professional Fire Dance Performances on April 9, May 14, June 11, July 9, August 13, September 10, October 8, November 12 and December 10, 2016 to coincide with Moab Art Walk at the MARC 111 East 100 North and from April to December 2016 on Saturday Evenings at the Moab Backyard Theater at 56 West 100 South. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Bailey moved to approve Proposed Resolution #08- 2016, A Resolution of the Governing Body of the City of Moab Authorizing Delinquent, Terminated Utility Accounts to be written off of the accounting system in the amount of $1782.52. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. City Engineer Bowman presented the First Reading of the Proposed Corridor Agreement with UDOT. Discussion followed. The Agreement will be on the April 12, 2016 Council Meeting Agenda as an Action Item. In Mayor and Council Reports Councilmember Derasary reported that she had attended an ASAP meeting on March 9, 2016. She stated that she received data from the University of Nevada, Reno, at that meeting, APPROVAL OF PRIVATE PROPERTY VENDOR PERMIT APPROVAL OF A PERFORMANCE PERMIT FOR JEFF GUTIERREZ APPROVAL OF PERFORMANCE PERMIT FOR ELIZABETH G. JIMINEZ ROSS APPROVAL OF RESOLUTION 08-2016 FIRST READING OF PROPOSED CORRIDOR AGREEMENT WITH UDOT MAYOR AND COUNCIL REPORTS Agenda Page 6 of 105 concerning some industries that may be compatible with Moab. Councilmember Derasary mentioned that she had also attended the Lions Park Opening and that it was very nice. Councilmember Derasary stated that while attending the League of Women Voters meeting, Councilmember Derasary learned there is a need for Court Advocates. Councilmember Derasary gave compliments to Megan Stewart and Liz Holland of the MARC, from the Plein Air Board. Also mentioned by Councilmember Derasary were comliments to the Moab City Police Department, who had been called twice and responded twice to people parking on the sidewalk. Councilmember Derasary complimented the Moab City Planning and Zoning Department for information she received from a resident that the Planning and Zoning Department are checking on local rentals to make sure they are not overnight rentals. Councilmember Derasary stated that the resident mentioned that they had to sign their lease in order for the owner to prove they were a long term rental. Councilmember Ershadi reported that she had also attended the ASAP meeting. Councilmember Ershadi mentioned that she had spoken to the Chamber of Commerce about the Fourth of July Festivities formerly held at Swanny Park. Councilmember Ershadi stated that the Chamber of Commerce informed her that they are too busy to coordinate the event any longer. Councilmember Ershadi stated that she had heard from many residents last year that they missed the event at the park. Councilmember Knuteson-Boyd reported that she had attended the Joint City Council/Planning Commission Meeting as well as the Infrastructure Tour. Councilmember Jones informed everyone that "Throttle Down In Town" yard signs will be available this week and that if anyone would like one they can go to the seesmoab.com website to request one. Agenda Page 7 of 105 Councilmember Jones also mentioned that pamphlets will be coming soon to be placed in hotel rooms, to inform visitors of the "Throttle Down In Town" program. Councilmember Bailey stated that he attended the Joint City Council/Planning Commission Meeting as well as the Infrastructure Tour and other workshops. Mayor Sakrison informed everyone that the Legislature had adjourned for this year. Mayor Sakrison also reported that at the Utah League of Cities and Towns upcoming convention on April 6th through the 8th, 2016, in St. George, Overnight Rentals will be discussed. In Reading of Correspondence Mayor Sakrison read a transcript of a voicemail from a Michael Beal. Mator Sakrison stated that Mr. Beal called to compliment Terry Lewis and the staff at MRAC for all they do for him as he adjusts to becoming wheelchair bound. Under Administrative Report, City Manager Davidson gave a written report. A Report on City/County Cooperation was not given. Councilmember Derasary moved to pay the bills against the City of Moab in the amount of $504,443.57. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. Councilmember Knuteson-Boyd moved to enter an Executive Session at 7:30 pm for the purpose of the Character, Professional Competence or Physical or Mental Health of an Individual. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. An Executive Session was entered at 7:33 pm after a three minute break. Councilmember Derasary moved to close the Executive Session at 8:15 PM. Councilmember Bailey seconded the motion. The motion carried 5- 0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS EXECUTIVE SESSION ENTERED EXECUTIVE SESSION CLOSED Agenda Page 8 of 105 Derasary voting aye. Councilmember Derasary moved to adjourn the meeting. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary voting aye. The meeting was adjourned at 8:20 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder ADJOURNMENT Agenda Page 9 of 105 CITY OF MOAB ARBOR DAY APRIL 29, 2016 • i • WHEREAS, in 1872, J. Sterling Morton, the founder of Arbor Day, proposed that a special day be set aside for the planting of trees; and WHEREAS, trees reduce erosion, cut heating and cooling costs, produce oxygen, provide food and wildlife habitat, increase property values and beautify our community; and WHEREAS, the Mayor of Moab invites the community to participate in a tree planting and beautification event on Friday, April 29, zoi6 at zpm to plant a tree at Rotary Park and followed by a beautification project at Dixie Park; NOW THEREFORE, I, DAVID L. SAKRISON, MAYOR OF THE CITY OF MOAB, DO HEREBY PROCLAIM APRIL 2,9, 2,m6 AS ARBOR DAY IN MOAB, UTAH AND URGE ALL CITIZENS TO SUPPORT EFFORTS TO PLANT AND CARE FOR TREES Mayor David L. Sakrison Rachel E. Stenta, City Recorder Page 10 of 105 April26, 2016 April26, 2016 r AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 26, 2026 / Agenda ltem #: 6-1 Title: Approval of Permits for the Moab Arts Festival Fiscal Impact: This event takes place at Swanny Park. The event has requested some additional city services, which may be provided at additional charges. We will meet with the event organizers to determine if they wish to pay the additional charges for the additional services. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Moab Arts Festival, Inc. Background/Summary: This event is an established event. We have typically had very few issues with this event. 1. Approval of a Special Business Event License 2. Approval of a Special Use of City Parks Permit for Swanny Park 3. Approval of a Class IV Special Event Beer License 4. Approval of Local Consent for a state -issued Special Event Beer Permit 5. Approval of a Park Alcohol Permit The City Special Events Committee has reviewed the applications for the required permits and licenses for the event. We have conferred with the coordinator for the event and are of the opinion that all issues have been or will be adequately dealt with. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of all items, subject to the state required approvals and abidance by all park policies. Recommended Motion: "I move to approve Moab Arts Festival 2o16." N J Page 11 of 105 Attachment(s): Special Business Event License Application Class IV Special Event Beer License Application Application for Local Consent for a Special Event Beer Permit Application for a Permit for the Special Use of City Parks Application for a Park Alcohol Permit Agenda Page 12 of 105 DATE PAID: AMOUNT PAID: RECEIPT NO.: r CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: C/TYOFMOAB Q SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT (S90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: S200.00 NAME OF EVENT: 13 �Cf Y � DESCRIPTION OF EVENT: 1.,( r{ej mus I c i s aiJs { SaLe LOCATION OF EVENT: 51.,0 an rkki arK PREMISES TO BE USED: j TEMPORARY STRUCTURES TO BE USED (IF ANY)'. -1-pi Ll 5 " C j� �f ' evvi ce --bra rite A� /� � J �r� rx DATE(S) AND TIME(S) OF EVENT: , ���( A f . (,1114 5I .I i\ at' f7 ✓ 1 0 —6 pi}', . tiro+ ANTICIPATED # OF EVENT fSRiieirAIIT;rk�� SOCO �f r NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: �'�) r 1 J ' _ j1tj' 1 fish 4 ooD e s a t fi�Z o-� + 6LL EVENT SPONSOR'S NAME: 7 I SPONSORS ADDRESS: t ) .Do- � [Zi�i� *.pZ CITY:, I (,0_,t) TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP O PARTNERSHIP ❑ CORPORATIONOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: {,� �r AME REGISTERED WITH THE STATE FOR TAX ID: CONTACT EMAIL ADDRESS: {f vt� r' otti a � R' s� Irf &t. 4 UT Est Vct. ( PHONE: AL-ct' ! STATE: LLT zip: ;-?4- 33 5of Icc) 3 ilon A prefi'-f- laeL ^[ 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 BTAINING A LICENSE:. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF LICENSE WIlL BE DELAYED. f. I WE 1> JC ` f �' t� are H REBY AGREE TO ONDUCT SAID BUSINESS STRICTLY !N ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAMES) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORN CONTAINED HEREIN IS TR E. IIW E UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND ANT (SPONSOR) 1 f CR: TO LE THE PROPER REPORTS WITH TH STATE OF UTAH. i f Signature o Spans State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTAITY PUBLIC / 41— (:19 day of Da!a ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. CARMELLA GALLEY Notary Public State of.Utah Cormn Comm No 0$h544 My F,p ies Dec 28. 2019 NPLAIN FEES GENERA BY THE E ENT (LE ADMISSION ARGES, E4OTH FEES, RENTAL C RGES, ETC.): Agenda PaDgP31o4f citc* ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda PaDgp41dfcfc?fi SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. _CCIL6 NAME OF EVENT: DATE(S) OF EVENT: ,Zja? aei6 BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # .--• ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID ---kt be... ,�� r erg Sail/4_ FS s - u1ki `� a , �bt JJ 7KGilkilk(rTr61\-j 09/08/03 Page 15 of 105 Page 18 of 26 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 i FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: i2r5QU Flo ❑ YES ❑ YES DATE: I ' W 1 lV NAME OF APPLICANT: {� APPLICANT'S MAILING ADDRESS: , �F JJL� jkai Y L 4 CITY:ihtoo t:e4r PHONE: {g1----Qg-rzh9-. STATE: lJL1--- ZIP: gefs32_ NAME OF EVENT: ,.).A.Cja_10 -e x Ott LOCATION OF EVENT: } CAA if a k-Vt Pal - ZONE: F DETAILED DESCRIPTION OF SPECIAL EVENT: 'I -WO ..Y E:c.1-i ""`l � � Sr.-41.i Atitti� 1 2-9 -psi- �fis— Ga Vey r — l_1vE Outsc, �L��lr�.�e�'s �����i J A-i e� �-�-�vM��st�-� F s uf4_, 1 06/16/05 Agenda Page 16 of 105 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`. Q-j('1�� IMP. Name of Organiza ion and Event if applicable:_ „t10 Poet', {iliCirl "` Address Da Phone: r2�` �� t y t� 214 Email' €,,, ,_,�oki.tY p� Y�SaS C�L� r�f+�= J Proposed Park Usage Information � Li h (r (Rev.-WI/WK.)Cailrev1S) X-Ls SVLE-lam � Which park to you intend to use? Swanny Park: X. Other (please indicate name of park; Please indicate the pr osed to and times of use: Proposed Start Date.- Start Time: L U/•m End Time: _ Proposed End Date: Shj '- /1 Start Time i () m End Time• Please specify what areas of the park are proposed for use• See._ «ilc d/VP-Lk_ 6A6 71) 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• CO l+-7 Number of spectators that you expect: giC+� Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Se. 4' a I1 a c ■1 _4 map lap Will amplification be required for your event? Yes No i [[ r Phase specify any ele trical needs for our event: exl Sig 11� -pmer " oA ic�na � [� einet a m PhvG�,► � e � �e e e�^��U� 1� Uei crrs J ase describe the parking and traffic plan for your event. Location of parking, signage, traffic control d vices use of xolun ers, etc. should be described. 1-161- a � irk_ °sir 5 5 If you anticipate any street closures for youven please des Agenda et-- 01- S itaa i or GrEtiolfc. dutvdi . aroc 1, t�> K- ribe below, and sh w on the accompanying PLEASE COMPLETE OTHER SIDE PA8gf lacIfll' RAiliti ; Do you intend for the park to be open to the public during your event? Yes /` No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes X Nc0E-- fJ IVY For ven issio • o the . rk7 Y= No ase Oescrib an security or crowd ton r I measur s you plan for VECEll:E r 1 m N- COWP O L bN SiTr For groups over 100 people, please describe your refuse con I -Q, b � Please drri yayour clean-up plan during and after the event: use of the park:, and recycling plan: prs� w ca Uetn4 ee.h rl o�S iRtJD +' I_e YvA2C 4 Please describe your restroom facility plan: H n s f-Dcp-ke..S — se.- IyvelT Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: \j'e_ VNAO-ScG vt a- C.0 m muviC +1 se -tv ev\ ate , pis gawk �U ��� `i a-iiv i4--re S a yA v i up-iCtie Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes_ No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes Y t No certify that the information cont to this application is true and correct. I agree to abide by the City of Moab Parks Policies and any cond ti attached to this-perjnit Signature of Contact Pers Q�%(/�-�� Date: inisimmiliiiiiistiod.._ Office Use Only 11111111111111111111 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 Agenda PaUggiOdfcifg H MK School 400 NORTH VN 1..111011 PARKING I� ` Behind Catholic Church in Gravel Parking Lot Moab Arts Festival Park Layout for Swanriy City Park C' N.:yri•ot Recreation ea% 8 � Aquatic Center.' `•• Ow. e17ttaBv ® pcoho‘ 00 rte Of aCK ® vp .� BEEEMBEEi Porta Potties 25 26 27 • 28 u 91 90 39 I 4 5 6 7 8 9 29`30 31 32 33 3a 37 36 35 34 • aAttlEij 1 44 55 IS 46 54 53 47 52 46 51 49 50 414 + • I FQJ FI LI F9 Fw Food Court 63 62 61 60 55 57 58 59 m m© x 6 11, lidokkgruiatain Dec O l� kbk ®.at 0 Picnic Table • Map not to scale. All booths may not be used. l� D Activities r Information Registration Ez2 iitt "gam IA Pena Potties ' • Agenda RK DRIVE Page 19 of 105 Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 174500 Receipt Date: 04/06/2016 Timestamp: 04/06/2016 03:36 PM Payor: MOAB ARTS FESTIVAL MOAB ARTS FESTIVAL - MAY 28 & 29 2016 1032160 FLAT BUSINESS LICENSES MOAB ARTS FESTIVAL - MAY 28 & 29 2016 - PARK USE FEE 1036200 PARK RENTALS MOAB ARTS FESTIVAL - MAY 28 & 29 2016 - DAMAGE DEPOSIT 1036200 PARK RENTALS 200.00 1,000.00 500.00 $1,700.00 Check 1520 $1,700.00 Tendered Amount: Cash Back: Total Applied: Page 20 of 105 $1,700.00 $0.00 $1,700.00 DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS 1 FEE: ❑ CLASS 11 FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: Ok,CLASS IV FEE: LICENSE #: $200.00 $201100 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: HOME ADDRESS: 1 G 144-e t_ AA. % I few I ZY $44.4e4. c.trL SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: CITY: DATE OF BIRTH: HOME PHONE: f 6.0 STATE: L i ZIP: p s--5 Z BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: AAtn Gaeweix-y 6 V, S • Sri. 6 f: BUSINESS MAILING ADDRESS: 514--el rr SALES TAX ID #: BUSINESS PHONE: 259 - L 7 $ 3 CITY: ittld+'r45 STATE: _ ZIP: SYS-34 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TOSELL BEER* UNDER THE FOLLOwNG LICENSE: (CHECK ONE) 1. ❑ CLASS I ❑ CLASS II ❑ PRIVATE CLUB ❑ CLASS III CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses, Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO AYEs (Requires 'Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: ( (A'S n.z. Cr'h CA) r try C 1�44..do e..rv.mri-j C t436+ 4Ne4- f MI e tE 1.4)P_ii- v- 40 L . r -Z-0. /\Atv146 8at'.ve-'ty DE40 Ho/14 E �► r3 C-�+- � Jb1*1N ys /P4/ ijo r 846 G ►v 'Beer application is for 3.2% by weight only. Also requires a State license. V /i �� l • (6. 