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HomeMy Public PortalAboutPKT-CC-2015-07-28Moab City Council July 28, 2015 Pre -Council Workshop/Presentation 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 107 Agenda Page 2 of 107 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, July 28, 2015 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 June 9, 2015 CITIZENS TO BE HEARD PRESENTATIONS 3-1 Mayoral Recognition of Moab Free Health Clinic VISTA Volunteers 3-2 General Plan Update PROCLAMATIONS None PUBLIC HEARING (Approximately 7:15 PM) None SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Performance Permit for American Rhythm Folk Ensemble to Conduct a Performance at 83 South Main Street on July 31 and August 1, 2015 6-2 Approval of a Request by Rachel Parker for an Amplified Music Event at Old City Park on September 26, 2015 NEW BUSINESS 7-1 Approval of Proposed Waste Water Treatment Plant Location 7-2 Consideration of Proposed Ordinance #2015-08 — An Ordinance Amending the City of Moab Municipal Code, Sections 17.09.530 B and 17.09.531(9) by Amending the Conditions for the Approval of Bed and Breakfasts as a Conditional Use 7-3 Approval of Proposed Resolution #27-2015 — A Resolution Approving a Boundary Line Adjustment for Property Located in the R-2, Single- and Two -Family Residential Zone at 491 Nichols Lane and 498 Rosetree Lane, Owned by Drake Taylor and Helene Boyer 7-4 Approval of the 2015 Moab Municipal Primary Election Poll Workers 7-5 Approval of Funding for a Riparian Master Plan Agenda Page 3 of 107 7-6 Consideration of Proposed Ordinance #2015-05 — An Ordinance Amending the City of Moab Municipal Code, Chapter 17.33, FC-1 Flood Channel Zone, Specifically Referencing Activities in the Regulatory Floodway SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 107 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Councilmembers and Media From: Mayor David L. Sakrison Date: 7/27/2015 Re: Regular City Council Meeting Addendum Mayor: Council: David L. Sakrison Kyle Bailey Heila Ershadi Doug McElhaney Kirstin Peterson Gregg W. Stucki ADDENDUM - NEW BUSINESS 7-7 Consideration of a Request of a Refund of Impact Fees for the Housing Authority of Southeastern Utah for the Deer Trail Subdivision The meeting will be held at the Moab City Center, Council Chambers, 217 East Center St., Moab, Utah. Mayor David L. Sakrison Mayor 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. REC-M EM-15-07-002 First EPA Green Power Community in the Nation MOAB CITY COUNCIL SPECIAL MEETING June 9, 2015 The Moab City Council held a Special 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 Special Meeting to order at 1:08 PM. In attendance were Councilmembers Heila Ershadi, Kirstin Peterson, Kyle Bailey and Gregg Stucki. Also in attendance were City Manager Rebecca Davidson, City Recorder/Assistant City Manager Rachel Stenta, Economic Development Coordinator/Administrative Analyst Kenneth F. Davey, Acting City Engineer Eric Johanson, Planning Director Jeff Reinhart and Zoning Administrator/Planning Assistant Sommar Johnson. In attendance from Grand County were Councilmember Mary McGann and County Planner Zacharia Levine. One member of the audience was present. Representatives from Envision Utah made a presentation. Discussion followed. Councilmember Stucki made a motion to adjourn. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 1:38 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder June 9, 2015 Page 1of1 SPECIAL JOINT MEETING & ATTENDANCE PRESENTATION BY ENVISION UTAH MOTION TO ADJOURN, APPROVED ADJOURNMENT Agenda Page 5 of 107 6/5/15 City of Moab GENERAL PLAN The Moab Planning Commission Kelly Thornton Jeanette Hope11 Wayne Hoskisson Joe Downard Laura Uhle The Moab City Council Kyle Bailey Heila Ershadi Doug McElhaney Kirstin Peterson Gregg Stucki Mayor David Sakrison Moab Planning & Economic Development Departments Jeff Reinhart Sommar Johnson Ken Davey City Manager Donna Metzler Others David Olsen - Community Development Director Eric Johanson - Engineering and GIS Agenda Page 6 of 107 2 TABLE OF CONTENTS CHAPTER 1— INTRODUCTION Purpose Need for Long Range Planning Challenges City of Moab Community Vision A Vision for Moab CHAPTER 2 — PLANNING CONTEXT History Population and Growth Natural Environment Climate and Temperature Land Use Governmental Structure Public Buildings, Facilities, and Services Infrastructure Relevant Planning Documents Other Context CHAPTER 3 — GENERAL PLAN UPDATE AND PROCESS Background Public Engagement General Plan Implementation CHAPTER 4 — GOALS, POLICIES AND ACTION STEPS Overview Components Section 1 ECONOMIC DEVELOPMENT Section 2 ENVIRONMENTAL SUSTAINABILITY Environmental Sustainability — General Visual Resources Air Quality Water Quality Water Quantity Energy & Resource Conservation Section 3 LAND USE AND GROWTH Land Use — General Natural and Environmental Constraints Urban Design and Character Preservation Resource Protection Agenda Page 7 of 107 3 Street Trees and Landscaping Historic Preservation Commercial Residential Industrial Agriculture Open Space Flood Channel Annexation Section 4 HOUSING Housing Affordable Housing Section 5 PARKS AND RECREATION Parks Recreation Section 6 ARTS AND CULTURE Arts and Culture Section 7 TRANSPORTATION & CIRCULATION Transportation & Circulation — General Pedestrian Non -motorized Vehicles Motorized Vehicles Sidewalks and Streets Section 8 PUBLIC WORKS Public Works — General Water Services Sewer Services Wastewater Treatment Stormwater Solid Waste Facilities Private Utilities Section 9 CIVIC SERVICES AND FACILITIES Municipal Properties Peacekeeping & Law Enforcement Health and Emergency Services Education Appendix A: Utah Noxious Weed Act Affordable Housing Agenda Page 8 of 107 4 Maps Proposed Annexation Paths and Trails Bike Lanes Sidewalk Improvements Proposed 60' Public Rights of Ways Agenda Page 9 of 107 5 CITY OF MOAB GENERAL PLAN "What is needed is for every person to feel at home in the place of his local government with his ideas and complaints. A person must feel that it is a forum, that it is his directly, that he can call and talk to the person in charge of such and such, and see him personally within a day or two. For this purpose, local forums must be situated in highly visible and accessible places." A Pattern Language CHAPTER 1 - INTRODUCTION Purpose The Moab General Plan is the City's official statement of its goals and policies. These goals and policies guide future development and reflect the long-term vision of the community The General Plan also provides an implementation plan for these goals and policies as well as a technical foundation for political decision -making The term "general plan" is synonymous with the terms "master" or "comprehensive" plan. Utah Code 10-9-301 - Land Use Development and Management Act directs all municipalities to prepare and adopt a comprehensive long-range land use plan. Need for Long Range Planning Land development takes place one parcel at a time. Changes or impacts from each individual development may be small. But over the years, the combined change resulting from all the individual development decisions can be large. While development proposals are reviewed individually, a master plan provides the context for looking at the cumulative impacts of development. Planning provides a long term, big picture view of future development and the changes that can result, and seeks to guide this development so as to maximize benefits and minimize conflicts and adverse effects. This big -picture framework thereby provides a basis from which to evaluate individual development proposals with consistency and fairness. Challenges As a tourism -driven economy and a small desert community, the City must balance the needs of residents with those of visitors. Due to the regular seasonal visitation, the city's infrastructure and services must meet the demands of a temporary population that is two to three times the size of the residential population. This creates cost and planning challenges. There are also implications for housing, employment, and related social issues. The land use patterns of the boom and bust economic cycles have influenced the eclectic land use pattern that is found in Moab today. For example, a quaint historic cabin can be found next to a 1980s era split level house. This unconformity defines Moab's built character and architectural styles. Many short-term decisions were based on immediate pressures and the result is piecemeal land development. Residents Agenda Page 10 of 107 6 have expressed a desire to preserve Moab's character, eclecticism, and small-town charm. The challenge is to balance the irregular patterns with modern zoning and development concepts. Moab is the center for commerce and services in Grand County and the region. Locally -owned businesses are valuable to the local economy and provide goods and services to residents and visitors. The absence of large- scale chain retail stores and stores that cater to local needs limits options of residents to shop locally, leading many of them to shop out of town or online. This can be an inconvenience for residents and a potential loss of tax dollars for the City. Moab is faced with choices in how to balance these needs and maintain the character of the community. Decisions made by the city often have impacts beyond its limits. In addition, the city regularly interacts with and is affected by federal, state, county, other agencies and private groups. This creates the need for careful cross -agency planning and cooperation. Other challenges include the community's remote location, geographical constraints and arid surroundings. In addition, U.S. Highway 191 bisects the city and is a major thoroughfare for local, commercial, and tourism traffic. This leads to congestion, safety, and noise impacts. The challenge for the city is to mitigate these impacts and maintain a vibrant Main Street district. City of Moab Community Vision The Community Vision is a group of statements that summarize the values shared by the community for the future. The Vision was originally written as part of the 2002 General Plan, and has been revised as part of this update based on public input. A Vision for Moab In planning for the future of Moab, the community vision encompasses the following goals: 1. Promote Downtown Moab as a center of commercial activity and employment. 2. Promote a compact development pattern that makes efficient use of public facilities and services, encourages mixed uses, protects open spaces and minimizes urban sprawl. 3. Maintain Moab's small town character. 4. Encourage community -wide connectivity, between schools, neighborhoods, work places, downtown, and tourist destinations. 5. Encourage a diverse mix of year-round employment opportunities offering competitive salaries and meaningful work to raise residents' standard of living through an economically viable community 6. Recognize the value of Moab's surrounding landscape and other natural resources to enhance the quality of life for community residents and to ensure the longevity of Moab's tourism industry. 7. Support a variety of housing opportunities in Moab. Agenda Page 11 of 107 7 CHAPTER 2 — PLANNING CONTEXT History Millions of years of natural erosion from wind and water left behind the unique landscape that helped shape Moab's way of life. The first evidence of habitation in the Moab area dates back several thousand years. Pictographs and petroglyphs have been found in the area that date from 1,500 to 4,000 years old or older. The most recognized ancient culture to occupy the area was the Ancestral Puebloan, who did not inhabit the region until approximately 900 A.D. The Moab vicinity was the northern limit of Ancestral Puebloan habitation, but sometime between 1250 and 1300 A.D. the Ancestral Puebloans disappeared from the area. While there is some disagreement regarding the entrance of modern Native Americans into the area, the Ute people were the dominant Native American group in the 18th century. The Colorado River crossing north of Moab provided the ancient people as well as those who came after a shallow and safe location for fording of the river. This crossing was a key component of the Old Spanish Trail, which ran from Santa Fe to Los Angeles. By 1855, the Navajo were also living in Spanish Valley, just south of Moab. Around the same time, an area near Moab was settled by a Mormon missionary group. Because of conflicts with native peoples, the missionaries did not remain long. It would not be until 1874 that the next group of settlers and cattlemen arrived. Ranching was the main activity, but some settlers attempted to grow crops including vineyards and fruit trees. By the late 1800s peaches, apples, pears, and grapes were being cultivated and shipped throughout the region. The expense of pumping irrigation water and unpredictable freezes prevented Moab from becoming a major agricultural area. In 1890, Grand County was created by the Utah Legislature and on December 20, 1902, Moab became incorporated as a municipality. Like settlements of the Church of Jesus Christ of Latter-day Saints (LDS), Moab was laid out according to the "Plat of Zion." This grid pattern, inspired by LDS founder Joseph Smith, featured square blocks that were intended to concentrate homes, and create order. Elements of that design can still be seen today including a uniform grid pattern, a north -south orientation, wide streets and long narrow lots. The first known zoning code for Moab was published in 1954. Throughout the first half of the Twentieth Century Moab's economy was primarily based on farming, ranching, and fruit growing. There was some limited mining during these years, and southeast Utah, known for uranium deposits, became a popular area for uranium prospecting when the United States government encouraged exploration to meet the military weapon development programs. A geologist named Charlie Steen discovered a massive high grade uranium deposit southeast of Moab and a prospecting boom began. During the 1950s Moab grew from a population of 1,275 to over 5,000 residents. 1960s saw the construction of a uranium processing plant along the Colorado River and a small oil and gas production boom, further cementing extractive industries as the core of the local economy. Agenda Page 12 of 107 8 Tourism was also growing during this time, though at a much more modest pace. Arches National Monument became a national park and visitation between 1960 and 1970 grew from 71,600 to 178,500. By the mid-1970s demand for uranium declined and mines near Moab started shutting down. The uranium processing plant began a series of layoffs and ceased operations in 1984. Moab went into an economic tailspin. The population went from 5,333 in 1980 to 3971 in 1990. Homes were shuttered, businesses closed, and government services were reduced. At one point the local school district instituted a 4-day school week to save money. But while extractive industries declined, tourism gained momentum, spurred on by the growing popularity of mountain biking and increasing interest in the regional national parks. The 1990s saw the construction of new hotels and restaurants, and downtown storefronts began reopening, catering to the burgeoning tourist market. National park visitation mushroomed and by 2014 Arches National Park attracted 1,284,767 visitors. The 2010s have seen some modest growth in oil and gas production, but for the most part Moab remains dependent upon tourism as an economic driver. Today, Moab is the hub of Utah's southeastern corridor. It is 234 miles southeast of Salt Lake City and 113 miles southwest of Grand Junction, Colorado. It is located on State Highway 191 along the Colorado River about 30 miles south of Interstate 70. Town Name Population Distance from Moab Castle Valley 324 (2012) 22 miles La Sal 395 (2012) 31 miles Monticello 1,980 (2012) 54 miles Green River 949 (2012) 52 miles A portion of Moab's workforce lives south of Moab in unincorporated Grand and San Juan counties. Population and Growth The uranium mining boom in the early 1950s created the most significant population growth in the history of Moab. The number of residents increased dramatically from 1950 to 1960. Although no other era would experience the degree of growth that Moab saw during that time, the community would continue to expand into the early 1980s. This trend then reversed, with Moab's population declining from a high of 5,333 people in 1980 to only 3,971 in 1990. This was largely the result of mine closures and the uranium mill closure. Historical Population inr Census Population %± 1890 333 - 1900 376 12.9 Agenda Page 13 of 107 9 1910 586 55.9 1920 856 46.1 1930 863 0.8 1940 1,084 25.6 1950 1,275 17.5 1960 4,682 267.5 1970 4,793 2.4 1980 5,333 11.3 1990 3,971 -25.5 2000 4,779 20.3 2010 5,046 5.6 2012 5,093 .9 In the early 1990s, Moab began another cycle of growth fueled by the burgeoning tourist industry. Current population growth is very modest, less than 1% per year. Today, the year-round population of Moab is approximately 5,150. Natural Environment Moab is strongly defined by its location and surroundings. Situated at roughly 4,000 feet in elevation and enclosed by red rock cliffs, Moab lies in a verdant valley along the Colorado River. The creeks and springs and close proximity to the Colorado River created an oasis in the desert. In any direction the rock walls present a stunning contrast to the desert sky, the towering La Sal Mountains, and the trees and fields of the valley floor. The harsh desert that encircles the community once proved to be a major detriment to development and sustaining a population. Now this natural environment is the greatest asset to supporting a thriving tourism economy. The surrounding sandstone enhances the beauty of the area but increases the danger of sudden storm water runoff. Whether the water comes from sudden short lived monsoonal rain storms or from rapid snow melt, there is always a chance of local flooding. Heavy concentrated rainfall can swell Mill Creek and Pack Creek and often causes the eroded faces of the cliff slopes to act as discharge chutes for larger collection basins on top of the surrounding high ground. More recent attempts to tame the flood potential have had a positive effect in protecting public and private property. Climate and Temperature Temperatures in Moab have been reported as high as 113 degrees Fahrenheit and as low as —20 degrees F. In spite of the intense heat each summer, Moab's climate is generally categorized as "temperate." The frost -free period in Moab averages 184 days per year. Rainfall averages only eight inches per year, with October being the wettest month, followed by March, July and April. During the summer, Moab is prone to sudden brief, violent thunderstorms that often result in flash floods. JAN Average Daytime/Nighttime Average Monthly Temperatures (Fahrenheit) Precipitation (inches) 49.6/18.0 .53 Agenda Page 14 of 107 10 FEB 50.4/25.5 .62 MAR 60.2/34.2 .71 APR 72.5/41.9 .79 MAY 82.4/50.1 .57 JUNE 92.0/57.5 .45 JULY 99.0/64.1 .49 AUG 95.3/62.8 .87 SEPT 87.1/52.8 .83 OCT 73.8/40.8 1.16 NOV 56.0/30.6 .60 DEC 45.1/21.4 .64 Land Use Moab's current city limits include approximately 3,050 acres of land. The City has a variety of land use types including residential, commercial, industrial, and some mixed use. According to a GIS- based build out analysis, about two-thirds of that area has buildings or development on it, is conserved or is parkland, or is severely constrained from development due to topography or natural resources. Moab is home to a variety of neighborhoods, ranging from those that are higher density with a variety of lot sizes, to traditional suburban development with larger lots and lower density, to mobile home neighborhoods. The main commercial area begins at the Colorado River Bridge and follows Hwy 191(Main Street) south to the city limits. Other commercial areas exist off of Main Street. The traditional downtown area is primarily composed of unique tourist related businesses. At this time, there is no large-scale chain retail in Moab. Development patterns often do not fit current zoning classes. Single family residences on very large lots have been the development pattern for many years even in the multi -family zones. Significant development occurred prior to the codification of the zoning ordinances in 1954. Development and economic pressures along with fluctuations in population at different times led to development anomalies that still exist today. In addition, there are minor differences among similar zone classifications that may be too complex for the size of the community. Moab is surrounded on all sides by public lands (see map on previous page). Roughly, 93% of Grand County is held by various federal and state government agencies. To the east, south and west is predominantly Bureau of Land Management (BLM) property and to the north is Arches National Park. Throughout the area are also pockets of School and Institutional Trust Lands (SITLA), such as the parcel recently annexed by the City for the potential future Utah State University (USU) Campus south of Moab. The Nature Conservancy (TNC) is also an important open space land owner in the area. The TNC and the Utah Division of Natural Resources jointly own and manage the 894 acre Matheson Wetlands Preserve that provides wildlife habitat. Governmental Structure The City of Moab is governed by a city council and mayor. Agenda Page 15 of 107 11 Five city council members are elected at large to 4-year terms. The city council considers and approves resolutions, ordinances and financial activities of the city. The city council also hires and oversees the work of the city manager. The mayor, elected to a 4-year term, chairs the city council meetings and votes to break city council ties. The mayor also signs official city documents and contracts. With the advice and consent of the city council, the mayor appoints the police chief, public works director, city treasurer and city recorder as well as board members of the planning commission and the board of adjustments. The city manager is the chief executive officer of the city. All departments and employees, including appointed officials, report to the city manager. The city manager works under a contract approved by the city council. The City of Moab provides standard city services to the public, including administrative record keeping, business licensing, building inspection (via a contract with Grand County), planning and zoning, police and public safety services, an active recreation department that includes sports and arts programs, animal control services and an animal shelter, solid waste collection (by contract with a private company), culinary water and sewer services, a wastewater treatment plant, and community and economic development projects and programs. The City also has various agreements with other local government entities for the provision of services, including Recreation, Animal Control, Drug Law Enforcement, Dispatch services, and a number of other services. The City's financial structure is based primarily on sales tax revenues and user fees. The City of Moab does not charge a property tax. Therefore, the City of Moab does not have any General Obligation debt, financing large sale projects through long-term savings, outside grants, and sales tax and revenue bonds. The City currently has no debt in its water and sewer fund, while it has two outstanding sales tax revenue bonds —one for the renovation of the City Center and one for the construction of the Moab Recreation and Aquatic Center. The City has historically been in a financially sound situation, with revenues exceeding expenditures on an annual basis, and with no need for layoffs or other extreme cost-cutting measures. Public Buildings, Facilities and Services Moab offers a variety of services and facilities, provided by a number of agencies and organizations. City Services and Facilities City owned and operated buildings include: • Moab City Center, which houses the city council chambers, administrative offices, police, and animal control; • Moab Public Works Facility, which houses the city's maintenance crews and equipment; • Moab Animal Shelter, which serves Grand County as well as Moab City; • Moab Arts and Recreation Center, which provides space for art, dance and movement events and performances as well as cultural and recreation classes and workshops; • Moab Recreation and Aquatic Center, which provides indoor and outdoor pools and a fitness center; • Moab Waste Water Treatment Plant, which serves Moab and Grand County homes and businesses; and Agenda Page 16 of 107 12 • Center Street Gym, which provides for adult and youth basketball and volleyball as well as other indoor recreation activities. City owned and operated facilities include: • Culinary water system