HomeMy Public PortalAboutPKT-CC-2016-08-09Moab City Council
August 9. 2016
Pre -Council Workshop
6:30 PM
REGULAR COUNCIL
MEETING
7:00 PM
CITY COUNCIL CHAMBERS
CITY CENTER
(217 East Center Street)
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Page 2 of 88
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, August 9, 2016 at 6:30 p.m.
6:30 p.m. PRE COUNCIL WORKSHOP
1-1 Discussion Regarding Rental Inspections
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-2 July 7, 2016
1-3 July 12, 2016
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: PRESENTATIONS
3-1 None
SECTION 4: PROCLAMATIONS
4-1 None
SECTION 5: PUBLIC HEARING (Approximately 7:15 PM)
5-1
Public Input on Proposed Ordinance #2016-09 — An Ordinance of the Governing
Body of Moab Annexing Property to the City of Moab
SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 Approval of Permits for Moab Pride at the Moab Valley Multicultural Center on
October 1, 2016
6-1.1 Approval of a Special Business Event License
6-1.2 Approval of a Class IV Special Event Beer License
6-1.3 Approval of Local Consent for a state -issued Special Event Beer Permit
6-2 Approval of Permits for a Vendor Business License for a new gourmet hot dog food
cart, "Oh My Dog," to be located at 83 S. Main Street August 10, 2016 through
November 20, 2016 and February 15, 2016 through November 20, 2017
6-3 Approval of Class III Beer License for Brendon Cameron, d.b.a. City Market located at
425 South Main Street
SECTION 7:
NEW BUSINESS
7-1 Acceptance of a Petition for Annexation by Moab City for Property located at
approximately 400 North Stewart Lane and 1070 West 400 North and Waiver of the
Annexation Fee not to exceed $400
7-2 Approval of Task Order #370.07.100 with Hansen, Allen & Luce for the City Center
Photovoltaic System Design in the amount of $5,500
7-3 Approval of applications for Two Grants from the Utah Office of Outdoor Recreation
Page 3 of 88
7-4 Discussion of Priority Ordering of Affordable Housing Issues
SECTION 8: MAYOR AND COUNCIL REPORTS
SECTION 9: READING OF CORRESPONDENCE
SECTION 10: ADMINISTRATIVE REPORTS
SECTION 11: PUBLIC OUTREACH REPORT
SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 13: EXECUTIVE CLOSED SESSION (IF NEEDED)
13-1 A Strategy Session to Discuss Pending or Reasonably Imminent Litigation
SECTION 14: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should
notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days
prior to the meeting. Check our website for updates at: www.moabcity.org
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MOAB CITY COUNCIL
SPECIAL COUNCIL MEETING
July 7, 2016
The Moab City Council held a Special City Council Meeting on the above
date in the City Council Chambers at 217 East Center Street, Moab,
Utah.
Mayor David Sakrison called the Special Meeting to order at 5:30 PM. In
attendance were Councilmembers Heila Ershadi, Kalen Jones, Kyle
Bailey, Tawny Knuteson-Boyd and Rani Derasary. Also in attendance
were City Recorder/Assistant City Manager Rachel Stenta, Police Chief
Mike Navarre and City Engineer Phillip Bowman. There were two (2)
members of the audience and press present.
Councilmember Bailey moved to approve the Project for Community
Development Block Grant (CDBG) Small Cities Program for Program Year
2017. Councilmember Knuteson-Boyd seconded the motion. The motion
carried 5-0 aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-
Boyd and Derasary voting aye.
Councilmember Jones moved to enter an Executive Closed Session to
Discuss Pending or Reasonably Imminent Litigation at 5:35 PM. The
motion carried 4-1 aye, with Councilmembers Ershadi, Jones,
Knuteson-Boyd and Derasary voting aye. Councilmember Bailey voting
nay.
Councilmember Bailey moved to close the Executive Session at 6:18 PM.
Councilmember Ershadi seconded the motion. The motion carried 5-0
aye, with Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and
Derasary voting aye.
Councilmember Bailey moved to table the approval of City of Moab's
Statement Regarding Allegations of Improper Procurement of
Information Technology Consulting Services and Equipment until
receiving a report from The Utah State Auditor, and then releasing a
statement. Councilmember Ershadi seconded the motion. The motion
carried 4-1 aye, with Councilmembers Ershadi, Bailey, Knuteson-Boyd
and Derasary voting aye. Councilmember Jones voting nay.
