Loading...
HomeMy Public PortalAboutPKT-CC-2016-02-23Moab City Council February 23, 2016 Pre -Council Workshop/Presentation ***6:00 PM*** REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Agenda Page 1 of 131 Agenda Page 2 of 131 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, February 23, 2016 at 6:00 p.m. 6:00 p.m. 7:00 p.m. SECTION 1: APPROVAL OF MINUTES 1-1 January 25, 2016 SECTION 2: CITIZENS TO BE HEARD SECTION 3: PRESENTATIONS 3-1 Presentation of the Mayor's Student Citizenship of the Month Award for February 2016 for Helen M. Knight School 3-2 Presentation by Ms. Camps Sixth Grade Class PROCLAMATIONS 4-1 None SECTION 4: SECTION 5: SECTION 6: PRE COUNCIL WORKSHOP 6:00 — 6:30 PM Museum of Moab Presentation 6:30 — 6:45 PM Sewer Presentation CALL TO ORDER AND PLEDGE OF ALLEGIANCE PUBLIC HEARING (Approximately 7:15 PM) 5-1 None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval for the Special Use of City Parks Permit for Sun Court for the Moab Music Festival 6-2 Special Event License and Special Use of Swanny City Park for the Southeastern Utah District Health Department to Conduct the Moab Farmer's Market on selected Thursdays and Saturdays from April, 2015 through October, 2015 6-3 Consideration of a Waiver/Refund of Fees for the Southeastern Utah District Health Department not to Exceed $965 6-4 Approval of Special Business Event License and Park Use Permits for Moab Rotary April Action Car Show for April 29 to May 1, 2016 6-5 Approval of a Class II Beer License for Patcharawadee Prucktrakhul, d.b.a. Arches Thai Inc. to Conduct a Restaurant at 60 North 100 West 6-6 Approval of Local Consent of a Full -Service Restaurant Liquor License for Patcharawadee Prucktrakhul, d.b.a. Arches Thai Inc. to Conduct a Restaurant at 60 North 100 West 6-7 Approval of a Request for an Amplified Music Event at Old City Park by Wendy Hatch on August 20, 2016 Page 3 of 131 Agenda 6-8 Approval of a Special Business Event License for Creative Solutions Group, d.b.a. Jeep to Conduct a Display Event at 290 South Main Street in the Walker Drug Parking Lot 6-9 Approval of a a Private Property Vendor License for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventures, Located at 83 South Main Street for a term of February 25, 2016 to February 24, 2017 6-10 Approval of a Request for Use of City Right-of-way by John Knowles to Conduct a Sidewalk Sale on March 11-13, 2016 at 50 South Main Street SECTION 7: NEW BUSINESS 7-1 Approval of Letter of Support on Behalf of Moab Half Marathon to the Bureau of Land Management 7-2 First Reading of Proposed Ordinance # 2016-02 — An Ordinance Amending Conditional Uses and Specifically Bed and Breakfasts as found in MMC Chapters 17.09.530 and 17.09.531 as Referred to Council by the Planning Commission 7-3 Approval of Resolution #04-2016 — A Resolution Declaring Certain Property of the City of Moab as Surplus and Donating Said Property to the Town of Castle Valley 7-4 Approval of Proposed Resolution #03-2016 — a Resolution Approving a Petition to Vacate a Boundary Line between Properties Located at 301 S 400 E in the C-5 (Neighborhood Commercial) Zone 7-5 First Reading and Possible Call for Public Hearing to Consider Ordinance #2o16-o1— An Ordinance to Amend Chapter 17.45.o6o, Single-family and Two-family Residential Zone and 17.15.o5o, Residential Area Regulations, of the Moab Municipal Code Referencing the Size of Residential Single-family Uses and an Application for a Code Amendment to Moab Municipal Code Sections 17.45.o6o, R-2, One -family and Two-family Residential Zone, and 17.15.o5o, Residential Area Regulations Reducing the Minimum Size of Dwellings in the R-2 Zone 7-6 Approval of the Sanitary Sewer Service Agreement for Eddie McStiff's Inc 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: 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 131 MOAB CITY COUNCIL REGULAR MEETING January 25, 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 Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Police Chief Mike Navarre and City Engineer Phillip Bowman. A discussion regarding Bed and Breakfasts was held during the Pre Council Workshop. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Eighteen (18) members of the audience and media were present. There were no minutes to approve. There were no Citizens to Be Heard. Mayor Sakrison presented Darren Yazzie with the Mayor's Student Citizenship of the Month Award for January 2016 for Helen M. Knight School. A presentation by Archeologist Jared Lundell of the Bureau of Land Management was given concerning the placement of an historical Barracks Display at Rotary Park. Councilmember Jones moved to approve a Request for an Amplified Music Event at Old City Park on May 21, 2016 for MacArthur Lloyd. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. January 25, 2016 Page 1 of 5 REGULAR MEETING & ATTENDANCE PRE COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD PRESENTATION OF MAYOR'S STUDENT OF THE MONTH PRESENTATION BY BUREAU OF LAND MANAGMENT APPROVAL OF AMPLIFIED MUSIC AT OLD CITY PARK -MAY 21, 2016 Agenda Page 5 of 131 Councilmember Bailey moved to approve a Request for Amplified Music at Old City Park on September 5, 2016 for the Moab Music Festival. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Ershadi moved to approve all Event Licenses and Permits for the Canyonlands Half Marathon Event to be held on March 11 and 12, 2016 at Swanny City Park. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Knuteson-Boyd moved to approve a Special Event Business License for the Thelma & Louise Half Marathon to conduct a Road Running Expo on June 3, 2016 at the Moab Arts and Recreation Center (MARC). Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Jones moved to approve a Special Event Business License for Moab Half Marathon Inc. to conduct the Other Half Running Event Expo on October 22-23, 2016 at the Moab Arts and Recreation Center (MARC). Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Jones moved to approve Task Order 380.06.100 with Hanse, Allen and Luce, Inc. accepting the scope of work for 2016 Private Development Review Support with a fee amount not to exceed $25,000. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Ershadi moved to approve a Letter of Intent to Aqua - Aerobics Systems, Inc. for Sequencing Batch Reactor Equipment at the New Wastewater Treatment Plant. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. January 25, 2016 Page 2 of 5 APPROVAL OF AMPLFIED MUSIC REQUEST AT OLD CITY PARK-SEPTEMBER 5, 2016 APPROVAL OF EVENT LICENSES AND PERMITS FOR CANYONLANDS HALF MARATHON-MARCH11 AND 12, 2016 APPROVAL OF SPECIAL EVENT BUSINESS LICENSE-JUNE 3, 2016 APPROVAL OF SPECIAL EVENT BUSINESS LICENSE-OCTOBER 22-23, 2016 APPROVAL OF TASK ORDER 380.06.100 WITH HANSEN, ALLEN AND LUCE APPROVAL OF LETTER OF INTENT TO AQUA -AEROBIC SYSTEMS INC. Agenda Page 6 of 131 Councilmember Bailey moved to approve the Confirmation of Mayoral Appointment of Statutory Appointees: Chief of Police- Mike Navarre; City Recorder/Assistant City Manager- Rachel E. Stenta; City Treasurer - Jennie Ross; City Attorney -Chris McAnany. Councilmember Derasary seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Ershadi moved to approve the Appointment to the Moab City Planning Commission of Laura Uhle for a five-year term ending December 31, 2020. Councilmember Bailey seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Derasary moved to approve a Confirmation of Mayoral Appointment of Councilmember Jones to the Solid Waste Special Services District #1 to serve a four (4) year term ending December 31, 2019. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson- Boyd, Derasary voting aye. Councilmember Jones moved to approve a Fitness Equipment Bid to TechnoGym USA in the amount $52,892.22. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Councilmember Ershadi moved to approve a Settlement Agreement with Silver Spur Construction in the amount of $14,000. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. In Mayor and Council Reports Councilmember Bailey reported that City Manager Davidson and Mayor Sakrison met with the Spanish Valley Water and Sewer Service District regarding the Memorandum of Understanding (MOU) and that the District will meet January 26, 2016 to approve the MOU. Councilmember Jones reported he attended his first Solid Waste District meeting and it that it was good. Councilmember Jones continued that he January 25, 2016 Page 3 of 5 CONFIRMATION OF MAYORAL APPOINTMENTS -STATUTORY APPOINTEES CONFIRMATION OF MAYORAL APPOINTMENTS -PLANNING COMMISSION CONFIRMATION OF MAYORAL APPOINTMENTS -SOLID WASTE DISTRICT AWARD OF FITNESS EQUIPMENT BID APPROVAL OF SETTLEMENT AGREEMENT -SILVER SPUR CONSTRUCTION MAYOR AND COUNCIL REPORTS Agenda Page 7 of 131 will be serving on a Committee regarding a Municipal Composting Facility. Councilmember Ershadi mentioned that she could not attend the Composting meeting. Councilmember Ershadi reported that she had worked with the Housing Task Force to draft a press release regarding Olene Walker. Councilmember Ershadi reported that she has attended a series of meetings regarding Economic Development. Councilmember Ershadi will be attending an Environmental Protection Agency Meeting in Salt Lake City regarding Haze. Councilmember Ershadi mentioned that she had a conversation with Utah State University students concerning a proposal of a Water Wise Garden Project at Swanny City Park. Mayor Sakrison reported that he attended a Drinking Water Board Meeting and found out there is $3 million dollars in funding that may be available. City Manager Davidson reported that the proposal is almost complete. Mayor Sakrison reported that he attended a Governor's Rural partnership Meeting and was informed of an initiative to break the poverty cycle. Mayor Sakrison also commented on the meeting with the Spanish Valley Water and Sewer Service District and agreed with Councilmember Bailey that it went well. Mayor Sakrison will be attending a meeting with the Museum Staff next week to discuss issues they have. Mayor Sakrison reported that he received a call from County Councilmember Mary McGann concerning her upcoming discussion at the State Capitol regarding UTV issues. The Mayor mentioned to Council that he had received advice from the Utah League of Cities and Towns regarding UTV, but that they are reluctant to approach the issue this year. Councilmember Ershadi reported that she is hearing from the Principal and parents of the Charter School regarding 300 South signage and that they would like an update. City Engineer Bowman reported that he will January 25, 2016 Page 4 of 5 Agenda Page 8 of 131 create a Speed Zone that can be enforced to change driver behavior. Councilmember Ershadi mentioned the Chamber of Commerce luncheon. There was no Correspondence to be Read. Under Administrative Report, City Manager Davidson reported that City Staff held a Special Event Meeting and that all event organizers were invited and a Subcommittee was formed to work together to improve the process and code. City Manager Davidson stated a comment from the events meeting was to have better communication with other agencies. City Manager Davidson will be meeting with the agency tomorrow, January 26, 2016, to discuss the MOU. City Manager Davidson mentioned that the Water Tank Project is in progress. City Manager Davidson stated that biggest project coming up will be the code revision, beginning with the Zoning Code. 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 $343,984.90. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with City Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd, Derasary voting aye. Mayor Sakrison adjourned the Regular Council Meeting at 8:08 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder January 25, 2016 Page 5 of 5 READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 9 of 131 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 23, 2026 Agenda item #: 6-1 fa Y Off' M AB [Title: Approval for the Special Use of City Parks Permit for Sun Court for the Moab Music Festival Fiscal Impact: This event will not have a measurable impact on the City budget. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Moab Music Festival Background/Summary: This request is for the use of the Sun Court on Center Street on September 1 & 2, 2016 as well as September 9 & 11, 2016, for an art exhibit to be held in conjunction with music concerts at Star Hall, sponsored by the Moab Music Festival. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the permit and requests that the organizer contact the City Facilities Department in regards to the timing of the evening lighting. Recommended Motions: "I move to approve the Special Use of City Parks Permit for Sun Court for the Moab Music Festival for an art display." Attachment(s): Application materials Agenda J:\Agenda Draft Documents\02-23-2016\6-1 Agenda Summary Sheet Music Festival Suncourt Park Permit 2016.docx Page 10 of 131 Proposed Start Date: Proposed End Date: Start Time: 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: F bytwtS Lai.",'erljn Name of Organization and Event if applicable: I`f lio b ftikvo-4 Address: �ancl S I'-'�Oa-b f V T fU537 Day Phone: 3'J n. _ d3 Email: erin erninexeRetst • orz Proposed Park Usage Information Which park to you intend to use? Swanny Park: Other (please indicate name of park:)Arlea..1.l1' Please indicate the proposed dates and times of use: ci f I 9 / 2 q 19 9 Start Time: _kin_ am/ r� End Time. `� am am/pm End Time. am/pm Eet.e.,1n. d Please specify what areas of the park are proposed for use: k•7Y1 COu•-ke-+ erti i ry 1,Lt.ce1 (Rout!) SitiA0-11u r an 9 [2 , CriTrVIAMtvl tik0,02). 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. 45 O Number of spectators that you expect: ..-r Please describe structures, tents, canopies, portable restrooms, etc. that you propos to set up at the park• None, tge2.pi- Erica ,1 f 2, N-koc,b Nucti.b16Lks- ay-t-- eceittiak q pcii tvug. Will amplification be required for your event? Yes No X ie- Please specify any electrical needs for your event: �Q�l!f { tl (t i Yl ac-ter 5�," f + Ls W o s?trobli�lC, c vt a o t s. �J Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. e (l a al SO reSQ.r � r -ICU , WLn icy �ve� �r� ►neP� S 01 c�. Cr-��/ Unll be, f yo ntici • a e any stree�'closures for your event, please describe elow, and s tivgliVetoa ymg ' diagram. : PLEASE COMPUTE OTHER SIDE c m a� Q Do you intend for the park to be open to the public during your event? Yes 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 n IAr No PaY-t1 (no spc5vic u2(Z Please describe any security or crowd control measures you plan for use of the park: Sm�i.� goof k I h 0 Irnwd , wuc� � �s , VuxYsc. For groups over 100 people, please describe your refuse control and recycling plan: 1\1'Iy — Yvta�o�i 6-C-- gtk12.5S+5 Un- VkinrtatV1 Stfu.e-- Please describe your clean-up plan during and after the event: Otfatzte- Please describe your r�estroom facility plan: Other Information Please describe how your organization, your event, and/or your use of the par will rove a br d-based t,, benefits to the community:n �- eApeAn, an_ oven An O.Oif ru rvO Yu, . 0 In au pyukoLi ocf Ent Ont.Please specify and describe othermity or city facilities that you plan to use: aar Cuk Have you applied for a Special Event Permit for this use? Yes No X 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: Date: f . 1 l 19 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 C cu 15) Page 12 of 131 MOAB CITY COUNCIL MEETING February 23, 2o3.6 Agenda. Item r #: 6-2 and 6-3 Title: Special Event License and Special Use of Swanny City Park for the Southeastern Utah District Health Department to Conduct the Moab Farmer's Market on Thursdays from April, 2016 through October, 2016 Fiscal Impact: None Staff Presenter(s): Carmella Galley Department: Administration Applicant: Southeastern Utah District Health Department Background/Summary: The Southeastern Utah District Health Department has applied for use of Swanny City Park as well as a Special Business Event License to conduct their weekly Farmer's Market at Swanny City Park on selected Thursday evenings. In previous years the weekly market has been conducted with no major issues. This event does not require law enforcement or other logistical support. The Special Events Committee has reviewed the application and supporting material and recommends approval of the event and use of the park with conditions. The Southeastern Utah District Health Department has requested a waiver of the park use fee for Swanny City Park for the weekly Farmer's Market for events beginning on April 7 and ending on October 27, 2016. The fee is $25 per week and the waiver for Park Rental amount would be $675.00. They are also requesting a waiver of the Special Business Event fee and Transient Business License fee totaling of $290. The total waiver of fees would be for an amount not to exceed $965.00. A copy of the fee waiver policy is attached. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Business Events License and Special Use of Swanny City Park with the following conditions: 1) Applicant will provide an updated vendors list each week one day prior to the event; 2) Applicant will keep the event confined to the park area indicated on the submitted application; 3) Applicant will actively inform participants and vendors of the Park Policy regarding no dogs or other animals in Swanny City Park. 4) There will be no vehicles parked on the lawn. Agend2 Page 13 of 131 5) Organizer will communicate with the Parks Superintendent concerning electrical needs for the event. Recommended Motion: "I move to approve the Special Business Event License and for the Moab Farmers' Market with the staff conditions as presented" and "I move to approve the and Special Use of Swanny City Park for the Moab Farmers' Market with the conditions presented by city staff." Attachment(s): Special Business Event License Application Special Use of Swanny City Park Application Supplementary material submitted by the applicant Agenda Page 14 of 131 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE)El : TRANSIENT ($90). OR Ei CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: »0A3 FAl2.%iE12 k�T PiZoDUct i.013D j c F-T 5+4b.V) f�luSZL SLJAION J `Z-14. TEMPORARY STRUCTURES TO BE USED (IF ANY): CA ND p$ i5 DATE(S) AND TIME(S) OF EVENT: n1.IJ451 Sty A'trAcAPit, ANTICIPATED # OF EVENT PARTICIPANTS: SD - 20 O NUMBER OF VENDORS PARTICIPATING: S - 2s TYPES OF VENDORS PARTICIPATING IN EVENT: . )PrZQ ^ UG 2 [ A -1- 5 EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): N o 5" ►�lYl1y }=� SI Sn ANNt, AL I41)oe F=EE /I)7, OP to t i;*1-1.5 td.N14.14tUi',2 EVENT SPONSORS NAME: 50 ort 4 445 � S ZZJ k 74 0 � 51 rZ s� � L.T� taT PHO CS 5.HC: l � L� T S � )�� ONE: i ZS9 - dZ SPONSORS ADDRESS: ,J . k C' 124> W CITY: M 0 A STATE: i ZIP: 9 32. SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: Al /A N/A TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION MOTHER (SPECIFY): _EVENT SPONSORS SALES TAX ID #: AI/A- NAME REGISTERED WITH THE STATE FOR TAX ID: DATE OF BIRTH: /A THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY INVE &5117— ��RIi t-r �S�T H PRIWNAME BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATIO. • . T • IN -UE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND • = (CANT • . TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. rrq� Sig State of Utah e orSponsor ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUB ate / Zo tc. 02 day of 3•4tinu46r1 ,oZp/1, JENNIE ROSS1;1j r_q:-.4, `'; Notary Public p 4 { " • State of Utah ` Comm. No. 661521 SEE BACK OF FORM 4 � •�•••My Comm. Expires Dec 11, 2016 ` • ~ a Z C t) Q Page 15 of 131 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: �)( ST 1 & MOAB CITY CODE: 11 CPI Ol V SIGN PERMIT: (` eGA) 1 rep MOVED -ON NECESSARY: ❑YES 9PNO REQUIRES PLANNING COMMISSION APPROVAL inYES #N0 REVIEWED BY ZONING ADMINISTRATOR: DATE: NAME OF APPLICANT: I Soo-HiAsTiZN or Dssr 141.hLNA 1mPt PHONE: 413E 253 56a Z APPLICANT'S MAILING ADDRESS: ��� S. �ANi C2. ZG CITY: /Lump STATE: _ 1- ZIP: pt,tJ32... 1 i NAME OF EVENT: /Y 1 OA\ 13 FA P--IA Gi�- M A Q V..5 'r. i LOCATION OF EVENT: �A /414v C M T \/ ,:-Ilei t)14 y-AC ZONE: R2, - (SP�EGIAl... EV -1- F-66D , {rp O D U £ f , C f .. A.‘:7 S , yid, V S ,r e. DETAILED DESCRIPTION OF SPECIAL EVENT: Page 16 of 131 06/16/05 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: (j2�� ►ZOG 07S /�llr4 � 7-pl./NJ OTA }{ �jI-S� �, Z T14 � } Name of Organization and Event if applicable: Soor1k1345Ti i;?-ti 0 will- ba's-i- blqr- Address: 6.7.5 Il -4) 5, (f)21f.