serving homes and businesses. • Four water storage tanks. • Numerous culinary water wells and springs. • Water treatment plant serving Moab and Grand County residents and businesses. Parks and Recreation There are over a dozen parks and two recreational facilities in the City of Moab. City parks include ball fields, musical playgrounds, play equipment, hiking/biking trails, a bike park, skate park, dog park, duck ponds, stages, amphitheaters, water features, and other outdoor gathering spaces. The Moab Recreation and Aquatics Center, the Moab Arts and Recreation Center and the Center Street Gym also offer recreational opportunities. Grand County also provides facilities for use by the community These include the Grand Center, Old Spanish Trail Arena Complex, and numerous paths and trails. The City of Moab has an extensive park and trails system: • Moab Golf Course, owned by the City but managed by the Moab Country Club. • Mill Creek Parkway trail system, 6 miles of trail and connecting trails running through town. The Mill Creek Parkway also connects to numerous hiking trails. • An extensive bike lane and trail system throughout town and connecting to trails outside city limits. • Swanny City Park • Old City Park • Rotary Park • Center Street Ball Park • Dixie Park • Anonymous Park • Bullick Cross Creek Park • Cross Trails Park • Bark Park (a dog park with separate sections for small and larger dogs) • Ute Circle Park • Lions Park • Frisbee Golf Course • Sun Court • Moonstone Gallery • A BMX course • A skate park • A slackline area Law Enforcement/Crime Rate The Moab Police Department has 14 certified officers. The department's primary jurisdiction is Agenda Page 17 of 107 13 within Moab city limits, but the department also works closely with the Grand County Sheriff's Office and the Utah Highway Patrol on investigations and emergency response. In 2012 the crime rate in Moab was 43.98 incidents per thousand residents, higher than some rural areas of the state but not unusual for a tourist area, where crime rates are often inflated due to the large number of non-residents in town. Special events and visitor fluctuations create staffing challenges for the department. Infrastructure The City of Moab owns, maintains and operates the full range of municipal infrastructure, including water and sanitary sewer systems, a wastewater treatment plant, a storm water drainage conveyance system, a network of streets and roads, and a trail system. The City adopts an annual Capital Improvements Plan, which includes projects for the current year as well as anticipates projects for a twenty-year time horizon. The City has an ongoing effort to upgrade streets, walkways and other structures to meet ADA and safety standards, and to plan for future growth and development The City requires developers to install infrastructure to serve new projects and collects impact fees on new water and sewer connections to help pay for future expansion of these services. Water The History of Water in Moab As is typical with towns in the southwestern United States, obtaining a dependable water supply for the City of Moab has historically been a primary concern. In 1907, due to water quality concerns, a wooden pipeline was constructed from the mouth of Mill Creek to the center of town. A few years later, a group of townsmen obtained the water rights, formed the Moab Pipeline Company, made the necessary improvements and sold the water to the town for profit. Over time, the City found other water resources from springs along Pack Creek and bought out the pipeline company. By 1950, the City had two 200,000 gallon storage tanks and was in fairly good shape for water. Then the uranium boom hit, which would establish Moab's water landscape as it exists today. Moab's rapid population growth in the 1950s quickly outgrew the available drinking water infrastructure. Water rationing was a common occurrence. Forward thinking individuals recognized that having sufficient water rights was vital to the growth and sustainability of the community The City purchased the Sommerville Ranch for its water rights in 1957, which contains three of the four springs that are still used by the City. This purchase enabled the City to also develop several wells, two of which are currently being used to meet the peak summer demands. During the 1950's, the City also negotiated the use of the Skakel Spring on the northern side of the City. In the 1990s, the City purchased full rights to the water from Skakel Spring. As the population continued to grow, water tanks built as part of the 1951 water line project could not provide sufficient storage capacity or adequate pressures. This prompted the City to construct the Powerhouse Tank in 1959 and the Mountain View Tank in 1962 each with a capacity of one million gallons. Skakel Tank came later (1981), bringing the combined storage up to three million gallons. Water Rights and Resources The City has water rights for a sufficient number of culinary water wells and springs to meet current population and business needs. Over the years, the City has acquired water rights equaling 9.137 million gallons per day. Build -out projections indicate that the City will need approximately 5.135 million gallons per day to serve a population of 18,473, meaning that the City of Moab has about 44% more in water rights and source capacity than would be needed at build -out, which, at the City's current growth rate would be reached in about 130 years. But, water rights do not always indicate the actual quantity of water available to their holders. In addition, some wells and springs have shown lower flows than in the past, and generalized drought conditions throughout the western United States have led the City to join Agenda Page 18 of 107 14 with Grand and San Juan counties to begin extensive studies and modeling to determine the long-term viability of our underground culinary aquifers. Water System Components In addition to the three storage tanks, the existing water transmission and distribution system contains 50 miles of pipe, three pressure zones with 5 pressure reducing stations, approximately 640 valves and 234 hydrants. Because many of the City's water system components date from the 1960s and earlier, they are reaching the end of their useful life. Assessment of system weak points and timely replacement will help avoid failures and costly emergency maintenance. Water Quality All drinking water for the community is supplied via wells and springs from the Glen Canyon Aquifer. This large aquifer located mostly south and east of the City, is contained in the highly porous Navajo and Wingate sandstones as well as the Kayenta formation, which consists of low permeability siltstone. Snowmelt from the La Sal Mountains provides recharge for the aquifer. This water is classified as Class 1A, pristine groundwater, and Class 1B, irreplaceable groundwater, by the Utah DEQ Division of Drinking Water and has been designated as a Sole Source Aquifer by the U.S. Environmental Protection Agency. The City does not get any water from the Colorado River. At present, the quality of water that has been used from the aquifer needs no significant water treatment. According to the Conservation Plan, the use of such a facility is not anticipated. Water quantity is also a topic of concern for residents, and while Moab does not have a surplus of water, it does have sufficient water rights for its size and current growth trends. Water Conservation The City has adopted a Water Conservation Plan that calls for specific measures to encourage more efficient and responsible water usage. The plan delineates reduction goals for both residential and commercial usage. Particularly, the plan calls for a 5% reduction in per capita water use, and a 10% reduction in outdoor usage for the period of 2010 to 2016. Given that outdoor water makes up a very large percentage of the City's water usage for both residential and commercial customers, reduction in outdoor culinary water use is of primary importance in the plan. Other Water Purveyors and Agencies The City of Moab is not the only water purveyor in Moab. The Grand Water and Sewer Service Agency (GWSSA) and the Moab Irrigation Company provide water to property owners in and outside the City, with GWSSA mostly providing water outside city limits. The Moab Irrigation Company is a private company which has water shares available for purchase by property owners. In addition, the Grand County Water Conservancy District and the Moab Area Watershed Partnership address water issues in Moab and Grand County. Sanitary Sewer/Wastewater Treatment The City's wastewater collection and conveyance system consists of over 36 miles of sewer pipelines. The City's wastewater treatment plant is a regional facility serving Moab and nearby unincorporated Grand County. Many of the collection facilities were built in the 1950's and 1960's as part of the proliferation of neighborhoods and subdivisions associated with the uranium boom. As the system continues to age, it will become prone to structural deterioration and hydraulic deficiencies. Agenda Page 19 of 107 15 The Moab Wastewater Treatment Plant was last upgraded in 1996. Due to growth and new regulations, Moab is in the process of upgrading its wastewater facility and components to increase capacity and ensure future compliance with discharge permits. This upgrade will take into account growth in Moab, Spanish Valley and northern San Juan County. The deteriorating physical condition of the collection and treatment system will necessitate the rehabilitation or replacement of existing facilities. Ongoing inspections and availability of funding will determine the scope and timing of system improvements. Storm Drainage Seasonal heavy rainfall, along with large areas of sandstone cliffs and other areas surrounding Moab can pose significant storm water drainage issues for the City. While the City does not have a comprehensive storm drainage system, it does have a variety of storm water drainage facilities including check dams, drains, pipes, ditches, retention and detention systems, as well as street conveyance systems. The City adopted a Master Storm Water Management Plan in 1999, and updated it in 2007. The 2007 Plan identified a number of priority projects, with the Stewart Canyon Detention and Outfall, the South Area Trunk System and 200 South Upgrades as the top three priorities. In 2008, the City adopted a storm water fee system on residential and commercial properties in Moab to help offset the cost of these improvements. A further update to the Storm Water Management Plan is needed. Street Network There are approximately 26 miles of road within city limits. The original townsite of Moab follows the Utah tradition of wide streets and long blocks laid out in a grid, while areas of town developed during and since the uranium boom follow more typical U.S. urban and suburban layouts with somewhat narrower streets and occasional cul-de-sacs. The primary roads in Moab also often function as part of the storm water drainage system, carrying storm water to the west and into the Matheson Wetlands Preserve or the Colorado River. The City also has an extensive system of bike lanes throughout neighborhoods. There are no bike lanes on Highway 191/Main Street in the center of town, but UDOT has installed bike lanes on the northern section of the road as it heads toward the Colorado River Bridge. Highway 191 is the primary access route in and out of Moab and travels through downtown Moab as Main Street. Highway 191 is part of the Utah Department of Transportation highway system, and the State is responsible for oversight and maintenance. While the highway sees a significant volume of local traffic, a good portion of the traffic is through -traffic. Traffic statistics indicate that approximately 9% of that traffic is small trucks such as UPS vehicles and 22% are large trucks, semi -tractor trailers. Maintenance of the City's street network is a substantial responsibility that includes everything from street sweeping and snow removal to pothole patching and asphalt replacement. Moab's Streets Department is responsible for all streets in City limits with the exception of UDOT maintained Main Street (US-191) and a few cross jurisdictional roads maintained by the County. The City receives Class C State Road Funds to help pay for city street maintenance, with maintenance supplemented by City general funds. Since Class C funding is based on road mileage not area, the excessive width of many of the city streets intensifies the funding shortfall. This funding is not sufficient for maintenance let alone to reconstruction of roads that are failing. Though the City sets aside money from its general fund each year for road reconstruction, many streets are in fair or poor condition. The City has put together a prioritized maintenance and replacement list to address this issue, and intends to seek funding sources. Sidewalks, Paths and Trails Pedestrian and bicycle transportation infrastructure is a cornerstone of Moab's local, sustainable transportation system. The City of Moab has already worked to develop designated bicycle lanes, improve Agenda Page 20 of 107 16 pedestrian sidewalks and paths, and ensure the safe movement of multi -modal traffic on local roadways, and has ongoing projects occurring continuously. Maintaining and further expanding upon these efforts is essential to meeting the community's vision for an easy to navigate street system, and to continue to be a bicycle and pedestrian friendly community. The Mill Creek Parkway and developing Pack Creek Parkway are non -motorized paths and trails that meander through the city tying many of the neighborhoods and open spaces together. Starting construction in 1994, Mill Creek Parkway has become a vital recreational outlet and transportation connection for walkers, joggers and bicyclists in Moab. Even in 100 degree desert heat, the parkway stays green and shady; a welcome refuge for visitors and residents alike. Mill Creek Parkway, as well as the floodway and riparian zone surrounding Pack Creek, are the backbone of this system, with other conserved areas scattered throughout the City. Further expansion of the parkway is planned. The City of Moab, Grand County Trail Mix and Moab Trail Alliance (MTA) are active in promoting trail development. Trail Mix is a multi -agency organization with the mission to develop and preserve an integrated network of trails for a safe, convenient, and enjoyable recreation and transportation experience. County Services and Facilities Moab is the county seat of Grand County. Moab residents utilize many facilities and services provided by Grand County or by special service districts established by Grand County. While many Grand County facilities serve city residents, Grand County does not have land use or law -making jurisdiction over the incorporated area of the city. Services and facilities provided by Grand County include: • Grand County Courthouse • Moab Visitors Center • Grand Center • Moab Library • Star Hall • Spanish Trail Arena and field complex • Moab and Klondike landfills • Spanish Valley Water and Sewer District • Canyonlands Care Center • Canyonlands Airport • Canyonlands Community Recycling Center • Family Support Center/Children's Justice Center • Sand Flats Recreation Area • Housing Authority of Southeast Utah • Lions Transit Hub • Ken's Lake agricultural reservoir • Grand Valley Cemetery • Sunset Memorial Gardens cemetery • Moab Fire Department • Emergency Medical Services • Grand County Search and Rescue Public Education Services and Facilities Agenda Page 21 of 107 17 The Grand School District, which is a subdivision of the State of Utah, provides elementary and secondary public education services within the community. The City of Moab cooperates extensively with the school district on a variety of issues, including law enforcement, recreation programming and social issues. School District facilities include: • Helen M. Knight Elementary School • Grand Middle School • Grand High School • Moab Charter School • Arches Education Center • Sundwall Center In addition, Utah State University has established a Moab Center and is in the process of designing and building a USU-Moab campus. The City of Moab strongly supports these efforts. State Services and Facilities The State of Utah has a number of regional offices and services located in Moab, necessitating cooperation with a number of different agencies. These include: • Utah State office building • Moab Workforce Service building • UDOT yard • Public Health office • School and Institutional Trust Lands Administration office • Adult Probation and Parole office • Rehabilitation Services office • State Liquor Store Federal Services and Facilities The federal government has headquarters and offices in or near Moab that include the National Park Service, the National Forest Service, the Bureau of Land Management, the US Geological Survey, and the Moab Interagency Fire Center. The activities of the federal government affect the City of Moab in many ways, necessitating cooperation with a number of different agencies. Non -Profit Services and Facilities Moab and Grand County has an extensive network of local non-profit organizations that provide services to residents and visitors. Some of the major local non -profits include: • Matheson Wetlands Preserve • Four Corners Community Behavioral Health • Moab Regional Hospital • Moab Free Health Clinic • Youth Garden Project • Moab Valley Multicultural Center • Wabi Sabi • Community Rebuilds • Salvation Army • Veterans of Foreign Wars Agenda Page 22 of 107 18 Other Services and Facilities Moab residents and businesses served by a number of utilities and communications providers, including: • Questar Gas • Rocky Mountain Power • Frontier Communications • Emery Telcom • DirecTV • Dish TV • River Canyon Wireless Relevant Planning Documents To be most effective, a municipality's general plan should be in alignment with the goals and objectives of its other community regulations and plans. As part of the 2015 General Plan Update process, the documents below have been considered as part of the Planning Context to ensure this alignment and to help support future implementation. City of Moab & Grand County, Utah Water Conservation Plan Update (2011) The Water Conservation Plan is meant to address how Moab will meet its future water demand needs through water conservation programs and practices. The Conservation Plan Update suggests that the City progressively implement the water conservation measures outlined in this plan, concentrating on reduction in outdoor water use, in order to ensure water resources do not become scarce regardless of climatic or development pressures. City of Moab Storm Water Management Plan (MSWMP) (1999) The MSWMP was created to address the impacts of past and future growth on the storm water system and establish an action plan to address those impacts. Natural Hazards: Pre -disaster Mitigation Plan for the Southeastern Region of Utah (2013) Based on the Disaster Mitigation and Cost Reduction Act that President Clinton signed into law in October 2000, the required plan identifies potential hazards, potential losses, and possible mitigation measures to limit losses due to natural disasters. Grand County, Utah General Plan (2012) The Grand County General Plan establishes the county's goals for the future and provides direction for decisions affecting the use and development of land, preservation of open space, transportation systems, partnerships with other organizations, economic growth and the expansion of public facilities and services. The plan is written to provide general policy direction, guide decision -making and set priorities. Grand County & City of Moab Housing Study and Affordable Housing Plan (2009) This plan was prepared with collaboration between the City of Moab, Grand County, the Housing Authority of Southeastern Utah (HASU), and the Rural Community Assistance Corporation (RCAC). The study examined the supply and demand of affordable housing and proposed goals and objectives to address affordable housing issues. Grand County Non -Motorized Trails Master Plan (2011) Agenda Page 23 of 107 19 The city and county have adopted The Grand County Non -Motorized Trails Master Plan. This plan provides a blueprint for an integrated trail system by cataloging existing trails and identifying strategic locations for future trail development. Trail Mix- a local Moab volunteer organization- promotes non - motorized trails without taking away motorized trail opportunities. Spanish Valley Transportation Plan (2008) The Spanish Valley Transportation Plan addresses transportation issues with short-term and long- term improvement recommendations in the southern part of the city and south through the Grand County portion of Spanish Valley. Intersection enhancement, new road connectors, general road improvements, roadway realignment, and the addition of bicycle lanes to some roads are all suggestions presented in the plan to alleviate future traffic concerns. The Plan establishes policy and recommendations to ease congestion and safety concerns based on population projections, expected land use changes, and anticipated traffic increases from population growth and tourism. North Corridor Gateway Plan (2002) Originally adopted in partnership with Grand County, the plan addresses the future development along the gateway by establishing standards that are intended to meet a community vision of land use preferences and development design standards related to streetscape appearance. The plan became the (RC) Resort Commercial Zone and was applied to the properties in the North Corridor Annexation on August 12, 2008. Utah State University: Future Moab Campus Master Plan (2012) The planning document envisions the new campus during the next 30 years as it transitions from a small downtown site to a full campus in a recently annexed area. The plan establishes that the campus will be designed and constructed with an awareness of the environment, economics, community, aesthetics, and energy efficiency, to ensure it benefits the lives of students and Moab residents. 