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HomeMy Public PortalAboutPKT-CC-2015-04-14Moab City Council April 14, 2015 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 184 Agenda Page 2 of 184 Community Meetings Apr 2015 (Mountain Time) Mon Tue Wed Thu Fri Sat 29 L 30 l 31 l 1 l 2 3 5:30pm - MMAD n l 5 7 110 l 11 2pm - USU Moab 4pm - GCWB @ 182 6pm - GCAB @ 125 E 3pm - Moab Valley 04pm - GC Council 5pm - KZMU Board 5:30pm - Old 12pm - Housing 6pm - GCPC @ 125 E 5:30pm - Grand 6pm - Thompson 7pm - Castle Valley 7pm - Moab City 7pm - Thompson 10am - GCHPC @ F12 03 114 [ 15 L16 [17 [18 12:30pm - GCCOA @ 7pm - GWSSA @ 530 12pm - Trail Mix @ 3pm - MATCAB @ 3:30pm - Grand 6pm - Grand County 6pm - Grand County 06:30pm - Moab 6pm - Grand County 6pm - Grand County 6:30pm - Castle 7pm - Grand Water l 19 l 20 l 21 l 22 l 23 [ 24 l 25 4pm - GC Council 6pm - GCPC @ 125 E 5:30pm - Canyonlan 7pm - Moab City [26 l 27 1 28 l 29 [ 30 [ 1 Page 3 of 184 MTPSC @ 125 E 6:30pm - Moab City _ City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, April 14, 2015 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 February 5 and 6, 2015 1-2 March 10, 2015 CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS AND PROCLAMATIONS 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for April 2015 for Helen M. Knight School 4-2 Presentation Regarding Toddler Gym by Audrey Graham of the South Eastern Utah Health Department Early Intervention Program 4-3 Proclamation of April 24, 2015 as Arbor Day in the City of Moab SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) None SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES Agenda 6-1 Approval of a Special Business Event License for Canyonlands Rodeo Parade to Conduct a Parade on June 6, 2015 6-2 Approval of a Special Business Event License for Cruise Moab 2015, Located at 1372 North Highway 191 to Conduct a 4-Wheel Drive Event from April 29 to May 3, 2015 6-3 Rockwell Relay— Moab to St. George Annual Road Bicycle Relay Race on June 11 and 12, 2015 6-3.1 Approval of a Special Business Event License for Rockwell Relay Located at Swanny City Park Pa e of 1 6-3.2 Appraa4 l of a 84 Special Use of Swanny City Park by Rockwell Relay 6-4 League of Women Voters of Utah — Convention Reception Located at the Grand Center, May 15, 2015 6-4.1 Approval of a Special Business Event License Application for the League of Women Voters to Conduct a Convention Reception at the Grand Center 6-4.2 Approval of a Class IV Retail Beer License for Eve Tallman, d.b.a. League of Women Voters 6-4.3 Approval of Local Consent for a Single Event Permit for Eve Tallman on Behalf of the League of Women Voters 6-5 Approval of a Private Property Food Vendor License for Dwight Johnston, d.b.a. Popcorn Wagon Located at 331 North Main Street to Conduct a Kettle Corn Stand, April 15 to November 15, 2015 6-6 Approval of a Private Property Food Vendor License for Dustin Steele, d.b.a. Steel Sun Fun Company Located at 83 South Main Street to Conduct a Shaved Ice Business, April 15 to September 31, 2015 SECTION 7: NEW BUSINESS 7-1 Approval of Amplified Music at Old City Park for MacArthur Lloyd on May 9, 2015 7-2 Approval of Donation of Stolen and Abandoned Bikes to the Grand County School District 7-3 Approval of a Recreational Trails Program Grant Application 7-4 Approval of Proposed Resolution #14-2015 — A Resolution Approving the Subdivision Improvements and Development Agreement and Conditionally Approving the Final Plats for the "Entrada at Moab" Master Planned Development Phases 1-3 on Property Located at 600 West 400 North in the C-2 Zoning District 7-5 Approval of Proposed Ordinance #2015-04 to Amend Chapter 17.65, MPD Master Planned Developments by Removing the Development Regulations from Specific Zones 7-6 Approval of the Revised Recreation Assistant Job Description 7-7 Approval of Proposed Resolution #11-2015 — A Resolution Approving a Cooperative Agreement Between the Utah Division of Water Rights and the City of Moab 7-8 Discussion Regarding the Cinema Court Trail 7-9 Discussion Regarding the Future 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 5 of 184 MOAB CITY COUNCIL REGULAR MEETING February 5 & 6, 2015 Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 9:00 AM. In attendance were Councilmembers Doug McElhaney, Kirstin Peterson, Kyle Bailey, Heila Ershadi and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Treasurer Jennie Ross, Planning Director Jeff Reinhart, Community Development Director David Olsen, Public Works Director Jeff Foster, Administrative Assistant Carmella Galley, Facilities Supervisor Chace Gholson, Administrative Analyst/Economic Development Coordinator Kenneth F. Davey, Recreation Coordinator Chad Wright, Moab Recreation and Aquatic Center Director Terry Lewis, Aquatic Manager Patrick Baril, Film Commission Director Tara Penner, Police Chief Michael Navarre, Police Sergeant Steve Ross, Police Officer Craig Shumway, Assistant Engineer Eric Johanson, Moab Art and Recreation Center Assistant Liz Holland, Police Administrative Assistant Cindy Montague, Acting Streets Superintendent Jeff Galley, Police Officer Shaun Hansen, Water Service Worker Levi Jones, Acting Parks Superintendent Mike Huts, Safety Specialist David Mcllrath, Building Inspector Jeff Whitney and County Administrator Ruth Dillon. The purpose of the Special Meeting was a Visioning Workshop between Elected Officials and City Departments. City Manager Metzler made a brief presentation. Each Department then presented their goals for 2015. Discussion followed amongst City Staff and City Councilmembers. Mayor Sakrison recessed the Special Meeting at 2:45 PM. Mayor Sakrison reconvened the Special Meeting on February 6, 2015 at 9:00 AM. A roundtable discussion was conducted regarding top goals for the upcoming year. Discussion followed. SPECIAL MEETING & ATTENDANCE PURPOSE OF SPECIAL MEETING DISCUSSION REGARDING VISIONING MEETING RECESSED MEETING RECONVENED DISCUSSION CONTINUED Mayor Sakrison adjourned the Special Meeting at 11:00 AM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Mayor February 12 & 13, 2014 Rachel E. Stenta City Recorder/Asst. City Mgr. Agenda Page 1 of 1 Page 6 of 184 MOAB CITY COUNCIL REGULAR MEETING March 10, 2015 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 L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey and Kirstin Peterson. Also in attendance were Interim City Manager Rachel Stenta, Deputy City Recorder Danielle Guerrero, City Treasurer Jennie Ross, Police Chief Mike Navarre, Public Works Director Jeff Foster, Community Development Director David Olsen, Engineering Assistant Eric Johanson and City Attorney Chris McAnany. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Eleven (11) members of the audience and media were present. Councilmember Peterson moved to approve the minutes of January 13, 2015. Councilmember Stucki seconded the motion. The motion passed 5-0 aye. There were no Citizens to be heard. REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD A Community Development Department Update was not given. COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE A Planning Department Update was not given. PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE Under Engineering Department Update, Engineering Assistant Eric Johanson gave an updated progress report on the 500 West project. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Jeff Foster gave an update on the Lions Park project and the 500 West project. Mayor Sakrison presented the Mayor's Student Citizenship of the Month SUTDENT OF THE MONTH Award for March 2015 for Helen M. Knight School to Khloe Frandson. Councilmember Bailey moved to approve a Special Event Business License, Special Use of City Park Permit, Park Alcohol Permit for Swanny January 13, 2015 SPECIAL EVENT LICENSE, SPECIAL USE OF CITY PARK, PARK ALCOHOL PERMIT, CLASS Agenda Page 1 of 4 Page 7 of 184 City Park, Class IV Beer License and Local Consent for TransRockies US LP for a Mountain Bike Stage Race and Social Event Located at Swanny City Park, October 9-12, 2015 with conditions. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Class III Beer License for Debra Hren d.b.a T & H Corner Shop, Located at 495 W 400 N. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve a Special Event License for Moab Jeep Safari "Jeep Enthusiast Event", Located at 132 N Main Street on March 30, 2015 to April 3, 2015. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Proposed Resolution #8- 2015 — A Resolution Amending the Fiscal Year 2014-2015 Budget. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve amplified music for Laura Brown on September 7, 2015 at 2:00 PM at Old City Park. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Task Order 380.03.100 with Hansen, Allen and Luce, Incorporated for the Walnut Lane storm drain line sizing in the amount not to exceed $3,400. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the Revised Police Lieutenant Job Description. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi move to approve Resolution #10-2015 — A Resolution approving a two -lot minor subdivision for property located in the R-3 Zone and owned by Ranna Bieschke. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Task Order authorizing additional work on the Moab City Sewer Impact Fee Study by Horrocks Engineers in an amount not to exceed $15,488.00. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. January 13, 2015 IV BEER LICENSE AND LOCAL CONSENT APPROVED CLASS III BEER LICENSE APPROVED SPECIAL EVENT LICENSE APPROVED RESOLUTION #8-2015 APPROVED AMPLIFIED MUSIC APPROVED TASK ORDER 380.03.100 APPROVED REVISED LIEUTENANT JOB DESCRIPTION APPROVED RESOLUTION #10-2015 APPROVED TASK ORDER APPROVED Agenda Page 2 of 4 Page 8 of 184 Under Mayor and Council Reports, Councilmember Ershadi stated she had attended the Conservation District meeting and had given a presentation on gray water. Councilmember Ershadi stated that on March 15th from 4:30 to 8:30, Canyonlands by Night would be giving a presentation on Ecological Restoration. Councilmember Peterson stated that the County has maps that show water shed boundaries and that she had attended the Outdoor Recreation Summit. Mayor Sakrison gave an update on the Legislative session. Councilmember Stucki stated he had attended a presentation at Star Hall about the value of public lands. Councilmember Bailey stated the Hospital Audit showed 192 days of cash on hand and that the target was 200 and that the Hospital received an "A". There was no Correspondence to be Read. Under Administrative Reports, Interim City Manager Stenta stated that staff were very busy and that all departments were helpful during the budget process that was moving along. Mrs. Stenta stated that the City Engineer positon was being posted at the agreed upon salary and that the Police Lieutenant job would be posted in house. Mrs. Stenta stated a lot of Special Event Applications were coming in and that a lot of them are repeat events. Mrs. Stenta reminded City Council and Staff of the upcoming Health Fair on March 19th and encouraged attendance. No Report was given on City/County Cooperation. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $423,247.86. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to enter into Executive Session to discuss pending or reasonably Imminent Litigation and the character, professional competence, or physical or mental health of an individual. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Executive Session entered at 7:42 PM. January 13, 2015 MAYOR AND COUNCIL REPORTS READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS EXECUTIVE SESSION Agenda Page 3 of 4 Page 9 of 184 Councilmember Peterson moved to exit the Executive Session. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Table the approval of Resolution #11-2015 — A Resolution Approving the City Manager Contract. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 9:09 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder January 13, 2015 RESOLUTION #11-2015 TABLED ADJOURNMENT Agenda Page 4 of 4 Page 10 of 184 CITY OF MOAB ARBOR DAY APRIL 25, 2014 WHEREAS, in 1872, a Sterling Morton, the Pundep of Arbor Paij, proposed that a special day be set aside 6-of the planting of trees; and WHEREAS, trees reduce erosion, cut heating and coop costs, produce oxygen, provide food and atildlite habitat, increase propertg values and beautitiy our coma/an/0, and WHEREAS, the Mayor of Moab invites the community to participate in a tree planting event on /2,1'4, April 25, 20M at noon to plant trees at Rotary Park; NOW THEREFORE /, DAIS/D L, SAHR/SON, MAYOR OF THE 0/7Y OF MOAB, DO HEREBY PROCLA/M APR/L 2015 AS ARBOR DAY /N MOAB, UTAH AND URNEALL C/T/ZENS TO SUPPORT EFFORTS TO PLANT AND CARE FOR TREES divorr,Pa` .L. gal/vim April 14, 2015 April 14, 2015 Page 11 of 184 MOAB CITY COUNCIL MEETING April 14, 2015 Agenda item #: 6-1 Title: Approval of a Special Event License for Canyonlands PRCA Rodeo Club to Conduct a Parade on June 6, 2015 and consideration of a Request of a Fee Waiver for the Canyonlands Rodeo Committee Fiscal Impact: $285.00 Staff Presenter(s): N/A Department: Special Events Applicant: Canyonlands Rodeo Committee Background/Summary: Staff have reviewed the Special Event License for the Rodeo Parade. The parade is an annual event with minimal impact. The applicant will coordinate the parade route and traffic control with the Police Department. The Rodeo Committee have also requested a waiver/refund of their Banner Permit fees ($195) and their Special Event Fee ($90). A copy of the fee waiver policy is attached. 1 Options: Approve, Approve with conditions, Deny or postpone Staff Recommendation: Approval of the Special Event License. Attachment(s): Application and Letter from Canyonlands Rodeo Commitee Agenda Page 12 of 184 DATE PAID: AMOUNT PAID: RECEIPT NO.: 90a° 1 y8s9 o CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPUCAT1ON 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT ($80): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY.) TOTAL FEES: $ c4Q,00 LICENSE #: r ZONE: f NAME OF EVENT: 0, DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Panad.Q., TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED# OF EVENT PARTICIPANT ,u to, 2.N5 q Arri gork TYPES OF VENDORS PARTICIPATING IN EVENT: co am 111110 NUMBER OF VENDORS PARTICIPATING: o. EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Ln of-AQJ EVENT SPONSOR'S NAME: cnnQnri,c1) PKR BcriQo PHONE: F JS)L- (QE] [ ' a1-k4 SPONSOR'S ADDRESS: PO- �iiOX t (OS CITY: (rcy-1] STATE: 01- ZIP: 8(..I.C132 SPONSOR'S DRIVER LICENSE NUMBER R STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: TYPE OF ORGANIZATION:O PROPRIETORSHIP ❑ PARTNERSHIP O CORPORATION EVENT SPONSOR'S SALES TAX ID #: ElfOTHER (SPECIFY): NAME REGISTERED wITH THE STATE FOR TAX ID: t\trr7 Rr> ) 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 ALICENSE WILL BE DELAYED. INVE p11 -(k 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. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE ATO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Li �, 1 � SigIt oT Sponsor State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARUBLIC /? (%'-rla)` t Q t �� s day of /1// , a-DJr: JENNIE BOSS ." Notary Public 1 State of Utah �[\-_- Comm. No. 661521 My Comm. Expires Dec II, 2016 0 SEE BACK OF FORM FOR AD170 Al. . Agenda Page 13 of 184 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 O DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO O YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: L Agenda Page 14 of 184 07/01/05 CITY of MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX_ (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: pgsT1k16i n 29b ❑ YES tidi No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 17PNo 12c-Q�.) GI�C� COUtaCtL ATFOAl. REVIEWED BY ZONING ADMINISTRATOR: DATE: go • 1 NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: ruruu'7nQrzfrurin PRO) k ocLro PRONE: 8ni - lQBr. - cty84 P.n. Cox Ii0E) CITY: (Y1oQa) STATE: `y ; LP: SAS g)_.. {� NAME OE EVENT: RC{iQo Pakaci ? } i r' L LOCATION OF EVENT: &pp, l p z��Ry Par, i _ [�y Crn ,03,6±Qa� 0 ` � C21 d'un [AIL,. ep.c,C9pci zaNE: RI- 6pc-ut p ,ANENT 1_ ki p _ DETAILED DESCRIPTION OF SPECIAL EVENT: pp,lciaQ, _ 8.).„„ `_, ;.,4-.) ak, c : co p fn 10 • 00 air) p\o Chi Ld. off, an q & ? 0,3 p[pp,n (7Q Li ,h ou.k_QJ �� Agenda Page 15 of 184 06/16/05 Canyonlands PRCA Rodeo Club P.O. Box 1105 Moab, UT 84532 in fo@I IoabCanyonlandsRodeo.corn PRCA Rodeo March 19, 2015 City of Moab 217 East Center St. Moab, UT 84532 Dear City Council Members: 1 am writing on behalf of the Canyonlands PRCA Rodeo Club, requesting you consider waiving the fees normally associated for both the Rodeo Parade being held on June 6, 2015 and the banners being hung on Main Street. The Canyonlands PRCA Rodeo Event is sponsored in part by Grand County and the Grand County Recreation Board. This event provides family entertainment to Moab City and Grand County residents as well as visitors to our area. Thank you for your consideration. Sincerely, .�. ��.s2_54' Marsha Leota Canyonlands PRCA Rodeo Club Executive Secretary Agenda Page 16 of 184 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 14, 2015 Agenda item #: 6-2 Title: Special Event License for Cruise Moab 2015 on April 29 to May 3, 2015 Fiscal Impact: Minimal Staff Presenter(s): Danielle Guerrero, Deputy City Recorder Department: Administration Applicant: Cruise Moab 2015 Background/Summary: The Special Events Committee has reviewed the application and supporting material and recommends approval of the event. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Business Events License as presented. Recommendpd Motions! "I move to approve" Attachment(s): Special Business Event License Application Supplementary material submitted by the applicant Agenda Page 17 of 184 DATE PAID: i -2 3 -15 w AMOUNT PAID: 461 0 .� j'� RECEIPT NO.: 1141 {`i V ✓ Clrr 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): ® TRANsiENT (590): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 1M. a S190.1ra RC NAME OF WENT: (.71,il r -r DESCRIPTION OF EVENT: `/ r LOCATION OF EVENT: / 3'7 1 A,' PREMISES TO BE USED: / 3 rI .' A% TEMPORARY STRUCTURES TO BE USED (IF ANY): Art. 1-057 /9/ rf l_fc�� i4 rt `" /9/ rb- .-q vr_i�17G; ,u.T/rrtrf �511i1/i1 JF.�i✓/1, DATE(S) AND TIME(S) OF EVENT: f 1 EC; f 7/7,4- rjoi Eka-l/ { i�r/. 1' /?r%J-,. ? %ram/ .. ,f--05 r=iv0s /nA Y 3. G-j-pl 0tRf o ANTICIPATED i1 OF EVENT PARTICIPANTS: L. C S:) TA, 4,4, .74` c NUMBER OF VENDORS PARTICIPATING: �f %�%1Q ]i /.S - i O 71.2J TYPES OF VENDORS PARTICIPATING IN EVENT: (/ri PDA'l,3 441, .(` F/ P1/1-9/, P! C 6-ar.N95 Se-k v > �� 5' /& C,4 /59 TO 7/4/7 it, e V A/ EXPLAIN FEES GENERATED SY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): F� 5' (rr�i �t/ia r/;� ._.P a sic aTra y YE it 47 rA• C j} /v 1,-.7 EVENT SPONSOR'S NAME: IllsSt:',k/ 'i WA671- G1 = f_i� SPONSOR'SADDRESS: 113(TS ���'/ "7.5" SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: PHONE: CITY: cfC!) STATE: �C' ZIP: ,9C /..)/ DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP LO PARTNERSHIP 0 CORPORATION MOTHER (SPECIFY): `'/ c,v/f!_ (%L' EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: PA23 r = THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. 1T 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. UWE PLEASE PRINT NAMEIR 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. ONE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPoNSOR)y I � • GREE TO FILE THE PROPER REPORTS WITH THE STATE Or UTAI L A HEREBY AGREE TO CONDUCT SAID DUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY t anaar 3/05- State oflekFeFr ) CotoR.ADO ) SS County of.aFaftd )7efF'E1-54AI '[Lt SUBCRIBED AND SWORN to before me this rl clay of IA Q-CIrt 2D15. NOTARY PUBLIC ALEXANDER PATRICK MOORS NOTARY PUBLIC STATE: OF COLORADO NOTARY ID 20144010109 MY COMMISSION EXPIRES MARCH 05, 2018 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Agenda Page 18 of 184 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: 07/01/05 Agenda Page 19 of 184 Cruise Moab 2015 For our "Cruise Moab" 2015 event, most of our participants will stay at Slick Rock Campground. We therefore received permission from the owner of the back lot at 1372 N. Highway 191 (south of the campground) to use it for our event. The following activities are planned: Tech Inspection Registration/Checkin Event merchandise sales A Vendor night gathering A Raffle/Dinner Vehicle recovery and Safety demonstration We plan to have a 40' x 100' tent erected on the site (see attached site plan), and the porta potties delivered on Tuesday April 28th. We will also erect a 10' x 10' tent for tech inspections. 4/29 - The Tech inspection, Registration, Check in, and Event Merchandise sales. 4/30 - Late Registration and Tech inspection early in the morning, prior to the guided trail rides. Cruise Moab merchandise sales will be available during the day. - We will have a Vendor night in the evening, where registered Vendors will setup to display and sell merchandise. 5/1- Late Registration and Tech inspection prior to the guided trail rides. Cruise Moab merchandise sales will be available during the day. - In the eveningwe have planned our Raffle and Dinner catered by Nick Clayton (affiliated with the "Sunset Grill"). 5/2 - Very late Registration and Tech inspection prior to the guided trail rides. 5/3 — Event cleanup. The Porta potties and Large tent will be removed by the vendors early the week of May 4th. Sales Tax Licenses: The State of Utah is sending us 20 Tax Licenses to assign to Vendors. We were instructed to assign a license for this event to each vendor, and provide a list to the State of which license was assigned to each vendor. We do not have the exact License numbers to provide on the permit application at this time. List of Vendors: We have Several Vendors such as Slee Offroad, Cruiser outfitters, and Gamaviti that want to participate in Vendor night. We will provide the full list to the city the Week before the event. Health Department: We spoke to Orion Rogers from the health department ,and explained we do not plan to have any Food vendors. We only plan to have a dinner catered by Nick Clayton ( affiliated with Sunset Grill) on Friday night. He indicated this should not be a problem, and indicated he would sign off on the permit if needed. Agenda Page 20 of 184 Cruise Moab 2015 Fee Explanation: We limit our Cruise Moab event to an absolute max of 200 Registered Drivers (vehicles). Most years we see the number of registrants at approx 180 or less registered drivers. Registration occurs prior to the event via our online website Base registration is $175 per Driver (Vehicle). This includes the following for each participant: Guided trail rides on trails permitted through the BLM, State of Utah School and Institutional Trust Lands Administration, and National Park Service. 1 dinner for Friday night 1 T-shirt. During online registration, the pre-order/purchase of additional Dinners, and Cruise Moab merchandise (t-shirts, hoodies, hats, stickers, ect) are available. At the Event: Registrations will be available for purchase at the event for any spots not yet filled. - A limited number of additional dinners will be available for purchase by family and passengers (not to exceed our limit of 300 dinners ). Cruise Moab Merchandise will be available for purchase (t-shirts, hoodies, hats, stickers, ect). - Raffle tickets will be available for purchase, for our Friday night raffle. Additional Fees/passes: - Additional fees for BLM are collected per passenger, per day, as part of our permit agreement. - A valid park pass is required for some trails. Participants are responsible for acquiring one at their own expense if needed. Agenda Page 21 of 184 1 49/-efot-i • ; ; <---117°6944!")!: .24.791. .4,2 els litvi • , I 171'14 .„ 5 ti • d • 1 611 ;fla - f:nyS4q,rt ?wt1 141Mf19‘A-L" , ; 1 .,. ' ' ':. i ; i I 1 _ ; '+ i4SPIL I i 0.1 )fai .,T I 41_.. 1 ',i)9:71- (- , -,,! ' )7 ' 4 V di , , 1.,..._ I, ', 1 . .1 1. 1 I 1._ j , , i.. , 1 , , , , i i ._ ... 1. 1 , ( 1 t 1 1 ._ ; t 1 , , i I t t , ••• . , ....•.• • • . . ,. .i. qq./10t1! Q -4i43?itA A 1 1 i . t-tri , .. ,,,!, pao°pvof -184�-__-- cv -a a) a) 10:29 3037344902 (FAX)3037344902 P.0071007 1 MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM APPLICANTS MAILING ADDRESS: 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 2594135 FOR ZONING OFFICE USE ONLY PARKING: F/\/(1s1I N� ' V t V1 MOAB CITY CODE: n Av SIGN PERMIT: ��+ l MOVED -ON NECESSARY: YES o REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 0 12Mi leg G i-rf (oONICr , AFP1M, REVIEWED BY ZONING 1191 i� }T ADMINISTRATOR: ✓✓ j �"E r� o10HATlIAE DATE: .... Jr, . ;. __.a.a-WACNKIEW~r-r....�......� iZt LNG .idry `/ Obere- V-114 - Ci f/ig PHONE: ,2 D :1-.2 512- ?, r2 2 pia Box .260 173' CITr: L.AKEt ooi) STATE: Cd ZIP: NAME OF EVENT: Cgil TSE MOAL/2 20/3- LOCATION OF DENT: 844k c a T 47- 1.3 7,2 N 9/ zoNE: f-e) DETAILED DESCRIPTION OF SPECIAL EVENT: [/ cvAl- E4 D VE JO- QN TRAZZ. S (1 y 7»,5 Stm, e,A'r,raw V61-1-rei-e Avo -rid ,z'NsfecT_TekitSv Reersrm-rredi A veffam Aefri9 i CrrtiiRSP4 .4 RAp`Le OxNNq,„R V7410i1V Adc)47). 6u11 4,Z1/ 414, SI_"41 T-J'AIr4S,3" l46p04-A=-1) hNv orMrR lE vEEArr l r,4CNAN DZSh 06116/05 Agenda Page 23 of 184 MOAB CITY COUNCIL MEET April 14, 2o15 Agenda ltem #: 6-3 NG Title: Special Event Business License and Special Use of City Parks for Rockwell Relay Fiscal Impact: Law Enforcement and Other City Services are needed to support this event; costs are budgeted for. Staff Presenter(s): Danielle Guerrero, Deputy City Recorder Department: Administration Applicant: NA Background/Summary: This event is an annual event, held in Moab since 2010. It is a bicycle relay that runs from Swanny Park and ends in St. George. The event dates are June 11 and June 12. A very small portion of the park is used. The City Special Event Committee has reviewed all of the application materials and finds them all to be acceptable. This event is run very professionally and has posed no problems in the past. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommend approval of the licenses and permits, subject to all park policies and continued coordination with the Moab Police Department. Recommended Motions: (1) " I move to approve the Special Event Business License for Rockwell Relay with the condition listed in the staff recommendation." (2) "I move to approve the Special Use of City Parks for Rockwell Relay with the condition listed in the staff recommendation." Attachment(s): Application materials Agenda Page 24 of 184 DATE PAID: AMOUNT PAID: RECEIPT NO-: 36/75 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH $4532 (435) 259-5121 i FAX (435) 259-4135 PLEASE MAKBCHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $200.00 PLUS (CHECK ONE): 10. TRANSIENT OM). OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: C;IVA ?lb.� ZONE: k eS NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO SE USED: e_s)440e.lt P-4?kan t-k-t4d,o )•‘-, (aear,Sq__, isOttruu.k..\ dL2 GLiGte_. i�t' 'E'er[, `3k.Y-kv.5 Gtk StAlcrri 51A)4 .*te;c1+-4.2.4-S-k- (.' or-ViN. lr -f7tr n..er-s TEMPORARY STRUCTURES TO BE USED OF ANY): ii>r4 LA.lb }C ) O lit #nitspi vs (GAbk.• ix3) r--L;kickez I Cug:4 \4s, , '5+2 - ) ( e i["C4.1,- DATES) AND TIME(S) OF EVENT: --11-40( � LA.n.E ! ) 'j . IX? - $ •tab 'VA (te-k v A' ,? - fl#5� I -'(l G'/4,1-C Ca. Cog Nik.r yviZsr- ANTICIPATED # OF EVENT PARTICIPANTS: lob -- 'z2622:j E'&4'4 "rIt NUMBER OF VENDORS PARTICIPATING: r\oi\-e. --e4c ork TYPES OF VENDORS PARTICIPATING IN EVENT: SA.Y1,4.-44+.¢_, EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): ^S �(Aw h CGS {3�1 45-)N Ef v1 EVENT SPONSORS NAME: ROG�k)e.1t fLettz , 1�. �,,{,� ��e4.* SPONSOR'S ADDRESS: -j•S9 � ra au,40"�� CITY: a, f a► 2 6,('[ . STATE: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: s 3 SPONSOR'S SOCIAL SECURITY NUMBER: _ftpase, TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP (/CORPORATION ❑OTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: QpC-le-We-R i hU PHONE: ?st/ 1- btt 1 ZIP: DATE OF BIRTH: 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 FRET OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OAF.A LICENSE WILL BE DELAYED. IANE 13 r 11� i{�" HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH 11iE MOAB CITY PLEASE PRINT NAAAE(S} BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE 1S NON -TRANSFERABLE AND VALID ONLY FOR THE AFIOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah Signature or Sponsor Data ) SS County of Grand ) SUBCRIBED AND SWORN to before me this RJrb NOTARY PUBLIC day of l'Attrc h I NOTARY PUBLIC KATRINA ROBINSON 690977 COMMISSION EXPIRES . DECEMBER 31, 2019 STATE OF UTAH SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! cC C En a Page 25 of 184 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE), ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Pa4:(42.- Sl-e,u.w�k Iutler 50r vn�s LICENSE APPROVALS CITY STAFF In APPROVED © DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED Cl NO ❑ YES AGENDA DATE: ❑ APPROVED © DISAPPROVED REASON (S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Page 26 of 184 07/01/05 Agenda 178 I. )o LZ abed 5.09.030 Sales Tax Collection. SPECIAL. BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: ROCKWELL RELAY: MOAB TO ST. GEORGE DATE(S) OF EVENT: JUNE 11 & 12, 2015 BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID ROCKWELL. RELAY, INC DAN STEWART 111 W 200 S, FARMINGTON, UT 84025 801-809-0085 T-SHIRTS, BIKE JERSEYS AND SHORTS, HATS 12811884-003 STC XXX az) 09/08/03 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E; CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE. ONLY PARKING: MOAB CITY CODE: 11- 01 SIGN PERMIT: FE UI �i OVED-ON NECESSARY: ❑ YES *NIQ REQUIRES PLANNING COMMISSION APPROVAL ❑ YES 101 No MO1CIS coun�ALAPRON REVIEWED BY ZONING ADMINISTRATOR; DATE: 3 . JV ' E .. NAME OF APPLICANT: ANITA STEWART PHONE: 801-80g-0083 B APPLICANTS MAILING ADDRESS: 3596 S 2640 E CITY: ST. GEORGE STATE: UT ZIP: 84790 i NAME OF EVENT: ROCKWELL DELAY: MOAB TO ST. GEORGE i. LOCATION OF EVENT: SWANNY PARK, SOUTHEAST CORNER cr.s+rky,,- a -p�di .�� �,Q.,��- G�.,� - ZONE: �� � SP�� I�� �1T � DETAILED DESCRIPTION OF SPECIAL EVENT: PISIO1k4A. r � � ��� � (P41%- �12-lei . �� � L cle.k � ��� Ye<zl1 r Jr- S x .� e (554m, 01. w Imo, st i . Lsl-, Awl t91.)6.a..1�� _ t < C 4i Y h Cke-,V 41[,14(3 "11,MX ��c .. (t qk l trvl hc,,%.e t� otiveC* I Atso"; . rY.sr> - Y _ a� wig,- �a v 1 1 )`k ,. ll -As.IA . ttY\c- v,se-d iC-N-im `0,6,0s 6Aeo.vm. tu>t.� 1 '"r4 Me, . _ klP.( NiVhccg'e, It_S 11ti Viol- cie(44 . MU. GBgrGtttycte..... .'1(07"40-S _ �J �i[� G>�n.c� „Q.�[�YL' �.c�t �tilti.�., �-'t4-4-[V 06/16/05 Page 28 of 184 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: P4f1-i.�, S. e,24J4,0- Name of Organization and Event if applicable: we A }0.e.kedi : -}o Sk". (ne-bltV Address: -((0/1-0 I • f-1-1 enf ea (Al- 544-4.-19 Day Phone: `ZU1- Q6t:PV- ci)R-D3 Email: cbrrn 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- (*I [l 1 4� Start Time" -:m am/End Time- 6\ Cb amC) Proposed End Date' 4—f PI IS Start Time: Cci-zi) Cypm End Time- VLDurNam/pm Please specify what areas of the park are proposed for use. For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of ail structures and facilities. Number of participants you expect. 115r) Number of spectators that you expect: ITO l Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Will amplification be required for your event? Yes V No -2(frrvaL i->gs46--rY1 Please specify any electrical needs for your event: G�004 t -2) tfi,ri t.c)k5, � t \1 1 Y 4 l Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. 944-14,4-Ir c_V-- 5.-baik- C0,4_ a.v"e_. besA-1-, ekv f; t we • ll%tl tiJ I AS 1� if you anticipate any street closures for your event, please de'ribe below, and show on the accompanying diagram. N� cEoStA-1CR--' . C" \cIi,43-AZ, ,It a(40-•-p' . 