%<- 1Mol4 TiS 0—r Z. Day Phone: 11 2'5 .A 54e• O Z. Email: n r•cx P,rS 0-+c., ti. q c� 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: Proposed Start Date: A-, ari- Start Time. Proposed End Date: to -r-615-vz Start Time. y am/p6 End Time: am/pm End Time. am/(6) 6)14 am/pm Please specify what areas of the park are proposed for use. Sai K i45 r e tai g {� 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"�5 dew"lumber of spectators that you expect: 50 - 2.-00 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: GA-+:38 PT_tS 14-kN 1J LJis Nir S r .-oN S Will amplification be required for your event? Yes No X Please specify any electrical needs for your event: \\\O C r-oo Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. NONS_ S 44 L.D B Ain R 5raivr- eAiakx•,v6 If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. ��� PLEASE COMPLETE OTHER SIDE Page 17 of 131 Do you intend for the park to be open to the public during your event? Yes X No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: t For groups over 100 people, please describe your refuse control and recycling plan: eZo7.1) �-\-; A, ;r 'S fie= it tAUi (2OAT 5 4V,100Q-5 t i yvsz �1�� 1�UtZ ~C'r ►r. i71 �j j r Please describe your clean-up plan during and after the event: 3 Please describe your restroom facility plan: LJS� i�iZovr��� Giart4 "t NC44._rtht_cla; Tors-c-T•e-N Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: 7`t44 i“opt i=G4RA4��5 G((r62��4� mou 3et)vl�nRs�1 av ()D>at� 3fGGI 1 5e. lJ B s L-t-"�v1_ r f-E£4L:7-1-i F4-tr3v 6 t44v rip •4 142)44-M Y co6G047t U I.T Y 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 condif s at ach this permit. Signature of Contact Per Date. I ` 26 — G 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 18 of 131 Swarmy Park r\ 400Nog» Street Aquatic Center Park Dfirfe a z C a) Q Outdoor Swimming Pools 6 Covered Picnic Tables 100 50 N - SCALE 0 100 1" = 1001 Page 19 of 131 200 FEET 100 kl/est Street To Main St. One Block 4--0 p--4 Page 1 of 1 2016 January February March Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 4 5 6 1 2 3 4 5 3 4 5 6 7 8 9 7 8 9 10 11 12 13 6 7 8 9 10 11 12 10 11 12 13 14 15 16 14 15 16 17 18 19 20 13 14 15 16 17 18 19 17 18 19 20 21 22 23 21 22 23 24 25 26 27 20 21 22 23 24 25 26 24 25 26 27 28 29 30 28 29 27 28 29 30 31 31 April May Sun Mon Tue Wed Thu Fri Sat Sun Mon 1 2 1 2 3 4 5 6 7 8 9 B 9 10 11 12 13 14 15 16 15 16 17 18 19 20 ® 22 23 22 23 24 25 26 27 gn29 30 29 30 June Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 3 4fr) 6 7 1 2 3 4 10 11 6 13 14 5 6 7 89 10 11 17 18 iltri 20 21 12 13 14 15 ® 17 18 24 25 26 27 28 19 20 21 22 33 24 25 31 26 27 28 29 1C301 July August September Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 O4 5 60 2 3 3 4 5 6 p 8 9 7 8 9 10 CD 12 13 4 5 6 7$ 9 10 10 11 12 13 (t) 15 16 14 15 16 17 C) 19 20 11 12 13 14 1 16 17 17 18 19 20 4) 22 23 21 22 23 24 23 26 27 18 19 20 21 23 24 24 25 26 27 GI 29 30 28 29 30 31 25 26 27 28 0 30 31 October November December Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 1 2 3 2 3 4 5 [f] 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 1 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 ,F ? 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 Agenda Page 20 of 131 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. ca C a) a) 4 Page 21 of 131 !All1 SpUTHEAST UrQH IIFAUR 11LPARIMPil 28 S. 100 E., Box 800 Price, Utah 84501 575 S. Kane Creek Blvd., Box E Moab, Utah 84532 25 West Main, Box 644 Castle Dale, Utah 84513 http://www.seuhealth.com Tel: 435.637.3671 Fax: 435.637.1933 Tel: 435.259.5602 Fax: 435.259.7369 Tel: 435.381.2252 Fax: 435.381.5635 DAVE CUNNINGHAM, R.N., M.S.N. DOTTIE FLEMETT, R.N. Nursing Director Health Director BRADON BRADFORD. M.S.P.H. TRACY RANDALL Environmental Health Director Budget and Accounting Officer 2/2/16 TO WHOM IT MAY CONCERN: The following is a summary of the 2015 Moab Farmers' Market and a request for the waiver of all fees for the 2016 season. Overall I would say that the 2015 Moab Farmers' Market was a success but more than anything it was a learning experience. We learned three primary lessons last year. The first is that by far Thursday Markets were more popular than Saturdays and that holding the market on two different days confused people. Second we learned that the fees we collect need to be adjusted to a slightly higher rate to cover costs. Third we learned that patrons tended to show up to the market primarily from 4:30-7:00pm even though the Market was supposed to be 5:00-8:00pm. This year to act on what we have learned the plan is to hold the market on Thursdays only from 4:30 - 7:00pm. We will also adjust the fees from 10% up to a $10 maximum to a new rate of 10% up to a $50 maximum. By adjusting the fees, the hours and adding in our ability to accept SNAP benefits this year we should be able to more effectively "break even' and not have a deficit". In the 2015 season approximately $2500 in fees were collected and approximately $7500 was paid out in employee wages and other costs leaving the market $5000 in the red. This deficit is not a problem for the first year but the market needs to come much closer to breaking even in the 2016 season. If fees are not waived it is unlikely that breaking even will be in the realm of possibility. Orion Rogers, M.S. REHS/RS Southeastern Utah Health Department Office: 435-259-5602 Cell: 801-557-6978 Page 22 of 131 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 21, 2016 / / Agenda. ltem #: 6-4 STY Q\ MOAB Title: Approval of Permits for Moab Rotary April Action Car Show Fiscal Impact: Law enforcement and other city services are needed to support this event. These costs, amounting to several thousand dollars, have been budgeted for. The special event and park permit fees provide revenue to the city, as does the sales tax generated by the purchase of goods and services by the participants of the event. Staff Presenter(s): Carmella Galley Department: Administration Applicant: Moab Rotary Background/Summary: The City Special Events Committee has reviewed the applications for the Use of City Parks and Special Event Business License for the April Action Car Show. We have conferred with the coordinator for the event and are of the opinion that all issues with the event and use of the park have been adequately addressed. We find that the proposed use of Swanny Park for this event provides clear benefits to the community. The event brings many visitors to the community and provides an attraction that locals and visitors enjoy. We have worked directly with the event coordinator on all issues related to the Special Event Permit and the Application for the Special Sue of City Parks. Traffic control, street closures, parking of vehicles, vendor location, hours and days of use, etc. have been addressed. Please note that the Park Use Application includes hours of use on three separate days. The Special Events Committee recommends approval of the Application for the Special Use of City Parks and the Special Business Event License Application for the April Action Car Show to be held April 29 through May 1, 2016. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. if JAAgenda Draft Documents\02-23-2016\6-4 Agenda Summary Car Show Permits - 2016.docx Page 23 of 131 Agenda Staff Recommendation: Staff recommends approval of all items with the following conditions: 1. The vendor organizer will provide extra paper products for the restrooms at Swanny Park. 2. Food vendors will be placed in the parking stalls on the southwest side of the park off of the grass and not blocking the roadway. 3. Vendor vehicles will not be placed in the red zone on 100 West Street. 4. The crosswalk on 100 West will not be blocked. 5. There shall be no parking in the red zones on 100 West Street. 6. The event organizer shall procure and place their own barricades. The City will not place barricades for this event. If signs are stored with the City, please contact Public Works a week prior to event to schedule a pickup. 7. Signage needs to be provided for, and event staff shall enforce, "no parking" on Walnut Lane and 200 North. 8. No stakes shall be used for tents or other structures, to avoid puncturing water lines. 9. The event organizer shall provide for recycling containers at each trash can areas, and shall provide for the pick-up for both trash and recycling. 10. The event organizer shall provide a dog monitor for the park to ensure that dogs are not present at the event. 11. No excessive noise before 7:00 am in the area. Recommended Motion: "I move to approve (insert name of agenda item), subject to the conditions outlined in the Agenda Summary memo for this item." Attachment(s): Special Business Event License Application Application for the Special Use of City Parks JAAgenda Draft Documents\02-23-2016\6-4 Agenda Summary Car Show Permits - 2016.docx Page 24 of 131 Agenda DATE PAID: AMOUNT PAID: RECEIPT NO.: c.00aO /7°4/g0 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $200.00 PLUS (CHECK ONE): ® TRANSIENT MO). OR El CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: a60:9° >� a NAME OF EVENT: DESCRIPTION OF EVENT: OW" (ti‘,0 n \ e A -41,/ k)L LOCATION OF EVENT: o_P-Lf Ar.54.1 a) (_'0t.r Vv-vv PREMISES TO BE USED: , TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ] 2i� . rr1 r/ 'km _ X>41 t ANTICIPATED# OF EVENT PARTICIPANTS: ,._ �r) NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Re,' q,s }tad poo+l•. `J ¢Kap r l0o Jon.S�or �'ae, QI IO'to comm�s��a+.�� `�aS,4yo ern, r nth raii7. EVENT SPONSORS NAME: SPONSOR'S ADDRESS: (\ rti.t/\ SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENT-TY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP O CORPORATION MOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WIT H 7 HE STATE FOR TAX ID' PHONE: STATE: ScLZ- ZIP:j DATE OF BIRTH: Ift. Tff'c-'- (Zria try THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. 11WE rLF:n HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREI IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND ApLICANT (SPONSOR). I AGREE TO FILE THE PROPER REPORTS WITH THE _ ATE OF UTAH. V i% /44'74 .. o, Sponsor State of Utah ) ) SSCounty of Grand ) SUBCRIBED AND SWORN to before me this �� +h day of 0 , ?IA U. NCJTARY PUBLtC lm AMA CMENEY Notary Put* Stott of Utah COMM. No. 685317 MI► Cam Eglm Od 6. 20111 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! a Z a a) Q PaIja,89 Avt,fi 5/4 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): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED Cl DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/O5 R Z C cu Q P@gei26ronf1W1 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FO!?.Yf 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 J i FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: !x►srin►(51 P QU 1 iED ❑ YES !i No 0 YES It'll' NO DATE: Ps' v I VJ NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: 1) f , PHONE: 1-t3 -; ?6, ''SW Dry: STATE: 0V1- DP: BUSINESS NAME: l (l I flip 3tAiritivii )1"iir4-106I,, • BUSINESS LOCATION: ► VA IV IH (Tr( p'Pki2y._ ZONE: - MIAL FVU1/4TT DETAILED DESCRIPTION OF BUSINESS ACTIVITY: CA -IL t] 1-to Y Y 06/16/05 a Z C cu Q PSgsfr,371 nfn13* 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 L _ Pik!. harci / � i' ittt f-) Pitt rt Name of Organization and Event if applicable: iYlikI 117 I� rtrt_yt.qq - R ( ,� 114)(4, rave ,�' )(_,,x Address. }')�5[ - --� I Day Phone: z)0 Email: 6 . v OU • tiCh-/ Proposed Park Usage Information 741111011.1111117 Which park to you intend to use? Swanny Park. r Other (please indicate name of park. Please indicate the proposed dates and times of user•,. Proposed Start Date: r Start Time: r14/0107 � pm End Time. 6, am,(0 Proposed End Date: Start Time. P • a pm End Time. _��= // eppm • Please specify what areas of the park are proposed for use. c 0 Kt' --el Ytr, 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:.5ODU Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: J, Will amplification be required for your event? Yes ,� No / L�j,(1/75 5z> .717 Please specify any electrical needs for your event: ^ (? ion LI 62 i?� --tr yngi Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. 7 If you anticipate any street closures for your event, please describe below, and show on the a ompal ying diagram. a z C a) Q PLEASE COMPLETE OTHER SIDE P3tge+@89 0fnf �� 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 a y security or crowd control mepfiures you plan f r y,se ofjpt��he park: No For groups over 100 people, please describe your refuse control and recycling plan: -yrx--iro! `14 le( Cfitif duly] 'f'o\ /1 1 Please describe your clean-up plan during and after the event: G�. i T Please describe your restroom facility plan: "her -Li Ye) 4- h ir; JOrf) Afalet.r!-ki yth:, r Lbrt Jae it 4 Sqin Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: r114. CA i- 1, A ) - N-141 ( cPilil ---Mi ' Avc.:__ ./ oifit.lb (-frnj 1i,,,id Men( / / ilUite r /761t_ '47 oryt ie y (KO yw/7 ,(44-pvid art 4 1 D / /10/V V, A it Sh, _a sV-1(. (- Please specify and describe other community or city facilities tlat you plan to use: Q MC -- 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: "titi»24_ Date. r 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 a Z C a) Q POpeA291o6112Y1 F .J 3 Covered Picnic SWa/7I7yParlr 400 NO/th Street Aquatic Center Outdoor Swimming Pools f— overed, 6andshetl Playground a a 6 Covered Picnic Tables \\\\--\\,\\16, \\\&\ \\\\ Parr Drive N SCALE 00 50 0 100 1"=100' 3 Picnic Tables 200 FEET 700 West Sire To Main St. One Block ... 0-0 I a z C a) Q Page 30 of 131 SWa/7/7yParlr i G' r G 1 i 400NO/7» Street Aquatic Center ..L� Outdoor Swimming Pools n Playground 0 d �R t' If00 S ,_ l�: lf � 6 Covered Picnic Tables m c� � �n � \\\\\\\\\\ \\\\C�\\\\\\ t 100 N 0 R z C a) Q 50 0 100 Or 200 SCALE 11 2 00' FEET S41'0_:)41'2--. titiolltr � n To Main St. One Block L Page 31 of 131 Swanny Park r 400Non» Street Aquatic Center Playground Park Drive 3 Picnic Tables iRtj ±rooms 6 Covered Picnic Tables t100 50 0 100 200 N SCALE 1" = 100' FEET To Main St. One Block 0---0 Page 32 of 131 Car SY‘oto Swannj Park A;c3-, s 400North Street �- J; Park Difve 100 50 0 100 200 N SCALE FEET 1" = 100' To Main St One Block z C a) Q Page 33 of 131 i AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 23, 2o16 Agenda ltem #: 6-5, 6-6 Title: Approval of Class II Beer License for Patcharawadee Prucktrakhul, d.b.a. Arches 1 Thai Inc. to Conduct a Restaurant at 6o North soo West; and Granting of Local Consent for a Full -Service Restaurant Liquor License for Patcharawadee Prucktrakhul, d.b.a. Arches Thai Inc. to Conduct a Restaurant at 6o North ioo West Fiscal Impact: All applicable fees have been paid by the applicant 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. This application is for a Class II Beer License and Local Consent for a Full - Service Restaurant Liquor License. The Class II Beer License entitles the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the State of Utah Liquor Control Act and ordinances of the City of Moab. Staff has determined that a formal background check is not required for this type of license. The Police Chief has reviewed this application and has determined that the application is in order and there are no proximity issues. This location has been licensed previously for beer and liquor. 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 and #6-6" Attachment(s): Application materials Agenda Page 34 of 131 DATE PAID: AMOUNT PAID: RECEIPT No.: VI6145 CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: PikT " y8 'N) HOME ADDRESS: SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE P fz-u C*--C�� o�rt71. H I u CITY; MO DATE OF BIRTH: DATE OF BIRTH: tk% -210-`iro�0 HOME PHONE' ST) I - 041.53 2 BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: j '}'� BUSINESS MAILING ADDRESS: CITY: STATE: v , I � ' -�/� �`A ,��M� /�j� 1�v [,/ a SALES TAX ID #:.�4� N �D O Yv 1` 1 d IrJ Q' �°� �.— BUSINESS PHONE' ���) �J O 'l 33 ZIP: WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE 1. ❑ CLASS I )(CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. _ 111 you also serve liquor, wine or heavy beer (over 3.2% by weight)? No ❑ YES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: N sPPPU -TS l N &T.F0 ?7,12D W 61 S02, l f101? bUt & * ppl ication is for 3.2% by weight only. Also requires a State license. Page 35 of 131 CD Q 09/21/05 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. Applicant's Signature STATE OF UTAH ss COUNTY OF GRAND } Pct. f ak ar a wQ d Lt.. Pr kc. k -iLrakh..1 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 s_0,_ ,.,,•52JENNIE ROSS ,. -;4. �;; Notary Public ` 4../4 , State of Utah Comm. No. 661521 1 My Comm. Expires Dec 11. 2016 r day of I� dg1 Notary Public Page 36 of 131 FULL -SERVICE RESTAURANT Local Consent LIQUOR LICENSE PURPOSE: Local business licensing authority provides written Commission (1) to issue an on -premise alcohol license for a the consumption of an alcoholic product on the premises of reducing the proximity requirements consent to the Alcoholic Beverage Control person to store, sell, offer for sale, furnish, or allow the applicant; and (2) to authorize a variance AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 IA 01/.b , City [ 'Town [] County Local business license hereby grants its consent to the issuance Business Name (DBA): WR authority of a full -service es 1 restaurant 6 !4' I r ` liquor license to: t Applicant Entity/Business Owner: Location Address: 6 ® N pierviAm tJ Da ozDaerKen 1 Ui.„-" too ko I ?"1-t-32- m oT 'e) K. Authorized Signature Name/Title Date LOCAL CONSENT FOR In accordance with Utah Code 32B-1-202, the local proximity of this establishment relative to a public or or park. PROXIMITY authority private VARIANCE also grants consent to a variance regarding the school, church, public library, public playground, Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, DABC Local Consent 1/2012 is acceptable. Local consent may be faxed to the DABC at PO Box 30408, Salt Lake City, UT 84130-0408 Page 37 of 131 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 21, 2016 Agenda item #: 6-7 Title: Approval of a Request by Wendy Hatch for an Amplified Music Event at Old City Park on August 20, 2016 Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Parks Applicant: Wendy Hatch Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. 1 Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve (insert agenda item title here). " Attachment(s): Please see attached letter from Wendy Hatch. Agenda Page 38 of 131 February 9, 2016 Wendy Hatch 1735 W. 540 N. #601 St. George, UT. 84770 (435)650-3750 Moab City Hall Attn: Recorders Office 217 E. Center St. Moab, UT. 84532 Dear Moab City council members, I wish to be placed on the next city council agenda for consideration of the music amplification permit at Old City Park in Moab, Utah. My daughter has reserved and paid the $30 fee for this. We have reserved the park for her wedding/reception on August 20, 2016 already. Thank you for your consideration and time, Sincerely Wendy Hatch Page 39 of 131 f MOAB CITY COUNCIL MEETING February 23, 2°16 / r Agenda Item #: 6-8 Title: Approval of a Special Business Event License for Creative Solutions, d.b.a. Jeep to Conduct a Business Display Event from March 19, 2016 to March 26, 2016. Located at 290 South Main Street, Walker Drug parking lot. Fiscal Impact: This is an annual event in our community that coincides with Jeep Safari Staff Presenter(s): Carmella Galley Department: Recorder Applicant: Creative Solutions/Jeep 1 J Background/Summary: Creative Solutions has submitted an application for their Jeep Display Event this year at the Walker Drug parking lot. The event has been held at this location previously. Staff has reviewed the application is forwarding the application to City Council with a recommendation for approval of the application as submitted. Parking, access and other issues have been adequately addressed. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommend approval of the Special Business Event Application, subject to the following conditions: 1. There will be no on -street staging of vehicles 2. Signs directing visitors to the overflow parking at Zions Bank will be provided by the applicant. 