21.05 Agenda Page 21 of 105 3. H ve you ever been convicted of any offense other than a minor traffic violation? No D YES (If yes, list offenses along with an explanation. Include locations and dates.) • ,• • 4: Tfie Applicant tvIUST provide'fo the City of Moab a copy of they CriminitAistor)i Report from the State of Utah if•regUir4d Tor Class 1, H, Private Club and Class 11:1- • ' ' ' {• Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. •,.. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435)259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED O DISAPPROVED O REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: f ❑ APPROVED O DISAPPROVED REASON(S): SPECIAL CONDITIONS: • S':°. • • r.•.'• •• Agenda Page 22 of 105 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH COUNTY OF GRAND } : SS } Applicant's Signature rY1 ch` i /1 t tur- ,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 /3 day of JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. ExpliCS Dec 11. 2016 �pn f , a°1 Not ary Public Agenda Page 23 of 105 CLASS IV SPECIAL EVENT BEER LICENSE SUPPLEMENTARY INFORMATON 1. Please specify the dates, times, location, nature and description of the proposed event: ,SuPP N/At. Bev&tottoe .004 MOSrc. 4..vp 0443 Gesnd► t. /1-r Sw r Meat Fvzievai Akory nL 6,,e70/ 6eu Soir hump J/ Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: J, L . 4. I Nl 1 c_+#��t AA-‘ 11 C hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on M>hy 2Y , starting at 12. PM, and located at SwM-i P,+44{ for purposes of monitoring compliance with all license terms and City ordinances. SIGNED: STATE OF UTA} f COUNTY OF GRAND } ) SS } SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 13 DAY OF 19-10 r! JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm Expires Dec 11. 2016 DATE: I-13 /G m < <-).1 a4-I t llfry , ol� ON NOTARY PUBLIC Agenda Page 24 of 105 w � � rov 4 p, 1 0 r, T; Special Event/Vendor 6-5 Agenda Page 25 of 105 SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 "A- o C , [14 City [ ] Town [ ] County hereby Applicant Event Event On the during Local business license authority grants its consent to the issuance of a temporary single event permit license to: Entity/Organization: / A0.4.8 Q adw�� Name: M oR9 rin-{s Fes?? Uoa-<- r?6-e2 + (-0 ," f. Ca.41106--Q location address: 6%) t/00 NI /A.6-443 U% SY63 Z. state np S4 rid vi- 2? M day(s) of /11 ii-1 20/6, data _ month year the hours of l 2 Pri ro b PW) , pursuant to the provision of Utah Code 32B-9. dermal hours from — to We recommend this entity as conducting a civic or community enterprise* [ ] Yes [ ] No [ ] Not providing a recommendation *As Part of local consent required by 32B-9-201(1)(c), the locality may provide a recommendation as to whether the entity is conducting a civic or community enterprise. A civic or community enterprise means a function that is in the nature of a temporary special event such as a social, business, religious, political, govemmental, educational, recreational, cultural, charitable, athletic, theatrical, scholastic, artistic, or scientific event. A "civic or community enterprise" generally is a gathering that brings members of a community together for the common good. Single event permits may not be issued to or obtained by an entity or organization for the purpose of avoiding or attempting to avoid the requirement of state retail alcohol licensing. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. AS OF SEPTEMBER 1, 2015, LOCAL CONSENT MUST BE SUBMITTED TO THE DABC BY THE APPLICANT. Agenc Page 26 of 105 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 26, 2016 Agenda item #: 6-2 Title: Special Event Business License and Special Use of City Parks for Rockwell Relay Fiscal Impact: Law Enforcement and Other City Services are needed to support this event; costs are budgeted for. Staff Presenter(s): Carmella Galley Department: Administration Applicant: NA Background/Summary: This event is an annual event, held in Moab since 2010. It is a bicycle relay that runs from Swanny Park and ends in St. George. The event dates are June 16 and June 17. A very small portion of the park is used. The City Special Event Committee has reviewed all of the application materials and finds them all to be acceptable. This event is run very professionally and has posed no problems in the past. J Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommend approval of the licenses and permits, subject to all park policies and continued coordination with the Moab Police Department. Recommended Motions: (1) " I move to approve the Special Event Business License for Rockwell Relay with the condition listed in the staff recommendation." (2) "I move to approve the Special Use of City Parks for Rockwell Relay with the condition listed in the staff recommendation." Attachment(s): Application materials Agenda jAagenda draft documents \04-26-20 I 6 \special events vendors beer 11censes\2016 agenda summary sheet rockwell relay.docx Page 27 of 105 31-vt DATE. PAID: AMOUNT PAID: RECEIPT NO.: CCTV V OF MOA3 SPECIAL BUSINESS WENT LICENSE APPLICATION 217 PAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 I FAX (435) 259-4135 PLEASE MAKE CNECXSPAYABLE TO: CITY OF1111OAB NAME OF EVENT: Frtrl k�" Moab In y{� (+ p/�— p DESCRIPTION OF EVENT: B Y2 �U(��� �/ V l� y' I oab t o 17 1 - b W 1(WL� LOCATION OF EVENT: (SIN alAN- Pay-V . PRayisES TO BE USED: SPECIAL EVENT FEE: PLUS (CHECK ONE): Q TRANSIENT MO): OR per, U CURRENT CITY CR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: S200.00 TEMPORARY STRUCTURES TOEEUSED (iFAN[): �6fj011A (�}, ��{4/�� /f }{�i�P t� yh DATE(S)AND TiME(S)OFEVENT: 40AF fro yy1 �_fII14L�T/1 IY�_ � & j ( �{�1 _ta*L_ l_V AKTICtPATED ". CF EVENT PARTIGPAWS: 6 0 6 NUHEIER OF VENDORS PARTICIPATING: 1 RooNJNI Re/4 Mfx0il hri(Ge TYPES OF vENDORS PARTSCIPAT1NG Ih EVENT. EXPLAIN FEES GENERATED BY THE EVENT (LE- ADLLISSION CHARGES. BOOTH FEES, RENTAL CHARGES, ETC..)' EVENT SPONSORS NAuE: vision Ile/nk.c, Ll_G PHONE: SPONSOR'SACCRESS.-`-ISt" A f V - 1CllI�n.j�_.PrOcIry: 1 1a Yfl STATE. UT SPONSOR'S DRIVER LICENSE NUMBER 8 STATE OR OTHER PROOF OF IDENTITY: SPoNsOR'S SOCIAL SECURITY NumeER: TYPE CFORGANIZATION: CJ PROPRIETORSHIP O PARTNERSHIP O CORPORATION EVENT SPONSORS SALES TAX ID A. zlP: 61.160Lf THER (SPECIFY): NAmE REGISTEF D vTtII DIE STATE FOR TAX ID' DATE OF BIRTH, NO Prdit� 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 OSTA.INING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. WIVE HEREBY AGREE TO CONDUCT SAD BUSiNEss STRICTLY IN ACCORDANCE WITH THE MOAS Orr BUSINESS LICENSE REGULATIONS AS SEr FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SvyEAR UNDER PENALTY OF LAW THE INFORm.AT10N CONTAINED HEREIN IS TRUE. UWE UNDERSTAND TU:S LICENSE IS NON-TRANSFETiABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATIUN .iND APPLICANT (SPONSOR). UWE AGREE TO E THE PROPER REPORTS WITH THE STATE OF UTAH. 3 }� W l 6 U�B Cigna State of Utah ) County of�C t43 ) SUB _ IBED AND SWORN to before me this 1 � NO ARY PUBLIC Agenda 2L,1 day of V\gva\ 79\ L( r};sr SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 14 of 26 Page 28 of 105 (VOTARY PUBLIC AMANDA MILLER 669407 COMMISSION EXPIRES AUGUST 23, 2017 STAVE OF UTAH ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: • LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): 1 LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: ter_ 7.19.1 Agenda Page 29 of 105 Page 15 of 26 07/01/05 Carr 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: [ST Nei Maas CITY CODE: 11 " 1. 21`0 SIGN PERMIT: r eQu ItLeD MOVED -ON NECESSARY: 0 YES �o REQUIRES PLANNING COMMISSION APPROVAL 0 YES REVIEWED BY ZONING ADMINISTRATOR: DATE: I- 1 NAME OF APPLICANT: APPUCANT'S MAILING ADDRESS_ tkaYWIaA Duat NEX) Mackin Oak D1r CITY: 6 1-L PHONE: 5TaTE: U T ZIP: q)ti-i2-1 BUSINESS NAME: 1\V V KVVef ll Reka.1 01na+rl t^t vislah EVLac BUSINESS LOCATION: A th2.1 \1 - ki vii gffsi P KIi y. , P Ya vn , U ti a 1/4 -R 4-004 zoNE: 12/g S IAL, '-‘t-r Svc NN' 17Ae---, DETAILED DESCRIPTION OF BUSINESS ACTNITY: (A`a0 V 161 V V1 is [A Y W iri -Pr4 1 I ! o f t-11 Q! 1VIt6,510A (MR owtd-S bitndviess Reamie/R kdal horn o% movie Yaic,ed Cihuviivc U io Page 30 of 105 Page 16 of 26 06/16705 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: RaUL\NV It ( eAa DATE(S) OF EVENT: (0/ � �P f (� — bin MP BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLO TEMPORARY SALES TAX LICENSE NO./SALES TAX ID koclvleil RAJ?C1,,.; JOS Al 0,:.�4 V'; S;a„ E,, ,,:y, �L p�.., v4.- PCw Pk, Br. ,ac a c (041,%.i 09/08/03 Page 31 of 105 Page 18 of 26 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: hblrth Dual it Name of Or anization and Event if applicable: Address: 1282 e bLlnivriale 9 0 . � Day Phone: to 04t1 000 Email: lanna Proposed Park Usage information Which park to you intend to use? Swanny Park: Other (please indicate name of park. Please indicate the proposed dates and times of use: ?.1 Proposed Start Date: &ft lPI l.b Start Time: tJ am,� End Time:proposed End Date: (a l n L (D Start Time: �_____6 /pm End Time• 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 ail structures and facilities. ;`lumber of participants you expect. v 06 Number of spectators that you expect: 44 06 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: IS- 10)(10 p,�5 �- /0Xclo (-...e:c5, 3 14'60t- Arzk 5-tee( Ash Will amplification be required for your event? Yes x No 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. W� AY4. Mita/4 00 provii&61614 prowl ifkM qmfil� payptaf ��it� enii, tam moanticipate m 11 1 d � p6 ate clod vn l u o tts you any btreet clt`sures oryour`�vent, please describe below, and show on tife accompanying diagram. NSA _ . PLEASE COMPLETE OTHER SIDE Pagi 10 of 20 Agenda Page 32 of 105 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes 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: -nit r6Useg vYitl Mlle avid 46 (Z ills will_ wcta- rg Imo, mfg. vie, matte Mums-eas Liotoile Gout istawftitt) inr diaviiii (ion Neal - For groups over 100 people, please describe your refuse control and recycling plan: ill IIIIV pfI lOff loins aveund, bill BAK one, is ye-C and - Please describe your clean-up plan during and after the event: 01�L �� (/t -C • rs��Q � �vp �rh aw d vYaktW✓ Van Velt1r�� vl'o i2l i- Appearci i-F rve WhYt vi-wy Please describe your restroom facility plan: . i. Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: ROOLVV-Pill Gionoi a mow m lied, - o LAlav i U i b iovi Th i 5 (Il1 �tYl i 6 D ll }eI 1 % i 6 r1 i� - Y°t G. 4#� �M Wa rl fi& �u� 6 as n t�xct E� l5 q our Sul e WI 1pert v IN� a f cs 611HAPArlfl Please specify and describe other community or city facilities that you plan to use: Ufikin • Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes - 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: �olk— r ` l 1/lA�t�` Date. 2/ 217t/i 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 11 0126 Agenda Page 33 of 105 Swamy Park 400North Street 6 Covered Picnic Tables \\\ \\,\.\\,\\\&\.\\-1\.\\\ 1 100 50 N SCALE 0 100 1" = 100' 200 FEET To Main St. One Block {4---D 1-� L Agenda Page 34 of 105 Page 12 0126 Rockwell Relay 201 6 Untitled layer 410 Swanny City Park 10 UNITY Park Directions from Swanny City Park to UNITY Park Swanny City Park UNITY Park Mesquite Cy'of Las Vegas p Lake Mead o National Henderson Recreation ,o. Area Kingman 0 r Cedar City Hurrocane °Springdale 0 St George — Price Fishlake National Forest Grand Staircase-Escalante National Monument Grand Canyon National Park Mexican Hato Kayenta 0 Bluff Chinle 0 Grand 1014,61.-11 Junction �' Montrose 0 ,cd Uncompahgre ~ National Forest Cortez 0 Gallup° The Kaibab National Forest °Flagstaff Sedona 0 Winslow 0 Holbrook 0 Telluride 0 .n San Juan National Fore. Durango Farmington Map data ©2016 Google Page 35 of 105 Grp il Carmella Galley <carmella@moabcity.org> Event Application Hannah Dudley <hannah@charityvision.net> Tue, Apr 12, 2016 at 1:28 PM To: Carmella Galley <carmella@moabcity.org> Carmella, Here are our step by step directions out of the park: DIRECTIONS 0.0 Leave Swanny Park in Moab, UT - Go South on 100 West 0.8 Turn Right on Main Street 54.3 Turn Left on 100 N. in Monticello 54.4 Arrive at Monticello City Park Thanks! On Fri, Apr 8, 2016 at 9:22 AM, Carmella Galley <carmella@moabcity.org> wrote: Do you have something that shows the route through Moab? From the start at Swanny Park down to the Grand/San Juan County line? I will add the map you just sent to the packet as well. Thanks. Carmella On Fri, Apr 8, 2016 at 9:10 AM, Hannah Dudley <hannah@charityvision.net> wrote: Will this work? It is just a screen shot from the map on our website. The link to the physical web location is below: http://rockwellrelay.com/wp-content/uploads/2015/05/2015-Rockwell-Relay-Bible. pdf Page 13. Let me know anything else you need or if I need to get a better copy of the image. On Fri, Apr 8, 2016 at 7:51 AM, Carmella Galley <carmella@moabcity.org> wrote: Good morning Hannah, I did not see a route map in your packet. Would you send one so I can have a complete packet to get to council? Thank you. Carmella On Wed, Apr 6, 2016 at 11:56 AM, Hannah Dudley <hannah@charityvision.net> wrote: Carmella, We are still working on getting our Insurance Certificate for this year. We promise it is coming and will be here before the event! Agenda I will be contacting Chief Navarre about police escort out of town and Delight Primus with the Farmer's Market regarding our shared use of the park. I have already contacted HMK School for overflow frking. Page 36 of 105 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 26, 2016 / / Agenda item #: 6-3 Title: Special Event License and Special Use of Swanny City Park for Moab Charter School Field Day on Monday, May 23, 2016. Fiscal Impact: City Services are not needed to support this event Staff Presenter(s): Carmella Galley Department: Administration Applicant: Moab Charter School, Emma Weiss Background/Summary: The Moab Charter School has applied for use of Swanny City Park as well as a Special Event License to conduct their Field Day. The event involves only a small portion of the park and benefits the students of the school. This is the first year for this event and staff does not foresee any issues.The Special Events Committee has reviewed the application and supporting material and recommends approval of the event and use of the park. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Events License and Special Use of Swanny City Park as presented. Recommended Motions: "I move to approve the Special Business Event License for the Moab Charter School Field Day" and "I move to approve Special Use of Swanny City Park for the Moab Charter School Field Day." Attachment(s): Special Event License Application Special Use of Swanny City Park Application Supplementary material submitted by the applicant Agenda J:AAgenda Draft Documents\04-26-2016\SPECIAL EVENTS VENDORS BEER LICENSES\Agenda Summary Sheet Charter School Field Day 2016.docx Page 37 of 105 DATE PAID: AMOUNT PAID: RECEIPT NO.: Can of MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET Mom], UTAM 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $90.00 LICENSE #: ZONE: NAME of EVENT: iVloo,p 0_,Yaf-yq- 11.4 DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: N+e,S cAtnrio-tn,rcy W t11 Lela, t ouAcio'c Lr wui s (-46 it 61.1-1040fI.1 `ell/6-- CAN) _P% se -,Li cs_i ea_. TEMPORARY STRUCTURES TO BE USED (IF ANY): Ark I A - DATES) AND TIME(S) OF EVENT: N ANTICIPATED # OF EVENT PARTICIPANTS: �V 5 cg6g-rk 2_0114 1 k .• 0 AM -- 125 - 145 1: vPM EVENT SPONSOR S NAME: H.j ' SPONSOR'SADDRESS: . � CITY: i!"la-th SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: PHONE: rS-9 '-'2- 2 7- STATE: V r ZIP: 01: ATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF DR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST SE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IIWE 1/U6(6'6 f'L�ASE PRN r-NAMEtS, HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB CITY SPECIAL EVENT 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. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. zza Signature or Sponsor State of Utah ) l County of Grand ) SUBCRIBED AND SWORN to before me this NOTA: ' PUBLIC Agenda SS /2'lf)1/ �O oaie day of ��reiV\ (90I(S =ra.o 1 04 CHANTELL WYNONA MURPHY I ( % . Notary Public BIM of Utah ...� Comm. trio. 68090 t fly Ca p.tapk„ Jan 7. 2020 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 38 of 105 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF O APPROVED O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: O APPROVED O DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Rev. 3/30/2016 Agenda Page 39 of 105 MOAB 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: 1.¢-44,A ,� (�Ci�islj Name of Organization and Event if applicable: 1-1696t.-102 Address: 354 - 3e17 S j -Lc7c�-fir "T S4 5-3 -2_ Day Phone: 2'51 Email: —t=",..M.Hil �a-!'5cG�>f~ • OI' Proposed Park Usage Information 111.11160141. Which park to you intend to use? Swanny Park: )<- Other (please indicate name of park; Please indicate the proposed dates and times of use: Proposed Start Date: + Start Time: 1 i • �pm End Time am� Proposed End Date: 1"t Start Time: am/pm End Time. am/pm 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: �Number of spectators that you expect: 2 D Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Will amplification be required for your event? Yes No Please specify any electrical needs for your event: 1•-1 t A Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. Agenda PLEASE COMPLETE OTHER SIDE rage 40 0 105 Page 10 of 26 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No, For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security -e..4-1,6 / or crowd control measures you plan for use of the park: 5+ � Lt.„9-1, (,c 1-(aN/ -cam t� c.,./it, L. t~ For groups over 100 people, please describe your refuse control and recycling plan: S s-f-49L. 2 (A-7" Lt Pir Please describe your c an -up plan during and after the event: 0(40) f/C-1 ke- frupv-Lotte,0 5649,00-t_. Please describe your restroom facility plan: Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes 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 cons attached to this permit. f Signature of Contact Person: `mil '='L� Date: I 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 Agenda Page 41 of 105 Page 11 of 26 Swanry Park 100 North Street Aquatic Center Park Zia? 6 Covered Picnic Tables � 100 50 0 [1 N SCALE 100 200 1" = 100' FEET 100 !Nest Street To Main St. One Block a ---a Agenda Page 42 of 105 Page 12 of 26 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING:���� MOAB CITY CODE: P - Q1 • g.3,0 SIGN PERMIT: r v )0 1 f LV MOVED -ON NECESSARY: ❑ YES ki NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: 1 Vrak\ s�cr�rur� DATE: k ' w NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: 1" 10AV 01414-1Z01-0v 2,efk6f9.1 PHONE: t f 6'- f Z Z 1~3 Crn+: I /I/) STATE: ZIP: (J js--J Z NAME OF EVENT: f4tgike C4-044 - CC 1Z--. S aN2510.1.- L . LOCATION OF EVENT: pe-'ii{/i._ ZONE: 219, U' T c,I.A li LY V1AT -;° 1 L (9-(A-9'1 ):--12-5 51,0-1 M)4 (1 J,L) S1 DETAILED DESCRIPTION OF SPECIAL EVENT: P(9r,. 1`-i "C NsuS k ` `- 1.)--96C5`( . F, 1,4 iLe 40 Lam``, �C `-6 Li-f,I.er__ arz. � F-1-.,t.i-, ►6' C '' -c tz-t CitQ--S , Lk_.? I,DC� til.-9-1. L I 62 Pr-O-CLA- 11- 11 o i it bLe6 t'ULI r UiLt-4/4_, ;1 : , ip a,* W-30, 61-1..342- y) �. --- - - - Agenda Page 43 of 105 06/16/05 dedicated to academics, arts, and ecceftence- Apri16, 2016 To: Moab City Council From: Moab Charter School RE: Fee Waiver for use of Swanny Park 358 East 300 South, Moab, UT 84532 435-259-2277 ph • 435-259-6652 he moabchorteregmail.com • www.moabcharterschool.org The Moab Charter School would like to use Swanny Park on Monday May 23, 2016 for our field day. We will be at the park from 11:00- 2:00 holding field day activities and eating lunch. We will clean up our own trash and leave the park in good condition! Because we are a very small, public school, we are requesting a fee waiver to use the park for the three hours on May 23, 2016. Respectfully submitted, Emma Weiss Director Moab Charter School Agenda Page 44 of 105 City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. Page 45 of 105 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING / May 26, 2oi5 / Agenda item #: 6-4 Title: Approval of a Special Event License and Special Use of City Parks for Rule the Rocks Skate and BMX Competition Fiscal Impact: There will be little to no fiscal impact to the City for this event. No City services are being requested. Special Event and Park Use Permit fees should cover any costs associated with this event. Staff Presenter(s): Carmella Galley Department: Recorder (for Special Events) Applicant: R&R Partners Background/Summary: In the past, this event was sponsored by the City of Moab in conjunction with the State of Utah Health Department's Tobacco -free Communities Grant. It is a bicycle and skate competition that is held at the City Skate Park. In addition to the competition, the event will provide information about the dangers of smoking to the target audience. The City's sponsorship in the past was paid for by this grant, which the city no longer receives. The Health Department is now the program sponsor. Given that this was previously a city - sponsored event, the City has reviewed and approved all participant waivers. The State of Utah has adequate insurance coverage as well. This is a not for profit event. The event is typically very well attended by local youth. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license. Recommended Motions: (1) "I move to approve a Special Event License and Special Use of City Parks for Rule the Rocks Skate and BMX Competition " Attachment(s): Application materials JAAgenda Draft Documents \04-26-2016\SPECIAL EVENTS VENDORS BEER LICENSES\Agenda Summary Sheet Rule the Rocks 2016 docx Agenda Page 46 of 105 DATE PAIR: AMOUNT PAID: FZEcorxr No.: Fr 6,0 CITY of MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET Mona, UTAH 54532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB special_ Evan -FEE: $90.00 LICENSE IT: ZONE: NAmEoFEvan.: EA) le_ -11A-I rL o t }L S ' S1+-cal-tbo carol_- {N11( Cow—pR±--) 1-i off DESCRIPTION OF Ewan FriZ 5IL.c`4t._ 4.. (3 MI � w..�e+, f-, a v. w IT+% a-+n - 4-c i,c_ (do kf--,4 [ 1 of e LOCATION OF EVENT: S W (_h � AY Pek_ r 1L S !tom ft P Cn PREMISES TO BE USED: S tL n..k. 'Pt.-r IC e. S wQ.atih Y P� t[ TEMPORARY STRUCTURES TO BE USED OF ANY): (tl j 1' d � tA>Tr1 � W [ El � aVa rr +Un� 5 NATE{S) AND' WEN) OF Emir: rn�a , N/L e, y 70". , 7, al, 3 - 7 T vvI ANTICIPATED# OFEYENTPARTICIPANTS: )7 J EVENT saORsoR'sNNE: UN& Vc,pGli-w-tAxi 4 Ns() I n ' TP CP //0 24- 2 /6-e- tur NONE I • lr X 77 SPONSOR'S ADDRESS: 12,4 (L I Pi") E , u1-14 T{,u y)1 � CRY: SL G STATE: Ur ZIP: Ft 110 'Y SPONSORS DRIVER LICENSE NUMBER S STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURRY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATioN FORA 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 IM1HOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OFAUCENSE WILLBEDELAYED. wiE lfii 2t 4c t-v�trS HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB K.FALE PWe' HA M' CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES MID RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION Wit;'• D HEREIN IS TRUE. INdE UNDERSTAND THIS LICENSE 1S NON- RABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SP State D Ut ) ) S County G -nd ) SUBCRIBE AND SWORN ID before me thisVV\ day of 3frh(Lr' + 1 (P YASIANE NII9AMURPHY Notary Pudic -State oI fhah Doornisfon ! 695568 MyCortrnisslon Expires ocaber 22 2019 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! /44 s,•t Agenda Page 47 of 105 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF Cl APPROVED Cl DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED O NO O YES AGENDA DATE: O APPROVED O DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Agenda Page 48 of 105 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE UUS[� USE ONLY G PARKING: ��/ji N61 MOAB CITY CODE: , )II SIGN PERMIT: Pg3v 1 r-tip MOVED -ON NECESSARY: YES *\10 REQUIRES PLANNING COMMISSION APPROVAL D YES REVIEWED BY ZONING ADMINISTRATOR: DATE: l 1` - N uChftiPR7 TZru � �c -c c�ltl%0.t�N -�i'P 5. NAME OF APPLICANT: �jl b ' R'� �L f Crr 4-"As- S APPLICANTS MAILING ADDRESS: O3'7 fir- .SDv"i&I �plG CITY: S` r; PHONE: �f 1,���� < (on7 ✓ STATE: ! LP: Cj-D- NAME OF EVENT: l G V1e..._ -'(i,..1_ T-Lpe 1--S ` LOCATION OF EVENT: J I/ -I tLw ✓1 v C I � 1) hf IC - J I[- Ci-f - p 6-,- k 1 ZONE: J k.a_A-t.pG.C'� 2(,t,l� " �' sTe_u exT4.0 DETAILED DESCRIPTION OF SPECK EVENT: 344 S I(.L ,Sit 04_6O_rQ{ . arm (p MI b OG7 ; 2U ire, -n/uL 2nLIt S 45 a Unig{e. 0 plvfvvA-t ill Cr a-4-14'-176‘LGoo f ?C-Lf'a-eiS71 +b r7. �C in a f - 6 S tc._o v LiL 41„ c.-± a i r co\ root\ k .Lst! • We_ 0 s o tt_ll1 Lut.U--� -P " Ltbui'k. 1rrtir r 15 . WC 1)Q 2-4• pop--vp 1 t.-11 4 SGwcP aitipfiRcit p& fir, LI vvi , Se - or, -z,,(--i-S a--i- 3 0o pm 41,0t.. file_ tui,f,e1-- iv t2 S F'bwt � � AWL • W_ (.lea-tn rI�cl�e� _?'��il./ fr_.� Gt_ . i.- 06/16/05 Agenda Page 49 of 105 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 11001111111610111MOINikagabag. : Applicant Information Name of Person Responsible for Use of Park: 1419 e_ (f Q e t ie r Name of Organization and Event if applicable: U 14_Ir7 Pefrr4 lit-tev f 1b_.l : 7PG- P a •E.- Address: Q w t 83-7r;. Snv7►.. "%,,�.- t� � 5 Z � r f17 �' S I Day Phone: %Ot' S31. Y17 Email: be.C{a_• 54--a-1e�f"Lrrep rvtz.rS Proposed Park Usage Information ... .. 11111.111111111111111.10117 Which park to you intend to use? Swanny Park. !\ Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date: iMc^-Y 701'- p4 Start Time: am/ai End Time. Z am/C) Proposed End Date: Start Time: am/pm End Time. am/pm 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: S Number of spectators that you expect: (5 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: SizWvdard- ,ILT-cAck.4),.1cd. ?op -u? ItAAs Will amplification be required for your event? Yes K No /, Please specify any electrical needs for your event: act/ 5I �o Dita S"A-4-d-r-rd cleG'fY7 CulC o,lf�� Please describe the parking and traffic plan for your event. devices, use of volunteers, etc. should be described. W o a+ fi, a v\pQ r r 1 c i Ct nrnct e If you anticipate any street closures for your event, please diagram. 1 iA Location of parking, signage, traffic control i C i or -0 O l u ft fr f ixA / 1 be Kelt S f GYM describe below, and show on the accompanying �f PLEASE COMPLETE OTHER SIDE Page 10 of 26 Agenda Page 50 of 105 Do you intend for the park to be open to the public during your event? Yes No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures you plan for use of the park: No X For groups over 100 people, please describe your refuse control and recycling plan: /n Please describe your clean-up plan during and after the event: r `'ORATC_-h I C.V.-tA1 LA)) utup V1Ctue_ H7�5vi Please describe your restroom facility plan: �/ immiimmimiaiii._ Other information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: iLu fLvIt-n,t_TT 4(-1GI Gvvt).4Thc hv1 t In.,_.ka ra�vty�y r� 11 9 S'/I'op� c4; (10 tiA S�1-l'�u A--f U�-h � S I � ��nr41/JAI inr rIao tf� `�' Sh K as hPe- `l°' cr-bu 41,AL. �o c� t�5 0 -iobc_t_t Ns a � —)ur; (`o vu ot, r +, v IL hcme.Fd � ,�� /} C? v1 CMG n Vcx, c� t`�du cick rc o f �ob 0-c cPlease specify an describe other community or city facilitiet you plan to use: >a/ k Have you applied for a Special Event Permit for this use? Yes 6 ' No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes 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: �/fp. Date• 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 11 of 26 Agenda Page 51 of 105 Swanny Park 400Non» Street Aquatic Center IRt. rooms Outdoor Swimming Pools Playground 6 Covered Picnic Tables Park Dr%ve 3 Picnic Tables }� 100 50 0 100 200 SCALE 1„ _ 100, FEET Page 12 of 26 y 0 To Main St. Dne Block a —a L Agenda Page 52 of 105 Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 175296 Receipt Date: 04/14/2016 Timestamp: 04/14/2016 03:00 PM Payor: RULE THE ROCKS SKATE & BMX COMPETITION RULE THE ROCKS - MAY 20, 2016 1032160 FLAT BUSINESS LICENSES RULE THE ROCKS - MAY 20, 2016 - PARK USE FEE 1036200 PARK RENTALS RULE THE ROCKS - MAY 20, 2016 - DAMAGE DEPOSIT 1036200 PARK RENTALS 90.00 25.00 100.00 $215.00 Credit Card - XBP $215.00 Tendered Amount: Cash Back: Total Applied: $215.00 $0.00 S215.00 Agenda Page 53 of 105 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 26, 2016 Agenda Item #: 6-5 e Title: Granting of Local Consent for a Limited Restaurant Liquor License for Patcharawadee Prucktrakhul, d.b.a. Arches Thai Inc. to Conduct a Restaurant at 6o North Zoo West Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Treasurer Applicant: Patcharawadee Prucktrakhul Background/Summary: This location has been previously licensed as a restaurant and has experienced a change in ownership. The applicant was previously granted local consent for Full -Service Restaurant Liquor License on February 23, 2o16. The applicant is instead applying for a Limited Restaurant Liquor License with the state of Utah. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: "I move to approve item #6-5 " Attachment(s): Local Consent Form 1 Agenda Page 54 of 105 LIMITED SERVICE RESTAURANT LIQUOR 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 (if applicable). AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 MOA `/ pQ City [ ]Town [ J County ant liquor license to: Local business license authority hereby grants its consent to the iss n e of a li�.ited se r Business Name (DBA): �q�q is re EntityBusiness Owner: Location Address: ON q q���� 1 / ' f � 'WI 1 l� C� Li pp° - j� 1' t 1 '' ► j�(Applicant l 1 v L 10 In.) M,Oilb UT- 8' 1 2- Authorized Signature Name/Title Date LOCAL CONSENT FOR In accordance with Utah Code 32B-1-202, the local authority proximity of this establishment relative to a public or private or park. PROXIMITY also school, VARIANCE grants consent to a variance regarding church, public library, public playground, the Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is also acceptable. The local consent must be submitted to the DABC by the applicant as part of a complete application. Agenda Page 55 of 105 r. / AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 26, 2o16 / Agenda Item #: 6-6 / / Title: Granting of Local Consent for a Limited Restaurant Liquor License for Jorge Ordonez-Hernandez, d.b.a. El Charro Loco Located at 812 South Main Street Fiscal Impact: none Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder/Treasurer Applicant: Jorge Ordonez-Hernandez Background/Summary: This location has been previously licensed as a restaurant and has experienced a change in ownership. Local Consent was granted on February g, 2016 for a Full -Service Restaurant Liquor License, however the applicant is instead applying for a Limited Restaurant Liquor License with the state of Utah. This local consent does not change the licensing required by the City. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: "I move to approve item #6-6" Attachment(s): Local Consent Form Agenda Page 56 of 105 LIMITED SERVICE RESTAURANT LIQUOR 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 (if applicable). AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 Moo , 0 City [ ] Town [ ] County Local business hereby grants its consent to the Business Name (DBA): license authority issuance of a limited service restaurant liquor license to: l CLAt td L._.60 Applicant Entity/Business Owner: Location Address: - (c?'• c� V 0rim Or.Jor /, - \-\erANA1-- Mai t n Si - 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 Name/Title Date This is a suggested format. A locally produced city, town, or county form is also acceptable. The local consent must be submitted to the DABC by the applicant as part of a complete application. Agenda Page 57 of 105 MOAB CITY COUNCIL MEETING APRIL 26, 2016 PL-Ifi-33 Agenda ltem $#: ]-1 Title: Second reading of Ordinance #zoi6-o2 with amendments as Requested by Council for the Restrictions of Bed and Breakfasts and Removing them from the R-z Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Background/Summary: The attached draft ordinance has incorporated the changes requested by Council. Those changes include: 1. Removal of B&Bs from the R-2 Residential Zone; 2. Restoring the public hearing at the Planning Commission; 3. Adding downward directed to the lighting requirements; 4. Including a new provision for off-street trailer parking; 5. Increasing the proposed delay in time for a bed and breakfast application for a new home from two to five years. At the meeting on March 8, 2016, the ordinance was tabled until further notice based on the outcome of specific legislation to curtail the business license and review powers of local jurisdictions that had been introduced in the state legislature. The bill is on hold, languishing in the interim between legislative sessions. Below is a current list of bed and breakfasts and their corresponding zone location. Agenda Page 58 of 105 EXISTING BED AND BREAKFASTS NAME/LOCATION ZONE NUMBER OF UNITS OWNERSHIP Location Year Established ADOBE ABODE 778 Kane Creek Blvd RA-1 6 Individual Through street 2001 ARCHES 100 ARCHES DRIVE R-2 5 Individual Cul-de-sac 2016 CALI COCHITTA B & B 110 South 200 East C-1 6 LLC Through street 2000 THE LAUNCHPAD 590 North 500 West R-2 6 Individual Through street 2013 THE MAYOR'S HOUSE B&B 505 E Rose Tree Ln R-2 6 Partnership Through street Late 1980s/early 1990s SU CASA INN 310 E 100 N R-3 1 LLC Through street 2011 SUNFLOWER HILL, A LUXURY INN 185 North 300 East R-3 6 Individual Dead end with secondary access 1989 SUNFLOWER HILL, GARDEN COTTAGE 147N 300E R-3 6 Individual Dead end with secondary access 1992 SUNDIAL B&B* (Red Valle Homes) 257 SUNDIAL R-3 - Individual Through street 1995 *Business license renewed annually but property not used for a b&b Agenda Page 59 of 105 i ORDINANCE #2016-02 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 17.09.530 B AND 17.09.531(9) BY AMENDING THE CONDITIONS FOR THE APPROVAL OF BED AND BREAKFASTS AS A CONDITIONAL USE 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 dealing with conditional use permits and that the Code is lacking concise review criteria that can be applied to individual conditional uses; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on , _ 2015, 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 #201,5-08 in a regularly scheduled public meeting held on 201�5, to hear and decide the merits of the proposed change to Chapter 17.09, Definitions, 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 #2010-13 and repeals the following Chapters in the Moab Municipal Code and holds them in reserve: AND, FURTHERMORE, Council adopts the following table and text as an amendment to the language found in Chapter 17.09.530, Conditional Use Permits. 17.09.530 Conditional use permits. B. Conditional Use Matrix. CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SARMH/RV FC 1 RC I B&B /rooming or boarding house (9) - C C Deleted: 0 Deleted: 0-13 Deleted: 0 Agenda Page 60 of 105 i C. Pre -application Conference. Prior to the filing of a conditional use permit application, the applicant shall meet with the planning department to become acquainted with the requirements of the city. At such meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer, architect or surveyor. D. Submittal Requirements and Applicant Responsibilities. At least thirty days prior to the review meeting held by the planning commissions the applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the planning department shall also be accompanied by or show the following information: 1. The street address and legal description of the property affected; 2. Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed; 3. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council; 4. Each applicant shall provide proof of delivery of written notice to all property owners adjacent to the property where the business is to be located. Adjacent properties shall be defined as all properties whose external boundaries are located within one hundred feet of the external boundary of the lot on which the business is to be located; and 5. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a signed notarized letter from the owner agreeing to the proposed conditional use is required. E. Enforcement. The zoning administrator shall be authorized to enter and periodically inspect all permitted premises for compliance with this section, applicable conditions, and applicable building, fire and health codes. 1. Prior to instituting any enforcement action for violations of this code, the zoning administrator shall deliver written notice of the violation to the permit holder. The permit holder shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 2. Any violation not corrected within the abatement period may, at the option of the city, be subject to administrative, civil, and criminal enforcement. The city may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the city shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable conditions of approval. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The city shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. 3. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the license or this section may be subject to a conditional use permit revocation, as provided by Chapter 5.04 of this code. 5. Persons operating a conditional use subject to this section without the required permission of the City of Moab, or is in violation of Chapter 5.04 are subject to all remedies and penalties specified in this section. 6. Any approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery [of] written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the planning commission by delivering notice of appeal within fifteen days of the notice of revocation. Appeal of any decision made by the planning commission may be made to the appeal authority as per Chapter 1772 of this code. Agenda Page 61 of 105 i F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection H, below. 1. Public Hearing Required. The Planning Commission shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. The notification requirements shall be followed as listed in Section G below. 2. The criteria listed in subsection H, below, shall be used to evaluate the proposal. 3. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The City Council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The City Recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. In accordance with state law, the applicant shall adequately demonstrate that the criteria have reasonably been met: 1 The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional Agenda Page 62 of 105 i use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab Planning Department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1 Any person, adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 12-09 (part), 2012; Ord. 12-05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following conditions: Agenda Page 63 of 105 1. Bed and breakfast facilities, may be allowed as a conditional use where applicant can show evidence of reasonable compliance with outlined standards and procedures and where there is minimal impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation, and in no case shall a bed and breakfast be located on a cul-de-sac, dead end street, or a zoning lot with a street frontage of less than fifty (50) feet. 2. There shall be a minimum perimeter separation of three hundred (300) feet between property lines of bed and breakfasts. 3. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. A new structure shall not be constructed solely for the use of a bed and breakfast and a property owner may not apply for a bed and breakfast for a period of five (5) years after the date of receiving a Certificate of Occupancy. Bed and breakfast facilities shall be located in an existing structure that is a minimum of 2,000 square feet in size. Additions to an existing structure for a bed and breakfast use shall not exceed twenty (20) percent of the total area of the existing structure. 4. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off- street parking space per rental bedroom) in addition to needed parking for owners of the facility, A maximum stay shall not exceed thirty days, and meals shall be served only to guests. One off-street parking space for trailers must be provided per every 2 off-street parking space for vehicles. 5. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 6. No bed and breakfast facility shall rent for compensation more than five rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 7. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 8. Signs are limited to one non -flashing sign not larger in area than four (4) square feet. If lighted, the light shall be diffused or shielded and downward directed. 9. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 Agenda Page 64 of 105 i 10. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 11. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. C. Appeals. Approval or disapproval of a bed and breakfast application by the City Council can be appealed to District Court within thirty days of City Council action. Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on 2015. ATTEST: Rachel Stenta, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department \2015\ordinances \#2015-08la.docx Agenda Page 65 of 105 o; .00 �' MOAB f / AGENDA SUMMARY CITY COUNCIL MEETING April 26, 2016 1 PL-I8-64 Agenda item #7-2 Title: Consideration and First Reading of Ordinance #2o3.6-o3 Approving a City Initiated Rezoning of Property Located at 110 South zoo East in the C-z Zone to C-2 and Amending the Official Zoning Map Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: City of Moab Background/Summary: The city is initiating this application to rezone the property located at 110 South 200 East (Cali Cochitta). The action is necessary to correct a spot zone situation and provide continuity of the adjacent C-2 zone as shown on the Official Zoning Map. The governing Moab Municipal Code (MMC) section is 17.04, Zoning map amendments and text amendments. As per MMC Section, 17.04.010, Initiation of zoning change, "...the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code." This application has been submitted by the Planning Department to the Commission at the request of the City Council. The property is located in a C-1 Zone that is, in effect, a single lot "island" of the C-1 district abutting the C-2 on the West and the R-3 Zone on the north, east and south. The parcel is the original Lot 4 platted in 1902 as part of Block 8 of the Moab Townsite and the current use is a Bed and Breakfast. Rezoning the property to C-2 will still allow the short-term rentals to remain as "lodgings" with an on -site manager present. Cali Cochitta has been in business as a bed and breakfast for a period of 16 years. The property is zoned C-1 and BNB's are an allowed use if they adhere to the conditions of the bed and breakfast regulations (no hearing required). The property is developed with a 19t" Century home consisting of 3 rooms, a suite, and the kitchen. The home will sleep up to 11 guests. Two cottages are also available and provide lodging for an additional 5 guests. Parking is ample with space for up to 10 spaces. With a full vacancy, Cali Cochitta allows up to 16 people to stay in the rooms. Currently, an innkeeper is on site and available for after hour check -in once the office is closed for the day. The property is 15,246 square feet (.35 acre) in size and the building consists of 3,427 square feet. Outside amenities include a large front yard area on the corner near E 100 South and S 200 East, and an expansive interior outdoor courtyard that is partially surrounded by the buildings. Current staff consists Agenda Page 66 of 105 of the two business owners and two additional workers. Hours of operation are from 8:00 am to sometimes 9:00 pm depending on late check -ins. Surrounding uses include the City owned Center Street Ball Fields to the northeast, multi -family residential uses to the north across East 100 South, Central Utah Insurance to the west, WabiSabi to the southwest, and residential uses to the east side of 200 East Street. To the south and adjacent to the Bed and breakfast is Rancho Fandango, a 3 unit (2 bedrooms/unit) vacation rental business. On April 14, 2016, the Planning Commission held a public hearing on the application and in a 3-0 vote favorably referred the zone amendment to City Council. Planning Resolution #2016-03 is attached for your convenience. The Planning Commission must state their findings of the ability to meet the criteria as stated in Sections 17.05.040 and 17.04.050, below. Options: The City Council can: 1. Establish a date for a public hearing. (This action is optional for Council under MMC 17.04.100, Action by city council.) 2. Adopt Ordinance #2016-03 as written and approve the rezoning of 110 South 200 East from C-1 to C-2 zoning and amend the Official Zoning Map; 3. Vote to not adopt Ordinance #2016-03 and state their reasons; 4. Table the vote on the resolution until a later date and request additional information Staff Recommendation: Staff agrees with the Planning Commission and recommends that the City Council adopt Ordinance #2016-03 to change the rezoning of this property from C-1 to C-2 to Council and amend the Official Zoning map. Recommended Motion: I move to adopt Ordinance #2016-03 to approve rezoning 110 South 200 East from C-1 to C-2 and direct staff to amend the Official Zoning Map. Attachment(s): Ordinance #2o1.6-o3 Aerial Agenda Page 67 of 105 Discussion/Process 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. Chapter 17.21.010 A, describes the C-2, commercial -residential, zone as an area that would "facilitate the development of attractive areas within the city that allow the mixing of compatible commercial and residential uses and facilitate the orderly expansion of commercial uses out from the central commercial district." Approval of the application will support the present commercial use that has been in place on this property for a decade and a half. The lodging use is a good fit for this location and the neighborhood. Uses allowed in the C-2 Zone include: C-2 Uses Retail, convenience and wholesale establishments (less than three thousand square feet) Office buildings, clinics and utility buildings Assembly of appliances from previously prepared parts (indoors); Eating establishments less than two thousand square feet Service enterprises One -family and two-family dwellings, apartment houses and court apartments Fraternity organization lodges Funeral establishments, mortuaries and churches Gymnasium or physiculture establishments Home occupations Lodging establishments less than 10 units Commercial parking lots Signs Rest homes and day care centers Green houses and nurseries Pet shops veterinary clinics art and craft shops taxidermy shops electrical appliance shops (wholesales) plumbing shops carpentry shops hardware stores electrical retail stores river running companies Agenda Page 68 of 105 Bakeries stone and monument sales establishments engraving and printing establishments secondhand stores Code Chapter 17.04.040, Zoning Map Amendments, contains criteria for the Planning Commission and Council to apply to rezone requests: Review of Criteria Chapter 17.04.050 states, "For the purpose of establishing and maintaining sound, stable and desirable development within the City of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: 1. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the City's General Plan. This was a "spot zone" when adopted and at the time, the state legislature was not as concerned about spot zoning as it is currently. SpOt zoning 2. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. 3. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the City's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. Map Amendment Approval Criteria. According to Chapter 17.04.060, the Planning Commission and City Council shall consider the following criteria in reviewing a proposed map amendment. The applicant has addressed the following standards in her application to the City. 1. Was the existing zone for the property adopted in error? 2. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? 3. Is there a need for the proposed zoning within the area or community? 4. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? 5. Will benefits be derived by the community or area by granting the proposed zoning? Agenda Page 69 of 105 6. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? 7. Does the application conform to the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Decision to rezone must be based on the General Plan as well as the Moab Municipal Code (MMC). The Plan states, "All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan." It also goes on to say "...that all new zone changes [must] conform to the General Plan" and that they be done in a manner "necessary to protect the health, safety, and welfare of the community and work to preserve the natural environment and character of a small-town community." A rezone is logical when viewed in the light of the types of uses on surrounding properties. It also makes sense as a logical extension of the C-2 Zone and agrees with the goals of the General Plan. Chapter 17.04 ZONING MAP AMENDMENTS AND TEXT AMENDMENTS 17.04.010 Initiation of zoning change. Any person having a proprietary interest in any real property may submit an application for a zoning map amendment or a zoning text amendment, or the planning commission can, on its own motion or on request from the city council, propose, study, and recommend changes to the official zoning map or the text of the Land Use Code. All costs associated with publication and notification requirements are the responsibility of the applicant. (Ord. 08-03 (part), 2008) 17.04.030 Zoning map amendments. Purpose. The purpose of a zoning map amendment shall be to alter, enlarge, or reduce the geographic extent of any zoning district, or to enact a new zoning designation for any particular tract of real property. (Ord. 08-03 (part), 2008) 17.04.040 Application for zoning map amendment or text amendment. A. Any person having a proprietary interest in any real property within the corporate limits of the city may request a map amendment or text amendment by filing three copies of the application for such change or amendment with the zoning administrator. The application shall, at a minimum, include the following information: 1. The name, address, and telephone number of the applicant; 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred feet in all directions of the subject property boundary; 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; Agenda Page 70 of 105 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned by the applicant. B. Pre -Application Conference. Prior to the filing of an application for a map amendment or zoning text amendment, the applicant shall meet with the planning department to discuss the proposed application. At the pre -application meeting the application contents, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer or surveyor. Applicants are encouraged to submit a conceptual site plan at the pre -application stage. C. Modifications of Submittals. City staff shall be authorized to waive or modify application submittal requirements as reasonable necessary to address the attributes of a specific application. (Ord. 08-03 (part), 2008) 17.04.050 Map amendment policy declaration. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, zoning map amendments are to be discouraged. Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's general plan. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's general plan, and that such change will be consistent with the policies and goals of the plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008) 17.04.060 Map amendment approval criteria. The planning commission and city council shall consider the following criteria in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? C. Is there a need for the proposed zoning within the area or community? D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? E. Will benefits be derived by the community or area by granting the proposed zoning? F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? G. Does the application conform to the provisions of the Moab general plan, the Land Use Code, and applicable agreements with affected governmental entities? (Ord. 08-03 (part), 2008) 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Agenda Page 71 of 105 B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? C. Is the amendment consistent with the policies and goals of the general plan? D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city council. The recommendation of the planning commission shall be transmitted to the city council and to the applicant within ten days of the recommendation. C. City staff may provide a staff report, which shall be provided to the applicant no later than three days prior to the public hearing or public meeting before city council. (Ord. 08-03 (part), 2008) 17.04.090 Notification requirements for planning commission public hearing. A. The city shall provide notice with respect to the planning commission public hearing describing the real property subject to the application order under this chapter; the present and proposed zoning; and the time, date, and location of the hearing as follows: 1. By publication in a newspaper of general circulation within the city at least fifteen days prior to the hearing; 2. By mailing to the applicant, affected entities, and real property owners abutting or located within three hundred feet of the subject property at least ten days prior to the hearing; and 3. By posting on the city's official website and in at least one public place within the city, which notice shall also include a map showing the land area proposed for rezoning. B. Property Posting. In addition to the notifications by the city, the applicant shall post signs, in a form acceptable to the city, noticing the public hearing in at least one location every five hundred feet along the perimeter of the land area proposed for map amendment at least three days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place of the public hearing; and contact information for the zoning administrator. C. Exception for General Amendments. When a zoning map amendment or text amendment is incidental to, or part of a general revision of the official zoning map or the text of this Land Use Code, whether such revision is made by repeal of the existing zoning and/or land use regulations and enactment of a new zoning and/or land use regulations, or otherwise, posting notice on the land area subject to the amendment or mailing to affected property owners or adjoining property owners is not required. (Ord. 08-03 (part), 2008) 17.04.100 Action by city council. A. The city council may authorize any zoning map amendment or text amendment by ordinance adopted at a public meeting, which shall be held promptly following receipt of the planning commission recommendation. B. Notice of the public meeting shall be given to the applicant and by posting in at least one place within the city and by posting on the city's official website at least twenty-four hours prior to the meeting. C. In its discretion, the council may elect to receive testimony or evidence from the applicant, city staff, and the public prior to taking final action on the ordinance. Agenda Page 72 of 105 D. The approval of a zoning map amendment or text amendment is a legislative decision, which is committed to the discretion and judgment of the city council. (Ord. 08-03 (part), 2008) 17.04.110 Appeals. A. Any person adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. B. An appeal or any other judicial action arising from, or seeking review of, a decision by the city council under this chapter must be filed no later than thirty days from the date of the final decision or action that is the subject of the action or legal claim. Any action commenced beyond that time is barred and shall be subject to summary dismissal. C. Review of any zoning map amendment or text amendment application shall be based upon the record of proceedings before the city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 08-03 (part), 2008) 17.04.120 Processing matrix. This matrix shall be amended to delete review procedures for "similar use" review and to include the following: Application Advisory Body Land Use Auth. Appeal Body Pub. Hearing Map amend. Planning Comm. City Council Text amend. Planning Comm. City Council Dist. Ct. Dist. Ct. Yes, P.C. Yes, P.C. C-1 C-2 Retail establishments, wholesale establishments and craft shops that are less than three thousand square feet (wholesale establishments with stock on premises (excluding establishments whose principal activity is that of a storage warehouse); retail establishments excluding convenience stores, service stations and other similar drive -through and high traffic uses) Retail, convenience and wholesale establishments that are less than three thousand square feet (wholesale establishments with stock on premises but excluding establishments whose principal activity is that of a storage warehouse) Office buildings, clinics and utility buildings excluding service yards and drive -through services Office buildings, clinics and utility buildings excluding service yards and drive through services One- and two-family dwellings, apt. houses and court apartments -conditional use One- and two-family