2020 Vision: A Sustainable Moab Plan (2008) This plan encourages water conservation, sustainable construction, reduced dependence on nonrenewable energy sources and increased energy efficiency for new and existing structures. Community awareness and education campaigns are proposed to show the financial and social benefits of sustainable practices. Other Context Affordable Housing A major challenge in Moab is the cost and availability of housing. Vacation properties and second homes dispersed throughout the community have inflated housing costs. A large percentage of jobs in Moab are in leisure, hospitality, and retail trade industries and finding housing that supports these workers and their families has continued to be a priority for the City. According to the 2010 Census, the median home value of owner -occupied units was $217,900 and the median household income was $39,085; in contrast, the median home value for the State of Utah is $221,300 and the median household income is $57,783. The Census also indicated that 18.9% of Moab's population is living below the poverty line, in contrast to 11.4% statewide. Arts & Culture Moab has a thriving arts community, which includes music, dance, film, painting, sculpture, ceramics, jewelry, photography, and more. The Moab Arts Council lists nearly 90 local artists in Moab, and there are many events and educational programs throughout the year for residents and visitors. There Agenda Page 24 of 107 20 are numerous galleries throughout the city. The Museum of Moab on Center Street celebrates both the human and natural history of the area. The Moab area's unparalleled landscape has lent itself to dozens of movies over the years, and will likely to continue to be a small, yet important facet of the City's economy and culture. Environmental Sustainability Moab has been on the forefront of renewable energy implementation, water conservation, and water quality practices that are important to sustaining the local populace. As a leader in the movement towards clean energy, Moab has been purchasing wind energy and has encouraging residents to do the same, making Moab a model for energy sustainability and commitment to the environment. The City has set an objective to reduce the use of non-renewable fuels by 20% and increase the City government's use of renewable energy sources by 20% by 2020. In doing this, Moab hopes to create a model for local citizens and other communities to follow. Solar panels have been constructed on the roofs of most of the city buildings. Although few major water conservation campaigns have been undertaken, the community has found ways to reduce their consumption per household over time. Moab has noticed significantly lower usage per household than the state average despite the hot and arid climate. The water resources and water rights that Moab currently holds leaves the need for extensive water conservation projects less pressing, although not insignificant. In the Vision 2020 Plan, Moab set a goal of reducing per - household, per -business, and City -owned facilities' water use by 20% by 2020. Agenda Page 25 of 107 21 CHAPTER 3 — GENERAL PLAN UPDATE AND PROCESS 2015 General Plan Update Process The Core Planning Team consisting of city staff, county staff and the city planning commission was established to oversee the update process. The team was responsible for reviewing applications for planning consultants. SE Group was chosen and assisted with the initial public participation phase. The Core Planning Team facilitated public noticing, provided technical support, led discussions, and drafted the document for review by the Planning Commission and the public. Based on public, Planning Commission and City Council comments, the Core Planning Team produced this final 2015 General Plan. Background The last General Plan adoption occurred in 2002. This update builds on the 2002 Plan and reflects current circumstances and priorities. Creating the 2015 General Plan Update was a community -based process that focused on what Moab residents' value about their community and identified opportunities for improvement from a variety of perspectives. The economy, the environment, transportation and connectivity, neighborhoods, and arts and culture were all topics considered during the process. The 2015 General Plan, as updated, is meant to be used by decision -makers and the community. The plan includes maps, illustrations, and sections that highlight certain accomplishments of the City since 2002. Public Engagement The City made public engagement a priority for the 2015 Update. To achieve a high level of public engagement, the Core Planning Team and planning consultants utilized a variety of methods, including the following: 1. Web outreach 2. Open house 3. Stakeholder interviews (50+) 4. Sounding Board sessions (2) 5. Topic Forums (4) 6. Stakeholder Meetings and Workshop 7. Other meetings Each method is described below. Web Outreach Part of the effort to make the 2013 Moab General Plan Update a community -based process, a project website was created and provided ongoing information on public events and progress. People were also able to submit input via the website to the planning consultants. The website address was: http ://www.moabgeneralp1an2012. com/ In addition to the website, the planning team used email notification to inform the community about events. People signed up for the mail lists at public meetings or via the website. At any point in the process, members of the community were able to provide comments or ask questions through the Agenda Page 26 of 107 22 email link available on the website as well, which were then distributed to the consultants and Core Team. Open House On Wednesday, August 1, 2012 from 5:30-7:30 p.m. a community open house was held at Moab City Hall and was attended by approximately three dozen people including City staff and administrators, residents and homeowners, business owners, and Moab City and Grand County public officials. The main objectives of the open house meeting were to inform the community about the General Plan Update and to get their initial insight on how to make the General Plan document stronger, more relevant and more in tune with today's vision. Poster boards were arranged around the room and participants used stars and green dots to indicate what they thought worked well in the past and remains pertinent today. Stakeholder Interviews Nearly 50 stakeholder interviews were conducted over a two-day period at the onset of the planning process. Interviewees came from a range of backgrounds and roles within Moab - from business owners to trails advocates to long-time residents and specialists from the fields of education, housing, public works, and more. Some of these interviews were conducted on an individual basis while others were conducted in a group setting with two or three people at a time. This approach resulted in intriguing discussions around some of Moab's most pressing planning topics. Themes that emerged were: • Retail needs • Year-round economic sustainability • City improvements and services • Community pride • Water resources • Neighborhood/character preservation • Government and process • Land use, growth and opportunity areas • Affordable housing • Public transportation and connectivity "Sounding Board" Sessions Sounding Board sessions were held as casual forums to meet with members of the planning team, learn about the process and provide input on the plan update. Each was two hours in length. The sessions were held at different times and locations to reach different segments of the Moab community. The morning session was held at the Wake N' Bake coffee shop and the afternoon session was held at the Moab Recreation and Aquatic Center. • Wake N' Bake This session was held in the morning in order to reach the community in an informal setting. A handful of people attended, and because of the small number, conversations were in-depth and one- on-one. Mayor Dave Sakrison, Jeff Reinhart and Ken Davey were also on hand to answer questions from the public. Much of the discussion revolved around neighborhoods, character preservation, and affordable housing. Topics included the future of the Grand Oasis Mobile Home Park, higher density in residential areas, the highly valued eclectic architecture, solar gain, and variation in lot sizes in this area. Agenda Page 27 of 107 23 • Moab Recreation and Aquatic Center The session, held from 3-5 p.m., was aimed at reaching families, children, and residents who otherwise would be less likely to go out of their way to provide input on the General Plan Update. The afternoon time frame was selected because the Aquatic Center is busy during that time of day. While adults visited with members of the planning team, children ate ice cream and drew pictures of what they loved most about Moab (see below). The value of the Aquatic Center to the community as a recreation center and central gathering place was expressed by many of those who stopped to talk. People also expressed what a fantastic place Moab is to raise a family, although some noted the high cost of living and lack of available shopping options for families Residents noted the importance of the nearby National Parks to the stability of the tourism economy. Participants advocated for more connectivity between the City and the Parks, either through public transportation or biking connections. There was also general support for promoting alternative transportation throughout Moab and decreasing auto -dependency. Several business owners/tour operators would like to see more partnerships fostered across the business community to promote the area as a place with friendly, outstanding service. They would like to see the reputation of Moab grow as a place with amazing resources and attractions offering an exceptional experience. Several people voiced support for promoting solar energy usage asserting that Moab could be a model community for relying on renewable energy with its exceptional year-round solar resources. Topic Forum Discussion Series These four one -hour lunch sessions were held at the local USU Campus. Each forum began with a video presentation of background information, followed by a group discussion. Several Core Team members were present to facilitate and provide more information as questions arose. The Topic Forums were open to the public, and video recordings of the presentations were posted to the project website for additional comment and discussion. The Topic Forums were: 1. Neighborhoods October 16, 2012 2. Economic Sustainability October 17, 2012 3. Living with the Environment October 18, 2012 4. Getting Around Moab October 25, 2012 The "Topic Forums" further explored these ideas and opportunities that emerged and the general themes identified during the public input process helped shape the goals and policies found in chapter 3. Moab is home to distinct residential areas that were built at different times and community members strongly identify with where they live. Many feel strongly that policies should help preserve certain attributes of their neighborhoods and encourage future improvements. The Original Moab Townsite is cherished for walkability, varied architectural styles and lot sizes, and mix of residents. Houses, duplexes and apartment buildings currently exist side by side with historic buildings original to the city. Gardens and old trees thrive in the area. Community members want to ensure that new development and redevelopment in this part of Moab should carefully consider the context and impacts to existing character in its design and site planning. Other residential neighborhoods that were specifically discussed included the Nichols -Bowen neighborhood, Mountain View, and Grand Oasis. Nichols -Bowen is close enough to be walkable to Downtown, yet far enough away to feel separate from tourism activity. Mountain View is a Levittown Agenda Page 28 of 107 24 style of development built for miners and their families in the 1950's and is today a thriving single- family neighborhood. Grand Oasis is a manufactured home park that provides over 300 families with affordable housing options. Residents have expressed concern that the future viability of the park as a residential neighborhood is in jeopardy. Each neighborhood provides housing opportunities for residents of various interests, ages, and walks of life. These are just a few of the perspectives raised during the update process. The General Plan policies seek to reinforce the character of these distinct neighborhoods and the role that they play in the Moab community "Living with the Environment" focused on Moab's natural environment, surroundings, and environmental sustainability. Water quality and water conservation were brought up in the early public outreach events and were discussed in more detail in the topic forums. Water usage, while conservatively low according to the Water Conservation Plan, is still a priority of the City and residents. Some community members would like to see a scientific study done to quantify the amount of water available in the aquifer for future needs. Residents offered ideas on how the City could improve the retention of water during storm events. They encouraged the use of swales and storm drainage mechanisms that would allow more water to irrigate urban gardens and greenery. Similarly, people voiced interest in having a constant flow of water in Mill Creek. Participants expressed support for recycling, reuse and composting through a series of public/ private partnerships in Moab. They felt that this will be important in the future for reducing the City's output of solid waste and subsequent carbon footprint. Residents view Moab's surrounding landscape as very important to the community and believe protecting it has significant positive implications for Moab's economy and quality of life. Discussion points related to this centered on reducing light pollution, regulating ridgeline development, and the importance of integrating new construction with the natural landscape. In the "Getting Around Moab" Topic Forum and throughout the public process, community members supported multi -modal (vehicles, bikes, walking, transit) connectivity throughout Moab especially between outlying tourist accommodations and Downtown. Another concern that was discussed was to provide better pedestrian crossings along Main Street within Downtown. During the forum, the participants discussed implementing the concept of "Complete Streets" that is improving streets for all users by integrating motorized and non -motorized modes of transportation. The wide streets of Moab provide an ideal setting in which to implement these elements. In the Economic Sustainability Topic Forum and throughout the public process, community members identified increasing employment diversification and improving the availability of retail goods and services as general goals. Participants felt the development of a Utah State University destination campus will act as a catalyst for quality jobs and more educational opportunities for residents, and will make it easier for young people to remain in the community. Agenda Page 29 of 107 25 On the question of large scale retail operations in Moab, participants had differing views. Some felt large scale retail would negatively impact existing retail outlets, while others felt large scale retail will allow Moab to keep retail "leakage", from Grand Junction competition and online, within this community. Support was expressed for programs to develop local businesses related to food service, the arts, and home occupations. Participants indicated they would look favorably upon environmentally "sustainable" enterprises. Stakeholder Meetings and Workshops Public Meeting 2: Exploring Moab Workshop on November 8, 2012 from 5:00-8:00 p.m. the "Exploring Moab" community workshop took place at Moab City Hall. Approximately 30 community members and business owners participated in the workshop, along with several staff and public officials from the City of Moab and Grand County. The purpose of this workshop was to invite the Moab community to flesh out key planning topics from previous public outreach efforts. Through a hands-on small group exercise using visual examples, participants explored future possibilities for Moab. They developed a concept maps that detailed opportunities and challenges using the four topic areas of Economic Sustainability, Neighborhoods, Getting Around Moab, and Living with the Environment. The input from this workshop provided information for the Future Land Use Map and policies of the 2013 General Plan Update. During the workshop, community members participated in an exercise focused on development patterns and character at different densities. Other Meetings Other meetings included workshops and public hearings held by the Planning Commission. The City Council also held meetings to receive comments from the public in the early part of 2015. General Plan Implementation The implementation stage of the City of Moab General Plan will come as rezoning, development and annexation requests are made, as zoning and subdivision ordinances are revised, as capital improvement programs are developed, and as budgets are prepared. In order to preserve the integrity of the Moab General Plan, and to insure that it will reflect the changing needs of residents of Moab, it shall be the policy of the Moab Planning Commission and City Council that: 1. Moab General Plan policies will be used to guide the implementation of City ordinances and resolutions. 2. All ordinance changes, rezoning, or improvement programs should be in conformance with the expressed policies and maps of the General Plan. 3. The General Plan should be reviewed bi-annually to ensure that the policies and programs contained in the General Plan are consistent with changing trends and conditions in the City and to better reflect the goals and needs of the community. 4. Requests for a plan amendment may be made by the general public, the City Planning Commission or elected officials. The burden of establishing that any amendment of the General Plan is in the best interests of the City shall rest on the applicant. To justify such a plan amendment the applicant must show that the change will promote the general welfare of the community and support community goals and policies expressed in the General Plan. Agenda Page 30 of 107 26 CHAPTER 4 — GOALS, POLICIES AND ACTION STEPS Overview The Moab City General Plan is divided into the following elements: 1. Economic Development - addresses the role of the City in promoting balanced economic development and employment in the area. 2. Environmental Sustainability - outlines the role of the City in addressing impacts on the environment and the quality of life of current and future residents. 3. Land Use and Growth - encompasses commercial, residential, industrial, and other land use. 4. Housing - addresses housing needs in terms of quality, quantity and affordability. 5. Parks and Recreation - includes planning for park facilities and recreation within Moab. 6. Arts and Culture - addresses City's support for arts and cultural programs. 7. Transportation and Circulation - involves planning for arterial, collector, and local traffic circulation, and for bicycle and pedestrian traffic. 8. Public Works - addresses the capacities and needs of community facilities and services. 9. Civic Services and Facilities — addresses municipal properties, law enforcement, health and emergency services, and education in Moab. Components Each element includes goals, policies, and action steps. Annexation, land use, transportation and other elements have an accompanying plan map. Below is a brief description of each: 1. Goals - Goals are normally stated in broad terms because they reflect wide community values. They provide the City with direction. 2. Policies - Guidelines that should be followed in order to achieve the stated goals. 3. Action Steps - Recommended courses of action to achieve goals in accordance with stated policies. The list is not complete; items may be added or deleted depending on the circumstances. 4. Plan maps for annexation, land use, transportation and other elements show spatial relationships of land use and the desired direction of growth. SECTION 1 ECONOMIC DEVELOPMENT AND SUSTAINABILITY I. ECONOMIC DEVELOPMENT Goal: Promote a vibrant local economy that supports the unique quality of life and character of Moab. Policies: 1. Continue to promote Downtown Moab as a primary commercial core of the community for residents and visitors. Action Steps: a. Work with the Chamber of Commerce to develop a downtown business group. Agenda Page 31 of 107 27 b. Develop a plan for the expansion and enhancement of pedestrian and shopping opportunities in the commercial core, including side streets. 2. Weigh the costs and benefits of new commercial and industrial projects when evaluating the expansion of public facilities and services that those projects would require. Action Steps: a. Require or conduct project specific feasibility analyses to determine impacts on public facilities and requirements for upgrade or expansion. b. Regularly update impact fee analyses. c. Ensure that infrastructure improvements that benefit new development should be the financial responsibility of the new development. 3. Encourage local businesses and industries to grow and thrive. Action Steps: a. Participate in and support small business development center activities and programs. b. Investigate incentives for storefront development and enhancement. 4. Encourage new and existing businesses to be based in Moab. Action Steps: a. Participate in and support small business development center activities and programs. 5. Facilitate the growth of local businesses and industries in a context appropriate to Moab. (size, scale, etc.) Action Steps: a. Develop and enforce land use and design standards for commercial development. b. Encourage business development that complements the existing economy and business offerings. 6. Encourage development of a small-scale private convention facility in Moab. Action Steps: a. Review development plans and provide input on the potential effect the development may have on the community 7. Promote an appealing driving and walking experience for residents and visitors. Action Steps: a. Investigate incentives for storefront development and enhancement. b. Develop a beautification program. c. Continue implementation of the Gateway Plan. 8. Support well -planned festivals and events that appeal to a wide array of residents and visitors and provide a net benefit to the community. Action Steps: a. Review and evaluate events through the special event committee. b. Continually review and update the special event fee structure. Agenda Page 32 of 107 28 c. Coordinate with the Moab Area Travel Council and event organizers. 9. Identify and explore new economic development opportunities that build on Moab's prominence of the realm of outdoor recreation and tourism. Action Steps: a. Participate in State Economic Development efforts to expand statewide activities. b. Continue to seek and obtain outside funding for trail development and other recreational opportunities. 10. Consider the financial and social impact that continued promotion of tourism and events has on the community, residents and infrastructure. Action Steps: a. Regularly consult with Grand County Council on tourism related issues. 11. Promote and enhance retail offerings that serve the everyday needs of residents and visitors. Action Steps: a. Conduct a market study to ascertain the local supply and demand for goods and services. 12. Coordinate and cooperate with Grand County to ensure adequate land and appropriate zoning for light industrial or business parks. Action Steps: a. Form and economic development planning group to create a community -wide economic development plan. 13. Identify and explore economic development opportunities for new and existing high-tech industries. Action Steps: a. Encourage and facilitate "meet -up" opportunities for tech businesses. 14. Follow and regularly update a broad -based economic development strategy. Action Steps: a. Form an economic development planning group to create a community -wide economic development plan. 15. Provide the governmental monetary resources necessary to support the community Action Steps: a. Pursue outside sources and monitor existing revenue sources to ensure they are keeping up with the demands of the city. 16. Provide local government support for private and non-profit employee housing alternatives. Action Steps: a. Pursue outside funding options to match and leverage private and non-profit housing resources. Agenda Page 33 of 107 29 b. Partner with Housing Authority of Southeast Utah to promote and pursue federal and state financing options including grants and tax credit financing. c. Work with Grand County, other rural communities and the State of Utah to workforce housing issues unique to rural Utah. 17. Support ongoing higher education programs in Moab and the pursuit of a destination campus here. Action Steps: a. Pursue outside funding options to match and leverage private and non-profit housing resources. b. Partner with Housing Authority of Southeast Utah to promote and pursue federal and state financing options including grants and tax credit financing. c. Work with Grand County, other rural communities and the State of Utah to workforce housing issues unique to rural Utah. SECTION 2 ENVIRONMENTAL SUSTAINABILITY I. ENVIRONMENTAL SUSTAINABILITY -- GENERAL Goal: Provide for enhanced quality of life through environmental stewardship. Policies: 1. Collaborate with local businesses and residents to expand opportunities for environmental sustainability. Action Steps: a. Update and expand the "2020 Vision: A Sustainable Moab Plan" to reflect the City's accomplishments and set new goals. II. VISUAL RESOURCES Goal: Protect the visual resources of Moab. Policies: 1. Preserve view sheds of ridgelines, hillsides, mountains and night sky. Action Steps: a. Update hillside development regulations to reflect current development trends. b. Work with other government and land use agencies to protect view sheds of Moab residents. c. Continue to assess visual impacts as part of the development review process. d. Continue to require visual screening of developments that affect residents' views. 2. Minimize light pollution within the City and in surrounding areas. Action Steps: Agenda Page 34 of 107 30 a. Explore ordinances that consider intensity, type, and quantity of light for streets, buildings, signs, and other exterior uses. b. Provide resources that help educate residences on using more efficient and effective methods of lighting. c. Demonstrate the use of efficient and effective lighting on City property and right of ways. III. AIR QUALITY Goal: Maintain a high standard of air quality in Moab and in the region in order to protect the health of the community, the environment and scenic resources. Policies: 1. Work to improve local air quality particularly during temperature inversions in winter months. Action Steps: a. Promote the use of less polluting heat sources through public information efforts. b. Cooperate with the State of Utah in air quality monitoring efforts. 2. Promote the use of alternative transportation that is non-polluting or reduces fossil fuel consumption. Action Steps: a. Continue to explore public transportation b. Continue to expand and maintain bike lanes and paved non -motorized routes 3. Encourage and promote energy conservation and the use of clean alternative energy sources such as solar, wind, etc. Action Steps: a. Promote programs of utilities and non-profit organizations that encourage energy efficiency and alternative energy sources. 