3. Creative Solutions will encourage patrons to walk to the event to assist with traffic congestion 4. A Fire Inspection will need to be completed prior to the Technology Trailer being connected to any power source(s). Recommended Motion: "I move to approve a Special Business Event License for Creative Solutions, d.b.a. Jeep to Conduct a Business Display Event from March 19, 2016 to March 26, 2o16, located at 290 Main Street" Agenda Page 40 of 131 Attachment(s): Special Business Event License Application and Supplementary Materials Agenda Page 41 of 131 THE SLOAN LAW FIRM, PLLC Christina R. Sloan sloan@thesloanlawfirm.com www.thesloanlawfirm.com * licensed in UT and CO February 12, 2016 Rachel Stenta City of Moab 217 E. Center Street Moab, Utah 84532 76 S. Main Street, Ste. 1 Moab, UT 84532 435.259.9940 Re. Submission of CSG Application for Jeep Enthusiast Event with Exhibits Dear Rachel, On behalf of my Client, Walker Drug, the Property Owner in the attached Special Business Events Application, please find attached CSG's application package for the Jeep Enthusiast Event with Exhibits. The Special Event is planned for 290 South Main in the Walker Drug parking lot March 19-26, 2016. The Package includes the Special Business Event License Application, Business License Compliance Form, Site Plans with display siting, a Parking/Restaurant Agreement with Walker Drug, a Parking Agreement with Zions Bank, and the application fee of $290.00. I do not represent CSG, but we are submitting this application on their behalf, as previously discussed with the City. In doing so, we want to preserve our objection to use of the Special Events Business Application Form, and the vendor designations used thereon, for Special Events that do not have a vending and sales component. We also object to the requirement for additional parking at Zions Bank for a Special Event of limited duration that does not integrate sales for profit where we can prove many participants will walk-up to the event or park along West 200 South and West 300 South. Nonetheless, despite these objection, we are happy to move forward and work with the City to process this Application for the benefit of both parties. We look forward to working with the City to host another successful Jeep Enthusiast Event without complications or complaints. CRS/ cc: Dave Burton, CSG Chris McAnany, City of Moab Attorney Sincerely, THE SLOAN LAW FIRM, PLLC Christina R. Sloan Page 42 of 131 DATE PAID: AMOUNT PAID: RECEIPT NO.: 02_1a-ft.o 00 o01u i Carr of MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: � s PLUS (CHECK ONE): {a TRANSIENT ($90): OR CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 940 240'00 �3 NAME OF EVENT: 7A06/26 / cte sy7r-25 1l//6 DESCRIPTION OF EVENT: �� �f yl��ieriee OV r a)/ 7/74- 54/6/75 LOCATION OF EVENT: p2 9Q ,laVThz-- inyWN PREMISES TO BE USED: gAV/4 /V6X PTr WAL e TEMPORARY STRUCTURES TO BE USED (IF ANY): f d / / /- zoit 20 ,f )7- .3 D 7,5,U?'1 DATE(S) AND TIME(S) OF EVENT:/� '� ��/ �6 7> 9R1 SPA) ANTICIPATED # OF EVENT PARTICIPANTS: /540 NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: /TA1 EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): .4 d,A, EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: /Z 5-4 iv: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP EVENT SPONSORS SALES TAX ID #: CJ I;ORPORATION PHONE: CITY: 409/4.45,60 STATE: 47 / ZIP: ,eloe /0 Y- OOTHER (SPECIFY): DATE OF BIRTH: NAME REGISTERED WITH THE STATE FOR TAX ID: ek,697;re i.+d/4040 6 acme /A/ e. THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. I/WE a I1-3%0Z-itari HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/VVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND AP • L ANT (SPONSOR). I/WEE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. (14011 of Sponsor Star tah ) ) SS County of Grand ) J SUBCRISED AND SWORN to before me this. tQ day of filf71Qg , 0704 r— LAURA D. BRISTOL PUGH Notary Public, Mete of Michigan County of Oakland My Commission Expires Fab. 05, 2019 Acting in the County of SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! NOTARY PUBLIC co C Q Page 43 of 131 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): 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: R Z C a) Q Page 44 of 131 07/01/05 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 FOR ZONING OFFICE UpE ONLY PARKING: •)( WI MOAB CITY CODE: 11 • 2hAO SIGN PERMIT:1gq) MOVED -ON NECESSARY: ❑YES # NO REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 10)NO REVIEWED BY ZONING ADMINISTRATOR: DATE: A • 1 9.• I 4 NAME OF APPLICANT: /7 /A" ggios-m- PHONE: (21/ea C! / ! d APPLICANT'S MAILING ADDRESS: /2.50 / K • 606 ( CITY: eixos io STATE: i / ZIP: 4/g / / I BUSINESS NAME: WALE�� VCr:1121.416. Ldr) BUSINESS LOCATION: 290 S . M4i r."*".•4 ZONE: CS - SP•Fatkk r DETAILED DESCRIPTION OF BUSINESS ACTIVITY: /TWO .e.A.17-tA- .T,&eyo JA- 2eAo - J.c-po ,eivTNu s/A.5T,erlcc7 ud/7W 611//Bi 7s /well if, 2e/b - MAW/ zr, 20/6 06116105 PARKING LO'• IYI Fr, a !a JEEP TECHNOLOGY TRAILER o 0 0 0 0 0 YOPAA l y Mr "H188 B NER C RIGB•OKP/E •\ O - — F ` REGISTRATION TENT PINPOINT BOARD / O O H RESEARCH CIWG :!l_ `�. T i ' + fHfMNC[ AR�k TRUSS BANNER eHfRANCR ARCH f� •, DEED OISPIAY VEHICLES 0- ^� / /4\ A� TIiUbG GAxNIER �\ : F�/��` y�y ARe DISPLAY \ 7. JEEP OmPLAT VEIPCLES YOPAR 1P tD' 7ETENT X 0 u � l 1[ ®� 1, c c - - - - - d I0' f� 4 ` et `- ENTRY . EXIT G YAIN STRUT ah=47) I Wr--- R z C cu Q Page 46 of 131 a Z C a) a) Q Page 47 of 131 Proposed Site for Jeep at Walker Drug Approximately 150' wide by 70' deep ca C a) a) Q Page 48 of 131 02-10-16;10:69AM; RECEIVED 02/10/2016 11:22AM 43525957355 tA"41V°9 Desert West Office ;970-243-8766 # 2/ 2 • 1 creativesolutionsgroup tradeshows •• events •• multimedia 111: February 08, 2016 I Jack Walker, owner of Walker Drug, do hereby grant permission to the staff and employees of Jeep and Mopar for the following: 1. Use of the parking lot and restroom facilities of Walker Drug located at 290 South Main in Moab, Utah 2. Use of the lot and restroom facilities will be in conjunction with the 50th Annual Moab Jeep Safari from March 20, 2016 through March 26, 2016 Approved by: Walker r Drug Date 1; Ski N.Cr„o�:c L;w;C,n. f•,:ichi3an 4.H01 7 Tel ; ;:+..2y8.9700 • f.r; :'4 .JHH 117(71) a Z a to Q Page 49 of 131 creativesoiutionsgroup orm tradeshows • events • multimedia 4,14.11 February 10, 2016 I, Mel Hugentobler, acting as representative for ZB N.A. dba Zions First National Bank, do hereby grant permission for the use of the ZB N.A. dba Zions First National Bank parking lot located at 330 S. Main Street in Moab, Utah for parking by participants associated with the 50th Annual Moab Jeep Safari from March 20-26, 2016 as follows: 1. On March 20 and 21, 2016, the entire Bank parking lot may be used for parking for said Special Event. 2. On March 22 through 26, 2016, the 20 parking spaces along the back (West) property line of the Bank may be used for parking for said Special Event. Approved by: a :2 I b I Hugentobler / ate N.A. dba Zio irst National Bank 1250 N. Crooks • Clawson, Michigan 48017 • Tel 248.288.9700 • Fax 248.288 0700 co C Q Page 50 of 131 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 21, 2o16 Agenda item #: 6-g Title: Approval of a Vendor License for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventures, Located at 83 South Main Street for a term of February 25, 2016 to February 24, 2017 L. Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, Assistant City Manager Department: Recorder/Treasurer/Planning Applicant: Kent and Christine Green Background/Summary: This application is for a vendor license. The applicant was approved last year for a vending structure located at 83 South Main Street. There were no issues with the previously approved license. There is one other vendor currently approved for this location. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License for Christine and Kent Green at 83 South Main Street. Recommended Motion: I move to approve a vendor license for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventure. Attachment(s): Vendor Application Agenda Page 51 of 131 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL — YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET Moms, Um 84532 (435) 259-5121 / FAX (435) 259-4136 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: C 3 BUSINESS NAME: Moab Cowboy Country Off Road Adventures BUSINESS MAILING ADDRESS: P. O. Box 1314 e-mail address: moabcowboycg cegmail.com CITY: Moab BUSINESS PHONE: 435.220.0746 STATE: UT zip: 84532 Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities 97 S Main Street Length of time and/or specific dates business will be conducted: year round Proposed hours of operation: 8am -10pm Type (see definitions): ❑ Cart ❑ Vehicle 0 Display Apparatus Vendor Type (see definitions): ❑ Street Vendor 0 Sidewalk Vendor ❑ Private Property Vendor IrLocai Vendor 0 Food Vendor Goods, wares, services or merchandise to be sold or offered for sate: Guided Tours BUSINESS OWNERS NAME: Christine (Cricket) and Kent Green PHONE: 435.220.0746 OWNER'S ADDRESS: 549 E Center Moab STATE: UT LP: 84532 OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNERS SOCIAL SECURITY NUMBER: DATE OF BIRTH: - OPERATORS NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: Christine E Green m 0 a6 0_,5 W b oy �,.,u1 r.( D r.c. Is; Q 0 PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED /F MORE INFORMATION /S REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE /S PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 52 of 131 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL OF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. IME Christine E Green HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY P FAC.F PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION • D HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE, AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWN UWE A i _�li� FILE PER REPORTS WITH THE STATE OF UTAH. ignature or State of Utah ) § County of Grand t)-) ,9-741 .2-0/49 SUBCRIBED AND SWORN to before me this NOTARY LIC DEFINITIONS: day of -CP L f ELIZABETH STOTZ Notary ►ub& State of Utah My Commission Expires on: August 17, 2019 Comm. Number: 684639 ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. ➢ Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The tern "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14.): o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ Local Vendor. Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor. Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 7/2013 T.•IBUSINESSLICENSESIBUSLICFORMSIBusLic- Vendor revismadocx Page 53 of 131 VENDOR APPLICATION CHECKLIST aiDESCR TION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN 1/8"EQUALS ONE FOOT SHOWING: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTYLINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) 1,)k ❑ BACKGROUND CHECK OF PROPOSING OPERATION /N A RESIDENTIAL ZONE) v ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IFAPPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS, ❑ ZONING COMP9ANCE EVIDENCE �V COMPLETE ATTACHED COMPLIANCE FORM ud'/ ATTACHED PROPERTY OWNERS AUTHORIZA770N LETTER LK ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ooj- IRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) co Ik ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/27/2013 TABUSINESS LICENSESIBUS LIC FORMS1Bus Lic - Vendor revisondocx R Z C a) Q Page 54 of 131 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING O APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER O APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: O APPROVED ❑ DISAPPROVED REASON(S): Administrative Fee* $600 one time fee Solid Waste Fee/Food vendors $10 per month or partial month Limited Term (less than 30 days) $610 Flat Fee (includes administrative fee) Long Term (1 month-12 months) $20 per month (plus admin fee) `Waived for local vendors with permanent business address in Grand County 11/27/2013 P IBUSINESS LICENSESIBUSLIC FORMSIBus Lic - Vendor revison.docx a Z C a) a) Q Page 55 of 131 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET Moan, UTAI484532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERUICE(S). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: Moab Cowboy Country Off Road Adventures BUSINESS ADDRESS: 97 S Main, Moab, UT 84532 OWNER'S NAME: Kent and Christine (Cricket) Green TYPE OF BUSINESS (EXPLAIN W DETAIL): BI1JRE& PHONE: OWttflMNE 435-220-0746 435-220-0747 Guided off road side by side tours. Some times we meet them at the trail head or pick them up at their motel, Other times we leave from our office. They drive our machines or we guide them in their own machines. We are BLM permitted. THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUI D: ❑ YES MO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED E DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION QUIRED: ❑ YES NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: ❑ YES At NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDISAPPROVED ❑ REASON: 07/01/05 t< -c C cu Q Page 56 of 131 ..icy vl iv.wau 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: %� (n Name of Applicant:-l�er�� s l.. h i -e ` vvl dot) 6ree-r) Business Name: Moab awhej 064/1,41 Od iCi bt�L�Lnn 12 1 Address: 5(CM �'_ Ct � \ V � 131') tjaadja � P one: 1- `fs" (rttgo 16 a I: IM � �ca6r,ockbo y is Ga ja Al i czy?t Property Owner: 19e_42-4- aoea Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor O Sidewalk Vendor O Private Property Vendor XLocal Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): ❑ Cart O Vehicle Albisplay Apparatus DUI id i;t " Detailed description of business activities: 6 (t ( d Q (207-e-Itotebei 51klA S � s (,ve Se) mrn meet peep leak Total number of off-street parking spaces: 0 `-i'lkare. it o r tat GIG +41411 U./0 - Malt I J Hours of operation. TR o To be filled out by city: Zoning: ei3 Allowed use per Moab Municipal Code section: \ T ogo L J Number of parking spaces required for permanent business. CM\NOW-INVIr-ADk NE-1 SST' tO Number of parking spaces required for other businesses. Nirmrrt:, M14.vin A • 4 Ks Zoning Administrator Date Page 57 of 131 CITY OF MOAS 217 EAST CENTER STREET MOAB, UTAH 84532.2534 (435) 259-5121 FAX (435) 259-4135 Property Owner Authorization Letter City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that 1, Date. cf7/! 4 ''‘obec2* ckftot_ 640-1-Kic4:—Ocuje_ , (property owner name) am the owner of the property located at I understand that 83 S. (Walt, 11 /4.0 H Of -0131 (f (property address and pared tax m o) C�rvir��rt►�- C CXtiktAl 4 ems' 64-ce-n has applied for a business license for (name of business license applicant) II�003 Coukdli 4gtttriry 0K&cE_A-ctv' (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. )eo ?giii)2re � G Print ,Name ,TWO G �d3s--a/ /4�� �� �, ,cap L Telephone # Email / Please list additional businesses authorised to use the above property and restroom Tacaliues: Page 58 of 131 MOAB TOWN BLOCK 14 IN SECTION 1, Tl26S, R21E, SLB$M CENTER STREET p STREET)® fa.4wnaf+r 1. Ca =EMU• ISTLAQfISFBr n n1nS svNTn 99A' 99.0' b m0 IS01 OSANDl9URY 01a1•OW/ OD 1�a Minn. PLAZA MC OlJ1•mn6 GED NRTYN •JSA 06C LOT 3' C a CED SVOW : B' 16t0 LLy Mnteoummn 3JII Q p L GUM MUM 01i1.006 42. oc, ur nlaum4 m LOT 4 nr taa LIZ al DLO na n1a a 01#1.0006 a a m I)1.• Na OSIa \ \ NonYJINnAYA Oc \ nJ1.a110 !� \ t a\•{ t \ 'ko \ • a XIO 11aao1Ywrn 'MAW" 0 31.0 \ urrm7-1.4—• �J LILY 'NAY tAIAEY TI(IaIDC • 4L ANNu •"nI T14" NwT1M0 uur w • 0141.•001 nY elr CAROL It Nnti ! +sa 6) 0141.0011 nv ail.mn m a Z tOW1TAMINES 61i1•n11 CID nv SO Mlo.Y 4. 1' R OUTA2701 C. 0141140011 • ii 4 CD E ROM. 100 LOT 2 S 89•47 E 462;8 LOT FIRST SOUTH (C STREET) 231 231 a a 462 PROSI,u LOCAIO„IZ. 0141 0N, Graphic Scale W O 21' SO' /SY /'-Sa 99.0' VI.4p011@ft AT 'MOWN MOW A b 1n ...MEW EW • "'11TAa SMUT \ \ \ R Z C a) Q Page 60 of 131 ' L ' - _ - -r-r-7 | | - -r` � + -7- -� -� --f-� �--+��-f , ' � 1lqiQ| . --^=--- --- -+ f / / � ' | . � (L � | -4'-- ' ---------- | . ' � | - ---�--- -' � ` ' � \ - -- - ---- - / T- - - -- ' --' _ Y/�l' u��/ epue6v I O (8Z) )) HMOS IS2II3 .07917 HIL17068 S Z 1,01 ,S rc� T b p s'L -T'Oi1 78Z`[ Zo 100017M-10 ° 00 00 00 LA Z/1 A3'IS'IVII IdNV A'Il'I 00/9/5ISITHI A IIWt 3 A31S1VEI 3318(121i A3'IS'IVEI NNY A7I I Z'Z . c7o 0 88 .0 88 .LSV3 L.) W N N 00 O .017Z 1 _ •_ 0'8Z N N O 0 .0 LOC 1700017113-10 3AdQ 3 VIRLNAD 3AVC1.1.2I3g021 .0'£0Z .0-T £Z \ `° �Z380 °4s (wv) s000-vIS-10 DNI VZVII I‘I2I31S3M .0 7Z 1 A O 0 A O 0 .0'1 £Z .0 HZ 00- O 0 W N O S 9000-V113-10 �NI VThrld 1•12131S3M A 0 0 Page 62 of 131 / ,0' 1 £Z ca c am a) Q MOAB CITY COUNCIL MEETING February 23, 2o16 Agenda Item #: 6-io Title: Approval of a Request for us of City Right-of-way by John Knowles to Conduct a Sidewalk Sale on March 11 — 13, 2016 at 50 South Main Street. Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder/Asst. City Manager Department: Administration Applicant: John Knowles Background/Summary: John Knowles has requested permission to place goods on the sidewalk for a sidewalk sale to be held from March 11 to 13, 2016, at 50 S. Main St. Permission from the City Council is required to place items for sale on the sidewalk. This is an annual sidewalk sale that has been approved previously. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the sidewalk sale as requested, provided that a clear walking path along the sidewalk is provided. Recommended Motions: "I move to approve the sidewalk sale for John Knowles as requested, with the condition that a clear walking path along the sidewalk is provided." Attachment(s): Request letter Agenda Page 64 of 131 Arches Trading host, Inc. 50 South Main Moab, Utah 84532 435 259-4070 fax 43.- 259-8602 February 18, 2016 To: Moab City Council, Arches Trading Post, located at 50 S Main Street, is requesting permission to use the city right of way for our annual sidewalk sale March 11h-13th , 2016. The hours of the sale will be from 9a.m. to 6p.m. daily. All city rules regarding sidewalk sales will be followed. Thank you for your consideration. John Knowles Arches Trading Post 50 S. Main Street Moab, UT 84532 a z C a) a) Q Page 65 of 131 February 8, 2016 Moab City Council 217 E. Center Street Moab, Utah 84532 Dear Moab City Council, Moat) Half Marathon P.O. Box 743 Moab, UT 84532 Moab Half Marathon, Inc. ("MHM") hereby requests a signed Letter of Support from the Moab City Council to the Bureau of Land Management ("BLM") to show the City of Moab's support for the history and economic value of the Canyonlands Half Marathon, its 5 Mile Race, and the Other Half to the Moab community Since the City is a cooperating agency of the BLM, the City's support (along with the County Council's support, formalized in the attached letter dated February 4, 2016) may cause the BLM to reconsider its permitting decisions over state highways in and around the Moab area. By way of background, for the first time in the races' 40-year history, the BLM is attempting to require a Special Recreation Permit ("SRP") for the use of State Highway 128 rather than a Land Use Permit ("LUP") for the incidental use of parking lots on federal lands outside the state's right-of-way located at Take -Out Beach and the Grandstaff Canyon trailhead. This is important to the City of Moab for two reasons: 1) as explained below, the BLM is attempting to exercise authority over a state -managed highway in violation of a legal easement for the same; and 2) the SRP fees (which are fixed by code) amount to a 11,000% increase over LUP fees (which are subjectively determined by the BLM Field Director) charged in prior years, which may harm the future of the race, the race's charitable giving program which has returned nearly $100,000 to the Moab community in the last five years in non-profit donations, and the Moab economy. Additional legal reasons for objecting to the BLM's permitting decision include waiver, reasonable reliance, and the races' grandfathered-in status as pre -dating the SRP regulations entirely. As the City Council may know, the races began in 1976 and still follow their original courses on State Highway 128, the River Road. They also kick off the tourist season in March of each year and often extend the tourist season in October. With approximately 4,000 racers a year, who bring with them 2+ additional people for each race and stay for an average of two nights in town, the races bring millions of dollars in revenue to the Moab community each year. State Highway 128 traverses over federal lands managed by the BLM, but the roadway itself is managed by the Utah Department of Transportation under a Highway Easement Deed formalized and recorded in 2006. The relevant initial pages of the Deed are attached hereto (see the last paragraph of page 4). In the Deed, the BLM grants to itself the right to permit only those uses on or along the Highway that do not interfere with traffic. Accordingly, the Deed reserves to UDOT the right to