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PKT-CC-2015-08-18
Moab City Council August 18, 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 70 Agenda Page 2 of 70 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, August 18, 2015 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. CANVASS OF THE MOAB PRIMARY ELECTION The Canvassing of Votes from the Moab City Primary Election held on August 11, 2015. This is for the final audit, including those who voted absent and provisional ballots. 6:40 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 None CITIZENS TO BE HEARD PRESENTATIONS 3-1 Boulder Parr Presentation — Christina Sloan SECTION 4: PROCLAMATIONS None SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) None SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Approval of a Special Event Business License for Moab Century Tour 6-2 Approval of a Special Event Business License for the Back to School Carnival 6-3 Consideration of a Request for a Refund of Fees for the Back to School Carnival SECTION 7: NEW BUSINESS 7-1 Consideration of a Request by Grand County for the Waiver of Building Fees for the Grand County Courthouse, in an amount not to exceed $284.35 7-2 Approval of Proposed Ordinance #2015-07 — An Ordinance Amending The Zoning From R-2 To C-4 On A Portion Of The Wang Organization, Ltd. Property Located At 889 North Main Street And Amending The City Of Moab Official Zone Map Agenda Page 3 of 70 SECTION 8: OLD BUSINESS 8-1 By Request of the Mayor: Re -consideration of a Request of a Refund of Impact Fees for the Housing Authority of Southeastern Utah for the Deer Trail Subdivision 8-2 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 9: MAYOR AND COUNCIL REPORTS SECTION 10: READING OF CORRESPONDENCE SECTION 11: ADMINISTRATIVE REPORTS SECTION 12: REPORT ON CITY/COUNTY COOPERATION SECTION 13: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 4 of 70 MOAB BOULDER PARK PROJECT DESCRIPTION The Moab Boulder Park is an initiative of the Moab Boulder Park Project, a subcommittee of The Friends of Indian Creek, a 501c3 organization. The mission of the Moab Boulder Park Project is to design and install a world -class realistic, nature -inspired, and bike accessible boulder park at Lions Park, Moab's northern gateway. The full project build -out includes 4 large and medium-sized man-made boulders engineered for a great bouldering experience, impact attenuation, and general liability. There will also be several small natural boulders for toddlers and recycled safety surfacing surrounding each boulder. The Moab Boulder Park will be virtually maintenance free with rubberized surfacing and custom - sculpted hand -holds. The City of Moab has pledged land for the Moab Boulder Park at Lions Park, located in the SW corner, nestled in the cottonwoods near the pathway and the river. The City of Moab has also agreed to accept the Moab Boulder Park, liability for it upon installation, and maintenance going forward upon completion. How Does the Boulder Park Benefit Grand County Families, Youth and Children? - Fulfills need for a Playground at Lions Park; o City has no funds for a playground; - Teaches our kids; o Creative thinking; o Problem solving; o Cross -body movement and positioning (important to develop educational skills, like reading, and increase skills in other sports); o Self-reliance and teamwork; o Self-confidence; o Strength; o Physical and mental focus until goal reached; Agenda Page 5 of 70 o Endurance; - Offers our kids opportunities for outside, unstructured play; - Offers additional recreation opportunities to our youth and teenagers in the 12-18 yrs. old range; o Most of the existing municipal resources target kids 12 yrs. and under; - Support diversification of park/playground opportunities; - Enhances Northern Recreation Corridor; o According to Moab Trails Alliance, there have been 195,000 single -use trips clocked on the pathway (just before intersection with CR 128) from April 22 to October 9, 2014; ■ Many if not a majority of those trips are assumed to be by locals; o Dream it, and our community will use it; ■ Northern Recreation Corridor is a high use recreation area; - Because it is free, accessible by bike and car, and requires no gear, it offers an opportunity to take advantage of the benefits of bouldering that many families otherwise would not be exposed to; o Beacon After School Program, the Multicultural Center, and Grand Area Mentoring have all pledged their support and interest in the Boulder Park. Why Do We Need a Boulder Park When We Have Lots of Climbing In the Area? Area rock climbing areas can be dangerous for kids and youth, because they are located: o Near busy roadways (Potash Road, also known as Wall Street); o On steep slopes with cliffs; o At the top of loose/long hikes; o At the base of tall and soft rock susceptible to rock fall; o In narrow canyons with limited seasons (Big Bend Bouldering); or o Far from town (Big Bend Bouldering); - The Moab Boulder Park is a playground that appeals to families, youth, and kids — its purpose is separate and distinct from climbing at a cliff; o Opportunity to learn to climb for kids, families, and people not otherwise exposed to climbing; o Approachable, park setting; o Free! o Doesn't require gear (shoes/ropes/gear, etc.); o Entertains the kids while families enjoy picnicking at Lions Park. Agenda Page 6 of 70 Why Do We Need Manufactured Rocks When We Have Natural Boulders We Could Use? Financially infeasible; o Requires large equipment we don't have locally; o Requires existing and good roadways to access the boulders; o Prior City Engineer (Rebecca Andrus) estimated that the cost to move many -ton natural boulders would be as much as purchasing manufactured rock; - Not all boulders are good for bouldering; o Natural boulders that offer a fun bouldering experience are actually unusual; ■ Of all our rock in the area, the only popular bouldering area is Big Bend; ■ Chipping natural boulders to create holds creates liability for the City; ■ Modifying natural boulders by screwing on holds creates maintenance issue for the City; o Sandstone, in particular, does not lend itself to good bouldering because there are few features on the rock itself; ■ Natural features on sandstone tend to chip or erode with use; o Good boulders near roadways are mostly located on federal land and are already popular; ■ Federal agencies would not permit us to move popular bouldering rocks; Engineered rocks best for playground use; o Engineered for falls and liability; ■ Manufacturer certifies and guarantees use/fall zones required around each boulder; o Certified and guaranteed to comply with ASTM Playground Standards, which the City of Moab must meet for facilities in its parks; o All holds will be custom -sculpted (no screw on holds) and virtually maintenance free; Bottom line: The City of Moab will only accept the project and its liability if the rocks are manufactured. Increasing Popularity of Bouldering and Boulder Parks: According to the New York Times, bouldering is one of the fastest growing sports in the country. It has become so popular that it is on the short list of sports being considered for the 2020 Olympics. Boulder parks are increasingly popular and common across the country, the large majority of which are located in municipal parks allowing folks to learn to climb or train in a safe, playground setting. Agenda Page 7 of 70 A few examples of boulder parks across the country: WEST VIRGINIA: Summit Bechtel Reserve Agenda COLORADO: Telluride Mountain Village OKLAHOMA: Skiatook Oklahoma Park WYOMING: Jackson Hole Snow King Page 8 of 70 NEW YORK CITY: NYC Pier 25 Park COLORADO: Colorado State University COLORADO: Aspen Wagner Park m Al ARCHITECTURAL SITE PLAN UNE. WES m=. ®.�' Q SOT PUN KEYNOTES MOAB vxx N 14kRa MEAD V. ma. 1,111 ARCHITECTURAL SITE PLAN d DETAILS AS100 Agenda Page 9 of 70 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 July 1, 2014 Christina Sloan Moab Boulder Park Project 76 S. Main Street, Suite 1 Moab, UT 84532 Re. Letter of Intent, Support for the Moab Boulder Park Dear Christina, Mayor: Cou ncilt David L. Sakrison Kyle Bailey Heila Ershadi Doug McElhaney Kirstin Peterson Gregg W. Stucki This Letter of Intent memorializes the City of Moab's support for a realistic, nature -inspired manufactured Boulder Park, designed and installed by the Moab Boulder Park Project. The City of Moab desires to cooperate with the Moab Boulder Park Project and its fiscal sponsor, the Friends of Indian Creek, a Utah non-profit corporation, to help bring this project to fruition. Once the Project is funded, the City will dedicate space, as described below, and staff time, as necessary to help develop the Project. Once the Project is complete and installed, the City agrees to accept the dedication of the Project and to maintain the same. The City of Moab supports development of approximately 8,500 square feet of space within Lions Park for the Moab Boulder Park, with specifics for the particular location for the Boulder Park to be determined in the course of the design of Lions Park, and subject to a future Interlocal Agreement with Grand County and Lease Agreements with the Utah Department of Transportation regarding Lions Park. If Lions Park is ultimately found unsuitable for the Boulder Park, the City will work with Friends of Indian Creek to place the Boulder Park on City owned or managed land once the Project is funded. Sincerely, Donna Metz City Manager' First EPA Green Power Community in the Nation Agenda Page 10 of 70 GRAND COUNTY COUNCIL. MEMBERS Elizabeth A. Tubbs (Chair) • Chris Baird (Vice Chair) Ken Ballantyne • Jaylyn Hawks • A. Lynn Jackson Mary McGann • Rory Paxman July 7, 2015 Office of Outdoor Recreation Governor's Office of Economic Development 60 East South Temple, 3rd Floor Salt Lake City, UT 84111 Re. Letter of Support for the Moab Boulder Park'sApplication to the Waypoint Grant Program Dear Office of Outdoor Recreation, The Grand County Council recognizes the importance of diverse recreational opportunities, both for providing additional recreational experience for our residents and fostering economic development generally. Accordingly, the Grand County Council is pleased to support the application to the Waypoint Grant Program submitted by the Moab Boulder Park Project, a subcommittee of the Friends of Indian Creek, a 501(c)(3) organization ("Moab Boulder Park"). The stated purpose of the grant is to install a world -class realistic, nature -inspired, and bike accessible boulder park at Lions Park. If the grant is awarded, the Grand County Council supports the completion of the Moab Boulder Park at Lions Park. The Grand County Council acknowledges that the Moab Boulder Park, as Applicant, is responsible for providing matching funds shown in its budget. The Moab Boulder Park, not the County, must either appropriate or secure the necessary matching funds to complete the