July 7, 2016
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SPECIAL MEETING CALLED TO
ORDER AND ATTENDANCE
APPROVAL OF CDBG GRANT
FOR 2017
EXECUTIVE SESSION ENTERED
EXECUTIVE SESSION CLOSED
APPROVAL OF A STATEMENT
REGARDING ALLEGATIONS,
TABLED
Page 5 of 88
Councilmember Bailey moved to adjourn the meeting. Councilmember
Ershadi seconded the motion. The motion carried 5-0 aye, with
Councilmembers Bailey, Ershadi, Jones, Knuteson-Boyd and Derasary
voting aye.
The meeting was adjourned at 6:20 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
July 7, 2016
Page 2 of 2
ADJOURNMENT
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MOAB CITY COUNCIL
REGULAR MEETING
July 12, 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 Pro-Tem Kyle Bailey called the Pre -Council Workshop to order at
6:30 PM. In attendance were Councilmembers Rani Derasary, Tawny
Knuteson-Boyd, Heila Ershadi and Kalen Jones. Also in attendance were
City Manager Rebecca Davidson, City Recorder/Assistant City Manager
Rachel Stenta, City Treasurer Jennie Ross, Community Services Director
Amy Weiser, Parks, Recreation and Trails Director Tif Miller, Police Chief
Mike Navarre and City Engineer Phillip Bowman.
Doug Folsom of Utah Local Governments Trust (ULGT) presented the
City of Moab with the Trust Accountability Program (TAP) Award for
2015.
Mayor Pro-Tem Bailey called the Regular City Council Meeting to order
at 7:00 PM and led the pledge of allegiance. Eight (8) members of the
audience and media were present.
Councilmember Derasary moved to approve the Council meeting
minutes of May 24, 2016 and June 7, 206 with changes, and June 9,
2016. Councilmember Jones seconded the motion. The motion carried
5-0 aye, with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi
and Derasary voting aye.
There were no Citizens to Be Heard.
Councilmember Jones moved to approve a request for an Amplified
Music Event at Old City Park by Moab Valley Health Care on July 30,
2016. Councilmember Ershadi seconded the motion. The motion
carried 5-0 aye, with Councilmembers Bailey, Jones, Ershadi, Knuteson-
Boyd and Derasary voting aye.
Councilmember Ershadi moved to approve Resolution #22-2016—A
Resolution Amending the Fee Schedule for Moab City Sports, the Moab
July 12, 2016
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REGULAR MEETING &
ATTENDANCE
PRE COUNCIL WORKSHOP
PRESENTATION
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
APPROVAL OF AMPLIFIED
MUSIC AT OLD CITY PARK
APPROVAL OF RESOLUTION
#22-2016-AMENDING
RECREATION FEE SCHEDULES
Page 7 of 88
Recreation and Aquatic Center, and Moab City Parks and Facilities.
Councilmember Knuteson-Boyd seconded the motion. The motion
carried 5-0 aye, with Councilmembers Bailey, Jones, Ershadi, Knuteson-
Boyd and Derasary voting aye.
Councilmember Jones moved to approve the Proposed Recorder
Assistant Job Description. Councilmember Derasary seconded the
motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Jones, Ershadi, Knuteson-Boyd and Derasary voting aye.
Councilmember Derasary moved to approve a Request to Send Proposed
Ordinance #2016-09 — An Ordinance of the Governing Body of Moab
Annexing Property to the City of Moab to a Public Hearing on August 9,
2016 at approximately 7:15 PM. Councilmember Knuteson-Boyd
seconded the motion. The motion carried 5-0 aye, with Councilmembers
Bailey, Jones, Ershadi, Knuteson-Boyd and Derasary voting aye.
Councilmember Jones moved to approve the Project Agreement for the
2016 Sanitary Sewer Rehabilitation Project with Lance Excavating Inc.
Councilmember Ershadi seconded the motion. The motion carried 5-0
aye, with Councilmembers Bailey, Jones, Ershadi, Knuteson-Boyd and
Derasary voting aye.
Councilmember Knuteson-Boyd moved to approve a Master Services
Agreement and Task Order #16-01 for Geotechnical Consulting and
Materials Testing Services for the Water Reclamation Facility Project
with AGEC. Councilmember Jones seconded the motion. The motion
carried 5-0 aye, with Councilmembers Bailey, Jones, Ershadi, Knuteson-
Boyd and Derasary voting aye.