501t i`k On. kW/ k ;1),1 µv�b PLEASE COMPLETE OTHER SIDE Page 29 of 184 Do you intend for the park to be open to the public during your event? Yes v No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No `/ For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: N� Pla.rtr�v� For groups over 100 people, please describe your refuse control and recycling plan: 1.04- `a-14.1)0. Tikeht,&, cooy, wtIt reAvw-e r�tt Div-rr�s ��r ,2 Plea�sse, describe your clean-up plan during and after the event: V C Q/1' 6)4--+ (In-a7..ch 41( ,(10�z19._ -(-t(.t_ft-1 0-C • Please describe your restroom facility plan: 'YX.YJA G j fl4� G.Lr Imrk' �� ear � � �6Yt� G �At i -CC. o � A.-- �.aL - r1il �t• l t P� • 1 Other information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: El -e_Yc ��a� �rit�s np.� ,p,4"-4%••Y131- -4"-� Cb 1,--WkEl . i-k4 G (ACE{ 114S-aciu.cel - D it laAb -4Ln, 4ke _Qu a1 • N\p ..,(ti Please specify and describe other community or city facilities that you plan to use: tt3'4tR Cktt Niavare- (d:s>j fo4ct./,c5cark I s i)rls- kl2Frs- Have you applied for a Special Event Permit for this use? Yes v No s•oN,...k. teks r, `ut�e( nnm -hll "Fri Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No lrt.� 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 �R Public Works Review: Police Department Review: Park Use Fee- Date Fee Paid: Date of City Council Approval: Insurance Received' Final Set up Diagram Received - Special Conditions or Requirements: Administrative Review. Other Required Permits and Approvals Page 30 of 184 G C� V a .cs � � m 6 Covered picnic Tables SwanryPark f� 4'00North Street Aquatic Center Outdoor _ Swimming Fools ;morns -u Playground n 3 Picnic Tables \> n n \ n �r Park Drive Q rn l O 1 100 50 0 100 i 200 SCALE 1" = 100' FEET To Main St. One Block ca a Page 31 of 184 AR ® CERTIFICATE OF LIABILITY INSURANCE 3DATE /11/2©1rr5 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Trustc0, Inc. 2063 East 3900 South Salt Lake City UT 84124-1760 CONTACT AME CT Natalie Roveta H NN .Exn (801)278-5341. f�C,Nink(BOl)278-9051 ADosEss:--taller@trustcoinc.com INSURERS} AFFORDING COVERAGE NAIC # INSURER A;A.T.A.IN Specialty Ins Co 17159 INSURED Rockwell Relay Inc 111 West 200 Sough Farmington UT 84025 INSURER a : tNSURERC: INSURER O: INSURER E INSURER F: NUMBER:2015 - GL THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1� SR TYPE OF INSURANCE ADDL tNSR SU9R W}ID POLICY NUMBER POLICY EFF (MM/DDNYYYI POLICY EXP {MM/DD/YYYYL LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CIP246442 6/11/2015 6/14/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISES fEa occurrence} S 100 , 004 CLAIMS -MADE OCCUR MED EXP. (Any one person) $ 5,000 _X PERSONAL a ADV INJURY S 1, 000 , 000 GENERAL AGGREGATE 5 3,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: PRO. .1FfT i i LOC PRODUCTS - COMP/OP AGG S 2,000,000 $ AUTOMOBILE LIABILITY SCHEDULED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) = $ UMBRELLA MB EXCESS LIAR O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE 5 MD RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatary In NHj It yes, deocnbe under YfN � NIA I lh'C STATU- ITORYLIMITS OTH- FR E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L- DISEASE-POLECY LIMIT 5 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Sehndu O. I1 more space is reguIrmi) The above mentioned General Liability policy includes Blanket Additional Insured endorsement AF000859. CERTIFICATE HOLDER CANCELLATION City of Moab 217 East Center Street Moab, UT 84532 ACORD 25 (201615) IN >nsnnal m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIIED REPRESENTATIVE Natalie Roveta/NDR 01988-2010 ACORD CORPORATION. Ali rights reserved. Tha Annprl nama and Irvin ara raniml: rad rnariec of Br:raw', cp Q Page 32 of 184 Jennie Ross From: Anita Stewart [anita@rockwellrelay.com] Sent: Wednesday, January 21, 2015 12:49 PM To: Rachel E. Stenta Cc: michelle@rockwellrelay.com Subject: Moab City / Rockwell Relay Categories: permits Hello Rachel, We are preparing for our sixth annual bike relay in June and, as in prior years, would like to request approval from the city and reserve portions of 5wanny Park for packet pickup and as the starting line. In the past you have emailed the application forms; could you please send them again —thanks. My husband, Stephen, started the permits for me last year and finalized Moab. I do not show record that he did a letter to the city council. I had always done one in prior years and can again if that is helpful. Let me know if you like one included when I return the other forms. I will be contacting Chief Navarre about a police escort out of town, the HMK school for overflow parking, and Delight Primus with the Farmers Market regarding our shared use of the park. Each of them has been very supportive in the past. The event is generally the same as prior years. Here are the details: Event name Rockwell Relay: Moab to St. George Dates - Moab Thursday and Friday, June 11-12, 2015 Time Thursday packet pick up between 5 and 8 PM (set up about 3 PM) Friday breakfast, instruction and race start between 6:00 AM and noon Staggered start times: 7, 9, and 11 AM General info Begins in Moab on Friday, June 12t" and ends in St. George on the 13t" Four person relay teams covering 525 miles with 12 legs Local route Leave Swanny Park heading south on 100 West, follow till curves to Main St., right onto Main, south on Hwy 191 towards first exchange at Monticello Park Police escort Chief Navarre has always arranged an escort for each starting time, from the park to outside city limits Numbers Expect about 175-200 teams, totaling 700-800 cyclists with a few extra vehicle drivers and family members; not everyone will be at the park at the same time as the packet pickup has a time range and the start is staggered Signs We use directional signs (left/right/straight) on the far right side of the road, mounted on orange candlestick safety cones; these assist the cyclists and also alert vehicles an event is in progress; signs are placed shortly before the first riders arrive and removed by the sweep vehicle UDOT Permit is process, application # 63623 As always, please let me know if you have any comments or questions. I appreciate all of your past and current assistance —thank you! The event continues to bring both new and past participants to beautiful southern Utah and they love the scenic route. Anita Stewart Permits Coordinator 801-809-0083 anita@rockwellrelay.com ca c a) a) Q 1 Page 33 of 184 XBP Confirmation Number: 7596971 j1 Transaction detail for payment to City of Moab. Transaction Number: 35346382PT Visa — XXXX-XXXX-XXXX-3465 Status: Successful City of Moab 217 E Center St Moab, UT 84532 435-259-5123 info@moabcity.org Date: 03/30/2015 - 11:11:59 AM' .Account # Item Quantity Item Amount -Mist Payment 1 $290.00 Billing Information Rockwell Relay Rockwell Relay , 84025 Moab City Corporation 217 East Center Street Moab, Ut 84532 435.259.5123 Receipt No: 149329 Receipt Date: 03/30/2015 Timestamp: 03/30/2015 11:15 AM Payor: Rockwell Relay Rockwell Relay -Special business event fee 1032160 FLAT BUSINESS LICENSES TOTAL.: $290.00 Transaction taken by: Jennie 290.00 $290.00 Credit Card - XBP $290.00 Tendered Amount: Cash Back: Total Applied: Page 34 of 184 $290.00 $0.00 $290.00 1 MOAB CITY COUNCIL MEETNG April 14, 2°15 Agenda item #: 6-4 Title: Approval of Permits for Eve Tallman on behalf of the League of Women Voters to Conduct Convention Reception at the Grand Center on May 15, 2015 and consideration of a Fee Waiver not to exceed $290.00 Fiscal Impact: None Staff Presenter(s): Danielle Guerrero, Deputy Recorder Department: Recorder LApplicant: Eve Tallman, League of Women Voters Background/Summary: Eve Tallman, League of Women Voters has submitted all of the required applications. Please note that several of the required/permits are contingent upon other approvals. The following approvals are needed: 1. Approval of a Special Business Event License 2. Approval of a Class IV Special Event Beer License 3. Approval of Local Consent for a state -issued Single Special Event Beer Permit The City Special Events Committee has reviewed the applications for the required permits and licenses for the League of Women Voter. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval Recommended Motion: "I move to approve Attachment(s): Special Business Event License Application Class IV Special Event Beer License Application Application for Local Consent for a Special Event Beer Permit Fee Waiver Request Agenda Page 35 of 184 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): ❑ TRANSIENT (S90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: S200.00 Leafe,&S DESCRIPTION OF EVENT: LOCATION OF EvENr: PREMISES TO BE USED: p. .15, Lerepa +. le, tSer� Lectkr ` Rec, TEMPORARY STRUCTURES TO BE USED (IF ANY): (� frf p N 45 20l6 6—cf tn� 50 ----76 NAME OF EVENT: DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: cedere, NUMBER OF VENDORS PARTICIPATING: Qr�� EXPLAIN FEES GENERATED 9Y THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): 4$.° 4o ��f i '+� -Ft r aeLwi i S sClues . etu k b� 9 EVENT SPONSOR'S NAME: J ��)afAe4\ ithe.CS g �/i��� /-FV'prTe �17 G� " Nn pHoNIE: ZG — 5671 SPONSOR'S ADDRESS: 61 6..$,S-1y200 4•O rrry M;tea, crnrc t/i"r- ZIP: 45?-4'53 L. SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP © PARTNERSHIP 0 CORPORATION MOTHER (SPECIFY): 66/CS��+ i,/66rr �L 4/1 EVENT SPONSOR'S SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: Lea ttke, L7� v���i�," Ne,f1 i`f'S �C DATE OF BIRTH: 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 MY WITHOUT FIRST OBTAINING A LICENSE, ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. INVE r L SE PRINTNAME(5) 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 HEREIIS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT ISPONSOI . 11 iE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah gnalure of Sponsor ) SS County of Grand ) SUBCRIBED AND SWORN to before me this I day of Uae tn.aura_ , a0/S SEE BACK OF FORM FOR ADDITIONAL R Q JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 Page 36 of 184 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: 07/01 /05 Page 37 of 184 a) Q 1 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: CIS I * MOAB CITY CODE: n AN) SIGN PERMIT: 12M)4 r` MOVED -ON NECESSARY: ❑ YES No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES NO U l f -5 G! T`{ CO U oci L ApileoVAi. REVIEWED BY ZONING ADMINISTRATOR: DATE: '✓ �� ✓ DAME OF APPLICANT: la lirnoA APPLICANT'S MAILING ADDRESS: 7,61 � -2-0 d S CITY: PHONE5 ! - 5639 Mvo froWil'Ly STATE: M 1 ZIP: '0115� 2 avt.-sc,H:n�a.awru w3�ww'M+rerie�n -. _ �...T�Y w:-^Mkt--�m. x'n> .�-wq�nrrw�s >'�yx'�w+-4`S tam+-� �` �.-.ro -r.� •�.cr•«-++r+Ae�+Yosam�wa»en .. NAME OF EVENT: �] 1� C (�Yi u t.... _ ....�.r,,�. Fags° & � i..... /7�l 1 � /S 't -8 mt ' LOCATION OF��EVENT: f�RA� r _ N T�- y� - i ZONE: U ' �P UI�I, WI 1 DETAILED {DESCRIPTION OF SPECIAL EVENT: D I' A n Am4 co, vtryl q- cl Cok 4 Fi utiartk1 Sir-- Eei.45V1 to-qis .i � . D�-P.4rp�' �. e". �mt, f ulott e-- i G.,,� I S Sw,-2�.. "Zr1 G,w�3V� et fr - t Zi 1 106-0k-- S I..' n , / ovv\-o) SD Lt t1lA- . is r. 06/16/05 Page 38 of 184 DATE PAID: AMOUNT PA€D: RECEIPT No.: 3/3//as q pp 217 EAST CENTER STREET U MOAB, UTAH 84532 � / (435) 259-5121 1 FAX (435) 259-4135 CI cl I [ PLEASE MAKE' CHECKS PAYABLE TO: CITY OF MOAB CITY OF DAB RETAIL BEER* LICENSE APPLICATION © CLASS I FEE: © CLASS II FEE: O PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS IV FEE: LICENSE it: $200.00 $200.00 $720.00 $90.00 S90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME; HOME ADDRESS: '?_fjr) <, SOCIAL SECURITY NUMBER: DRIVER LICENSE NUMBER & STATE: CITY: r1(jn,t) DATE OF BIRTH: HOME PHONE: 2— — 5h 3 e, STATE: Lit � ZIP: g BUSINESS INFORMATION BUSINESS NAME: SALES TAX ID 4: _ C� T7 1 rj' BUSINESS PHONE: got z72.—D6�i 3 BUSINESS ADDRESS: j BUSINESS MAILING ADDRESS: Se ►v._Qi CITY: S STATE: 4-7 ZiP: F:)'7 r<0(;t WARNING!! ,ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE ATE LICENSE! STATE APPROVAL, COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT TIME STATE N®V$! THIS APPLICATION IS iviADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) CI CLASS I Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or oft the premises, in accordance with the Liquor Control Act and the Ordinances of the City. ® CLASS II 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. CI PRIVATE CLUB Same conditions as Class I and Class Il Beer Licenses. EI CLASS III CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? Na . 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: I yl bed, h c-��.re « l� LAci L *Beer application is for 3.2% by weight only. Also requires a State license. Page 39 of 184 09/2 /41 } 3. Have you ever been convicted of any offense other than a minor traffic violation? li No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, II, Private Club and Class IV. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROvzo ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 40 of 184 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance,of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature C U e- frt..rt ,being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this 3 [ day of JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 aearyi oZatS Notary Public Page 41 of 184 CLASS IV SPECIAL EVENT SEER LICENSE SUPPLEMENTARY INEORMATON 1. Please specify the dates, times, location, nature and description -of the proposed event: Mt 15; 765 � Td 6 01 f 6—r ncl �qr I { ` _ CP �C �-b1r1 �`pE- �R{-� 5 � (On V P t'l 3 V�eM` �� o e_r s [aT 1���L V I , I u � atfroC LSO d . f 2. Please provide a floor plan or detailed description of the following: a. The sites from which you propose that beer be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars, and other areas set apart for the sale of beer; b. The areas in which you propose that beer be allowed to be consumed; 3. Please state the purpose of the association or entity conducting the event: T � w� V�� c 5 Lttc_.�, t� �� -��' r-h.son � c.A jZ oc' a, i Z�I n i,�� e,nCri��r nf6r�d Cenel �4 Gi e- �� 1 -s >I � � - �� pfa JGyR-rn 0.044 . I-064 irke-04,2"5 arp Fr; mart! 1n vDevC'_ IIV crt, r se_rvire rt3f.Si-1414 Eve- --Fa i \ in an hereby grant Moab City Officials, including but not limited to, law enforcement officers or City code enforcement officials, an unrestricted right to enter the premises of this event, during the event to take place on M { S , starting at PM, and located at I Q C P.rjre-r and City ordinances. SIGNED: STATE OF UTAH COUNTY OF GRAND } ) SS ) SUBSCRIBED AND SWORN TO BEFORE ME BY THIS 3 f DAY or a r� co C En a for purposes of monitoring compliance with all license terms , oZnIJ e1 JENNIE ROSS 1 �' Notary Public ` • State of Utah I .y Comm. No. 661521 4 -=:.'-. My Comm. Expires Dec 11; 2016 w Page 42 of 184 DATE: 31 141.47e.A.\ 20\ > ON NOTARY PUBLIC League of Women Voters Reception May 15, 2015 Lecture/Social/Fund Raiser Stars indicate volunteer security personnel ca a Page 43 of 184 SINGLE EVENT PERMIT Local Consent PURPOSE: Local business licensing authority provides written consent to the AIcoholic Beverage Control Commission to issue an event permit to an organization for the purposes of storage, sale, offer for sale, furnish, or allow the consumption of an alcoholic product on the event premises AUTHORITY: Utah Code 32B-9-201 r • t a a% , [..-17dity [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a temporary single event permit license to: eliCVatilal V3fikaCW12- ted6s )00EIJY1 123+7-F5 Event Name: BI •-AnithaQ CA,NvetSurn Event location address: �� C -e- j\ina0o n 53� Applicant Entity/Organization: On the ATM city state zip 7 5�- during the hours of dates _ defined hours from — to day(s) of Authorized Signature month year , pursuant to the provision of Utah Code 32B-9. Name/Title Date ca En a Page 44 of 184 The League of Women Voters of Grand County welcomes Utah"s League of Women Voters to Moab for our annual convention in May! Come for the convention and stay to enjoy Utah`s world famous vacation and recreation destination! Friday, 15th of May, 6 to 9 pm The Grand Center, Moab UT LWV Fundraiser - Honoring the Legacy of Our Public Lands Through Partnerships, Past, Present & Future! A presentation on public land issues; appreciation, conservation, legislation by - Jen Jackson, author of Blow Sand In His Soul; Bates Wilson, the Heart of Canyonlands Ashley Korenblat, Founder & Director, Public Land Solutions Sara Baldwin Auck, Clean Energy Policy & Partnership Expert Appetizers by Kay Davis &The Farmacy Social Hour Book Signing by Jen Jackson $40 Saturday, 16th of May, 9a - 3pm The MARC, Moab UT League of Women Voters of Utah Annual Convention Lunch Catered by Kay Davis & The Farmacy $25 Tickets Available at www.lwvutah.org and at Grand County League Meetings Photo Courtesy of Rob Kerchen ca c a) a Page 45 of 184 LEAGUE OF WOMEN VOTERS' Rachel Stenta Moab City Council 217 East Center Street Moab, Utah 84532 RE: Request for Approvals • Special Event Permit • Class 1V Retail Beer License Dear Ms. Stenta & Moab City Council, On behalf of the League of Women Voters of Utah and Grand County, I am excited to announce an evening of information and socializing as we open the Utah state League convention in Moab on May 15, 2015 at the Grand Center. You are likely aware of the work of the local League in connection with voter education, the annual candidate forum, research studies conducted on topics of interest to Utah voters, and our drive to register new voters in Moab and Grand County. It is a rare treat to host the state League convention locally, and we are combining our Friday evening fund raiser with an evening of educational speakers on the topic of public land policy. The League's full agenda of meetings and speakers will continue on Saturday, May 16 at the MARC. The Friday fundraiser at the Grand Center makes it necessary to obtain the appropriate licensing permits to hold this event. I am therefore respectfully requesting that the Moab City Council consider the documents submitted with this letter and approve the necessary permits and licenses. You are likely aware that this local approval needs to precede the application and approval at the State level which, in and of itself can flake a significant amount of time; as such timely completion is important. Please let me know if I can be of further assistance in providing any other information that will help in making this recommendation. Sincerely, Eve Tallman On behalf of the League of Women Voters of Utah 261 East 200 South I Moab UT 84532 I evetallman@gmail.com I (435)259-5639 266 Page 46 of 184 March 30, 2015 Rachel Stenta Moab City Council 217 East Center Street Moab, Utah 84532 RE: Request for fee waivers • Special Event Fee: • Transient Fee: • Class IV License Fee: $200.00 $90.00 $90.00 Dear Ms. Stenta & Moab City Council, On behalf of the League of Women Voters of Utah and the League of Women Voters of Grand County, I would like to announce the Utah convention of the League, to be held in Moab on May 15 and 16. The May 15 reception will include educational speakers and social time, and is a fund-raiser for our local League. As you Iikely know, the League of Women Voters of Grand County is a non-profit organization that provides several services to Moab residents, including hosting the annual candidate forum, registering voters, and conducting research studies on issues of interest to Moab, Grand County, and Utah voters. Our fund-raising and state League event will take place May 15 at the Grand Center. The location makes it necessary to obtain the appropriate licensing permits to hold this event. Since the fees attached to these permits pose a significant obstacle to our ability to maximize fundraising efforts, I respectfully request that these fees be waived. Despite our opportunity to raise funds as we host the state convention, we also find many costs associated with bringing our members together and a fee waiver will go a long way toward moving our local League into the black for this event. I appreciate your support for the League of Women Voters of Grand County. Please let me know if I can be of further assistance in providing any other information that will help in making this recommendation. Eve Tallman On behalf of the League of Women Voters of Utah 261 East 200 South / Moab / 259-5639 / evetallman@gmail.com Page 47 of 184 MOAB CITY COUNCIL MEETING April 14, 2o15 J Agenda ltem #: 6-5 1 Title: Approval of a Private Property Food Vendor License for Dwight Johnston, d.b.a. Popcorn Wagon Located at 331 North Main Street to Conduct a Kettle Corn Business, April 15 to November 15, 2015 Fiscal Impact: n/a Staff Presenter(s): Danielle Guerrero, Deputy City Recorder Department: Recorder/Treasurer/Planning Applicant: Dwight Johnston Background/Summary: Staff has reviewed the proposed application and proposed structure 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 Food Vendor License for Dwight Johnston, d.b.a. Popcorn Wagon Located at 331 North Main Street to Conduct a Kettle Corn Business, April 15 to November 15, 2015. Recommended Motion: I move to approve (insert agenda item title). Attachment(s): Vendor Application Agenda Page 48 of 184 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF- MOAB VENDOR (REQUIRES CITY COUNCIL. APPROVAL_ YEARLY) B:U$1NESS L,dCENSe APPUCAI'IQN 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB FEE: $ (AS DETERMINED BY RESDLUT€ON) LICENSE #: ZONE: BUSINESS NAME: Pn pc0 if BUSINESS MAILING ADDRESS: 2-1 I 0 te vtretce CITY: 1/140,2. STATE: e-mail address: BUSINESS PHONE: 1/3 -2 p _ 0(08 zip: Location(s) where business will be conducted:ycbkio-D. eb-ytA. Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities A �� 3.3 ] D rth nial.A4 Length of time and/or specific dates business will be conducted: 5 ` 4i4_, A, AJO-W,t� (5 '� Proposed hours of operation: tztAkt bie � r1VIA 0� j a e_ Type (see definitions): ❑ Cart ❑ Vehicle ❑ Display Apparatus �/ [J Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor © Private Property Vendor aLocal Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: , +? C r/I ° IpAim i rf r � BUSINESS OWNER'S NAME: OWNER'S ADDRESS: a3go I -iztt trc OwNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: OPERATOR'S NAME (IF DIFFERENT FROM OWNER): a)11,14-X OPERATOR'S ADDRESS OF DIFFERENT FROM OWNER): _6".0-r #it-e PHONE: - �( (.,„ • 32 CITY: 0,6 ab STATE: 11 I ZIP: g`C S CITY: DATE OF BIRTH: PHONE: STATE: ZIP: SALES TAX 1D # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: 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 IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE 1S 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 49 of 184 THIS FORM 1S 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 OF MOAB WITH T A CURRENT BUSINESS LICENSE. IIWE ��ZU`fi(.!� frtZ-e- �/i. Ctra� 1a+/t�. �o Ltvts ♦a en HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY LEASE PRINT NAM 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. IIWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER, INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah County of Grand Signature • pplicant ) § SUBCRIBED AND SWORN to before me this r day of -;eo NOTARY PUBLIC DEFINITIONS: Date �p I , aorS. �1: JENNIE ROSS 6 ":(ib�+- Notary Public 0 ?'t' v1I) d� i State of Utah Comm. No. 661521 My Comm. Expires Dec i t . 2016 ' ➢ 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 term "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 safe 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 an public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 11/27/2013 T•1BUSINESSLICENSESIBUSLICFORMSIBtrSLic- Vendor revison.docx Page 50 of 184 VENDOR APPLICATION CHECKLIST ❑ D SCyRIPT10N OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: DIMENSIONS OFTHESTRUCTURE HOTOGRAPHS OF STRUCTURE 1TE PLAN TO A SCALE OF NOT LESS THAN 1/$"EQUALS ONE FOOT SHO WPIG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ 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 (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ 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 COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/27/2013 T: !BUSINESS LICENSESIBUS L1C FORAIS48ns Lic - !Vendor revison.doce Page 51 of 184 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(5): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee* $600 one time fee Solid Waste Fee/Food vendors Limited Term (less than 30 days) Long Term (1 month-12 months) `Waived for local vendors with permanent business address in Grand County $10 per month or partial month $610 Flat Fee (includes administrative fee) $20 per month (plus admin fee) 11/27/2013 T:YBUSINESSLICENSESIBUS LIC FORMSIBus Lic - Vendor revison.docr 1 Page 52 of 184 4 -1 Total Fee CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: OWNERS NAME: N" -f- Jo ems' OWNER'S PHONE 9 70-2-162 - 3Z19 TYPE OF BUSINESS (EXPLAIN IN DETAIL): Poi[' Dv14 �� �'`�'�' bo I l ! Si � � Kettle, Co v o, i'u.� �2d- v to ks �C1 ! I ' wr coif ri&tS ; pv-of 6ts j i I to iud.5 +0 C-0u wk--p 33/ 1voYi-ln 113 V+ BUSINESS PHONE THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED D DISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: ❑ YES Q NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APRROVE V DISAPPROVED D REASON: // 07/01/05 cc C cu Page 53 of 184 Lay oll moan 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: {)3,pc._orirrt Name of Applicant: �o.y6 F�0yon,m4 IA ' (7`-)A Business Name: c--(06-re Address: 3 i ! D f +tik KOWA-- Phone: .31 9 Email: aat.140 i/ " Property Owner: /1\-TE3C, C Q 1(0� Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): 0 Street Vendor 0Sidewalk Vendor a,private Property Vendor Fri ocal Vendor OFood Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): Cart 0 Vehicle ❑Display Apparatus Detailed description of business activities: Total number of off-street parking spaces: Hours of operation. 12 5 0-D 8 ! D6 1M To be filled out by city: Zoning: Allowed use per Moab Municipal Code section: Number of parking spaces required for permanent business. Number of parking spaces required For other businesses: cC Q oning Administrator Date Page 54 of 184 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 FAX (435) 259-4135 Property Owner Authorization Letter Date. City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, IaWp k9 11-9— S O LAAA.4i?--- (pr perty owner name) am the owner of the property located at I understand that o (na j tJ®� (property address and parcel tax ID it) )c(9 z �e of business license applica has applied for a business Iicense for (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. a/44r6a Signature Telephone # audtikki S7,t S,l tip Printed Name • r Sa / [4;uti yDirted co-vk Email .Please list additional businesses authorized to use the above property and restroom facilities: Page 55 of 184 8 fi '•A 1.13 ca c a) a) Q Page 56 of 184 r L _ C'•1'e Ptto'r Page 85 of 85 Page 57 of 184 Drive. >va I f r a) a MOAB CITY COUNCIL MEETING April 14, 2o15 J Agenda item #: 6-6 Title: Approval of a Private Property Food Vendor License for Dustin Steele, d.b.a. Steele Sun Fun Company, Located at 83 South MainStreet to Conduct a Shaved Ice Business, April 15 to September 15, 2015 Fiscal Impact: n/a Staff Presenter(s): Danielle Guerrero, Deputy City Recorder Department: Recorder/Treasurer/Planning Applicant: Dustin Steele Background/Summary: Staff has reviewed the proposed application and proposed structure and finds that it meets the requirements of our vendor ordinance. 1 Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Food Vendor License for Dustin Steele, d.b.a. Steele Fun Sun Company, Located at 83 South Main Street to Conduct a Shaved Ice Business, April 15 to September 15, 2015. Recommended Motion: I move to approve (insert agenda item title). Attachment(s): Vendor Application Agenda Page 58 of 184 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL— YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE 11: ZONE: BUSINESS NAME: J�W S TOVN, CA), BUSINESS MAILING ADDRESS: 11,V[' e-mail address: Ape,le,ct 82e Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities CITY: ►MOOLb BUSINESS PHONE: WFS 1-V tat f STATE: �� ZIP: V J B3 ' Mi y,J s.T 1 M ok k 1) "1- Length of time and/or specific dates business will be conducted: 1—A �1 l 1 S -- 41 1 �' 1 1 Proposed hours of operation: `'� A M. -- CA ? NA j I Type (see definitions): Cart in Vehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ❑ Privates U Property Vendor ❑ Local Vendor/0Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: Ss INOLV- \Ce, BUSINESS OWNER'S NAME: �u C..)k OWNER'S ADDRESS: Li (IC 3 y Puo,A® Ve,-rc �f, CITY: I OCI.,.b OWNER'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: ' STATE: PHONE', H S- 2�.(�[Q�0— i L PJ IS 3z_ OWNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH OPERATOR'S 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: � ��� �iji� �v" CO - 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 IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS 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 59 of 184 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. UWE `tj�3C�� l/C- PLEASE PRINT NAMES) 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. IME UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. i E AGREE ; . LE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Ufah County of Grand Signatu } ) § ) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY 3t t r 1 5-- Date SUBCRIBED AND SWORN to before me this day of r14., , D._0 j NOTARY PUBLIC DEFINITIONS: JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm Expires Dec 11, 2016 ➢ 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 an 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 safe of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.10: 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. 11/27/2013 T: lBUSWESS LICENSESOUS LIC FORMSais Lic - Vendor revison.docx Page 60 of 184 a) a VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: ❑ DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A SCALE OF NOT LESS THAN 1/8" l;QUALS ONE FOOT SHOT/ NG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ 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 (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (1F PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ 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 COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ® FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ 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: I I/27/2013 T:OUSINESS LICENSF.SIBUS 1.IC FORAISillus Lie - Vendor revison.docs Page 61 of 184 a) Q LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: in APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY PLANNING ❑ APPROVED In DISAPPROVED REASON(S): CITY RECORDER ❑ APPROVED in DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: ❑ APPROVED in DISAPPROVED REASON(S): Fee Calculation; Mobile Vendor Fee Structure 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 rnonths) $20 per month (plus admin fee) *Waived for local vendors with permanent business address in Grand County -- :: ,� Total Fee 11/27/2013 T:V3US1NESSLICENSESIBUSLIC FORMSIBus Lic - Vendor revison,doex 1 Page 62 of 184 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-51 21 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 I, am the owner of the property located at I understand that has applied for a business license for (property address and parcel tax ID #) (name of business license applicant) L. (applicant business name) from the City of Moab and that their business will be located from the above described address. T 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. ) G Signature Printed Name Telephone # Email Please list additional businesses authorized to use the above property and restroom facilities: ernes CA /0 u/Z 61). a- �a En a Page 63 of 184 Lily or mow) 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by thee applicant: Name of Applicant: bU Business Name: (A--e_,P.,k,P SuCo Address: \\ AircANt,s tf\AOCOD 1 � s-- 3 _ Phone: L�3 - Z(.n 0 - t Email: Property Owner: Vendor Type (see Moan Municipal Code Chapter 5.64.010 for definitions): ❑ Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor ❑ Local Vendor ❑ Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): Cart ❑ Vehicle ❑Display Apparatus Detailed description of business activities: 1ne{ [7�w K.', rn.,-. S \f•1 C P . .S\:\rO vA t) Nr tA/\,,it Stvjn A e�}l,-; StAk Total number of off-street parking spaces: Hours of operation. \t()A To be filled out by city: Zoning: Allowed use per Moab Municipal Code section: Number of parking spaces required for permanent business. Number of parking spaces required for other businesses: co i� a oning Administrator Date Page 64 of 184 c+Z N 231.0' 203.0' ROBERT DAYE CYNTHIA E DAYE 01-B 14-0004 0 203.0' ci N. 28.0' 8 0' \-(Cou ut`ttU O 'n M en M EAST 88.0' 88-0' 00 LILY ANN BALSLE BALSLEY FAMILY LILY ANN BALSLE' 01-B 14-000 a,2&)01< 123.5' Page 65 of 184 9.0' 0 LOT 2 121? S 89°47'E 462.0' FIRST S. epuaB y rnoab tropical sno - Google Search Page 1 of 1 Moab Tropical Sno Shave ice From the owner Photo Terms Privacy Report a problem Page 66 of 184 epue6v https://www.google.corn/maps/uv?hl=en&pb=! 