project as presented in the application. Similarly, if the grant is awarded, the Moab Boulder Park is responsible for the expenditure of funds required to meet the terms and obligations of the grant agreement and application. The City of Moab, pursuant to a Letter of Intent dated July 1, 2014, has agreed to be responsible for properly maintaining the project after completion. According to the City of Moab's construction plans for the Lions Park redevelopment, the Moab Boulder Park Project is planned for the southwest corner of Lions Park, which real property is owned by the City of Moab. The Lions Park redevelopment project is a joint project of the City of Moab and Grand County. It is a public park with public access provided to it. Sincerely, ai/a Eliz th. A. Tubbs, Chair Grand County Council Council's Office • 125 E. Center St. • Moab, UT 84532 • (435) 259-1346 • www.grandcountyutab.net Agenda Page 11 of 70 GOVERNOR'S OFFICE OF OUTDOOR RECREATION WAYPOINT GRANT Support from County Instructions The Utah Waypoint recreational infrastructure grant program (Waypoint) requires a signed Letter of Support from the county in which the recreation infrastructure is located (e.g. county council or county commission). This is to insure that the county is aware of and supports the application and recognizes the financial and other obligations the grant creates. If applicable, your application must also include a signed letter of support from the governing body with primary jurisdiction, besides the county (e.g. city/town council, special district board of directors). The letter(s) of support must include: Support for Proposed Project: A statement expressing the governing body's support for the grant application and if awarded, support for completion of the project. Recognition of the Need to Provide Matching Funds: Acknowledge that the applicant is responsible for providing the matching funds shown in the budget and must either appropriate or secure the necessary matching funds to complete the project as presented in the application. If the grant is awarded, the applicant is responsible for the expenditure of funds required to meet the terms and obligations of the grant agreement and application. Maintenance Capability: A statement verifying that the proposed project will be properly maintained after completion. If the county is not going to be responsible for maintenance, an estimate of the annual maintenance cost from the entity responsible for maintaining the project must be included. Status of Property: A statement verifying that the property being used for the proposed project will be under control of the applicant or project partner for at least 10 years. Once the grant is approved, a contract to this effect will have to be signed. Assured Public Access Waypoint recreation infrastructure projects are funded by public dollars, so each applicant and project partner must guarantee that public access will be provided to the project site. Clear rules and regulations must be made available to the public for that access. Economic Development: The county or city economic development director should also send a letter of support. The statement must include an assertion of how the project will increased visitation to the area and/or the ability to attract growth and retention in the community/area. Other projected economic factors that may be included are the potential project's impact on retain local businesses or helping to attract new business. (The project should fit the qualifications of Utah Section 63N-3-109.) Grant Agreement: If the county is an official partner, the application requires a statement that authorizes a designated official to sign the grant contract with the Utah Governor's Office of Economic Development if the grant is awarded. Agenda Page 12 of 70 f AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 18, 2015 / / Agenda. ltem #: 6-1 STrelit' MOAB [Title: Approval of Special Event Licenses for Moab Century Tour Fiscal Impact: Law enforcement services are needed to support this event. However, additional staffing beyond normally scheduled staff is not needed. Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Administration/Special Events Applicant: Beth Logan, Skinny Tire Festivals LLC Background/Summary: The City Special Events Committee has reviewed the Special Event Business Licenses for the Moab Century Tour. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The event organizers are coordinating with City and County Public Safety Departments to address all logistical issues. These events have been conducted successfully for numerous years. These events bring many visitors to our community. The Special Events Committee recommends approval of the Special Business Event License Application for the The Moab Century Tour. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends approval of all items. Recommended Motion: "I move to approve (insert name of agenda item)." Attachment(s): Special Business Event License Applications 1 Agenda Page 13 of 70 DATE PAID: AMOUNT PAID: RECEIPT No.. ic,9no a 151 Z,5 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 l FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): CI TRANSIENT ($90). OR $200.00 E]( CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) 00 TOTAL FEES: (.1rS.____ LICENSE ##: ZONE: go NAME OF EVENT: MOAB CENTURY TOUR - ROAD CYCLING EVENT DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: SUPPORTED ROAD CYCLING EVENT ON AREA ROADS BENEFITTING THE MOAB CANCER TREATMENT CENTER ARCHWAY INN HOTEL IS THE START/FINISH OF RIDE ARCHWAY INN HOTEL, AREA ROADWAYS AND BIKE PATHS TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: POP UP TENTS AT SIX AID STATIONS, ROAD SIGNS INDICATING DIRECTION OF TRAVEL SEPTEMBER19,2015,7AM-5PM ANTICIPATED # OF EVENT PARTICIPANTS: 500 NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: NIA ZERO EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): ADMISSION FEES EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: SKINNY TIRE EVENTS, LLC PO Box 934 SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: CfTY: MOAB PHONE: 435.260.8889 STATE: UTAH LIP: 84532 SPONSOR'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP X PARTNERSHIP © CORPORATION OOTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #: N/A NAME REGISTERED WITH THE STATE FOR TAX ID: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IANE MARY ELIZABETH LOGAN HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NN.1E(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOINVE AG R TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. %ld3 U �C� e Signature of Sponsor State of Utah SS County of Grand GCS SUBCRIBED AND SWORN to before me this Z17 day of 3uU V t5 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! JAMIE HULCE Notary Public ` State of Utah ' Comm. No. 662071 M My Comm. Expires Feb 2, 2017 Agenda Page 14 of 70 ATTACH UST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS OF APPUCABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Skinny Tire Events, LLC for Moab Century Tour, Skinny Tire Festival, and Moonshadows in Moab operate under the license of Skinny Tire Events. Event grounds is on private property in back of Archway Inn Hotel; it is same site layout as in past. LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda Page 15 of 70 02%01/05 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY �- PARKING: �i (1 O j 1 a6 MOAB CITY CODE: n • 01 • �ip� O SIGN PERMIT: r M) 112t MOVED -ON NECESSARY: n YES NO REQUIRES PLANNING COMMISSION APPROVAL o YES #N0 REVIEWED BY ZONING ADMINISTRATOR: DATE: IGPW1W1E . F NAME OF APPLICANT: - A 1 ' 1' "i'D PHoNL: a `-Y o Fr me( : -YJ STATE: ( "r ZIP: D ` APPLICANT'S MAILING ADDRESS: 6 � V` CITY: �- ? NAME OF EVENT: MD •_" � lj c,CJ f,-1 n,4. l.y LOCATION OF EVENT: /SS 2 CIN (»Ali l "' kj ZONE: S3F-C1Al, DETAILED DESCRIPTION OF SPECIAL EVENT: U o-(t 0 U 8 r1 C,-e(2- j f 2-8Ya1/4 . Yl � 06/I6/05 Agenda Page 16 of 70 AID. J Rivers! 5• ` ni orr� r ))MCMIB [ CERITURY TDI1R �zvzs( .err c�,r1 in DEAD HORSE POINT STATE PARK DEAD; ORSE AID POINT & Turnaround 4 y. 4 Corona Archi .Y `r�OAID & Turnaround 8 304R F START/FINISH Aarcnway Inn Blue Heron Rookery eY) yty Colorado River 60 mile Just the Moab Canyon 100 mile Moab Canyon Century 40 mile Rolling Down the River Cruise Highway Agenda Page 17 of 70 60 mile Just the Moab Canyon ) 1 100 mile Moab 1 Canyon Century 140 mile Rolling Down the River Cruise FEET 6,200 5,800 5,400 4,800 4,400 4,000 ST, FEET 6,200 5,800 5,400 4,800 4,400 4,000 FEET 6,000 JUD0 MO nrmamuad O OJUD JUDO Gan ART 10 20 30 40 50 61 MILES FINISH 0 JUDO an.a D O e OJUD JUDO OMD AM• Nmamund O F I I ART 10 1 20 I 30 1 40 I 50 I 60 1 70 1 80 I 90 1 100 MILES AID & 5,500 Thrnaround 5,000 4,500 FINISH 4,000 1 1 1 1 1 I 1 I START 10 20 30 40 50 60 70 80 MILES NISH 105 Agenda Page 18 of 70 / AGENDA SUMMARY MOAB CITY COUNCIL MEETING August 18, 2015 Agenda item #: 6-2 / Title: Approval of a Special Business Event License for Grand County Family Support Center and Grand County Prevention of Child Abuse to Conduct a Back to School Carnival on August 22, 2015 at Rotary Park Fiscal Impact: This event creates no significant impacts on the City's fiscal situation Staff Presenter(s): Rachel Stenta, City Recorder/Assistant City Manager Department: Administration/Special Events Applicant: Grand County Family Support Center and Grand County Prevention of Child Abuse Background/Summary: The Back to School Carnival is a recurring event. The event is small in scale and there have been no issues with the event in the past. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license as submitted. Recommended Motions: "I move to approve the Special Business Event License for the Grand County Family Support Center and Grand County Prevention of Child Abuse to Conduct a Back to School Carnival on August 22, 2015 at Rotary Park." Attachment(s): Application materials 1 Agenda Page 19 of 70 DATE PAID: AMOUNT PAID: RECEIPT NO.: '2 I S f g l `' o CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH $4532 (435) 259-5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT ($90): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 �oo� NAME OF EVENT: DESCRIPTION OF EVENT: �'� �(� t �} ti(\ ► t1 t � C�(t� qo kke p 6' Q k (\ `�Ql� �� ��. h �� Now_ LOCATION OF EVENT: �0 1. �'�-ci,hJ PREMISES TO BE USED: { Z Y� PC, —� S ,� 4 } TEMPORARY STRUCTURES TO BE USED (IF ANY), C( j�VAr) � \ rFC�1 Y1.S -VS .1 , -TC.00 % ust- �a 1 Jo t DATE(S) AND TIMES) OF EVENT: Sck-k-u�� ANTICIPATED # OF EVENT PARTICIPANTS: NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: (-A-A..4, r h Ems(\ -Q ncA S-e'ethn,;n , fur CDC ae_r�� 'Ku R-ura‘ t ��4er Care EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADDMMI'+SSION CHARGES, BOOTH FEES, RENTAL C�a�C CHARGES, ETC.):Q� ��` ks1 Via(e. PCB EVENT SPONSOR'S NAME: G lecj nc , C u \ l--eut i1ir Chg.. t* Y.3u. Q� /vk Q rtA Y� I L ti PHONE: aSet � 10a- J v @ le° C* n � Y CITY: \ " 1Q a. b STATE: (Ai- ZIP: f ` SPONSOR'S ADDRESS: v`� g �� (F s LO • -ZOO SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION OTHER (SPECIFY): l V CM\ - AME REGISTERED W(�ITH THE STATE FOR TAX ID: 1` ' e_veP 7 \A-- EVENT SPONSOR'S SALES TAX ID DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. l" 1 INVE _�s• 'ti FLEA PRiNT NAME BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY �gnatur©a pansor �o�'� State of Utah ) SS County of Grand ) S SUBCRIBED AND SWORN t0 before me this DI day of �c t y oZ0 j JENNIE ROSS Notary Public State of Utah }Comm. No. 661521 t My Comm Expires Dec 1S, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! NOTARY P 1 LIC r 2-5 1� Dale Agenda Page 20 of 70 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: Agenda Page 21 of 70 07,01 05 SPECIAL BUSINESS EVENT LIST OF VENDORS MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the stare; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. l 4-‘\ Y\ v\_U .