4. Discourage projects that would substantially decrease air quality Action Steps: a. Monitor industrial and other projects within and outside City limits that may impact air quality within City limits. IV. WATER QUALITY Goal: Protect ground, spring and surface water quality. Policies: 1. Ensure that development and activities within the City do not negatively impact water quality. Action Steps: a. Review and evaluate activities and development projects and land use changes both Agenda Page 35 of 107 31 inside and outside the City limits to protect the quality of the City's water resources. b. Discourage the use of herbicides, pesticides and fertilizer where such use could adversely affect water quality. c. Continue monitoring water quality. d. Participate in and support further ground water studies. e. Regularly update the drinking water source protection plan and related ordinances. £ Require project specific drinking water source protection plans for projects in the City's drinking water source protection areas. g. Maintain EPA sole source aquifer designation. h. Protest development outside the City that adversely impacts the water quality of the City. V. WATER QUANTITY Goals: Preserve the community's access to culinary water. Policies: 1. Work with other affected government agencies to determine future culinary water availability. Action Steps: a. Participate in the United States Geological Survey and Utah Division of Water Rights regional ground water studies. 2. Preserve and expand City of Moab water rights. Action Steps: a. Ensure that the City maintains its current water rights. b. Investigate the acquisition of additional water rights. VI. ENERGY AND RESOURCE CONSERVATION Goal: Reduce energy resource waste and expand the community's use of renewable energy. Policies: 1. Encourage energy conservation. Action Steps: a. Adopt measures to improve the energy efficiency of existing and future City buildings. b. Work with private businesses, residents, Grand County, regional government agencies, the State of Utah and federal agencies to promote and adopt energy efficiency and environmentally sustainable programs and projects. c. Support weatherization programs for the homes of the elderly and lower income families. d. Balance the benefits of efficient building concepts and techniques with residents' desire for solar access. 2. Promote efficiency and use of renewable energy resources. Agenda Page 36 of 107 32 Action Steps: a. Support a Green Builders program that would provide information and incentives to builders to use passive solar design, above minimum insulation, efficient heating/cooling, etc. b. Promote and help expand community -wide recycling and re -use programs. SECTION 3 LAND USE AND GROWTH I. LAND USE AND GROWTH -- GENERAL Goal: Encourage a diverse, compact, and efficient land use pattern that is aligned with the City's character, economy, and vision. Policies: 1. Encourage development to consider the appearance, design, financial impact, and amenities of the community. Action Steps: a. Emphasize connectivity and walkability in order to facilitate healthy lifestyles and decreased vehicle reliance. b. Promote commercial centers that meet the everyday needs of residents and visitors. c. Encourage mixed -use development where appropriate. d. Encourage redevelopment, infill development, aesthetics and pedestrian access in downtown. e. Work with Grand County to evaluate the impacts of growth and development in the south corridor area. f. Encourage compact development patterns. 2. Anticipate and plan for impacts of future growth on all city utilities, services, and infrastructure. Action Steps: a. Continue to explain code regulations to developers and residents to foster mutual understanding of expectations. II. NATURAL AND ENVIRONMENTAL CONSTRAINTS Goal: Protect safety and property and prevent public costs associated with development in hazardous areas. Policies: 1. Restrict development in areas that present natural hazards to human life, property, and natural resources. Action Steps: a. Enforce hillside development regulations to ensure that erosion, drainage and hazardous rock fall problems are mitigated. Agenda Page 37 of 107 33 b. Identify geologic hazards and restrict development in these areas. c. Require properties in floodways to maintain the flood channels and keep it clear of debris. d. Ensure that stream banks and hillsides are vegetated to protect against erosion. e. Restrict development within identified riparian zones or critical wildlife habitat areas. £ Preserve natural drainage ways for storm water. g. Continue to ensure that development plans address storm water concerns. III. URBAN DESIGN AND CHARACTER PRESERVATION Goal: Promote an urban design that is compatible with the history, culture and character of Moab. Policies: 1. Continue to consider visual appearance criteria in site design, architecture and landscaping of new construction to encourage and promote innovative, quality urban design and efficient land use patterns. Action Steps: a. Promote a design -oriented improvements and beautification projects in downtown. b. Promote an attractive gateway entrance at Moab's two primary arrival points on Highway 191 (north and south), through signage, landscaping and traffic calming features. c. Review the sign regulations to balance aesthetic values and business needs. d. Encourage the use of native and drought -resistant trees, shrubs, flowers and grasses on streets, parks, planting strips and medians. IV. RESOURCE PROTECTION Goal: Ensure the protection of Moab's natural and scenic resources. Policies: 1. Require that development considers impacts on the natural environment and protects cultural and historical resources. Action Steps: a. Encourage the preservation of areas critical to local wildlife through open space designation or conservation easements. b. Continue to encourage the establishment of green ways, parks, trail corridors, and open space within new development. c. Promote sustainable building practices in construction projects and recognize those projects that have taken such initiatives. d. Continue to protect scenic views and night skies by minimizing light pollution. e. Encourage the protection of culturally and historically significant resources found within development areas. 2. Encourage the establishment of open space and natural areas throughout the city. Agenda Page 38 of 107 34 Action Steps: a. Consider greenbelts and greenways as forms of open space for area residents. b. Identify critical lands that shall be conserved within the city limits and the annexation areas. V. STREET TREES AND LANDSCAPING Goal: Improve the overall visual, recreational and environmental quality of the community through the use of trees and vegetation. Policies: 1. Utilize climate -appropriate vegetation to beautify and provide shade in and around paved areas. Action Steps: a. Enhance and increase landscaping in parking areas and planting strips. b. Encourage the planting of climate -appropriate trees in and around streets and parking areas to provide shade and more comfortable public spaces. 2. Encourage the preservation and enhancement of existing landscape resources. Action Steps: a. Continue planning and developing the Mill Creek and Pack Creek Parkway. b. Support community efforts to beautify public spaces and private properties with climate - appropriate trees, shrubs and ground covers. c. Encourage new development to preserve existing native trees and vegetation. d. Support the goals of the City Urban Forester and Public Works department to develop an effective, diverse community forestry program. 3. Encourage appropriate plant selection to minimize maintenance and water usage. Action Steps: a. Develop landscape design suggestions and lists of appropriate trees, shrubs and flowers that will flourish in our climate. b. Discourage practices that will result in the growth and proliferation of noxious and invasive weed species. 4. Improve the highway landscapes in Moab. Action Steps: a. Utilize climate -appropriate trees, shrubs, flowers, natural landscaping and historic building materials and machinery to beautify the "gateways" at the north and south ends of town. VI. HISTORIC PRESERVATION Goal: Preserve historic elements throughout the community. Policies: Agenda Page 39 of 107 35 1. Encourage the preservation and rehabilitation of historic and culturally significant structures. Action Steps: a. Consider the establishment of an historic preservation board. b. Encourage new development to be compatible with the historic character and integrity of the community. VII. COMMERCIAL Goal: Promote appropriate commercial development while maintaining quality of life attributes for residents and visitors. Policies: 1. Consider zone changes and adjustments that balance property rights and community benefits. Action Steps: a. Encourage mixed -use development that integrates retail, general commercial and residential uses in a manner that preserves Moab's sales tax revenues and promotes a self-contained neighborhood atmosphere. b. Investigate the potential of live -work units. c. Promote the establishment of neighborhood -scale commercial opportunities providing convenient goods and services to nearby residents. d. Consider commercial zoning areas for uses not compatible with downtown retail and general commercial areas. 2. Work with property owners and businesses to create more appealing commercial areas. Action Steps: a. In collaboration with property owners and businesses, consider designs suggestions or guidelines that incorporate Moab's character and natural surroundings. b. Encourage property owners and businesses to develop local improvement plans to enhance the shopping experience of the area. 3. Work with the business community and community -at -large to promote a positive business climate. Action Steps: a. Review commercial development regulations. b. Work with downtown property owners to encourage planters, flower boxes, benches and other outdoor enhancements. VIII. RESIDENTIAL Goal: Promote a variety of housing types and neighborhoods. Policies: 1. Work with developers and neighborhoods to promote different styles, densities and forms. Agenda Page 40 of 107 36 Action Steps: a. Promote walkable neighborhoods through continued improvements to sidewalks, pedestrian amenities and street crossings. b. Promote compact design and development that maximizes the efficiency of City services. c. Encourage the preservation of quality mobile and manufactured home developments. d. Encourage the maintenance and improvement of residential properties. e. Increase neighborhood parks as opportunities arise. IX. INDUSTRIAL Goal: Provide for economic activities through light industrial uses. Policies: 1. Ensure that zoning properly buffers from light industrial uses from residential neighborhoods. Action Steps: a. Locate industrial uses close to main roadways and available utilities. b. Encourage industrial operations to be environmentally conscious. X. AGRICULTURE Goal: Encourage the development of locally based food production. Policies: 1. Allow for the expansion of appropriate "urban farming" activities. Action Steps: a. Encourage individual and community gardens throughout Moab and especially residential areas. b. Encourage responsible beekeeping and other activities that add to vegetative abundance. c. Investigate ways to allow for small scale and appropriate livestock activities while protecting neighborhoods from health and safety problems and noise and odor issues. XI. OPEN SPACE Goal: Promote green space within and surrounding Moab. Policies: 1. Conserve sensitive undeveloped areas for riparian, wildlife and water shed protection. Action Steps: a. Support the Scott M. Matheson Wetland Preserve as an important part of the open space and natural areas system. b. Preserve the flood channel along Mill Creek and Pack Creek as open space. Agenda Page 41 of 107 37 c. Consider open space preservation as a way of protecting water shed recharge zones. d. Maintain water courses to protect riparian and wildlife habitat. XII. FLOOD CHANNEL Goal: Facilitate the protection of life, property and natural resources from damage due to floods. Policies: 1. Keep flood channels free of structures that may cause damage during flooding. Action Steps: a. Identify areas where the City could purchase lands for flood hazard reduction. b. Work with private land owners to maintain a free flowing flood channel. c. Maintain natural channel meanders and don't dredge or straighten channel 2. Balance flood channel protection with wildlife and riparian habitat. Action Steps: a. Plant native cottonwoods and willows in riparian areas where appropriate. b. Acquire water rights for in -stream flow. c. Explore eradication of non-native weeds by controlled cutting and/or herbicides. d. Consider impacts on wildlife and plant life when conducting vegetation and removal projects. XIII. ANNEXATION Goal: Consider annexations that provide a benefit to the community Policies: 1. Assess the impact on City services of each proposed annexation. Action Steps: a. Prepare an annexation impact report on each proposed annexation. b. Require annexation agreements on all proposed annexations. c. Update the annexation policy to preserve and protect the interests of the City. d. Assess the impacts of proposed annexations where municipal services cannot be economically provided. SECTION 4 HOUSING I. HOUSING Goal: Follow a housing strategy that meets the needs of current residents, anticipates growth in housing demand, promotes a cohesive small-town environment and supports a high quality of life. Agenda Page 42 of 107 38 Policies: 1. Encourage housing opportunities for a variety of needs and income levels. Action Steps a. Recognize the value and character of existing residential neighborhoods and encourage compatible development/redevelopment projects with existing neighborhoods and the underlying zoning. b. Identify residential properties that are not meeting City code requirements for health, welfare and safety, and work with the owners of those properties to remedy existing problems. c. Encourage residential homes to remain in residential use. II. AFFORDABLE HOUSING Goal: Promote strategies that improve the ability of all residents to have access to affordable, quality housing opportunities in Moab. Policies: 1. Promote programs and partnerships that focus on providing affordable and workforce housing. Action Steps a. Update and implement the Grand County and City of Moab Housing Study and Affordable Housing Plan. b. Collaborate closely with the Housing Authority of Southeastern Utah on acquisition of properties and projects for affordable housing. c. Work with private and non-profit developers to increase the affordable housing stock in Moab. d. Assess on a continuing basis the gaps among housing stock, housing needs and household affordability. e. Establish and participate in programs and efforts to reduce household operating, rehabilitation, and construction costs. SECTION 5 PARKS AND RECREATION I. PARKS Goal: Continue to provide parks, facilities and open space for year-round use. Policies: 1. Maintain high quality standards at all City -owned parks, facilities and open spaces. Action Steps a. Explore possible participation in and certification of city parks in nationally recognized programs. b. Develop a Park Improvement Master Plan. c. Research and implement sustainable park maintenance methods in appropriate areas such as enhancement with native plant species and water conservation. d. Consider implementation of an "adopt a park" program for parks and open space Agenda Page 43 of 107 39 maintenance and management. 2. Pursue expansion of the park and open space system. Action Steps a. Provide new and traditional park experiences by enhancing and establishing different types of park spaces throughout the community b. Emphasize trail development for local transportation and recreation needs with connections to existing trails. c. Continue to work with Grand County, the Moab Trail Alliance, and Trail Mix to implement and update the Grand County Master Non -motorized Trails Plan. d. Continue to develop and expand the Parkway Project to connect all neighborhoods in the City. e. Consider urban wildlife populations when planning for future open space and natural area designation, as well as in proposals for new development. II. RECREATION Goal: Provide high quality and affordable recreational services, programs, and events. Policies: 1. Promote a variety of recreation experiences through Moab including multi -generational recreation programming. Action Steps a. Ensure that recreation sites are well-connected, accessible, safe and enjoyable for all ages. b. Through inter -local agreements, continue to cooperate with the County, the School District and the Grand County Recreation Special Service District to continually expand and improve recreational programs. c. Continue to promote and support the Moab Recreation and Aquatic Center as a hub for healthy activity year-round in Moab. d. Annually review the recreation program portfolio to determine deficiencies and develop appropriate programs. e. Co-sponsor activities with appropriate partners to efficiently broaden recreation opportunities. SECTION 6 ARTS AND CULTURE I. ARTS AND CULTURE Goal: Provide and promote year-round diverse arts and cultural opportunities for all ages and abilities. Policies: 1. Create opportunities for cultural arts participation for all residents and visitors. Action Steps a. Enhance the Moab Arts and Recreation Center and other arts and cultural venues. b. Encourage citizen participation in planning cultural arts activities. Agenda Page 44 of 107 40 c. Work with partners in the arts and culture sector and use creative strategies to achieve economic, social, environmental, and community goals. d. Encourage the performing, visual, and fine arts, as well as applied arts including architecture and graphic design; crafts; film, digital media and video; humanities and historic preservation; literature; folk life; and other creative activities. e. Encourage art to be displayed on public property and rights -of -way. SECTION 7 TRANSPORTATION AND CIRCULATION I. TRANSPORTATION AND CIRCULATION -- GENERAL Goal: Promote a safe, efficient and convenient multi -modal transportation network throughout Moab. II. PEDESTRIAN Goal: Achieve a pleasant, safe, efficient and complete pedestrian transportation network that provides a viable transportation alternative for daily circulation, activities and recreation. Policies: 1. Continue to encourage a more pedestrian -oriented business district in Downtown Moab. Action Steps: a. Initiate improvements and design elements such as shade trees, seating, gathering areas and public art. 2. Update design standards and applicable code sections to include better pedestrian access and protection from traffic. Action Steps: a. Provide well -maintained sidewalks that are of sufficient width. b. Continue to develop the Mill Creek and Pack Creek Parkway system. c. Provide pedestrian routes separate from motor traffic to parks, schools and other destinations. d. Support school district efforts to promote and improve "Safe Routes to School". e. Work with the Utah Department of Transportation to promote pedestrian safety along US-191 highway corridor. III. NON -MOTORIZED VEHICLES Goal: Promote a safe and connected network of bike routes throughout Moab. Policies: 1. Provide a pleasant, safe bicycle experience and encourage bicycle -associated activities. Action Steps: a. Promote the Mill Creek and Pack Creek Parkway system as a throughway for commuting, fitness and recreation. Agenda Page 45 of 107 41 b. Encourage bicycle -user accommodations such as bike racks, shared bike use, and maintenance stations in the commercial business district in order to enhance active transportation. c. Encourage trail connectivity from new development to existing trail systems. d. Encourage trail connectivity to trails outside city limits. IV. MOTORIZED VEHICLES Goal: Provide an efficient, safe and well -maintained street system designed to meet current and future needs. Policies: 1. Reduce traffic congestion and conflicts. Action Steps: a. Base future collector street development upon an updated Transportation Master Plan. b. Evaluate and upgrade streets based on a prioritization and maintenance plan. c. Prevent obstruction of future rights -of -way identified on the Transportation Master Plan and consolidate utility and street rights -of -way where possible. d. Plan collector streets so they provide adequate access from residential neighborhoods to major arterials and other adjoining areas of concentration. e. Encourage efforts for a shuttle system serving downtown Moab and key tourism destinations and accommodations. f. Reduce speeding and other moving traffic violations on Moab's streets and highways. 2. Continue to require adequate parking for all land use types. Action Steps: a. Explore opportunities for larger commercial and RV parking near downtown. 3. Work with other agencies to improve street design and address transportation needs. Action Steps: a. Coordinate with UDOT to balance state highway requirements and community needs. b. Explore funding options for street improvement and maintenance projects. c. Continue collaborating with Grand County on jointly beneficial road projects. V. SIDEWALKS AND STREETS Goal: Promote a creative approach to street and sidewalk design integrating various forms of travel and transportation. Policies: 1. Require street design to accommodate as many forms of travel as is reasonably and safely possible. Action Steps: a. Encourage the installation of sidewalks, curbs and gutters in deficient areas to provide for a safe pedestrian traffic, clean and beautify public streets, and ensure proper street drainage. Agenda Page 46 of 107 42 b. Identify key opportunities for the development of creative street and sidewalk design for pedestrians, bicycles and vehicles. SECTION 8 PUBLIC WORKS I. PUBLIC WORKS -- GENERAL Goal: Provide safe, adequate, and cost-effective public works services to Moab residents, while closely monitoring growth and conserving natural resources. II. WATER SERVICES Goal: Preserve Moab's supply of high quality water for present and future generations through effective water management and conservation strategies. Policies: 1. Adopt effective water management and conservation strategies. Action Steps: a. Engage in a cooperative regional effort to pursue development of a region -wide water study to assess water quantity. b. Protect water quality and avoid the contamination of ground and surface water systems by continuing to identify and manage potentially hazardous land uses. c. Preserve riparian corridors and wetlands as open space. d. Implement preventive maintenance of the existing water system to identify and address deficiencies before major failures occur. e. Maintain and prove up on existing water rights. £ Consider implementation of a secondary water system to provide irrigation to City lots. g. Promote water conservation techniques, including the conservation of water in irrigation practices, the use of water -conserving plants and planting methods in landscaping and agriculture. II. SEWER SERVICES Goal: Operate and maintain an efficient sewer system for conveyance of sewer flows per applicable standards. Policies: 1. Encourage the most efficient use of the sewer collection system and upgrade deteriorated and inadequate sewer lines in coordination with Grand Water and Sewer Service Agency, Utah State University, School and Institutional Trust Lands Administration, Grand County and San Juan County. Action Steps: a. Consider impacts on existing and future services in agreements with the Grand Water and Sewer Service Agency. b. Plan for expansion and/or upgrade of the sewer system based on engineered estimates and Capital Facilities Plan. Agenda Page 47 of 107 43 III. WASTEWATER TREATMENT Goal: Maintain a high quality wastewater treatment facility that serves the needs of the community as well as meet federal and state effluent regulations. Policies: 1. Analyze the condition and capacity of the current wastewater treatment facility and adopt plans to serve the future needs of the community as well as meet federal and state effluent regulations. Action Step: a. Pursue funding for design and construction of a new or upgraded wastewater treatment facility. b. Continue to consider alternative wastewater treatment systems to reduce infrastructure costs and promote environmental sustainability. IV. STORMWATER Goal: Provide an adequate storm drainage system through expansion and upgrading of the existing system as provided in the Stormwater Drainage Master Plan and Update. Policies: 1. Explore adopting new technologies and design standards to facilitate the safe conveyance of stormwater. Action Steps: a. Incorporate the use of new stormwater management technologies into the construction design standards for streets, curbs and gutters. b. Encourage the retention of existing permeable surfaces in new development and greater use of natural and permeable materials. c. Continue to collect the stormwater drainage fee to fund expansion and upgrades to the existing system. V. SOLID WASTE FACILITIES Goal: Provide the most cost-effective and environmentally sustainable systems for the disposal, compost, reuse or recycling of solid waste. Policies: 1. Work with Grand County, Solid Waste Special Service District, and private service providers for recycling and collection. Action Steps: a. Protect dump sites from hazardous waste contamination. b. Determine the most appropriate land use for the Moab landfill site after it is closed. c. Encourage recycling efforts in the community to reduce waste and extend the life of the landfill. Agenda Page 48 of 107 44 d. Promote partnerships with local and regional organizations to encourage programs for recycling (plastics, aluminum, cardboard, etc.), composting (organic/biodegradable waste from homes and restaurants), and reuse (household goods, electronics) in Moab. e. Reduce solid waste generated by the City on all levels of operations where feasible and appropriate. V. PRIVATE UTILITIES Goal: Cooperate with private utilities to provide dependable, low cost, and efficient utilities for current and future Moab residents, while also preserving the visual integrity of the community Policies: 1. Encourage utilities to be placed underground and in existing rights -of -way where possible. Action Steps: a. Require the underground placement of utilities in new subdivisions. 