1 s0x8747e1ec257211d3:Ox425e8f1 a9767a248!2m5 !2m2! 1 i80!2i80!3m1 !2i100!... 3/26/2015 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTSONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICES). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: OWNERS NAME: l\ o Ityave N . use Eta TYPE OF BUSINESS (EXPLAIN IN DETAIL): 'vat, sit 1. BUSINESS PHONE: 1-I SS-- 2620 _ ! cii-t r OWNER'S PHONE (-135--- 2,60-I q �{ ! 1 frirJ r� ,„.---vCr�_f THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: In YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: In YES in NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED In REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: 7(YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION I'j7 APPROVED DISAPPROVED ❑ REASON: /' SIGNATURE 07 01-05 Page 67 of 184 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 14, 2015 Agenda ltem #: 7-1 Title: Approval of a Request by MacArthur Lloyd for an Amplified Music Event at Old City Park on May 9, 2015 Fiscal Impact: None Staff Presenter(s): Danielle Guerrero, Deputy Recorder Department: Parks Applicant: MacArthur Lloyd 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 MacArthur Lloyd. Agenda Page 68 of 184 MacArthur A. Lloyd Website: www.macarthurlloyd.com Email: mac@macarthurlloyd.com Phone: 208-290-4781 To who it may concern: I am writing this letter to support my recent application (dated 03/13/2015) for use of Old City Park for the following event on 05/09/2015, which will require amplified music. Event Title: The Canyon Cayleigh Event Description: A day of free music, art and entertainment focusing exclusively on local artists. The over all theme will be centered around Folk, Celtic, Latin, Native and any other Traditional themes that are present in our community. Event Mission: The purpose of this event is actually headline the local artists who are barely included (if at all) in today's festival, fair and concert scene. By dong so, I hope to encourage a traditional sense of community between artists, craftsmen and townsfolk that rarely exists outside of classic literature and legend. Thank you in advance for your consideration, and I hope the benefits to the community are apparent in such an event and will influence your decision. Respectfully yours, MacArthur Alexander Lloyd 3/A-11,5" Agenda Page 69 of 184 1 MOAB CITY COUNCIL MEET April 3.4, 2o15 Agenda ltem #: 7-2 NG 1 Title: Donation of Found Property Bicycles to School District for rodeo in May Fiscal Impact: If Applicable Staff Presenter(s): Michael Navarre (Cindy Montague) Department: Police Applicant: If Applicable Background/Summary: There are 12 bikes currently in inventory. The process is complete as required by the State of Utah, code 77-24a-5. Options: Approve, Deny, or Table Staff Recommendation: Donate bicycles to non-profit organization, Grand County School District, which in turn will work with Western Spirit Cycling bike shop. Contact has been made with Scott Crane from the school district, who has agreed to be the representative for this endeavor. If approved, Western Spirits will coordinate staff to get the bikes in working and safe order to donate to the children in our community at the Bike rodeo in May. Recommended Motion: Click here to enter text. Attachment(s): Pursuant to Utah State Code Section 77-24a-5, the Moab City Police Department has the following Bicycles and Miscellaneous items as Found/Recovered Property. Contact us at 435-259-8938, within 8 days, to identify the items, or they will be disposed of on or after January 17, 2015. Pacific XL2 Bike, Maroon & Black in color, #E93617 Huffy Kids Bike, Red in color, #E93616 Hotwheel Kids Bike, Green in color, #E 106019 Agenda Page 70 of 184 Cannondale Bike, Gray in color, #E93576 Huffy Bantam Bike, Red in color, #E93575 Blaze Bike, Yellow in color, #E73090 Specialized Stumptumper, Silver in color, #E93573 Roadmaster Mt Sport SX, Light Blue, #E 106503 In addition to the bikes listed above, the following are bikes that upon contact with the original RP's (finders) in October 2014, they requested that the bikes be donated for the upcoming bicycle rodeo. The bicycles originally were in a former publication in 2014, pursuant to Utah State Code 77-24a-5, and were unclaimed. NEXT Bulge Bicycle, Yellow, #5980 Huffy Top Fuel bike, Red, #12270 NEXT Surge, Green, #1 1 151 Specialized StumpJumper, Silver, No property number listed Agenda Page 71 of 184 AGENDA SUMMARY MOAB CITY COUNCIL MEETING April 14, aoa., AGENDA ITEM #: Click here to enter text. r Title: Approval of a Recreational Trails Program grant application Fiscal Impact: 50% required match (the City's portion should be less than $10,000 Staff Presenter(s): David Olsen Department: Community Development Applicant: City Background/Summary: The City of Moab desires to install a 400' long by 10' compacted road base trail that will extend from a little bridge along Mill Creek that is located upstream of the 500 West/Mill Creek road bridge. The trail would connect to the 500 West Underpass and to a new concrete path located south of the 500 West/Mill Creek road bridge. The existing 500 West path and bike lanes and the Mill Creek Parkway extend 3 miles from the proposed location of interest. The City also proposes to overlay the old asphalt section of the new Moab North Corridor concrete path. The asphalt section is 1,000' long and is in poor condition. It is located along Highway 191 and along the frontage of the Moab Springs Ranch. The project would include laying down a mat and adding 1.5" of asphalt on top of the existing asphalt. The City would also like to purchase a pedestrian and bicycle counter for paths and trails recently constructed in the Moab area. A borrowed BLM counter that is used near Lions Park is only 30% accurate. The Pyro Box pestrian and bicycle counter from Eco- Counters has been recommended for the accurate counting of pedestrian and bicycle traffic. Options: Don't apply for the grant Staff Recommendation: Approve trying to apply for the grant Recommended Motion: Recommend to apply for the grant Agenda Page 72 of 184 MOAB CITY COUNCIL MEEZING PL-14-059 April 14, 2015 Agenda ltem #: 7-4 Title: Adoption of Council Resolution #14-2015 A Resolution Approving The Subdivision Improvements And Development Agreement And Conditionally Approving The Final Plats For The "Entrada At Moab" Master Planned Development Phases 1-3 On Property Located At 600 West 400 North In The C-2 Zoning District Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: Bryon Walston and Ben Cahoon for Chad Clifford of Snow Hound Moab, LLC Background/Summary: The attached amended development and phasing agreement and the final plats for this Master Planned Development is the final step in the approval of the forty-five townhome unit development, Entrada at Moab. The proposed Master Planned Development is located on a 4.6-acre parcel in the C- 2 (Commercial Residential) Zone. The mixed uses of residential and commercial nightly rentals is allowed in the C-2 Zone under MMC Section 17.65.020 E. There will be seven phases with varying numbers of townhomes constructed and amenities will be built in Phase Four and include a pool, clubhouse, and much of the pedestrian amenities. A clubhouse and pool area will also be a part of the development for a total lot coverage area of 61,350 square feet or 30.6%. The seven phases are shown on the Phasing Plan. The total height of any structure will be approximately 21 feet according to the developer's statement. The developer is planning to construct all of the water, sewer, and street improvements through Phase 7 prior to recording the final plat. He has asked for exceptions to installing the perimeter landscaping, and sidewalks until the structures are completed. Allowing landscaping and sidewalks to be completed after the structures are finished, there is little risk to those plantings and sidewalks being destroyed and having to be replanted or replaced. A Certificate of Occupancy will not be issued until these required elements are completed or a financial guaranty of sufficient value to cover construction costs is in place. The Improvements Agreement also requires that all of the improvements for a particular phase (asphalt, landscaping, curb, gutter, sidewalk, perimeter landscaping, and other improvements) must be completed, inspected and approved prior to issuance of any building permits in a phase. If the 1 Agenda Page 73 of 184 Page 2 of 3 developer chooses to provide a financial guaranty for any incomplete improvements, he may continue to additional phases. The applicant has completed the review stages of the Concept Plan (MMC 17.65.090) and the Preliminary Plan (MMC 17.65.100) and is now before Council for final approval of Phases One, Two, and Three. In a meeting held on July 10, 2014, the Planning Commission favorably recommended the final plats for Phases 1, 2, and 3 to Council with the following five conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. The required state issued exception to the water and sewer line crossings has been received. 4. The developer shall work with city engineering and public works to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 5. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. The required state exception to the water and sewer line crossings was received and has been removed from the conditions. MMC Section 17.65.120, Development agreements, states, "Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement." The attached draft, Development and Phasing Agreement (Entrada at Moab), contains the necessary elements required by MMC. Section 17.65.120, states that the agreement shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Proposed financial guarantees for all required improvements if not completed within a specified time frame; I. Final covenants, conditions, and restrictions. The development agreement shall be ratified by the land use authority, signed by the city council and the applicant, and recorded with the county recorder. The development agreement also contains Agenda Page 74 of 184 Page 3 of 3 language which allows for minor, administrative modifications to occur to the approval without a formal revision of the agreement. It is required that the agreement be submitted to the city within six months of the date the project was approved by the land use authority, or the approval will expire. Options: Council can: 1. Adopt Resolution #14-2015 to approve the agreement as written and conditionally approve the Final Plats for Phases 1, 2, and 3 of the Entrada at Moab Master Planned Development as submitted; 2. Adopt Resolution #14-2oi5 and approve the agreement with amendments; 3. Table the agreement in order to receive more information; 4. Vote to not approve the agreement stating specific concerns, thereby, rejecting the final plats. Staff Recommendation: Staff recommends that Resolution #14-2015 be adopted as written to approve the development and phasing agreement and the final plats with the following conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. Recommended Motion: I move to approve Resolution #14-2015 with conditions for the Final Plats, Phases 1-3, of the Entrada at Moab Master Planned Development. Attachment(s): Copies of: Resolution #14-2015 Subdivision Improvements and Development Agreement Agenda Page 75 of 184 f AGENDA SUMMADY CITY COUNCIL MEETING PL-15-II Agenda ltem #: 7-4 Title: Review and Conditionally Approving the Final Plats for Phase 1, Phase 2, and Phase 3 of the Entrada at Moab Master Planned Development Located at 600 West 400 North Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Bryon Walston and Ben Cahoon for Chad Clifford Background/Summary: The proposal is for the phased construction of 45 townhomes on property that fronts on 400 North Street and consists of 4.6 acres or 200,376 square feet. A clubhouse and pool area will also be a part of the development for a total lot coverage area of 61,350 square feet or 30.6%. The seven phases are shown on the Phasing Plan. The total height of any structure will be approximately 21 feet according to the developer statement. A new Improvements Agreement for Phases 1-3 is attached for Council to review and approve with the final plats for the first three of seven phases. A previous version of the Improvements Agreement is null and void. The developer is planning to construct all of the water, sewer, and street improvements through Phase 7 prior to recording the final plat. He has asked for exceptions to installing the perimeter landscaping, and sidewalks until the structures are completed. A Certificate of Occupancy will not be issued until these required elements are completed. In a meeting held on July 10, 2014, the Planning Commission favorably recommended the final plats to Council with the following five conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. The required state issued exception to the water and sewer line crossings must be received prior to the plat going to City Council. 1 Agenda Page 76 of 184 Page 2 of 3 4. The developer shall work with city engineering and public works to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 5. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. The state exception to the water and sewer line crossings was received and is a part of the Improvements Agreement. Process: MMC 17.65.080, Review procedures, states. "... [The] review process is intended to provide a means of consolidating various reviews for large scale projects into a single master plan application and review. A master planned development that has an approved preliminary development plan shall only be required to complete a final plat or site plan review for individual phases or portions of the development. Any master planned development without phasing shall complete a final development plan review." The chapter goes on to describe the four required review steps to a master planned development approval: 1. MPD Pre -application Meeting. A pre -application conference shall be held with the planning staff and/or planning commission in order for the applicant to generally describe the proposed development concept and receive professional recommendation based upon the city's requirements; and to become acquainted with the master planned development procedures and related requirements; 2. Concept MPD review; 3. Preliminary MPD review; 4. Final MPD review; or site plan review. The applicant has completed the first three steps and now is appearing before the Council for review and approval of the Final Subdivision Plats. The third Planning Commission condition of "The required state issued exception to the water and sewer line crossings must be received prior to the plat going to City Council, has been removed in the Resolution. Staff Recommendation: Staff recommends that the Final Plats for Phases 1, 2 and 3 of the Entrada at Moab, Master Planned Development be conditionally approved with the following: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC. 3. A Subdivision Improvements Agreement for Phases 1-3 shall be approved by the City Council. Agenda Page 77 of 184 Page 3 of 3 Summary of project: Location: 400 North Street Zoning district: C-2, Commercial Residential Property Area: 4.6 acres (200,376 sq ft) Total number of units: 45 Type of units: Townhome Phasing: 7 Lot coverage: 61,350 sq ft (30.6%) Amenities: Clubhouse, pool, pedestrian amenity area Maximum height of structures: Approximately 21 feet (2 stories) PC Concept Plan approval: May 9, 2013 PC Public hearing and Preliminary Plan approval: March 13, 2014 CC Preliminary Plan Approval: April 8, 2014 Phase 1: Phase 1 consists of four townhome dwelling units and all of the utility improvements for the complete development through Phase 7. This includes water, sewer, and streets. The engineering will be seamless and savings of construction costs will be realized by the developer. The Final Plat for Phase 1 is indicative of the proposed phasing approved in the Phasing Plan. Phase 1 will also include the replacement of the 6 inch water line with an 8 inch pipe and possibly, the storm drain in 400 North. The Improvements and Development Agreement reflects the construction of these features. Phase 2: This phase includes eight townhome units and the additional parking area. The water and sewer lines and streets will be installed with Phase 1 and will not be included in the construction cost estimates for this phase. Perimeter landscaping and sidewalks will be the remaining elements of the phase. Phase 3: This phase is comprised of 8 additional townhomes. As in Phase 2, the water and sewer lines and streets will be installed with Phase 1 and will not be included in the construction cost estimates. Perimeter landscaping and sidewalks will be the remaining elements of the phase. Agenda Page 78 of 184 CITY OF MOAB RESOLUTION #14-2015 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT AND CONDITIONALLY APPROVING THE FINAL PLATS FOR THE "ENTRADA AT MOAB" MASTER PLANNED DEVELOPMENT PHASES 1-3 ON PROPERTY LOCATED AT 600 WEST 400 NORTH IN THE C-2 ZONING DISTRICT WHEREAS, Chad Clifford, "Applicant", as Snow Hound Moab, LLC has applied for a Master Planned Development to construct a 45- unit townhome development with a pool and clubhouse on a 4.6-acre piece of property located at approximately 600 West 400 North in the C-2 zoning district; and WHEREAS, the mixed residential/commercial use is allowed in the C-2 under an approved Master Planned Development application as provided in Code Chapter 17.65; and WHEREAS, the Applicant provided the City with the necessary documents, plans and drawings to complete the application for review of the preliminary plan of the proposed Entrada at Moab Master Planned Development ("Development") as required in Code Chapter 17.65; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the Development in a duly advertised public hearing to hear testimony and determine compliance with the requirements of MMC Chapter 17.65, Master Planned Developments on March 13, 2014; and WHEREAS, the Commission, having considered Staff recommendations, and discussion of the pertinent aspects of the Development, adopted Planning Resolution #05-2014 recommending that Council conditionally approve the Master Planned Development; and WHEREAS, the Commission, reviewed the final plat for the Entrada at Moab Phases 1-3 on August 8, 2014, and having considered Staff recommendations, and discussion of the pertinent aspects of the Development voted to favorably refer the Final Plat to Council with conditions; and WHEREAS, on April 14, 2015, the Moab City Council reviewed the Final Plat for the "Entrada at Moab" Master Planned Development, Phases 1-3, and found that said Development meets or can meet the requirements of Titles 16 and 17 of the Moab Municipal Code with the following conditions: 1. Additional landscaping equal to that proposed along the north boundary line of the property and shown on Landscape Plan sheet L101 be installed along the east boundary of the development. 2. A sidewalk twelve (12) feet in width shall be construction adjacent to 400 North Street as required by MMC 17.65.060. 3. The developer shall work with the city engineering and public works departments to complete planning and construction of the storm water drain and water line replacement in 400 North Street. 4. A Development and Improvements Agreement for Phases 1, 2, and 3 shall be approved by the City Council. NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #14-2015 conditionally approves the submitted Final Plats for Phases 1, 2, and 3 and the Subdivision Improvements and development Agreement of the Entrada at Moab Master Planned Development, and the Mayor is directed to affix his signature to the Agreement on behalf of the City Council. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of the Moab City Council on April 14, 2015. SIGNED: David L. Sakrison, Mayor Agenda Page 79 of 184 ATTEST: Rachel Stenta, Recorder Agenda Page 80 of 184 VICINITY MAP Line Table LINE DIRECTION LENGTH Ll S9°56'15"E 2.59 L2 N9°56'15"W 2.59 L3 S89°50'00"E 4.02 Curve Table CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH CI 200.00 9°56'15" 34.69 N04°58'07"W 34.64 C2 200.00 1°29'15" 5.19 S09°11'37"E 5.19 C3 19.50 34°38'43" 11.79 N17°19'22"E 11.61 C'4 184.50 2°37'55" 8.48 N01°18'57"W 8.47 C5 19.50 48°39'52" 16.56 N26°57'51"W 16.07 C6 13.50 50°30'09" 11.90 S25°15'05"E 11.52 C7 221.50 9°56'15" 38.42 N04°58'07"W 38.37 C8 178.50 0°27'39" 1.44 S09°42'25"E 1.44 C9 221.50 2°08'54" 8.31 N08°51'47"W 8.31 C10 221.50 7°47'20" 30.11 NO3°53'40"W 30.09 PLAT PREPARED BY o ENGINEERING AND SURVEYING, LLC 502 WEST 8360 SOUTH SANDY, UTAH 84070 PH: (801) 352-0075 www.focusutah.com PRIVATE ONERSHIP LIMITED COMMON OWNERSHIP COMMON OWNERSHIP SOUTH a CORNER OF SECTION 35, T25S, R21E, SLB&M 35 - ENTRADA AT MOAB PHASE 1 TOWNHOME SUBDIVISION LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH ORCHARD VILLA TOWNHOMES PHASE 2 H x a M-� 205 206 207 208 301 302 303 304 FeT-URE-DEVELIPMENT 204 203 202 201 ROUZER 437/234 26' SEWER, WATER, DRAINAGE, & ACCESS EASEMENT IN FAVOR OF MOAB CITY ENTRY No. BOOK PAGE O M 0 Z 18.70 r? 21. U% S 18.96 (PRIVATE ROAD) 26.41 305 EAST T 306 128.36 87.89 308 N90°00'00"E 80.05 N M N 56.00 104 1521 sqft 56.00 103 1531 sqft 56.00 102 1531 sqft 56.00 101 1521 sqft 56.00 S90°00'00"W 59.00 78.97 3.00 =X X X MXo M � �Xc N � X� X3 Xo MXo NXz X X X X �X NX 3.00 0 co POINT OF BEGINNING 400 MEASURED: S89°54'00"W 2,642.46 N89 °50'00"W 128.36 NORTH w 0 0 0 Z 20 N GRAPHIC SCALE 0 10 20 40 80 ( IN FEET ) 1 inch = 20 ft. NOTES 1. ALL COMMON AND LIMITED COMMON AREAS ARE HEREBY DEDICATED TO AND WILL BE MAINTAINED BY THE ENTRADA AT MOAB HOME OWNERS ASSOCIATION AS PUBLIC UTILITY AND DRAINAGE EASEMENTS. SOUTHEAST CORNER OF SECTION 35, T25S, R21E, SLB&M _ 690.94 _ _ vl _ 35 36 S89°54'00"W 2 1 SURVEYOR'S CERTIFICATE I, Dennis P. Carlisle, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 172675 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have completed a Survey of the property described on this Plat in accordance with Section 17-23-17 of said Code, and have subdivided said tract of land into lots, blocks, streets, and easements, and the same has, or will be correctly surveyed, staked and monumented on the ground as shown on this Plat, and that this Plat is true and correct. DENNIS P. CARLISLE PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 172675 BOUNDARY DESCRIPTION A portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, located in Moab, Grand County, Utah, more particularly described as follows: Beginning at a point on the northerly line of 400 North Street as defined and described in Deed Book 469 Page 497 of the Official Records of Grand County located S89°54'00"W along the Section line 690.94 feet and North 40.05 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence N89°50'00"W along said street 128.36 feet; thence North 150.07 feet; thence East 128.36 feet; thence South 150.44 feet to the point of beginning. Contains: 19,287+/- s.f. OWNERS DEDICATION KNOWN ALL BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER'S OF THE DESCRIBED TRACT OF LAND ABOVE, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO HEREAFTER BE KNOWN AS ENTRADA AT MOAB PHASE 1 DO HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, AND WARRANT, DEFEND, AND SAVE THE CITY HARMLESS AGAINST ANY EASEMENTS OR OTHER ENCUMBRANCES ON THE DEDICATED STREETS WHICH WILL INTERFERE WITH THE CITY'S USE, OPERATION, AND MAINTENANCE OF THE STREETS AND DO FURTHER DEDICATE THE EASEMENTS AS SHOWN FOR THE USE BY ALL SUPPLIERS OF UTILITY OR OTHER NECESSARY SERVICES. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF A.D. 20 LIMITED LIABILITY ACKNOWLEDGMENT ON THE DAY OF A.D. 2014 PERSONALLY APPEARED BEFORE ME , THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF , IN SAID STATE OF UTAH, , WHO AFTER BEING DULY SWORN, ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT OF L.L.C., A UTAH L.L.C. AND THAT HE SIGNED THE OWNERS DEDICATION FREELY AND VOLUNTARILY FOR AND IN BEHALF OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY ENTRADA AT MOAB PHASE 1 LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH PUBLIC WORKS APPROVAL APPROVED AS TO FORM THIS DAY OF , A.D., 2014. PLANNING COMMISSION APPROVED AS TO FORM THIS DAY OF , A.D., MOAB CITY ENGINEER I HEREBY CERTIFY THAT THIS OFFICE HAS EXAMINED THIS PLAT AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. OFFICE OF THE CITY ATTORNEY APPROVED AS TO FORM THIS DAY OF , A.D., 2014. MOAB CITY COUNCIL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF RECORDED# STATE OF UTAH, COUNTY OF GRAND, RECORDED AND FILES AT THE REQUEST OF: PUBLIC WORKS DIRECTOR 2014 BY THE MOAB CITY PLANNING COMMISSION. PLANNING COMMISSION CHAIRPERSON DATE MOAB CITY E�I� ATTORNEY FOR MOAB CITY A.D., 2014., AT WHICH TIME THIS SUBDIVISION WAS APPROVED AND ACCEPTED.. ATTEST: CITY CLERK MAYOR DATE: TIME: FEE $ BOOK: PAGE: GRAND COUNTY RECORDER VICINITY MAP cc m a PRIVATE ONERSHIP LIMITED COMMON OWNERSHIP COMMON OWNERSHIP Line Table LINE DIRECTION LENGTH L I N90°00'00"W 9.31 L2 S00°00'00"E 16.00 L3 N00°00'00"E 18.50 L4 N90°00'00"W 8.00 L5 N00°00'00"E 25.00 L6 N90°00'00"W 6.00 L7 N90°00'00"W 2.50 L8 N90°00'00"E 2.58 Curve Table CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH C1 200.00 8°27'00" 29.50 SO4°13'30"E 29.47 C2 19.50 38°42'13" 13.17 N70°38'53"W 12.92 C3 2.50 90°00'00" 3.93 S45°00'00"W 3.54 C4 19.50 90°00'00" 30.63 N45°00'00"E 27.58 C5 13.50 90°00'00" 21.21 N45°00'00"W 19.09 LEGEND PLAT PREPARED BY SOUTH a CORNER OF SECTION 35, T25S, R21E, SLB&M 35 - ENTRADA AT MOAB PHASE 2 TOWNHOME SUBDIVISION LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH ORCHARD VILLA TOWNHOMES PHASE 2 O co N N89 °56'00 "E 130.82 0 M 0 0 0 0 7 0 0 0 0 0 z 7.50 N90°00'00"W 109.00 - -YOOXXXXXXXXXXXXXXX>5..0.13 - 27.17 27.33 27.33 27.17 0 0 205 0 1521 sqft 27.17 206 0 1531 sqft 27.33 207 0 1531 sqft 27.33 208 1521 sqft 27.17 0:! 0' 0 0 0 0 0 6.87 0 ci 301 302 26' SEWER, WATER, DRAINAGE, & ACCESS EASEMENT IN FAVOR OF MOAB CITY 303 304 EN'1 RY NT BOOK PAGE EAST 87.05 470 NORTH IsIA0200'00!'NA - -1-0 42- (PRIVATE ROAD) 149.08 N90°00'00"E 210.42 N90°00'00"W 114.08 o 0 0 ' 1 27.17 27.33 27.33 27.17 0 204 0 203 0 202 0 201 0 1521 sqft � 1531 sqft 1531 sqft 1521 sqft kr; � ,c,:, � ,`:f; ,n ,e1 27.17 27.33 27.33 27.17 N90°00'00"E 109.00 W 0 0 0 0 0 L8 ().. L4 N90°00'00"E 117.53 L6 W 0 0 0 0 z (G°' L 1 C� M N90°00'00"W 104.00 S89°54'00"W 140.00 POINT OF BEGINNING ROUZER 437/234 w O 15.50 21.5 U I I I 1�18.70 21.'L1 WES 40.4(7 M I FUTURE DEVELOPMENT 61.34 SOUTH 37.00 O co LWEST 26.34 R=13.50 A=90°00'00" L=21.21 CH=S45°00'00"W 19.09 305 306 ;=178.50 =9°28'41" L=29.5;3 CH=S4°44'21 "E 29.49 ENTRADA AT MOAB PHASE 1 307 308 104 103 102 101 MEASURED: S89°54'00"W 2,642.46 400 NORTH 819.30 S89°54'00 "W 30 N s GRAPHIC SCALE 0 15 30 60 120 ( IN FEET ) 1 inch = 30 ft. NOTES 1. ALL COMMON AND LIMITED COMMON AREAS ARE HEREBY DEDICATED TO AND WILL BE MAINTAINED BY THE ENTRADA AT MOAB HOME OWNERS ASSOCIATION AS PUBLIC UTILITY AND DRAINAGE EASEMENTS. SOUTHEAST CORNER OF SECTION 35, T25S, R21E, SLB&M 35 36 2 1 SURVEYOR'S CERTIFICATE I, Dennis P. Carlisle, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 172675 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have completed a Survey of the property described on this Plat in accordance with Section 17-23-17 of said Code, and have subdivided said tract of land into lots, blocks, streets, and easements, and the same has, or will be correctly surveyed, staked and monumented on the ground as shown on this Plat, and that this Plat is true and correct. DENNIS P. CARLISLE PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 172675 BOUNDARY DESCRIPTION A portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, located in Moab, Grand County, Utah, more particularly described as follows: Beginning at a point located S89°54'00"W along the Section line 819.30 feet and North 156.00 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence S89°54'00"W 140.00 feet to the easterly line of Phase 2, ORCHARD VILLA TOWNHOMES, according to the Official Plat thereof on file in the Office of the Grand County Recorder; thence North along said plat 261.00 feet; thence N89°56'00"E 130.82 feet; thence South 90.70 feet; thence East 87.05 feet; thence South 37.00 feet; thence West 26.34 feet; thence along the arc of a 13.50 foot radius curve to the left 21.21 feet through a central angle of 90°00'00" (chord: S45°00'00"W 19.09 feet); thence South 55.59 feet; thence along the arc of a 178.50 foot radius curve to the left 29.53 feet through a central angle of 9°28'41" (chord: S4°44'21 "E 29.49 feet); thence West 40.47 feet; thence South 34.72 feet to the point of beginning. Contains: 42,391+/- s.f. or 0.97+/- acres OWNERS DEDICATION KNOWN ALL BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER'S OF THE DESCRIBED TRACT OF LAND ABOVE, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO HEREAFTER BE KNOWN AS ENTRADA AT MOAB PHASE 2 DO HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, AND WARRANT, DEFEND, AND SAVE THE CITY HARMLESS AGAINST ANY EASEMENTS OR OTHER ENCUMBRANCES ON THE DEDICATED STREETS WHICH WILL INTERFERE WITH THE CITY'S USE, OPERATION, AND MAINTENANCE OF THE STREETS AND DO FURTHER DEDICATE THE EASEMENTS AS SHOWN FOR THE USE BY ALL SUPPLIERS OF UTILITY OR OTHER NECESSARY SERVICES. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF A.D. 20 LIMITED LIABILITY ACKNOWLEDGMENT ON THE DAY OF A.D. 2014 PERSONALLY APPEARED BEFORE ME , THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF , IN SAID STATE OF UTAH, , WHO AFTER BEING DULY SWORN, ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT OF L.L.C., A UTAH L.L.C. AND THAT HE SIGNED THE OWNERS DEDICATION FREELY AND VOLUNTARILY FOR AND IN BEHALF OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY ENTRADA AT MOAB PHASE 2 LOCATED IN THE SO OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH PUBLIC WORKS APPROVAL APPROVED AS TO FORM THIS DAY OF , A.D., 2014. PLANNING COMMISSION APPROVED AS TO FORM THIS DAY OF , A.D., 2014 BY THE MOAB CITY PLANNING COMMISSION. MOAB CITY ENGINEER I HEREBY CERTIFY THAT THIS OFFICE HAS EXAMINED THIS PLAT AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. OFFICE OF THE CITY ATTORNEY APPROVED AS TO FORM THIS DAY OF , A.D., 2014. MOAB CITY COUNCIL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF A.D., 2014., AT WHICH TIME THIS SUBDIVISION WAS APPROVED AND ACCEPTED.. RECORDED# STATE OF UTAH, COUNTY OF GRAND, RECORDED AND FILES AT THE REQUEST OF: ENGINEERING AND SURVEYING, LLC 502 WEST 8360 SOUTH SANDY, UTAH 84070 PH: (801) 352-0075 www.focusutah.com PUBLIC WORKS DIRECTOR PLANNING COMMISSION CHAIRPERSON DATE MOAB CITY I\T8 ATTORNEY FOR MOAB CITY ATTEST: CITY CLERK MAYOR DATE: TIME: FEE $ BOOK: PAGE: GRAND COUNTY RECORDER VICINITY MAP Curve Table CURVE RADIUS DELTA LENGTH CHORD DIRECTION CHORD LENGTH Cl 13.50 3°30'01" 0.82 S88°14'59"W 0.82 C2 13.50 86°29'59" 20.38 S43°14'59"W 18.50 Line Table LINE LENGTH DIRECTION Ll 4.96 N90°00'00"W PLAT PREPARED BY r- \ ENGINEERING AND SURVEYING, LLC 502 WEST 8360 SOUTH SANDY, UTAH 84070 PH: (801) 352-0075 www.focusutah.com PRIVATE ONERSHIP LIMITED COMMON OWNERSHIP COMMON OWNERSHIP SOUTH a CORNER OF SECTION 35, T25S, R21E, SLB&M 35 - Y ORCHARD VILLA TOWNHOMES PHASE 2 ENTRADA AT MOAB PHASE 3 TOWNHOME SUBDIVISION LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH N89°56'00"E 122.74 205 206 207 208 w 0 0 0 0 .87 N90°00'00"W 109.00 A.00( X )X X X X X )c X X X X X X /3.00 ---I 27.17 301 0 1521 sqft 27.17 27.33 302 0 1531 sqft 27.33 27.33 303 0 1531 sqft 27.33 27.17 304 1521 sqft 27.17 0 0 0 0 0 0 6.87 u� co 0 O EAST 51.10 CANYONLANDS HEALTHCARE SPECIAL SERVICE DISTRICT 752/54 26' SEWER, WATER, DRAINAGE, & ACCESS EASEMENT IN FAVOR OF MOAB CITY ENTRY No. BOOK PAGE WEST- ----87:0- O O AT MOAB -PHASE-2 204 203 202 ROUZER 437/234 =13.5b- A=9 *00'00 r' =21.2r1 °00'00 "E 19.09 I R= A=9° L CH=N4 °114'21 "W i 78.50 8'41 " I 29.53 9.49 M - - - N90�0100"AL - -86,79- 0 EAS2--0- 26.34 z 86.79 0 N90°00'00"E 470 NORTH _(PRLYAT ,ROAD) N90°00'00"W 86.79 00 0 0 1 27.17 305 0 1521 sqft 27.17 27.33 306 0 1531 sqft 27.33 27.33 307 0 1531 sqft 27.33 27.17 308 1521 sqft 27.17 0 0 (V\00/V\/\(3".407 N90°00'00"E 109.00 LI 0 r w 0 0 0 0 0 00 00 WEST 124.20 QVTRADA AT MOAB ?HASE 1 104 103 102 \ 101 v Lri M •\_ co O z POINT OF BEGINNING 400 NORTH MEASURED: S89°54'00"W 2,642.46 30 N GRAPHIC SCALE 0 15 30 60 120 ( IN FEET ) 1 inch = 30 ft. NOTES 1. ALL COMMON AND LIMITED COMMON AREAS ARE HEREBY DEDICATED TO AND WILL BE MAINTAINED BY THE ENTRADA AT MOAB HOME OWNERS ASSOCIATION AS PUBLIC UTILITY AND DRAINAGE EASEMENTS. SOUTHEAST CORNER OF SECTION 35, T25S, R21E, SLB&M _ 654.63 _ _ ,/) 35 36_ S89°54'00"W Y 2 1 SURVEYOR'S CERTIFICATE I, Dennis P. Carlisle, do hereby certify that I am a Professional Land Surveyor, and that I hold Certificate No. 172675 in accordance with Title 58, Chapter 22 of Utah State Code. I further certify by authority of the owners(s) that I have completed a Survey of the property described on this Plat in accordance with Section 17-23-17 of said Code, and have subdivided said tract of land into lots, blocks, streets, and easements, and the same has, or will be correctly surveyed, staked and monumented on the ground as shown on this Plat, and that this Plat is true and correct. DENNIS P. CARLISLE PROFESSIONAL LAND SURVEYOR CERTIFICATE NO. 172675 BOUNDARY DESCRIPTION A portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, located in Moab, Grand County, Utah, more particularly described as follows: Beginning at a point located S89°54'00"W along the Section line 654.63 feet and North 190.43 feet from the Southeast Corner of Section 35, T25S, R21E, S.L.B.& M.; thence West 124.20 feet; thence Northwesterly along the arc of a 178.50 foot radius non -tangent curve (radius bears: N80°31'19"E) 29.53 feet through a central angle of 9°28'41" (chord: N4°44'21"W 29.49 feet); thence North 55.59 feet; thence along the arc of a 13.50 foot radius curve to the right 21.21 feet through a central angle of 90°00'00" (chord: N45°00'00"E 19.09 feet); thence East 26.34 feet; thence North 37.00 feet; thence West 87.05 feet; thence North 90.70 feet; thence N89°56'00"E 122.74 feet; thence South 90.85 feet; thence East 51.10 feet; thence South 135.48 feet to the point of beginning. Contains: 26,762+/- s.f. or 0.61+/- acres OWNERS DEDICATION KNOWN ALL BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNER'S OF THE DESCRIBED TRACT OF LAND ABOVE, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO HEREAFTER BE KNOWN AS ENTRADA AT MOAB PHASE 3 DO HEREBY DEDICATE FOR THE PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE, AND WARRANT, DEFEND, AND SAVE THE CITY HARMLESS AGAINST ANY EASEMENTS OR OTHER ENCUMBRANCES ON THE DEDICATED STREETS WHICH WILL INTERFERE WITH THE CITY'S USE, OPERATION, AND MAINTENANCE OF THE STREETS AND DO FURTHER DEDICATE THE EASEMENTS AS SHOWN FOR THE USE BY ALL SUPPLIERS OF UTILITY OR OTHER NECESSARY SERVICES. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF A.D. 20 LIMITED LIABILITY ACKNOWLEDGMENT ON THE DAY OF A.D. 2014 PERSONALLY APPEARED BEFORE ME , THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY OF , IN SAID STATE OF UTAH, , WHO AFTER BEING DULY SWORN, ACKNOWLEDGED TO ME THAT HE IS THE PRESIDENT OF L.L.C., A UTAH L.L.C. AND THAT HE SIGNED THE OWNERS DEDICATION FREELY AND VOLUNTARILY FOR AND IN BEHALF OF SAID LIMITED LIABILITY COMPANY FOR THE PURPOSES THEREIN MENTIONED. MY COMMISSION EXPIRES NOTARY PUBLIC RESIDING IN COUNTY ENTRADA AT MOAB PHASE 3 LOCATED IN THE SE4 OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH PUBLIC WORKS APPROVAL APPROVED AS TO FORM THIS DAY OF , A.D., 2014. PLANNING COMMISSION APPROVED AS TO FORM THIS DAY OF , A.D., MOAB CITY ENGINEER I HEREBY CERTIFY THAT THIS OFFICE HAS EXAMINED THIS PLAT AND IT IS CORRECT IN ACCORDANCE WITH INFORMATION ON FILE IN THIS OFFICE. OFFICE OF THE CITY ATTORNEY APPROVED AS TO FORM THIS DAY OF , A.D., 2014. MOAB CITY COUNCIL PRESENTED TO THE MOAB CITY COUNCIL THIS DAY OF RECORDED# STATE OF UTAH, COUNTY OF GRAND, RECORDED AND FILES AT THE REQUEST OF: PUBLIC WORKS DIRECTOR 2014 BY THE MOAB CITY PLANNING COMMISSION. PLANNING COMMISSION CHAIRPERSON DATE MOAB CITY E�Rd ATTORNEY FOR MOAB CITY A.D., 2014., AT WHICH TIME THIS SUBDIVISION WAS APPROVED AND ACCEPTED.. ATTEST: CITY CLERK MAYOR DATE: TIME: FEE $ BOOK: PAGE: GRAND COUNTY RECORDER r 2 3 9. s 0 0 s 0 9 8J Kd.1I Hill 1Il •.I My, NVrld ONISVHd gow upaijug 11 Iq PO. 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LTE7 400 North Development 1 inch = 60 feet 0 30 60 120 180 240 �Eig 11P O lid. Wow ._ 300 Feet 360 11245 064'"' � y a) a) a ell Entrada at Moab 0 50 100 200 300 1 inch = 150 feet 400 Feet Page 86 of 184 N SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT For Entrada at Moab, Phases One through Seven Master Planned Development For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Snow Hound Moab, LLC, (Subdivider) mutually referred to as the "Parties", do hereby enter into the following Subdivision Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal Code (City Code) Sections 16.20 and 17.65.120, to govern the development of the subject property and the installation of subdivision improvements required by City Code. I. RECITALS. A. The City Planning Commission (Commission), as the recommending body to the Land Use Authority for preliminary subdivision plat and Master Planned Development approval, after following all required procedures and meeting noticing requirements, approved a Preliminary Plat for the Entrada at Moab Master Planned Development (MPD) on April 8, 2014 (the Subdivision). B. On August 10, 2014, the Commission, after following all required procedures and meeting notice requirements, recommended conditional approval of the final plan for Phases One through Three of the Entrada at Moab MPD to the Moab City Council (Council). C. The Council, as the Land Use Authority for Final Plat approval, approved the final plan for Phases One through Three of the Entrada at Moab, MPD at its regular City Council meeting on, Ayr , 14-1 2015. D. SUBDIVIDER has submitted to CITY for its review construction plans and specifications entitled ENTRADA AT MOAB MPD CONSTRUCTION DRAWINGS SURFACE AND UTILITY IMPROVEMENTS (sheets Riot- i-1081 C -C4 API - YP3, 91- 03 inclusive dated , 1 '; , 2015 , �Ao1 _ I-203 1 �Q'' ! ) having been prepared by Focus Engineering and bearing the stamp of a licensed Professional Engineer and landscape plans having been prepared by Bratt, Inc. and bearing the stamp of a licensed Landscape Architect, attached as Exhibit A (the Construction Plans). The Construction Plans show in sufficient detail the Required Improvements for the Subdivision. II. AGREEMENT IN CONSIDERATION OF THE ABOVE PREMISES, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement (the Page 87 of 184 l' Entrada at Moab MPD Phase 1-7 SIA Page 2 of 12 Property) is described as follows: Section 35; Beginning at a point which bears North 38.8 feet and West 384.0 feet from the Southeast Corner of section 35, Township 25 South, Range East, SLM; thence North 89°50' East 435.3 feet; thence North 114.5 feet; thence South 89°54' West 100 feet; thence north 261 feet; thence North 89° 56' East 575.3 feet; thence South 377.2 feet to point of beginning. 2. Payment of Fees; Approved Land Uses. Subdivider agrees to pay all in -effect City fees applicable to the Subdivision, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall calculated and paid at the time of connection or the time when the service is performed. The uses permitted in the Subdivision shall correspond with the residential uses as established for the C-2 Zone in Moab Municipal Code Section 17.45. Subject to the conditions in this Agreement, the Property has been authorized for the following uses and activities: APPROVED LAND USES FOR THE PROPERTY: Usage/Density Acreage Percentage of Project Acreage 45 townhome units/lots 1.37 30 Clubhouse/Pool Area .32 7 Open Space Passive Active 1.915 .15 1.765 42 Streets, Roads, Parking .995 21 Total Acreage 4.6 100 a). The configuration of the Subdividion and the uses therein shall conform to the Construction Documents as set forth in this Agreement. 3. Phasing Plan. The Subdivision will be constructed in seven phases, as set forth in the Phasing Table attached as Exhibit B. Subject to compliance with this Agreement, the Subdivider may submit for approval by the City and recording separate final plats encompassing one or more phases of the Subdivision. Page 88 of 184 Gr Entrada at Moab MPD Phase 1-7 SIA Page 3 of 12 4. Required Improvements. Subdivider shall construct all of the improvements to the Property shown on the Construction Plans, and as described in the Subdivision Improvement Schedule attached as Exhibit C (the Required Improvements). Required Improvements shall include the public improvements shown on the Construction Plans, as well as the following: (a) Site clearing and removal of obstructions; (b) General site grading of the Property; (c) Site utilities, including culinary water lines, fire hydrants, and sanitary sewer lines; (d) Streets, curbs, gutters, and sidewalks; (e) Street striping, signage, and street lights; (0 Storm water drainage facilities; (g) Non -motorized pathways; (h) All landscaping, irrigations systems, fencing, or other visual screening required as a condition of approval; (i) all electric utility lines, cable television/data, and telephone lines; and (j) all incidental improvements necessary or specified for use and occupation of the Subdivision. 5. Phase One through Three Improvements. Phase One through Three improvements include: a) site grading for the entire Property; b) construction of the curbs, gutters, sidewalks, and street paving as shown for Phases One through Three; c) construction of a sidewalk twelve (12) feet in width along the frontage of 400 North Street; d) culinary water line replacement in 400 North Street; e) inspection and (if necessary) replacement of the storm drain in 400 North Street, as determined by the City; 0 installation of all culinary water lines and sewer lines as necessary to serve Phase One through future Phase Seven; g) installation landscaping equal to that shown on the North boundary of the Property (Landscape Plan L 101) along the East boundary of the Property; and h) all other Required Improvements to serve Phases One through Three. a) The parties acknowledge that the phasing plan contemplates the installation of utilities in advance of approval of development plans for future Phases Four through Seven. With respect to culinary water and sewer lines to be constructed in within the areas planned for future Phase Four through future Phase Seven, the Subdivider agrees to promptly convey a utility easement to the City encompassing the areas occupied by those public improvements as set forth in Exhibit D. b) This Agreement and the accompanying land use approvals by the City are expressly subject to the condition precedent that the State of Utah Division of Environmental Quality (DEQ) approve a written special exception with respect to Utah Administrative Code R309-550-7 pertaining to the proximity and alignment of the proposed culinary water and sewer lines in the Construction Plans. In the event that the special exception is not approved by Utah DEQ, this Agreement and the accompanying land use approvals shall be void and of Page 89 of 184 a/ Entrada at Moab MPD Phase 1-7 SIA Page 4 of 12 no further effect. 6. Phase Four through Seven Improvements. Improvements for Phases Four through Seven shall include the construction of all other Required Improvements for each phase. 7. Improvements to be Completed in Conformance with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, applicable building codes, and all state and federal regulations, as applicable. Where discrepancies occur between the Construction Plans and the listed reference standards, the reference standard shall prevail. 8. Timeline for Completion. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements for Phases One through Three shall be completed within one hundred eighty (180) days from the Effective Date of this Agreement. a). Construction of Required Improvements for Phases Four through Seven shall be completed within one hundred eighty (180) days from the date of approval of the final plan by the City Council of those phases. b). A reasonable extension of time for the completion of the Required Improvements for any phase may be granted, at the discretion of the City Council, upon a showing by the Subdivider that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement or the approval of any particular phase, as applicable. c). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the Subdivision and all development approvals shall be deemed lapsed and shall have no further effect. 9. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such time as all of the Required Improvements are completed in accordance with the phasing plan in this Agreement and, with respect to public improvements, accepted by the City. No final plat for the Subdivision, or any phase thereof, shall be executed by the City or submitted for recording until such time as either: a) all of the Required Improvements are completed in accordance with the phasing plan in this Agreement and, with respect to public improvements, accepted by the City; or b) a Financial Assurance conforming to Section 11 is delivered to the City. Subdivider shall not convey or purport to convey any lot within the Subdivision prior to the recording of the final plat for the phase in which that lot is situated. Any purported conveyance of lots by Subdivider prior to approval and recording of a final plat for any phase of the Subdivision, L� Page 90 of 184 Entrada at Moab MPD Phase 1-7 SIA Page 5 of 12 or otherwise in violation of this Agreement, shall be void. 10. Acceptance of Improvements, Warranty. All of the public improvements comprising the Required Improvements shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Subdivider or its authorized representative shall provide not less than forty (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Subdivider. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Subdivider. Any work which is covered up prior to inspection may be rejected, in which case Subdivider shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the public improvements comprising the required Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Subdivider to the City of all such improvements. Subdivider shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. b). Subdivider warrants that all public improvements dedicated to the City shall be constructed in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Subdivider shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). To partially secure this obligation, Subdivider shall deposit with the City a sum equal to ten percent (10%) of the construction cost, as determined by the City Engineer, for public improvements comprising the Required Improvements (the Warranty Deposit). Cost estimates for the public improvements for Phases One through Three shall be provided by Subdivider to the City no later than fifteen (15) calendar days from the Effective Date of this Agreement. Cost estimates for Required Improvements in subsequent phases shall be provided to the City concurrent with Subdivider's application for final plan approval as to those subsequent phases. d). The Warranty Deposit shall be paid by the Subdivider before recording of the final plat for any phase. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Subdivider upon expiration of the warranty period for the subject improvements. In the event of any default following delivery of written notice to Subdivider with respect to Subdivider's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. e). Subdivider additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the public improvements. 11. Financial Assurance. If the Required Improvements are not completed within the Page 91 of 184 • c� Entrada at Moab MPD Phase 1-7 SIA Page 6 of 12 one hundred eighty (180) day deadline specified in this Agreement, or if Subdivider desires to record a final plat in advance of the completion of the Required Improvements, the Subdivider may, subject to approval by the City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit of City and to secure the completion of the Required Improvements. The Financial Assurance shall be in the form of a performance/payment bond, escrow account, letter of credit or other financial instrument approved by the City Attorney in an amount which is not less than one hundred forty percent (140%) of the construction cost, as reviewed and approved by the City Engineer in writing, of the remaining improvements which are not completed. If a Financial Assurance is approved according to this Section 11, Subdivider shall have up to one hundred eighty (180) additional days from the Effective Date of this Agreement or, with respect to Phases Four through Seven, the date of final approval of the applicable phase, in which to complete the Required Improvements. The parties agree that, with respect to Phase One through Three improvements, Subdivider may elect to deliver a Financial Assurance to secure completion of any of the Required Improvements. 12. Cease and Desist Notice. If the Required Improvements have not been completed within the time provided in this Agreement or, in lieu of same, a Financial Assurance approved pursuant to Section 11, above, then the City may issue an immediate cease and desist order to Subdivider and all work shall be discontinued until such time as an acceptable Financial Assurance has been established. If Subdivider fails to take timely steps to deliver an acceptable Financial Assurance or complete the Required Improvements, then the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such other remedies as may be available under this Agreement or at law. 13. Partial Releases of Financial Assurance. Upon partial completion of any class of improvements within the Required Improvements Subdivider may request a partial release of the Financial Assurance. The amount of the release shall be equal to the agreed cost of the completed improvements, as determined by the City Engineer. Partial releases shall not be made for partial completion of a class of improvements. a). In order for Subdivider to receive such partial release, the following shall . be presented to City: i. A completed Escrow/Financial Assurance Partial Release Form supplied by City and signed by a professional engineer serving as agent for Subdivider; ii. Copies of all quality assurance test results/inspection reports required for the completed improvements; iii. Copies of all weight/quantity tickets for materials incorporated in the work for all items that were estimated on the basis of weight/quantity; and iv. Copies of all invoices or receipts for materials delivered to the site and incorporated in to the work for which a partial release is being requested. GL Page 92 of 184 Entrada at Moab MPD Phase 1-7 SIA Page 7 of 12 b). The partial release request shall be reviewed for completeness and accuracy by City Public Works Director and/or City Engineer. The City may adjust the amount of the request if field inspection shows that quantities. are not accurate, or all items of work have not been completed in accordance with the approved Construction Plans. c). City shall process a release request promptly following receipt of a complete application. 14. Final Release of Financial Assurance. If applicable, upon completion of all Required Improvements in accordance with the approved Construction Plans, Subdivider may request that the remainder of the Financial Assurance be released, provided that Subdivider delivers executed mechanic lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work, together with a written certification by Subdivider that all outstanding charges for the Required Improvements have been paid and that there are no other liens, encumbrances, or other restrictions affecting the improvements. 15. Use of Financial Assurance upon Default. Upon delivery of written notice to the Subdivider and expiration of any cure period, the City may then elect to draw upon the Financial Assurance as it deems necessary for the completion of improvements or cure of any default under this Agreement. 16. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Improvements for the phase in which the structures are located, as provided in this Agreement. 17. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Subdivider describing the act, event, or omission constituting a default, and allowing Subdivider a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Financial Assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. Page 93 of 184 Entrada at Moab MPD Phase 1-7 SIA Page 8of12 b). The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots within the real property specified in the affidavit. 18. Covenants and Recording. Subdivider shall provide a declaration of covenants, conditions, and restrictions (CC&R's) which are consistent with the terms of all development approvals for the Subdivision prior to the recording of the final plat for the first phase. The CC&R's are subject to review and approval by the City Attorney prior to any recording. a). This Agreement shall be recorded in the Grand County land records and constitutes an encumbrance against the subject Property. 19. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Subdivider in the ownership or development of all or any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the Subdivision, and any phases thereof, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is Page 94 of 184 G Entrada at Moab MPD Phase 1-7 SIA Page 9 of 12 specifically understood by the parties that; i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless/until the City accepts dedication of public improvements pursuant to this Agreement; and iii. except as otherwise provided herein, Subdivider shall have full power and exclusive control of the Property. h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. j). All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 2.17 East Center Street Moab, Utah 84532 Attn: City Manager To Subdivider: Chad Clifford Snow Hound Moab, LLC 10266 Oak Creek Lane Highland, UT 84003 Phone: 760-845-9758 Email: cc@msdland.com k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. 1). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 20. Indemnity. Subdivider shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any Page 95 of 184 Gc, Entrada at Moab MPD Phase 1-7 SIA Page 10 of 12 demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Subdivider, its members, managers, employees, agents, or contractors in connection with the development of the Subdivision and/or the performance of this Agreement. 21. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 22. Grading. All grading and soil disturbance undertaken in the development of the Subdivision shall be performed in conformity with Appendix J of the International Building Code (IBC) as adopted by the City. Subdivider shall obtain a grading permit as required and pay applicable permit fees. Subdivider shall employ best management practices to prevent or control erosion and/or pollutant discharge resulting from its construction activities. 23. Minor Plan Amendments. The City Planner shall have the authority to authorize in writing minor plan amendments as to the location or configuration of improvements or the like where such changes may become necessary because of unforeseen site conditions or design problems, provided that all such changes must be consistent with the overall intent and purpose of this Agreement. 24. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties and the Council has approved the final plan for Phases One through Three of the Subdivision. 25. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: A. Construction Plans B. Phasing Table C. Subdivision Improvement Schedule D. Access and Utility Easement Page 96 of 184 GL Entrada at Moab MPD Phase 1-7 SIA Page 11of12 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Subdivider as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder SUBDIVIDER: SNOW HOUND MOAB, LLC A Chad Clifford, Its Ma :gerDate STATE OF l L—GolOroC ° gt 5A )ss. COUNTY OF•6 ) The foregoin agreement was executed before me by Chad C c Cok , this 9s1/411 day of my hand and official seal. My commission expires: L�9uS ts I DOI (i) • Date CHERYL A. STAHLY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074018624 My Commission Expires August 6. 2016 Page 97 of 184 Address: , 2015. Witness Entrada at Moab MPD Phase 1-7 SIA Page 11 of 12 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Subdivider as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder SUBDIVIDER: SNOW HOUND MOAB, LLC Chad Clifford, Its Mana_ Date ao STATE OF �4414 CAA" ) )ss. COUNTY OF H, ) Date The foregoingagre ment was executed before me by CrcLd, CI vqpCck , this Sin day of Psix .‘ 1 , 2015. Witness my hand and official seal. My commission expires: • CHERYL A. STAHLY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074018624 %My Commission Expires August 6, 2016 ru..s-k- tit 201 CD • C a Notary Public, tate of 44taii•Cp\o'ad'° Address: Page 98 of 184 Entrada at Moab MPD Phase 1-7 SIA Page 12 of 12 STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Page 99 of 184 Entrada at Moab MPD Phase 1-7 SIA Page 12 of 12 STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by , this day of my hand and official seal. My commission expires: STATE OF UTAH ) )ss. COUNTY OF GRAND ) , 2015. Witness Notary Public, State of Utah Address: The foregoing agreement was executed before me by , this day of , 2015. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Page 100 of 184 ACCESS AND UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Snowhound Moab, LLC, a Utah limited liability company (Grantor), hereby grants and coveys an easement to the City of Moab, a Utah municipality(Grantee), as follows: 1. Grantor conveys to Grantee a non-exclusive easement for ingress/egress, construction, maintenance, and improvement of underground municipal culinary water and sewer pipelines, over and across the real property in the County of Grand, State of Utah, as described in the legal description prepared by Focus Engineering & Surveying, LLC, June 17, 2014, as described in Exhibit A, attached (the Easement). 2. The Easement shall be binding upon the Grantor, its successors, and assigns, and it shall burden the subject real property in perpetuity, unless abandoned by Grantee in writing. 3. Grantee shall substantially restore the surface of the Easement to the condition existing prior to disturbance following all construction and maintenance activities. Any structures or improvements which may be placed within the Easement by Grantor or others may be subject to removal by Grantee. 4. Grantor shall not interfere with, obstruct, or deny access to Grantee for actions undertaken consistent with the purposes of this easement. 5. Grantor warrants that this is a valid and binding obligation, executed after having obtained all lawful authority. 6. This Easement is governed by Utah law. Venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. Conveyed as of the date of execution by Grantor, below. Snowhound Moab, LLC By: Chad Clifford, Manager ACKNOWLEDGMENT The foregoing Access and Utility Easement was executed before me this Vkilday of pQt t l, , 2015 by Snowhound Moab, LLC, by and through Chad Clifford, its manager. Witness my hand and official seal. My commission expires: CIA-Au,-1- (a )gO1(o . ...,..,� CHERYL A. STAHL`, NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074018624 My Commission Expires August 6, 2016 Notary Publ. , State of 14ttk: Co\ so -do EXHIBIT D Page 101 of 184 (Entrada at Moab Phasing Table) Phase Development Included in Phase One 4 Townhomes for residential ownership and the use of short term and long term rentals Two 8 Townhomes for residential ownership and the use of short term and long term rentals Three 8 Townhomes for residential ownership and the use of short term and long term rentals Four 8 Townhomes for residential ownership and the use of short term and long term rentals, Pool , Clubhouse, and pedestrian amenities Five 6 Townhomes for residential ownership and the use of short term and long term rentals Six 7 Townhomes for residential ownership and the use of short tenn and long term rentals Seven 4 Townhomes for residential ownership and the use of short term and long term rentals Page 14 of 28 W Page 102 of 184 EXHIBIT B (Subdivision Improvements Schedule) General. The Entrada at Moab Project is being developed in seven Phases. The required Subdivision Improvements for the Project will consist of certain onsite and offsite infrastructure improvements. The Subdivision Improvements will likewise consist of seven separate phases ("Subdivision Improvement Phases") and will be tied to the development of the seven Phases for the Project. The Phases of development for the Project and the associated Subdivision Improvements for the Subdivision Improvement Phases are summarized below. Phase One Phase One Development. Phase One of the Project will consist of the following development components: Four Townhome Dwellings. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase One. The Subdivision improvement Phase - Phase One will include the following: 1. Internal Subdivision Roads. The main accesses to the Project from 400 North Street will be constructed as well as all internal streets (470 North, 600 West, and 650 West. Curb and gutter and the street surface of the interior streets are included in this phase with the sidewalks being constructed prior to issuance of a Certificate of Occupancy. 2. 400 West Frontage. The sidewalk and access into the Club house parking area that is adjacent to 400 North will be required to be constructed in Phase One. The required sidewalk is 12 feet in width and shall be constructed in a manner consistent with the Moab Construction Standards. 3. Parking. The developed parking in this phase will be limited to those spaces required for the units and the extra parking being provided by the developer for the units. 4. Stormwater Management. The proposed stormwater detention area is required to be constructed for Phase One. In addition, a storm drain that is located beneath the sidewalk and parallel to 400 North Street will be inspected by city staff for deficiencies and replaced. 5. Water System. Connections to the City Water System will be made by the City and a necessary increase in the size of the 400 North water line for this development, shall be completed from 500 West to the development. The City has negotiated additional easements from the adjacent Orchard Villa development to extend a water connection to other supply lines in the area. The developer shall extend water lines to the boundary lines for connection to these existing supply lines. The eastern extension shall be directed approximately 140 feet to the south to tie into an existing line and the plans need to be amended to reflect this change. These connections will improve the water system for the adjacent properties as well as the Entrada at Moab development and provide greater flow capability for fire protection. The water lines shall be extended throughout the development with Phase One as proposed by the developer. Page 15 of 28 Page 103 of 184 C/ v EXHIBIT C en a 6. Sanitary Sewer System. Connections to the City Sanitary Sewer System will be made and collection lines will be installed to serve the entire Project as proposed by the developer. 