%' NAME OF EVEPET: 4-0SC VN00 1 Cap kr•\ v 0.1 DATE(S) OF EVENT: 5usir oC Doi s— OWNER'S NAME, ADDRESS, PHONE # ITEMS TO 8E SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID BUSINESS NAME �__ r __ •• 1 \1-et.\dccs L1/4-) \ 0 v1 - Q {r (S-1"\-- 0 t C_Lr\- , IA S _t S eN.1.'eS) R . N0 _, I ______,- s po..__E `_ e L�-.�- 09/08/03 Page 22 of 70 " 9 1 . 1 $ 1 ` i E S S { S A M E O W N E R ' S N A M E , A D D R E S S , P H O N E . 4 I T E M S T O 8 E S O L D T E M P O R A R Y S A L E S T A X L I C E N S E N O J S A L E S T A X j p 0 r - 0 C O N a ) ( 6 d C U c a ) c p 9 5 r 0 9 / 0 8 / 0 3 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: x MOAB CITY CODE: C ZZ 0 SIGN PERMIT: f MOVED -ON NECESSARY: Q YES fri NO REQUIRES PLANNING �� 'COMMISSION APPROVAL � YES E NO REVIEWED BY ZONING ADMINISTRATOR: DATE: 1 ' `2) I - NAME OF APPLICANT: G ar\ Coo n�Yceu�n efeh�ta. �br�� arzd C©u n-J a m i 4� SupFc {- Ce,nieirPNONE: 35 : 2,5q I(v5� APPLICANT'S MAILING ADDRESS: 1 a-S LI3 • D-0d R,gk- CITY: Mn Qb STATE: U-t • ZIP; \-R k NAME OF EVENT: CA_ vr,S)--_ Qt 5 � [ 71\Aon 1%-(2— LOCATION OF EVENT: S r, ,rr-yL G.., ‹,\00 U-P_ ZONE: r,_ - +�,pp C (c.() e. U•e i\-k- SCSi-vdt.-) 1 DETAILED DESCRIPTION OF SPECIAL EVENT: 1-14".. ! ,T`v..t.l� ie-Q..ek -.\--0 each I 0(14.0,„ \•-k-A-at �Q n� C c- Xr" 11 C tryui)-.1 � am. ��s-A--= Agenda Page 24 of 70 06/16/0.5 Family Support Center At The Christmas Box House July 27, 2015 Dear Moab City Council Members; The Back to School Carnival has entered into it's 17th annual year of providing a fun filled day for families with young children to come out and spend a day participating in playing games, cake walks, dancing, a silent auction, meeting other agencies througout Moab, food and prizes for all. Other agencies participate to bring about awareness of their services to the community. Grand County Prevent Child Abuse along with the Grand County Family Support Center @ The Christmas Box House support in conjunction with each other this event. However, any and all donations earned during the Back to School Carnival goes directly to Grand County Prevent Child Abuse -team to use for their funding at the annual Halloween Carnival and the annual Make One Take One at Christmas time. At no time is there a profit made to any one individual organization or agency. There are no vendors and all the food, toys, and prizes are from donations from business's and private individuals from around the community. We are requesting from the City of Moab a possible re-imbursement check back for $275.00 for the cost of the Special Event fee and the Park Reservation fee. The check would need to be made out to the Grand County Family Support Center. Any consideration in this matter is greatly appreciated! Thank You. Sherilyn Sowell/Director S Grand County i5`amily Support Center @ The Christmas Box House Agenda Page 25 of 70 City of Moab City Council Policy Regarding the Consideration of Fee Waiver Requests It is the general policy of the Moab City Council to not consider requests for fee waivers for city programs, services, permits and licenses. Further, the City Council has determined that exceptions to this general policy may be made at the sole discretion of the City Council, subject to certain conditions, as follows: as c a) Q 1. Requests for an exception to the fee waiver policy shall be made in writing at one month prior to the event or service for which the fee is charged. Such requests shall be submitted to the City Recorder's Office. If this timeframe is not met, the fee shall be paid in full, and the request will be considered as a request for a refund rather than a waiver. 2. The following fees are not subject to an exception under this policy: a. Fees related to public works, including but not limited to water and sewer fees, water and sewer impact fees, storm water drainage fees and solid waste fees. b. Fees related to planning and zoning, including but not limited to subdivision fees, annexation fees and permit fees. c. Fees related to recreation programs and services. d. Fees related to law enforcement, with the exception of traffic control and security fees associated with a special event. e. Fees related to alcohol. f. Other fees not provided for in this policy. 3. The City Council may consider an exception to the fee waiver policy for special -event - related fees, including special event permit fees, special event business license fees, park use permit fees, banner fees, and traffic control fees and security fees, if the organization requesting the exception meets at least one of the following criteria: a. The event, as its main function, is a fundraiser for a charitable organization that provides services to Moab residents. b. The organization sponsoring the event has in the past made and commits to continue to make in the future, a financial donation to the City that covers all or a portion of the costs associated with the event for which the organization is seeking an exception. c. The event organizer is a governmental entity. d. The event's primary purpose is to provide a school program or to benefit a school or school program. e. The primary purpose of the event is to provide a community -wide celebration or program that is offered free of charge to community members. f. The event is one that has been provided by the City in the past. 4. The City Council may consider an exception to the fee waiver policy for building permit fees only for requests made by Grand County or the City of Moab for county or city -owned facilities. Page 26 of 70 To whom it may concern: I am doing an ADA project on the Grand County Courthouse and I am asking if there is the possibility that the building inspectors fees could be waved on this project. The total cost of the fees for inspections on the Courthouse comes to the amount of $284.35. These improvements on the Courthouse will greatly improve the entrances for all folks trying to gain access to our Facilities. I do appreciate all the help that you are willing to offer. Sincerely Marvin L. Day. 7 Grand Coun Facilities Supervisor Agenda Page 27 of 70 Zfral Plan i ettivrd BUILDING PERMIT APPLICATION CITY OF MOAB - GRAND COUNTY, UTAH 125 E CENTER ST • MOAB, UT 84532 CALL 435-259-4134 TO SCHEDULE INSPECTIONS ❑ Electronic Plans Submitted ❑ COMcheck Emailed ❑ REScheck Emailed ❑ Load Calcs Emailed oti OF Yrr ..,.:1...::. MOAB Building Address Receipt Number Date Issued Permit Number Subdivision (notrequired) ❑ City ❑ County ❑ Castle Valley Utah State # GRA Assessor's Parcel # El Residential CI Commercial Valuation $ rr W Name Building SF Building Fees $ � d/-- }\ � 0 v Mail Address Rough Basement SF Plan Check Fees � $ 9 7 (9 b O ,'i; City/State/ZIP Finish Basement SF Impact Fee $ � Email Covered Patio/Deck SF State 1% Fee $ 2 3 S a Phone Garage/Carport SF Deferred Plan Review $ cc Name Type of Construction investigation $ 0 t Mail Address Occupancy Group Demo $ Z Phone Cell Number of Buildings ble no Re p $ 0 u J cc Email Number of Dwellings $ cc z Utah State Contractor's License # Number of Stones $ W co Utah Municipality Business License # Number of Bedrooms $ z 0 Name Number of Bathrooms Reinspection Fee $ ¢ Mail Address Max Occupancy Load $ cc Phone Ceil Fire Sprinkler ❑Yes ❑ No TOTAL FEES $ Z 9 / 7J Li Email BRIEF DESCRIPTION OF BUILDING PROJECT : U Utah State Contractor's License # W W Utah Municipality Business License # z Name CULINARY WATER 0 Well Q Utility O 4 Mail Address SEWAGE ❑Septic Tank ❑Sewer ❑Other cc z 0 Phone Cell FLOOD PLAIN STATUS Elevation Certification z Email FIRE DEPARTMENT {REQUIRED FOR ALL COMMERCIAL APPLICATION51 Approved by Date m � Utah State Contractor's License # 3 ii Utah Municipality Business License # FLOOD PLAIN PERMIT Approved by Date g Name gg Mail Address MOAB CITY PUBLIC WORKS Approved by Date 1- 0 Phone Cell 8 Email GRAND WATER AND SEWER SERVICE AGENCY Approved by Date cc Utah State Contractor's License # v L Utah Municipality Business License tt ZONING ADMINISTRATION Approved by Date LIST ALL ADDITIONAL CONTRACTORS/ARCHITECTS/ENGINEERS ON THE BACK OF THIS FORM HEALTH DEPARTMENT Approved by Date Type of Improvement/Kind of Construction ❑ Sign ❑ Build ❑ Remodel ❑ Addition ❑ Repair ❑ Move ❑Convert Use ❑ Demolish BUILDING DEPARTMENT Approved by Date Number of off-street parking spaces: Covered Uncovered _ Minimum Setbacks in Feet I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with ail City and/or County Ordinances and State Laws regulating building construction, zoning, and sanitation. Front Side Side Rear Date 20 Agenda a Plan ❑Submitted El N/A Signature of Permittee/Owner 2 64alsre of Contractor NOTE 24 HOURS NOTICE IS REQUIRED FOR ALL INSPECTIONS Page AGENDA SUMMARY MOAB CITY COUNCIL MEETING AUGUST A, 2015 rY v # A►� . ` MOAB PL-15-43 Agenda ltem #: 7-2 Title: Adoption of Ordinance #2oi5-o7 Approving a Zoning Map Amendment for Property Located at 889 North Main Street from R-2 to C-4 as Referred to Council by the Planning and Zoning Commission Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant: Christina Sloan, Attorney, acting for the Wang Organization, Ltd Background/Summary: This application was tabled at the June 23, 2015, meeting of the City Council based on a request for a legal review of the application. The applicant has requested a zoning amendment for a 3.1 acre portion of a 4.4 acre parcel located at 889 North Main Street. This parcel is situated south of the Super 8 Motel and is split zoned between R-2 (Single Family and Two Family Residential) and C-4 (General Commercial). The C-4 commercial zoning extends approximately 25 feet into the north portion of the subject parcel. In compliance with comments from the city council, the applicant is proposing to set aside the westernmost 1.3 acres of the parcel to provide a buffer for the residential uses adjacent to and on the west side of the 50-70 feet width of the 500 West Street right-of-way. The 1.3 acres will be used for residential development at a later