2. Encourage the aesthetic lighting of streets to ensure safety and reduce crime. Action Steps: a. Consider pedestrian scale lighting in walkable areas. b. Control the height and intensity of lighting appropriate to neighborhoods to reduce light pollution. c. Encourage the use of LED and other energy -saving technology in City lights. 3. Encourage the expanded availability of high speed internet throughout the community. Action Steps: a. Continue discussing with State of Utah, regional government agencies and private providers ways to increase available bandwidth in Moab. SECTION 9 CIVIC SERVICES AND FACILITIES I. MUNICIPAL PROPERTIES Goal: Provide for present needs and future growth including recreation, administration, utilities, and safety. Policies: 1. Encourage the continued location of government agencies and service providers in the core area surrounding Moab City Center. Action Steps: a. Reconsider zoning requirements and allowances to facilitate the placement of government agencies and service providers near Moab City Center. Agenda Page 49 of 107 45 2. Continue the ongoing purchase of land and the expansion of the Millcreek Parkway and other areas for flood protection, recreation and connectivity. Action Steps: a. Explore donations, grants and financing options to fund the ongoing purchase of land and rights -of -way. 3. Maintain and improve the existing conditions of city -owned facilities. Action Steps: a. Develop a preventative maintenance plan for all city facilities. b. Continue to be a leader in the use of alternative energy sources and energy efficiency. c. Continue to regularly update the public facilities master plan. II. PEACEKEEPING AND LAW ENFORCEMENT Goal: Provide law enforcement and peacekeeping services for Moab's residents and visitors. Policies: 1. Reduce crime rate, traffic violations and other infractions by encouraging voluntary compliance of laws, statutes and ordinances through educational programs and other available mechanisms. Action Steps: a. Utilize existing portable radar trailer to reduce speed. b. Promote a better understanding of laws and statutes through marketing, education, and communications. c. Support City efforts to install traffic calming devices such as medians and street trees. 2. Promote and improve public understanding of the law enforcement function. Action Steps: a. Increase visibility through the use of foot patrol and bike patrol in the downtown areas during appropriate seasons. b. Participate and be visible at community events and activities on duty and off duty as possible. 3. Address law enforcement services based on the fluctuations of a tourist economy. Action Steps: a. Coordinate with local law enforcement to address the potential impacts of events and festivals. b. Monitor police and emergency medical services staffing levels for response capabilities during the visitor season and specific events. 4. Actively promote prevention of drug use and drug -related crimes. Action Steps: a. Continue and expand partnership with the Grand County School District and the D.A.R.E program in all levels of education, K-12. b. Continue designation and enforcement of drug -free zones in accordance with state Agenda Page 50 of 107 46 statutes. c. Continue partnership with the Grand County Drug Task Force. 5. Improve the safety of children in schools. Action Steps: a. Actively continue alliance with the Safe Schools Coalition. b. Maintain visibility in and around schools. c. Continue the Bicycle Safety Program. d. Continue to support and staff School Crossing Guards. 6. Improve the safety of neighborhoods. Action Steps: a. Routinely patrol Mill Creek Parkway and other high risk areas on foot and/or bicycle. b. Cooperate with Public Works to identify areas where traffic -calming devices would be appropriate. c. Improve and enhance animal control and animal shelter services d. Provide courses in self-defense and personal safety. e. Continue to offer classes in the hazards of drunk driving. III. HEALTH AND EMERGENCY SERVICES Goal: Continue to promote necessary health and safety services for the community. Policies: 1. Continue to support county and other agencies' efforts to provide accessible, affordable and quality health care and safety services to the community Action Steps: a. Maintain a City representative on the health related boards and committees. 2. Participate in county -wide emergency management efforts. Action Steps: a. Attend local emergency planning committee meetings. b. Participate and promote in emergency notification and alert programs. c. Update the Emergency Response Plan. d. Participate in updates of the Natural Hazards Pre -Disaster Mitigation Plan for the Southeastern Region of Utah. e. Work with all departments to improve Insurance Service Office (ISO) rating to reduce the cost of insurance coverage. f. Monitor and adjust service coverage to meet future needs. g. Continue to refine flood prevention enforcement to improve Moab's level in the Community Rating System (CRS) and reduce flood insurance premiums. 3. Provide for the health, safety and well-being of the community with fire protection and other emergency medical services in conjunction with other agencies. Action Steps: Agenda Page 51 of 107 47 a. Continue to provide law enforcement services for fire and other emergency events. b. Require adequate street connectivity and circulation for all new development so that police and fire personnel may respond to calls as quickly as possible. IV. EDUCATION Goal: Encourage educational opportunities for Moab residents of all ages. Policies: 1. Continue to support the expansion of Utah State University Moab. Action Steps: a. Contribute annually to a set -aside fund for construction of infrastructure and other improvements for the campus. b. Cooperate with Grand County, UDOT and other entities in addressing traffic and transportation demands for the new campus (vehicular/pedestrian). c. Continue the City's involvement with the USU advisory boards and committees. d. Engage in appropriate lobbying efforts to secure grant and other funding for development of the USU campus. e. Work with Utah State University, School and Institutional Trust Lands Administration (SITLA), and private developers to facilitate the construction of student and employee housing. 2. Encourage close cooperation between Moab City and Grand School District. Action Steps: a. Support school district and social service intervention and prevention programs designed to reduce at risk behaviors and environments. b. Communicate and cooperate with Grand School District in school -based health and safety programs and law enforcement issues. c. Collaborate with school district on facilities planning. d. Continue to work under the existing interlocal agreement for recreation among the City, Grand School District and Grand County Recreation Special Services District. e. Continue to contribute resources and staff time to school district programs and activities. 3. Encourage learning opportunities for children, youth and adults. Action Steps: a. Continue and expand community -based art and recreation programs through the Moab Arts and Recreation Center, Moab Recreation and Aquatic Center, and other city facilities. 4. Support and encourage efforts provide workforce education and technical training. Action Steps: a. Promote Utah State University's current technical education programs. b. Work with Utah State University to obtain future funding for expanded technical education programs. Agenda Page 52 of 107 48 APPENDIX A R68-09: Rule Pertaining to the Utah Noxious Weed Act R68-09-09: Authority Promulgated under authority of Title 4, Chapter 2, Section 2, Utah Code Annotated 1953, as Amended. R68-09-02: Designation and Publication of State Noxious Weeds. A. The following weeds are hereby officially designated and published as noxious for the State of Utah, as per the authority vested in the Commissioner of Agriculture under Section 4-17-3, Utah Noxious Weed Act: Bermuda grass (Cynodon dactylon (L) Pers) Bindweed , Wild Morning glory (Convolvulus arvenis and Calystegia sepium) Broad -Leaved Peppergrass , Tall Whitetop (Lepidium latifolium L) Canada Thistle (Cirsium arvense (L.) Scop) Diffuse Knapweed (Centaurea diffusa Lam) Dyer's Woad (Isatis tinctoria) Leafy Spurge (Euphorbia esula L) Medusahead (Taeniatherum caput-medusae (L) Nevski) Musk Thistle (Carduus nutans L.) Perennial Sorghum spp., including but not limited to Johnson Grass (Sorghum halepense (L) Pers)and Sorghum almum, Parodi). Purple Loosestrife (Lythrum salicaria) Quack grass (Elytrigia repens, Agropyron repens (L) Beauv.) Russian Knapweed (Centaurea repens L) Scotch Thistle (Cotton Thistle) (Onopordum acanthium L) Spotted Knapweed (Centaurea maculosa Lam.) Whitetop, Hoary cress (Cardaria spp) Yellow Star Thistle (Centaurea solstitiaalis L) Agenda Page 53 of 107 AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 28, 2015 Agenda ltem #: 6-1 Title: Approval of a Performance Permit for American Rhythm Folk Ensemble to Conduct a Performance at 83 South Main on July 31 to August 1, 2015 Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder Department: Parks Applicant: American Rhythm Folk Ensemble Background/Summary: This performance permit will enable 56 performers to conduct a performance on private property. No fees will be charged and no sales will be conducted. Options: Approve, Approve with conditions, Deny or postpone. Staff Recommendation: Click here to enter text. Recommended Motion: "I move to approve (insert agenda item title here). " Attachment(s): Performance Permit Application. Page 54 of 107 6 u DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB PERFORMANCE PERMIT APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $10.00 LICENSE #: ZONE: PERFORMER'S INFORMATION (PROVIDE INFORMATION ON ALL PERFORMERS) NAME OF PERFORMER: PERFORMER'S ADDRESS: NAME OF PERFORMER: PERFORMER'S ADDRESS: 401exicalk 211.01m 56G 1 ?_31\1 CIT(: -PrOVO Vo\ k &scvniol, STATE: CITY: STATE: PHONE: Q��' ZIP: V4,1 0) PHONE: ZIP: NAME OF PERFORMER: PERFORMER'S ADDRESS: PHONE: STATE: ZIP: NAME OF PERFORMER: 'L l PERFORMER'S ADDRESS: CITY: CITY: PHONE: STATE: ZIP: NAME OF PERSON RESPONSIBLE FOR COMPLIANCE WITH ` J • i �� � CITY CODE FOR STREET PERFORMERS IF THIS IS A GROUP: W, t �"n , cc hitr) PHONE: PERFORMANCE DETAILS ` o\s'E g� e-14-QcsM2S5, c)\1/4_0(‘ INckv-e c U.. 1 ,YI I 'led �►'Ylir,Cts DETAILED DESCRIPTION OF PERFORMANCE: AWier CCU✓A c�{ (in ‘jS R -Rp�,L botkui dowLe... wc,ieNn101 -0/04 nkr1) 1D/A1e e . (.3 RjrAR . bit Vapu,,QA b.__ At) 4-0-‘ \;:+vk okur -Cat r nh0ck4 PROPS USED, IF ANY: TYPE OF MUSIC AND INSTRUMENTS USED, IF ANY: ell { iryLv'r U 1D1[4kit -61 2a5SjCLeloin ) b;‘,V11B ) f1\X\0101t fr\ I 5ecoy, S TYPE OF STRUCTURE(S) USED, IF ANY: ADVERTISING METHODS USED, IF ANY: DATE{S) OF PERFORMANCE(S): TIME(S) OF PERFORMANCE(S): M ri DOr. r�iGtl --Yrf-31-PA, S 31 Alt eA- Duration of performance(s): 3D hr c r\ LOCATION OF PERFORMANCE(S): n \� � S C��/ C1\•ri \ CI �-. O PROPERTY OWNER(S) NAME IF WITHIN 10 FEET OF OR ON PRNATE PROPERTY: I, THE PROPERTY OWNER(S), AUTHORIZE THE ABOVE PERFORMER(S) AN (S) OWN OR NEAR MY PROPERTY FOR THE TERM OF THIS PERMIT: of OWNER(S) SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! cA‘ sat Page 55 of 107 THIS FORM IS AN APPLICATION FOR A PERFORMANCE PERMIT. THE ACTUAL PERMIT WILL BE ISSUED ONLY AFTER CITY COUNCIL APPROVAL. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A PERMIT WILL BE DELAYED. THE UNDERSIGNED HEREBY AGREES TO ADHERE TO THE RULES AND REGULATIONS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. THE UNDERSIGNED UNDERSTANDS THIS PERMIT IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND PERMITEE(S). THE UNDERSIGNED AGREES TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. OGulev- ctAvA Uurve_ lg `)0 t 5 Da�e Signature of Applicant or Authonzed Agent MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: 07/01/05 Page 56 of 107 AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 28, 2015 Agenda ltem #: 6-2 Title: Approval of a Request by Rachel Parker for an Amplified Music Event at Old City Park on September 26, 2015 Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder Department: Parks Applicant: Rachel Parker 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 Rachel Parker. Page 57 of 107 7/27/2015 City of Moab Mail - City council agenda for music in the park Gm II b;f ;:'itin* City council agenda for music in the park Rachel Stenta <rstenta@moabcity.org> Rachel Jackson <rachydjack@gmail.com> Thu, Jul 16, 2015 at 2:42 PM To: rstenta@moabcity.org Rachel, I would like to be put on the city council meeting agenda to ask for amplified music in Old city Park for our wedding reception on sat. sept. 26th from 5pm -10 pm. Thank you! Rachel Parker https://mail.google.com/m ai I/u/0/?ui=2&i k=0bf0a4325f&view= pt&g= rachydj Isaggs5-- tTrtrarch=query&msg=14e989aca3d3dd28&si m 1=14e989aca3d3dd28 1 /1 r k AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 28, 2015 Agenda ltem #: 7-1 Title: Approval of Proposed Waste Water Treatment Plant Location Fiscal Impact: Budgeted Staff Presenter(s): Rebecca Davidson, City Manager Department: Engineering/Public Works Applicant: N/A Background/Summary: The City has received the report from Bowen Collins to recommend the acquisition of the land for the WWTP. The report is attached. They are recommending that we proceed with the process to acquire the property. Once Council approves proceeding with this property, the staff would like to get the property in the City's name and then move forward with annexation of this property as well as the existing plant location Options: Approve, deny or postpone Staff Recommendation: Staff is recommending that Council approve proceeding with acquiring the site and approve that staff can move forward with annexation of the properties. Recommended Motion: I move to approve (insert agenda item). Attachment(s): Letter and site map Agenda Page 59 of 107 July 17, 2015 Ms. Rebecca Davidson, P.E. City Manager City of Moab 217 East Center Street Moab, Utah 84532 Subject: Recommendation to Acquire Property for the New Moab WWTP Dear Rebecca: The City of Moab (City) has contracted with Bowen Collins & Associates (BC&A) to assist in the planning, evaluation, and design of the City's wastewater treatment facilities. In February 2015, BC&A completed and presented to the City Council the Moab Wastewater Treatment Facilities Master Plan. The Master Plan evaluated various options that would allow the City to reliably and effectively meet the area's current and future wastewater needs. The Master Plan recommended that a new treatment plant be constructed on a parcel of ground located directly south and adjacent to the existing facility. Figure 1 identifies the recommended parcel. It is understood that the parcel is currently owned by Mr. David Bonderman, and that the City has had preliminary discussions with Mr. Bonderman regarding acquiring the parcel for construction of a new treatment plant. BC&A has completed some preliminary evaluations of the recommended parcel to verify that the site is suitable for construction of a new wastewater treatment plant. The preliminary work included environmental evaluation, geotechnical evaluation and topographic survey of the proposed site. The following paragraphs briefly summarize the results of this effort: Environmental - The BC&A Team is completing an Environmental Assessment (EA) for the recommended site. The EA includes an archeological study, vegetation and habit study, avian study, threatened and endangered species study and wetland and riparian mapping. Each of these studies have been completed and are in the review process. Preliminary results indicate that no significant environmental impacts would result from construction of a new wastewater treatment plant on the recommended site. Geotechnical - BC&A contracted with AGEC to complete a geotechnical evaluation of the proposed site. The geotechnical evaluation determined that the site consists primarily of loose sands with occasional clays. The subsurface water level is relatively shallow. Although, these conditions are not ideal, they are -expected for this area of the Spanish Valley near the Colorado River. These condition will be considered and accounted for during the design of the new facility. Topographic Survey - A topographic and boundary survey was completed for the proposed site. It is noted that the average site elevation is 7-feet below the 100-year flood plain Agenda Page 60 of 107 elevation. This low elevation was expected and will need to be addressed in the final design by either raising the affected portions of site by filling or by constructing a berm around the treatment plant area. Recommendation: Based upon the preliminary environmental evaluation, geotechnical evaluation, and topographic survey of the proposed site, BC&A recommends that the City proceed with the acquisition of the Bonderman Property. It should be noted that the property currently is outside the City limits and that the City may want to consider annexation. We appreciate our continued involvement in this important project and look to assisting the City in furthering the design of the WWTP. Please contact me with any questions or concerns regarding this matter. Sincerely, Bowen Collins & Associates Jeff Beckman, P.E. Principal Enc. Agenda Page 61 of 107 RECOMMENDED TREATMENT PLANT SITE EXISTING TREATMENT PLANT Agenda' is\Fig_01_Existing and Recommended Sdes.mxd cmoURrie 7/20/2015 Page 62 of 107 NORTH: STEWART SCALE: 0 CITY OF MOAB 100 200 Feet ir~ EXISTING & RECOMMENDED TREATMENT PLANT SITES Bowen Collins & Associates, Inc. CONSULTING ENGINEERS FIGURE NO. 1 acy Oiy, ..r �� lit MOAB MOAB CITY COUNCIL MELTING .JULY 28, 2015 Agenda Item #: 7-2 PL-15-38 [Title: Consideration of Draft Ordinance # 2015-08 to Amend the Use of Bed and Breakfasts as found in MMC Chapters 17.09.530 and 17.09.531 as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Background/Summary: The attached draft ordinance is based on discussions with Council, the comments submitted by two council members, comments from the public, and discussions at planning commission meetings. The intent of the ordinance is to tighten the requirements for bed and breakfasts so that conflicts with residential uses are lessened by allowing the use in more appropriate locations in the city. It also brings the code into compliance with state code that requires an applicant to meet "reasonable" conditions for conditional uses in general, and specifically for bed and breakfasts. The changes to the criteria include: 1. Prohibit siting bed and breakfasts in inappropriate areas where there are physical restrictions such as narrow lots, cul-de-sacs, and dead end streets. 2. Limiting the number of rooms to five. 3. Locating the use in an existing structure that is a minimum of 2,000 square feet in size. 4. Prohibiting the construction of a new structure specifically for the use and requiring a two- year time period before the owner can apply for a bed and breakfast. 5. Limiting the construction of an addition specifically for the use to 20% of an existing structure. 6. Providing a minimum separation of 300 feet between bed and breakfasts. 7. Reducing the number of public hearings to one before the Council. The reference to the "bed and breakfast home occupation form" has been removed as it is redundant to the business license and Conditional Use Permit applications. Changes to the process are also proposed and include a public review meeting before the planning commission with a written recommendation to council presented in a resolution. The public hearing before council remains the same. Also, the time for an appeal of a decision by City Council to the Appeal Authority has been extended from ten (10) days to thirty (30) days to be in line with other appeals in the code. Planning Commission Review: Agenda Page 63 of 107 lof2 Moab City Council Ordinance #2015-05 Bed and Breakfasts The Planning Commission held a duly advertised public hearing on this ordinance during their regular meeting held on July 9, 2015. In a 3-1 vote, the commission favorably recommended the ordinance to Council with amendments. The changes added clarity to the following sections: • The 300 foot separation requirement would be measured from property lines and not the building [17.09.531(9)(B)(2)]; • The owner of a new structure would not be allowed to submit an application for a new structure for period of two (2) years after issuance of the Certificate of Occupancy [17.09.531(9)(B)(3)]; • The language for the area of signs is standardized using square feet rather than square inches [17.09.531(9)(3)(M The minority voted against a favorable recommendation because of the removal of the public hearing before the Planning Commission. Options: The Council can: 1. Vote to establish a date and time for a public hearing on Ordinance #2015-05 2. Vote to approve Ordinance #2015-05; 3. Vote to not approve Ordinance #2015-05 and state the reasons; 4. Table the ordinance until a later date and request additional information. Staff Recommendation: Staff withholds a recommendation until after the City Council discussion and/or public hearing. Recommended Motions: Options: 1. I move to approve Ordinance #2015-05 as written; 2. I move to approve Ordinance #2015-05 with changes (please list); 3. I move to send Ordinance #2015-05 to an advertised public hearing; 4. I move to send Ordinance #2o15-o5 back to the Planning Commission to address the concerns of Council. Attachment: Draft ordinance #203.5-08 to amend the use of bed and breakfasts and conditional uses p:\planning department \2015\correspondence\p1-38 cc bSbs draft.docx Agenda Page 64 of 107 1 DRAFT 1 1 ORDINANCE #2015-08 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 17.09.530 B AND 17.09.531(9) BY AMENDING THE CONDITIONS FOR THE APPROVAL OF BED AND BREAKFASTS AS A CONDITIONAL USE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters dealing with conditional use permits and that the Code is lacking concise review criteria that can be applied to individual conditional uses; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on July 9, 2015, to hear testimony and determine the merits of the changes to the Code; and WHEREAS, the Commission found that the proposed changes would benefit Planning Staff in the day to day administration of the Code and be more easily understood by the general public; and WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new language was in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2015-08 in a regularly scheduled public meeting held on July 28, 2015, to hear and decide the merits of the proposed change to Chapter 17.09, Definitions, of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2010-13 and repeals the following Chapters in the Moab Municipal Code and holds them in reserve: AND, FURTHERMORE, Council adopts the following table and text as an amendment to the language found in Chapter 17.09.530, Conditional Use Permits. 