7. Shallow Utilities. Electric, natural gas, cable television and telephone lines will be extended with the construction of the water, sewer, curb, gutter, and sidewalk within easements and rights -of -way to serve Entrada at Moab, including each of the lots and development parcels included in Phase One. 7. Landscaping. A small amount of the required perimeter landscaping is located between the extension of 650 West and the project boundary line. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, Phase Two Phase Two Development. Phase Two of the Project will consist of the following development components: Residential Units. Four Townhome Dwellings. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long term rentals. Subdivision Improvement Phase - Phase Two. The Subdivision Improvement Phase - Phase Two will include the following: 1. Internal Subdivision Roads. Street surface, curb and gutter will be completed with Phase One. Sidewalks will be constructed prior to issuance of a Certificate of Occupancy for any structures in Phase Two. 2. Parking. The construction of parking in this phase will include those spaces required for the units and the extra parking being provided by the developer for the units. In addition, an overflow parking area consisting of 11 spaces will be constructed during this phase. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase. 4. Water System. The water distribution system will be extended to each townhome lot included in Phase Two during construction of Phase One. 5. Sanitary Sewer System. Sanitary sewer service for this phase will be completed during the constructed of Phase One. The sanitary sewer system will be extended to each lot in Phase Two. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Two. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Two are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, Page 16 of 28 Page 104 of 184 G Phase Three Phase Three Development. Phase Three of the Project will consist of the following development components: Residential Units Eight two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term and long-term rentals. Subdivision Improvement Phase - Phase Three. The Subdivision Improvement Phase - Phase Three will include the following: 1. Internal Subdivision Roads. Curb, gutter, and street surfaces will be constructed in Phase One. Sidewalks will be constructed prior to issuance of a Certificate of Occupancy for any structures in Phase Three. 2. Parking. The developed parking in this phase will be those spaces required for the units and the extra parking being provided for the units by the developer. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Three during construction of Phase one. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Three during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Three. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Three are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase. phase Four Phase Four Development. Phase Four of the Project will consist of the following development . components: Residential Units. Eight two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Amenities. A Pool and an associated Clubhouse will be constructed during this phase. A majority of the pedestrian amenities will also be included. Subdivision Improvement Phase - Phase Four. The Subdivision Improvement Phase - Phase Four will include the following: Page 17 of 28 Page 105 of 184 �v 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy. 2. Parking. The parking in this phase will be developed for those spaces required for the units and the extra parking being provided by the developer for the units. An additional 7 space parking area. between 400 North and the clubhouse will also be constructed 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area at the north end of the Phase as well as into the two detention areas located in Phases One and Six. 4. Water System. The water distribution system will be extended to each lot and development parcel included in Phase Four during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot and development parcel included in Phase Four during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot or parcel included in Phase Four. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Four are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase. Phase Five Phase Five Development. Phase Five of the Project will consist of the following development components: Residential Units. Six two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Five. The Subdivision Improvement Phase - Phase Five will include the following: 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parting. The developed parking in this phase will be those spaces required for the 6 townhome units and the extra parking being provided by the developer for the units. 3. Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention areas located at the north and west edges of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Five during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Five during construction of Phase One. Page 18 o4.28 Page 106 of 184 6. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Five. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Five are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, Phase Six Phase Six Development. Phase Six of the Project will consist of the following development components: Residential Units. Seven two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Six. The Subdivision Improvement Phase - Phase Six will . include the following: I. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the seven townhome units and the extra parking being provided by the developer for the units. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the street and to the required detention area adjacent to 400 North Street. 4. Two culverts will be required along with shallow swales to convey stormwater runoff. Two concrete cross -pans will be constructed to convey stormwater runoff across the surface of Lionsback Drive. 5. Water System. The water distribution system will be extended to each lot included in Phase Six. 6. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Six. 7. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase. Six. Phase Seven Phase Seven Development. Phase Seven of the Project will consist of the following development components: Residential Units. Four two-story townhomes approximately 2000 square feet in size will be constructed for sale to residents for full time occupancy and to others for short-term as well as long-term rentals. Subdivision Improvement Phase - Phase Seven The Subdivision improvement Phase - Phase Seven will include the following: Page 19 of 28 Page 107 of 184 1. Internal Subdivision Roads. Curbs, gutter and street surfacing will be constructed during Phase One. The sidewalks shall be constructed after completion of the structures in the phase but prior to issuance of a Certificate of Occupancy for any structures in the phase. 2. Parking. The developed parking in this phase will be those spaces required for the 4 townhome units and the extra parking being provided by the developer for the units. 3. Stormwater Management. Appropriate grading and construction of improvements shall direct the stormwater into the required detention area located at east edge of the Phase. 4. Water System. The water distribution system will be extended to each lot included in Phase Seven during construction of Phase One. 5. Sanitary Sewer System. The sanitary sewer system will be extended to each lot included in Phase Seven during construction of Phase One. 6. Shallow Utilities. Shallow utilities will be extended to serve each lot included in Phase Seven. 7. Landscaping. Perimeter landscaping is required after construction of the units in Phase Seven are complete. This shall be in place prior to issuance of a Certificate of Occupancy for any structure constructed in this phase, Page 20 of 28 Cc' Page 108 of 184 LOCATIO/ li z VICINITY MAP — GENEQ:k4tlikS ..r"..-.7:10''... 4°7-0-Ii4 44,... • LiLTt", -,4,-: .,,4, , ,....-.:.„,-.,.. ,t...,_....:,.._,.......................„.. 1 NOTICE • 1r , -." .... 7.4:r`F-4-Ta. ial,74`or,====."'"' .tatta a......... ENTRADA AT MOAB 24-1:1-49 PREPARED FOR: VERITAS, INC. LOCATED IN: MOAB, UTAH SITE MAP ENGINEER'S NOTES TO CONTRACTOR --"I'IFEe.‘TZ.:+:1317,^''.:A11/711121""Ftr•FP1.1i • 41.1.1-E,IKR MIMI., CO nIr FIAMAY 1.111WIPMMA-. - ;01 MO Wtolft • RWIrl [4.1017.17.7iit F.‘z,„ CONTACTS am& A Sheet List Table Sheet Number Sheet Title CI Cover C2 Preliminary Pal C3 C4 C5 C6 Fealuma end Open Space Plop Site, Sign, and Lighting Plan Guiding and Drainage Plan Detention Ilan C7 Utility Plan CS C9 Plating Plan Demolition Plan PP I 650 Wee flan and Profile PP2 600 West Plan and Profile PP3 070 Nora Plan and Plonk DI City Details D2 City Details D3 Additional Details FPI Final Plat Phase I FP2 Final Plat Phase 2 FP3 Final Plat Phase 3 Entrada at Moab COVER .611 C Page 109 of 184 ENTRADA AT MOAB PRELIMINARY PLAT A RESIDENTIAL PLANNED COMMUNITY LOCATED IN THE SE 1/4 OF SECTION 35 T25S. R21, SLRAM MOAB. UTAH ,, .... ............ „ . ..... ............ • -- 'HALF ,.. 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C [s p a E� .; z 4 Dr11C MPF NORTE I PLAN AND PROFILE PP3 Page 120 of 184 e 6 f } •J Page 121 of 184 epue6v wear No 111•1111,111,6M 711 WIASAVIIS@Iv owLUANIE a. °sn 1 A 1 spuloa AID In `avow geow epejug „1 t, 2 g• .._...D*_�_ _ , -:A IONA 9 R S i 0 Page 122 of 1.84 epue6v u.m.,,,.� YAMm� ,p... 1111/10g110.1MIA MC °Sl 1 .. N1 u iil.€I sii 90 1 `•- i . i 1 ! 8E Hi h I: IP 1q 11;3 SP130 p ll0ElEppv - Lfl'vow vow gpeuug Pit r cN i i a 0 Page 123 of 184 epue6v i '`OCATION 1 * S T- 1 a � I INDY L'ICMAP LEGEND .....r.v.'T. PAR US� F'O�PIIIG ANDS R T:YI G. LLL' h� Nvwirarr ENTRADA AT MOAB PHASE I TOWNHOME SUBDIVISION LOCATED IN THE SE: OF SECTION 35, T25S, R21E, SLB&M MOAB, GRAND COUNTY, UTAH GRAPHIC WALE `IOTES ?00 207 'OS I 301 302 .(.( SOT 00I NIO NORTH =r7= SURVEYORS CERTIFICATE �r BOUNDARY DESCRIPTION OWNERS DEDICATION m"' =tom 7.11 AT MOAB 1:=4".�..no ?MSS I TOWNIgME SUBDIVISION LW DEB ITABB.RY ACKNOWLEDGMENT s r. Af c�iM 0.R.,rt�lnRar urnrmwn,n� �r �n��,1rvn�r��.re ENiRADA AT MOAB PNASEI TOWNHOME SUBDIVISION uA� wAvam�v �i.�run¢uIn n it*OMAmCIV, RrOnni�nwlNinRn .-.R--. .HZM 1"VVA- nZTr.•r—_ NOAROTx cm". Page 124 of 184 s�aolrBnw,.— ��a LOCATION VIC.=MAP Liserdile Cnv mar LEGEND ENGINEERING AND r7R SURVEYING. LLC ENTRADA AT MOAB PHASE 2 TOWNHOME SUBDIVISION LOCATED IN THE SE} OF SECTION 35, T25S, R21 E, SLB&M MOAB, GRAND COUNTY, UTAH GRAMIC SCALE NURTH ..,.+�� ups' I 1 M...M. VMS''.IL " BOUNDARY DESCRIPTION " : 17.:2�� ��, gym OWNERS DEDICATION " " " ��" '�� ENTRADA ATOP. .onauv��..��.." PNASBI TWOSOME SIIBDIVIMON LIMITED LIABILITY ACKNOWLEDGMENT ENTRADA AT MOAB PHASE: `.'. TOWNNOME SUBDNLSIONv�� ,LP\P'PK.t Wun vn1PR1TP.��tlI�� ' I ax Page 125 of 184 SESKIMILRILSIDISal " NDAn tm awn, VICIN MAP Las. TakIe - j kGE10 sl amA �----�-- PLATPIEPARIM. AL N ttc US. LNGINEEMNG AND SUMVLYINC,on. etioraws,ws uC ENTRADA AT MOAB PHASE TOWNHOME SUBDIVISION LOCATED IN THE SE} OF SECTION 35, T25S, R21 E, SLB&M MOAB, GRAND COUNTY, UTAH GRAPHIC SCALE i NbATH ----- ----->o a-- t , OWNEA9 DFDICAl10H ..... ur FNINAOA AT MOAB rmme,n...m. PHASE] mwHlwreslmDmswH WIRED LIABILITY ALlWOwIFDGMENT • ,....._..�m,•Yyylm,.+Guw�.__ ' Izo„e._. o.I,....-,......,.,,Iwl1141:tar, ..r— .......,.. E.e..�....,e.,.......,. i Page 126 of 184 ENTRADA AT MOAB PHASE T mWNHOME SUBDIVLSION u.0naAW�vns ,muu&A. MeISDI rrit wa nm ' .00ry N 004 .A OZL S:nucx111,1101(11:0 held adc.,cpwr t • ; it • 1 1 ��� 'po• t.-r. ( - I, =, 1.`� lg • Ai p! ! : •. • IN '%� 1 1 1 • 1 I 1 ► l(IVOLiI.I,VA111.I1 .LS�A 00) ,, 7 _ \� ' oU t II I I' i t • i i ; 41 011/ g�� .iv Sul _ ' I� I °1,� �Oi I I I 1:1[: ��� < 1�i ° I a i { G If ' � eo�� Ott, J Ot• 1 ; I ;a.j �_' ilk W:' 00,/ � or. I i i•r�..� !!0 1 Imo.' � + + 1 I .so. �� 1 .:; L el 1 �QI , , .;I z 410 . 111 'a� �'�'N'Iltt 1 1 I cc1 _ Ii' . i ,4 a 1 Al _ j; • i I 1 I 41 e I I I 1 • --! ; I • ! 1 _BUM 059 ,.�.,f I�i I 1 j 1QV01I1I.I.VA01.0 1 I i )I _ �// *O.e..±. .., .�/ ' 1, •l a 1 1 "M f�ii 0 ni �1, O;if t 1 a., 1 1 v • I a' � , \I . _34 -4 L .1 .0.cx :r.., --j [} a J Page 127 of 184 epue6v PLANTING SCHEDULE ,Pwp name rwoonsver dodo. Gown. New PenrM fw Cosert Ara. Crotosoos .., 5 23 „oa aeea• Cwt. nay bob,ala Can. &eq w g Wno.rry Peer Cowan.. C,a4. Oak Common X*. Cedar of Labanol 37 ,.a pwuy Src Iowuyl I: I Semlifie Nona Ranting 9a 'Own-. Pe..n ,..qa... taro. a, Soother Gass 34 SonVro Marna ....a. Common Hamm .o Vino sdtaa Rant.. Sin ar„.tr:. a...wa a 3-Got •26 .an. s.nr.• te Rhos onanot. Alan akt.n, Yaeoo Gram Lae Sow Mane Circe t 33 Ccramaa Hama Jut,tra Sara 0 Car* prwa.. *rns sat..: . r Wit Pat of Gera Naos Ural OW Sot. vas. ♦tea s.r Pwiry s.a NOTES w everts. _ _ I) Nal har w emarer a pent pits a� raua er ua NO by to 7Si ro. w. » w era. a M ataaa .tit tts (3) 4.3.. re.s ran w raver-u.a a) Maa rawpar er S) war eu fauen from Nall sasat.ic . wens Law w tow nt. in waste. roes shawl at a S ay.. s) e n .yen _ to) S s)alma. . vc Ilya n .a...a e, a scrap .a.. eaaert> .wwo. .1 eras wixp Iran rat. to w ..rats ui NATIVE SEED MIX • s..ro"",,aa .... CCM=W. iasea= 3..... .per.. EPA.:" P� . beau WA. tACAA �� .w, w,=y ap an w a na., ...an OS 0011 ;: .." ate oa boa. rnilefaion OW* p. >wt.aw. Pow.. <Io..°".•• wra its .r.,t._ vas anau.nan RATE DECIDWI'S TREE PLANTING DETAIL sc.L4 'as OEy11,2RELN PLANTING DETAIL LANDSCAPE PERCEN TAGES- Formal Planter Beds 23,519 s 1 455I Open Space / Native Seed 24,994 s I 48% Rocs E1uich 3.635 s.f 7% G� Page 128 of 184 co 400 oft svr..c m mar m.. PPM..narr r..m ..rra Raien w R.I. Page 129 of 184 CC/ i ` L207 SYMBOL DESCRIPRON IRRIGATION LEGEND REMARKS ROM Of C9ga0n. - 1- 1 NAMSAA. sine n RNOAL CONTRACTOR MT.. IN 10. VALVE OOS °WILLI TO POSER AND VALVES :1 MANS 27E. UPI 406.0 .ARE (NNE SS) -/ .NHOSIA/it o nwa (CAW SM.GIAE b 1,4 u . L.0 (912 AS NO. PUNT SDHmIAE A9 MAN UK (LIKES. owu.SE Ao11331 rOT.AS 200 SarE (92E TO SE A ION. DP Two IN. 9A IDI OF Pa LATERAL) CO.DNATE M/0940RITE . ASPHAV 1• GAUPS CENTRO- SASE (SON .PEP. SMILE STRAW) IRRIGATION NOTES I) LANDSCAPE CONTRACTOR (LC.) SHAu PROMDE AND INSTALL SIEVES FOR ALL PIPES AND WIRES UNDER PAWAIENi AND SDEwALKS. SLEEVES SHALL BE 2 SZES LARGER MAN PIPE INSDE. ALL WIRING UNDER HARDSCAPNG SHAu BE IN SEPERATE SLEEVES (NOT SNOW.). 2) MAIN LINES SHALL BE IS' DEEP YIN. AND LATERAL LINES 12 DEEP IAA NO ROCR SILL: BE ALLOrto w 1RENOHEs. D) ALL MAN UNES AND LATERALS SHALL BE SCR AO PVC A) PROVIDE AN AS -BUILT. REPRODUCIBLE DRAWING TO OWNER SNOvANG ALL DRAINS. HEADS. VALVES. ANC PIPES. PROVIDE INSTRUCTIONS TO RANTENANCE PERSONNEL FOR MNiEAIZATION SYSTEM SHALL BE BLOWN OUT WM AN AR COMPRESSOR EACH GALL THROWN OUICN COUPLER VALVES. S) RACE PIPES, VALVE BOXES, MID ALL OTHER SPR'NKLER CONSTRUCTION IN LANDSCAPE AREAS. ALL FARES SHAi1 BE ON PROPERTv Cr OWNER. VALVE BOBS W PLANTER AREAS SNALL BE TAR OR BROWN IN COLOR. VALvE BOXES SHALL BE CAPABLE OF BEING BOLTED CLOSE] AFTER NSTALLATION. B) LC.HSNo E i WA CAMS. UTo TIDE STTHARED SEFCRE MONO. ANY GM.IAGE TO THE unLnEs SHALL BE REPNRED AT ME ExPENSE OF ME L.C. 2) YNN UNE SHALL BE I-1/2' (UNLESS OMERPASE NOTED) LATERAL USES SHALL BE NO SAALLER MAN D/i . YNNUNE AND LATERAL UNE LATNT IS SCHEMATIC. ADJUST LOCATICN OF MNNUNE AND LATERAL ONES AS NECESSARY IN ORDER TO AvOID RANTING TREES. SHRUBS AND/OR RACING BOULDERS DIRECTLY OVER PINES. PIPES SHALL CARRY NO MOPE MAN ME FCCLONING: D/A' PIPE MAx. B GPM I" PIPE MAY 13 GPM I-I/4' PINE MAX. 23 CRY 1-1/2' PPE MAX. .ICI GPM INSTALL VALVE BOXES 12' MIN. FROM WALKS AND wALLS SOUARED NM ME WALK. LC SHALL OLT USE COMMERCIAL GRADE RAHBIRO PRODUCTS OR EOM LC. IS RESPONSBLE FOR ENSUPING ACNRATE COUNTS AND OVANTITIES HK ALL wPIGAna+ RADln ALS FOR BOONC AND INSTALLAnoN PURPOSES. )0) LC SHALL PRESSURE TEST SIAN AND VALWS Ai 1pG PS BEFORE BURIAL 11) ALL W� SSIALL AME. BE IN ACCCRCANCE MTN APPLICABLE OTT AND/OR COUNTY COLES MAL E LC. SHALL APPLY FOR L PERNNTS ANO PAT FOR .2) ACTUAL WSTALLATKKN OF IRRIGATION SVSRERA MAY vAPY SOMEWHAT FROM PLANS. CONTRACTOR MS RESPONSMS TO MAKE NECESSARY ADUJSTMCNTS AS NEEDED TO ENSURE PROPER OVERAGE OF ALL LANDSCAPED AREAS. CONTRACTOR TO ADJUST HEADS TO PREVENT OvERSPFAY ONTO SOEWALKS. PARING LOTS. ETC. IU) PONEP TO CONTROLLER TO BE PROVIDED By OwVER, OWNER TO S'EOFY EXACT LOCATION OL CONTROLLER. A: CONTRACTOR Is RESPOMSBLE TO ENSURE SYSTEM DFAINS NRONZRLY INSTALL 'Amu. DRNNE AS NECESSARY. NSTALL RA IRO DUCK COUPLERS PER PLAN. HS) RAIN SENSOR DEMCE TO BE in/STALLED Ai OR NEAR CONTROLLER PER MANUFACTURERS RECOYYENOAODN'S. 17) STATIC PRESSURE AT POINT CF CONNECTION IS UNKNOWN. CONTRACTOR STALL FIELD X£RIFY EXACT STATIC PRESSURE PRIOR TO iNSTAWNG wNGATION SYSTEM. PRESSURE REDUCER TO BE INSTALLED IF STATIC PRESSURE EXOEMS 100 PS AT PONT OF CONNECTION IRE) 1-1/2" IRRIGATION STUB VINO STOP AND WASTE vALYE SHALL BE INSTALLED BY GENERAL CONTRACTOR. 1-1/2" BACKFLON PREWNWP TO BE 'NSTAILED BY LANDSCAPE CONTRACTOR 19) NO BLUE CADE ALLOWED FOR ANY PVC WELD CMNECnMi CONNECTIONS TO BE GLUED NM CRAY CEMENT AND PURPLE PRIMER PER ARuFACTURES SPECS. 20) IRRIGATION CONTROL NM SHALL BE AS FOLLOWS: WHITE WRE FOR COPILYN, RED TARE FOR HOT AND BLUE WIRE F'O? SPARE N.RE. PROVIDE ONE (I) SPARE MIRE FOR EVERY (D) REMOTE CONTROL VALVES IN ME IRRIGATION SYSTEM, SPARE WRE SHALL BE AVM_AEIE AI ALL E wIRE SHALL BE "HOME RUN" TO ME IRRIGATION CONTROLLER. ALL CONTROL NRE SHALL BE SOLID COPPER IA GAUGE, SHOES µD 9) A l VALVE ID TAG NAEvE 9IE CONTROLLER NUMBER, vALvE uuaER GALL PER MINUTE '�'wwmiswo..n-•�mnmi UICK COUPLING VALVE SCALENTS • tW PUMW B Nwph o NUL MG co NIT car.. RPM. MNwr [wart oar. rouges. /RCN Warr. Mc Page 130 of 184 Cz_ G O Inigaliou llclails ENCLOSURE T) • IPr,' MP:.0 (AT MA., TX PM I. PLUG POR CCRIPIESSOR KO ENCLOSURE ([4 OCT.) TM.. s PLACES) PALK OOP 2rt�� �H a asl J,TOP , ROM. �TO, a;`u(SE OETNLT [ War wr a a"1 Ra s.W<n¢ 0� .w° [[InNnra1 zrz.Iau[ww � B \BACKFLOW PREVENTER SCALE.NTS �r1mcR_ PPG 0.133 MTV Pmar RAN PTO =R 0 / �klU.0 SO MKS fMI 024-oRf-ra TaT .w 1.0.[2-100m w SMALL. CLOSE (I Cr S) \ MC 1.47[ MC NAM. SST.-WMR W.Wm SA`.6 Cr .) .rC sr ) E \DRIP CONTROL ZONE KIT SCALENTS a_03ARDSKAM.,11T. (uKTOCERCO . u M) OCAGED ENCLOSURE SCALE NTS NAP MO 304-015 R. na TANGRNR •1 MU Mr..031101 PRO PER AMMO /—"ItrrT "'`YM0 AUTOMATIC IRfiGATION CONTROLLER IN A STAIN.. STEEL CABINET KNEADED CONNECTOR TO s BOTH. OF CCNTRO.ER METAL ELECIRICAL JUNCKON BOX BY OTHERS 2 I/2' RIGID STEEL CONDUIT LOCATED NEXT TO WALL (ONE FOR EACH CONTROLLER) OOLONG WALL BUILDING FLOOR 1 WAIN FlNI GR 2 I/2' MOD STEEL CONDUIT SWEEP ELBOW. 12. RADIUS LNN. CONTROLLER DETAIL \ --- 10.N TrBMWAY2.1sr awa a DON �sM-0. 03100 [ I. r,..w'O'.S43-1O01[.a TO •ISTr MNKCTw Barn. SCALE NTS FM I TIER N=SE.ND aAUT_res MOW. / CRASS. PAW • ALL PLO SCHFMATIC EMITTER LAYOUT C vw sME a T.'" Sr"S.R wNr vs.. TW ENO 01116 O° ..A mE CrPLw^%. 'LIAPPT1,4 :A[ DRIP IRRIGATION NOTFS- n RS P.ORID 3111MMRI__ 413 AS _ CAP RPM 31 UN RAPTD00 RANO AS WORD P. 1.120 SPACE POOR A) ALL Id LECIND A . S/.. mm. .o MC NOIR mmRWz • sl A110 +4111nsR[ [T WsmAu L' im1v .iOrla�MO 01 [� POOPS WE WM. IN [• ODA. r.. [m a,. 0T 000 MAC RPM" M.P. Cr MOPE OP [, af0.c WOW MOO PIP DOSPOS w ORO a I rw IMVO ms MK SMALL NOT COCI. . au F \LANDSCAPE XERI- TUBE DETAIL SCALE.NTS ws wart N NM.[.1, d w[rt. 4. OR NOT car CR *P.M. amour [oafs wro, "a.m. rAW Page 131 of 184 ACCESS AND UTILITY EASEMENT For good and valuable consideration, receipt of which is acknowledged, Snowhound Moab, LLC, a Utah limited liability company (Grantor), hereby grants and coveys an easement to the City of Moab, a Utah municipality(Grantee), as follows: 1. Grantor conveys to Grantee a non-exclusive easement for ingress/egress, construction, maintenance, and improvement of underground municipal culinary water and sewer pipelines, over and across the real property in the County of Grand, State of Utah, as described in the legal description prepared by Focus Engineering & Surveying, LLC, June 17, 2014, as described in Exhibit A, attached (the Easement). ti 2. The Easement shall be binding upon the Grantor, its successors, and assigns, and it shall burden the subject real property in perpetuity, unless abandoned by Grantee in writing. 3. Grantee shall substantially restore the surface of the Easement to the condition existing prior to disturbance following all construction and maintenance activities. Any structures or improvements which may be placed within the Easement by Grantor or others may be subject to removal by Grantee. 4. Grantor shall not interfere with, obstruct, or deny access to Grantee for actions undertaken consistent with the purposes of this easement. 5. Grantor warrants that this is a valid and binding obligation, executed after having obtained all lawful authority. b. This Easement is governed by Utah law. Venue for any dispute arising under this Easement shall be the Courts of Grand County, Utah. Conveyed as of the date of execution by Grantor, below. Snowhound Moab, LLC By: Chad Clifford, Manager r./6( ACKNOWLEDGMENT The foregoing Access and Utility Easement was executed before me this S1/4h day of Otip C'‘ \ , 2015 by Snowhound Moab, LLC, by and through Chad Clifford, its manager. Witness my hand and official seal. My commission expires: IAS4 .0 } aO (l.P • CHERYL A. STAHLY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074018624 My Commission Expires August 6, 2016 Notary Pub ic, State of Ifftah,-Ao1orc�ac) EXHIBIT D Page 132 of 184 S. ENGINEERING (Si SURVEYING. LLC LEGAL DESCRIPTION PREPARED FOR ENTRADA AT MOAB MOAB, UTAH (Revised: November 18, 2014) 5o2 West 836o South Sandy, UT 84070 P (801) 352-0075 F (801) 352-7989 PROPOSED ACCESS & UTILITY EASEMENT An access and utility easement located in a portion of the SE1/4 of Section 35, Township 25 South, Range 21 East, Salt Lake Base & Meridian, Moab City, Grand County, Utah, more particularly described as follows: Beginning at a point on the northerly line of 400 North Street as defined and described in Deed Book 469 Page 497 of the Official Records of Grand County located S89°54'00"W along the Section line 783.32 feet and North 40.48 feet from the Southeast Comer of Section 35, T25S, R21E, S.L.B.& M.; thence N89°50'00"W along said street 26.00 feet; thence North 107.91 feet; thence along the arc of a 187.00 foot radius curve to the left 32.43 feet through a central angle of 9°56' 15" (chord: N4°58'08"W 32.39 feet); thence N9°56' 15"W 2.59 feet; thence along the arc of a 213.00 foot radius curve to the right 36.94 feet through a central angle of 9°56' 15" (chord: N4°58'08"W 36.90 feet); thence North 77.59 feet; thence West 143.53 feet; thence North 26.00 feet; thence East 575.25 feet; thence South 166.93 feet; thence West 18.00 feet; thence North 140.93; thence West 84.06 feet; thence South 258.03 feet to the northerly line of said 400 North Street; thence N89°50'00"W along said street 26.00 feet; thence North 257.95 feet; thence West 277.66 feet; thence South 77.59 feet; thence along the arc of a 187.00 foot radius curve to the left 32.43 feet through a central angle of 9°56' 15" (chord: S4°58'08"E 32.39 feet); thence S9°56' 15"E 2.59 feet; thence along the arc of a 213.00 foot radius curve to the right 36.94 feet through a central angle of 9°56' 15" (chord: S4°58'08"E 36.90 feet); thence South 107.99 feet to the point of beginning. Contains: 30,897+/- s.f. L.� Page 133 of 184 1 State of Utah GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor April 8, 2015 Department of Environmental Quality Amanda Smith Executive Director DIVISION OF DRINKING WATER Kenneth H. Bousfield, P.E. Director Jeff Foster, Public Works Director City of Moab 217 East Center Moab, Utah 84532 Dear Mr. Foster: Subject: Amended Plan Approval & Exception to R309-550-7, Minimum Separation Requirements, Entrada at Moab Development, System #10003, File #9704 This amended letter supersedes the Plan Approval and Exception letter previously issued on September 25, 2014. On June 26, 2014, the Division of Drinking Water (the Division) received plans for the expansion of Moab City's water system to serve the Entrada at Moab development. Additional information was provided on September 2, 2014, satisfying requirements for hydraulic modeling. The Division previously issued a Plan Approval and exception to Rule R309-550-7 for this project on September 25, 2014. At the request of the consulting engineer, an additional hydraulic analysis was performed to determine if the 8-inch diameter pipeline looping the proposed development to the existing development north was required. The results of this analysis, received November 4, 2014, indicate this loop is not required. The analysis was performed by Steven Jones of Hansen, Allen and Luce, Inc. Moab City will make the interconnection to the existing development utilizing stubs constructed as part of this project. The Entrada at Moab development consists of 43 condominium units. Approximately 1,743 lineal feet of 8-inch diameter C-900 PVC pipe will be constructed to serve the development. In order to satisfy minimum requirements for fire flow and pressure required by Moab City, the existing 6-inch diameter pipe in 400 North serving the development will be replaced with 8-inch diameter pipe to 500 West. We have completed our review of the plans and specifications prepared by Focus Engineering under the direction of Thomas M. Romney, P.E., and find they basically comply with the applicable portions of Utah's Administrative Rules for Public Drinking Water Systems in R309. On this basis, the plans for the water lines serving the Entrada at Moab Development project are hereby approved. Due to the depth of existing utilities, intersecting water and sewer pipes serving the Entrada development cannot meet the minimum vertical separation requirements specified in R309-550-7 at 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144830 • Salt Lake City, UT 84114-4830 Telephone (801) 536-4200 • P09(80$-z5M-11241 • T.D.D. (801) 536-4414 www.deq.utah.gov Printed on 100% recycled paper Jeff Foster Page 2 April 8, 2015 three sites (600 W 400 N; 650 W 400 N; and 470 N 650 W). An alternate method of protection which provides a minimum of 18 inches of vertical separation, sewer line above water line, and no joints in the water pipe within 10 feet measured horizontally from the intersection with the sewer line is proposed. The Division received a revised exception request on April 3, 2015, from your consultant, Thomas Romney of Focus Engineering & Surveying. All water distribution pipe shall be HDPE DR11. Minimum separation described herein shall also apply to service laterals. A minimum horizontal separation of 10 feet shall be maintained between parallel water and sewer lines. On this basis, an exception to R309-550-7, Separation of Water Mains and Transmission Lines from Sewers and Other Pollution Sources, is hereby granted for these three locations. This approval pertains to construction only. An Operating Permit must be obtained from the Director before the new water lines may be put in service. A checklist outlining the items required for operating permit issuance is enclosed for your information. Approvals or permits by local authority or county may be necessary before beginning construction of this project. As the project proceeds, notice of any changes in the approved design, as well as any change affecting the quantity or quality of the delivered water, must be submitted to the Division. We may also conduct interim and final inspections of this project. Please notify us when actual construction begins so that these inspections can be scheduled. This approval must be renewed if construction has not begun or if substantial equipment has not been ordered within one year of the date of this letter. If you have any questions regarding this letter, please contact David Ariotti, at (435) 637-3671, or Ying-Ying Macauley, Engineering Section Manager, of this office, at (801) 536-4188. Sincerely, Michael J. Grange, P.E. Acting Director DRA Enclosure — Operating Permit Checklist cc: Bradon Bradford, Environmental Health Director, Southeast Utah District Health, bbradfor@utah.>ov Thomas Romney, Focus Engineering, tromney@focusutah.com David Ariotti, Southeast District Engineer, dariotti@utah.gov Eric Neil, Bowen Collins & Associates, eneil@bowencollins.com DDW -2014-016966.docx Page 135 of 184 ca c a) t) Q Division of Drinking Water Checklist for Issuing Operating Permits Water System Name: System Number: Project Description: File Number: The following items must be submitted and found to be acceptable for operating permit issuance with the exception of distribution lines without booster pumps and/or pressure -reducing valves. [Waterline projects without booster pumps and/or pressure -reducing valves may be placed into service prior to submittal of all items or the Division's issuance of an operating permit if: (1) the water system has officially designated a professional engineer (P.E.) responsible for the entire water system; and, (2) if this designated P.E. has received a "Certification of Rule Conformance" statement issued by a P.E. and evidence of satisfactory bacteriological sample result. In this case, a public water system will submit all items needed for obtaining an operating permit for each distribution system project even after the new waterlines have been placed into service as determined by the water system's designated P.E.I ❑ Utah Registered Engineer's Certification of Rule Conformance that all conditions of plan approval (including conditions set forth by the Division Director in any conditional approval letter) have been accomplished ❑ Utah Registered Engineer's statement of what plan changes, if any, were necessary during construction and a Certification of Rule Conformance that all of these changes were in accordance with applicable Utah Administrative Code, R309-500 through R309-550, Drinking Water Facility, Construction, Design, and Operation Rules ❑ As -built drawings have been received at the Division (unless no changes were made to the previously submitted and approved pre -construction drawings) ❑ Confirmation that the record drawings have been received by the water system (unless no changes were made to the previously submitted and approved pre -construction drawings) ❑ Evidence of proper flushing and disinfection in accordance with the appropriate ANSI/AWWA Standards ❑ ANSI/AWWA C651-05 AWWA Standard for Disinfecting Water Mains • Two consecutive sample sets (each 1200 feet, end -of -line, each branch, etc.), none positive, at least 24 hours apart ❑ ANSI/AWWA C652-02 AWWA Standard for Disinfection of Water -Storage Facilities • One or more samples, none positive ❑ ANSI/AWWA C653-03 AWWA Standard for Disinfection of Water Treatment Plants • Two consecutive samples per unit, none positive, no less than 30 minutes apart ❑ ANSI/AWWA C654-03 AWWA Standard for Disinfection of Wells • Two consecutive samples, none positive, no less than 30 minutes apart ❑ Water quality data, where appropriate [Guidance: Include appropriate raw and finished water data that demonstrate the performance of the new treatment facility. Storage tank water should be analyzed for residual volatile organic compounds after tank interior painting or coating.] ❑ Confirmation that the water system owner has received the O&M manual for the new facility ❑ Location data of new storage tank, treatment facility, or source, if applicable Page 136 of 184 Page i of z / MOAB CITY COUNCIL ME.F_IING 'APRIL 14, 2015 Agenda ltem #: 7-5 / / / PL-15-22 Title: Approval of Ordinance #2015-04 to Amend Chapter 17.65, MPD Master Planned Developments by Removing the Development Regulations from Specific Zones as Referred to Council by the Planning and Zoning Commission Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Background/Summary: Because of a recent application for a Master Planned Development, Staff has been made aware that the development pattern is not appropriate for zones that are not zoned Sensitive Area Resort (SAR). The Master Planned Development option was created specifically for the SAR Zone and too many issues have arisen in using this development tool for infill development in other zones. Some of the issues include lengthy delays in the review process and development that is not necessarily compatible with surrounding neighborhoods. Requirements such as 12 foot wide sidewalks in residential areas and the lack of specific requirements and accountability for commercial short-term rentals in mixed use developments make the use of a Master Planned Development extremely difficult to apply or enforce. The city could potentially see a better fit for development in zones other than the SAR from amended Planned Unit Development regulations. The required public hearing for this ordinance was held before the Planning and Zoning Commission at their regular meeting on March 26, 2015. The Commission voted 3-0 to favorably recommend the ordinance to Council for approval. Options: Council has several considerations to discuss. Council can: 1. Vote to send the ordinance to public hearing; 2. Adopt Ordinance #2015-04 and approve the text amendment removing the use of Master Planned Developments from all zones except the Sensitive Area Resort (SAR) Zone; 3. Vote to not adopt Ordinance #2015-04 and state the reasons; 4. Table the application until a later date and request additional information. Staff Recommendation: Staff recommends approval of Ordinance #2015-04. Recommended Motion: I move to adopt Ordinance #2015-04 to remove the use of the Master Planned Developments from all zones except the Sensitive Area Resort Zone. Agenda Page 137 of 184 Page z of z PL-15-zz City Council MPD Amendments April 14, 2015 Attachment(s): Draft version of Ordinance #2o15-04 showing changes Version of Ordinance #2o3.5-o4 with changes included p:\planning department\2015\correspondence\p1-15-22 cc mpd amend.docx Agenda Page 138 of 184 ORDINANCE #2015-04 AN ORDINANCE AMENDING CHAPTER 17.65, OF THE CITY OF MOAB MUNICIPAL CODE WITH NEW LANGUAGE CONCERNING MASTER PLANNED DEVELOPMENTS WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.65, Master Planned Developments, in an effort to provide greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations. WHEREAS, an MPD should promote more economical and efficient use of the land by providing better coordination of necessary infrastructure, site amenities, and protection of natural systems; and, WHEREAS, from time to time, the City Council (Council) has determined that it is necessary to amend the Moab Municipal Code (MMC) to coincide with current land use trends, satisfy state law, and to adjust MMC to adjust to the needs of a growing community; and, WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing held on , 2015, reviewed the changes to MMC Chapter 17.65; and, WHEREAS, the Commission found that adoption of the proposed language would benefit the residents of the City; and, WHEREAS, the Commission favorably recommends the new language to the City Council (Council) for review and approval; and, WHEREAS, Council reviewed Ordinance #2015-0? in a regularly scheduled meeting held on March _, 2015, to hear and decide the merits of the proposed changes to MMC Chapter 17.65, Master Planned Developments; and, WHEREAS, Council found that the changes benefit the residents of Moab. NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 17.65, Master Planned Developments, and amends the language as noted below: Chapter 17.65 MASTER PLANNED DEVELOPMENTS Sections: 17.65.010 Objectives and characteristics. 