date. All of the property is currently undeveloped and, in spite of the residential zoning, the entire parcel has been classified and taxed as "commercial" by the county for over two decades. The attached narrative from the applicant addresses the review criteria from MMC 17.04, Zoning Map Amendments and Text Amendments, for rezoning of the property. On May 14, 2015, the Planning and Zoning Commission held a public hearing on the zone amendment application to hear comments from the public. Subsequent to the hearing, the commission held a vote to send the application with an unfavorable recommendation to council. The 2-2 vote killed the action. Two of the commissioners felt that the findings in the draft Planning Resolution #05-2015 were correct: A. The existing zone for the property was adopted in error, B. Changes in the area have occurred including new growth trends and a need for development transitions, C. The proposed zoning classification is compatible with the majority of surrounding uses and any impacts from development can be mitigated, D. Adequate facilities are available to serve the type and scope of development suggested by the proposed zoning classification, E. The residential uses to the west will be buffered from the commercial development, and F. The application conforms to provisions of the Moab General Plan and the Land Use Code Agenda Page 29 of 70 Page z of 3 Moab City Council PL-i5-z9 Wang Organization, Ltd. Zoning Map Amendment Rz to Cq 889 North Main Street August 28, 2025 One felt that the zoning was not adopted in error; that the changes on Main Street were too far removed from the property; and the proposed zoning classification was compatible with some, but not a majority, of the surrounding uses. The fourth commissioner felt that the need for "affordable housing" outweighed any of the arguments of the applicant. Six citizens, representing 5 households, spoke at the meeting. One was in favor, one did not care one way or the other, and the remaining speakers were opposed. Several letters in support and some in opposition to the application were received and they are included for your review. Some of the comments and concerns are addressed in the attached technical review. Options: Council can: 1. Vote to adopt Ordinance #2015-07 and approve the zone change, with reasons, and amend the Official Zoning map; 2. Vote to not adopt Ordinance #2015-07, stating the reasons, and deny the zone change; Staff Recommendation: Based on the comments of Council to establish a buffer and the willingness of the applicant to address the issues, staff recommends approval of the application to rezone the eastern 3.1 acres of the subject parcel to C-4. Possible Motion: I move to adopt Ordinance #2015-07 approving the request for a change in the zoning of the 3.1 acre eastern portion of the property located at 889 North Main Street from R-2 to C- 4 with the condition that the applicant shall submit a subdivision plat to create the second 1.3-acre lot that will remain zoned R-2. Attachment(s): Draft Ordinance #2015-07 Narrative Supporting Documents Aerial with Zoning Location and Zoning Map Pictures MMC Section 17.04, Zoning Map Amendments and Text Amendments Technical Review Letters received from residents Update: Agenda Page 30 of 70 Page 3 of 3 Moab City Council PL-i5-z9 Wang Organization, Ltd. Zoning Map Amendment R2 to C4 889 North Main Street August 18, 2015 Based on the comments from the residents attending the planning commission meeting, the property owner has taken the following steps: 1. The first phase of clean-up of the property was completed June 12 by Moab Landscape Maintenance. Weeds were hand -pulled and 30 cubic yards of debris was hauled away. A second clean-up is planned for this month. 2. Three signs were installed on Friday, June 12 at the entrance off Main Street into the vacant lot and a second entrance to the south was barricaded with a "Do Not Enter" sign and a row of rocks. "No Camping and No Trespassing" signs with "Parking for Super 8 Motel Guests Only" were installed directly west of where the entrance pavement ends. (See attached pictures.) 3. The Super 8 Motel management has been directed to not allow any public use of this lot except overflow parking. 4. The Wang Organization is researching the best downcast lighting for the south and west sides of the Super 8 Motel. These should be installed this summer — or at the time the facilities expansion is built at the latest (since the same downcast lighting will be installed on the facilities expansion once approved/built). p:\planning department \2015\correspondence \p1-15-43 cc wang rezone decision.docx Agenda Page 31 of 70 ORDINANCE #2015-07 AN ORDINANCE AMENDING THE ZONING FROM R-2 TO C-4 ON A PORTION OF THE WANG ORGANIZATION, LTD. PROPERTY LOCATED AT 889 NORTH MAIN STREET AND AMENDING THE CITY OF MOAB OFFICIAL ZONE MAP WHEREAS, Ms. Christina Sloan, Esq., with offices at 76 South Main Street, Moab, Utah 84532, as the representative for the Wang Organization, Ltd., the Owner of Record, with offices at 168 East Center Street, Moab, Utah 84532, has applied to rezone an approximate 3.1-acre portion of the property owned by the Wang Organization, Ltd, and located at 889 North Main Street, Moab, Utah; and WHEREAS, through no action of the Wang Corporation, the property was split zoned with the commercial zoning extending south into the parcel a distance of approximately twenty-five feet; and WHEREAS, Owner wishes to amend the zoning of the subject property from R-2, Single Family and Two Family Residential Zone, to C-4, General Commercial Zone; and WHEREAS, Owner is requesting a change in zoning for the property as logical and justifiable; and WHEREAS, the Planning Commission ("Commission") held a duly advertised public hearing on May 14, 2015 to receive comment and determine the appropriateness of the proposed Map Amendment; and WHEREAS, the Commission reviewed the character, objectives, and Use Regulations of the R-2 and C-4 zones and discussed the suitability of the C-4 application to the subject property in accordance with Code Section 17.04.060, Map amendment approval criteria, could not reach a consensus; and WHEREAS, subsequently, the Commission voted on a motion to send the application to Council with a recommendation to deny but the motion died due to a 2-2 tie vote and no recommendation is being offered by the Commission; and WHEREAS, Council, in a public meeting held on June 23, 2015 voted to approve the request and found that the request complies with the criteria in Chapter 17.04 and determined that the change in zoning was in agreement with the Moab Municipal Code and the General Plan: 1. The character of the area has changed and will continue to change; 2. The proposed zoning classification is compatible with many of the surrounding uses; 3. Adverse impacts to the residential uses will be met through a 1.34-acre buffer on the west side of the property and buffering along the south side when development occurs on the property; 4. Adequate facilities are available to serve development for the type and scope of development suggested by the proposed zoning classification; G. The application conforms to the provisions of the Moab General Plan and the Land Use Code. NOW, THEREFORE, BE IT ORDINAINED by the City of Moab, that effective upon the signing of this Ordinance, the rezoning request for 889 North Main Street as submitted by the Wang Organization, Ltd., is hereby approved and Council directs staff to amend the Official Zoning Map for the City of Moab. Passed and adopted by action of the Governing Body of the City of Moab in open session this 18t'` day of August, 2015. Agenda Page 32 of 70 City of Moab Mayor David L. Sakrison Attest: Rachel Stenta City Recorder p:\planning department\2015\ordinances 42015-02 wang rezone.docx Agenda Page 33 of 70 City of Moab Planning Department Interoffice Correspondence PL-15-30 TECHNICAL REVIEW MEMORANDUM Request to Rezone Property Located at 889 North Main Street For Presentation: June 23, 2015, Meeting of the Moab City Council Date Prepared: June 16, 2015 Prepared By: Jeff Reinhart, Planner Subdivision: N/A Name and Address of the Owner(s) of Record: Wang Organization, Ltd. 168 East Center Street Moab, Utah 84532 Name and Address of Representatives: Christina Sloan, Esq. 76 South Main Street Moab, Utah 84532 Summary of Significant Issues 1. The City Council must determine if the application to rezone is compatible with the surrounding zoning and if adequate measures are proposed to mitigate any readily identifiable impacts. 2. The City Council must determine if the proposed lodging accessory uses agree with the surrounding uses and aspects of the General Plan. 3. The City Council must evaluate the impacts of traffic from the proposed commercial and residential development on existing streets. Base Information Size and Location: The property is 4.4 acres in size and is located south of the Super 8, adjacent to and east of 500 West Street, adjacent to and west of North Main Street and is 135 feet north of Marcus Court. The surrounding land uses include the Super 8 Hotel, Denny's, Raven's Rim Zip Line, Riverside Inn, and Sunset Grill. Except for the frontage of one residential lot that is adjacent to Main Street, but fronts on the cul-de-sac in Marcus Court, the property is adjacent to the C-4 Zone and in close proximity to the C-1 commercial zone to the southeast. Single-family residential uses in an R-2 Zone are adjacent to the property along the south boundary. These dwellings are currently buffered by a Moab Irrigation Company easement of about twenty feet and a row of trees that was planted by the applicant quite some time ago. Residential uses, also in the R-2 Zone, are located to the west across the 50-70 foot right-of-way width of 500 West. Agenda Page 34 of 70 P&Z - TECHNICAL REVIEW Wang Organization, Ltd. Zoning Amendment June 16, 2015 PL-15-30 Page 2 Legal Description for the 4.4 acre parcel: Beginning at a point 39.8 feet East of the W4Corner of Section 36, Township 25 South, Range 21 East, Salt Lake Meridian; Running thence North 0°43' East 181.8 feet; thence North 90° 56'30" East 588.6 feet to Highway Right of Way; thence South 44°05' East 372.8 feet the Northeast Corner of Lot 8, Block B, UTEX SUBDIVISION, Plat "A" (before amendment); thence South 89°56'30" West 847.997 feet; thence North 0°43' East 86.07 feet to the place of beginning. Proposed Uses and Present Zoning: The property is currently undeveloped and the proposed use is for an expansion of the Super 8 amenities that include a breakfast area, a fitness area, and conference facilities. These facilities were shown on the concept plan submitted with the previous application in March 2015. However, a new concept plan has not been submitted due to the proposed boundary line adjustment. The majority of the property is zoned R-2 but has a C-4 overlap along the northern boundary of 20-25, effectively