A discussion concerning the City of Moab's Conflict of Interest
Statement form was held.
A discussion regarding the City of Moab's Purchasing Policy was held.
Under Mayor and Council Reports, Mayor Pro-Tem Bailey stated that
Spanish Valley Water and Sewer District has begun interviewing for the
Manager Position.
Councilmember Jones reported that the Grand County Special Events
Committee invited the Throttle Down Committee to a debrief meeting of
July 12, 2016
Page 2 of 4
APPROVAL OF RECORDER
ASSISTANT JOB DESCRIPTION
APPROVAL TO SEND
PROPOSED ORDINANCE #
2016-09 TO PUBLIC HEARING
APPROVAL OF PROJECT
AGREEMENT WITH LANCE
EXCAVATING
APPROVAL OF TASK ORDER
#16-01 WITH AGEC
DISCUSSION OF CONFLICT OF
INTEREST FORM
DISCUSSION OF PURCHASING
POLICY
MAYOR AND COUNCIL
REPORTS
Page 8 of 88
the recent Motos in Moab event. Councilmember Jones stated that the
two hour meeting included how to go about managing special events
and that the County Council may reconsider being involved in approval
of events.
Councilmember Knuteson-Boyd mentioned that she attended the Traffic
Safety meeting at the Grand Center. Councilmember Knuteson-Boyd
stated she felt that the meeting was well attended and that Kent Green
presented good information.
Councilmember Jones asked what the City will do with the information
that was gathered at the Traffic Safety meetings.
City Manager Davidson reported that a transcript of the Traffic Safety
Meetings would be distributed to the public for questions and answers.
Councilmember Ershadi stated that she has heard positive feedback on
the Traffic Safety meetings as well as the City's Information Ads.
Councilmember Ershadi commended Community Services Director Amy
Weiser on her quick response concerning a citizen's complaint.
Councilmember Derasary stated that she also attended the Traffic Safety
meetings and mentioned that she still gets emails concerning the issues.
Councilmember Derasary discussed Coffee with the Council and stated
that the next session will be July 1, 2016 with an evening session on July
13, 2016 from 6:00 PM to 8:00 PM.
Councilmember Derasary stated that she attended the Housing Task
Force Meeting. The Task Force received nineteen (19) responses of a
wide variety on their assured housing survey.
Councilmember Derasary stated that she attended a Trail Mix meeting
with Parks, Recreation and Trails Director Tif Miller.
Councilmember Derasary stated that Utah Department of
Transportation (UDOT) has a good website that shows proposed projects
around the state.
Councilmember Derasary mentioned learning of a Waypoint Grant
July 12, 2016
Page 3 of 4
Page 9 of 88
funding opportunity that may help Tracy Reed with a possible restroom
at Anonymous Park.
City Recorder/Assistant City Manager Stenta mentioned that Mayor
Sakrison had asked her to mention a possible Minimum Wage for Full-
time City Employees. City Recorder/Assistant City Manager Stenta
stated that when the Salary Survey is complete we will have a better
idea of what the minimum wage might be.
There was no correspondence to be read.
Under Administrative Report, City Manager Davidson distributed a
written report.
Under Public Outreach Report, a written report was given by City
Manager Davidson.
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 $315,441.53. Councilmember Knuteson-Boyd
seconded the motion. The motion carried 5-0 aye, with Councilmembers
Bailey, Jones, Ershadi, Knuteson-Boyd and Derasary voting aye.
Mayor Pro-Tem Bailey adjourned the Regular Council Meeting at 8:21
PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
July 12, 2016
Page 4 of 4
READING OF
CORRESPONDENCE
ADMINISTRATIVE REPORT
PUBLIC OUTREACH REPORT
REPORT ON CITY/COUNTY
COOPERATION
APPROVAL OF BILLS
ADJOURNMENT
Page 10 of 88
/
/
A
MOAB CITY COUNCIL MEETING
August 9, 291E I
/
/
Agenda item
#5-1 and 7-1
PL-16-119
[Title: Public Hearing and Consideration of Approval of Ordinance #2o16-09 for an Annexation
Application of 1.54 Acres Located East of 400 East Street as Submitted by Brian Ballard, Sr.,
and J.J. Wang, with a Requested Zoning of R-3
Staff Presenter(s): Jeff Reinhart
Department: Planning and Zoning
Applicant: Brian Ballard, Sr. and J.J. Wang
Background/Summary:
The city received an application for annexation of two parcels located on the southeast corner of the
intersection of 400 East Street and Raspberry Drive/Lane. The total area of the proposed annexation
is approximately 1.54 acres (67,300 square feet) and the applicants are requesting that a zoning
designation of R-3, Multi -family Residential be applied so residential uses can be developed on the
property.