authorize uses that require UDOT to close the roadway, as do the races. The BLM must defer management of the Utah's highways to the state. The races have been permitted by UDOT, Grand County, and the City of Moab for decades. For the races' first 30 years, the BLM did not permit the races. Beginning in 2006, the BLM required LUPs for the incidental uses of federal lands outside the state highway right-of-way. Then on October 15, 2015, the BLM Agenda Page 66 of 131 issued a final decision requiring an SRP for the races for the first time (37 years after the SRP regulations were enacted). MHM has appealed the BLM's decision to the federal Interior Board of Land Appeals ("IBLA"). It can take the IBLA Board up to three years to issue a decision, and many cases settle in that time. Highway 128 is used by many City residents on a daily if not weekly basis for transportation and recreation. And while it does not run through the City, MHM's appeal brings up issues that will apply to other nearby state highways, including Highway 191, our main thoroughfare. And, of course, the Canyonlands Half Marathon and the Five Mile races do run into town and are important to local businesses and individuals. For these reasons, this issue is important for the City Council to weigh in on, give the BLM direction as a cooperating agency, and show the BLM that the City of Moab values the State of Utah's management of its highways and the Moab Half Marathon races' history and economic value to the Moab community. MHM appreciates the City of Moab's willingness in advance to sign a Letter of Support! Sincerely, Ranna Bieschke, President Moab Half Marathon, Inc. Agenda Page 67 of 131 February , 2016 Beth Ransel, Field Manager Moab Field Office Bureau of Land Management 82 E. Dogwood Avenue Moab, Utah 84532 Re. Letter of Support for the Canyonlands Half Marathon Races and the Other Half Dear Ms. Ransel, As a cooperating agency, the City of Moab (the "City") submits this letter of support for the Canyonlands Half Marathon Races and the Other Half (the "Races"). The City appreciates the BLM's management of federal lands surrounding the Moab community. And the City understands that Special Recreation Permits are an important tool in regulating use by the more than 2 million visitors on BLM lands in the greater Moab area each year. At the same time, the City also supports the history and economic value of the Canyonlands Half Marathon races and the Other Half. These races began in 1976, are part of the fabric of our tourism season, and bring in millions of dollars in revenue to Moab businesses each year. The races are permitted by multiple agencies, require a significant law enforcement and emergency personnel presence, and maintain a fantastic track -record for protecting the lands they use and keeping people safe. Further, the City values the role that the Utah Department of Transportation ("UDOT") plays in managing our state highway system, which is crucial to not only our health and safety but our tourism economy. And, the City supports the State's ability to manage and permit all uses that interfere with the free flow of traffic or impair the full use or safety of its state highways, including Highway 128. This letter does not provide a legal opinion regarding MHM's claims in its appeal of the BLM's October 15, 2015 decision to require a special recreation permit for the Races. However, if the federal government has granted to the state a right-of-way together with specific management rights, the City supports UDOT as the primary permitting authority over that state right-of-way and the BLM as the primary permitting authority over federal lands outside of that state right-of- way. Sincerely, Dave Sakrison, Mayor City of Moab Agenda Page 68 of 131 7ltea February 2, 2016 Beth Ransel, Field Manager Moab Field Office Bureau of Land Management 82 E. Dogwood Avenue Moab, Utah 84532 GRAND COUNTY COUNCIL MEMBERS Elizabeth Tubbs (Chair) • Jaylyn Hawks (Vice Chair) Chris Baird • Ken Ballantyne • A. Lynn Jackson Mary McGann • Rory Paxman Re. Letter of Support for the Canyonlands Half Marathon Races and the Other Half Dear Ms. Ransel, The Grand County Council recognizes the importance of the BLM's role in promoting and protecting resources on federal lands within Grand County. The Council understands that Special Recreation Permits are an important tool in regulating use by the more than 2 million visitors on BLM lands in Grand County each year. At the same time, the Council also values the role that the Utah Department of Transportation ("UDOT") plays in managing our state highway system, which is crucial to not only our health and safety but our tourism economy. The Council supports the State's ability to manage and permit all uses that interfere with the free flow of traffic or impair the full use or safety of its state highways, including Highway 128. Where the federal government has granted to the state a right-of-way together with specific management rights, it seems like a reasonable course, then, for the BLM to defer permitting authority over the state highway to UDOT. The Council also supports the history and economic value of the Canyonlands Half Marathon races and the Other Half. These races began in 1976, are part of the fabric of our tourism season, and bring in significant economic value to Moab businesses each year. The races are permitted by multiple agencies, require a significant law enforcement and emergency personnel presence, and maintain a fantastic track -record for protecting the lands they use and keeping people safe. Sincerely, liz bb Tubbs, Chair Grand County Council Council's Office • 125 E. Center St. • Moab, UT 84532 • (435) 259-1346 • www.grandcountyntah.net Agenda Page 69 of 131 Ent 471547 Bk 666 R__gg 318 -- Date: 27-MAR-2006 at 10PM 36 8 Fee: None Filed By: JAC MERLENE MOSHER Recorder GRAND COUNTY CORPORATION For: UTAH DEPARTMENT OF TRANSPORTATI ON HIGHWAY EASEMENT DEED Grand County Project No. S0344 (1) (UTU-80831) SR-128 jct. of US-191 to old SR-6 & SR-50 Parcel 1,2,3,4,5,6,7,8,9, and 10 THIS DEED, made this 13 day of March, 2006, by and between the UNITED STATES OF AMERICA, acting by and through the DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, hereinafter referred to as the DEPARTMENT, and the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the GRANTEE: WITNESSETH: WHEREAS, the GRANTEE has filed application under the provisions of the Act of Congress of August 27, 1958, as amended (23 U.S.C. Section 317), for the right-of-way of a highway over certain land owned by the United States in the State of Utah, which is under the jurisdiction of the United States Bureau of Land Management (BLM), and, WHEREAS, this transfer is further authorized under the provisions of the Act of Congress approved October 15, 1966 [80 Stat. 931, 937, Section 6(a)(1)(A)] and, WHEREAS, the Utah Division Administrator, pursuant to delegations of authority from the Secretary of Transportation and the Federal Highway Administrator, has determined that an easement over the land covered by the application is reasonably necessary for a right-of-way for the construction of the Project No. S0344 (1) (UTU-80831), SR-128 jct. Of US-191 to old SR-6 & SR-50, and, WHEREAS, the Department of Interior, acting by and through the Bureau of Land Management, has agreed to the transfer by the DEPARTMENT of an easement over the land to the GRANTEE, NOW THEREFORE, the DEPARTMENT as authorized by law, does hereby grant to the GRANTEE an easement for right-of-way for the construction, operation, and maintenance of a highway, including control of access thereto from adjoining lands, and use of the space above, at and below the established grade line of the highway pavement for highway purposes on, over, across, in and upon the following described land of the United States within the County of Grand, State of Utah: Agenda Page 70 of 131 Serial No. UT-080831 RIGHT OF WAY ACROSS GOVERNMENT LAND FOR EXISTING HIGHWAY STATE ROUTE 128, IN GRAND COUNTY, UTAH SR-128 R/W Parcel No. 1 R/W Parcel No. 1 passes through the following aliquot parts and government lots of the Public Domain: Township 25 South, Ranae 21 East, SLBM Section 26: Lot 2(3.69 ac); Lit 1(3.10 ac)Section5: Lot 3(5.76 ac); Lot 2(5.96 ac); Lot 1(1.72 ac)Section 24: Lot 2(6.13 ac); Lot 1(5.85 ac); Lot 3(0.06 ac); Lot 4(3.59 ac) Township 25 South, Ranae 22 East, ,SLBM SECTION 30: Lot 2(3.78 ac); Lot 1(0.31 ac)Section 19: Lot/4(7.33 ac); SE4W1A(0.95 ac); Lot 3(6.33 ac); Lot 2(4.12 ac); Lot 1(4.14 ac)Section 20: Lot 1(3.57 ac); NE'iNWIJJ-0.05 ac)Section 17: Lot 4(3.45 ac); Lot 3(2.51 ac); Lot 1(3.11 ac)Section .16. Lot 4(2.52 ac); Lo.t.-3(4.45 ac); Lot 2(6.23 ac); Lot 1(6.96 ac)Section 15:Aot 1(3.63 ac)Sectio4/0: Lot 7(5.26 ac); Lot 6(1.44 ac); Lot 5(6.13 ac); Lot 4(4.06 ac); Lot 3(3.36 ac); Lot 2(4.71 ac);SectiK 9: Lot 1(6.24 ac); Lot 2(6.56 ac). Lot 3(6.97 ac); Lot 4(6.01 ac) Sectiaki 8: Lot 2(5.80 ac) ; Lot 1(4.09 ac) Sects 5: Lot 3(4.23 ac) ; Lot 2(5.82 ac); Lot 1(3.10 ac)Sectitle-4: Lot 5(2.91 ac); Lot 4(5.35 ac) Township 24 South, Ranae 22 East, SLBM SECTION 33: Lot 11(6.19 ac); Lot 9(4.82 ac); Lot 8(4.23 ac); Lot 6(2.36 ac); Lot 7(5.68 ac); Lot 1(8.76 ac)Section 34: NWANWk(0.81 ac)Section 28: Lot 2(0.01 ac)Section 27 Lot 8(5.93 ac); Lot 7(6.22 ac) ; Lot 6(6.37 ac) ; Lot 5(6.15 ac) Section 26: Lot 5(6.31 ac) ; Lot 6 (6. 92) Section , 35: NEW/01(0.12 ac)Total acreage of R/W Parcel No. 1: 252.22 ac, more or less. ALSO: SR-128 R/W Parcel No. 2 R/W Parcel No. 2 passes through the following aliquot parts and government lots of the Public Domain: Township 24 South, Ranae 22 East, SBLM Section 36: Lot 2 (4.67 ac); Lot 1 (1.10 ac). Section 24: Lot 5 (2.29 ac). Total acreage of R/W Parcel No. 2: 8.06 ac, more or less ALSO: SR-128 R/W Parcel No. 3 R/W Parcel No. 3 passes through the following aliquot parts and government lots of the Public Domain: Township 24 South, Ranae 23 East, SLBM SECTION 30: Lot 9(7.35 ac); SE'4NE14(1.44 ac); Lot 1(5.50 ac)Section 29: NW4NW4(6.60 ac); NE;ANW4(2.06 ac)Total acreage of R/W Parcel No. 3: 22.95 ac, -more or less ALSO: SR-128 R/W Parcel No. 4 R/W Parcel No. 4 passes through the following aliquot parts and government lots of the Public Domain: Ent 471547 Bk 0666 Pg 4319 Agenda Page 71 of 131 Township 24 South, Ranae 23 East, SLBM SECTION 20: Lot 8(5.00 ac); Lot 7(1.51 ac)Section 21-: SW'ANW'4(7.00 ac); SnINW;4(3.54 ac); NEkNW4(3.97 ac); NW;111E.1 (5.39 ac) Total acreage of R/W Parcel No. 4: 26.41 ac, more or less. ALSO: SR-128 R/W Parcel No. 5 R/W Parcel No. 5 passes through the following aliquot parts and government lots of the Public Domain: Township 24 South, Ranae 23 East, SLBM SECTION 15: NW4SW',A(6.17 ac); SW;INW'k(2.09 ac); SEIANWIA(7.52 ac); NE4NNWN (0.08 ac); SW:INV-4(0.50 ac); NW4NEk(7.01 ac); NDINE;1 (3.23 ac) Section 10: SEkSE41 (4 . 32 ac) Section 11: SWI4S104 (5.18 ac) Total acreage of R/W Parcel No. 5: 36.10 ac, more or less. ALSO: SR-128 R/W Parcel No. 6 R/W Parcel No. 6 passes through the following aliquot parts and government lots of the Public Domain: Township 24 South, Ranae 23 East, SLBM SECTION 11: NE;ASWk(5.42 ac); SE'INW4(5.22 ac) ; SWINEk(1.98 ac) ; NW;INE , (6.85 ac) ; NE%aNE;11(2.10 ac)Total acreage of R/W Parcel No. 6: 21.57 ac, more or less. ALSO: SR-128 R/W Parcel No. 7 R/W Parcel No. 7 passes through the following aliquot parts and government lots of the Public Domain: Township 24 South, Ranae 23 East, SLBM SECTION 1: SW4SWk(6.37 ac); NW'4SW4(6.21 ac); SW'INW'1(4.27 ac); SE;1NWk (1.92 ac); Lot 4(0.03 ac); Lot 3(6.21 ac) Township 23 South, Ranae 23 East, SLBM SECTION 36: Lot 10(7.08 ac); Lot 6(1.33 ac) ; NW',SE;1(5.76 ac) ; Lot 5 (5.59 ac) ; SE;INE;1(1.44 ac) ; NE;1NEk(5.48 ac) ; Lot 1(0.67 ac)Section 25': SE;ISE;1(0.16 ac); Lot 10(6.97 ac); Lot 5(3.60 ac); Lot 6 (3.84 ac); Lot 4(6.77 ac); Lot 1(5.47 ac)Section 24: Lot 9(6.01 ac); Lot 7(5.16 ac); SW'NNW'*(0.26 ac); Lot 6(1.93 ac); Lot 5(5.24 ac); Lot 2(6.51 ac); Lot 1(2.55 ac)Section 23: Lot 4(5.54 ac); Lot 1(5.59 ac)Section 14: Lot 7(5.29 ac); Lot 4(4.09 ac); Lot 3(7.35 ac) Section 13: Lot 3(6.61 ac): Lot 8(2.96 ac) Township 23 South, Range 24 East, SLBM SECTION 19: Lot 1(0.73 ac)Section 18: Lot 10(6.94 ac); Lot 8(6.08 ac); Lot 7(6.45 ac); Lot 4(6.04 ac); Lot 3(6.11 ac); Lot 2(2.18 ac) Total acreage of R/W Parcel No. 7: 144.28 ac, more or less. ALSO: SR-128 R/W Parcel No. 8 R/W Parcel No. 8 passes through the following aliquot parts and government lots of the Public Domain: Ent 471547 Bk 0666 Pg 0320 Agenda Page 72 of 131 Township 23 South, Ranae 24 East, SLBM SECTION 7: NE44SE4(0.22 ac)Sect on. 8: NWISW34 (6. 02 ac) ; NE4SW4 (6.42 ac) Total acreage of R/W Parcel No. 8 : 12.66 ac, more or less. ALSO: SR-128 R/W Parcel No. 9 R/W Parcel No. 9 passes through the following aliquot parts and government lots of the Public Domain: Township 23 South, Ranae 24 East, SLBM SECTION 8: Lot 2(2.74 ac)Section 5% Lot 10(3.72 ac); Lot 9(5.47 ac); Lot 6(4.21 ac); Lot 3(3.86 ac)Total acreage of R/W Parcel No. 9: 20.00 ac, more or less. ALSO: SR-128 R/W Parcel No. 10 R/W Parcel No. 10 passes through the following aliquot parts and government lots of the Public Domain: Township 22 South, Ranae 24 East, SLBM SECTION 29: SEkSW,08.35 ac); SW'4SW4(0.13 ac); NWASW4(6.30 ac); SW4N404(6.09 ac); NWINW'4(6.54 ac)Section .30: NE;INE4(1.90 ac) Section 19: SOISE34 (4 . 54 ac) ; SW aSE;1(5. 10 ac) ; NW%SEN (5.06 ac) ; NE;ISW%4 (2.00 ac) ; SE'4NW;4(7.19 ac) ; Lot 2(0.03 ac) ; NE'4NWk(0.72 ac) ; Lot 1(5.76 ac) Section 18: Lot 4(6.05 ac) ; SE4SW4(0.09 ac) ; Lot 3(2.34 ac) ; NE 4S104 (3.77 ac) ; SE�NW=4(4. 64 ac); Lot 2(1.49 ac); NE'INW14(0.38 ac); Lot 1(6.20 ac)Section Lot 4(7.35 ac); Lot 3(0.13 ac) Township 22 South, Range 23 East, SLBM SECTION 12: SEA1SE;4(0.19 ac); NE,SE4(6.79 ac) ; NWkSE;4(4.25 ac) ; SWINE;4 (6.66 ac) ; NWINE;t(5.66 ac) ; NE'4NW4(0.55 ac)�eetion 1. SW4SE4(0.11 ac); SW;1SW4(8.06 ac); SW',4SW4(0.64 ac); NE4SW(0.03 ac); NW;4SW4(8.51 ac); SW4NW'4(1.20 ac) Total acreage of R/W Parcel No. 10: 134.80 ac, more or less. As shown on maps on file in the Utah Department of Transportation Offices located at 4501 South 2700 West, Salt Lake City, Utah 84119; and more particularly described in Exhibit A attached hereto and made a part hereof, subject, however, to the following terms and conditions. 1. An Environmental Statement, or equivalent documentation, will be prepared for all construction Projects. 2. The use right herein authorized is subject to valid existing rights. 3. The use herein authorized is limited to the described right of way for highway purposes. 4. Retention of rights by BLM to use, or authorize use on, any portion of the right of way for non -highway purposes, provided such use would not interfere with the free flow of traffic, impair the full use and safety of the highway, or be inconsistent with the provisions of Title 23 of the United States code and the FHWA regulations pursuant thereto, and the FHWA and the State agency concerned shall be consulted prior to exercising such rights. Ent 471547 Bc 0666 Pg 0321 Agenda Page 73 of 131 5. The right of way is within several Power Site Reserves and is therefore subject to the following Power site stipulations: The United States, its permittees, lessees, and licensees shall not be responsible or held liable or incur any liability for the damage, destruction, or loss of any land, crops, facility installed or erected, income, or other property investment resulting from the use of such lands, or portions thereof for hydroelectric development, at any time where such hydroelectric development is made by or under the authority of the United States. Furthermore, in the event the reserved lands are required for hydroelectric development, any structure or improvements placed thereon found to interfere with such development shall be removed or relocated as necessary to eliminate such interference at no cost to the United States, its permittees, or licensees. 6. Application of chemicals shall be pursuant to the National Environmental Policy Act and shall be approved by FHWA prior to application by the State. 7. The Provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 242) shall be complied with. 8. If cultural resource materials are exposed or identified at any time within the site, the BLM Moab Field Office shall be contacted immediately. Salvage or excavation of identified cultural resource sites will be done by the BLM approved archaeologist only if damage would occur. Ent 471547 Bk 0666 PI 0322 Agenda Page 74 of 131 IN WITNESS WHEREOF, I, Walter Waidelich, Federal Highway Division Administrator, pursuant to delegations of authority from the Secretary of Transportation, by virtue of authority in me vested by law, have hereunto subscribed my name as of the day and year first above written. UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION In Presence of: Carlos Machado, Program Manager Federal Highway Administration Utah Division By: Walter Waideilch Division Administrator State of Utah ) County of Salt Lake) I, Debra Tueller Sauers, Notary Public in and for the State of Utah, do hereby certify at on the 13th day of March, 2006, before me personally appeared Walter Waidelich, personally known to me to be the person whose name is subscribed to this instrument, and acknowledged that he executed the same in his official capacity and by authority in him vested by law, for the purposes and intents in said instrument described and set forth, and acknowledged the sum to be his free act and deed as Division Administrator, Federal Highway Administration, Utah Division. Witness my hand and seal this 13th day of March, 2006. NOTARY PUBLIC Debra Teener Seuers 893 Golden Pheasant Drive Draper, Utah 84020 Commleslon Expires January 29, 2007 STATE OF UTAH Notary Public My Commission Expires 01/29/07 Ent 471547 Bk 0666 Pg 0323 Agenda Page 75 of 131 AGENDA SUMMARY MOAB CITY COUNCIL MEETING FEBRUARY 23, 26:6"." Agenda Item #: ]-2 PL-16-16 Litle: Discussion of Draft Ordinance # 2016-02 Amending Conditional Uses and Specifically Bed and reakfasts as found in MMC Chapters 17.09.530 and 17.09.531 as Referred to Council by the Planning ommission taff Presenter(s): Jeff Reinhart, City Planner epartment: Planning and Zoning Background/Summary: The attached draft ordinance is based on discussions with Council, comments submitted by two council members, remarks from the public, and discussions at planning commission meetings. Additional updates to the text and the review process were determined by planning staff and the city attorney during the legal review. The intent of the ordinance is to 1) bring the text into line with Utah statutes, and 2) tighten the requirements for bed and breakfasts so that conflicts with residential uses are lessened by allowing B&Bs in more appropriate locations in the city. It will bring the code into compliance with the language of state code that requires an applicant to meet "reasonable" conditions for conditional uses. The changes to the criteria include: 1. Prohibit siting bed and breakfasts in inappropriate areas where there are physical restrictions such as narrow lots, cul-de-sacs, and dead end streets. 2. Limiting the number of rooms to five. 3. Locating the use in an existing structure that is a minimum of 2,000 square feet in size. 4. Prohibiting the construction of a new structure specifically for the use and requiring a two- year time period before the owner can apply for a bed and breakfast. 5. Limiting the construction of an addition specifically for the use to 20% of an existing structure. 6. Providing a minimum separation of 300 feet between bed and breakfasts. 