a split zone. The applicant is proposing a boundary line adjustment to create a 1.34 acre R-2 residential buffer between the commercial property and the residential uses that are 50-70 feet across the 500 West Street right-of-way. This will be developed at a later date and not necessarily by the Applicant. Review of Submittal Requirements The applicant has submitted the required documents as established in 17.04.040, Application for zoning map amendment or text amendment, and listed below: 1. The name, address, and telephone number of the applicant; 2. A description of the requested change or amendment and a description of the property to be affected by such request by a metes and bounds legal description; 3. A title certificate or report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements, judgments, and encumbrances of record that affect the title to the subject property; 4. A statement from the county treasurer showing payment in full of all real property taxes due on such parcel; 5. A boundary survey of the land area to be rezoned, which shall include a depiction of existing zoning district boundaries, real property boundaries, existing structures, and public roads existing within three hundred feet in all directions of the subject property boundary; 6. A list of surrounding property owners and their legal mailing addresses for all properties within three hundred feet of the exterior boundary of the parcel proposed for a zoning map amendment; 7. A statement by the applicant explaining the rationale for the zoning request relative to the standards imposed by this chapter; 8. A filing fee in accordance with the fee schedule adopted by resolution of the city council; and 9. A narrative or concept plan describing why this property is suited for the intended purposes and stating what development and/or construction is planned by the applicant. Agency Comments Agenda Page 35 of 70 P&Z - TECHNICAL REVIEW PL-15-30 Wang Organization, Ltd. Zoning Amendment June 16, 2015 Page 3 The city did not receive comments from utility providers or agencies outside of the city but the applicant contacted Moab Irrigation Company (MIC) about the pipeline through the south edge of the property. MIC required that the property owner grant them an easement for their line that is extended near the southern boundary of the property. Compliance with Review Criteria The City Council is required to consider the criteria in Moab Municipal Code (MMC) section 17.04.050 Map amendment policy declaration, when reviewing a zoning map amendment. The declaration follows: "Zoning map amendments shall only be approved if the applicant establishes that one or more of the following standards apply to the subject real property: A. The land to be zoned was zoned in error and, as presently zoned, is inconsistent with the policies and goals of the city's General Plan. B. The area for which a map amendment is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. C. The proposed map amendment is necessary in order to provide land for a use which was not anticipated at the time of the adoption of the city's General Plan, and that such change will be consistent with the policies and goals of the Plan. Special consideration shall be given to existing conditions on and around the area in question, including the changing nature of the area, land uses, densities, and the height and scale of both existing and proposed structures. (Ord. 08-03 (part), 2008) MMC 17.04.060, Map amendment approval criteria, contains the elements that council shall consider in reviewing a proposed map amendment: A. Was the existing zone for the property adopted in error? Similar to "A" above, this question has been argued both ways in both public hearings. It can be argued that in 1954, shortly after Steen's big uranium find, when the area was zoned residential it was the correct application. The city extended little beyond the boundaries of the original townsite, the highway was a two-lane road at the time, and the population was only beginning to swell above 1,300 residents with additional uranium prospectors and their families. However, it is highly unlikely that few imagined the potential of Moab to become such a well-known star on the national and international tourism stages. Even under current R2 zoning, the circumstances will not allow development of attainable housing unless it is heavily subsidized. The value of the property, if it were to be sold, and the development costs, coupled with the R-2 limit to 2 units per lot, will not lend the property to any affordable housing but could be upper end dwellings that would stretch from Main Street to 500 West. To subdivide beyond the immediate adjacency to Main and 500 West Streets will require an additional street. The dedication of right-of-way, fifty feet in width, will consume approximately 25% of the property reducing the availability of home sites. So the big question is what type of development will actually work for this property if commercial development, as an extension of the existing hotel, is unacceptable. Agenda Page 36 of 70 P&Z - TECHNICAL REVIEW Wang Organization, Ltd. Zoning Amendment June 16, 2015 PL-15-30 Page 4 B. Has there been a change of character in the area including, but not limited to: the installation of public facilities or new utilities; other approved zone changes; new growth trends; deterioration of existing development; or the need for development transitions? The development of additional properties on the east side of Main Street across from the subject property includes Raven's Rim Zip Line and public facilities include the concrete bike trail. More development in the area is proposed for the near future as the pressure builds to provide lodgings for increasing numbers of visitors. C. Is there a need for the proposed zoning within the area or community? There may not be a need for additional C-4 but conference facilities would be a welcome addition. The other amenities will serve the hotel and be enjoyed by the guests. The change in the zone would be a logical amendment and provide continued successful development on North Main Street. D. Is the proposed zoning classification compatible with the surrounding area or uses; will there be adverse impacts; and/or can any adverse impacts be mitigated? The change in the zoning is compatible with the existing surrounding uses on the north and east sides. Adverse impacts can be minimized and some effort has already been made by the property owner with the row of trees planted along the southern boundary. Unfortunately, the trees are not evergreens and lighting was brought up in the planning commission public hearing as being a problem for the southern neighbors. The Super 8 was constructed prior to the adoption of the site plan regulations in MMC 17.09.660 and 17.09.665 that established that a lighting plan must be submitted with the type of lighting consisting of "...a full cutoff, fully shielded, downward directed type of light. Internal or external shielding may be used to prevent glare toward other properties or into the roadway." (MMC 17.09.660 H) Wall mounted flood lights that direct outward toward other properties and roadways are now prohibited. Other requirements of the site plan regulations will be helpful in mitigating impacts for any new development on the property. E. Will benefits be derived by the community or area by granting the proposed zoning? The benefit to the community is that retail sales elsewhere in the city made to guests using the facilities will generate revenue for restaurants and other local businesses. The benefits to the immediate area will be less impact from unauthorized uses on the property during events due to an increased managerial presence and control of the property. Weed and dust were also mentioned as problems for residential neighbors. As it stands now, the area to the south of the property is somewhat a "backyard" to the Super 8. However, during the past couple of years the city has seen a greater effort by the owner to manage the weeds and debris on the property but regular inspection is necessary. F. Are adequate facilities available to serve development for the type and scope of development suggested by the proposed zoning classification? If utilities are not available, can they be reasonably extended? Utilities are available for the proposed uses on this property. G. Does the application conform with the provisions of the Moab General Plan, the Land Use Code, and applicable agreements with affected governmental entities? Agenda Page 37 of 70 P&Z - TECHNICAL REVIEW Wang Organization, Ltd. Zoning Amendment June 16, 2015 PL-15-30 Page 5 The application has met the submittal requirements of MMC Title 17, Zoning. The applicant has also presented a narrative that addresses the requirement of applying the General Plan to the application and supports the zone amendment with specific sections of the Plan. The Utah Department of Transportation (UDOT access permit manager will need to be consulted as to the adequacy of the drive access for any development on the property. This is all part of the site plan review process, a separate application process at the Planning Commission. Known Existing Impacts 1. Glare. This was discussed in the public hearing and is more of a development issue than zoning. As mentioned above, when the Super 8 was constructed the lighting restrictions were not in place. However, because this was brought to the attention of the owner, steps are now being taken to address the issue of glare and light encroachment onto other properties. 2. Noise and dust. A mother remarked that the noisy partying, drinking, and cussing was upsetting because small children reside in her home on Marcus Court. She explained that she had called the police about the noise on occasion but had not received any satisfaction. A couple who lives on Marcus Court expressed their concerns about the noise and also had issues with the drinking, urinating, and cussing by the revelers. They had not notified the police or the hotel in the past but reported that they had spoken with police about issues occurring the weekend of the car show. 3. Traffic on 500 West. One speaker had issues with semi -trucks parking on 500 West and felt that additional access to the street by commercial development would change the character of the street. Traffic has increased on this collector street and will continue to do so because of residential and commercial infill. 