17.09.530 Conditional use permits. B. Conditional Use Matrix. CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR MH/RV FC 1 RC I B&B /rooming or boarding house (9) C C C P P P- C. Pre -application Conference. Prior to the filing of a conditional use permit application, the applicant shall meet with the planning department to become acquainted with the requirements of the city. At such Agenda Page 65 of 107 i DRAFT meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer, architect or surveyor. D. Submittal Requirements and Applicant Responsibilities. At least thirty days prior to the review meeting held by the planning commission,review meeting the applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the planning department shall also be accompanied by or show the following information: 1. The street address and legal description of the property affected; 2. Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed; 3. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council; 4. Each applicant shall provide proof of delivery of written notice to all property owners adjacent to the property where the business is to be located. Adjacent properties shall be defined as all properties whose external boundaries are located within one hundred feet of the external boundary of the lot on which the business is to be located; and 5. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a signed notarized letter from the owner agreeing to the proposed conditional use is required. E. Enforcement. The zoning administrator shall be authorized to enter and periodically inspect all permitted premises for compliance with this section, applicable conditions, and applicable building, fire and health codes. 1. Prior to instituting any enforcement action for violations of this code, the zoning administrator shall deliver written notice of the violation to the permit holder. The permit holder shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 2. Any violation not corrected within the abatement period may, at the option of the city, be subject to administrative, civil, and criminal enforcement. The city may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the city shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable conditions of approval. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The city shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. 3. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the license or this section may be subject to a conditional use permit revocation, as provided by Chapter 5.04 of this code. 5. Persons operating a conditional use subject to this section without the required permission of the City of Moab, or is in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 6. Any approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery [of] written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the planning commission by delivering notice of appeal within fifteen days of the notice of revocation. Appeal of any decision made by the planning commission may be made to the appeal authority as per Chapter 17.72 of this code. Agenda Page 66 of 107 i DRAFT F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection H, below. 1. Review at public meeting.Public Hearing Required. The planning commission shall review all applicationshold a public hearing on an application for a conditional use permit during a regularly scheduled meeting prior to making its recommendation to the city council. The criteria listed in subsection H, below, shall be used to evaluate the proposal. 2. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. 2. Notification Requirements. a. Planning staff shall cause notice of the public hearing of the planning commission to be given by publication in a newspaper of general circulation in the city of Moab. Such notice shall state the time and place of such hearing and the nature of the subject to be considered and the h ring date shall be at I st fifteen days from the date of publication. b. Planning staff shall cause written notice of public hearing to be mailed to all owners of real property lying within three hundred feet of the property on which the change is requested. The notice shall be mailed not leers than fifteen days before the date yet for hearing by depositing in the mail such notice properly addre.sed arid -postage paid to each such owner as the ownership appears on the last approved county tax roll. G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The Csity sCouncil shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The City Recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. -In accordance with state law, the applicant shall adequately demonstrate that the criteria have reasonably been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. Agenda Page 67 of 107 i DRAFT 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab Planning Department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1. Any person, adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging Agenda Page 68 of 107 i DRAFT any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 12-09 (part), 2012; Ord. 12-05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following preconditions: 1. Bed and breakfast facilities, rooming and/or boarding house may be allowed as a conditional use where applicant can show evidence of reasonable compliance with outlined standards and procedures and where there is minimal impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 64. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation, and in no case shall a bed and breakfast be located on a cul-de-sac, dead end street, or a zoning lot with a street frontage of less than fifty (50) feet. 2. There shall be a minimum perimeter separation of three hundred (300) feet between property lines of bed and breakfasts. 3. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. A new structure shall not be constructed solely for the use of a bed and breakfast and a property owner may not apply for a bed and breakfast for a period of two (2) years after the date of receiving a Certificate of Occupancy. Bed and breakfast facilities shall be located in an existing structure that is a minimum of 2,000 square feet in size. Additions to an existing structure for a bed and breakfast use shall not exceed twenty (20) percent of the total area of the existing structure. 4. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off- street parking space per rental bedroom) in addition to needed parking for owners of the Agenda Page 69 of 107 i DRAFT facility_; A maximum stay shall not exceed thirty days, and meals shall be served only to guests. 5. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 6. No bed and breakfast facility shall rent for compensation more than sevenfive rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 7. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 8. Signs are limited to one non -flashing sign not larger in area thaen four (4) square feet.twe hundred twenty-six square inches. If lighted, the light shall be defuseddiffused or shielded. 9. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 10. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 11. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the City Council planning commission can be appealed to District Courtthe appeal authority within thirtyen days of City Council planning commi-lion action. Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2015. ATTEST: Rachel Stenta, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department\2015\ordinances \#2015-08 hadocz Agenda Page 70 of 107 DRAFT ORDINANCE #2015-08 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 17.09.530 B AND 17.09.531(9) BY AMENDING THE CONDITIONS FOR THE APPROVAL OF BED AND BREAKFASTS AS A CONDITIONAL USE WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has noticed that there is a need to amend the Code Chapters dealing with conditional use permits and that the Code is lacking concise review criteria that can be applied to individual conditional uses; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on July 9, 2015, to hear testimony and determine the merits of the changes to the Code; and WHEREAS, the Commission found that the proposed changes would benefit Planning Staff in the day to day administration of the Code and be more easily understood by the general public; and WHEREAS the Commission unanimously voted to recommend to Council that adoption of the new language was in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2015-08 in a regularly scheduled public meeting held on July 28, 2015, to hear and decide the merits of the proposed change to Chapter 17.09, Definitions, of the Moab Municipal Code; and, WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2010-13 and repeals the following Chapters in the Moab Municipal Code and holds them in reserve: AND, FURTHERMORE, Council adopts the following table and text as an amendment to the language found in Chapter 17.09.530, Conditional Use Permits. 17.09.530 Conditional use permits. B. Conditional Use Matrix. CONDITIONAL USES R- 1 R- 2 R- 3 R- 4 RA- 1 A- 2 C- 1 C- 2 C- 3 C- 4 C- 5 SAR MH/RV FC 1 RC I B&B /rooming or boarding house (9) C C C P P P C. Pre -application Conference. Prior to the filing of a conditional use permit application, the applicant shall meet with the planning department to become acquainted with the requirements of the city. At such Agenda Page 71 of 107 DRAFT meeting, the application contents, referral agencies, review procedures, use and area standards, and the general character of the development may be discussed. At the pre -application conference, the applicant may be represented by a land planner, engineer, architect or surveyor. D. Submittal Requirements and Applicant Responsibilities. At least thirty days prior to the review meeting held by the planning commission, the applicant shall file a complete application that shall include a title certificate from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application provided by the planning department shall also be accompanied by or show the following information: 1. The street address and legal description of the property affected; 2. Any and all plans, information, operating data and expert evaluation necessary to clearly explain the location, function and characteristics of any building or use proposed; 3. A filing fee to cover the cost of review in accordance with the fee schedule adopted by resolution of the city council; 4. Each applicant shall provide proof of delivery of written notice to all property owners adjacent to the property where the business is to be located. Adjacent properties shall be defined as all properties whose external boundaries are located within one hundred feet of the external boundary of the lot on which the business is to be located; and 5. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, a signed notarized letter from the owner agreeing to the proposed conditional use is required. E. Enforcement. The zoning administrator shall be authorized to enter and periodically inspect all permitted premises for compliance with this section, applicable conditions, and applicable building, fire and health codes. 1. Prior to instituting any enforcement action for violations of this code, the zoning administrator shall deliver written notice of the violation to the permit holder. The permit holder shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission upon a showing of good cause. 2. Any violation not corrected within the abatement period may, at the option of the city, be subject to administrative, civil, and criminal enforcement. The city may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the city shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable conditions of approval. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The city shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. 3. Alternatively, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. In addition to all other remedies, any permit holder that refuses or fails to abate any violation of the license or this section may be subject to a conditional use permit revocation, as provided by Chapter 5.04 of this code. 5. Persons operating a conditional use subject to this section without the required permission of the City of Moab, or is in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 6. Any approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery [of] written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the planning commission by delivering notice of appeal within fifteen days of the notice of revocation. Appeal of any decision made by the planning commission may be made to the appeal authority as per Chapter 17.72 of this code. F. Planning Commission Review Criteria and Processing. In reviewing a conditional use, the planning commission shall utilize the criteria listed in subsection H, below. Agenda Page 72 of 107 DRAFT 1. Review at public meeting. The planning commission shall review all applications for a conditional use permit during a regularly scheduled meeting prior to making its recommendation to the city council. The criteria listed in subsection H, below, shall be used to evaluate the proposal. 2. The planning commission shall convey its recommendation and express its findings to city council by adoption of resolution. G. City Council Processing and Review Criteria. In reviewing a conditional use application, the city council shall utilize the process and criteria listed below. 1. Public Hearing Required. The City Council shall hold a public hearing on any application for a conditional use permit prior to taking any final action on the application. 2. Notification Requirements. The City Recorder shall cause notice of the public hearing of the city council to be given by publication in a newspaper of general circulation in the city of Moab without the necessity of notifying property owners by mail. Such published notice shall state the time and place of such hearing and the nature of the subject to be considered and the hearing date shall be at least fifteen days from the date of publication. H. Conditions of Approval. Both the planning commission and the city council shall use the following criteria in reviewing conditional use permit requests. It is specifically understood that certain criteria listed below may not apply to a particular application and that failure to meet one or more of the applicable criteria may be cause for denial. In accordance with state law, the applicant shall adequately demonstrate that the criteria have reasonably been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab general plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 9. After considering the public comment relating the criteria listed above in relation to the requested conditional use permit, the planning commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria for a conditional use permit. Approval or denial of the application by the city council shall be memorialized in the minutes of the meeting. A determination that the applicant has not met one or more Agenda Page 73 of 107 DRAFT of the applicable criteria shall be sufficient to deny the request. The planning commission and the city council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. I. Records. A file containing all documents relevant to the application and disposition of such conditional use permits shall be maintained by the Moab Planning Department. J. Maximum Density. The maximum density allowed by a conditional use permit shall be no greater than that permitted in the underlying zone district. K. Specific Performance. Action authorized by approval of a conditional use permit must commence within one year of the time the permit is issued. If the permit holder has not commenced action under the permit within this time, the permit shall expire and the holder must apply for a new permit. The planning commission may grant a one-time six-month extension for good cause shown. In order to obtain an extension, the permit holder must apply for the extension in writing before the expiration of the original permit. The application must be submitted to the zoning administrator with a description of the cause for requesting the extension. L. Permit Revocation. 1. The city council may revoke the conditional use permit of any person upon a finding that the holder of the permit has failed to comply with any of the conditions imposed at the time the permit was issued. The city recorder shall cause notice of the revocation to be sent to the holder of the permit and the holder of the permit shall immediately cease any use of the property that was based on the conditional use permit. Violation of this clause shall invoke Section 17.78.030 2. If the city council revokes a permit under this section, the holder of the permit shall have a right to appeal the revocation. The holder must file the appeal with the city recorder within fifteen days of the date of the notice that the city has revoked the conditional use permit. 3. Upon receipt of the appeal, the city council shall set a hearing on the appeal at its next regularly scheduled meeting which is more than fifteen days after the time the city recorder received the appeal. The city shall supply the permit holder of the time, date and place of the hearing at least fifteen days before the hearing. At the hearing, the permit holder shall have the right to be heard on the revocation. M. Appeals. 1. Any person, adversely affected by the final decision of the city council pursuant to this chapter may appeal that decision to the Grand County district court. 2. A judicial action seeking review of a decision by the city council must be filed no later than thirty days from the date of the final decision that is the subject of the action or legal claim. Any action commenced beyond that time shall be subject to summary dismissal. 3. Review of any conditional use permit application shall be based upon the record of proceedings before city council. Upon the commencement of a judicial appeal challenging any decision under this chapter, the city shall transmit to the district court true and correct copies of all submittals, testimony, orders, and file documents comprising the record pertaining to the application, including any transcript or tape recordings of proceedings. (Ord. 12-09 (part), 2012; Ord. 12-05 (part), 2012; Ord. 11-09 (part), 2011; Ord. 11-01 (part), 2011; Ord. 10-13 (part), 2010; Ord. 10-06 (part), 2010; Ord. 08-05 (part), 2008) 17.09.531 Conditions for approval of specific conditional uses. (9) Bed and Breakfast, Rooming or Boarding House. A. All such uses shall comply with the following conditions: Agenda Page 74 of 107 DRAFT 1. Bed and breakfast facilities, may be allowed as a conditional use where applicant can show evidence of reasonable compliance with outlined standards and procedures and where there is minimal impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 54. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation, and in no case shall a bed and breakfast be located on a cul-de-sac, dead end street, or a zoning lot with a street frontage of less than fifty (50) feet. 2. There shall be a minimum perimeter separation of three hundred (300) feet between property lines of bed and breakfasts. 3. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. A new structure shall not be constructed solely for the use of a bed and breakfast and a property owner may not apply for a bed and breakfast for a period of two (2) years after the date of receiving a Certificate of Occupancy. Bed and breakfast facilities shall be located in an existing structure that is a minimum of 2,000 square feet in size. Additions to an existing structure for a bed and breakfast use shall not exceed twenty (20) percent of the total area of the existing structure. 4. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off- street parking space per rental bedroom) in addition to needed parking for owners of the facility. A maximum stay shall not exceed thirty days, and meals shall be served only to guests. 5. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 6. No bed and breakfast facility shall rent for compensation more than five rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 7. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 8. Signs are limited to one non -flashing sign not larger in area than four (4) square feet.. If lighted, the light shall be diffused or shielded. 9. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 10. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. Agenda Page 75 of 107 DRAFT 11. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. C. Appeals. Approval or disapproval of a bed and breakfast application by the City Council can be appealed to District Court within thirty days of City Council action. Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2015. ATTEST: Rachel Stenta, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department \2015\ordinances \#2015-08 hEb.docx Agenda Page 76 of 107 DRAFT MOAB CITY PLANNING COMMISSION MEETING :: MINUTES :: JULY 9, 2015 :: Members Present: Members Absent: City Staff: Public Members: Laura Uhle, Allison Brown, Wayne Hoskisson, Joe Downard (arrived at 7:03 pm) Jeanette Kopell Planning Director Jeff Reinhart, Zoning Administrator/Planning Assistant Sommar Johnson, City Manager Rebecca Davidson 4 The Moab City Planning Commission held its regular meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Acting Planning Commission Chair Wayne Hoskisson called the meeting to order at 7:00 pm. 1. Planning Commission Workshop — 6:00 Planning Commission members discussed chapters one through three of the General Plan Update. 1. Citizens to be Heard There were no citizens to be heard. 