7. Reducing the number of public hearings to one before the Council. The reference to the "bed and breakfast home occupation form" has been removed as it is redundant to the business license and Conditional Use Permit applications. Changes to the process are proposed and include a "public review meeting" rather than a public hearing before the planning commission with a written recommendation to council presented in the form of a resolution. The public hearing before council, as the land use authority and the elected body, remains the same. Also, the time for an appeal of a decision by City Council to the Appeal Authority has been extended from ten (10) days to thirty (30) days to be in line with other appeals in the code. Additional required submittal information has been added to the general requirements for conditional uses as well. Agenda Page 76 of 131 lof2 Moab City Council Ordinance #2015-05 Bed and Breakfast Discussion Duplicated and antiquated language has been removed and new sections on enforcement and penalties and a requirement to record the conditional use permit have been added. The recordation of the permit with Grand County is in line with Utah statute. A conditional use runs with the property not the owner and references to a new permit being required with changes in ownership are not legal and have been removed. Recording of the permit will provide the conditions of approval to potential buyers of real estate with an approved CUP. pAplanning department\2015\correspondence\p1-15-51 cc b56 discuss.docx Agenda Page 77 of 131 DRAFT 1 1 1 ORDINANCE #20156-052 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 20105, 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 #2010- 45 08 in a regularly scheduled public meeting held on , 20105, 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 C P P - Agenda Page 78 of 131 i DRAFT 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 commission,review meeting 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 17.72 of this code. Agenda Page 79 of 131 i DRAFT 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. Review at public meeting.Public Hearing Required. The planning commission shall review all applicationshold a public hearing on an application for a conditional use permit during a regularly scheduled meeting prior to making its recommendation to the city council. The criteria listed in subsection H, below, shall be used to evaluate the proposal. 2. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. 2. Notification Requirements. a. Planning staff shall cause noticc of the public hearing of the planning commi^cion to be given by publication in a newspaper of general circulation in the city of Moab. Such notice shall state the time and place of such hearing and the nature of the subject to be considered and the h ring date shall be at I st fifteen days from the date of publication. b. Planning staff shall cause written notice of public hearing to be mailed to all owners of real property lying within three hundred feet of the property on which the change is requested. The notice shall be mailed not less than fifteen days before the date yet for st ich s +ho p, .-ship. p, +ho Ias+ a ,orl s iRty +a...-el- 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 Csity GCouncil 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. Agenda Page 80 of 131 i DRAFT 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 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. Agenda Page 81 of 131 i DRAFT 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 preconditions: 1. Bed and breakfast facilities, rooming and/or boarding houses 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. /1. A change in ownership as defined herein will require a new conditional use permit. 54. 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. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. 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 two (2) 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 - Agenda Page 82 of 131 i DRAFT 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. 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 sevenfive 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 thaen four (4) square feet.twe hundred twenty six square inches. If lighted, the light shall be defuseddiffused or shielded. 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 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. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of reside^+,a' z „ be r+t,o pla-R-,;n commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the City Council planning commission can be appealed to District Courtthe appeal authority within thirtven days of City Council planning commission 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\#2015-08 bfib.docz Agenda Page 83 of 131 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 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 Page 84 of 131 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 23, 2016 Agenda Item #: 7-3 Title: Approval of Proposed Resolution #04-2016 — A Resolution of the Governing Body Declaring Certain City Property as Surplus and Donating Said Property to the Town of Castle Valley Fiscal Impact: Revenue neutral Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Recorder Applicant: n/a Background/Summary: The City received surplus playground equipment from the School District from the old Red Rock Elementary School. Our Parks Superintendent, Mike Huts has assessed the equipment and determined that it is not suitable for use in our existing parks. The Town of Castle Valley can utilize the equipment and has asked that we donate the equipment to them. Options: Council can approve, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approving the proposed resolution. Recommended Motion: I move to approve Proposed Resolution #04-2016 — A Resolution of the Governing Body of the City of Moab Declaring Certain City Property as Surplus and Donating Said Property to the Town of Castle Valley. Attachment(s): proposed resolution #04-2016 Staff memos Agenda Page 85 of 131 RESOLUTION 04-2016 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS AND DONATING SAID PROPERTY TO THE TOWN OF CASTLE VALLEY WHEREAS, Moab City has the right and title to certain property listed below and; WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property; and WHEREAS, the Town of Castle Valley has expressed the need for use of said property; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: 1. The playground equipment property detailed in the attached photo is hereby declared as surplus city property. 2. The playground equipment property detailed in the attached photo is hereby donated to the Town of Castle Valley 3. This resolution shall take affect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 231-d day of February, 2016. SIGNED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Resolution #04-2016 Agenda 7 Page 86 of 131 Page 1 of 1 x'ci -kL •:• •r Page 87 of 131 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd INTEROFFICE MEMORANDUM TO: Rachel Stenta FROM: Mike Huts SUBJECT: Surplus Playground Equipment This is the playground equipment that David Olsen acquired from the old Red Rock Elementary several years ago. I am unsure whether he purchased it or whether it was given to the city. It is of the old steel type construction and looks somewhat rusty and untidy. As with the keeping of the quality equipment we already have in our parks , and the many years it has sit here in the yard deteriorating further, I don't see us using this in any of our parks. The City of Castle Valley approached me several months ago and inquired as to what it would take to perhaps have it donated to them. I recommend it be classified as surplus and therefore it could be donated to the City of Castle Valley for their use. Thanks. Agenda First EPA Green Power Community in the Nation Page 88 of 131 CMI OA t. OAB AGENDA SUMMARY MOAB CITY COUNCIL �Eebruary 23, 21316 I PL-Ifi-29 Agenda Item #7-4 Title: Adoption of Council Resolution #o3-2o16 Approving a Petition to Vacate a Boundary Line between Properties Located at 3oiS 400 E in the C-5 (Neighborhood Commercial) Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Dave Bierschied Background/Summary: The City has received an application from Dave Bierschied, owner of Canyonlands Realty, to vacate a boundary line and join two lots at the property described above. The change will allow the development of the properties with a new office building without the construction crossing property lines. An existing water line extends across the private property without an easement and approval of this action will cure the alignment issue. The owner has delineated an acceptable easement, thirty (30) feet in width, for the water line as requested by city staff. After additional review, staff has deemed this application ready for Council approval. The site plan will go before the Planning Commission under a separate application for review and approval in the near future. Process: Utah State Code 10-9a-608(2) (a) allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: Join two or more of the petitioner fee owner's contiguous lots and the vacation, alteration or amendment is approved by the Moab City Council. The amended plat showing the vacation must be recorded in the Office of the Grand County Recorder within thirty (30) days of approval by the Moab City Council. Options: The City Council can: 1. Approve the requested vacation of the property line as submitted; 2. Approve the request with conditions; 3. Table the application until a later date and request additional information Staff Recommendation: Staff recommends that the lot line vacation be approved. Agenda Page 89 of 131 Recommended Motion: I move to adopt Council Resolution #03-2016 approving the lot line vacation for properties located at 301 S 400 E. Attachment(s): Draft Council Resolution #o3-2016 Plat Agenda Page 90 of 131 RESOLUTION #03-2016 A RESOLUTION APPROVING A VACATION OF A BOUNDARY LINE FOR PROPERTIES LOCATED IN THE C-5, NEIGHBORHOOD COMMERCIAL ZONE, AT 301 S 400 E, OWNED BY CANYONLANDS REALTY WHEREAS, Mr. Dave Bierschied, as Owner of Canyonlands Realty with offices at 300 South Main Street Moab, Utah 84532, has applied for a vacation of a boundary line Adjustment of properties located at 301 S 400 E in the C-5, Neighborhood Commercial Zone; and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of the proposed boundary line vacation; and WHEREAS, the Owner desires to create one commercial lot consisting of 20,857 square feet (.48 acres) at 301 South 400 East; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on February 23, 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10-9a-608(2) that allows an amendment of a subdivision plat without a public hearing if: (a)the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, the application does not include a request to vacate or amend a public street, right-of-way, or easement; and WHEREAS, the proposed amended lot size is appropriate for the C-5 Zone; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL: THAT, the application for the vacation of the boundary line between the lots located at 301 S 400 E is hereby approved without conditions. PASSED AND ADOPTED by action of the Moab City Council in open session this 23rd day of February , 2016. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Resolution #03-2016 Agenda Page 1 of 1 Page 91 of 131 vic NErt MAP No— TO SCALE 400 EAST STREET WEST puARTcn CORttER SECTION 6, r-. T266, R226. v^ SL3&M �^ 04 8 a m N 0 POBVP OF BEGINNING LOT 26-A LOT 23 5 87°46'00" E 160.92' N 88"45'53" W 156.78' LOT 26 REP LATOF LOTS 25 & 25A Bowen Plat, Nichols-Bnweri Subdivision LOCATED IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE BASE AND MERIDIAN MOAB, GRAND COUNTY, UTAH LOT 22 BOWEN CIRCLE I Page 92 of 131 epue6d February 16, 2016 I am requesting a re -plat of lots 25 and 25A, Nichols/Bowen Subdivision eliminating lot line between two parcels. I will be submitting a site plan for this combined lot. My plan is to build an office building on this parcel and can't have building straddling lot line. This also grants Moab City a 30 ft. utility easement for the water main crossing property. Respectfully, Dave Bierschied Broker/Owner Moab Realty 300 S Main St Moab, UT 84532 435-260-1968 cell 435-259-7870 office c.1).,__ Agenda Page 93 of 131 I Naas LOCUS ve]Ntrr MAP Na-rosuu 400 EAST STREET WEST auX?ER CORNER saa on a, MR. P22E. i3 S 3a M � m3 S POI EOF BEGMNNO r R sesr LOT 26-A T 50Umv.15- CORNER SECTION B, T265. R22P, s LEA, LEGEND yyy NRgN; Lama F 9erbr Comer AloymrR LOT 23 S 87°46100^ E 180.92' LOT 25 TOTAL n names N 86°45'53°W 156.i8' LOT 26 REPLATOF LOTS 25 & 25A Bowen Plat, Nichols -Bowen Subdivision LOCATED IN THE SOUTHWEST QUARTER OF SECTION $, TOWNSHIP 26 SOUTH, RANGE 22 EAST SALT LAKE RASE AND MERIDIAN MOAN, GRAND COUNTY, UTAH GRAPHIC SCALE m a ae eo 1' (WEN • PP PECS N LOT 22 LOT 24 Page 94 of 131 BAWEN CIRCLE nEsE 1■Y Land Sussrying M»a�.s�Yna:k'„ Surveyors Certificate 1, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the State of Utah and that I hold license no. 7540504.I further certify that under the authority of the owners, I have made a survey of those lands as shown here on and described below, Boundary Descnption All of Lots 25 and 25A, Bowen Plat, Nichols -Bowen Subdivision, according to the official plat thereof, being more particularly described as follows: Beginning at a point South 00•24"05" West 1241.2 feet along the section line from the West quarter corner of Section 6, Township 26 south, Range 22 East, Salt Lake Base and Meridian, and running thence South 8746'00' East 16092 feet to the northeast comer of said Lot 25; thence South 1Y4'0D" West 132.94 feet to the southeast corner of said Lot 25; thence North R6.45'5.3" West I56.11 feet to the southweMOOnler&said Lot 25A, said pant being on the east right of way line of 400 East Street thence North 0.0867" East 130.30 feet feet along said east right of line to the point of beginning. Water Kne Easement Description A 30-foot wide water line easement being 10 feet Northeast and 20 feet Southwest of an existing water line being more particularly described as: Beginning at a point South 00°24'05" West 1241.2 feet along the section line and South 00'08'07" West 28.00 feet from the West quarter Water of Section 6, Township 26 South, Range 22 East, Salt Lake Base and Meridian, and running thence South 18°20'32" East 109.84 feet, thence North 86°45'53" West 32.26 feet, thence North 18°20'31" West 8.20 feet, thence North 00°08'07" East 94.66 feet to the point of heeining. Lucas Slake License No. 754D504 OWNER'S DEDICATION luheall manner mere pevserrsmalvw°Nd laftne Adrn. &seeped trac cE IAtV ha•LHEa sad cameo Mrepprtad IMOMt 0,4111v1 do'ent, deckXe for pe-peruah.se of me punk al aercels d pre shown onnw pkt at IMeded far wtbk use. h wRress wLereaf_M1are Fereu to m1 t4E &ya' A.P., 2016 ON THE ACKNOWLEDGMENT COT OF 2015 E5PSONNLV APFtAREO BEFORE MC, THE UNDERSInnin NOTARY PUBLIC.MP FOR SAID COONIYOF PP SAID STATE OF UTAH, THE HeNERI IOE THE MOVE OWNERS B ESCATION. Al NUMBER, WHO DULY ACENO'NLEDGEO TOME TNAr THEY SIGN SO Ir FREELYANO YOLUNCARLY ALP FOR 111E JSESAND PUP POPES THEREIN APENnaNED. MV CdMA•KSION EXPIRES MO—NIVPuazlc REvnMal% MI5..1400 Ees. lawn, <R 84535 Proie[t 107.15 Date 1f25/16 Sheet 1 of L LOCATED IN THE SOUTHWEST QUARTER OF SECTION 6, TDNUNSHIP 26 SOUK RANGE 22 EAST SALT LAKE BASE ANO MERIDIAN MOAB COY COUNCIL APPROVAL APPROVED Tilt DAT OF PAH e: THE GRAND COUNTY COUICIL CHAPMAN COUNTY RECORDER f / AGENDA SUMMARY MOAB CITY COUNCIL �Eebruary 23, 21316 I / PLIG-2ii Agenda ltem #7-5 Title: First Reading and Possible Call for Public Hearing to Consider Ordinance #2o16-os and an Application for a Code Amendment to Moab Municipal Code Sections 17.45.o6o, R-2, One -family and Two-family Residential Zone, and 17.15.050, Residential Area Regulations Reducing the Minimum Size of Dwellings in the R-2 Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: William Mattson Background/Summary: The City has received an application to amend the size of dwellings in the R-2 One -family and Two-family Zone in the Moab Municipal Code (MMC). Two code sections are affected, MMC 17.45.060, Special Conditions, and 17.15.050, Establishment of Zones. The application was submitted by Mr. William Mattson and proposes that the minimum size dwelling in the R-2 be reduced from five hundred (500) square feet to two -hundred and fifty (250) square feet. Process: A public hearing before Planning Commission is required by the Code and that occurred on January 28, 2016. The Commission voted 4-0 to favorably recommend the ordinance to Council. The Commission felt that the smaller home size would provide a greater range of housing stock. City Council may or may not elect to hold a separate public hearing as stated in 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. A detailed account of the process is attached below. Options: The City Council can: 1. Adopt Ordinance #2016-01 as drafted; 2. Adopt Ordinance #2016-01 with changes; 3. Vote to not approve Ordinance #2016-01 and state their reasons; 4. Table the application until a later date and request additional information Agenda Page 95 of 131 Staff Recommendation: Staff recommends that the ordinance be approved. Perhaps this will allow an additional level of housing stock to be created. Recommended Motion: I move to approve Ordinance #2016-01. Attachment(s): Draft Ordinance #2o3.6-o2. Applicant's Justification Narrative MMC Addendum 17.04.020 Zoning text amendments. A. Purpose. The zoning text amendment process allows for amendment to the use requirements within zoning districts to allow particular uses which are not otherwise permitted within a specified zone, provided that proposed uses are substantially similar to, and compatible with, the objectives and characteristics of the zone. B. Uses Not Specified. Uses not specified as authorized within any particular zoning district are prohibited, unless authorized pursuant to the other provisions of this Land Use Code. C. Similar Use Determination Repealed. Text amendments pursuant to this chapter encompass and shall supersede similar use determinations as previously allowed by various sections of this Land Use Code, all of which are hereby repealed. (Ord. 08-03 (part), 2008) 17.04.070 Text amendment approval criteria. It is the burden of the applicant to provide "good cause" to support a proposed text amendment. For the purpose of establishing and maintaining sound, stable and desirable development within the city of Moab, amendments to the Land Use Code are committed to the sound discretion of the city council based upon the following nonexclusive list of criteria: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the city's general plan? C. Is the amendment consistent with the policies and goals of the general plan? D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? E. Is it in the public interest to approve the proposed amendment? F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development? (Ord. 08-03 (part), 2008) 17.04.080 Public hearing required. A. Upon receipt of a complete application under this chapter city staff shall promptly schedule a public hearing before the planning commission. B. Within thirty days following the closing of the public hearing, the planning commission shall either recommend approval, approval with modifications, or disapproval of the application to the city Agenda Page 96 of 131 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. 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) Agenda Page 97 of 131 ORDINANCE #2016-01 AN ORDINANCE TO AMEND CHAPTER 17.45.060, SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL ZONE AND 17.15.050, RESIDENTIAL AREA REGULATIONS, OF THE MOAB MUNICIPAL CODE REFERENCING THE SIZE OF RESIDENTIAL SINGLE-FAMILY USES WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the City received an application for a Code text amendment from Mr. William Mattson of William Mattson and Associates, with offices at 100 East Gregory Avenue, Telluride, Colorado 81435, as owner of record of a parcel located in the R-2, Single-family and Two-family Residential Zone that requests a reduction to the minimum square footage of residential uses in the R-2 Zone; and WHEREAS, the area of a single-family dwelling in the R-2 is currently five hundred (500) square feet, Mr. Mattson is asking that Council reduce the area to two -hundred and fifty (250) square feet as shown below; and WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on January 28, 2016, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from the Planning Commission on , 2016; and, WHEREAS, Council desires to encourage affordable housing in our community for all residents regardless of physical or mental health, race, or socio-economic level; and WHEREAS, Council desires to encourage a compact, more sustainable type of development to reduce sprawl, inefficient use of utilities, and reduced maintenance costs for housing. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapter and sections are amended as noted below: 17.15.050 Residential Area Regulations summary, paragraph (a), table of Residential Area Regulations; the minimum Single Family Dwelling Minimum Ground Floor Area that is 500 square feet will be amended to read 250 square feet. Agenda Page 98 of 131 (a) Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control. Residential Area Regulations Development Standard R-1 R-2 R-3 R-4 RA-1 Single-family Dwelling Minimum Lot Area/unit (sq ft) 10,000 5,000 5,000 5,000 43,560 Minimum Front Yard (ft) 25 p) 15 15 15 25 (i) Minimum Side Yard, first side (ft) 10 00 7 7 7 10 Minimum Side yard, second side (ft) 14 7 7 7 14 Minimum Side Yard, Corner 20 15 12 12 25 Minimum Rear Yard Inter. (ft) 15 12 12 10 25 Minimum Rear Yard Corner (ft) 25 (0 15 15 12 20 Max Net Lot Coverage (%)* - 60* 60* 60* - " See footnotes (vi) and (vii) Max. Height (ft) 40 30 30 30 40 Min. Lot Width (ft) 90 50 50 50 125 Minimum Ground Floor Area/Structure (sq ft) 1,200 250 500 500 1,000 AND, Section 17.45.060, Special provisions, paragraph B shall be amended to read: B. The ground floor area of all dwellings shall be at least two -hundred and fifty square feet. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the _th day of , 2016. SIGNED: Agenda Page 99 of 131 David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Agenda Page 100 of 131 ORDINANCE #2013-01 AN ORDINANCE TO AMEND TITLE 17.00 OF THE MOAB LAND USE CODE, SPECIFICALLY CHAPTERS 17.15, 17.42, 17.45, 17.48, and 17.51 AND THOSE SECTIONS DEALING SPECIFICALLY WITH THE AREA, WIDTH, AND LOCATION REQUIREMENTS FOR RESIDENTIAL USES WHEREAS, the City of Moab ("City")adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") in an effort to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, it was identified by City Staff (Staff) and the Planning Commission ("Commission") that specific area, width and location requirements for residential uses in the R-2, R-3, and R-4 zones acted as barriers to affordable housing and contributed to costly sprawl; and WHEREAS, Staff and the Planning Commission recognize that the residential districts have been established in order to secure for the persons who reside in them a comfortable, healthy, safe, and pleasant environment, sheltered from incompatible and disruptive activities and Jo encourage a diversity of housing options; and WHEREAS, Staff and the Planning Commission have requested from Moab City Council ("Council') amendments to code chapters 17.15, 17.42, 17.45, 17.48, and 17.51 that deal with area, width and location requirements, for the residential zones; and, WHEREAS, the Moab City Planning Commission held a duly advertised public hearing on October 11, 2012, to hear and decide the merits of said amendment; and WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff favorably recommends to Council that the suggested amendment be adopted; and, WHEREAS, Council held a duly advertised public hearing during a regularly scheduled meeting to hear public evidence and review the recommendations from Staff and the Planning Commission on December 11, 2012; and, WHEREAS, Council desires to encourage affordable housing in our community for all residents regardless of physical or mental health, race, or socio-economic level; and WHEREAS, Council desires to encourage a compact, more sustainable type of de,xelopaitrAto reduce sprawl, inefficient use of utilities, and reduced maintenance costs to the city for infrastructure. NOW, THEREFORE, Council hereby declares and ordains that the following changes are adopted and the specified code chapters and sections are amended as noted below: Ordinance #2013-01 CHAPTER 17.15 ESTABLISHMENT OF ZONES Page 1 of 8 Page 101 of 131 Sections: 17.15.010 Scope and applicability. 17.15.020 Districts established. 17.15.030 Official zoning map. 17.15.040 Zone boundaries 17.15.050 Temporary zoning of annexed territory. 17.15.060 Residential area regulations summary. 17.15.010 Scope and applicability. The regulations of this chapter shall apply to all lands located within the corporate limits of the city. All lands, buildings, structures or appurtenances thereon located within the city that are hereafter occupied, used, erected, altered, removed, placed, demolished or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as provided in this chapter. 17.15.020 Districts established. In order to implement the general plan and the other purposes and provisions of this title, the city, is divided into residential, commercial, agricultural, industrial, and flood hazard zoning districts. The regulations as set out herein are uniform throughout each district. (a) Purpose for Zone Districts. (1) Residential Districts. In order to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities and to encourage a diversity of housing options, the following residential districts are established. _ _ Residential Zones Abbreviated Designation R-1 Zoning District Code Chapter Single- family Residential Zone 17.42 R-2 Single-family and Two-family Residential Zone 17.45 R-3 Multi -family Residential Zone _ 17.48 R-4 Manufactured Housing Residential Zone 17.51 RA-1 Residential -Agricultural Zone 17.54 — MH/RV-1 Mobile Home/Recreational Vehicle Parks Zone 1735 Commercial Zones C-1 Commercial -Residential Zone 17.20 C-2 Commercial -Residential Zone 17.21 C-3 Central Commercial Zone 17.24 C-4 General Commercial Zone 17.27 C-5 Neighborhood Commercial Zone 17.30 RC Resort Commercial Zone 17.31 SAR Sensitive Area Resort Zone 17.32 Agricultural Zones A-2 Agricultural Zone 17.18 Industrial I-1 Industrial Zone 17.36 Flood Hazard FC-1 flood Channel Zone 17.33 Ordinance #20I3-01 Page 2 of 8 Page 102 of 131 17.15.020 Official zoning map. A. The location and boundaries of each of the zones are shown on the official zone map of the city, and said map is declared to be an official record and a part of this title. B. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be promptly made on the official subsequent to approval by city council. No amendment or change shall become effective until after it has been properly posted and attested to on the official zone map. C. No changes of any nature shall be made in the official zone map, except in conformity with the procedure set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title and punishable as provided in this title. D. Regardless of the existence of purported copies of the official zone map which may from time to time be made or published, the official zone map, which shall be located in the office of the city recorder, shall be the final authority in determining current zoning status. 1715.030 Zone boundaries. apply Where uncertainty exists with respect to the boundaries of various zones, the following rules shall A. Where the intended boundaries on the zone map are approximately street or alley lines, said street or alleys shall be construed to be the zone boundaries. B. Where the indicated boundaries are approximately lot lines, said Iot lines shall be construed to be the zone boundaries, unless otherwise indicated. C. Where land has not been subdivided into lots, the zone boundary shall be determined by the use of the scale of measurement shown on the map. D. Where other uncertainty exists, the appeal authority shall interpret the map. (Prior code § 27-5-3) (Ord. No. 10-06, 11-9-10) 17.15.040 Residential Area regulations summary. (a) Schedule of Residential Area Regulations. The following residential area regulations schedule summarizes the regulations of this code with regard to minimum lot size, minimum yards, maximum lot coverage, minimum floor area per dwelling unit, and maximum building height of residential uses in the various zoning districts. The standards shown in the following schedule may be modified by additional provisions contained in this section or in the individual district regulations. In the event of any conflict between the text of this section and the schedule of residential area regulations, the text shall control. Ordinance #2013-01 Page 3 of S Page 103 of 131 Residential Area Regulations Development Standard R-1 R-2 R-3 R-4 RA-1 Single-family Dwelling Minimum Lot Area/unit (sq ft) 10,000 5,000 5,000 5,000 43,560 Minimum Front Yard (ft) 25* 15 15 15 25* Minimum Side Yard, first side (ft) 100) 7 7 7 10 Minimum Side yard, second side (ft) 14 7 7 7 14 Minimum Side Yard, Corner 20 15 12 12 25 Minimum Rear Yard Inter. (ft) 15 12 12 10 25 Minimum Rear Yard Corner (ft) 25+ 15 15 12 20 Max Net Lot Coverage (%)*(4)(5) - 60* 60* 60* - Max. Height (ft) 40 30 30 30 40 Min. Lot Width (ft) 90 50 50 50 125 Minimum Ground Floor Area/Structure (sq ft) 1,200 4fr r ;"» ' `- ` 500 500 1,000 Duplex or Two-family Dwelling Minimum Lot Arealunit (sq ft) - 3,000 sq ft/dwelling 2,600 sq ft/dwelling 2,500 sq ft/dwelling - Minimum Front Yard (ft) - 20 15 15 - Minimum Side Yard, first side (ft) - 7 7 7 - Minimum Side yard, second side (ft) - 7 7 7 - Minimum Side Yard, Corner - 15 12 12 - Minimum Rear i Yard inter (ft) - 12 12 10 - Minimum Rear Yard Corner (ft) - 15 15 8 - Max Net Lot Coverage (° r(4)(5) - 60* 60* 60* - Development R-1 R-2 R-3 R-4 RA-1 Ordinance #2013-01 Page 4 of 8 Page 104 of 131 Standard I 1 Duplex or Two-family Dwelling (continued) Max. Height MI - 30 30 30 - _ Residential Area Regulationsjcontinued) Min. Lot Width (ft) - 50 50 50 - Minimum Ground Floor Area/unit (sq ft) - 25 500 500 - Three, Four, Five or Six -family Dwelling Minimum Lot Arealunit (sq ft) - 2,000 sq ftldwelling 1800 sq ft/dwelling - Minimum Front Yard (ft) - 15 15 - Minimum Side Yard, first side (ft) - 7 8 - Minimum Side yard, second side (ft) - 7 8 - Minimum Side Yard, Corner 12 12 - Minimum Rear Yard Inter (ft) 12 10 - Minimum Rear Yard Corner (ft) 15 10 - Max Net Lot Coverage (%)*(4)(5) 60* 60* - Max. Height (ft) 30 40 - Min. Lot Width (ft) 50 50 - Minimum Ground Floor Area/unit (sq ft) 300 250 - r fifty-five feet from the centerline of any public street, whichever is greater. + For dwellings having an attached garage or carport the setback shall not be less than twenty feet. (1) Total of the two side setbacks shall be at least twenty-four feet. (2) For the purpose of determining front, side and rear setback requirements any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. (3) The minimum distance between dwellings located on the same or adjoining lots shall be sixteen feet and that the total width of the two side yards shall be not less than one-third of the frontage of the dwelling or other main building. (4) Net Lot Area is defined as the usable portion of the lot after setbacks are deducted from the lot area. (5) Maximum Net Lot Coverage may be increased to 75% if the home is a single story structure. Furthermore, the title for Chapter 17.42, shall be amended to read R-1 Single-family Residential Zone. AND, the title for Chapter 17.45, shall be amended to read R-2 Single-family and Two-family Residential Zone, .AND, Section 17.45.030 Area requirement shall be amended to read: Ordinance #20 13-01 Page 5 of 8 Page 105 of 131 "An area of not less than five thousand square feet shall be provided and maintained for each one - family dwelling and uses thereto. For two-family dwellings the lot size shall consist of a minimum of three thousand square feet per dwelling. For child day care centers and foster family care homes the building site shall contain at least ten thousand square feet. An area of not less than five acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All church buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area." AND, Section 17.45,040 Width requirements shall be amended to read: "The minimum width of any building site for a one -family dwelling or other building shall be fifty linear feet, measured at a distance of fifteen feet back from the front Iot line. " AND, Section 17.45.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum front setback for fences, walls and hedges which do not exceed six feet in height along those properties that front on 3rd South, 4th East, 4th North and 5th West shall be twenty feet. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet On comer lots, the side yard which faces on a street shall be not less than fifteen feet or 75% of the front yard setback. C. Rear setback The minimum rear setback for any main building shall be twelve feet. AND, Section 17.45.060 Special provisions, B. shall be amended to read: B. The ground floor area of all dwellings shall be at least'13ve-littrizl1"ed square feet. AND, the title for Chapter 17.48, R-3 RESIDENTIAL ZONE shall be amended to read R-3 Multi family Residential Zone. AND, Section 17.48.030 Area requirements, shall be amended to read: An area of not less than five thousand square feet shall be provided and maintained for each one - family dwelling and duplexes or two-family dwellings All other multi -family development shall provide a minimum of two thousand square feet per unit for three-family dwellings and above. Schools, churches, boarding houses and other main buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. AND Section 17.48.040 Width requirements, shall be amended to read: The minimum width of any building site for a one -family dwelling or other buildings shall be fifty linear feet measured at a distance twenty-five feet back from the front lot line. AND, Section 17.48.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory building shall be constructed on a lot prior to the main building. Ordinance #2013-01 Page 6 of 8 Page 106 of 131 B. Side ,Setback The minimum side setback for any dwelling or any other main building shall be seven feet; provided that the minimum distance between dwellings located on the same or { adjoining lots shall be more than ten feet. On corner lots, the side yard that faces on a street shall be not less .. than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be twelve feet. D. The minimum side setback for accessory buildings on interior and comer lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, the title for Chapter 17.51, R 4 RESIDENTIAL ZONE shall be amended to read R-4 Manufactured Housing Residential Zone. AND, Section 17.51.030 Area requirements, shall be amended to read: "An area of not less than five thousand square feet shall be provided and maintained for each one - family dwelling. Two thousand five hundred square feet shall be provided for each unit of a duplex or two- family dwelling and one thousand eight hundred square feet shall be provided for each unit in a tri-plea or three-family or more dwelling. For child day care centers the building site shall contain at least ten thousand square feet. An area of not less than three acres shall be provided and maintained for each planned unit development, except that there shall be no area requirements for additions to an approved planned unit development. All non-residential uses such as church buildings shall have a building site area in which the area of the building is equal to or less than twenty percent of the total parcel size area. The area required to meet minimum off-street parking requirements shall not be included in the calculation of the total parcel size. AND, Section 17.51.040 Width requirements, shall be amended to read: The minimum width of any building site for a dwelling shall be fifty linear feet. AND, Section 17.51.050 Location requirements, shall be amended to read: A. Front Setback. The minimum front setback for main buildings shall be fifteen feet. The minimum setback for accessory buildings shall be at least twelve feet in the rear of the main building. No accessory buildings shall be constructed on a lot prior to the main structure. B. Side Setback. The minimum side setback for any dwelling or any other main building shall be seven feet; provided, that the minimum distance between dwellings located on the same or adjoining lots shall be ten feet. On corner lots, the side yard that faces on a street shall be not less than twelve feet. C. Rear Setback. The minimum rear setback for any main building shall be ten feet. On corner lots, the rear setback shall be not less than eight feet. D. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure and shall be located a distance of at least twelve feet to the rear of any dwelling. AND, Section 17.51.060 Special provisions, shall be amended to read: The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purposes of this title: Ordinance #2013-01 Page 7 of 8 Page 107 of 131 A. For the purposes of determining front, side and rear setback requirements, any separate building situated within twelve feet from a dwelling or other main building shall be considered as a part of the main building and not as an accessory building. B. The ground floor area of all dwellings shall be at least�,rp' w�red square feet. C. The maximum permitted density of planned unit developments shall be eight dwelling units per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. D. The minimum building site for a mobile home park and mobile home subdivision shall be not less than ten acres. In effect on the day of passage; PASSED AND APPROVED in open Council by a majority vote of the Goveming Body of Moab City Council on the WI day of January, 2013. a SIGNED: f David L_'Sakri4on, Mayor ST: / Rachel E. Stenta, Recorder Ordinance #2013-01 Page 8 of 8 co C Q Page 108 of 131 r-r 4 CITY OF MOAB GENERAL PLAN Purpose The Moab General Plan is an official statement of goals and policies for the future development of Moab City. Moab is a dynamic community that has experienced tremendous fluctuations in growth, population, and economy. In the last decade, the economy of the City has shifted from relying on resource extraction to one based primarily on tourism. Concomitantly, there is a trend of migration from urban areas to Moab by populations seeking an improved quality of life. With this renewed growth and transformation has come increased land use conflicts, increased traffic and increased demands on City services. The General Plan is a tool to minimize land use problems and to facilitate healthy, orderly growth while maintaining the natural integrity of the area and improving the quality of life in Moab. The term "general plan" is synonymous with the terms "master" or "comprehensive" plan. Utah Code 10- 9-301 - Land Use Development and Management Act directs municipalities to prepare and adopt a comprehensive long-range general plan for use of land. The plan acts as a guide for the orderly growth of Moab. The purposes of the General Plan may be summarized as follows: 1. To improve the physical environment of the community as a setting for human activities, without negatively impacting the natural beauty or natural resources of the area; 2. To protect the public interest, the interest of the community at large, as well as the interests of individuals or groups within the community; 3. To facilitate public involvement and the democratic determination and implementation of public policies which guide the community's physical development; 4. To effect political and technical coordination in community development; 5. To inject long-range considerations into the determination of short-range actions; and 6. To provide a technical and rational basis for political decision -making. Need for Long Range Planning Land development happens one parcel at a time. Changes or impacts from each individual development may be small. But over the years, the combined change resulting from all the individual development decisions can be large. While development proposals are reviewed individually, a master plan provides the context for looking at the cumulative impacts of development. Planning provides a long term, big picture view of future development and the changes that can result, and seeks to guide this development so as to maximize benefits and minimize conflicts and adverse effects. This big -picture framework thereby provides a basis from which to evaluate individual development proposals with consistency and fairness. Special Challenges Communities throughout the West struggle with two opposing views: those who want to keep the number of inhabitants of their town small and discourage growth and development, and those who are continually working to increase the population and promote growth and development. The same passion that fuels these groups also fires environmental issues, the need for roads, the desire to protect wilderness, individual property rights and the ability to develop private lands without restriction. The dramatically opposing views that exist in the West are alive and well in Moab and offer special challenges when it comes to planning. Page 109 of 131 5 The most recent "boom" in Moab's tourist economy has brought about an explosion of commercial development heretofore unknown in Moab. Visitor -oriented businesses and related growth and development may alter scenic and natural qualities that attracted visitors in the first place. A scenic community that protects its environment attracts more visitors and hence brings in more income. For that reason, the City of Moab is committed to preserving the scenic beauty of the area. Commercial and residential growth also impacts the rural and historic character of Moab, especially in the downtown and "Old Moab" areas. This requires special attention to building size, construction materials, lighting, landscaping and traffic flow. In analyzing the growth and economic stability of the area, we are compelled to ask at least two questions: What makes this community special? Why are people relocating here? Addressing the "special" nature of Moab is fairly self-evident. The scenic beauty, including the Colorado and Green rivers, the red rock cliffs, rims and canyons, the night skies, the LaSal Mountains, Mill and Pack creeks and the national parks makes this area one of the most beautiful places in the United States. These same natural resources make this area a recreational destination for rafting, mountain biking, hiking, off -road vehicle travel, rock climbing, cross-country skiing and backpacking. While these recreational opportunities fuel the economy, they also provide special challenges to the City in terms of safeguarding the rural character of Moab. This leads to addressing the second question: Why are people moving to Moab? As the baby -boom generation approaches retirement, many are seeking a higher quality of life than can be found in urban areas. They look for a safer, more rural area where the air is clear, crime rates low, traffic nonexistent and the scenery, beautiful. Another challenge greets the City, however, in that these immigrants to the area do not expect to sacrifice services or standards of service they were used to in larger metropolitan areas. The City is faced with the necessity of upgrading and expanding services without compromising the reasons people moved here in the first place. Although City services and administration stop at the City limits, we know that the reasons people are moving to the area or staying here are not limited to the City of Moab. Therefore, careful cross -agency planning should occur, along with appropriate inter -local agreements. It should be a priority for City and County planning bodies and City and County governing bodies to share compatible goals for the larger Moab area. A Vision for Moab In preparing this General Plan, an overall community vision for Moab evolved. The picture is one of a thriving, healthy community that saves what is best from the past and carefully integrates the best of what is new and innovative. In planning for the future of Moab, a vision encompassing these goals emerged: 1. Promote the presence of a vital downtown as the center of commercial activities and employment. 