The requested R-3 does not constitute a "spot zone" in an annexation. It is a clean slate for
development and it is a policy decision by council. The zone is surrounded by residential and
agricultural uses, however, it is a Council decision whether or not to grant the requested zoning for
the property or assign another zone. The ability to request a zone during annexation allows changes in
development patterns.
The proposed area for annexation is part of a larger unincorporated "enclave" or "island" and there
are four of these islands within the city limits. This island is one of the largest of the group.
The Planning Commission discussed the application in a regular meeting on July 14, 2016. State law
and the annexation requirements in the MMC 1.32 were reviewed and subsequent to the discussion
the planning commission voted 3-0 to refer the annexation and the requested zoning of R-3, Multi-
family residential to the Council for approval.
Issues
State Code allows the partial or complete annexation of an island or peninsula. While the annexation
creates a peninsula within the unincorporated island, a partial annexation of the island is allowed if
the land is within the annexation area adopted by the city and the county does not object to the
annexation. (The attached review contains the appropriate Utah State Code sections.) Utah Code,
Title 10, Chapter 2 allows for the annexation of these enclaves in part or in whole without a petition if
certain criteria are met.
In this case, the city has received 1) A petition, and 2) the county does not object to the annexation.
Additional discussion is in the attached review.
Page 11 of 88
Options: The City Council can:
1. Approve the petition as submitted by the applicant with a zone of R-3 Multi -family
Residential;
2. Approve the petition and apply a different zone than the requested R-3 Zone;
3. Not approve the petition and state their reasons; or
4. Table the petition and request additional information.
Staff Recommendation: Staff recommends that Council adopt Ordinance #2016-09 approving the
annexation and the requested R-3 Zone.
Recommended Motion: I move to adopt Ordinance #2016-09 to approve the annexation of the
approximate 1.54 acres and approve the requested R-3 Zone.
Attachment(s)
Aerial
Copy of Certification
Policy Plan Review
Letter from Grand County Council
Ordinance #2016-09 w/legal description and annexation plat
Page 12 of 88
CERTIFICATION
I, Rachel Stenta, the duly appointed City Recorder, in and for the City of Moab, Grand County,
State of Utah, do hereby certify that attached Petition by Randy Day and J.J. Wang, meets the
annexation requirements outlined in Title 10-2-403(2) (3) and (4) of the Utah Code Annotated,
specifically:
1) That said petition contain the signatures of, if all the real property within the area
proposed for annexation is owned by a public entity other than the federal government,
the owners of all the publicly owned real property, or the owners of private real
property that:
i. is located within the area proposed for annexation;
ii. a. Subject to Subsection (3)(b)(ii)(C), covers a majority
of the private land area within the area proposed for annexation;
b. covers 100% of rural real property as that term is defined in Section 17B-
2a-1107 within the area proposed for annexation;
c. covers 100% of the private land area within the area proposed for
annexation, if the area is within an agriculture protection area created
under Title 17, Chapter 41, Agriculture and Industrial Protection Areas, or
a migratory bird production area created under Title 23, Chapter 28,
Migratory Bird Production Area; and
is equal in value to at least 1/3 of the value of all private real property within the
area proposed for annexation;
2) That said petition was accompanied by an accurate and recordable plat or map
prepared by a licensed surveyor of the area proposed for annexation;
3) That said petition was accompanied by a copy of the notice sent to affected entities and
a list of the affected entities to which notice was sent;
4) If the petition proposes the annexation of an area located in a county that is not the
county in which the proposed annexing municipality is located, be accompanied by a
copy of the resolution, required under Subsection 10-2-402(6), of the legislative body
of the county in which the area is located; and
5) Designate up to five of the signers of the petition as sponsors, one of whom shall be
designated as the contact sponsor, and indicate the mailing address of each sponsor;
and
6) That no previous petition for annexation has been filed which has not been denied,
rejected, or granted for the proposed annexation area;
IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Moab, this
26th day of May, 2016.