2. Action Item Approval of Minutes: May 14, 2015 June 11, 2015 Commissioner Uhle moved to approve the minutes for May 14, 2015 with the written changes submitted by Wayne Hoskisson regarding his concerns of the findings in Planning Resolution 05-2015. Commissioner Uhle moved to approve the minutes for June 11, 2015 as written. Commissioner Brown seconded the motion. The motion carried 3-0 aye. 3. Public Hearing — Proposed Ordinance 2015-08 An Ordinance Amending the City of Moab Municipal Code, Sections 17.09.530(B) and 17.09.531(9) by Amending the Conditions for the Approval of Bed and Breakfasts as a Conditional Use Acting Chair Hoskisson opened the public hearing at 7:15 pm. Kalen Jones stated three topics were on the mind of many residents this spring: traffic, noise, and housing. He stated these problems probably don't have simple solutions but the city can take incremental steps to address them to cumulatively make a difference. He said he knows this body has been working on the housing issue and others in the city have been working on the traffic and noise problems. He said continuing to allow the conversion of homes to B&B's, essentially lodging, undermines these efforts. He said houses that become B&B's fill up bedrooms that would be occupied by little children year-round are now occupied intermittently by tourists and empty for much of the year. He stated the noise issue there is no clear solution because the city does not have the Agenda Moab City Planning Commission, Minutes my 9, 2015 Page 77 of 107 Page 1 of 3 DRAFT ability to regulate it. He said continuing to convert houses to lodging imposes the burden of that noise on residents who purchased in neighborhoods with some presumption that they would be able to enjoy their yards, their homes, and the quiet of their bedrooms late at night without the sounds of machines that didn't exist in quantity five years ago. He said he is confident, or at least optimistic, that the city and the state will solve these issues but they haven't yet so he thinks it is premature to permit anymore bed and breakfasts within residential zones. He thinks [the Commission] should remove bed and breakfasts as a conditional use in the "R" zones and add as a suggestion make them a permitted use in some commercial zones. He said the topic of liability has come up and an easy way to address it to some extent is to not have conditional uses for B&B's at all. He said where lodging is appropriate have them as a permitted use and leave them out of neighborhoods until the problems of housing, traffic and noise are resolved for the city largely as a whole without imposing that burden on the rest of them. Scott Carson said as the resident at 105 Arches Drive which is the next door neighbor to the last year's B&B proposal at 100 Arches Drive he thinks we all learned a lot about this process and he appreciates the Planning Commission taking steps to rectify some of the loose areas regulations -wise. He said there are some good things in there that he supports such as no new construction and don't do it on cul-de-sac, dead-end street, or a street length of less than fifty feet is a very good idea. He said what you want to do though is do not eliminate the neighbor notification. He said he was the second house away from 100 Arches Drive and 105 and 95 the daycare that operates between them that the applicant's also own is just the next house so if it hadn't been for that 300 feet and he is here a lot but most of the time they are gone and it wasn't until last August that he got this letter otherwise they would have never known. He said no one on the street knew and you saw what a clamor this raised within the city over the last year. He said a standing room only City Council meeting and a three to one denial don't eliminate that neighbor notification. He said you've got a big problem in Moab right now and most people are looking to get out. He said people that have been here for a while that knew what Moab was like have seen the proliferation of these nightly business rentals within their residential homes. He said they had their home listed since February and they've had no interest whatsoever, a couple showings, but nothing. He claims that is because they see this huge monstrosity that was built as a b&b as new construction two houses away. He said he understands the tourist industry drives everything and this is the decision the city fathers made but you have to live with some of the downsides of that. He said you need leave a few enclaves in this area. He said when they first drove up on Arches Drive they couldn't believe how beautiful and quiet it was. Mr. Carson informed Commissioner Brown that it is not that far. He said just go off of 400 East and 200 South and turn at Hillside and take a left and you are 250 feet above Moab and it is the quietest little street in Moab but they had to fight against a five bedroom motel that was being built one house away. He stated like Kalen said it changes the entire character of the neighborhood and you saw how many Moab residents objected to this. He said another comment he wants to make is do not allow since all these conditional use permits take a tremendous amount of effort both on city staff time and the applicants don't make them just available to be sold and bought on the open market. He said you don't know who the new owners are going to be and you're exactly right you don't want to place this extra burden of annual review on city staff. He said they are already overworked. He said the annual review excuse doesn't buy and these things are rarely revoked as you have seen. He stated once they are in they are in and he objects to the word "reasonably" put in there. He said either a conditional use permit meets the letter of the law or it doesn't and he appreciated the Commission's time. 4. Action Item — Proposed Ordinance 2015-08 Recommendation to City Council An Ordinance Amending the City of Moab Municipal Code, Sections 17.09.530(B) and 17.09.531(9) by Amending the Conditions for the Approval of Bed and Breakfasts as a Conditional Use Commissioner Downard moved to forward proposed Ordinance 2015-08 with the additional changes to City Council with a positive recommendation. Agenda Moab City Planning Commission, Minutes my 9, 2015 Page 78 of 107 Page 2 of 3 DRAFT • 17.09.531(9)(B)(2) shall read: "There shall be a minimum perimeter separation of three hundred (300) feet between property lines of bed and breakfasts." • 17.09.531(9)(B)(3) shall read: "Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling and a property owner may not apply for a bed and breakfast for a period of two (2) years after the date of receiving a Certificate of Occupancy. Bed and breakfast facilities shall be located in an existing structure that is a minimum of 2,000 square feet in size. Additions to an existing structure shall not exceed twenty (20) percent of the total area of the existing structure." • 17.09.531(9)(B)(8) shall read: "Signs are limited to one non -flashing sign not larger in area than four (4) square feet. If lighted, the light shall be diffused or shielded." Commissioner Uhle seconded the motion. The motion carried 3-1 aye, with Commissioner Hoskisson voting nay. 5. Future Agenda Items Commissioners held a brief discussion regarding future agenda items. Adjournment Acting Planning Commission Chair Hoskisson adjourned the meeting at 8:10 pm. Agenda Moab City Planning Commission, Minutes my 9, 2015 Page 79 of 107 Page 3 of 3 MOAB CITY COUNCIL MEETING �Ilo.--duly 28, 2015 Agenda item #: 7-3 MOAB [Title: Adoption of Council Resolution #27-2015 Approving a Petition for a Boundary Line Adjustment between 491 Nichols Lane and 498 Rosetree Lane Staff: Jeff Reinhart, City Planner Department: Planning and Zoning Applicants: - Drake Taylor and Helene Boyer Background/Summary: PL-14-37 l Both owners of the properties have agreed to this lot line adjustment. The adjustment will decrease the size of the lot on Nichols Lane from 11,301 square feet to 9,268 square feet. The areas of both lots exceed the minimum lot size of 5,000 square feet for the R-2 Zone. The request complies with State Code Chapter 10-9a-608(2) that allows a subdivision plat to be amended by the Land Use Authority (Council) without a public hearing if: (a) the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. Agenda Page 80 of 107 Page 2 of 2 This request meets the applicable requirements listed in state law and the dimensional requirements of Moab Municipal Code sections 17.06 and 17.48.030. Options: Council may: 1. Approve the petition for the creation of the two lots as submitted; 2. Approve the petition for the creation of the two lots with conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council because it satisfies the requirements of Utah State Code and Moab Municipal Code. Recommended Motion: I move to adopt resolution #27-2015 and approve the lot line adjustment as submitted. Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative Council Resolution #27-2015 p:\planning department \2015\correspondence \p1-37 cc taylor-buyer bla.docx Agenda Page 81 of 107 RESOLUTION #27-2015 A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR PROPERTY LOCATED IN THE R-2, SINGLE- AND TWO-FAMILY RESIDENTIAL ZONE AT 491 NICHOLS LANE AND 498 ROSETREE LANE, OWNED BY DRAKE TAYLOR AND HELENE BOYER WHEREAS, Drake Taylor and Helene Boyer at 498 Rosetree Lane, Moab, Utah 84532, also as the "Owners" of 491 Nichols Lane, Moab, Utah have applied for a Boundary Line Adjustment of said described properties; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed Boundary Line Adjustment; and WHEREAS, the Owners desire to create two lots consisting of .62 acres (27,047 square feet) at 498 Rosetree Lane and a lot consisting of .21 acres (9,268 square feet) at 491 Nichols Lane; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on July 28, 2015, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10- 9a-608(2) that allows an amendment of a subdivision plat without a public hearing if: (a)the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, the application does not include a request to vacate or amend a public street, right-of-way, or easement; and WHEREAS, the proposed amended lot sizes exceed the minimum lot size requirement of 5,000 square feet for the R-2 Zone; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL: THAT, the application for the boundary line adjustment for the lots located at 498 Rosetree Lane and 491 Nichols Lane is hereby approved without conditions. PASSED AND ADOPTED by action of the Moab City Council in open session this 28th day of July , 2015. ATTEST: Rachel Stenta Dave Sakrison Moab City Recorder Mayor Resolution #27-2015 Page 1 of 1 Agenda Page 82 of 107 Taylor - Pronovost Subdivision Agenda 0 20 40 80 Feet 1 inch = 40 feet Page 83 of 107 N r 1 Agenda D N 1 O O N A FINAL PLAT OF TAYLOR-PRONOVOST SUBDIVISION: A RE -PLAT OF NICHOLS PLAT LOT 9-A & LANDS WITHIN LOTS 8, 9, 10, & 18 OF THE NICHOLS PLAT OF NICHOLS-BOWEN SUBDIVISION, IN THE NE 1 /4 OF SECTION 6, T 26 S, R 22 E, SLB&M, MOAB CITY, GRAND COUNTY, UTAH FND. W 1 /4 C❑R. SEC. 6, T265, R22E, SLB&M P.O.C. O SCALE: 1 11= 20' (24" X 36° ONLY) LOCATED IN THE NE 1 /4 OF SEC 6, T26S, R22E, SLB&M. VICINITY MAP: (NO SCALE) CENTER ST. O O N 1 ' PROJECT /01111 LOCATION NICHOLS W O O NOTES: 41 6. 1 31 LOT 1 ❑ THOMAS S HERMANSEN SUZANNE HERMANSEN GEDDY NORTHRUP KELLY HERMANSEN PARCEL 01 -MNI-0009 S ❑O° 1 8'00" W 16. S 89°32141 ° E 28.6❑' LOT 1 B WAYNE B. GRUPP WREN L. Mc CLEARY PARCEL ❑ 1 -MNI-❑❑ 1 B P.O.B. BASIS OF BEARINGS S 89°53100" E 1 31 4.40' (M) ROSETREE L N. 5 B9°53100" E 224.921 33.❑01 w u3 rn ❑ o° Z 7.❑❑' a W ❑ O rl O Z N 1- • 0 N p 0 ro D Z O<P• �v 66.4❑' i OG• 0v LOT 1 DRAKE TAYLOR HELENE BOYER 27047 SQ. FT. 0.62 AC. PRE -ADJUSTMENT LOT LINES (LINE VACATED THIS PLAT) N 89° 1 6' 1 811 W Oo. 0v 3 O D N N 89° 1 7' 1 2° W 65.891 LOT 2 DRAKE TAYLOR 926E SQ. FT. ❑.21 AC. 1 5.0❑' N 89°26100° W In 00 tS] CO PROP. HOME SITE AREA • 1. MOAB CITY ZONING R-2 RESIDENTIAL ZONE. 2. LOCATION OF EXISTING AND PROPOSED WATER SUPPLY AND SEWER SYSTEM TO BE LOCATED BY BLUE STAKES AND PROPOSED HOOK-UPS TO BE ARANGED WITH INDIVIDUAL UTILITY PROVIDERS. 3. PROPOSED LOTS CREATED FROM THIS SUBDIVISION AMENDMENT SHALL MEET THE REQUIREMENTS OF THE CITYIS STORM DRAINAGE ORDINANCE. 4. PROPOSED LOTS CREATED FROM THIS SUBDIVISION AMENDMENT SHALL MEET THE REQUIREMENTS OF THE CITYIS FIRE PROTECTION ORDINANCE. LEGEND: FND. CHISEL MARK ON CURB 9 FOUND SECTION CORNER SECTION CORNER NOT FOUND FOUND WITNESS CORNER • SET CORNER - 5/BII REBAR WITH PLASTIC CAP Q• FOUND PLASTIC CAP -------SECTION/CENTERLINE LINE PROP. HOME SITE AREA —ADJOINING LOT LINES SUBJECT LOT LINES EXISTING CURB & GUTTER —oEXISTING FENCE 95.❑❑1 u 157.72 LOT 17 KATHLEEN A MC C❑RMICK TRUSTEE KATHLEEN A MC CORMICK LIVING TRUST PARCEL 01-MNI-001 7 NICHOLS L N. LOT 16 JOHN FLYNN PARCEL O 1 -MNI-001 6 FND. NAIL & WASHER MAYORS APPROVAL: PRESENTED TO THE MOAB CITY MAYOR THIS DAY OF, A.D. 2❑. SLLBDIVISION WAS ACCEPTED AND APPROVED. ATTEST 40.❑01 —0— FND. GEN. W 1 /1 6 COR. SEC. 6, T26S, R22E, SLB&M LOT 7 DRAKE TAYLOR HELENE BOYER PARCEL ❑ 1 -MNI-OOBO LOT 15 WIVAN CENDESE JAN W CENDESE B9.4% THE CORPOATION OF THE EPISCOPAL CHURCH IN UTAH 1 0.6% PARCEL 0 1 -MNI-❑❑ 1 5 I SURVEYOR'S CERTIFICATE: I, JAMES D TAYLOR, DO HEREBY CERTIFY THAT I AM A UTAH PROFESSIONAL LAND SURVEYOR AND THAT I HOLD LICENSE NO.:7845950 AS PRESCRIBED BY THE LAWS OF THE STATE OF UTAH, AND I FURTHER CERTIFY THAT UNDER AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS, HEREAFTER TO BE KNOWN AS TAYLOR-PRONOVOST SUBDIVISION, AND THAT THE SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPTION BEGININNG AT A POINT ON THE SOUTH RIGHT-OF-WAY OF ROSETREE LANE SAID POINT BEARS S 89°53'00" E A DISTANCE OF 416.13 FEET AND S 00°1 B'00" W A DISTANCE OF 16.50 FEET FROM THE W 1/4 CORNER OF SECTIN 6, T 26 S, R 22 E OF THE SLB&M AND PROCEDING THENCE S 89°53'00" E A DISTANCE OF 224.92 FEET, THENCE S 00°1 B'00" W A DISTANCE OF 1 1 2.55 FEET, THENCE N 89°1 6' 1 8" W A DISTANCE OF 157.72 FEET, THENCE S 00°34'00"W A DISTANCE OF 1 1 8.135 FEET, THENCE N 89°26'00" W A DISTANCE OF 95.00 FEET, THENCE N 00°34'00" E A DISTANCE OF 1 1 E1.96 FEET, THENCE S 89°32'41 " E A DISTANCE OF 28.60 FEET, THENCE N 00°24'40" W A DISTANCE OF 49.23 FEET, THENCE N 00°06'46" E A DISTANCE OF 60.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 36315 SQUARE FEET OR 0.B3 ACRES MORE OR LESS. DATE: JAMES D TAYLOR LICENSE No. 7845950 P.O. Box 218 80 EAST CENTER ST. MOAB, UTAH B4532 PH (435)259-B 1 71 DATE: 7- 1 - 1 5 DRAWN BY: KG KEOGH ROSENBERG LAND SURVEYING ENGINEERING CIVIL • STRUCTURAL COUNTY RECORDER NO.: STATE OF UTAH, CO. OF GRAND. RECORDED AT THE REQUEST OF : DATE: DcrnonFR' TIME: BOOK: PAGE: FEE: JOHN ALLEN CORTEZ OWNER'S DEDICATION: KNOWN ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNER'S) OF THE ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS THE TAYLOR-PRO N OVO ST SUBDIVISION D❑ HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HAND THIS DAY OF A.D. OWNER DATE OWNER DATE ACKNOWLEDGMENT: STATE OF COUNTY OF ) ON THE DAY OF , PERSONALLY APPEARED BEFORE ME , WHO DULY ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. MY COMMISSION EXPIRES: NOTARY PUBLIC RESIDING IN Page 84 of 107 To whom it may concern: July 10, 2015 Subject: Lot line alteration between the properties located at 498 Rosetree Lane, (owned by Drake Taylor and Helene Boyer), and 491 Nichols, (owned by Drake Taylor). We are in the process of selling my vacant lot located at 491 Nichols Lane. This lot shares a lot line with our primary residence located at 498 Rosetree Lane. The common lot line between these two lots is the southern boundary of our Rosetree Lane lot and the northern boundary of my Nichols Lane lot. This is the lot line that we would like to alter. By altering this common lot line we wish to accomplish three things: 1.) To give our primary residence a larger "buffer" zone from the house to be built on the 491 Nichols Lane lot, (especially since the building site for the Nichols Lane lot is due south of our primary residence, and if a large house is built, it could potentially take away some or all of our southern sun that helps heat our house in the winter). 2.) The proposed lot line alteration will decrease the size of the Nichols Lane lot thus making it more affordable for the buyer. 3.) And this alteration will allow us to keep a sunny gardening spot The size of the Nichols Lane lot will be decreased from 11,301 square feet to 9,268 square feet The buyer of my 491 Nichols Lane lot is also in favor of this lot line alteration. His name is Jason Pronovost and his number is 210-1432 if you have any questions for him. Thank you for your consideration in this matter. Drake Taylor Helene Boyer Page 85 of 107 Applicant. 1 G • 0111 Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. 16 i.0 393 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) pAQQ /� / Phone. J Mailing Address: 6 U , ` '�' `�' E-mail: 1 n 'load✓A (i4htv`017-1"' Size of Properties: kftett714 ..L 1101117 i 1 C I S `�' 1 ' Location of Affected Properties: 916 Roe-64 41kt 9,71 Anc LIS L vtk A short narrative describing the reason for the amendment is required and is part of a complete application. Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: i. Join two or more of the petitioner fee owner's contiguous lots; ii. Subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; Adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels joins in the petition, regardless of whether the lots or parcels are located in the same subdivision; 1 3 & Ce iv. On a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or v. Alter the plat in a manner that does not change existing boundaries or other attributes of lots within that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. Page 86 of 107 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: MAYOR Dave Sakrison Date ATTEST: CITY RECORDER Rachel Stenta Date cc c a) En Page 87 of 107 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT OWDIERS: Date L:' Date page 2 State of Uk\-ah ti ) County of Gv-alf‘ ) On the r2-3 day o�u, (9bl, personally appeared before :(D( G\CSL. \OLa\P•r 04(N6i (name of owner(s)) acknowledged to me that they executed the same. .►�.. NOTARY PUBUC CHANTS .WYNONAMURPHY 851285 COMMISSION EXPIRES DECEMBER 27, 2015 STATE OF UTAH j Notry Public My Commission Expires: i p jg1)g6.6 Residing in -j31.)�• ,na OWNERS: Date Date State of ) County of ) On the day of , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in Page 88 of 107 MOAB CITY COUNCIL MEETING July 28, 2015 Agenda ltem #: 7-4 Title: Approval of 2015 Moab Municipal Primary Election and Counting Judges Fiscal Impact: Total Poll Worker Primary Election budget = $2,200 Staff Presenter(s): Rachel E. Stenta, City Recorder/Assistant City Manager Department: City Recorder/Elections Applicant: n/a Background/Summary: Every election year, the City Council approves election and counting judges to be appointed to every city polling place. Poll workers must be registered voters who reside in the County. The municipal legislative body may not appoint any candidate's parent, sibling, spouse, child or in-law to serve as a poll worker. This election year I advertised in all local papers to solicit poll workers. We also conducted our election judge training on July 6, 2015. Options: Appoint three election judges and three counting judges per polling place Staff Recommendation: Approve the appointment of poll workers as presented. Recommended Motion: I move to appoint poll workers for the Moab Municipal General Election as presented Attachment(s): Poll worker list Page 89 of 107 Precincts 1 & 9 - County Courthouse Election Judges Name Address Phone Precinct * Adair Joyce 337 Walker Farnsworth Celeste 111 Arbor Dr. Hawks Wynette 2187 Plateau Alternate Election Gough Joan 441 East Center Street Counting Judges Groesbeck Danette 825 Mountain View Dr. Hoskisson Wayne P.O. Box 14 Rau William HC 64 Box 3612 Alternate Counting Kopell Jeanette P.O. Box 820 7/26/2015 *presiding judge Moab City Recorder's Office Agenda Page 90 of 107 Precincts 2 & 5 - City Center Election Judges Name Address Phone Precinct * Talman Eve 261 E. 200 So. Robinson Karen 2871 E. Bench Road Neuneker Donna 170 Birch Ave. Alternate Election Blackburn Michelle 77 E. Center Counting Judges Beeson Lenore 128 N. 100 E. Byrd Becky 763 Palisade Stenta Daniel 684 No. McCormick Blvd. Alternate Counting Marshall Mark 668 No 500 W. 7/26/2015 Agenda 'presiding judge Page 91 of 107 Moab City Recorder's Office Precinct #3 & #10- Grand Center Election Judges Name Address Phone Precinct * Hinchman Lewis 1171 N. Kayenta Dr. Lea Gail 469 Sundial Tendick Marcia 1899 Plateau Circle Alternate Election McGann Mary 285 Hillside Counting Judges Niehaus Emily 548 Locust Lane Epperson Rikki 3271 juniper dr. Hill Tory HC 64 Box 2809 Alternate Counting Mason Bruni 1433 Huntcreek 7/26/2015 'presiding judge Moab City Recorder's Office Agenda Page 92 of 107 Precinct 4 - First Baptist Church Election Judges Name Address Phone Precinct * Bailey Carrie 46 S. 200 E. McCandless Charme 1785 Mil!creek Dr. Inskip Eleanor 366 East 100 North Alternate Election Hackley Pam HC64 Box 3208 Counting Judges Nelson Sharon 540 E. 100 No. Apt. 208 Jackson Joan P.O. Box 1448 Hofhine Mary 380 MiVida Alternate Counting Birsfield Cathy 646 MiVida Drive 7/26/2015 *presiding judge Moab City Recorder's Office Agenda Page 93 of 107 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING July 28, 2o15 / / Agenda item #: 7-5 Title: Approval of Funding for a Riparian Master Plan Fiscal Impact: $75,000 Staff Presenter(s): Rebecca Davidson, City Manager Department: Engineering/Planning Applicant: N/A andi MOAB Background/Summary: Over the past several months, as staff has reconsidered the floodway ordinance through individual discussions with members of the public, listening at the hearing and other research, we have found that the City can improve not only the floodway areas, we can improve the floodplain areas along both Mill and Pack Creeks. The floodplain areas, which enriches plant life and animal life (small squirrels and other such animal native to the area) if maintained in a positive way. We have attached much of our research, through Google docs, which demonstrates that the riparian habitat best practices and the ordinance controlling such environments is general written in a separate Ordinance from the standard Floodway Ordinance. Staff is suggesting that we utilize $75,000 from the drainage fund to develop a Master Plan for the riparian habitats along both Mill Creek and Pack Creek. Once this Master Plan is complete, we would begin to develop projects along City owned lands adjacent to these drainage ways to be first to showcase how these improvements would work to improve them. 1 Options: Approve, deny or postpone Staff Recommendation: Staff is recommending that Council approve proceeding with using funding from the Storm Water Fund for the project. Recommended Motion: I move to approve (insert agenda item). Attachment(s): Agenda Page 94 of 107 an. 040, MOAB f CITY COUNCIL MEETJN / ' JULY 28, 2015 f Agenda Item #: 7-6 PL-15-39 Title: Approval of Ordinance #2015-05 to Amend Chapter 17.33, FC-1, Flood Channel Zone, Removing Uses that do not Comply with the National Floodplain Insurance Program Regulations Specifically Relating to the Protection of the Regulatory Floodway, as Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Background/Summary: Based on comments from the public, minor changes to the ordinance have been proposed by staff and are noted in red. The changes include: Changing the name of the zone to FW, Floodway, as suggested by Council; Adds "or smooth wire" to section 17.33.040(A); Removes "only' from the list of uses in 17.33.020; Removes solid wooden fences 6' in height from the FC-1 (FW) Zone; and there is no section 17.33.060 Removes playgrounds from the zone; Removes the reference to 17.09.700, because it deals with the prohibition of nightly rentals and it is redundant in other code sections; Removes "keeping of animals" because it is redundant in specific underlying zones. The FC-1 Zone is a mapped regulatory floodway under the NFIP and because of this status certain requirements and restrictions are imposed to reduce losses caused by flooding. The restrictions include: 1. An engineered show of "no rise" in flood elevations is required for any development activity or structures including permanent fences. 2. Requiring permits for activity within the floodplain and the records must be available to be shown on demand. 3. Prohibition of cumulative impacts on the floodplain that may lead to barriers and water course changes. 4. Required inspection of projects. 5. Review of permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 405 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 6. Control of filling, grading, dredging and other "development" that may increase flood damage. Agenda Page 95 of 107 City Council July 28, 2015 Ordinance #2015-05 FC-1 Amendments Page 2 of 2 As noted in previous memos, this ordinance is a housekeeping document and approval will remove specific items and structures from the FC-1 Zone to reduce the chances of these items becoming downstream blockages. These changes will bring us into compliance with the minimum requirements of the NFIP and with our own Flood Damage Prevention regulations in MMC 15.40. Options: Council has several considerations to discuss. Council can: 1. Adopt Ordinance #2015-05 and approve the text amendment as submitted; 2. Adopt Ordinance #2015-05 and approve the text amendment with changes; 4. Vote to not adopt Ordinance #2015-05 and state the reasons; 5. Table the application until a later date and request additional information. Recommended Motion: I move to adopt Ordinance #2015-05 with the suggested minor changes and the name change of the zone from "FC-1, Flood Channel" Zone to "FW, Floodway" Zone. Attachment(s): Ordinance #2015-05 Ordinance #2015-05 with suggested minor amendments p:\planning department \2015\correspondence \p1-15-35 cc fw zone.docx Agenda Page 96 of 107 Amended Version July 21, 2015 ORDINANCE #2015-05 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.33, FC-1 FLOOD CHANNEL ZONE, SPECIFICALLY REFERENCING ACTIVITIES IN THE REGULATORY FLOODWAY WHEREAS, the Moab, Utah (City) City Council ("Council") adopted the Moab Municipal Code ("Code") Title 17.00, Zoning, and especially Chapter 17.30 Flood Channel Zone, in an effort to facilitate the protection of life and property from damage because of floods; and, WHEREAS, the FC-1 Flood Channel Zone is the designated Regulatory Floodway and includes the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height; and WHEREAS, the City, through involvement in the National Flood Insurance Program (NFIP), must regulate development in these floodways to ensure that there are no increases in upstream flood elevations; and WHEREAS, from time to time, the Federal Emergency Management Administration (FEMA) has conducted hydrologic studies and presented the city with necessary changes to the boundaries of the Floodway that may or may not alter the boundaries of the FC-1 Flood Channel Zone; and, WHEREAS, over time, City staff has recognized that certain aspects of Code Chapter 17.30, FC-1, Flood Channel Zone, are not conducive to providing adequate protection from flood damage; and, WHEREAS, fencing in floodways, construction of public transportation structures, construction of barriers, removal or planting of vegetation in floodways, and enforcement and penalties are inadequately addressed in the existing text of the FC-1 Zone; and, WHEREAS, Staff has recommended the attached amendments to the FC-1 Zone; and, WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing held on March 26, 2015, reviewed the changes to Code text that references the Flood Channel; and, WHEREAS, the Commission found that adoption of the proposed language for the continued participation of the City in the NFIP was a great benefit to the residents of the City of Moab; and, WHEREAS, the Commission favorably recommends the new language to Council for review and approval; and, WHEREAS, City Council reviewed Ordinance #2015-05 in a regularly scheduled meeting held on April 28, 2015, to hear and decide the merits of the proposed changes to Chapter 15.30, Flood Channel Zone, of the Code; and, WHEREAS, Council found on May 12, 2015, that the changes will add to the welfare and safety of the residents and provide greater benefits to the residents of Moab. NOW, THEREFORE, the Moab City Council hereby ordains that Chapter 17.30, FC-1, Flood Channel Zone shall be amended to read as follows: Chapter 17.33 Agenda FC-1 FLOOD CHANNEL ZONE Page 97 of 107 Amended Version July 21, 2015 Sections: 17.33.010 Objectives and characteristics. 