2. Utilize compact development patterns that make the most efficient use of public facilities and services, protect open space and minimize urban sprawl. 3. Maintain a ruraUsmall town character that saves and complements its historic structures and neighborhoods. 4. Create walk -able neighborhoods, free of high-speed traffic hazard. Page 110 of 131 6 5. Locate schools, parks, trails and other public facilities within walking/biking distance of homes. 6. Reduce the effects of summer heat by providing or requiring shade in parking lots, shopping areas, parks and other public areas and neighborhoods; discourage removal of historic trees; and reduce coverage requirements for asphalt. 7. Separate and buffer conflicting land uses, especially where commercial abuts residential. 8. Encourage a diverse mix of year-round jobs that offer competitive salaries and meaningful work to keep Moab families employed in Moab. 9. Preserve Moab's surrounding landscapes and other natural resources to enhance the quality of life for community residents and in order to continue to attract people to the area who contribute to economic stability. 10. Develop a community and resort destination that is designed for people where walking and biking are the cornerstone of the transportation system. 11. Protect the stillness and visual integrity of Moab's enveloping desert landscape. 12. Protect and preserve open space, agricultural lands, riparian areas, ridgelines, mesas and wetlands. 13 Improve quality of living through support for affordable housing. Historical Background Evidence of habitation in the Moab area is found as early as 300 B.C.; however the best known of these ancient cultures are the Ancestral Puebloan—The Anasazi—who did not inhabit the region until approximately 900 A.D. The Moab region was the northern limit of Ancestral Puebloan habitation. Sometime between 1250 and 1300 A.D., they disappeared from the area. While there is some dispute regarding modern Native American entrance into the area, the Utes were the dominant Native American group in the 18h century. By 1855, Navajos were also living in the region of Spanish Valley south of Moab. That same year an area near Moab was settled by Mormon pioneers but, because of conflicts with native peoples, they did not remain long. It was not until 1874 that the first group of cattlemen arrived, and by 1881, there were 16 families residing in the valley. Ranching — cattle grazing and a few dairy cows -- was the main emphasis, but some settlers attempted to grow crops including vineyards and fruit trees. By the late 1800s and early 1900s there was news of award -winning peaches, apples, pears and grapes, but the expense of pumping irrigation water and unpredictable freezes prevented Moab from ever becoming a major agricultural area. Moab made some major strides at the end of the century. In 1890, Grand County was created by the Utah Legislature and on December 20, 1902, Moab became incorporated as a town. Mining has historically been the major local economic activity. Vanadium was first identified in 1912 near Cisco. By 1920, the southeastern Utah area had produced up to 2.5 million dollars in uranium; however, this was only the first of a boom/bust cycle for uranium mining. Potash and manganese mining have also played a role in the mining industry in Moab, along with oil and natural gas. By the end of World War II, the area was also getting a small amount of attention in the media as a tourist destination and a fair amount of use from the film industry, but the real economic boom was still to come. In the early 1950s, fueled by the Cold War, the uranium industry exploded. Charlie Steen, a down -on -his - luck prospector, made a dramatic uranium strike south of town and Moab became the center of activity for uranium mining. During the 1960s and 1970s the demand for uranium decreased and many of the mines were abandoned. In the early 1980s the processing mill closed, laying off hundreds of workers. a -c C co Q Page 111 of 131 20 III. RESIDENTIAL ZONES Goal: To achieve attractive, stable, and safe residential areas, and to achieve a balanced mixture of residential uses and densities. ------------ Policies: 1. Encourage the establishment and vitality of "walk -able" neighborhoods. Implementation: a. Improve public streets and rights -of -way. b. Add and improve sidewalks. c. Add additional parks as needed. d. Install traffic -calming devices such as street medians and traffic circles planted with trees and native shrubs and by the narrowing of street widths. e. Invite and encourage community participation in neighborhood improvement projects. f. Encourage planned unit developments with supporting community facilities, parks, open spaces and complementary commercial and employment uses. g. Provide density bonuses as incentive for open space preservation. h. Provide for adequate and attractive buffers where needed. i. Provide incentives to preserve agricultural land. 2. Residential growth should take place in an orderly manner so that it occurs where public facilities and needed City services can be economically provided. 3. Provide for low -density residential uses (residential/agricultural zones to encoura e a rural o en setting. Development should be characterized by agricultural uses. 4. Require individual, single -wide mobile homes be located in mobile home parks or in mobile home subdivisions. 5. Restrict commercial development in residential zones. Improve the appearance of the street planting strips on road right of ways. Implementation: a. Assign the responsibility for improving the appearance of planting strips to appropriate City department. b. Develop incentives for business and residents to improve appearance of planting strips. IV. HISTORIC DISTRICTS/HISTORIC CONSERVATION AREAS Goal: To preserve and enhance the historic quality and character of Moab and surrounding area, and to recognize and maintain the attractiveness of older residential neighborhoods and of the central business district that presents a "sense of place" unique to Moab. Policies: Encourage preservation/rehabilitation of existing structures. Page 112 of 131 WILLIAM MATTSON AND ASSOCIATES L,L.0 GENERAL CONSTRUCTION T- DESIGN/BUILD 100 EAST GREGORY AVENUE P.O. BOX 66 TELLURIDE, COLORADO 81435 N781 WW@GMAIL.COM NOVEMBER 1 1T", 2015 NARRATIVE MY NAME IS BILL MATTSON, I HAVE PURCHASED THE .55 ACRES [24,146 SQ. FT.] PARCEL LOCATED AT 746 WEST PALISADE DRIVE IN 2003. I HAVE MADE NUMEROUS IMPROVEMENTS TO THE PROPERTY OVER THE YEARS INCLUDING: A WATER WELL, AN IRRIGATION SYSTEM, FRUIT TREES AND GROUND COVER. I HAVE ALWAYS HAD AN INTEREST IN SMALL SCALE AGRICULTURE AND HAVE UTILIZED THIS PARCEL OVER THE YEARS TO GROW HEIRLOOM TOMATOES, PEPPERS, BASIL , MELONS ETC AND NOW A SMALL FRUIT ORCHARD. THE REASON I AM WRITING THIS IS THAT I WOULD LIKE TO PROPOSE A TEXT AMENDMENT To SECTION I7.45.060 OF THE MOAB LAND USE CODE. THIS WOULD ENABLE ME TO FURTHER ENJOY UTILIZING THE PROPERTY BY BUILDING A SMALL RESIDENCE [APPROXIMATELY 250 SQ. FT.] AND SPEND AN INCREASING AMOUNT OF TIME 1N MOAB WHERE I LIKE TO RECREATE, ENJOY A RURAL EXISTENCE, WHERE I CAN GARDEN AND APPRECIATE ALL THAT THE DYNAMIC AREA HAS TO OFFER. AS WITH THE PREVIOUS IMPROVEMENTS I HAVE MADE, I SEE A CONTINUAL DEVELOPMENT OF THE PROPERTY IN THE YEARS TO COME TO ACCOMMODATE MY INTERESTS IN A PRACTICAL AND EFFICIENT MANNER. A PLACE WHERE 1 COULD LIVE IN A MODESTLY SIZED BUT WELL APPOINTED DWELLING IS THE NEXT STEP. 1 AM NOT PROPOSING ANY ACTIVITIES WHICH ARE NOT ENCOURAGED BY THE MOAB GENERAL PLAN, THE MOAB LAND USE CODE OR CURRENTLY ENJOYED BY THE REST OF THE MEMBERS OF THE NEIGHBORHOOD. SINCE 1 AM STILL MAKING MY LIVING IN COLORADO AND ONLY LIVE IN MOAB ON A PART TIME BASIS [WHICH SEEMS TO BE INCREASING WITH EACH YEAR] THIS WOULD BE MY FORM OF AFFORDABLE HOUSING. I CANNOT .JUSTIFY THE EXPENSE OF BUILDING AN ADDITIONAL FULL SIZED HOME AT THIS TIME AND NOR DO I NEED ONE. IN REVIEWING THE CITY OF MOAB GENERAL PLAN AS WELL. AS ORDINANCE #2013-01 ADOPTED 1N 2014 I HAVE NOTICED THAT WHAT 1 AM PROPOSING SEEMS TO FIT IN WELL WITH MANY OF THE OBJECTIVES LISTED IN THE AFOREMENTIONED DOCUMENTS: 1) "ENCOURAGE A DIVERSITY OF HOUSING OPTIONS" 2) "IMPROVE QUALITY OF LIVING THROUGH SUPPORT OF AFFORDABLE HOUSING" 3) "ENCOURAGE AFFORDABLE HOUSING" 4) "ENCOURAGE A COMPACT MORE SUSTAINABLE TYPE OF DEVELOPMENT" 5) "TO ACHIEVE ATTRACTIVE, STABLE AND SAFE RESIDENTIAL AREAS WITH A BALANCED MIXTURE OF RESIDENTIAL USES AND DENSITIES" 6) "PROVIDE FOR LOW DENSITY RESIDENTIAL USES CHARACTERIZED BY AGRICULTURAL USES" 7) "SAFEGUARDING THE RURAL CHARACTER OF MOAB" Page 113 of 131 I DO WANT TO MENTION THAT I FEEL THIS OPTION [THE OPTION OF BUILDING A SMALLER HOME] SHOULD BE A RIGHT AND NOT A CONDITIONAL USE. THIS SHOULD BE A VENUE FOR ANYONE WHO WANTS TO DEVELOP THEIR PROPERTY IN AN INTELLIGENT AND MORE AFFORDABLE MANNER. A MANNER WHICH DOES NOT ENSLAVE ONESELF IN DEBT AT AN INAPPROPRIATE TIME YET COULD PRODUCE A WELL BUILT HOME CONFORMING TO THE STRINGENT BUILDING CODES WE ARE REQUIRED TO ABIDE BY. IN CLOSING, I WOULD ALSO LIKE TO MENTION THAT THE CURRENT BUILDING CODE WHICH GRAND COUNTY AND MOAB ENFORCE [IRC 2012] COULD BE SATISFIED BY A FLOOR AREA OF SIGNIFICANTLY LESS THAN WHAT I AM PROPOSING TO BUILD AND SIGNIFICANTLY LESS THAN THE 500 SQUARE FOOT REQUIREMENT NOW IN PLACE. WHY SHOULDN'T I BE ALLOWED TO BUILD ONLY WHAT I NEED SO LONG AS IT CONFORMS TO THE STANDARDS OF SAFE, EFFICIENT AND QUALITY CONSTRUCTION PRACTICES. THANK YOU FOR YOUR CONSIDERATION. RESPECTFULLY, BILL MATTSON Page 114 of 131 / / AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 21, 2016 Agenda item #: 7-6 Title: Approval of the Sanitary Sewer Service Agreement for Eddie McStiff's Inc. Fiscal Impact: none Staff Presenter(s): Phillip M. Bowman, P.E., City Engineer Department: Engineering Background/Summary: The Moab City Council adopted the current Sanitary Sewer Management Plan (SSMP) in October of 2015. The SSMP requires that all Food Service Establishments (FSE's) provide an acceptable means of intercepting oil and grease generated by the restaurant operations prior to discharging to the City's sanitary sewer collection system. The SSMP provides alternatives to address the oil and grease generated by restaurants, and defines the City's preferred alternative as an exterior oil and grease trap for each FSE. Eddie McStiff's Inc. has existing site conditions and limitations that complicate the installation of an exterior oil and grease trap, so this Sanitary Sewer Service Agreement has been prepared as an alternative for City Council consideration With the adoption of the SSMP in October 2015, City Staff discussed with the City Council what conditions would require existing restaurants to install exterior oil and grease traps. In general, it was agreed by City Council that any existing restaurant applying for a building permit would be required to install an exterior oil and grease trap as a condition of their building permit. Eddie McStiff's Inc. (EMI) has applied for a building permit to make interior modifications and improvements to the existing restaurant, Eddie McStiff's Restaurant and Bar. The applicant was informed that an exterior oil and grease trap would need to be installed with the improvements proposed on the building permit. The applicant met with City Staff to discuss the existing site conditions and limitations that complicate the installation of an exterior oil and grease trap, and the applicant proposed the use of interior oil and grease interceptors instead. In addition, the applicant proposed an Operation and Management Plan (included with the Agreement as Exhibit A) to implement new practices in the restaurant that will lower the amount of oil and grease generated. City Staff has reviewed the applicant's proposal, and prepared the Sanitary Sewer Service Agreement for City Council consideration. City Staff believes that the proposed interior oil and grease interceptors will provide an improvement to the 1 Agenda Page 115 of 131 conditions that exist now. The Agreement contains provisions within the Operation and Management Plan that outline quantifiable measures that can be verified in the restaurant operations to lower the amount of oil and grease generated. The Agreement also contains provisions for the future installation of an exterior oil and grease trap if the interior units do not function at an acceptable level. City Staff is available to discuss any specific details of the Agreement and/or Operation and Management Plan, and answer any questions that the City Council may have. Options: 1. Approve the Sanitary Sewer Service Agreement for Eddie McStiff's Inc. 2. Direct staff to make changes to the agreement, and approve at a later meeting. 3. Other, as directed to staff. Staff Recommendation: Staff recommends approval of the Sanitary Sewer Service Agreement for Eddie McStiff's Inc. Recommended Motion: "I move to approve the Sanitary Sewer Service Agreement for Eddie McStiff's Inc." Attachments: Sanitary Sewer Service Agreement, with Exhibit A (Operation and Management Plan) Agenda Page 116 of 131 SANITARY SEWER MANAGEMENT AGREEMENT The City of Moab (City), a Utah municipality, agrees to grant a building permit (Permit) to Eddie McStiff's Inc. (EMI), a Utah corporation, for the building located at 57 South Main Street, Moab, Utah (Property). The terms of this Sanitary Sewer Management Agreement (the Agreement) are incorporated into the terms of the Permit. 1. Grease Trap Installation. The parties acknowledge that the sanitary sewer serving the Property has been affected by oil and grease discharges created by EMI. The discharges of oil and grease into the City sanitary sewer system constitutes a violation of City ordinances. To address this problem, EMI will immediately install two (2) interior oil and grease traps at the Property. EMI will be solely responsible for the maintenance, upkeep, and future replacement of all traps. 2. Maintenance, Inspection, and Proper Disposal. EMI will follow all measures outlined in the Operations and Management Plan attached to this Agreement as Exhibit A. EMI will keep regular records documenting its maintenance of the oil and grease traps and proper disposal of all restaurant oil and grease. All EMI employees shall be instructed in proper oil and grease disposal. Records for maintenance, and for the oil and grease disposal, shall be made available for inspection by the City upon request. 3. Reimbursement of City Maintenance Costs. EMI agrees that it will pay the reasonable costs of cleaning or repair of City sanitary sewer lines that are downstream from the Property if grease from the Property continues to affect the sanitary sewer lines. The City will issue an invoice for such costs, which will be due upon receipt. Sums unpaid under this Agreement will accrue interest at the rate of ten percent (10%) per annum until paid in full. 4. Additional Measures. If, within one year of the date of the Agreement, the operation of the interior oil and grease traps do not significantly reduce the need for the City to clean oil and grease deposition out of the sanitary sewer lines, then EMI agrees to install an exterior oil and gas trap at its sole expense. The minimum size of the exterior oil and grease trap will be one thousand (1,000) gallons. The City shall determine, in its sole discretion, whether the sanitary sewer system downstream of the Property is functioning adequately. 5. Time for Exterior Installation. If EMI is directed to install an exterior oil and grease trap, it will be allowed a period of up to six (6) months from the date of written notice from the City in which to install the exterior oil and grease trap and any related improvements. If EMI fails to install the exterior oil and grease trap within six (6) months, EMI's business license for "Eddie McStiff s Restaurant and Bar" issued by the City will be subject to revocation pursuant to the procedures outlined in Chapter 5.04 of the Moab Municipal Code. 6. Further Review. If the measures in this Agreement do not adequately correct the a z a a) Q 1 Page 117 of 131 sanitary sewer system impacts caused by EMI, the parties will confer with respect to other or additional measures to be undertaken. This Agreement is subject to all terms of the City of Moab Sanitary Sewer Management Plan (SSMP) adopted in October 2015, and any subsequent revisions or updates approved by the Moab City Council. Nothing in this Agreement shall be deemed to abrogate any remedies available to the City under the SSMP 7. Notice. Notice under this Agreement shall be issued to the following: City of Moab 217 East Center Street Moab, Utah 84532 Attention: Phillip Bowman, City Engineer Eddie McStiffs, Inc. 57 South Main Street Moab, UT 84532 Attention: Edward Snyder DATED this, _ day of 4:-.25,4/A/2- y- , 2016. Attest: The City of Moab By: By: Rachel Stenta, Recorder Title: David Sakrison, Mayor Eddie McStifPs Inc. By: f� Title: Edward Snyder, Owner Attachment: Exhibit A — Operations and Management Plan -End of Document - a z C a) Q 2 Page 118 of 131 EXHIBIT A EDDIE MCSTIIFS OPERATION AND MANAGEMENT PLAN FOR OIL, ,AND GREASE REMOVAL, We recognize the need to eliminate the grease created in a commercial kitchen before it gets into the sewer system. In order to accomplish this goal we have developed a program that is multi -tiered. We have educated ourselves to the current technologies available, spoken with experts in the field, researched the products available and feel our proposal will satisfy all of our goals concerning keeping grease from the wastewater. 1) We spoke with professional plumbers here in Moab and Engineers/ Technicians in the grease collection/control industries and established a opinion on what options are available to us. We discussed pumping the grease -laden water with a lift station and transporting it to a place where it could enter a grease trap. The distance and the exposure to temperature fluctuation made this option a non starter. 