Rachel Stenta
City Recorder
Page 13 of 88
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ORDINANCE #2016-09
AN ORDINANCE OF THE GOVERNING BODY OF MOAB
ANNEXING THE WANG PROPERTIES TO THE CITY OF MOAB
WHEREAS, on April 11, 2016, the Moab governing body received a petition for
annexation of certain property approximately 1.54 acres in size as described in Exhibit
"1" hereto; and
WHEREAS, the property has been proposed for urban development as defined by
Utah State Law; and
WHEREAS, the landowners of the affected property have consented to and
petitioned for this annexation and the City Recorder on May 26, 2016, certified that the
application complies with applicable law; and
WHEREAS, the Moab Planning Commission reviewed the application in a public
meeting held on July 14, 2016 to review the requested zoning for R-3, Multi -Family
Residential Zone and found that the zone is acceptable for the creation of housing in the
area; and
WHEREAS, the City Council must consider comments from affected entities, if
any, and no notice of protest has been filed subsequent to the publication of notice of the
application, as required by law; and
WHEREAS, the City Council has determined that the property meets the
requirements of the City's annexation policy plan; and
WHEREAS, the City Council has determined that the property meets the
annexation requirements of Utah State Code; and
WHEREAS, the governing body has held the appropriate public hearings and
given the appropriate public notice and received public input.
NOW, THEREFORE, be it ordained by the governing body of the City of Moab
that:
The property known as the Wang Annexation as described in "Exhibit 1" and
illustrated on the attached plat, "Exhibit 2", and located at approximately 672 South 400
East is hereby annexed into the City of Moab and the zoning designation upon
recommendation from the Planning Commission for said annexation shall be R-3.
This ordinance shall take effect immediately upon passage and this ordinance
constitutes an amendment to the articles of incorporation for the City of Moab.
PASSED AND APPROVED THIS DAY OF , 2016.
Page 15 of 88
ATTEST:
Rachel Stenta
City Recorder
David L. Sakrison
Mayor
Page 16 of 88
EXHIBIT #1
HAPPY GREENLAND/WANG REZONE
A parcel of land within the Northwest Quarter of Section 7, Township 26 South,
Range 22 East, Salt Lake Base and Meridian, Grand County, Utah, being more
particularly described as follows:
Beginning at a point on the East right of way line of 400 East Street, said point being
South 765.5 feet and East 19.39 feet from the Northwest corner of said Section 7, and
running thence North 72.50 feet along said east right of way line of 400 East Street;
thence East 449.71 feet; thence South 355.50 feet; thence West 122.60 feet; thence
North 283.00 feet; thence West 327.11 feet to the point of beginning.
Contains 67,300 sq. ft. OR 1.54 acres
Page 17 of 88
Exhibit #2
--
NORTHWEST ��
CORNER
SECTION 7,
T265, R22E,
SLREkM
x
n
400 EAST STREET
1
r
EAST
15.39'
POINT OF
BEGINNING
OASIS OF BEARING
EAST
RASBERRY LN
ANNEXATION MAP
MOAB CITY, GRAND COUNTY, UTAH
NORTH CILIARTE
CORNER
SECTION 7,
TEES, 1422E,
SLUM
ANNEXATION DESCRIPTION
A parcel of land within the Northwest Quarter of Section 7, Township 26 South,
Range 22 East, Salt Lake Base and Meridian, Grand County, Utah, being more
particularly described as follows:
Beginning at a point on the East right of way line of 409 East Street, said point
being South 765.5 feet and East 19.39 feet from the Northwest corner of said
Section 7, and running thence North 72.56 feet along said east right of way Tine
of 460 East Street; thence East 449,71 feet; thence South 355.50 feet; thence
West 122.60 feet; thence North 28100 feet; thence West 327.11 feet to the
paint of beginning.