17.65.020 Applicability. 17.65.030 Considerations for approval. 17.65.040 Standards and requirements. 17.65.050 Reduction of physical design requirements. 17.65.060 Supplementary regulations. f m-ixed noon d,,.,,,l,..,..,ents wiCH;., a zenes7 17.65.070 Phasing. Agenda Page 139 of 184 17.65.080 17.65.090 17.65.100 17.65.110 17.65.120 17.65.130 17.65.140 MPD review procedures. Concept MPD. Preliminary MPD. Final MPD. Development agreements. Amendment procedures. Compliance with the approved development plan. 17.65.010 Objectives and characteristics. A. The intent of the master planned development (MPD) process is to provide greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations. An MPD should promote more economical and efficient use of the land by providing better coordination of necessary infrastructure, site amenities, and protection of natural systems. B. The MPD process should encourage innovative planning and provide a variety of housing types and configurations, resulting in more mixed -use development, improved protection of open spaces, and increased transportation options. C. Encourage developments that recognize the relationship between buildings and their use, open space and public spaces, pedestrian vitality, ecological process, and varied forms of transportation, providing opportunities for innovative and diversified development. D. Preserve, to the greatest extent possible, the existing natural and cultural landscape features and amenities that may not otherwise be protected through conventional development. (Ord. 06-17 (part), 2006) 17.65.020 Applicability. The master planned development designation may be applied as an overlay within the city's Sensitive Area Resort Zone (SAR)zoning districts as noted in this section. An applicant may elect to develop a project as a master planned development in compliance with the requirements of this chapter. I -Ft addition, the city requires that the development in the sensitive area resort (SAR) zone be processed using the provisions of this chapter. A. Type of Development. An MPD may be developed as a residential MPD or a mixed use MPD. 1. Residential MPD. A residential MPD consists entirely of residential uses and shall not contain encouraged. 2. Mixed Use MPD. A mixed use MPD consists of both residential and appropriate commercial uses that are allowed by right in the underlying zoning. Agenda Page 140 of 184 -BA. Sensitive Area Resort (SAR) Zones. Residential or mixed -use master planned developments shall be required in the SAR zone pursuant to this and all other applicable ordinances. The minimum size for a MPD in the SAR zone is forty acres. C. Commercial (C) Zones. Mixed use master planned developments shall be permitted as of right for other applicable ordinances. developments equal to or greater than three contiguous acres -in -all residential-zones-pur.,uu^"^ +this -a d all other applicable ordinances. options for master planned development types within underlying zones: Type SAR RA4 R4 F--2 R-3 Ft-4 RC-1 C--1- C-2 C-3 C-4 65 Residential MPD Permitted P P P P P N-P N-P N-P N-P N-P N-P 40 ac. Minimum 3 acres Mixed -Use MPD Permitted N-P N-P N-P N-P N-P P PP PPP 40 ac. um - acre -inim- P - Pcrmittcd, NP - Not Permitted F. Conflicts. When provisions within this chapter expressly allow for a deviation from an existing city code, all provisions herein shall apply. G. Exceptions. The land use authority shall have the discretion to grant exceptions from portions of this chapter for any of the following conditions: 1. Commercial establishment size limits may be increased. 2. Open space/amenities dedications in a mixed -use MPD may be varied to allow up to fifty percent of the required "public amenities" area to be privately owned. 3. Adjustments may be made in open space allocations for purposes of satisfying the requirements for differing types of open space, provided the adjustments are consistent with the overall intent of this chapter. 4. Public street widths may be less than thirty-three feet with public works and engineering approval. 5. Commercial floor space requirements in mixed -use MPD may be reduced when supplemented by moderate -income housing. Agenda Page 141 of 184 6. Mixed -use MPD setback requirements when adjacent to residential zones may be decreased when supplemented with other buffering or public amenities. 7. Setback requirements on commercial buildings adjacent to public streets may be reduced to a zero lot line when the areas are used for outdoor gathering spaces, courtyards, pocket parks and other pedestrian amenities. H. Allowed Uses. Uses allowed in the MPD overlay are those specified in the SAR Zone as identified in Chapter 17.32.under each underlying zone, except that multifamily residential development shall be permitted in the RA 1, R 1 and R 2 zones to achieve open space and density requirements of this chapter. (Ord. 07 07 (part), 2007; Ord. 06 17 (part), 2006) 17.65.030 Considerations for approval. A. Review Criteria. In reviewing a master planned development, the land use authority shall determine whether: 1. The site plan satisfies the requirements pursuant to this and all other applicable ordinances; 2. Buildings and structures are adequately grouped so that the corresponding required acreage is set aside as common open space or public amenity as required by this chapter. To the greatest degree practicable, common open space shall be designated as larger contiguous parcels and not divided into small unconnected parcels located in various parts of the development; 3. Pedestrians can easily access common open space; 4. The site plan establishes, where applicable, a consciously designed buffer to sensitive natural features, including natural drainages and visually significant ridges or other landscape features included in the required site inventory; 5. Individual lots, buildings, structures, streets, and parking areas are situated to minimize and mitigate the alteration of natural features, natural vegetation and topography; 6. The site plan accommodates and preserves any features of historic, cultural or archaeological value; 7. Floodways, ridges as expressed within the hillside development ordinance, areas of geologic hazard, and slopes in excess of forty-five percent shall be protected from development; 8. The master planned development advances the purposes of this chapter as stated in the objectives and characteristics. B. Special Conditions. The land use authority may, in its discretion, apply such special conditions or stipulations to the approval of a master planned development as may be required to maintain harmony with neighboring uses or landscape and to further promote the objectives of this chapter, the Moab City Agenda Page 142 of 184 general plan, and other applicable land use ordinances. Such conditions may include, but are not limited to, increased buffering or screening, special landscape requirements, architectural material or color requirements, and site layout for view shed and vista preservation. (Ord. 06-17 (part), 2006) 17.65.040 Standards and requirements. A. General Provisions. The following provisions shall apply to any master planned development; regardless of the requirements of the underlying zoning district: 1. Yield Density Determination. The maximum yield density for residential units in an MPD shall be determined by the maximum units per acre in the underlying zone. The maximum possible residential MPD units shall be determined by the total acreage of the proposed MPD parcel times the underlying zoning units per acre. Maximum units per acre in zones not explicitly describing a maximum unit per acre number shall be calculated by dividing the minimum single family lot size by one acre; resulting in the maximum units per acre for that zoning designation. a. Density reductions as applied by the hillside ordinance or other density reducing provisions within the municipal code shall not apply, pThere shall be no area, width and location requirements provided that minimum open space acreage is met, and floodways and all slopes in excess of forty- five percent are protected from development. 2. MPD Density Bonus. A residential density bonus of fifteen percent (.15 times maximum yield density) shall be granted for master planned developments in the SAR zone and residential 3. Moderate -Income Housing Density Bonus. An additional moderate -income housing density bonus of fifteen percent (.15 times the maximum yield density) may be granted provided that a majority (>50 percent) of total bonus density units meet moderate -income housing requirements as outlined in the Moab Moderate -Income Housing Plan. a. Moderate -income dwelling units used as the basis for approving a moderate -income housing density bonus shall be subject to a recorded deed restriction conforming with all applicable city affordable housing ordinances and policies. 4. Lot Size. No minimum area of lots shall apply within an MPD. 5. Setbacks. No minimum per -lot setbacks shall apply within an MPD, except perimeter setback requirements within a mixed use MPD. 6. Emergency Access. Each lot shall have a minimum of one twenty -foot wide dedicated emergency access to a public or private street. Staff may approve the sharing of access between multiple lots provided that emergency vehicle access is available. Agenda Page 143 of 184 B. Open Space Required. All master planned developments shall be required to convey common open space as outlined in the provisions and matrix below. In cases where acreage of floodways or slopes in excess of forty-five percent is greater than required minimum open space acreage, all floodways and slopes in excess of forty-five percent shall be protected from development and shall increase the required open space. 1. SAR Zones. Not less than seventy percent of the site area within a SAR zone shall be conveyed as open space in the manner provided for in subsection C of this section. 2. Residential Zones. Not less than fifty percent of the site area within R 3 and R residential zones, or sixty percent in R 1 and R 2 residential zones, shall be conveyed as open space in the manner provided for in subsection C of this section. 3. Commercial Zones. Not less than fifteen percent of the site area within C 3 and C �I commercial zones, or twenty percent in C 1, C 2, and C 5 commercial zones, shall be conveyed as publicly accessible common space in the manner provided for in subsection C of this section. Minimum Percentage of Open Space Required (Gross Acreage) Zone Residential MPD Mixed -Use MPD SAR 70% 70% RA 1 60% � ggsye R 2 60% * R 3 5424 R-4 r °e RC 1 * 2_% C1 C2 20±074 C3 * C 11 15% C 5 20% C. Types of Open Space. In order to allow maximum design flexibility while providing the required open space dedications, all preliminary or final MPDs shall designate types of open space within the approved plan. Open space designations are not required to be separate parcels, but shall act as a general guide in balancing the need for both natural open areas and recreational or public amenities. These provisions intend to allow a certain percentage of the required open space dedication to be developed with Agenda Page 144 of 184 recreational or public amenities and infrastructure, as outlined in the matrix below. The following open space classifications shall be allowed as per the maximum allowable type of open space list below: 1. Natural or Naturalized Open Space. Natural or naturalized means open space left in its current natural state or returned to a traditionally native natural state by means of landscape restoration. a. Whenever practical, natural open space should be conveyed in areas adjacent to the master planned development site boundaries and specifically adjacent to other off -site natural open space, thus creating larger contiguous areas of natural open space across parcel boundaries. b. Vegetation should reflect and compliment the natural characteristics of the surrounding landscape within the master planned development and adjacent properties. 2. Passive Recreation. Passive recreation areas mean open space that has minimal introduced infrastructure. Passive recreation areas may contain trail -based hiking, biking, horseback riding, wildlife viewing, picnicking, landscaped parks and similar minimally invasive activities and related infrastructure. a. Any introduced infrastructure for passive recreation shall be visually unified with the sounding natural landscape or overall architectural design motif in terms of color, materials and scale. 3. Active Recreation. Active recreation areas mean open space that may contain introduced infrastructure related to sports fields and other facilities. Active recreation areas may contain equestrian facilities, courts and fields, outdoor entertainment areas, plazas and other gathering spaces. a. Infrastructure for active recreation shall be developed in a visually unified design scheme directly related to other development infrastructure such as dwellings or commercial uses in terms of color, materials, and scale. 4. Public Pedestrian Amenities. Public pedestrian amenities mean open space that contains introduced infrastructure related to the public streetscape and has a pedestrian priority, including public plazas, outdoor gathering areas, pedestrian malls, outdoor entertainment areas, sidewalk cafes, pocket parks, fountains and other public gathering spaces. Maximum Allowable Type of Open Space (maximum percent of required open space acreage) Agenda Page 145 of 184 Zone Open Space Type Residential MPD Mixed -Use MPD SAR Natural or Naturalized Max. 100% Max. 100% Passive Recreation (minimal infrastructure) Max. 30% Max. 30% Active Recreation (infrastructure) Max. 15% Max. 15% RA1,R1 - Natural or Naturalized Max. 100% - Passive Recreation (minimal infrastructure) Max. /10% - Active Recreational (infrastructure) Max. 20% * R2,R3,RI - Natural or Naturalized Max. 100% * _ D000iye Re re tier Max. 70% (minimal infrastructure) - Active Recreational (infrastructure) Max. 20% RC1,C1,C2,C5 - Natural Naturalized Max. 100% or _ Re re tier * Max. 80°/Q assiye (minimal infrastructure) - Public Pedestrian Ameniticc * Max. 60% C3,C4 - Natural or Naturalized * Max. 50% - Passive Recreation * Max. 60% (minimal infrastructure) - Public Pedestrian nmenitics * Max. 100% D. Conveyance of Open Space. Common open space tracts provided by a master planned development shall be conveyed as follows: 1. To a nonprofit corporation, homeowners association, or trust owned or to be owned by the owners of lots or dwelling units within the master planned development, or via an undivided conveyance to the owners of units within a cooperative or condominium development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots of dwelling units; or Agenda Page 146 of 184 2. To the city of Moab and accepted by it for a park, open space, agricultural, or other specified use or uses; 3. In all cases, the conveyance shall be approved by the city's land use authority and shall be in a form approved by the Moab City attorney; and 4. In all cases, where common open space in a master planned development is conveyed pursuant to the requirements above, a deed restriction enforceable by the city of Moab shall be recorded in conjunction with the final MPD plan that provides that the common open space shall be used and maintained solely for purposes consistent with the MPD approval, and that it shall not be subject to further development. (Ord. 07-07 (part), 2007; Ord. 06-17 (part), 2006) 17.65.050 Reduction of physical design requirements. A. Right -of -Way Width. In approving a master planned development, the land use authority may reduce the total right-of-way width of any private streets that would otherwise be required by subdivision regulations and other provisions of this code to a minimum of twenty feet. Streets dedicated to the city for public use shall have a minimum right-of-way width of thirty-three feet. B. Sidewalks. In lieu of required sidewalks the land use authority may approve acceptable substitutes such as accessible trail ways or separated multi -use paths, provided that the substitute promotes pedestrian circulation and suitable access by persons with disabilities within and through the development and will be maintained. C. Curb and Gutter. Master planned developments may substitute required city standard curb and gutter improvements with an acceptable alternative that fulfills similar purposes. The alternative to curb and gutter shall be approved by the city engineer and public works director and should be incorporated into the stormwater management plan. (Ord. 06-17 (part), 2006) 17.65.060 Supplementary regulations. for m xe, -use noon devel„p.,,e is w thin, al A. Commercial Establishment Size Limits. The gross floor area of any single retail commercial establishment, building or commercial tenant space within any master planned development shall not exceed twenty-five thousand square feet. This provision shall not override more restrictive existing limits on commercial establishment sizes within the underlying zone of the master planned development site. B. Site Layout for Residential and Commercial Buildings. Buildings shall be oriented to the street, pedestrian plazas or landscaped courtyards, and streetscapes shall include amenities pedestrian -friendly amenities such as wider sidewalks, enhanced landscaping, pedestrian -scale lighting, and street furnishings. 1. Ground floor residential units shall be directly accessed from landscaped courtyards or pedestrian plazas when not adjacent to public streets. Agenda Page 147 of 184 2. Townhomes and all other multifamily dwelling units with private exterior ground -floor entries shall provide at least twenty square feet of landscaping adjacent to the entry. Landscaped area may be shared between units at a minimum of ten square feet per unit. 3. Single-family detached, duplex housing and cottage housing. All proposed ground -floor single- family units shall contain a minimum of four and a maximum of twelve cottages/units located in a cluster to encourage a sense of community among the residents. A development site may contain more than one cottage housing development. a. All cottages shall be within sixty feet walking distance of the common open space or pedestrian amenities. C. Pedestrian Priority. Pedestrian priority areas are areas within a mixed -use MPD development where primary design consideration shall be given to pedestrians rather than vehicles. Such areas shall be subject to the following provisions: 1. All mixed -use developments shall include at least one pedestrian priority area. 2. A pedestrian priority area shall be located between all residential and nonresidential areas or uses and shall be designed to integrate the different types of land uses to the greatest extent practicable. 3. Additional pedestrian priority areas may be required based on site design variables such as the number and location(s) of residential and nonresidential components. In all cases there shall be at least one pedestrian area meeting the requirements of this section for each three hundred feet of public street frontage. 4. The required pedestrian area, plaza or similar gathering space shall have a minimum area of one thousand square feet and a minimum dimension of twenty feet. 5. Outdoor seating areas used by restaurants may be counted toward the total open space and pedestrian priority area requirement. 6. The developer(s) and/or property owner(s) of a mixed -use development shall establish an arrangement to assure the city of a continued standard of maintenance and responsibility of the common open space and recreational facilities. The management and maintenance arrangement shall be approved by the city prior to the occupancy of any buildings within the development. 7. Applicants must successfully demonstrate how the proposed pedestrian area meets all of the following criteria: a. Paved walking surfaces of either concrete or approved alternative paving; Agenda Page 148 of 184 b. At least two linear feet of seating area (bench, ledge, etc.) or one individual seat per sixty square feet of plaza area or open space (up to fifty percent of seats may be moveable); c. Location in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry; and d. Utilization of decorative pavement patterns, tree grates, artwork, landscaping, information kiosks, lighting, fountains or other visual amenities. D. Ground Floor Commercial Required. A minimum of twenty five percent of the total gross ground floor footprint area of all buildings within a mixed use MPD shall be devoted to commercial uses when proposed in underlying commercial zones. "Ground floor" is defined as all slab, at grade, or otherwise including floors accessed by stairs or ramps from outside a building. more than thirty feet away from street side property lines. This requirement may be modified by up to D. Sidewalks. Sidewalks and pathways along the facade of mixed -use and retail buildings one hundred or more feet in width (measured along the facade) shall be at Igast twelve feet in width. The walkway -shall include an eight -foot minimum unobstructed walking surface and street trees placed no more than thirty feet on -center per landscaping requirements. EG. Perimeter Setbacks. Perimeter setbacks shall be no less than ten (10) feet in width and shall be adequately landscaped. A landscape plan must bear the stamp of a Utah licensed landscape architect or landscape designer approved by the city. Rear Setbacks. Mixed use or commercial buildings abutting twenty five feet from the MPD perimeter boundary. Residential only structures shall not be subject to this provision. I. Parking. All off-street parking areas within a mixed -use MPD shall be, when possible, located at the rear or side of a building or complex of buildings, away from public streets and screened from view. Shared drive access routes between commercial developments and parking areas are encouraged to reduce the number of curb -cuts and pedestrian conflicts on a public street. Agenda Page 149 of 184 1. The total number of parking spaces required for a mixed -use project may be reduced by five percent. 2. A reduction of parking standards up to twenty percent may be granted based upon justification shown within a parking impact study. The study shall be subject to review and modification by the city of Moab planning and engineering staff. J. Facade Transparency. A minimum of fifty percent of any street -facing building facade between three feet and eight feet in height shall be comprised of windows that allow views into and out of indoor spaces. Where unavoidable conflicts with mechanical or other engineering structures occur, this requirement may be reduced and substituted with staff approved architectural detailing. K. Entrances and Doors. Commercial or mixed -use buildings adjacent to public streets shall have a primary entrance door facing a public sidewalk. Entrances at building corners are encouraged and may be used to satisfy this requirement for corner lots with two public street frontages. L. Landscaping and Trees Required. In addition to the landscaping requirements of Chapters 17.09 and 12.24, Tree Stewardship, the following landscaping treatments shall be required of all mixed -use MPD in established commercial zones: 1. Street trees of an approved variety shall be planted along all public streets unless otherwise agreed upon during the pre=application conference. All trees shall be a minimum of two inches caliper measured at four feet above the root ball at the time of planting and shall be planted at minimum intervals of thirty feet on center. 2. As an alternative to some of the required street trees, developments may provide pedestrian - scaled light fixtures at the same spacing. However, no less than one tree per sixty lineal feet of the required walkway shall be required. To increase business visibility and accessibility, the responsible official may allow breaks in the required tree coverage adjacent to major building entries. 