4. Heat. One resident said that her front yard (that faces west) is 20 degrees hotter than her backyard. She stated that it is because of the reflection of the sun off of the hotel's wall along 500 West. Zone Comparison The following table is a listing of the uses in the R-2, C-1, C-2, and C-4 R-2 C-1 C-2 C-4 One and two-family dwellings One and two-family dwellings One and two-family dwellings Dwellings -CUP Accessory uses Office buildings Office buildings Office buildings Clinics Clinics Public buildings and parks Funeral establishments Funeral establishments Funeral establishments Churches Churches Churches Churches Recreation buildings Gymnasium Gymnasium Gymnasium Agenda Page 38 of 70 P&Z - TECHNICAL REVIEW Wang Organization, Ltd. Zoning Amendment June 16, 2015 PL-15-30 Page 6 Agriculture Agriculture/pasture Retail/wholesale >3,000 sqft Retail/wholesale >3,000 sqft Retail establishments Temporary buildings for construction projects B&Bs Testing labs Home occupations Home occupations Home occupations Home occupations Day care centers Schools Schools Schools Secondary dwellings Hospitals Hospitals Hospitals Other public facilities -CUP Public buildings Public buildings Public buildings Parks Parks Day Care Day care Rest homes Rest homes Research establishments Banks River running companies Warehouses Assembly of appliances Assembly of appliances Service enterprises Service establishments Apartments Apartments -CUP Fraternity organizations/lodges Fraternity organizations/lodges Eating establishments>2,000 sqft Eating establishments Commercial parking lots Commercial parking lots Green houses/nurseries Farm equipment sales Lodging establishments >ten units Lodging establishment Pet shops Manufactured home sales - CUP Veterinary clinics Taxidermy shops Taxidermy shops Electrical appliance shops- wholesale Electrical appliance shops Plumbing shops Plumbing shops Carpentry shop Carpentry shops Hardware stores Hardware stores Stone and monument sales stone and monument sales Service stations Auto body shops Car sales Engraving/printing Engraving/printing Employee housing Wholesale sales Trucking company -CUP Manufacturing RV courts Garages CUP- Conditional Use Permit Agenda Page 39 of 70 dma International, Inc, Box 189 Moab, Utah 84532 Moab City Council 217 East Center Street Moab, UT 84532 RE: Zone Change for Super 8 Motel Dear City Council, 1-800-842-6622 (435) 259-5693 Cell (435) 260-1824 Fax (435)259-5930 May 5, 7015 I strongly recommend adoption of this zone change request by the Wang Organization for the following reasons: 1. This property has been effectively a commercial property for decades 2. When the property was sold it was sold as a commercial property and there is a high probability that an error was made in the recordation in that it was sold and accepted as a commercial property. 3. All traffic from the commercial property will be funneled to Highway 191 minimizing impact on the community and 500 West. 4. Insisting on the residential use of any of this land is increasing conflicts between residential and commercial activities. 5. All the neighbors in this area have accepted the fact that this property has been commercial since 1977. 6. All of the property to the north and east was zoned C4 in 1978 and by accident the residential partial was not included in the rezoning of the parcel. I strongly advocate affordable housing and recognize the need for monthly rentals. But prolonging or replicating errors made in the past does not solve this problem. Therefore, [ strongly recommend the original request, but this compromise shows that the Wang Organization wants to work with the City of Moab; therefore please approve this compromise. Thank you for your consideration on this request of this rezoning compromise. Sincerely, Joe Kingsley President SUBSIDIARIES: Glo Germ CompanyTm La Sal Escrow Company Castle Valley River Ranchos Sore No More"n" Avalanche Rescue System Agenda Page 40 of 70 May 7, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re. Support for the Wang Organization Rezone Application Planning Commission and City Council: Please accept this letter as support for the revised rezone application submitted by the Wang Organization, Ltd. on April 24, 2015. The new configuration makes sense. The R-2 zoning will protect the residences to the south and west, but the highest and best use of the eastern half of the property is commercial. I write to you as a realtor and property manager who has lived and worked in Grand County for over 20 years. I both list and show homes in the neighborhoods surrounding the Super 8 Motel consistently, if not on a weekly basis. I support protecting the existing neighborhoods to the south and west. However, I do not think the entire parcel needs to be or should be developed as residential land. First, land along the highway is best used for commercial purposes. Second, while increasing our housing stock is important, there are approximately 20 houses under $250,000 on the market right now. Under the City's Code, the current proposal will allow approximately 18 two-family dwellings (for a total of 9 duplexes) to be built on the eastern portion of the property, which would be a significant development and increase in our housing options. I appreciated the City carefully reviewing all rezone proposals, but this one makes sense given the recent development to the north and need for a transition between the C-4 zoning to the north and east and residential development to the south and west. I urge the City to support the Wang Organization's revised rezone request. Sincerely, Danette Johnson Moab, Utah (435) 260-0130 Agenda Page 41 of 70 May 11, 2015 Jeff Reinhart Sommar Johnson City of Moab 217 E. Center Street Moab, UT 84532 VIA EMAIL Re. Letter of Support - Wang Organization Revised Rezone Request To Jeff and Sommar, and the City of Moab: I live just to the west of the Super 8 Motel on Palisade, and I support the revised rezone request submitted by the Wang Organization that preserves residential land to the west and rezones the land to the east along the highway C-4. First, the commercial use is anticipated. I think most folks in the neighborhood considered that parcel as commercially zoned; or, if they knew it was R-2, they assumed commercial use was inevitable given the location and frontage along Main Street. l also think that seasonal commercial use creates less noise and traffic on the neighborhood than most types of residential development that would occur on this property. Second, the property is a long narrow piece located between 500 West and Main Street. While some residential development is good, I don't think the property size or location lends itself to natural residential development. And, with the USU campus in the works, I think future housing demand will likely be to the south anyway. The Applicant has promised to donate a trail easement along the southern boundary of the vacant parcel, and I plan to use this trail segment. I believe the width of 500 West, the 215' of R-2 zoning from west to east, and the 10' setback between commercial and residential development protects the neighborhoods to the West. And, I think the width of the trail easement, North Ditch 1, RMP powerlines and the existing row of trees is a sufficient buffer to protect the neighborhoods to the south. Thank you for your consideration, Evan Clapper G30 Palisade Drive Moab, Utah 84532 Agenda Page 42 of 70 Ryan Barnum 408 Marcus Court Moab, Utah 84532 May 11, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re. Support for the Wang Organization Rezone Application City of Moab: Please accept this letter of support for the revised rezone application submitted by Wang Organization, Ltd. for its vacant property just north of my house. I live on the north side of Marcus Court, adjacent to this property. I like the revised request as it preserves some residential land and use, but allows commercial development where it is anticipated along the highway. In addition, like many of my neighbors, I think that a seasonal commercial use like a motel will lead to less impact, noise, and traffic on my property than residential use. I believe the width of the North Ditch 1 easement, RMP poweriines and the existing row of trees is a sufficient buffer to protect my property from development to the north, but I request that the Applicant and/or Moab Irrigation Company take steps to clean up and reduce weeds within the easement area. I prefer that the Applicant not donate a trail easement along the North Ditch 1 as this impacts my privacy and increases the number of vagrants already hanging out in this area. If the City and Applicant pursue the trail easement, hope they will do so only after building an attractive, sandstone -colored concrete wall between Marcus Court and the easement to keep out vagrants and weeds and protect our privacy. Overall, supporting the revised rezone request makes good planning sense. Please vote to approve it. Sincerely, Ryan Barnum Agenda Page 43 of 70 Ken Moody 390 Marcus Court Moab, Utah 84532 May 11, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re. Leiter of Support for the 889 N. Main Street Rezone Application City of Moab: I support the revised rezone application submitted by Wang Organization, Ltd. for its vacant property just north of my house on Marcus Court, adjacent to this property. I support the revised request for a few reasons: 1. Commercial development is anticipated and reasonable along the highway. 2. I think that a seasonal commercial use like a motel will lead to less impact than two-family residential use on the entire parcel. Although I'd prefer to see single family residences on nice spacious lots with lots of trees, I know that such use is unlikely given the location between our two biggest roads in town. As I understand, the full residential potential of the property is approximately 62 two- family dwelling units. Each of those will likely have 2-4 people living in each unit with 2 or 3 vehicles. I think the noise, light, and traffic impact will be worse under such a residential scenario than commercial — and I don't think the aesthetic impact of 62 units is preferable over the proposed Super 8 Motel facilities expansion or future motel/hotel use_ 3. The width of the proposed trail easement, the North Ditch 1, RMP powerlines and the existing row of trees creates a buffer between Marcus Court and the Super 8 Motel. I also understand that the City can request additional landscaping and/or a fence to be added to this width at the site plan stage for commercial development to further protect our privacy on Marcus Court. 