2) We realized that washing the EMS kitchen floor with a hose that allowed dirty water to drain into the existing floor drains was a problem, albeit a easy to fix problem. We have opted to close off the floor drains that are located every 15ft in our kitchen (not the floor sinks). By doing this we will eliminate any runoff from the floor cleaning process to enter the wastewater system. We will go back to the mop and bucket technique, dumping the dirty mop water into a dedicated sink that is connected to the grease removal system. 3) our kitchen staff is being reintroduced to the proper sequence required to reduce the amount of solVgrease as dishes, silverware,pots pans etc are being prepared for washing. Pre -cleaning, scraping, wiping all the above into garbage cans will remove much of the problem before it enters the wash sequence. 4) pre rinsing and then hand washing all wares in the prewash area of the dish -pit will essentially remove almost all the grease from the wares. This rinse sink and pre -wash sink will be connected directly to the grease removal equipment. All wares will be hand washed before they enter the dishwasher. 5) We have spoken at length with our dishwashing machine company and discussed the proper balance of chemicals needed to properly clean and sanitize our wares while not over using chemicals that can hinder the grease removal process. Some of the technicians we spoke with expressed the belief that if the pre-spray/pre wash is done properly then there should be little or no grease being created in the dishwasher itself and could/should not be connected to the grease removal equipment. I am happy to hear the Moab City opinion on that. 6)As per the manufacturer a 20 GPM Thermaco "Big Dipper is" automated grease and oil removal system has been sized for the flow of grease/oil burden effluent from our pre rinse and pre wash dish station. please see accompanying information on the unit. This unit will be installed according to manufactures guidelines buy a licensed plumbing contractor. 7) in our prep kitchen we will replace the existing traditional grease trap with a 35 gpm Thermaco "Big Dipper (is). It will connected to the 3 compartment wash sink and has been sized out by the manufacturer. This unit will be installed according to manufactures guidelines buy a licensed plumbing contractor. Agenda Exhfr'laigA,114)90 13:f 13 Here is why we think we can be successful with the scenario above: 1) Solids- dealing with solids effectively has to happen at the initial phase of ware -washing. Everything headed to the dish bay must be manually scraped out or wiped out into trash cans. = 0 gpm 2) Pre -rinse station- after manually removing solids the wares go into a rinse sink to remove what may still be clinging. = 7.5 gpm 3) Pre -wash station- the wiped, rinsed wares now go into a prewash sink that is hot soapy water. Each individual piece is hand washed.= 7.5 gpm At this point the dirty water from the rinse station and the pre -wash sink are drained directly into the Big Dipper 20 gpm grease trap. combined pre-rinse+pre wash = 15 gpm into a 20 gpm rated grease interceptor. 4) The next stop for the wares is the dish machine, by this point in the process all solids and the majority (98%) of grease will have been removed and be trapped in the interceptor. 5) Possibly the most important aspect of this automated grease interceptor system is the removal of the number one problem with all old style grease interceptor systems -Human error. Recap: 1) create a operation and management for oiVgrease removal protocol* 2) create maintenance interval schedule with record keeping* 3) eliminate 70% of "hard" dishes by replacing them with Baskets and wax paper liners. 4) eliminate floor drains in kitchen 5) continual education of staff 6) scrape and wipe all washable items before they enter dish washing area. 7) pre rinse all washable items 8) pre wash all washable items 9) stay in touch with Moab City Public works regarding our control of grease. *pis see page marked addendum 1 Agenda Ex1f314A,1agEf 211 13 EDDIE MCSTIFFS OPERATION AND MANAGEMENT FOR OIL AND GREASE REMOVAL ADDENDUM-1 FEBRUARY 1, 2016 A. FROM THE TOP 100 SELLERS (93% OF TOTAL SALES) ON THE MENU WE WILL REPLACE 70 OUT OF EVERY 100 HARD CERAMIC PLATES THAT WE USED IN THE PAST WITH PLASTIC UNDER LINERS LINED WITH WAXED PAPER. (70% REDUCTION IN DIRTY PLATES GOING TO THE DISH -BAY) B. ALL MAINTENANCE INTERVALS AS RECOMMENDED BY THE MANUFACTURER WILL BE STRICTLY ADHERED TO. ANY ADDITIONAL MAINTENANCE WILL BE HANDLED ON AN AS NEEDED BASIS. SEE ATTACHED MANUFACTURERS MAINTENANCE RECOMMENDATIONS. C. O/G HANDLING PLAN- ALL GREASE/OILS REMOVED FROM GREASE INTERCEPTOR SYSTEM WILL BE STORED IN METAL TANKS. BONNEVILLE LIVESTOCK OF LEHI UTAH EMPTIES THESE ON A MONTHLY BASIS OR AS NEEDED DUE TO USE. THE WASTES ARE TAKEN TO A RENDERING PLANT WHERE THEY ARE USED IN ANIMAL FOOD. D. RECORD KEEPING- DAILY MAINTENANCE REORDS WILL BE KEPT IN THE KITCHEN MANAGERS POSSESSION AND WILL BE PICKED UP ON SUNDAY EVERY WEEK TO BE FILED IN THE OFFICE OF EDDIE MCSTIFFS. THE OFFICE PERSONNEL ARE IN THE OFFICE MONDAY THRU FRIDAY 8-4. Agenda Ex1f314A,1PATI 3334 13 Alternative Grease Interceptor Recommendation Provided by: --Thermaco Thermaco, Inc 646 Greensboro Street Asheboro, NC 27203 Project: Eddie McStiff s Bar & Restaurant January 19, 2016 Agenda Ex1f314A,1agEf 411 13 wow lhernxo• Project Details Facility Type: Full Service Restaurant Business Name: Eddie McStiff s Bar & Restaurant Location: 57 South Main Street Moab UT 84532 The facility's preparation kitchen is scheduled to have one three compartment sink connected to the grease interceptor with dimensions shown for each compartment: (1) 3 Compai intent Sink-- 24" L x 24' W x 12" H The production kitchen is scheduled to have one pre -wash sink and one pre -rinse sink connected to the grease interceptor with dimensions shown for each: (1) Pre -wash Sink— 24" L x 16" W x 16" H (1) Pre -rinse S ink— 16' L x 16" W x 6" H Thermaco products including Big Dipper Automatic Grease Removal Devices generally sized using the ASME A 112.14.3 and PDI-G 101 methodology to which these units are tested. Sizing above fixtures per ASME A112.14.3/PDI-G 101 3 Compartment sink 34 gpm Preparation Kitchen Maximum Flow Rate 34 gpm Pre -wash sink 10 gpm Pre -rinse sink 2 gpm Production Kitchen Maximum Flow Rate 12 gpm Sizing a three compartment sink with bay sizes 24x24x12 each 24x24x1 _3_ 3 r r ntr the numbeompartments) ® Cubic Inches: Total volume of three compartments 6,912 20,736x75=20,736 Cubic inches (76 represents 3/4 of volume since sinks are never 100% full) 15,552/231=41 gallons (There are 231 cubic inches in one g# ono f water) 672 = 34 GPM 2 minutes Is the average time it takes to empty a sink 20,736 iCubic Inches: Total volume of water in sinks @ 3/4 full 15,55 6; Gallons: Amount of Water emptying from sink. Flow Rate: Peak gallon per minute flow rate if sinks 34 dumped at one time. ATHERMACOT echiel ow DzwijorAr. A THERMACO' Technolog P.O. BOX 2548 • 646 GREENSBORO STREET • ASHEBORO, NC 27204-2548 • PHONE (336) 629-4651 • FAX (336 626-5739 www.thernpggeccpEnxdrifpOthermaco.com Exhibit A, Page 5 of 13 Agenda --01hermaco' In reality, the likelihood of flow rates reaching 34 gpm is very unlikely. They would only be seen if all three compartments will filled up and dropped at the exact same time (these kind of impounded water flows are more likely in a 3 compartment sink, in this particular case it could be 34 gpm max flow rate). Additional Considerations In addition to flow rating, likely grease output must be considered. Given the menu for this restaurant and communicated that they are instituting single serve (baskets with paper liners instead of hard plates) reducing the wash ware up to 60%. Big Dipper Automatic grease removal devises are a smaller footprint making installations possible in space constrained sites where traditional interceptors are not possible. Big Dipper units use a Digital Control Timer and skimming wheel to isolate trapped grease into a collector for easy disposal. Where traditional interceptors can hold 25% of their volume in grease before losing efficiency. Proposed Alternative Thermaco recommends the use of one Big Dipper Automatic Grease Removal Devise Model W- 350-IS 35gpm to serve the three compartment sink located in the preparation kitchen and one Big Dipper Model W-200-IS 20 gpm to serve the pre -wash and pre -rinse sink located in the production kitchen. Please review attached specification sheets and ASME A112.14.3 Test Results for additional information on this product. For additional information, please contact Thermaco at 1-800-633-4204 or info@thermaco.com. 110 BA ATHERMACO•Technology A THERMACO• Technotogy P.O BOX 2548 • 646 GREENSBORO STREET • ASHEBORO, NC 27204-2548 • PHONE (336) 629-4651 • FAX (336) 626-5739 www.thermaNippnihermaco.com Exhibit A, Page 6 of 13 Agenda 0110 AMPli ER ® A THERMACO® Technology Installation & Operation Instructions For Big Dipper 40000 Series Internal Strainer (IS) Units Models W-200-IS, W-250-IS, W-350-IS and W-500-IS (Including 230 VAC Units) is Es PMG CE. �SAus. * Please consult Thermaco, Inc. for specific models tested, certified and/or listed by these organizations. Copyright ©2016 Big Dipper® Thermaco, Inc. • P.O. Box 2548 • Asheboro, NC 27204 Toll Free: (800) 633-4204 • V: (336) 629-4651 • F: (336) 626-5739 info@thermaco.com • www.big-dipper.com AER Agenda Ex1f4A,1P5gEf 73113 Pant/ MNL-ISPS40000 1110.0firk,ER® A THERMACO• Technology 40000 Series Table of Contents Table of Contents IS System Overview IS System Maintenance 3 4 IS Digital Control Operation 5 IS System Troubleshooting 7 How To Reverse IS System Operation 8 Plumbing Installation 9 Vented Flow Control Installation 11 Electrical Installation 12 IS System Wiring Diagram 13 IS Component Identification 14 IS Replacement Parts 16 Limited Warranty 17 ©2016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 j MNL-ISPS40000 2 rAgenda Exlfilayk,1P6gEf 833113 ACWIDNER® A THERMACO° Technology 40000 Series Big Dipper® Internal Strainer (IS) System Overview Big Dipper Internal Strainer System Overview The Thermaco, Inc. Big Dipper® Automatic Grease and Oils R grease & oils from kitchen drain water flows. As most food service facility managers already know, grease buildup within a building's plumbing drainage system is a major cause of prob- lems due to drain line blockages. These problems jeopardize normal operations as well as create health and safety hazards within the facility itself. The proper installation of a Big Dipper System can reduce or eliminate grease problems. Use of the Big Dipper assures minimization and/or elimination of costly sewer surcharges and fines through efficient separation and removal of free-floating grease & oils. In addition, the Big Dipper also helps reduce or eliminate pumping and disposal costs associated with conventional grease separators or intercep- tors. The recovered grease & oils are substantially water -free and are suitable for recycling by local rendering and/or biodiesel companies. The Big Dipper system is an automatic, self-cleaning device. As greasy kitchen effluent drains from kitchen fixtures, the unit contains the grease & oils. These separate from the effluent and rise to the surface of the separator tank. The unit automatically skims the contained grease & oils and transfers the grease & oils to a collection container. A digital control maintains the self cleaning operation, activating the skimming wheel periodically based on the setting chosen. Only the "cleaned" water exits the unit and flows into the facility drain lines. The Big Dipper IS automatic systems operate most efficiently when servicing single fixtures such as a 1 to 3-compartment sink or a pre -rinse station. The Big Dipper system's compact footprint allows installation directly at the source where grease problems originate. The system design also allows easy maintenance and operation requiring only a minimal amount of daily and weekly maintenance to maintain peak operating performance. The Big Dipper system design allows for maximum installation flexibility. Reversing the system op- eration is a simple as rotating the cover assembly of the unit. Hydromechanical grease interceptors", grease separators, automatic recovery units, grease removal devices and other similar plumbing devices receiving kitchen flows from sinks, floor drains, woks and other food bearing sources may generate odors. There are many factors influencing odor evolu- tion and dissemination. These include room ventilation, kitchen menu, ambient temperatures, ware washing practices, grease/oil input, daily input fluid volume, sanitizers, installation plumbing design and product maintenance/upkeep. Odors are usually prevented by good area ventilation, frequent fluid inputs, good product maintenance practices and proper product installation. Additional steps, including aeration, chlorination, improved area ventilation and additional maintenance control, may be needed at some sites. "Devices formerly referred to as grease traps are now called hydromechanical grease interceptors. ©2016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 I MNL-ISPS40000 3 Exlfilayk,1PagEf 931 13 Agenda AirIV DiltER® A THERMACO" Technology 40000 Series Big Dipper® Internal Strainer (IS) System Maintenance Big Dipper® Internal Strainer (IS) System Maintenance *CAUTION! DISCONNECT POWER TO UNIT BEFORE CLEANING to prevent damage to the unit and personal injury *NOTE: Before energizing unit after cleaning, fill tank with water to protect wipers and heater from damage Dai y Maintenance: (A) Empty the clear plastic grease/oils collection container (located beside the unit) prior to its be- coming full once each day. The Big Dipper recovers grease and oil virtually water -free so that they can be recycled. The collector container should be washed periodically so as to maintain the easy viewing translucent characteristic of the collector. (B) The internal strainer basket should be removed and emptied into a garbage container by shaking briskly. Wash the inside and outside surfaces of the strainer after emptying. Weekly Maintenance: (A) Check the collection trough and the wiper blades for any solids build-up. Wipe off any accumulated deposits and assure that the wiper blades are clipped in place properly. (B) Press the Start button (on the bottom of the user interface) momentarily to ensure that the motor and skimming wheel are still operating correctly. (C) Check the thickness of the grease layer at the top of the unit. There should be no appreciable amount of grease or oil left in the tank immediately after the daily automatic skimming cycle. If there is more than a 1/2" (13 mm) thick layer of grease after the skimming cycle, this indicates a need to increase the skimming time. Increase the digital control settings accordingly until a clean unit ap- pearance is obtained after the automatic skimming cycle. A simple guide is to change to the next higher setting (Light [I] to Moderate [II] or Moderate [II] to Heavy [III]) and run for a period of time until enough grease is being skimmed from the tank. Quarterly Maintenance: (A) The internal strainer basket in the unit is designed to remove incidental solids from kitchen drain flows. Over a period of time, sediment consisting of very fine particles may begin to accumulate on the bottom of the unit. If this build-up is allowed to continue, it may eventually block the outlet baffle. To prevent this from occurring, remove the lid and stir the bottom of the unit with a long handled spatula while water is flowing to flush out the sediment. Occasionally drain and clean the unit thoroughly. Properly used, a wet -vac may be appropriate for this purpose. ©2016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 I MNL-ISPS40000 4 Agenda Exh o gt,132fgef1r8®f 13 40000 Series A THERMACO° Technology Big Dipper® IS System Digital Control Operation Digital Control Operation (Default Modes) Timed Skimming Default Through the "User Interface" three levels of skimming may be selected in the "default' mode. By selecting one of the skimming buttons — I, II, or III - the skimming cycle (see table below) is activated. The LED associated with the selected button is illuminated continuously as an indicator of the selected skim cycle and as a "power on" indicator. If the skimming level is changed during an active skimming cycle, the next active skim cycle will be at the new setting (The LED associated with the newly selected level will change immediately). If the skimming cycle is changed between active skimming cycles the next skim cycle will be at the new level. Motor Exercising For all default mode skimming levels, the motor will be energized for 30 seconds every 9.5 hours. Only the motor will be energized (no heater operation) atthese exercising times. Light Setting: Recommended for Light Grease Output (Small Cafes, Coffee/ Ice Cream shops***) Moderate Setting: Recommended for Moderate Grease Output (Quick and Full -Service restaurants*"*) Heavy Setting: Recommended for Heavy Grease Output (Steakhouses, Buffets, Heavy Grease producing sites"**) Start Button: Press to begin a cycle early or to test operation.. Start Button Operation Any time the start button is depressed the "time between skims" the digital control goes to its maximum time and operation begins for the selected skim level. After this skimming cycle the normal time delay to the next skim cycle is used (skim cycle resets when the start button is depressed). Heater Operation The heater operates under Thermistor control any time the skimmer motor is energized and anytime the liquid temperature drops to 40° F to prevent liquid from freezing. Contact Thermaco for programming alternative heater settings. Default Modes - Normal Operation* Button Selected Skim Time Delay Between Skims** Light (I) 15 Minutes 76 Hours Moderate (II) 30 Minutes 19 Hours Heavy (III) 60 Minutes 19 Hours " For Extreme Conditions see next page. Delay between Skims is the time from the start of the 1st skim to the start of the next skim. "" Only examples, actual mode needed will vary depending upon menu, warewashing procedures, etc. ©2016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 I MNL-ISPS40000 5 Agenda ExhlBatgi§,1329gef11136f 13 BIG DA PER® A THERMACO" Technology 40000 Series Big Dipper® IS System Digital Control Operation Digital Control Operation (Extreme Modes) Extreme Operation For Food Service Operations which produce more grease and need additional run-time, the 40000 Series Big Dipper provides additional modes for extreme operation. In order to access these modes: 1. Remove power from CLA by unplugging unit or lifting it to disengage the safety switch (found on underside of the back of assembly). 2. Reapply power while holding down the Heavy Mode (III) Button. 3. The button (III) will blink temporarily, indicating which operation level has been selected. 4. Select desired mode at skim times/frequencies listed below. `ASI �r 11l4r !lvM vv Button Selected Skim Time Delay Between Skims* Light (I) 90 Minutes 19 Hours Moderate (II) 120 Minutes 19 Hours Heavy (III) 120 Minutes 9.5 Hours • Delay between Skims is the time from the start of the 1 st skim to the start of the next skim. To return to Default Modes, follow the instructions above, but press the Light Mode (I) Button instead of the Heavy Mode (III) Button. The: Light Mode (I) Button will temporarily blink to indicate this operational level has been selected. Hold down Light Mode (I) Button when connecting power to unit to switch back to default modes. Hold down Heavy Mode (III) Button when connecting power to unit to switch to extreme modes. ©2016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 I MINIL-ISPS4o0o0 6 Agenda E,fageftt236f 13 ING A WANER ® A THERMACO° Technology 40000 Series How To Reverse Big Dipper® IS System Operation How To Reverse Big Dipper® IS System Unit Operation *ALWAYS UNPLUG UNIT BEFORE REMOVING LID *SYSTEM WILL NOT OPERATE UNLESS CENTER MODULE IS IN PLACE 1 ) 3) f— n� \J I U n _ Grease Outlet 1) Unlatch the Unit lid. Pull the side wings outward. Heater L r 3) Rotate the center module 180°. 2) -0 5;7_1 o aa) > cc o o N E U •- cr w U 2) L ft the center module up off of the unit, ensuring clearance for the heater. 4) 4) Lower the center module back down on top of the unit. Move the two side wings back into place & fasten all latches. ©2016 Thermaco, Inc. All rights reserved • Patented/Patents Pending • Specifications subject to change without notice Thermaco, Inc. • 646 Greensboro St. • Asheboro, N. C. 27204-2548 • Phone (336) 629-4651 I MNL-ISPS40000 8 rAgenda Exh o 0,12.5Igef1133mf 13