3. Nonvegetative ground covers, including but not limited to, rocks and small stones, crushed rock, cinders, and bark shall cover no more than twenty percent of the landscaped ground surface. Areas covered by such nonvegetative ground covers shall be broken up as much as possible by live plant materials. (Ord. 13-09 (part), 2013; Ord. 06-17 (part), 2006) 4. A landscape plan must be submitted and bear the stamp of a Utah licensed landscape architect or landscape designer approved by the city 17.65.070 Phasing. A. Phasing. If the proposed MPD is to be constructed in phases, the project as a whole shall be portrayed in the application and shall require preliminary MPD approval. Subsequent development phases shall be approved through final MPD approval process. (Ord. 06-17 (part), 2006) Agenda Page 150 of 184 17.65.080 MPD review procedures. The master planned development review process is intended to provide a means of consolidating various reviews for large scale projects into a single master plan application and review. A master planned development that has an approved preliminary development plan shall only be required to complete a final plat or site plan review for individual phases or portions of the development. Any master planned development without phasing shall complete a final development plan review. All master planned developments shall be required to follow the following approval process: A. Steps to Approval. There are four required review steps to a master planned development approval: 1. MPD Preapplication Meeting. A preapplication conference shall be held with the planning staff and/or planning commission in order for the applicant to generally describe the proposed development concept and receive professional recommendation based upon the city's requirements; and to become acquainted with the master planned development procedures and related requirements; 2. Concept MPD review; 3. Preliminary MPD review; 4. Final MPD review; or site plan review. Master Planned Developments, Approval Process & Authority Step Task Advisory Approval Public Hearing Appeal 1 Pre- Application Meeting(s) Staff Staff 2 Complete Application, Fees Staff Staff * 3 Concept MPD Staff StaffPlanning * * Commission 4 Preliminary MPD Planning Commission City Council Planning Commission—' {except mixed use MPD in commercial zonc if a is by ** plat not required state law) 5 Final MPD Planning City Council * ** Agenda Page 151 of 184 Master Planned Developments, Approval Process & Authority Step Task Advisory Approval Public Hearing Appeal Commission Not required "" Appeals authority If a plat is required by state law) developments in C 1, C 2, C 3, C 4 and C 5 commercial zones may have reduced submittal requirements if the following site characteristics exist: 1. No slopes over twenty five percent exist on the parcel; 2. The parcel does not contain significant cultural or natural landscape features, including but not limited to watercourses, rock outcroppings, forested or vegetated groupings over four thousand square feet; 3. No portion of the parcel is zoned FC 1; and /1. No portion of the parcel is currently being used for agricultural purposes; provided that all of the listed site characteristics exist, the following submittal requirements shall not be required: site inventory, and significant features plan. Under the above listed conditions, city staff may further reduce submittal requirements as deemed appropriate. • C. Appeal Procedure. Any person who is a party to the application, the applicant, or the owneradversely affected by any decision under this chapter may appeal to the appeal authority by filing a notice of appeal with the city recorder within fifteen days from the date of the administrative decision in issue. In any appeal, the complaining party shall have the burden of proof, and the appeal body shall not overturn the decision unless it was clearly erroneous under applicable law. The appeal authority decision shall be issued in writing. D. Exhaustion of Remedies. No person may challenge in district court any decision under this chapter until that person has exhausted all administrative remedies and a final decision is issued by the appeal body. Any such action shall be commenced no later than thirty days from the date of the final appeal decision. (Ord. 13-11, 2013; Ord. 10-06 (part), 2010; Ord. 08-30, 2008; Ord. 06-17 (part), 2006) 17.65.090 Concept MPD. The concept development plan shall include an area plan that depicts the development site concept including the locations of existing infrastructure and buildings and shall include the following: A. Vicinity Plan. The vicinity plan shall include the location of the property, all adjacent parcels, and existing public or private streets and trails. Agenda Page 152 of 184 B. Site inventory including: 1. Topography at minimum two -foot contour intervals; 2. Slope inventory showing slopes between twenty-five and forty-five percent and slopes in excess of forty-five percent, including areas of geologic hazard; 3. Natural streams, drainages, washes, and mapped floodways or FC-1 zoned areas; 4. Tree or shrub groupings of four thousand square feet or more; 5. Specimen trees; to include all noninvasive trees measuring five -inch caliper and greater; 6. Significant rock outcroppings or formations; 7. Historically or culturally significant landscapes or structures; and 8. Prominent viewpoints and vista areas. C. Conceptual Development Plan. The concept development plan shall include a conceptual layout of all parcels, open space, rights -of -way, building envelopes, and other features, including the conceptual phasing of the development and a statement of the overall project design features; and listing or depiction of the following: 1. Total gross acreage of the site; 2. Proposed total number of lots or units; 3. Total estimated square footage residential and commercial footprint; and 4. Existing easements, rights -of -way, and interests affecting the site. D. Architectural Concepts. Architectural concepts shall include information sufficient to describe architectural styles, color schemes, general building heights, and materials. E. Key Observation Points. During the concept review phase, the planning commission shall establish areas of critical view shed concern by determining key observation points that may exist along nearby public roads, public gathering spaces, or other areas deemed by the planning commission to be visually impacted by the proposed development. (Ord. 06-17 (part), 2006) 17.65.100 Preliminary MPD. The preliminary development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights -of -way, building envelopes, and other significant features. Components of this submittal may be combined into one or more site plans or reports provided that they are clear, legible and successfully demonstrate their purpose. Agenda Page 153 of 184 A complete preliminary development plan application shall include the following components: A. Significant Features Plan. A significant features plan shall include natural and cultural features from the concept site inventory that will be protected through delineation of open space or have been integrated into the design of the MPD by other means. Areas of natural or geologic hazard shall be delineated in the significant features plan. B. Open Space Plan. The open space plan shall include delineated areas within the development conveyed to common open space as described in Section 17.65.040(B) of this chapter; and shall consist of the following: 1. The total acreage of open space and acreage of each open space tract; 2. The percentage of open space in relation to the gross acreage of the development; 3. The delineation of all open space types as outlines in Section 17.65.040(B) of this chapter; including: a. Listed acreage of all designated natural or naturalized open space, passive recreational open space, active recreational open space, and public pedestrian amenities, b. Percent of designated open space types in relation to the total acreage of all open space. C. Traffic, Trails and Circulation Plan. The traffic, trails and circulation plan shall incorporate the location and design features of all motorized and nonmotorized streets, trails and parking areas; including: 1. Circulation of automobile traffic; 2. Cross -sections of all street types; 3. Emergency vehicle access areas; 4. Parking areas and total numbers of spaces; 5. Proposed trails or other pedestrian infrastructure; and 6. Proposed links to off -site trails and public access areas. D. Utility Plan. The utility plan shall show existing and proposed utility infrastructure within the site, including sewers, water mains, all underground facilities including telephone, cable television, or data lines, location of fire hydrants or other emergency infrastructure. E. Grading and Drainage Plan and Report. The grading and drainage report shall include stormwater management, erosion control, and grading plans describing the methods by which surface water, natural Agenda Page 154 of 184 drainages, flooding, erosion and sedimentation loss, and hydrological hazards will be controlled during and after construction. Individual plans shall include: 1. Existing topography, including elevations, and the clearly delineated location and depth of all proposed fills and cuts of finished earth surfaces, as well as any mapped floodways or FC-1 zoned areas; and 2. Locations and proposed details for storm sewers, detention/retention structures, diversions, waterways, drains, culverts and other water management or erosion control measures. 3. All grading and drainage plans shall demonstrate that the proposed development will result in no net increase in off -site stormwater discharge and no net increase in the base flood discharge depth, as defined in the city's flood damage prevention ordinance. F. Landscape and Irrigation Plan. The landscape plan shall show all existing and proposed landscaping, planting details, and irrigation. The plan shall include information such as the total number of existing trees on -site, the trees to be removed, trees to be planted on -site, and a plant list that indicates plant quantity, spacing, size, and root type. The landscape plan shall be prepared by a licensed landscape architect. G. Signage Plan. A signage plan shall be submitted in order to ensure long term aesthetic compatibility of signage throughout the MPD. The signage plan shall describe the location, size, materials and design of all signage in the development, including, but not limited to: 1. Temporary signs and signs that will exist during the sales and marketing of the development; 2. Individual tenant or building signage; 3. Directional and way finding signage; 4. Sign colors, materials, and illumination methods; 5. Location and size; 6. Sign lettering style and logos; 7. Accompanying ornamental structures; 8. Landscaping beds around permanent signs; and 9. Drawings and illustrations of proposed sign types. H. Exterior Lighting Plan. The exterior lighting plan shall indicate the location, size, height, typical design, material, color, and method and direction of proposed illumination and lighting. Agenda Page 155 of 184 I. Architectural Design Plan. Conceptual architectural renderings or perspective drawings that indicate elevations, exterior wall finishes, and visual character of proposed buildings types. J. Phasing Plan. If applicable, the phasing plan shall delineate construction and anticipated platting schedule of various sub -areas within the development. K. Codes, Covenants and Restrictions. An MPD shall submit a proposed set of codes, covenants and restrictions which shall be recorded following approval of their content and the approval of the final MPD. Covenants shall demonstrate compliance with the use restrictions, architectural plans, and attributes of the development, and shall provide a mechanism for enforcement of restrictions, as well as provisions for the ownership and maintenance of common areas, open space, and other project improvements. L. Other. Any other applicable studies or reports as required by the land use authority or staff, or as required by other provisions of the Moab Municipal Code. Such reports include, but are not limited to, geotechnical reports, soils reports, slope inventories, and traffic impact analysis reports. M. Illustrative Renderings. Illustrative conceptual design, drawings, visual aides, models, sections, or any other requirements the land use authority feels would help understand the concept. N. Title Report. The applicant shall deliver an ownership and encumbrance report, title commitment, or similar report showing current ownership of the subject real property and including copies of all deeds or other instruments affecting title to the MPD site. The application shall be signed by the current owner of record. (Ord. 06-17 (part), 2006) 17.65.110 Final MPD. After the preliminary plan has been approved by the planning commission, the applicant shall submit prints of a final plan to the planning commission through the zoning administrator for approval thereof, showing in detail the following information: A. Site Plan. Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of open spaces and special use areas, detailed circulation pattern including proposed ownership; B. Building Plans. Preliminary building plans, including floor plans and exterior elevations; C. Landscape Plan. Detailed landscaping plans produced and stamped by a registered landscape architect showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems; D. Parking Plan. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress; Agenda Page 156 of 184 E. Engineering Plan. Detailed engineering plans and final subdivision plat showing site grading, street improvements, drainage and public utility locations. Also, submission of the engineering feasibility studies if required by the zoning administrator; F. Covenants. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required by the zoning administrator and/or the city attorney; G. Title. A certificate of title showing the ownership of the land; H. Certificate of Acceptance. A certificate of acceptance by the city council for any dedication of public streets and other public areas, if any, that are made by the owners; I. Accuracy of Survey. A certificate of accuracy by an engineer or land surveyor registered to practice in the state of Utah. J. Consistency with Approvals. All final MPD submittals shall be reviewed for consistency with this chapter and all preliminary MPD approval conditions. (Ord. 06-17 (part), 2006) 17.65.120 Development agreements. Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement. The development agreement shall be in a form approved by the city attorney, and shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Financial guarantees for all required improvements; I. Final covenants, conditions, and restrictions. J. All fees associated with the approval documents are the responsibility of the applicant. Agenda Page 157 of 184 The development agreement shall also contain language which allows for minor, administrative modifications to occur to the approval without revision of the agreement. To obtain approval. Tthe development agreement must be signed by the applicant and submitted to the city council within six months of the date the project was approved by the land use authority, or said approval of the plat or plan shall expire. The development agreement shall be ratified by the land use authority, signed by the city council and tle ""'°^a^}, a4d recorded with the county recorder. All agreements and plans or plats shall be recorded within six (6) months of approval or the agreement and all approvals are null and void. If the applicant chooses to pursue the development, a new application and all fees shall be submitted by the applicant to the city planning and zoning department in accordance with the Municipal Code sections above. modificati ns t ccur t the appr val with ut revisi n f the agreement. The dcvcl pmcnt agreement must be submitted to the city within six months of the date the project was approved by the land use may, or said approval shall expire —(Ord. 06-17 (part), 2006) 17.65.130 Amendment procedures. An approved MPD, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, sewage disposal, storm management, sensitive area protection, stipulated use, circulation pattern, domestic water and landscaping. Amendments that change the character, basic design, building density and intensity, open space or any other requirements and conditions contained in the MPD shall not be permitted without prior review and approval by the planning commission. If approved, amendments shall be clearly depicted as a revision to approved plans. A. Minor Changes. Minor changes in the location and placement of buildings may be authorized by the Moab City planning department staff where unforeseen circumstances, such as engineering requirements, dictate such change. When in question, the Moab City planning staff may determine whether the changes shall be classified as a minor or major, or may refer the question to the land use authority, if deemed necessary. B. Major Changes. Major changes, such as alterations in structural types, in the shapes and arrangements of multiple lots and blocks, in the allocation of open space or other land uses which increase density and/or intensity of the project, in project phasing, and all other changes which significantly affect the overall design or intent of the project shall be referred to the land use authority, after which the authority shall consider and shall either approve or deny, the changes in the final development plan. If such changes are authorized, the developer shall submit a revised plan showing the authorized changes. (Ord. 06-17 (part), 2006) 17.65.140 Compliance with the approved development plan. A. Enforcement. If the Moab City planning staff determines that the development substantially differs from the approved plans, the city shall notify the developer in writing. Thereafter, if the violation or departure from approval conditions is not cured or abated, the building official or zoning administrator may issue orders to the developer including, but not limited to: Agenda Page 158 of 184 1. Revoking MPD plan approval; 2. Revoking or terminating the issuance of building permits; 3. Commencing a civil action to enjoin or abate the violation of this chapter or any MPD plan or development agreement; 4. Enforcing any remedies in any development agreement; and/or 5. Proceeding with any other remedies authorized pursuant to U.C.A. Section 10-9a-802, 10-9a- 803. B. Fees and Costs. In any civil enforcement action under this chapter the city, upon showing proof of a violation under this chapter or any approval or agreement pursuant to this chapter, shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. (Ord. 06-17 (part), 2006) This ordinance is effective upon adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 20015. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Ellison, Recorder p:\planning department \2015\draft ordinances\mpd amendment.docz Agenda Page 159 of 184 ORDINANCE #2015-04 AN ORDINANCE AMENDING CHAPTER 17.65, OF THE CITY OF MOAB MUNICIPAL CODE WITH NEW LANGUAGE CONCERNING MASTER PLANNED DEVELOPMENTS WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.65, Master Planned Developments, in an effort to provide greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations. WHEREAS, an MPD should promote more economical and efficient use of the land by providing better coordination of necessary infrastructure, site amenities, and protection of natural systems; and, WHEREAS, from time to time, the City Council (Council) has determined that it is necessary to amend the Moab Municipal Code (MMC) to coincide with current land use trends, satisfy state law, and to adjust MMC to adjust to the needs of a growing community; and, WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing held on March 26, 2015, reviewed the changes to MMC Chapter 17.65; and, WHEREAS, the Commission found that adoption of the proposed language would benefit the residents of the City; and, WHEREAS, the Commission favorably recommends the new language to the City Council (Council) for review and approval; and, WHEREAS, Council reviewed Ordinance #2015-04 in a regularly scheduled meeting held on April _, 2015, to hear and decide the merits of the proposed changes to MMC Chapter 17.65, Master Planned Developments; and, WHEREAS, Council found that the changes benefit the residents of Moab. NOW, THEREFORE, the Moab City Council hereby amends specific sections of Chapter 17.65, Master Planned Developments, and amends the language as noted below: Chapter 17.65 MASTER PLANNED DEVELOPMENTS Sections: 17.65.010 Objectives and characteristics. 17.65.020 Applicability. 17.65.030 Considerations for approval. 17.65.040 Standards and requirements. 17.65.050 Reduction of physical design requirements. 17.65.060 Supplementary regulations. 17.65.070 Phasing. 17.65.080 MPD review procedures. Agenda Page 160 of 184 17.65.090 Concept MPD. 17.65.100 Preliminary MPD. 17.65.110 Final MPD. 17.65.120 Development agreements. 17.65.130 Amendment procedures. 17.65.140 Compliance with the approved development plan. 17.65.010 Objectives and characteristics. A. The intent of the master planned development (MPD) process is to provide greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations. An MPD should promote more economical and efficient use of the land by providing better coordination of necessary infrastructure, site amenities, and protection of natural systems. B. The MPD process should encourage innovative planning and provide a variety of housing types and configurations, resulting in more mixed -use development, improved protection of open spaces, and increased transportation options. C. Encourage developments that recognize the relationship between buildings and their use, open space and public spaces, pedestrian vitality, ecological process, and varied forms of transportation, providing opportunities for innovative and diversified development. D. Preserve, to the greatest extent possible, the existing natural and cultural landscape features and amenities that may not otherwise be protected through conventional development. (Ord. 06-17 (part), 2006) 17.65.020 Applicability. The master planned development designation may be applied as an overlay within the city's Sensitive Area Resort Zone (SAR). An applicant may elect to develop a project as a master planned development in compliance with the requirements of this chapter. A. Sensitive Area Resort (SAR) Zones. Residential or mixed -use master planned developments shall be required in the SAR zone pursuant to this and all other applicable ordinances. The minimum size for a MPD in the SAR zone is forty acres. Type SAR Residential Permitted MPD 40 ac. Mixed -Use Permitted MPD 40 ac. Agenda Page 161 of 184 F. Conflicts. When provisions within this chapter expressly allow for a deviation from an existing city code, all provisions herein shall apply. G. Exceptions. The land use authority shall have the discretion to grant exceptions from portions of this chapter for any of the following conditions: 1. Commercial establishment size limits may be increased. 2. Open space/amenities dedications in a mixed -use MPD may be varied to allow up to fifty percent of the required "public amenities" area to be privately owned. 3. Adjustments may be made in open space allocations for purposes of satisfying the requirements for differing types of open space, provided the adjustments are consistent with the overall intent of this chapter. 4. Public street widths may be less than thirty-three feet with public works and engineering approval. 5. Commercial floor space requirements in mixed -use MPD may be reduced when supplemented by moderate -income housing. 6. Mixed -use MPD setback requirements when adjacent to residential zones may be decreased when supplemented with other buffering or public amenities. 7. Setback requirements on commercial buildings adjacent to public streets may be reduced to a zero lot line when the areas are used for outdoor gathering spaces, courtyards, pocket parks and other pedestrian amenities. H. Allowed Uses. Uses allowed in the MPD overlay are those specified in the SAR Zone as identified in Chapter 17.32. 17.65.030 Considerations for approval. A. Review Criteria. In reviewing a master planned development, the land use authority shall determine whether: 1. The site plan satisfies the requirements pursuant to this and all other applicable ordinances; 2. Buildings and structures are adequately grouped so that the corresponding required acreage is set aside as common open space or public amenity as required by this chapter. To the greatest degree practicable, common open space shall be designated as larger contiguous parcels and not divided into small unconnected parcels located in various parts of the development; 3. Pedestrians can easily access common open space; 4. The site plan establishes, where applicable, a consciously designed buffer to sensitive natural features, including natural drainages and visually significant ridges or other landscape features included in the required site inventory; Agenda Page 162 of 184 5. Individual lots, buildings, structures, streets, and parking areas are situated to minimize and mitigate the alteration of natural features, natural vegetation and topography; 6. The site plan accommodates and preserves any features of historic, cultural or archaeological value; 7. Floodways, ridges as expressed within the hillside development ordinance, areas of geologic hazard, and slopes in excess of forty-five percent shall be protected from development; 8. The master planned development advances the purposes of this chapter as stated in the objectives and characteristics. B. Special Conditions. The land use authority may, in its discretion, apply such special conditions or stipulations to the approval of a master planned development as may be required to maintain harmony with neighboring uses or landscape and to further promote the objectives of this chapter, the Moab City general plan, and other applicable land use ordinances. Such conditions may include, but are not limited to, increased buffering or screening, special landscape requirements, architectural material or color requirements, and site layout for view shed and vista preservation. (Ord. 06-17 (part), 2006) 17.65.040 Standards and requirements. A. General Provisions. The following provisions shall apply to any master planned development: 1. Yield Density Determination. There shall be no area, width and location requirements provided that minimum open space acreage is met, and floodways and all slopes in excess of forty-five percent are protected from development. 2. MPD Density Bonus. A residential density bonus of fifteen percent (.15 times maximum yield density) shall be granted for master planned developments in the SAR zone. 3. Moderate -Income Housing Density Bonus. An additional moderate -income housing density bonus of fifteen percent (.15 times the maximum yield density) may be granted provided that a majority (>50 percent) of total bonus density units meet moderate -income housing requirements as outlined in the Moab Moderate - Income Housing Plan. a. Moderate -income dwelling units used as the basis for approving a moderate -income housing density bonus shall be subject to a recorded deed restriction conforming with all applicable city affordable housing ordinances and policies. 4. Lot Size. No minimum area of lots shall apply within an MPD. 5. Setbacks. No minimum per -lot setbacks shall apply within an MPD. 6. Emergency Access. Each lot shall have a minimum of one twenty -foot wide dedicated emergency access to a public or private street. Staff may approve the sharing of access between multiple lots provided that emergency vehicle access is available. Agenda Page 163 of 184 B. Open Space Required. All master planned developments shall be required to convey common open space as outlined in the provisions and matrix below. In cases where acreage of floodways or slopes in excess of forty-five percent is greater than required minimum open space acreage, all floodways and slopes in excess of forty-five percent shall be protected from development and shall increase the required open space. 1. SAR Zones. Not less than seventy percent of the site area within a SAR zone shall be conveyed as open space in the manner provided for in subsection C of this section. Minimum Percentage of Open Space Required (Gross Acreage) Zone Residential MPD Mixed -Use MPD SAR 70% 70% C. Types of Open Space. In order to allow maximum design flexibility while providing the required open space dedications, all preliminary or final MPDs shall designate types of open space within the approved plan. Open space designations are not required to be separate parcels, but shall act as a general guide in balancing the need for both natural open areas and recreational or public amenities. These provisions intend to allow a certain percentage of the required open space dedication to be developed with recreational or public amenities and infrastructure, as outlined in the matrix below. The following open space classifications shall be allowed as per the maximum allowable type of open space list below: 1. Natural or Naturalized Open Space. Natural or naturalized means open space left in its current natural state or returned to a traditionally native natural state by means of landscape restoration. a. Whenever practical, natural open space should be conveyed in areas adjacent to the master planned development site boundaries and specifically adjacent to other off -site natural open space, thus creating larger contiguous areas of natural open space across parcel boundaries. b. Vegetation should reflect and compliment the natural characteristics of the surrounding landscape within the master planned development and adjacent properties. 2. Passive Recreation. Passive recreation areas mean open space that has minimal introduced infrastructure. Passive recreation areas may contain trail -based hiking, biking, horseback riding, wildlife viewing, picnicking, landscaped parks and similar minimally invasive activities and related infrastructure. a. Any introduced infrastructure for passive recreation shall be visually unified with the sounding natural landscape or overall architectural design motif in terms of color, materials and scale. 3. Active Recreation. Active recreation areas mean open space that may contain introduced infrastructure related to sports fields and other facilities. Active recreation areas may contain equestrian facilities, courts and fields, outdoor entertainment areas, plazas and other gathering spaces. a. Infrastructure for active recreation shall be developed in a visually unified design scheme directly related to other development infrastructure such as dwellings or commercial uses in terms of color, materials, and scale. Agenda Page 164 of 184 4. Public Pedestrian Amenities. Public pedestrian amenities mean open space that contains introduced infrastructure related to the public streetscape and has a pedestrian priority, including public plazas, outdoor gathering areas, pedestrian malls, outdoor entertainment areas, sidewalk cafes, pocket parks, fountains and other public gathering spaces. Maximum Allowable Type of Open Space (maximum percent of required open space acreage) Zone Open Space Type Residential MPD Mixed -Use MPD SAR Natural or Naturalized Max. 100% Max. 100% Passive Recreation (minimal infrastructure) Max. 30% Max. 30% Active Recreation (infrastructure) Max. 15% Max. 15% D. Conveyance of Open Space. Common open space tracts provided by a master planned development shall be conveyed as follows: 1. To a nonprofit corporation, homeowners association, or trust owned or to be owned by the owners of lots or dwelling units within the master planned development, or via an undivided conveyance to the owners of units within a cooperative or condominium development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots of dwelling units; or 2. To the city of Moab and accepted by it for a park, open space, agricultural, or other specified use or uses; 3. In all cases, the conveyance shall be approved by the city's land use authority and shall be in a form approved by the Moab City attorney; and 4. In all cases, where common open space in a master planned development is conveyed pursuant to the requirements above, a deed restriction enforceable by the city of Moab shall be recorded in conjunction with the final MPD plan that provides that the common open space shall be used and maintained solely for purposes consistent with the MPD approval, and that it shall not be subject to further development. (Ord. 07- 07 (part), 2007; Ord. 06-17 (part), 2006) 17.65.050 Reduction of physical design requirements. A. Right -of -Way Width. In approving a master planned development, the land use authority may reduce the total right-of-way width of any private streets that would otherwise be required by subdivision regulations and other provisions of this code to a minimum of twenty feet. Streets dedicated to the city for public use shall have a minimum right-of-way width of thirty-three feet. Agenda Page 165 of 184 B. Sidewalks. In lieu of required sidewalks the land use authority may approve acceptable substitutes such as accessible trail ways or separated multi -use paths, provided that the substitute promotes pedestrian circulation and suitable access by persons with disabilities within and through the development and will be maintained. C. Curb and Gutter. Master planned developments may substitute required city standard curb and gutter improvements with an acceptable alternative that fulfills similar purposes. The alternative to curb and gutter shall be approved by the city engineer and public works director and should be incorporated into the storm water management plan. (Ord. 06-17 (part), 2006) 17.65.060 Supplementary regulations. A. Commercial Establishment Size Limits. The gross floor area of any single retail commercial establishment, building or commercial tenant space within any master planned development shall not exceed twenty-five thousand square feet. B. Site Layout for Residential and Commercial Buildings. Buildings shall be oriented to the street, pedestrian plazas or landscaped courtyards, and streetscapes shall include amenities pedestrian -friendly amenities such as wider sidewalks, enhanced landscaping, pedestrian -scale lighting, and street furnishings. 1. Ground floor residential units shall be directly accessed from landscaped courtyards or pedestrian plazas when not adjacent to public streets. 2. Townhomes and all other multifamily dwelling units with private exterior ground -floor entries shall provide at least twenty square feet of landscaping adjacent to the entry. Landscaped area may be shared between units at a minimum of ten square feet per unit. 3. Single-family detached, duplex housing and cottage housing. All proposed ground -floor single-family units shall contain a minimum of four and a maximum of twelve cottages/units located in a cluster to encourage a sense of community among the residents. A development site may contain more than one cottage housing development. a. All cottages shall be within sixty feet walking distance of the common open space or pedestrian amenities. C. Pedestrian Priority. Pedestrian priority areas are areas within a mixed -use MPD development where primary design consideration shall be given to pedestrians rather than vehicles. Such areas shall be subject to the following provisions: 1. All mixed -use developments shall include at least one pedestrian priority area. 2. A pedestrian priority area shall be located between all residential and nonresidential areas or uses and shall be designed to integrate the different types of land uses to the greatest extent practicable. 3. Additional pedestrian priority areas may be required based on site design variables such as the number and location(s) of residential and nonresidential components. In all cases there shall be at least one pedestrian area meeting the requirements of this section for each three hundred feet of public street frontage. Agenda Page 166 of 184 4. The required pedestrian area, plaza or similar gathering space shall have a minimum area of one thousand square feet and a minimum dimension of twenty feet. 5. Outdoor seating areas used by restaurants may be counted toward the total open space and pedestrian priority area requirement. 6. The developer(s) and/or property owner(s) of a mixed -use development shall establish an arrangement to assure the city of a continued standard of maintenance and responsibility of the common open space and recreational facilities. The management and maintenance arrangement shall be approved by the city prior to the occupancy of any buildings within the development. 