4. The revised rezone request makes good planning sense. It creates a buffer between the C-4 zoning to the north/east, and the residential zoning to the southlwest (which is not consistent and includes some commercial use already). I encourage the City to vote to approve it. Si. erely, I/ Y>14 ken woody /) L. Agenda Page 44 of 70 May 11, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re. Wang Organization Revised Rezone Application -- Letter of Support City of Moab: Please accept this letter of support for the revised rezone application submitted by Wang Organization, Ltd. for its property just south of the Super 8 Motel. We live on McGill, sold a house on Marcus Court in May of 2015, to the South, and own additional property on 500 West. During the public hearing on the original rezone request for this property in March, both the Applicant and Planning Commission Member Wayne Hoskisson stated that they talked to folks in the surrounding neighborhoods who would rather see this property developed for commercial use rather than residential use. I am one such neighbor. We always assumed this property was zoned commercial, given its location. Commercial use seems both reasonable and inevitable given the frontage onto Highway 191 and shared boundary with the Super 8 Motel. We believe all land along Highway 191 should be zoned commercial — to both maximize the highest and best use of these properties, but also to create orderly growth patterns in town. Residential use along Main Street does not benefit the City or its residents and will lead to conflict in use. I appreciate the Applicant revising its request to help provide a thoughtful transition between the existingneighborhoods to the south and west, like mine, and the C-4 development to the north and east.I urge the City to support the remised rezone request. Sincerely, Mi e a d elly S m. y Marcus Court/Mc I Ave1500West Moab, Utah 84532 Agenda Page 45 of 70 01/03/2008 06:06 8155729082 LOST RIVER PAGE 01 May 11, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re, ,Support for the Wang Organization Rezone Application Moab Planning Commission and City Council: We own property to the south of the Wang Organization's property located at 889 N. Main Street and known as the Super 8 Motel on Andrea Court. We are writing to express support for the revised rezone proposal which requests rezoning only the 3.01 acres to the east on Main Street as commercial. We are also local business owners, and as such, we support commercial development in this location as natural and complimentary to existing planning along Highway 191, In addition, we support local businesses upgrading and expanding their facilities, and this rezone trust pass before the Super 8 Motel can add breakfast, conference, and exercise roam amenities to the existing hotel. Let's not build more motels on 191; let's help the existing ones we have stay competitive. We also Relieve commercial development on a portion of property will impact the neighborhood less than likely residential development proposals on the property in terms of traffic and noise given the seasonal nature of Moab's tourist seasons. I urge the City to support local business owners and this revised rezone request. Thank you, avid and Jana Knowles Andrea Court Moab, Utah 84532 Agenda Page 46 of 70 May 27, 2015 City Council City of Moab 217 E. Center Street Moab, UT 84532 Re. Support for the Wang Organization Rezone Application Dear City Council: We are writing to express our support for the revised rezone application submitted by Wang Organization for vacant property just south of the Super 8 Motel. We support the rezone request because it is reasonable, anticipated, and promotes the highest and best use of the entire property by retaining R2 zoning to the west along 500 West and allowing commercial development to the east along Main Street. Our family has lived on and owned property just west of the Super 8 Motel for generations — and our family owns additional property in the surrounding neighborhoods, including the Preserve Subdivision. We love this area, and only want to see it developed in a way that preserves its character. This proposal does that. We believe the most suitable portion of the property for residential development that is desired by the community is that along 500 West -- not the highway. The land along the highway should be commercial and developed as such. In addition, the proposal provides a transition between the existing R-2 neighborhoods to the south and west and growing C-4 development to the north and east. For these reasons, We hope the City will approve the rezone request. Sincerely, Pat and Pete Byrd 850 Byrd Avenue Moab, UT 84532 Agenda Page 47 of 70 Devran Cengiz 395 Marcus Court Moab, Utah 84532 May 28, 2015 Moab City Council 217 E. Center Street Moab, UT 84532 Re. Support for the Wang Organization Rezone Application City Council: Please accept this letter of support for the revised rezone application submitted by Wang Organization, Ltd. for its vacant property just north of my house. I live on the south side of Marcus Court and this property. The revised request is reasonable, and I support its approval by the City. It preserves residential land and use along 500 West, but allows commercial development where it is anticipated along the highway. In addition, like many of my neighbors, I think that a seasonal commercial use like a motel will lead to less impact, noise, and traffic on my property than residential use. I believe the width of the North Ditch 1 easement, RMP powerlines and the existing row of trees is a sufficient buffer to protect my property from development to the north. And, I understand that the Applicant is taking several steps to improve the property as a response to the neighborhoods comments during this public process. I understand that the Wang Organization has entered into a landscaping contract through November to clean up and maintain the vacant lot; is in the process of installing signs to restrict all public use of the lot; and intends to replace the existing lighting on the south and west sides of the Motel to downcast lighting to decrease impact to the neighbors. Please vote to approve the rezone of the eastern portion of the property to C4. Sincerely, Devn Cengiz Agenda Page 48 of 70 June 1, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re. Wang Organization Revised Rezone Application — Letter of Support City of Moab: As property owners of two lots to the South on Marcus Court, please accept this letter of support for the revised rezone application submitted by Wang Organization, Ltd. for its property just south of the Super 8 Motel. We support the proposal because it allows the Owner to develop land along the highway as commercial while preserving 113 of the property along 500 West as residential. Commercial use seems both reasonable and inevitable given the frontage onto Highway 191 and shared boundary with the Super 8 Motel. Residential use along Main Street does not benefit the City or its residents and will lead to conflict in use. We also support the proposal because we believe the Moab Irrigation Company easement together with the Owner's row of trees is a sufficient buffer to protect Marcus Court from impact associated with commercial development of the property. We understand the Owner is taking steps to minimize impact to Marcus further this month, including better maintenance of the vacant lot and restricting public use and camping on the lot. We appreciate these steps. At the same time, the biggest impact to Marcus Court is highway 191, not the Owner's development to the north. Finally, the property is located between our two major roads in town, 500 West and Main Street. This property does not seem desirable for single-family use across the entire property, and we understand that it could be developed into approximately 62 two-family units under the current zoning allowances in the R2 zone. We also believe that traffic and noise impacts will be worse with a high density two-family residential development than commercial development, especially motel use. The proposal provides a thoughtful transition between the existing neighborhoods to the south and west, like mine, and the C-4 development to the north and east, we urge the City to support the revised rezone request. tts Gill ; 347`.n71 Marcus Court Moab, Utah 84532 James Gill : - Nlarilyn Tibbe Agenda Page 49 of 70 June 12, 2015 City Council City of Moab 217 E. Center Street Moab, UT 84532 Re. Support for the Wang Organization Rezone Application Dear City Council: I am writing to express my support for the revised rezone application submitted by Wang Organization, Ltd. for property located at 889 N. Main Street, just south of the Super 8 Motel. I support the rezone request because it promotes the highest and best use of the entire property by retaining residential land to the west along 500 West while allowing commercial use along Main Street. I own the Branding Iron, another local business that depends on Highway 191, and a Grand County native. Allowing commercial use along the highway not only makes good planning sense, but it has long been anticipated for this property. I can remember when Mr. JJ Wang bought this property in the 1980s, and we certainly all assumed the entire three parcels were uniformly zoned commercial. Thus, I support the rezone configuration that preserves enough R21and to develop a number of single or two-family dwellings on the west side while allowing commercial development along the highway. I agree with Applicant that the proposal provides a transition between the existing R-2 neighborhoods and growing C-4 development along the highway and should be approved. Sincerely, ie Taylor 2971 Highway 191 Moab, UT 84532 Agenda Page 50 of 70 June 12, 2015 City Council 217 E. Center Street Moab, UT 84532 Re. Letter of Support for the Revised Rezone Application for 889 N. Main Dear Moab City Council: Please accept this letter of support for the revised rezone application for the western 3.01 acres of property known as 889 N. Main Street/Super 8 Motel submitted by the Wang. Organization. I have watched this rezone approval process with interest. I do not understand how the entire strip along Highway 191 north and east of this property was zoned commercial, but this particular parcel, cut off from the neighborhoods to the south by the North Ditch 1, was left out. And, so I was disappointed and surprised that the Council voted to deny Mr. Wang's original rezone request earlier this year. I hope you will vote for the revised rezone request as it is a good compromise. It preserves the eastern portion of the property as R-2 but allows commercial development along Main Street. This proposal is reasonable and consistent with good planning principles, and the development of the City of Moab to date. It also allows Mr. Wang to improve the Super 8 Motel and keep his business, locally owned and operated, competitive. For these reasons, I urge the City to vote to approve the revised rezone request, Thankiyou for your consideration, a1Yen Green 17 La Sal Road Moab, Utah 84532 Agenda Page 51 of 70 Curtis King 3270 Roberts Drive Moab, UT 84532 June 15, 2015 City of Moab 217 E. Center Street Moab, UT 84532 Re. Support for the lung Organization Revised Rezone Request for 3.01 Acres on Main Street City of Moab: As the manager of a local business on Main Street, we write to lend support to the Wang Organization's rezone request for the southern parcel of property located 889 N. Main Street. We support this proposal for a number of reasons. First, property along Main Street should be developed as commercial property. Period. The highest and