EAST 449.71' Contains 67,300 sq. ft. OR 1.54 acres
GRIFFITH. POWER, HOWARTH
02-0307-0062
WEST 327.11'
GRIFFITH
G2-007-0062
WANG
02-007-0659
GRAPHIC SCALE
40 G 29 40
1" (INCH' - 40' EFEET)
DALTON
02.007-D061
Z
4
z
ENGLEMAN
oa-1707-0148
ro
m
WEST 122.60'
Lucas Blake
License No. 7540504
APPROVED BY MOAB CITY
MAYOR
CITY RECORDER
CITY ENGINEER
CITY ATTORNEY
LOCATED IN THE NORTHWEST QUARTER OF
SECTION 7
TOWNSHIP 26 SOUTH, RANGE 22 EAST
SALT LAKE BASE AND MERIDIAN
ANNEXATION MAP
691 S 400 E
MOAB, UT 84532
APPROVED
APPROVED
APPROVED
APPROVED
Project 030-16
Dale 4/016
Page 18 of 88
srmi 0,
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171111 -
•111:t1 1.11i •
Moab City
Central Enclave
0 100 200 400
Feet
1 inch = 200 feet
Page 19 of 88
Moab City
Enclaves
Proposed
�- Day -Wang
Annexation
0 200 400
800
Feet
1 inch = 400 feet
Page 20 of 88
County
SLR-2
County
RR Zone
City of Moab
Planning Department
217 East Center Street
Moab, Utah 84532-2534
(435) 259-5129
Fax (435) 259-0600
Memorandum
To: Members of the Moab City Council
From: Jeff Reinhart, AICP, Planner
Date: April 27, 2016
Re: Wang Annexation Review
Mayor: David L. Sakrison
Council: Kyle Bailey
Rani Derasary
Heila Ershadi
Kalen Jones
Tawny Knuteson-Boyd
PL-16-120
Background
The sponsor of this 1.54-acre annexation is Brian Ballard Senior. The property area includes two
separate lots owned in some fashion by Mr. J.J. Wang. The western lot that runs parallel to Raspberry
Lane is under the name of Happy Greenland and is developed with an older single family home (log
cabin) and two structures have been
built on Mr. Wang's property. The
following exhibits indicate the lot
configuration and the existing
development on the properties.
As illustrated (left), the two lots create
an "L" shape within an area of county
jurisdiction surrounded on all sides
forming an island or "enclave". The
creation of islands and peninsulas is
prohibited in Utah State Law (10-2-402
(1)(b)(iii), UCA), these islands were
created many years ago prior to the
changes to state law. (See attached
Addendum for the complete state code
sections.)
While the annexation area creates a
peninsula to the east of the southern
extension of 709 S 400 E it is currently
enclosed within the unincorporated island. State Law allows for a part or whole of an island or peninsula
to be annexed if the area is within the proposed annexing municipality's expansion area and the county
does not object to the annexation.
Page 21 of 88
The property owners are requesting that a zoning designation of R-3, Multi family Residential Zone, be
applied to the properties in preparation of development of the lots with multi -family housing.
Day - Wang
Annexation
Vicinity
0 too 200
1 inch = 200 feet
400
Feet
Adjacent to the north of the lots, and approximately three hundred and twenty five feet south of Kiva
Drive, is a dirt track that is labeled "Raspberry Lane". This "street" is an undeveloped dedicated right-of-
way, fifty feet in width that extends a distance of 120 feet to the east of 400 East. This street section was
created with the Ballard Subdivision in 2001.
To the east, and beyond the 120 feet, "Raspberry Lane" becomes an "access easement" serving
additional residential uses. The full street width will be constructed as a requirement with a subdivision
or the development of the properties subject to this annexation.
Page 22 of 88
Evaluation
Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Day -Wang Annexation
and requires that each annexation be evaluated against several factors as discussed below.
a. Compliance with Appropriate Provisions of State Code
Applicable state code provisions have been reviewed and staff has determined that the annexation
complies with the relevant requirements, including but not limited to the following:
• The annexation must be contiguous to Moab City Limits. The properties are adjacent to
City Limits.
• The annexation must maintain contiguity through the entire area to be annexed.
• The annexation must not create islands or peninsulas of unincorporated county land.
• The annexation must be initiated by a petition that meets all state requirements- the
petition has been certified by the City Recorder to meet all state requirements.
The annexation must be included in the City's adopted Annexation Area.
These properties are part of an unincorporated island (enclave) that is clearly within the annexation area
as established by both the General Plan and the Annexation Policy Plan Map shown below (MMC
Chapter 1.32).
General Plan
Annexation
Area Boundary
Legend
General Plan Annexation Area (Ordnance 2008-23)
dillurrent Ody Limits
Ownership Parcels
05
t inch equals 9.5 miles
Miles
2
Page 23 of 88
The following table indicates the types of uses and their potential impacts on the surrounding residential
neighborhood if development occurs under county jurisdiction.