dwellings, apt. houses and court apartments Funeral establishments, mortuaries and churches Funeral establishments, mortuaries and churches Gymnasium or physiculture establishments Gymnasium or physiculture establishments Home occupations (adhering to the conditions of the home occupation ordinance) Home occupations (city council approval not required) Bed and breakfast facilities (adhering to the conditions of the bed and breakfast ordinance) Lodging establishments (under ten units) Schools, hospitals, public buildings and public parks Schools, hospitals, public buildings and public parks Signs Signs Rest homes and day care centers Rest homes and day care centers Greenhouses and nurseries Green houses and nurseries Banks and credit unions Service enterprises Agenda Page 73 of 105 C-1 C-2 Pet shops, veterinary clinics, art and craft shops, taxidermy shops, electrical appliance shops (wholesales), plumbing shops, carpentry shops, hardware stores, electrical retail stores, river running companies, bakeries, stone and monument sales establishments, engraving and printing establishments and secondhand stores Planned unit developments Assembly of appliances from previously prepared parts (contained within a building) Drive -up windows as a conditional use for financial institutions. Fraternity organization lodges Ground floor apartments residential use -conditional Parking lots (commercial) Agenda Page 74 of 105 ORDINANCE #2016-03 AN ORDINANCE AMENDING THE ZONING FROM C-1 TO C-2 ON PROPERTY LOCATED AT 110 SOUTH 200 EAST AND AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP WHEREAS, the City of Moab (City), a Utah municipal corporation with offices at 217 East Center Street, Moab, Utah 84532, on behalf of Kim and David Boger ("Owners") of the Cali Cochitta Bed and Breakfast at 110 South 200 East, Moab, Utah, initiated an amendment of the Official Zoning Map for the property located at 110 South 200 East, Moab, Utah, or more particularly described as Lot 4, Block 8 of the Original Townsite; WHEREAS, the .35-acre property was spot zoned as C-1, Commercial -residential, to create an isolated single property to allow the use of the bed and breakfast; and WHEREAS, the City desires to eliminate the C-1, Commercial -residential, spot zone of this property and make it contiguous with the C-2, Commercial -residential, Zone; and WHEREAS, currently, the property is developed with a bed and breakfast that is conditionally allowed in the C-1, whereas, the C-2 Zone allows lodging businesses with less than 10 units as a use by right and the property owner is not required to remain on the property; and WHEREAS, the City has submitted to the Planning Commission ("the Commission") an application for a zone change with the necessary documents and exhibits; and WHEREAS, the Commission reviewed the character and objectives of the C-1 and C-2 zones, and the allowed uses in each zone and determined that the amendment to the zoning map will continue to function as a buffer between the commercial area and the R-3 Multi -family Residential Zone; and WHEREAS, the Commission agrees with the City Council that there is value in removing this spot zone and continuing the continuity of the C-2 Zone on the subject property and concluded that the change in the zoning for this property was an acceptable amendment to the Official Zoning Map; and WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on April 14, 2016, to review the proposed zone change and through adoption of Planning Resolution #05-2016 favorably referred the application to City Council with a 3 -0 vote; and WHEREAS, the Commission determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A. The existing zone for the property was adopted in error, B. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the existing development have been mitigated, C. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, D. The residential uses to the east will be buffered from the commercial development by the width of 200 South and the existing landscaping on the property, and E. The City's application conforms to provisions of the Moab general plan and the Land Use Code. WHEREAS, the Commission found that the City, as applicant, satisfactorily met two of the three elements of Code section 17.04.050, Map amendment policy declaration, in that the property was zoned in error and that elimination of this selective zoning is consistent with the policies and goals of the General Plan and favorably referred the application to the City Council; and WHEREAS, the Moab City Council (Council) reviewed the request in a public meeting held on and agreed with the Planning Commission and also found that the rezone of the property was in the best interests of the city and the neighborhood; and Agenda Page 75 of 105 WHEREAS, the City Council agrees with the Planning Commission findings above, and also determined that the Zoning Map amendment met two of the three elements of Code section 17.04.050, Map amendment policy declaration, in that the property was zoned in error and that elimination of this selective zoning is consistent with the policies and goals of the General Plan and is desired by the Council; and NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this Ordinance, the rezoning for 110 South 200 East is hereby approved and Council directs staff to appropriately amend the Official Zoning Map for the City of Moab. Passed and adopted by action of the Governing Body of the City of Moab in open session this day of , 2016. Attest: Rachel Stenta City Recorder City of Moab Mayor David L. Sakrison Agenda Page 76 of 105 1 1 1 N- CD C \I N- CD 00 o -ort) a) o .r 1 1 _c c) c • N- To; The Moab Planning Commission April 13, 2016 We would like to go on the record as being against this proposed zone change from C-1 to C-2, at 100 South 200 East. We have been through a similar zone change request before with this same piece of property (in the mid-90's, from R-3 to C-2) and there was strong neighborhood opposition to it then, and the Moab City Council voted against it. We feel that the differences in allowable setbacks and allowable uses between the C-1 zone and the C-2 zone make this change incompatible with the residential quality of our neighborhood. We ask you not to allow this zone change to occur, Thank you for your consideration in this matter. Sincerely, Diane & Bob Walker 268 East 100 South Moab, Utah Page 78 of 105 April 14, 2016 To the Moab Planning and Zoning Department and Planning Commission, Vote no to the up -zone of 100 South 200 East from C-1 to C-2 In regards to the rezoning of the parcel which houses the Calicochita Bed and Breakfast at 100 South, 200 East, l am opposed to the rezone from C-1 to C-2. Historically, this block has seen many rezoning battles involving "up -zones" from residential to commercial. Twice they were voted down in the *1990's. In short, the up -zone of this parcel from C-1 to C-2 is not in harmony with the adjacent R-3 properties. This neighborhood is characterized to the North and East of the parcel in question by residential houses. To the South is the old Fandango property which is R-3. Must we nibble away at our historic, downtown neighborhoods by up -zoning? Who is to say what will be in this location later after the property is sold? This opens up this property to smaller set -backs and greater commercial development. A buffer zone of C-1 at this location should remain in place. Thank you, Carol S. Williams 470 Grand Circle Moab, UT 84532 Page 79 of 105 OL 00Z LT,' LIP ea aj$oon CITY OF MOAB PLANNING RESOLUTION #05-2016 A RESOLUTION RECOMMENDING APPROVAL OF A ZONING MAP AMENDMENT FROM C-1, COMMERCIAL -RESIDENTIAL, TO C-2, COMMERCIAL -RESIDENTIAL ZONING AND AMENDING THE CITY OF MOAB OFFICIAL ZONING MAP FOR PROPERTY LOCATED AT 110 SOUTH 200 EAST, AND OWNED BY KIM AND DAVID BOGER WHEREAS, the City of Moab (City), a Utah municipal corporation with offices at 217 East Center Street, Moab, Utah 84532, on behalf of Kim and David Boger. ("Owners") of the Cali Cochitta Bed and Breakfast at 110 South 200 East, Moab, Utah, initiated an amendment of the Official Zoning Map for the property located at 110 South 200 East, Moab, Utah, or more particularly described as Lot 4, Block 8 of the Original Townsite; WHEREAS, the .35-acre property was spot zoned as C-1, Commercial -residential, to allow the use of the bed and breakfast on this isolated single property; and WHEREAS, the City desires to eliminate the C-1, Commercial -residential, spot zone of this property and make it contiguous with the C-2, Commercial -residential, Zone; and WHEREAS, Currently, the property is developed with a bed and breakfast that is conditionally allowed in the C-1, whereas, the C-2 Zone allows lodging businesses with less than 10 units as a use by right and the property owner is not required to remain on the property; and WHEREAS, the City has submitted to the Planning Commission ("the Commission") an application for a zone change with the necessary documents and exhibits; and WHEREAS, the Commission reviewed the application in a duly advertised public hearing held on April 14, 2016, to review the proposed zone change; and WHEREAS, the Commission reviewed the character and objectives of the C-1 and C-2 zones, and the allowed uses in each zone and determined that the amendment to the zoning map will continue to function as a buffer between the commercial area and the R-3 Multi -family Residential Zone; and WHEREAS, the Commission agrees that there is value in removing this spot zone and continuing the continuity of the C-2 Zone; and WHEREAS, having evaluated the evidence taken from the public, the Commission concluded that the change in the zoning for this property was an acceptable amendment to the Official Zoning Map; and WHEREAS, the Commission has found that the City, as applicant, has satisfactorily met two of the three elements of Code section 17.04.050, Map amendment policy declaration, in that the property was zoned in error and that elimination of this selective zoning is consistent with the policies and goals of the General Plan. WHEREAS, the Commission has determined that the review standards in Moab Municipal Code chapter 17.04.060, Map amendment approval criteria, have been met as follows: A. The existing zone for the property was adopted in error, B. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the existing development can be or have been mitigated, C. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, D. The residential uses to the east will be buffered from the commercial development by the width of 200 South and the existing landscaping on the property, and E. The City's application conforms to provisions of the Moab general plan and the Land Use Code. Page 81 of 105 CITY OF MOAB Planning Resolution 4105-2016 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOAB, UTAH having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the allowed development, by adoption of Resolution #05-2015, does hereby find, determine, and declare, that the applicable provisions of the Moab Municipal Code and the intent of the Moab General Plan can be met; AND, FURTHERMORE, the Planning Commission hereby favorably recommends that Council approve the application to rezone the property located at 110 South 200 East in the C-1 (Commercial Residential) Zoning district to the C-2 (Commercial -residential) Zone. s' Jeanette Kopell f Chair Date Page 82 of 105 MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: APRIL 14, 2016 :: Members Present: Jeanette Kopell, Allison Brown, Laura Uhle, Members Absent: Joe Downard, Wayne Hoskisson City Councilmembers: Rani Derasary, Kalen Jones City Staff: Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson, City Engineer Phillip Bowman, City Manager Rebecca Davidson Public Members: —15 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Planning Commission Chair Jeanette Kopell called the meeting to order at 7:00 pm. Planning Commission Workshop — 6:30 Planning Commission members held a discussion about conditional use permits. The Commission requested a table of all the uses allowed in each zone in order to evaluate the conditional uses listed in the code. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: March 17, 2016 Commissioner Uhle moved to approve the minutes of March 17, 2016. Commissioner Brown seconded the motion. The motion carried 3-0 aye. 3. Action Item — Planning Resolution 06-2016 A Resolution Conditionally Approving the Commercial Site Plan for the Valley Vista Office and Repair Shop Development on Property Located at 301 South Main Street in the C-3 Central Commercial Zoning District Commissioner Uhle moved to approve Planning Resolution 06-2016 approving the proposal for the redevelopment of 301 South Main Street with the following conditions: 1. All lighting for the store shall be in accordance with the lighting regulations of code section 17.09.660(H) and be full cutoff, fully shielded, downward directed light fixtures. 2. An Improvements Agreement shall be approved by the City Council for all public improvements. Commissioner Brown seconded the motion. The motion carried 3-0 aye. 4. Public Hearing — Map Amendment — Zone Change Application 16-0111 Cali Cochitta Map Amendment — Zone Change Application Agenda Page 83 of 105 Proposed zoning map amendment for property located at 110 South 200 East, as applied for by Moab City and owned by David and Kim Boger, from C-1, Commercial -Residential Zone, to C- 2, Commercial -Residential Zone, and amending the City of Moab Official Zoning Map Commission Chair Kopell opened the public hearing at 7:19 pm. No public comment was made. Commission Chair Kopell closed the public hearing at 7:29 pm. Commissioner Uhle moved to approve Planning Resolution 05-2016 recommending to the Council the Approval of the rezoning of 110 South 200 East from C-1 to C-2 based on the following findings: 1. The existing zone for the property was adopted in error, 2. The proposed zoning classification is compatible with the majority of surrounding uses and impacts from the existing development can or have been mitigated, 3. Adequate facilities are available to serve the type and scope of the development suggested by the proposed zoning classification, 4. The residential uses to the east will be buffered from the commercial development by the width of 200 East and the existing landscaping on the property, and 5. The City's application conforms to provisions of the Moab General Plan the Land Use Code. Commissioner Brown seconded the motion. The motion carried 3-0 aye. 5. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Planning Commission Chair Kopell adjourned the meeting at 7:39 pm. Agenda Page 84 of 105 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 26, 2016 Agenda Item #: 7-3 v Title: Approval of the Nonpoint Source Grant Agreements between the Utah Department of Environmental Quality and the City of Moab for the Pack Creek Stream Bank Restoration Project Fiscal Impact: In -kind services and staff time estimated at $24,000 Staff Presenter: Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: On March 24, 2015, and April 28, 2015, the Moab City Council authorized City staff to apply for Nonpoint Source Grants with the Utah Department of Environmental Quality (UDEQ) to complete a stream bank restoration project on Pack Creek in the vicinity of Wagner Avenue. There were two (2) grant applications submitted due to funding availability in different fiscal years (FY 2015 and FY 2016) with UDEQ. The total amount of grant funding sought with these applications was $36,264, and both applications were approved. The original grant agreement documents included a provision for the project to be completed in calendar year 2015 and all funding to be utilized by December 31, 2015. This item will approve the extension of the grant funding, and will allow the agreement periods to extend through June 30, 2017 (for the FY2015 funding) and December 31, 2017 (for the FY2016 funding). City staff is planning to have all construction of this project completed in calendar year 2016, and it is fully expected that all funding will be utilized within the new grant periods. The project scope will remove fill placed in the FEMA floodplain on the bank of Pack Creek at the northern end of Wagner Avenue. The property owner, Stan Holland, was consulted in the preparation of the original project plans and grant application, and is currently working with City staff to see the project completed. The anticipated project cost of $36,264 was based on estimates prepared with the original grant applications, and the amount of in -kind services and staff time was estimated to be approximately $24,000. City staff time will be required to complete the final design plans, specifications, and bid documents for the project, and to administer the bidding and management of the construction contract. There will be some direct costs the City is responsible for, but it is anticipated that these are minimal and will be less than $2,000. The project location is shown on the attached graphic, and the original Agenda Summary memos from March and April 2015 are attached for reference. The City 1 Agenda Page 85 of 105 Attorney has reviewed the grant agreements, and has approved the form and content. It should be noted that this type of agreement requires that the City spend the grant amount "up front" by paying for eligible project expenses (such as paying contractor invoices), and then seek reimbursement from UDEQ after the expenses are incurred. If the grant agreements are approved, City staff will complete the final design of the project to allow advertising and bidding, with construction anticipated in the summer and fall of 2016. Staff Recommendation: Staff recommends approval of the Nonpoint Source Grant Agreements between the Utah Department of Environmental Quality and the City of Moab for the Pack Creek Stream Bank Restoration Project. Recommended Motion: "I move to approve the Nonpoint Source Grant Agreements between the Utah Department of Environmental Quality and the City of Moab for the Pack Creek Stream Bank Restoration Project." Attachments: Project Location graphic UDEQ Grant Extension Letter dated March 22, 2016 FY2015 Nonpoint Source Grant Agreement FY2016 Nonpoint Source Grant Agreement Agenda Summary Memo from March 24, 2015 Agenda Summary Memo from April 28, 2015 Page 86 of 105 Q >1)018 5101 CIPOk kiepunaq waylnos xneddy p 101 7 >0019 S 101 Naed Saute 167.06 %aa).1S Palle jd uo/sr a� 1C i a ac�6?M) slsa J'/a S301 9 N3019 awl► aou21 LBO L l8'69tr 1se3 weed •pri AujimeA ilVdS ed 1 9101 IR00u0 yo tale Wagner Avenue Lmip abeu;eip pue »anin, S 101 11 >0018 3ZZl3'59Zl'L DaS b/l 5 tucuru 61'0S 3 Pue 119Z79VE N 90d L 101 Page 87 of 105 cc; C d Q r State of Utah GARY R. I IT RBERT Governor SPL•NCER J. COX Lieutenant Governor MAR 222016 Mayor David Sakrison City of Moab 217 East Center Street Moab, UT 84532 Dear Mayor Sakrison: Department of Environmental Quality Alan Matheson Executive Director DIVISION OF WATER QUALITY Waller1.. Raker, P.E. Director Subject: Utah Nonpoint Source Grant — No Cost Extension Amendment FY 2015 — City of Moab/Pack Creek On February 26, 2015, the Utah Water Quality Board (Board) authorized a Nonpoint Source Grant in the amount of S31,264 to the City of Moab. At this time, a No Cost Extension is necessary to extend the end date from December 31, 2015 to June 30, 2017. The applicant has previously provided a Scope of Work as defined in the General Provisions section of the Grant Agreement and the details of it remain the same. Two copies of the Amended Grant Agreement are enclosed. Please sign and return both copies of the Amended Grant Agreement to our office: Division of Water Quality Attn: Marsha Case PO Box 144870 Salt Lake City, Utah, 84114-4870 A fully executed Grant Agreement will be returned to you for your files. To be reimbursed for project eligible expenses, please submit invoices and proof of payment to the DWQ for completed work. If you have any questions concerning the grant, please contact Mike Allred, Project Manager at 801-536-4331. Sincerely, Carl Adams, Manager Watershed Protection Section CA:me Enclosure(s): (2) NPS Amended Grant Agreements UADIRECTOR1McaselINPS1Project Files1City of MoahlMoah-No Cost Extension Ltr.docx File: NPSIFY 20151Moab CirylPack Creek Agenda 195 North 1950 West • Salt Lake City, UT Mailing Addretis: P.O. Box 144870 • Salt Lake City, UT 84114-4870 Tclephone (801) 536-4300 • Fax (801) 536-4301 • TD. D, (801) 536-4414 PageaMA AO. goy Prinlcd nn 100% reuycied paper AMENDMENT TO FY 2015 NONPOINT SOURCE GRANT AGREEMENT WATER QUALITY HARDSHIP GRANT FUND STATE OF UTAH Department of Environmental Quality Division of Water Quality This grant agreement is entered into by and between the State of Utah, Department of Environmental Quality, Division of Water Quality, Water Quality Board (hereinafter the "BOARD") and the CITY OF MOAB applicant for a Hardship Grant under the Water Quality Board provisions contained in Title 73, Chapter 1 QC, Utah Code Annotated 1953 (hereinafter the "GRANTEE"). Pursuant to the provisions of the Statute; and the powers and functions of the Water Quality Board, the BOARD hereby finds and determines, based upon the formal application of the GRANTEE, the evidence provided by the GRANTEE to the BOARD and its staff, and information developed by the BOARD in its own investigations on the application of the GRANTEE, the following, that: 1. The GRANTEE is an individual, corporation, association, state or federal agency, or other private entity pursuant to Section 73-10c-4.5 (1) that intends to acquire, construct, or implement a nonpoint source project as defined in 73-10c-2 (9). 2. The proposed project has been determined to meet Nonpoint Source or wastewater project grant/loan considerations. 3. The project has been determined by the BOARD to not be economically feasible unless grant assistance is provided. 4. The GRANTEE has been authorized by the BOARD pursuant to Section 73-1 Oc-4 (7) to receive a Hardship Grant. Based upon these findings, the BOARD is authorized and empowered to, and does hereby, enter into the following agreement with the GRANTEE. Agenda Page 89 of 105 GENERAL PROVISIONS 1. The BOARD shall provide the GRANTEE the amount of S31,264 for the completion of the Project, including scope of work and cost break down, as described in the Financial Assistance Application (application). 2. The GRANTEE shall complete the Project described in the attached application, within the time period identified in the Plan of Study or Engineering Plan. A No Cost Extension is hereby authorized, amending the expiration date from December 31, 2015 to June 30, 2017. If work on the project is not completed by the expiration date, this grant may be canceled by written notice from the BOARD to the GRANTEE. No work completed after receipt of the notice shall be reimbursable. 3. The GRANTEE shall comply with any special grant provisions identified herein. 4. The GRANTEE shall notify the BOARD in writing of any proposed modification to the Project that alters the scope of work and/or GRANT AMOUNT. If such notification is not received, the cost of the proposed modification will be disallowed. 5. The GRANTEE shall comply with all laws that normally govern its affairs in regard to contracts, fiscal procedures, and procurement procedures. b. The GRANTEE shall indemnify and hold harmless the State of Utah, the Department of Environmental Quality and their officers, agents and employees from and against any and all loss, damage, injury, liability, and claims, including claims for personal injury or death, damages to personal property and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of this agreement by the GRANTEE, including attorneys fees and costs in the investigation or defense of any claim, whether or not the claim has merit. 7. The GRANTEE shall be an independent contractor, and, as such, shall have no authorization, express or implied, to bind the State of Utah the Department of Environmental Quality, the Division of Water Quality or the Water Quality Board to any agreement, settlement, liability, or understanding whatsoever, nor to perform any acts as agent for the State of Utah, except as herein expressly set forth. 8. GRANTEE expenditures under this grant determined by audit' to be ineligible for reimbursement because they were not authorized by the terms and conditions of the grant, or that are inadequately documented, and for which payment has been made to the GRANTEE will be immediately refunded to the BOARD by the GRANTEE. The GRANTEE further agrees that the BOARD shall have the right to withhold any or all -subsequent payments under this or other contracts to GRANTEE until recoupment of overpayment is made. 9. This grant may be altered, modified, or supplemented only by written amendment, executed by the parties hereto, and attached to the original signed copy of this agreement. The BOARD will allow no claim for services furnished by the GRANTEE, not specifically authorized by this Agreement. 10. If it is determined that in any manner the grant was improperly made or entered into, or if the monies are or were used improperly or contrary to the terms of this agreement, the Agenda Page 90 of 105 GRANTEE shall pay to the BOARD the amount of all monies and benefits received by the GRANTEE by the BOARD. 11. When the GRANTEE is the Utah Department of Environmental Quality, paragraphs 6 and 7 of the General Provisions of this agreement shall not apply and will not be considered part of this agreement. When the GRANTEE is an agency of the State of Utah other than the Utah Department of Environmental Quality, the references to the State of Utah in paragraphs 6 and 7 of the General Provisions shall be considered to mean only the Utah Department of Environmental Quality, the Division of Water Quality, and the BOARD. EXECUTION NOW, THEREFORE, by virtue of the authority contained in Title 73, Chapter 10, Utah Code Annotated, 1953i as amended, the parties hereto mutually agree to perform this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on ,, 2016. This contract will take effect upon approval as evidenced by the appropriate signatures. GRANTEE STATE CITY OF MOAB 217 E CENTER STREET MOAB, UT 84532 APPROVED - UTAH WATER QUALITY BOARD By: By: David Sakrison, Mayor Attest Rachel Stenta, Recorder Carl Adams, Manager Watershed Protection Section U:\DIRECTOR\Mcase\INPS\Project Files\City of MoaH,Moab - FY15 Amended Grant Agreement.doc Agenda Page 91 of 105 #N 1 G02 FY 2016 NONPOINT SOURCE GRANT AGREEMENT WATER QUALITY HARDSHIP GRANT FUND STATE OF UTAH Department of Environmental Quality Division of Water Quality This grant agreement is entered into by and between the State of Utah, Department of Environmental Quality, Division of Water Quality, Water Quality Board (hereinafter the "BOARD") and the CITY OF MOAB applicant for a Hardship Grant under the Water Quality Board provisions contained in Title 73, Chapter 10C, Utah Code Annotated 1953 (hereinafter the "GRANTEE"). Pursuant to the provisions of the Statute, and the powers and functions of the Water Quality Board, the BOARD hereby finds and determines, based upon the formal application of the GRANTEE, the evidence provided by the GRANTEE to the BOARD and its staff, and information developed by the BOARD in its own investigations on the application of the GRANTEE, the following, that: 1. The GRANTEE is an individual, corporation, association, state or federal agency, or other private entity pursuant to Section 73-10c-4.5 (I) that intends to acquire, construct, or implement a nonpoint source project as defined in 73-10c-2 (9). 2. The proposed project has been determined to meet Nonpoint Source or wastewater project grant/loan considerations. 3. The project has been determined by the BOARD to not be economically feasible unless grant assistance is provided. 4. The GRAN 1'LE has been authorized by the BOARD pursuant to Section 73-10c-4 (7) to receive a Hardship Grant. Based upon these findings, the BOARD is authorized and empowered to, and does hereby, enter into the following agreement with the GRANTEE. Agenda Page 92 of 105 GENERAL PROVISIONS 1. The BOARD shall provide the GRANTEE the amount of 15,000 for the completion of the Project, including scope of work and cost break down, as described in the Financial Assistance Application (application). 2. The GRANTEE shall complete the Project described in the attached application, within the time period identified in the Plan of Study or Engineering Plan. If work on the project is not completed by DECEMBER 31, 2017 this grant may be canceled by written notice from the BOARD to the GRANTEE. No work completed after receipt of the notice shall be reimbursable. 3. The GRANTEE shall comply with any special grant provisions identified herein, 4. The GRANTEE shall notify the BOARD in writing of any proposed modification to the Project that alters the scope of work and/or GRANT AMOUNT. If such notification is not received, the cost of the proposed modification will be disallowed. 5. The GRANTEE shall comply with all laws that normally govern its affairs in regard to contracts, fiscal procedures, and procurement procedures. 