7. Applicants must successfully demonstrate how the proposed pedestrian area meets all of the following criteria: a. Paved walking surfaces of either concrete or approved alternative paving; b. At least two linear feet of seating area (bench, ledge, etc.) or one individual seat per sixty square feet of plaza area or open space (up to fifty percent of seats may be moveable); c. Location in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry; and d. Utilization of decorative pavement patterns, tree grates, artwork, landscaping, information kiosks, lighting, fountains or other visual amenities. D. Sidewalks. Sidewalks and pathways along the facade of mixed -use and retail buildings shall include an eight - foot minimum unobstructed walking surface and street trees placed no more than thirty feet on -center per landscaping requirements. E. Perimeter Setbacks. Perimeter setbacks shall be no less than ten (10) feet in width and shall be adequately landscaped. A landscape plan must bear the stamp of a Utah licensed landscape architect or landscape designer approved by the city. I. Parking. All off-street parking areas within a mixed -use MPD shall be, when possible, located at the rear or side of a building or complex of buildings, away from public streets and screened from view. Shared drive access routes between commercial developments and parking areas are encouraged to reduce the number of curb -cuts and pedestrian conflicts on a public street. 1. The total number of parking spaces required for a mixed -use project may be reduced by five percent. 2. A reduction of parking standards up to twenty percent may be granted based upon justification shown within a parking impact study. The study shall be subject to review and modification by the city of Moab planning and engineering staff. Agenda Page 167 of 184 J. Facade Transparency. A minimum of fifty percent of any street -facing building facade between three feet and eight feet in height shall be comprised of windows that allow views into and out of indoor spaces. Where unavoidable conflicts with mechanical or other engineering structures occur, this requirement may be reduced and substituted with staff approved architectural detailing. K. Entrances and Doors. Commercial or mixed -use buildings adjacent to public streets shall have a primary entrance door facing a public sidewalk. Entrances at building corners are encouraged and may be used to satisfy this requirement for corner lots with two public street frontages. L. Landscaping and Trees Required. In addition to the landscaping requirements of Chapters 17.09 and 12.24, Tree Stewardship, the following landscaping treatments shall be required of all mixed -use MPD in established commercial zones: 1. Street trees of an approved variety shall be planted along all public streets unless otherwise agreed upon during the pre -application conference. All trees shall be a minimum of two inches caliper measured at four feet above the root ball at the time of planting and shall be planted at minimum intervals of thirty feet on center. 2. As an alternative to some of the required street trees, developments may provide pedestrian -scaled light fixtures at the same spacing. However, no less than one tree per sixty lineal feet of the required walkway shall be required. To increase business visibility and accessibility, the responsible official may allow breaks in the required tree coverage adjacent to major building entries. 3. Non -vegetative ground covers, including but not limited to, rocks and small stones, crushed rock, cinders, and bark shall cover no more than twenty percent of the landscaped ground surface. Areas covered by such non -vegetative ground covers shall be broken up as much as possible by live plant materials. (Ord. 13-09 (part), 2013; Ord. 06-17 (part), 2006) 4. A landscape plan must be submitted and bear the stamp of a Utah licensed landscape architect or landscape designer approved by the city 17.65.070 Phasing. A. Phasing. If the proposed MPD is to be constructed in phases, the project as a whole shall be portrayed in the application and shall require preliminary MPD approval. Subsequent development phases shall be approved through final MPD approval process. (Ord. 06-17 (part), 2006) 17.65.080 MPD review procedures. The master planned development review process is intended to provide a means of consolidating various reviews for large scale projects into a single master plan application and review. A master planned development that has an approved preliminary development plan shall only be required to complete a final plat or site plan review for individual phases or portions of the development. Any master planned development without phasing shall complete a final development plan review. Agenda Page 168 of 184 All master planned developments shall be required to follow the following approval process: A. Steps to Approval. There are four required review steps to a master planned development approval: 1. MPD Pre -application Meeting. A pre -application conference shall be held with the planning staff and/or planning commission in order for the applicant to generally describe the proposed development concept and receive professional recommendation based upon the city's requirements; and to become acquainted with the master planned development procedures and related requirements; 2. Concept MPD review; 3. Preliminary MPD review; 4. Final MPD review; or site plan review. Master Planned Developments, Approval Process & Authority Step Task Advisory Approval Public Hearing Appeal 1 Pre -Application Meeting(s) Staff Staff * * 2 Complete Application, Fees Staff Staff * * 3 Concept MPD Staff Staff * * 4 Preliminary MPD Planning Commission City Council Planning Commission' ** 5 Final MPD Planning Commission City Council * ** * Not required ** Appeals authority 1 If a plat is required by state law) • C. Appeal Procedure. Any person who is a party to the application, the applicant, or the owner may appeal to the appeal authority by filing a notice of appeal with the city recorder within fifteen days from the date of the administrative decision in issue. In any appeal, the complaining party shall have the burden of proof, and the appeal body shall not overturn the decision unless it was clearly erroneous under applicable law. The appeal authority decision shall be issued in writing. D. Exhaustion of Remedies. No person may challenge in district court any decision under this chapter until that person has exhausted all administrative remedies and a final decision is issued by the appeal body. Any such action shall be commenced no later than thirty days from the date of the final appeal decision. (Ord. 13-11, 2013; Ord. 10- 06 (part), 2010; Ord. 08-30, 2008; Ord. 06-17 (part), 2006) Agenda Page 169 of 184 17.65.090 Concept MPD. The concept development plan shall include an area plan that depicts the development site concept including the locations of existing infrastructure and buildings and shall include the following: A. Vicinity Plan. The vicinity plan shall include the location of the property, all adjacent parcels, and existing public or private streets and trails. B. Site inventory including: 1. Topography at minimum two -foot contour intervals; 2. Slope inventory showing slopes between twenty-five and forty-five percent and slopes in excess of forty- five percent, including areas of geologic hazard; 3. Natural streams, drainages, washes, and mapped floodways or FC-1 zoned areas; 4. Tree or shrub groupings of four thousand square feet or more; 5. Specimen trees; to include all noninvasive trees measuring five -inch caliper and greater; 6. Significant rock outcroppings or formations; 7. Historically or culturally significant landscapes or structures; and 8. Prominent viewpoints and vista areas. C. Conceptual Development Plan. The concept development plan shall include a conceptual layout of all parcels, open space, rights -of -way, building envelopes, and other features, including the conceptual phasing of the development and a statement of the overall project design features; and listing or depiction of the following: 1. Total gross acreage of the site; 2. Proposed total number of lots or units; 3. Total estimated square footage residential and commercial footprint; and 4. Existing easements, rights -of -way, and interests affecting the site. D. Architectural Concepts. Architectural concepts shall include information sufficient to describe architectural styles, color schemes, general building heights, and materials. E. Key Observation Points. During the concept review phase, the planning commission shall establish areas of critical view shed concern by determining key observation points that may exist along nearby public roads, public gathering spaces, or other areas deemed by the planning commission to be visually impacted by the proposed development. (Ord. 06-17 (part), 2006) Agenda Page 170 of 184 17.65.100 Preliminary MPD. The preliminary development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights -of -way, building envelopes, and other significant features. Components of this submittal may be combined into one or more site plans or reports provided that they are clear, legible and successfully demonstrate their purpose. A complete preliminary development plan application shall include the following components: A. Significant Features Plan. A significant features plan shall include natural and cultural features from the concept site inventory that will be protected through delineation of open space or have been integrated into the design of the MPD by other means. Areas of natural or geologic hazard shall be delineated in the significant features plan. B. Open Space Plan. The open space plan shall include delineated areas within the development conveyed to common open space as described in Section 17.65.040(B) of this chapter; and shall consist of the following: 1. The total acreage of open space and acreage of each open space tract; 2. The percentage of open space in relation to the gross acreage of the development; 3. The delineation of all open space types as outlines in Section 17.65.040(B) of this chapter; including: a. Listed acreage of all designated natural or naturalized open space, passive recreational open space, active recreational open space, and public pedestrian amenities, b. Percent of designated open space types in relation to the total acreage of all open space. C. Traffic, Trails and Circulation Plan. The traffic, trails and circulation plan shall incorporate the location and design features of all motorized and non -motorized streets, trails and parking areas; including: 1. Circulation of automobile traffic; 2. Cross -sections of all street types; 3. Emergency vehicle access areas; 4. Parking areas and total numbers of spaces; 5. Proposed trails or other pedestrian infrastructure; and 6. Proposed links to off -site trails and public access areas. D. Utility Plan. The utility plan shall show existing and proposed utility infrastructure within the site, including sewers, water mains, all underground facilities including telephone, cable television, or data lines, location of fire hydrants or other emergency infrastructure. Agenda Page 171 of 184 E. Grading and Drainage Plan and Report. The grading and drainage report shall include stormwater management, erosion control, and grading plans describing the methods by which surface water, natural drainages, flooding, erosion and sedimentation loss, and hydrological hazards will be controlled during and after construction. Individual plans shall include: 1. Existing topography, including elevations, and the clearly delineated location and depth of all proposed fills and cuts of finished earth surfaces, as well as any mapped floodways or FC-1 zoned areas; and 2. Locations and proposed details for storm sewers, detention/retention structures, diversions, waterways, drains, culverts and other water management or erosion control measures. 3. All grading and drainage plans shall demonstrate that the proposed development will result in no net increase in off -site storm water discharge and no net increase in the base flood discharge depth, as defined in the city's flood damage prevention ordinance. F. Landscape and Irrigation Plan. The landscape plan shall show all existing and proposed landscaping, planting details, and irrigation. The plan shall include information such as the total number of existing trees on -site, the trees to be removed, trees to be planted on -site, and a plant list that indicates plant quantity, spacing, size, and root type. The landscape plan shall be prepared by a licensed landscape architect. G. Signage Plan. A signage plan shall be submitted in order to ensure long term aesthetic compatibility of signage throughout the MPD. The signage plan shall describe the location, size, materials and design of all signage in the development, including, but not limited to: 1. Temporary signs and signs that will exist during the sales and marketing of the development; 2. Individual tenant or building signage; 3. Directional and way finding signage; 4. Sign colors, materials, and illumination methods; 5. Location and size; 6. Sign lettering style and logos; 7. Accompanying ornamental structures; 8. Landscaping beds around permanent signs; and 9. Drawings and illustrations of proposed sign types. H. Exterior Lighting Plan. The exterior lighting plan shall indicate the location, size, height, typical design, material, color, and method and direction of proposed illumination and lighting. Agenda Page 172 of 184 I. Architectural Design Plan. Conceptual architectural renderings or perspective drawings that indicate elevations, exterior wall finishes, and visual character of proposed buildings types. J. Phasing Plan. If applicable, the phasing plan shall delineate construction and anticipated platting schedule of various sub -areas within the development. K. Codes, Covenants and Restrictions. An MPD shall submit a proposed set of codes, covenants and restrictions which shall be recorded following approval of their content and the approval of the final MPD. Covenants shall demonstrate compliance with the use restrictions, architectural plans, and attributes of the development, and shall provide a mechanism for enforcement of restrictions, as well as provisions for the ownership and maintenance of common areas, open space, and other project improvements. L. Other. Any other applicable studies or reports as required by the land use authority or staff, or as required by other provisions of the Moab Municipal Code. Such reports include, but are not limited to, geotechnical reports, soils reports, slope inventories, and traffic impact analysis reports. M. Illustrative Renderings. Illustrative conceptual design, drawings, visual aides, models, sections, or any other requirements the land use authority feels would help understand the concept. N. Title Report. The applicant shall deliver an ownership and encumbrance report, title commitment, or similar report showing current ownership of the subject real property and including copies of all deeds or other instruments affecting title to the MPD site. The application shall be signed by the current owner of record. (Ord. 06-17 (part), 2006) 17.65.110 Final MPD. After the preliminary plan has been approved by the planning commission, the applicant shall submit prints of a final plan to the planning commission through the zoning administrator for approval thereof, showing in detail the following information: A. Site Plan. Detailed site plan with complete dimensions showing precise locations of all buildings and structures, lot or parcel sizes and locations, designations of open spaces and special use areas, detailed circulation pattern including proposed ownership; B. Building Plans. Preliminary building plans, including floor plans and exterior elevations; C. Landscape Plan. Detailed landscaping plans produced and stamped by a registered landscape architect showing the types and sizes of all plant materials and their locations, decorative materials, recreation equipment, special effects, and sprinkler or irrigation systems; D. Parking Plan. Dimensioned parking layout showing location of individual parking stalls and all areas of ingress or egress; Agenda Page 173 of 184 E. Engineering Plan. Detailed engineering plans and final subdivision plat showing site grading, street improvements, drainage and public utility locations. Also, submission of the engineering feasibility studies if required by the zoning administrator; F. Covenants. A copy of protective covenants, articles of incorporation, bonds and guarantees, as required by the zoning administrator and/or the city attorney; G. Title. A certificate of title showing the ownership of the land; H. Certificate of Acceptance. A certificate of acceptance by the city council for any dedication of public streets and other public areas, if any, that are made by the owners; I. Accuracy of Survey. A certificate of accuracy by an engineer or land surveyor registered to practice in the state of Utah. J. Consistency with Approvals. All final MPD submittals shall be reviewed for consistency with this chapter and all preliminary MPD approval conditions. (Ord. 06-17 (part), 2006) 17.65.120 Development agreements. Once the land use authority has approved either the (a) phased preliminary master planned development or, (b) final master planned development, the approval shall be put in the form of a development agreement. The development agreement shall be in a form approved by the city attorney, and shall contain, at a minimum, the following: A. A legal description of the land; B. All relevant zoning parameters including all findings, conclusions and conditions of approval; C. An express reservation of the future legislative power and zoning authority of the city; D. A copy of the approved master plan, architectural plans, landscape plans, grading plan, trails and open space plans, and other plans which are a part of the planning commission approval; E. A description of all developer exactions or agreed upon public dedications; F. The developer's agreement to pay all specified impact fees; G. The form of ownership anticipated for the project and the specific project phasing plan; H. Financial guarantees for all required improvements; I. Final covenants, conditions, and restrictions. J. All fees associated with the approval documents are the responsibility of the applicant. Agenda Page 174 of 184 The development agreement shall also contain language which allows for minor, administrative modifications to occur to the approval without revision of the agreement. To obtain approval, the development agreement must be signed by the applicant and submitted to the city council within six months of the date the project was approved by the land use authority, or said approval of the plat or plan shall expire. The development agreement shall be signed by the city council and recorded with the county recorder. All agreements and plans or plats shall be recorded within six (6) months of approval or the agreement and all approvals are null and void. If the applicant chooses to pursue the development, a new application and all fees shall be submitted by the applicant to the city planning and zoning department in accordance with the Municipal Code sections above. (Ord. 06-17 (part), 2006) 17.65.130 Amendment procedures. An approved MPD, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, sewage disposal, storm management, sensitive area protection, stipulated use, circulation pattern, domestic water and landscaping. Amendments that change the character, basic design, building density and intensity, open space or any other requirements and conditions contained in the MPD shall not be permitted without prior review and approval by the planning commission. If approved, amendments shall be clearly depicted as a revision to approved plans. A. Minor Changes. Minor changes in the location and placement of buildings may be authorized by the Moab City planning department staff where unforeseen circumstances, such as engineering requirements, dictate such change. When in question, the Moab City planning staff may determine whether the changes shall be classified as a minor or major, or may refer the question to the land use authority, if deemed necessary. B. Major Changes. Major changes, such as alterations in structural types, in the shapes and arrangements of multiple lots and blocks, in the allocation of open space or other land uses which increase density and/or intensity of the project, in project phasing, and all other changes which significantly affect the overall design or intent of the project shall be referred to the land use authority, after which the authority shall consider and shall either approve or deny, the changes in the final development plan. If such changes are authorized, the developer shall submit a revised plan showing the authorized changes. (Ord. 06-17 (part), 2006) 17.65.140 Compliance with the approved development plan. A. Enforcement. If the Moab City planning staff determines that the development substantially differs from the approved plans, the city shall notify the developer in writing. Thereafter, if the violation or departure from approval conditions is not cured or abated, the building official or zoning administrator may issue orders to the developer including, but not limited to: 1. Revoking MPD plan approval; 2. Revoking or terminating the issuance of building permits; 3. Commencing a civil action to enjoin or abate the violation of this chapter or any MPD plan or development agreement; 4. Enforcing any remedies in any development agreement; and/or Agenda Page 175 of 184 5. Proceeding with any other remedies authorized pursuant to U.C.A. Section 10-9a-802, 10-9a-803. B. Fees and Costs. In any civil enforcement action under this chapter the city, upon showing proof of a violation under this chapter or any approval or agreement pursuant to this chapter, shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. (Ord. 06-17 (part), 2006) This ordinance is effective upon adoption. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 20015. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder p:\planning department \2015\ordinances\#2015-04 mpd amendments.docx Agenda Page 176 of 184 MOAB CITY COUNCIL MEETING April 14, 2o15 / / Agenda item #: 7-6 Title: Approval of the Revised Recreation Assistant Job Description Fiscal Impact: The increase in costs to the Recreation Department will equal wages for 10 hours per week (520 hours per year) plus benefits. Approximately $10,810 per year. Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Administration Applicant/Vendor: N/A Background/Summary: As you may know, the Recreation Assistant position has historically been a three-quarter time position in the City. This means that the position is scheduled for 30 hours per week and carries full benefits (including health insurance and retirement). Due to departmental demands the position frequently works more than 30 hours per week, but those hours are accrued as comp time and cashed out at the end of the fiscal year. 1 Due to the seasonal/temporary nature of the recreation programs, there is a constant flow of part time hires in all of the Recreation departments. We hire and terminate approximately 125-150 seasonal employees during a year. Because of this, the Recreation department has long been in need of a position that coordinates the hiring and termination process for employees in the Recreation Programs, the Aquatic Center and the Arts and Recreation Center. This will include background checks, drug screenings and all new hire forms and processes. We would like to reclassify the Recreation Assistant position to fill that role and we are requesting a reclassification of the position from 30 to 40 hours per week as well as a pay grade change from a grade 5 to a 10 — to compensate for additional duties and responsibilities, consistent with other similar positions within the City. Since the position already carries a full benefit load, the increase in hours will only marginally effect benefits, the realized cost will be the increase in hours from 30 to 40 per week (520 hours annually) and the position regularly accrues in excess of 100 comp hours per year now. Options: Approve, Approve with Changes, Deny or Postpone Agenda Page 177 of 184 Staff Recommendation: Staff recommends approval of the revised job description as presented. Recommended Motion: "I move to approve the revised Recreation Assistant Job Description as presented." Attachment(s): Revised Job Description Agenda Page 178 of 184 Class Title: Department: Date: CITY OF MOAB JOB DESCRIPTION Recreation Assistant Recreation 40 hours per weeks July 1, 2015 March 24, 20150et-ober-2000 GENERAL PURPOSE ^Pay Grade: 10 Pay Grade: Full time: �'••'� '�30—hm rs—per weekEffective Eff Date Revised: Date Revised: March 26, 2002 Performs a variety of part time clerical, administrative, organizational, and public contact work in the City of Moab Recreation Department. REPORTING RELATIONSHIPS Supervision Received: The Recreation Assistant works 30 hours per week under the close and general supervision of the Recreation Coordinator. Supervision Exercised: The Recreation Assistant supervises the activities of volunteer coaches and paid officials and score keepers. ESSENTIAL FUNCTIONS Provides administrative and clerical support for the day-to-day functions of recreation programs and facilities operated by the City of Moab; performs word processing, graphic design, record keeping, data entry, telephone duties and public contact work; assists with purchasing activities and other administrative activities; assists with recreation equipment inventory control and purchasing; Coordinates the hiring process for recreation program staff including: distributing and collecting new hire paper work, completing Personal Action Forms, requesting background checks and drug tests where necessary and compiling and submitting all forms to Human Resources . Assists with the coordination of activities & duties of volunteer coaches; assists with registration and league schedules for all sports activities; assists with securing, training, and supervising officials for all sports activities; assists with the coordination and execution of special recreational and community activities and events; assists with the development of new programs and activities. Performs other related duties as required. MINIMUM QUALIFICATIONS 03/26/02 Recreation Assistant Formatted: Normal Agenda Page 179 of 184 A. Education and Experience 1. High school graduate or equivalent AND 2. Experience with recreation programs B. Required Knowledge, Skills and Abilities 1. Working knowledge of basic office principles and procedures; skill in word processing, graphic design, filing and data entry; working knowledge of grammar, spelling and punctuation; ability to perform a variety of work involving independent judgement and good organizational skills; ability to learn new computer programs. 2. Ability to communicate effectively orally and in writing. 3. Ability to establish and maintain effective working relations with city employees, volunteers and the public. C. Special Qualifications (Licenses, Certifications, etc.) Upon employment, must possess a valid Utah driver's license. Any offer of employment is expressly conditioned upon the successful completion of a pre employment drug/alcohol screening D. Work Environment and Physical Demands The Recreation Assistant part-time normally works in a safe, climate -controlled environment. Some outdoor activities may be required. Tasks may entail muscular strain, including walking, standing, stooping, sitting, reaching and lifting. Talking, hearing and seeing are essential to performing job requirements. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application, screening interview, skill test as applicable, and final interview with - hiring authority. Any offer of employment is expressly conditioned upon the successful completion of a pre -employment drug/alcohol screening 03/26/02 Recreation Assistant Formatted: Indent: Left: 0" Agenda Page 180 of 184 MOAB CITY COUNCIL MEETING April 14, 2015 Agenda item #: 7-7 Title: Resolution #11-2015: Proposed Resolution #11-2015 — A Resolution Approving a Cooperative Agreement Between the Utah Division of Water Rights and the City of Moab Utah Fiscal Impact: The costs associated with this agreement are budgeted in next year's budget, not to exceed $60,000 Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Administration Applicant/Vendor: N/A Background/Summary: As part of the regional water planning, we have been invited to participate in a study of the groundwater system of Moab and Spanish Valley with the Utah Division of Water Rights. The City is agreeing to provide shared funding not to exceed $60,000, of which $45,000 will be provided by in kind services and direct payment of costs related to drilling services for the study. The city is also agreeing to coordinate the drilling services for the project with USGS (United States Geological Survey). These funds have been included in the Administrative Recommendation of the FY 2015-2016 budget. Options: Approve, Approve with Changes, Deny or Postpone Staff Recommendation: Staff recommends approval of the agreement as presented. Recommended Motion: "I move to approve Resolution #11-2015 as presented." Attachment(s): Cooperative Agreement Agenda Page 181 of 184 Resolution #11-2015 A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE UTAH DIVISION OF WATER RIGHTS AND THE CITY OF MOAB Whereas, the governing body of the City of Moab desires to enter into a Cooperative Agreement between the Utah Division of Water Rights for the purpose of funding a cooperative project to develop a study of the groundwater system of Moab -Spanish Valley, Utah; and Whereas, the governing body of the City of Moab agrees to provide funding for the cooperative project in an amount not to exceed $60,000; and Whereas, the Agreement has been presented to this meeting of the City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 14th day of April, 2015. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Resolution #11-2015 Agenda Page 182 of 184 Page 1 of 1 COOPERATIVE AGREEMENT BETWEEN THE UTAH DIVISION OF WATER RIGHTS AND THE CITY OF MOAB MODIFICATION #1 The terms of the payment of the City of Moab's agreed -to funding for the cooperative project to develop a study of the groundwater system of Moab — Spanish Valley, Utah are hereby modified as follows: 1. The City of Moab continues to agree to provide funding for the project in an amount not to exceed $60,000. 2. A portion of the funding not to exceed $45,000 will be provided by in kind services and direct payment of project costs, including but not limited to services and costs related to procurement of drilling services for the project. 3. The City of Moab will coordinate with the United States Geological Survey (USGS) to develop the scope of work for drilling services for the project. 4. Other than for those related to drilling services, the City of Moab shall notify and receive approval from the Division of Water Rights prior to providing in kind services or direct payment of project costs. 5. The City of Moab will document the value of all in kind services and direct payments of project costs within 30 days after the end of the City of Moab's fiscal year 2016. 6. The balance of the City of Moab's total project funding will be payable during the City of Moab's fiscal year 2017. The City of Moab will pay the Division of Water Rights within 30 days of receipt of an invoice from the Division of Water Rights. Director Date Utah Division of Water Rights Budget Officer (Availability of Funds) Date Utah Division of Water Rights Executive Director Date Utah Department of Natural Resources Agenda Page 183 of 184 David L. Sakrison, Mayor Date City of Moab, Utah Attest: Rachel E. Stenta, City Recorder Date City of Moab Agenda Page 184 of 184