NC Zone -County (3.2.1)
R-3 Zone -City (17.48.020)
Upper -story residential
One -family dwellings
Community Services
Fences, walls, and hedges not over seven feet
Day Care, general
Customary household pets
Day care, limited
Public facilities and churches
College or University
Agriculture
All other government facilities
Temporary buildings and yards for construction
Places of worship
Home occupations
Telecommunications tower and facilities
Two-family dwellings
Utility substation CUP
Child day care centers/foster family care homes
Transmission facilities CUP
Apartment houses and other multiple dwellings
Major utilities CUP
Court apartments
Minor utilities
Boarding and rooming houses
Restaurant, general (not fast food)
Clubs and lodges (nonprofit
Theater
Secondary dwelling units (Chapter 17.69)
Office uses -All
Hotel/motel
Personal service
Sales oriented uses
Repair services, limited
Vehicle sales and service
Fruit and vegetable stand
b) Proposed Land Uses
While the properties have a county zoning designation of Neighborhood Commercial, the actual existing
residential land uses are single-family residential. This use will change to multi -family residential. The
proposal is for the Happy Greenland property to be developed with multi -family housing.
c) The Assessed Valuation of the Properties
Property
Use
Area
Total acres
Valuation
Happy Greenland
(Wang)
Res.
.55 ac
1.55
61,559
Wang
Res.
1.00 ac
595,568
d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements.
The City currently provides water to the proposed annexation. Grand Water and Sewer Service Agency
provides sanitation for the properties. Law enforcement will be provided by the city, and once the street
is constructed by the developer and accepted by the city, the city will provide maintenance.
Pre -annexation Agreements with the Petitioners will cover the provision of all services to the Wang
Annexation.
Water: Water service is currently provided by the City. The developer will pay to extend water lines into
the annexed property and impact fees and connection fees are due at the time of connection. All design
Page 24 of 88
and installation of water distribution systems are approved by the public works and engineering
departments and the city will own, manage, repair and maintain water service facilities.
Sanitary Sewer: Sewer service to the site is currently provided by GWSSA. Each developer will pay to
extend sewer throughout the annexation property. GWSSA will own, manage, repair and maintain the
sewer service system.
Onsite Roads: The developer will design onsite streets that comply with the construction design
standards for construction of public improvements. A Subdivision Improvements Agreement between
the developer and the City is required to be approved by City Council. Streets will be under the City's
authority.
Trails: Trails are not proposed for the area.
e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the
Annexation
Grand County has submitted a letter dated June 21, 2016, stating that the Grand County Council has no
objection to the petition to annex this property.
f) Potential land use contribution to the Achievement of the Goals and Policies of the City.
This criteria is difficult to address. Historically, residential uses do not contribute significantly to the
maintenance of infrastructure as do commercial developments because no additional revenue is
realized. This observation has been made by many local jurisdictions in efforts to justify annexing
commercial development for its increases in sales or property taxes while discouraging residential
annexations because it costs money to maintain the infrastructure with no direct cost offsets.
However, it must be recognized that residential uses provide dwelling space for consumers of goods
purchased from merchants in the commercial districts and the housing also provides homes for the
working population so the stores and services remain open to generate the much needed sales tax
revenue.
Some annexations are about management of development on fringe parcels so that development of
these properties will agree with the master plan and have the presentation that is desired by the fabric
of the community. This annexation may be more about managing the growth pattern of the area that is
similar to that on nearby tracts located in the city.
The proposed development of the tracts of land can potentially provide numerous housing options for
residents. The R-3 does not allow short term rentals and the Petitioners do not desire to pursue this use.
Development will be consistent with the General Plan and the regulations of the Moab Municipal Code
(MMC). This annexation is a part of a larger plan to provide housing on the north side of Raspberry Lane.
The housing will be an asset to the community.
g) Identification of any Special Districts or County Department Currently Providing Services.
• As noted above, GWSSA is currently providing sanitary sewer services to the properties that are
included in their service boundary.
• Grand County School District is a county -wide district for which there is no contemplated change
in level of service or responsibility because of the annexation.
• Moab Fire Department- This is also a county -wide district and there is no contemplated change
in service level or responsibility.
• Grand County Hospital Service District- This is a county -wide district and there is no
contemplated change in service level or responsibility.
Page 25 of 88
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