17.33.020 Use requirements. 17.33.030 Area, width and location requirements. 17.33.040 Supplementary regulations 17.33.050 Enforcement and Penalties 17.33.010 Objectives and characteristics. The primary purpose of the FC-1 flood channel zone is to facilitate the protection of life and property from damage due to flood events by ensuring that the creek channel and adjacent overbank areas necessary to convey flood flows will be permanently kept free of encroachments. Lands within this zone are characterized by the primary creek channel and adjacent riparian fringes, which are free of buildings, fences, and fill embankments that are likely to be damaged or which will likely cause a restriction to the free flow of floodwaters during recurring floods. (Prior code § 27- 12-1) 17.33.020 Use requirements. 9ul.yThe following uses shall be permitted in the FC-1 flood channel zone: A. Agricultural uses, farming, truck gardening and the growing of nursery stock; B. Revetments and other flood protection structures; C. Public parks, trails, and open space; D. Public transportation structures if "no rise" can be shown. 17.33.030 Area, width and location requirements. There shall be no regulations pertaining to area, width or location of building requirements in the FC-1 flood channel zone. (Prior code § 27-12-3) 17.33.040 Specific Regulations. The following use regulations shall apply: A. Fences. — Fences will be allowed only if it can be determined through an engineering study that they can satisfy a No -rise (<0.00') in the FEMA and Community BFE. Exception. An engineering study may not be required for fences such as a farm barbed or smooth wire fence that are constructed in a way that the fence will be pushed over or ripped out early in the flood or will swing in the direction of the flood flow. If "water gap" or "flood gate" styles of livestock control are utilized, an engineer shall be consulted for appropriateness of their use. . B. Planting or removal of trees and shrubs. — Deep-rooted vegetation within the flood channel provides critical protection against large scale erosion. However, dense stands of sturdy trees and woody shrubs can also obstruct the free flow of floodwaters. The best situation is scattered native trees with a dense groundcover of native shrubs and grasses that offer minimal resistance to the passage of floodwaters. No existing native vegetation shall be removed and no new trees shall be planted within the floodway without the written approval of the City Floodplain Administrator. For any clearing or revegetation activity, a stabilization plan is required to be submitted to the city for evaluation and approval by City Staff. Agenda . Floodway to be kept clear. — The presence of debris such as fallen trees and tree limbs, Page 98 of 107 Amended Version July 21, 2015 construction materials, vehicles, or similar uses, within the floodway represents a significant hazard to the community as the debris can be transported by the floodwaters and become lodged against one of the several bridge structures. The accumulation of debris or storage of materials is prohibited within the floodway. It shall be the property owner's responsibility to keep the floodway portion of their property free of any such materials. 17.33.050 Procedure, Enforcement and Penalties No structure or land shall hereafter be constructed, altered, converted, or extended without full compliance with the provisions of this chapter and all other applicable regulations. Violations of this chapter by failing to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance through non-compliance with any of its requirements shall upon conviction thereof be fined not more than $ 1,000.00 or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Such associated costs may include attorney fees, all court fees, staff time, and shall include all costs associated with the abatement of the violation. Such costs may include, but are not limited to, removal of all prohibited barriers, structures, or fill. Nothing herein contained shall prevent the City of Moab from taking such other lawful action as is necessary to prevent or remedy any violation. AND, FURTHERMORE, the Moab City Council hereby ordains that Chapter 17.06, Definitions, shall be amended to include the following term: Revetment. A wall or facing of stone, concrete, masonry, wood or other stabilizing material placed on the banks of rivers, streams or levees to protect them from erosion Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2015. ATTEST: Rachel Stenta, City Recorder p:\planning department \2015\ordinances\#2015-05 version 3 with strikeouts.docz SIGNED: David L. Sakrison, Mayor Agenda Page 99 of 107 Amended Version July 21, 2015 ORDINANCE #2015-05 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.33, FC-1 FLOOD CHANNEL ZONE, SPECIFICALLY REFERENCING ACTIVITIES IN THE REGULATORY FLOODWAY WHEREAS, the Moab, Utah (City) City Council ("Council") adopted the Moab Municipal Code ("Code") Title 17.00, Zoning, and especially Chapter 17.30 Flood Channel Zone, in an effort to facilitate the protection of life and property from damage because of floods; and, WHEREAS, the FC-1 Flood Channel Zone is the designated Regulatory Floodway and includes the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height; and WHEREAS, the City, through involvement in the National Flood Insurance Program (NFIP), must regulate development in these floodways to ensure that there are no increases in upstream flood elevations; and WHEREAS, from time to time, the Federal Emergency Management Administration (FEMA) has conducted hydrologic studies and presented the city with necessary changes to the boundaries of the Floodway that may or may not alter the boundaries of the FC-1 Flood Channel Zone; and, WHEREAS, over time, City staff has recognized that certain aspects of Code Chapter 17.30, FC-1, Flood Channel Zone, are not conducive to providing adequate protection from flood damage; and, WHEREAS, fencing in floodways, construction of public transportation structures, construction of barriers, removal or planting of vegetation in floodways, and enforcement and penalties are inadequately addressed in the existing text of the FC-1 Zone; and, WHEREAS, Staff has recommended the attached amendments to the FC-1 Zone; and, WHEREAS, the City of Moab Planning Commission ("Commission") in a public hearing held on March 26, 2015, reviewed the changes to Code text that references the Flood Channel; and, WHEREAS, the Commission found that adoption of the proposed language for the continued participation of the City in the NFIP was a great benefit to the residents of the City of Moab; and, WHEREAS, the Commission favorably recommends the new language to Council for review and approval; and, WHEREAS, City Council reviewed Ordinance #2015-05 in a regularly scheduled meeting held on April 28, 2015, to hear and decide the merits of the proposed changes to Chapter 15.30, Flood Channel Zone, of the Code; and, WHEREAS, Council found on May 12, 2015, that the changes will add to the welfare and safety of the residents and provide greater benefits to the residents of Moab. NOW, THEREFORE, the Moab City Council hereby ordains that Chapter 17.30, FC-1, Flood Channel Zone shall be amended to read as follows: Chapter 17.33 Agenda FC-1 FLOOD CHANNEL ZONE Page 100 of 107 Amended Version July 21, 2015 Sections: 17.33.010 Objectives and characteristics. 17.33.020 Use requirements. 17.33.030 Area, width and location requirements. 17.33.040 Supplementary regulations 17.33.050 Enforcement and Penalties 17.33.010 Objectives and characteristics. The primary purpose of the FC-1 flood channel zone is to facilitate the protection of life and property from damage due to flood events by ensuring that the creek channel and adjacent overbank areas necessary to convey flood flows will be permanently kept free of encroachments. Lands within this zone are characterized by the primary creek channel and adjacent riparian fringes, which are free of buildings, fences, and fill embankments that are likely to be damaged or which will likely cause a restriction to the free flow of floodwaters during recurring floods. (Prior code § 27- 12-1) 17.33.020 Use requirements. OnlyThe following uses shall be permitted in the FC-1 flood channel zone: A. Agricultural uses, farming, truck gardening and the growing of nursery stock; B. Revetments and other flood protection structures; C. Public parks, trails, and open space; D. Public transportation structures if "no rise" can be shown. 17.33.030 Area, width and location requirements. There shall be no regulations pertaining to area, width or location of building requirements in the FC-1 flood channel zone. (Prior code § 27-12-3) 17.33.040 Specific Regulations. The following use regulations shall apply: A. Fences. — Fences will be allowed only if it can be determined through an engineering study that they can satisfy a No -rise (<0.00') in the FEMA and Community BFE. Exception. An engineering study may not be required for fences such as a farm barbed or smooth wire fence that are constructed in a way that the fence will be pushed over or ripped out early in the flood or will swing in the direction of the flood flow. If "water gap" or "flood gate" styles of livestock control are utilized, an engineer shall be consulted for appropriateness of their use. . B. Planting or removal of trees and shrubs. — Deep-rooted vegetation within the flood channel provides critical protection against large scale erosion. However, dense stands of sturdy trees and woody shrubs can also obstruct the free flow of floodwaters. The best situation is scattered native trees with a dense groundcover of native shrubs and grasses that offer minimal resistance to the passage of floodwaters. No existing native vegetation shall be removed and no new trees shall be planted within the floodway without the written approval of the City Floodplain Administrator. For any clearing or revegetation activity, a stabilization plan is required to be submitted to the city for evaluation and approval by City Staff. Agenda . Floodway to be kept clear. — The presence of debris such as fallen trees and tree limbs, Page 101 of 107 Amended Version July 21, 2015 construction materials, vehicles, or similar uses, within the floodway represents a significant hazard to the community as the debris can be transported by the floodwaters and become lodged against one of the several bridge structures. The accumulation of debris or storage of materials is prohibited within the floodway. It shall be the property owner's responsibility to keep the floodway portion of their property free of any such materials. 17.33.050 Procedure, Enforcement and Penalties No structure or land shall hereafter be constructed, altered, converted, or extended without full compliance with the provisions of this chapter and all other applicable regulations. Violations of this chapter by failing to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance through non-compliance with any of its requirements shall upon conviction thereof be fined not more than $ 1,000.00 or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Such associated costs may include attorney fees, all court fees, staff time, and shall include all costs associated with the abatement of the violation. Such costs may include, but are not limited to, removal of all prohibited barriers, structures, or fill. Nothing herein contained shall prevent the City of Moab from taking such other lawful action as is necessary to prevent or remedy any violation. AND, FURTHERMORE, the Moab City Council hereby ordains that Chapter 17.06, Definitions, shall be amended to include the following term: Revetment. A wall or facing of stone, concrete, masonry, wood or other stabilizing material placed on the banks of rivers, streams or levees to protect them from erosion Effective Immediately Upon Passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on , 2015. ATTEST: Rachel Stenta, City Recorder p:\planning department \MI5\ordinances\#20I5-05 version 3 with strikeouts.docx SIGNED: David L. Sakrison, Mayor Agenda Page 102 of 107 Page Holland 1460 Overlook Rd. Moab, UT 84532 Home Phone: 435-259-5478 Cell Page: 801-201-4748 Cell Stan: 435-210-0817 moabpage@citlink.net stan@moabbit.com To: Moab City Council RE: Proposed Ordinance 2015-05 Dear City Council Members, ix .zy zvrS_ Our Family Partnership, SPAN Family Ltd. owns a farm of approximately 32 acres on Millcreek Drive. We actively farm on this property and we have major concerns about the above referenced proposed ordinance. Our farm is in the Moab City limits, it includes approximately 7 acres in the F-1 floodplain of Pack Creek. We have concerns both for our own land and how we use it and also for others in the Moab City Limits who own land in the floodplain We have been working on fencing our property this past few years, and have been working with Don Andrews with the US Department of Agriculture, Natural Resources, Conservation Services, Monticello. He has sent us excerpts from a book on recommended fencing, including a chapter that addresses fioodplains. The book is called "Fencing" and is on its second printing in 1999. The book was developed in partnership with the BLM, The US Forest Service, The US Department of Agriculture, and the Society for Rangeland Management. Four Federal agencies collaborated on best practices to fence all types of terrain that exist under these management agencies. We feel that the City of Moab should reference the "Fencing" publication as a source of approved fencing structures within the floodplain and crossing the flood channel. The book gives clear drawings and descriptions for several types floodway fencing. Barbed wire or wire fencing is sometimes not desirable. In the same way that US Building Codes are commonly adopted by Moab City and Grand County Building Department for best building practices for buildings, this book could be similarly used to give landowners and the planning and zoning department clear guidelines to implement a permitting process. This would help property owners by not forcing them to contract for expensive engineering studies to simply fence boundaries. It is difficult to even find engineers who are experienced with this type of certification. We speak from experience. Section 17.33.020 Use Requirements of the proposed ordinance states that Agricultural Uses is one of the ONLY allowed uses, but the further wording leaves out references to the word "Livestock". In fact, the ordinance this proposes to replace does specify that use. That other agricultural uses are spelled Agenda Page 103 of 107 out, and that livestock is left off is of concern. Far better to be clear in both the underlying zoning allowances and in the floodway overlay so that disagreements don't arise. F-1 Floodplains, as you know, have very limited uses because buildings cannot be built in these areas. It is important to me as a land owner that I am absolutely sure that a future interpretation does not infringe on my ability to use this to graze livestock. The Proposed Ordinance also places burdensome restrictions on removing trees and planting. The work we have been doing these past 6 years to clean up the floodplain with the help of Rim to Rim Restoration would be impossible to do with the new ordinance as written, Our fioodplain property was a huge fire hazard before Rim to Rim came in and helped us remove all the deadfall and invasive species. There are times it would be impossible to NOT remove some of the natives in the course of this work. Without a clear permitting process, this land and others along the creek will revert to a hazard. The "Allowed Uses" of the use requirements also is in conflict with this. How do you plant a truck garden without using non-native species? In closing, I hope that you will not approve this ordinance as written. It is time for the City of Moab to accept help from the several agencies who have offered to come to the table to draft a better ordinance. Landowners should be included. This step would not only satisfy the FEMA guidelines, it would also go far to help the riparian habitat, and help land owners keep their properties safe. Thank you for your public service, and your consideration of our concerns. e (olland Agenda Page 104 of 107 Dave Erley, Moab Area Watershed Partnership Chair P. O. Box 46 Moab, UT 84532 David Sakrison City of Moab, Mayor 217 Center Street Moab, Utah 84532 Moab Area Watershed Partnership Arne Hultquist Southeastern Utah Watershed Coordinator P. O. Box 46 Moab, UT 84532 Subject: Moab Area Watershed Partnerships Comments on Floodway Ordinance Dear Mayor Dave, The Moab Area Watershed Partnership (MAWP) appreciates the opportunity to comment on the City of Moab's (City) proposed Flood Ordinance, (Chapter 17.30 of the City Code). The health of our waters is a principle measure of how we live on the land and the closer the land use the greater the impact on our waters. The foodway and associated riparian zone are critical to supporting water quality, beneficial uses of water, and other environmental goods and services our water bodies provide. The MAWP reviewed the ordinance and ancillary issues at the MAY 20th and July 15th meetings. The attendees at the latter meeting agreed the following comments should be considered by the City. The MAWP found that the Objectives and characteristics section (Section 17.33.010) did not contain language that considered the streams function or private property owner's interests. The MAWP considers the ordinance an excellent place for the City to provide leadership in those categories. The MAWP would like to suggest that some or all of the following wording be considered for this section. The governing body of the City of Moab finds that streams and riparian lands adjacent to streams that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of Moab, consistent with the interest of landowners in making reasonable use of parcels of land that include such designated areas. The purpose of this Ordinance is to provide for land use regulation therein in order to protect streams and other surface water bodies of Moab; to protect the water quality of water courses and other significant water resources in Moab, to Agenda Page 105 of 107 Moab Area Watershed Partnership provide for environmentally sound use of the land resources of Moab, to encourage land uses that promote proper functioning streams, to protect property owners from undesirable losses during flood events, and to complement existing state, regional, county, federal and municipal stream corridor and flood protection and management regulations and initiatives. The specific goals of this Ordinance are to: A. Moab City intends to regulate uses within the FC-1 Floodway in order to restore and maintain the chemical, physical and biological integrity of the water resources of Moab; B. The City will also seek to regulate all uses within the FC-1 Floodway in order to allow streams to convey the 100-year flood without causing a loss of life or property while allowing reasonable uses of the Floodway; C. The City expects practices in accord with this regulation will increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion, channelization, and sedimentation and protecting habitat for the aquatic organisms; D. The City intends to encourage shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a health assemblage of aquatic flora and fauna with this regulation; E. The City also intends to encourage maintenance of base flows in streams and moisture in wetlands and conservation of natural features important to land and water resources, e.g. Headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife and recreation areas. The MAWP also considered appropriate uses within the floodway and which uses should require a permit from the City. The MAWP suggests that several uses could be beneficial to the property owner and the floodway if best management practices were followed. The MAWP thought it would be beneficial if the City were to provide those guidelines on those practices as an appendix to the ordinance and have them available for property owners and other persons proposing actions in the floodway and greater riparian area. With appropriate guidance the MAWP considers the following uses should be allowed within the floodway without a permit. 1: Recreation in areas on public and private parklands 2: Gardens, pastures, and outdoor horticulture 3: Public maintenance of existing streets, bridges, or other similar transportation facilities and/or public utility and storm drainage facilities. 4: Structures intended to divert water for beneficial use provided the water user has a valid water right and applicable State/National permits are acquired. 5: Fences that are constructed of materials and to specifications listed in the appendix. 6: Maintenance of vegetation in the floodway that follows best management practices as noted in the appendix. The MAWP would like to suggest a few references for best management practices (BMPs) in the floodway and fences in the floodway. The NRCS has been putting fences in fl000dways for quite some time now and their Interagency Fencing Guidelines contains several fence types that are appropriate for floodways. There is a long list of sources for BMPs and numerous BMPs for riparian areas. The City might consider a small pamphlet with general guidelines. An example Agenda Page 106 of 107 Moab Area Watershed Partnership would be the pima county riparian health guide. Another more in depth and informative example would be a larger document like the Salt Lake County Stream Health Guide. The city might also consider offering both options. The first would be for the general public and would give property owners a general idea on what practices they could be performing and the larger version would actually tell them how to do it. Although it was not discussed at the meeting we would be surprised if the MAWP was not willing to help develop a riparian best management practices document for the city and/or county. The MAWP believes some uses that may require permanent structures might be allowed by fulfilling stipulations of a permit. Those uses are: 1: Structural stream crossing including recreational trails, and roads provided that any applicable State/National permits are acquired. 2: Storm water lines, public and private drinking water utilities and public utility transmission lines shall be permitted only if there is no practical alternative outside of the Zone and provided that any applicable State/National permits are acquired. 3: Sanitary sewer lines shall be permitted only if there is no practical alternative outside of the Zone and provided that ay applicable State/ National permits are acquired. Furthermore a permit cannot be issued unless the proposed sanitary sewer line will prevent infiltration of flood waters into the system(s) and prevent discharges from the system(s) into flood waters. The MAWP also suggested that the city consider non -conforming structures in this ordinance. The MAWP would like to suggest some wording similar to the following for the ordinance. Nonconforming structures and uses of land within the Riparian Conservation Zone are subject to the following requirements: A: Legally existing but nonconforming structures or uses may be continued. 6: Nonconforming structures or uses are allowed to be repaired, remodeled, or otherwise improved provided the original footprint of the structure or use is not enlarged. The plans for improvements should consider the structures or uses location in the FC-1 Floodway. The MAWP is very appreciative of the opportunity to comment on this ordinance. We hope the City and its residents find our comments relevant and helpful. We also hope to continue working together to develop holistic plans to conserve and enhance water quality and quantity in our watersheds. Thank you for considering our comments. Agenda Page 107 of 107