6. The GRANTEE shall indemnify and hold harmless the State of Utah, the Department of Environmental Quality and their officers, agents and employees from and against any and all loss, damage, injury, liability, and claims, including claims for personal injury or death, damages to personal property and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of this agreement by the GRANTEE, including attorneys fees and costs in the investigation or defense of any claim, whether or not the claim has merit. 7. The GRANTEE shall be an independent contractor, and, as such, shall have no authorization, express or implied, to bind the State of Utah the Department of Environmental Quality, the Division of Water Quality or the Water Quality Board to any agreement, settlement, liability, or understanding whatsoever, nor to perform any acts as agent for the State of Utah, except as herein expressly set forth. 8. GRANTEE expenditures under this grant determined by audit to be ineligible for reimbursement because they were not authorized by the terms and conditions of the grant, or that are inadequately documented, and for which payment has been made to the GRANTEE will be immediately refunded to the BOARD by the GRANTEE. The GRANTEE further agrees that the BOARD shall have the right to withhold any or all -subsequent payments under this or other contracts to GRANTEE until recoupment of overpayment is made. 9. This grant may be altered, modified, or supplemented only by written amendment, executed by the parties hereto, and attached to the original signed copy of this agreement. The BOARD will allow no claim for services furnished by the GRANTEE, not specifically authorized by this Agreement. Agenda Page 93 of 105 10. If it is determined that in any manner the grant was improperly made or entered into, or if the monies are or were used improperly or contrary to the terms of this agreement, the GRANTEE shall pay to the BOARD the amount of all monies and benefits received by the GRANTEE by the BOARD. 11. When the GRANTEE is the Utah Department of Environmental Quality, paragraphs 6 and 7 of the General Provisions of this agreement shall not apply and will not be considered part of this agreement. When the GRANTEE is an agency of the State of Utah other than the Utah Department of Environmental Quality, the references to the State of Utah in paragraphs 6 and 7 of the General Provisions shall be considered to mean only the Utah Department of Environmental Quality, the Division of Water Quality, and the BOARD. EXECUTION NOW, THEREFORE, by virtue of the authority contained in Title 73, Chapter 10, Utah Code Annotated, 1953, as amended, the parties hereto mutually agree to perform this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on , 20 This contract will take effect upon approval as evidenced by the appropriate signatures. GRANTEE STATE CITY OF MOAB 217 EAST CENTER STREET MOAB, UT 84532 APPROVED - UTAH WATER QUALITY BOARD By: By: David Sakrison, Mayor Carl Adams, Manager Watershed Protection Section Attest: Rachel Stenta, Recorder Agenda Page 94 of 105 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 24, 2015 Agenda Item #: 7-2 Title: Approval of a Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality Fiscal Impact: In -kind services and labor Staff Presenter(s): Eric Johanson, Acting City Engineer Department: Engineering Applicant: n/a Background/Summary: The approval of the Utah Nonpoint Source Grant Authorization Letter and the FY 2015 Nonpoint Source Grant Agreement are needed to receive the funding for the Pack Creek bank restoration at the north end of Wagner Avenue. In 2010 Stan Holland had Jim Keogh install what might best be described as a building pad on his parcel at this location. He did not seek any permits to do this, and much of the material was placed in the City's FC-1 zone, which is also the Pack Creek flood zone and floodway. Although staff pursued possible prosecution for the flagrant disregard of the City's and building department's codes, the City prosecutor showed little interest. City engineer Rebecca Andrus then decided to pursue funding from the Utah Water Quality Board, part of the Division of Water Quality, through the Moab Area Watershed Partnership chaired by Arne Hultquist. Rebecca submitted the application and this authorization letter and agreement are the result of its acceptance by the funding body. The Division of Water Quality's interest is in seeing the material removed from the Pack Creek flood area, so as to avoid this material being washed downstream in floods or rain events. The funds will be used to hire a contractor who will remove the material in the flood area and restore the stream bank to a condition that will avoid erosion and future deposition of material in the flood area. The Utah Water Quality board will provide $31,264 at the outset with $5,000 more to be made available after July 2015. The City's match is to provide in -kind equipment for dirt moving, in -kind labor of plan preparation, permitting and billing, etc., as well as materials and dump fees etc., all valued at $24,472.40. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Grant Agreement rlAgenda Page 65 of 109 Recommended Motion: I move to approve Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality in the amount of $31,264. Attachment(s): Grant Agreement 1 Agenda Page 08 of 109 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 28, 2015 / / Agenda item #: 7-3 Title: Approval of a Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality Fiscal Impact: In -kind services and labor Staff Presenter(s): Eric Johanson, Acting City Engineer Department: Engineering Applicant: n/a Background/Summary: The approval of the Utah Nonpoint Source Grant Authorization Letter and the FY 2015 Nonpoint Source Grant Agreement are needed to receive the funding for the Pack Creek bank restoration at the north end of Wagner Avenue. In 2010 Stan Holland had Jim Keogh install what might best be described as a building pad on his parcel at this location. He did not seek any permits to do this, and much of the material was placed in the City's FC-1 zone, which is also the Pack Creek flood zone and floodway. Although staff pursued possible prosecution for the flagrant disregard of the City's and building department's codes, the City prosecutor showed little interest. City engineer Rebecca Andrus then decided to pursue funding from the Utah Water Quality Board, part of the Division of Water Quality, through the Moab Area Watershed Partnership chaired by Arne Hultquist. Rebecca submitted the application and this authorization letter and agreement are the result of its acceptance by the funding body. The Division of Water Quality's interest is in seeing the material removed from the Pack Creek flood area, so as to avoid this material being washed downstream in floods or rain events. The funds will be used to hire a contractor who will remove the material in the flood area and restore the stream bank to a condition that will avoid erosion and future deposition of material in the flood area. The Utah Water Quality board will provide $31,264 at the outset with $5,000 more to be made available after July 2015. The City's match is to provide in -kind equipment for dirt moving, in -kind labor of plan preparation, permitting and billing, etc., as well as materials and dump fees etc., all valued at $24,472.40. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Grant Agreement 1 Page 97 of 105 New Business - 7-3 Recommended Motion: I move to approve Fiscal Year 2015 Source Grant Agreement for a Water Quality Hardship Grant from the State of Utah Division of Water Quality in the amount of $5,000. Attachment(s): Grant Agreement Agenda Page 98 of 105 New Business - 7-3 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Honorable Mayor and Councilmembers From: Rachel E. Stenta, City Recorder/Assistant City Manager Date: April 20, 2016 Re: Proposed Annexation Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The attached proposed annexation for Randy Day is in the initial stage. I've attached a flowchart for your reference that outlines the Annexation process as regulated by Utah State Code Annotated Title 10 Chapter 2 Part 10. You will see that the first step is acceptance of the petition by the governing body. I then have 30 days to certify the petition. A public hearing date before the City Council will be set and the Planning Commission will review the annexation and make a recommendation to the City Council prior to the public hearing. Protests can only be filed by the following (UCA 10-2-407(1)(a)): 1) A protest to an annexation petition under Section 10-2-403 may be filed by: (a) the legislative body or governing board of an affected entity; (b) the owner of rural real property as defined in Section 17B-2a-1107; An affected entity is defined as follows (UCA 10-2-401(1)(a): (a) "Affected entity" means: (i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located; (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development; (iii) a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation; (iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and (v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. Please let me know if you have any further questions. Thank you for your consideration. Agenda First EPA Green Power Community in the Nation Page 99 of 105 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION Petition Date: 51 /�pp1�� �/‘ 0101 Qrctyot Ao4e- J?y-73a. Petition Description (Approximate Address): 7(1 y00e, Contact Sponsor Name: Contact Sponsor Mailing Address: 75-,Sr /i/_ 7ifDtte, 4(7.-F5/5.)2_ Contact Sponsor Phone Number: 93s- 2 60 --4,3 We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (113) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiplepetitioner petition. Printed Name Mailing Address 1. Y JP/ 64�.) ass Niwea,i4 11 I f y G mv I a 5. 6. 7. Signature DECEIVED APR 11 2Ct6 Agenda Page 100 of 105 Page 101 or1On 9. 10. ' Moab City Code 17.12.150 Moab City — Annexation Petition The territory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through _, which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: / Individual Legal descriptions for each property proposed for annexation; or XA legal description that is inclusive of all properties proposed for annexation; A-n accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; Copes of notices sent to affected entities; A list of affected entities to which notices were sent; Please return this form with attachments to the Moab City Offices with an annexation petition fee" of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. Agenda Page 102 of 105 ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH BASIS QF REARING NORTH QUARTE+FAST NCRTMWEST—_________���_—___________—_______ NORTH QUARTER CORNER SECTION 7, 726S, R22E, SLB&M CORNER SECTION 7, Zn 7265, R22E, SLBCM 1 l 400 EAST STREET 2 RASBERRY LN ANNEXATION DESCRIPTION A parcel of land within the Northwest Quarter of Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point on the East right of way line of 400 East Street, said point being South 765.5 feet and East 19.39 feet from the Northwest corner of said Section 7, and running thence North 72.50 feet along said east right of way line of 400 East Street; thence East 449.71 feet; thence South 355.50 feet; thence West 122.60 feet; thence North 283.00 feet; thence West 327.11 feet to the point of beginning. EAST 449.71' _ Contains 67,300 sq. ft. OR 1.54 acres r- O Z EAST j , 19.39' POINT O BEGINNING GRIFFITH, POWER, HOWARTH 02-000743062 WEST 327.11' GRIFFITH 02.007-0062 WANG 02.007.0059 DALTON 02.0074061 GRAPHIC SCALE 40 0 20 40 1"(INCHI4. 40'(FEET) 2 Z ENGLEMAN 02-0o7-olds m WEST 122.60' Lucas Blake License No. 7540504 APPROVED BY MOAB CITY MAYOR CITY RECORDER CITY ENGINEER CITY ATTORNEY LOCATED IN THE NORTHWEST QUARTER OF SECTION 7 TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE BASE AND MERIDIAN ANNEXATION MAP 691 S 400 E MOAB, UT 84532 APPROVED APPROVED APPROVED APPROVED at MI OVA [Noir. 030.16 Date 4///16 • sneet 1 or 1 Page 103 of 105 A parcel of land within the Northwest Quarter of Section 7, Township 26 South, Range 22 East, Salt Lake Base and Meridian, Grand County, Utah, being more particularly described as follows: Beginning at a point on the East right of way line of 400 East Street, said point being South 765.5 feet and East 19.39 feet from the Northwest corner of said Section 7, and running thence North 72.50 feet along said east right of way line of 400 East Street; thence East 449.71 feet; thence South 355.50 feet; thence West 122.60 feet; thence North 283.00 feet; thence West 327.11 feet to the point of beginning. Contains 67,300 sq. ft. OR 1.54 acres Agenda Page 104 of 105 RECEIVE APR 1 1 2016 CITY OF MOAB - ANNEXATION PROCESS (REVISED 06/13/07) Petitioner files Annexation Petition with City Recorder Petitioner mails Notice of Intent to affected entities ► Petition may be modified to correct deficiencies and re -filed with City Recorder City Council receives Boundary Commission's Decision within 30 days of conclusion of hearing Lt. Governor issues Certificate of Annexation Agenda ► Petitioner mails copies of ► completed petition to Co. Clerk & Planning Chair Notice of Denial mailed within 5 days to Contact Sponsor, Co. Clerk & Planning Chair Notice of Rejection and reasons mailed to City Council, Contact Sponsor, County Council, Planning Chair City Recorder provides copy of protest to Boundary Commission within 5 days of receipt and notifies County Council City Council sets Public Hearing date City Council Reviews at next regular meeting at least 14 days after filing date City Recorder rejects etition for certification County Council or Affected Entity files protest with Boundary Commission within 30 days of City Council Notice of Certification — protest must be mailed to City Recorder No protests are filed City Recorder sends written notice of Annexation to Lt. Governor's Office within 30 days of adoption City Recorder Records Annexation with County Recorder within 30 days of adoption Page 105 of 105 Moab City Planning Commission Reviews & Recommends City Recorder reviews Petition for certification within 30 days of acceptance Petition certified within 30 days City Recorder mails Notice of Certification to City Council, Contact Sponsor, County Council, Planning Chair City Recorder publishes notice of certification once a week for three weeks no later than 10 days after certification I City Recorder mails notice of certification to each Affected Entity within 20 days of certification City Recorder sends Notice of Annexation to each Affected Entity within 30 days of adoption City Recorder publishes notice of ► public hearing at least 7 days prior to hearing City Council holds Public Hearing City Council Grants Annexation by Adoption of Ordinance