best use along a highway is commercial, not residential. Second, the rezone request is reasonable and promotes good planning practices. The Wang Organization has offered to preserve 31 % of the property as residential along 500 West. This is a big concession that should be appreciated by our City Council, which provides sufficient land to preserve housing stock in that area. It also helps create a transition between the commercial property to the east and north and residential land to the south and west. Third, the rezone request is a proportionate request for the goals of the Wang Organization: to build a facilities expansion to the Super 8 Motel to stay competitive; and to bring the zoning up to match the commercial tax rate it has paid since 1985. The City can show its support for local business owners along Main Street, who act in the community's best interest, by voting to approve the rezone request. Agenda Page 52 of 70 June 15, 2015 City Council City of Moab 217 E. Center Street Moab, UT 84532 Re. Support for the Wang Organization Rezone Application — 889 N. Main Street Dear City Council: I am writing to express my support for the revised rezone application submitted by Wang Organization, Ltd. for property located at 889 N. Main Street, just south of the Super 8 Motel. I support the rezone request because it promotes the highest and best use of land along Main Street while preserving 1/3 of the property for residential development. The argument of highest and best use is supported by the commercial tax assessed by the County against this property since the Wang Organization bought it in 1985. Basic planning principles also support the argument that the highest and best use of the bulk of this property is for commercial development. The City Council should scrutinize rezone applications, and it should take steps to preserve residential property where appropriate. Here, it can do both and still approve this rezone request, which preserves 1/3 of the property as R-2 along Main Street. The most suitable portion of the property for residential development that is desired by both the neighbors and potential purchasers is that along 500 West — not the highway. Please vote to approve the revised rezone proposal as a good compromise that provides a transition between the existing R-2 neighborhoods to the south and west and growing C-4 development to the north and east. It preserves enough R2 land to develop a number of single or two-family dwellings on the west side while allowing commercial development along Main Street. Sincerely, Dr. Michael Duehrssen, MD HC 64 Box 2201 Castle Valley, UT 84532 Agenda Page 53 of 70 June 16, 2015 City Council 217 E. Center Street Moab, UT 84532 Re. Letter of Support for the Revised Rezone Application for 889 N Main Dear Moab City Council: Please accept this letter of support for the revised rezone application for the western 3.01 acres of property known as 889 N. Main Street/Super 8 Motel submitted by the Wang Organization. I was born and raised in Moab and live near this property on 300 North in the City limits. I wish to see development that makes good sense, and I feel that this split zone proposal, which preserves the western portion of the property as R-2 does so. It is reasonable, consistent with good planning, and meets the expectations of folks living nearby. Residential housing does not belong on Main Street and is incompatible with the noise and congestion of Highway 191. Land along Main Street should be developed commercially. For these reasons, I urge the City to vote to approve the revised rezone request and support our local business owners. Thank you for your consideration, 5L Helen Knight 130 E. 300 N. Moab, Utah 84532 Agenda Page 54 of 70 Page 1 of 2 Christina Sloan From: "Jeff Reinhart" Leff@moabcity.org> Date: Wednesday, June 17, 2015 11:10 AM To: <brian.gvc@frontiemet.net> Subject: Re: Wang Organization I Rezone Thanksyou Brian. We passed this on to council. Jeff Reinhart, AICP On Wed, Jun 17, 2015 at 6:33 AM, brian.gvc@frontiemet.net <brian.gvc@frontiernet.net> wrote: June 17, 2015 City Council via Email 217 E. Center Street Moab, UT 84532 Re. Letter of Support for the Revised Rezone Application for 889 N. Main Dear Moab City Council: Please accept this letter of support .for the revised rezone application for the western 3,01 acres of property known as 889 N. Main Street/Super 8 Motel submitted by the Wang Organization. As a local property owner, contractor, and developer, I am interested in good planning within the City limits. In the split -zone proposal, which preserves the eastern portion of the property as R-2, but allows commercial development along Main Street, is reasonable and consistent with good planning principles. This lot was not appropriately zone originally to reflect good planning principles for residential zoning. Residential housing does not belong on Main Street or Highway 191. Nor does it belong along a commercial corridor as 500 West meets Highway 191. As the remaining undeveloped land on the north side of Moab is built -out, the marketing and sales of homes along the highway will suffer. This will increase conflict between residential and commercial zones. The affordable housing debate that surrounds this application should not apply to this property. Affordable housing should not equate with sub -standard housing. Low-income households should not be forced to live along the highway and endure the noise and congestion as a means to affordably shelter their families. Is it fair for the city's Planning Commission and Council to deny this re -zone because the city wants more affordable housing? The Wang Organization should not be burdened with the city's housing crisis, or to be forced to develop a neighborhood that would offer a sub- standard lifestyle along a noisy traffic corridor. Agenda Page 55 of 70 6/17/2015 Page 2 of 2 Our low-income families deserve more than this.l believe there are better ways to provide healthy homes that our hard-working families can afford. Even Mr. Wang is aware of low-income needs. He has been providing scholarships to our students, to pave a way for their future success. He has provided housing for employees. For these reasons, I urge the city to vote to approve the revised re -zone request. Thank you for your consideration, Brian Ballard "Wag to go, Moab!" Agenda Page 56 of 70 6/17/2015 Super 8 tel Wang Organization Ltd Tito _i I t Negiey Fouss Barn: }_ . _. Marcus Ct Riverside Inn Park, Jung Sunset Grill Mivida Enterprises Moody ,1 Alryi •: — o. - _ rant& y Maa+ i . 4 . 4s .i Mivida I�terprises wa Organ' Vac. Par 500 Mair 1 inch = 0 25 50 1 Wang Organization Rezone Letters of Support, Summary FROM THE NEIGHBORHOOD: 1. Evan Clapper , 630 Palisade Drive, dated May 11, 2015 2. Ken Moody, 390 Marcus Court, dated May 11, 2015 3. Ryan Barnum, 408 Marcus Court, dated May 11, 2015 4. Mike and Kelly Shumway, Marcus Court/McGill Avenue/500 West, dated May 11, 2015 5. Dave and Jana Knowles, Andrea Court, dated May 11, 2015 6. Pat and Pete Byrd, 850 Byrd Avenue, dated May 27, 2015 7. Devran Cengiz, 395 Marcus Court, dated May 28, 2015 8. Tiffany Tibbetts Gill, James Gill, and Marilyn Tibbetts, 347 and 371 Marcus Court, dated June 1, 2015 FROM THE COMMUNITY: 9. Joe Kingsley, dated May 5, 2015 10. Danette Johnson, dated May 7, 2015 11. Susie Taylor, dated June 12, 2015 12. Karen Green, dated June 12, 2015 13. Curtis King, dated June 15, 2015 14. Dr. Michael Duehrssen, dated June 15, 2015 15. Helen Knight, dated June 16, 2015 16. Brian Ballard, dated June 17, 2015 Agenda Page 58 of 70 HOUSING AUTHORITY OF SOUTHEASTERN UTAH SERVING GRAND AND SAN JUAN COUNT' Main Administrative Office 321 East Center Street Moab, UT 84532 Phone (435) 259-5891 Fax (435) 259-4938 TTY (800) 346-4128 Email: hasu@frontiernet.net June 22, 2015 RE: Waiver of Impact Fee for Affordable Housing Development at Deer Trail Subdivision To Whom It May Concern: The Housing Authority of Southeastern Utah (HASU), a tax-exempt non-profit entity (Tax ID# 87- 0498473), is committed to developing and managing affordable housing in Grand and San Juan County, Utah. We are currently finishing construction on a six -unit affordable housing townhome project located on the corner of 400 N. and Riversands Rd. in Moab, Utah. This letter is a formal request to waive water and sewer impact fees for this project. According to Moab City code 13.25.090 Extraordinary Adjustments letter D states: The city may elect to waive impact fees, in whole or in part, for development activities with broad based charitable and public purposes, including the construction of affordable and low income housing by nonprofit and for profit entities The project is an affordable housing project done through the Mutual Self -Help program where families can lower their loan amounts for a new home by participating in the construction of their home. The purpose of this program is to allow working citizens in our community the ability to obtain homeownership which may not otherwise be available to them. With increasing land costs and below state average wage structures homeownership is becoming increasing out of reach for many in our community. The Mutual Self -Help program is a crucial way for families to live and work in our community. The criterion that enables a family to build a home through the Mutual Self -Help program is determined by their income. Families must be under 80% Area Median Income (AMI) to participate and 40% of our homes must be for families 50% AMI and below. In real terms, this means a family of four making $30- $40,000/year. At this income range the budget to build a home, even with sweat equity, is extremely tight. An impact fee waiver from the City of Moab would help very -low and low income families in this project alleviate some of the cost of owning a home in a housing market that is already working against them. Therefore, on behalf of these low-income families, we are requesting a water/sewer impact fee waiver totaling $19,782, or $3,297 per home to offset some of the cost of developing affordable housing. We thank you for your consideration of this request and look forward to developing more affordable housing in Moab in the future. Sincerely, Benjamin Riley Executive Director Housing Authority of Southeastern Utah Housing Authority of Southeastern Utah is an Equal Opportunity Provider and Equal Housing Opportunity Agenda Page 59 of 70 arY op, MOAB f AGENDA SUMMARY CITY COUNCIL MEETING / 'AUGUST A 201 f Agenda Item #: 8-2 PL-15-44 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, changes to the ordinance have been proposed by staff and are noted in red. At the July 27 meeting, City Council tabled the amended ordinance so sufficient time could elapse for them to study the changes. The changes include: • Changing the name of the zone to FW, Floodway, as suggested by Council; • Adds definitions and a graphic for the floodway, flood channel, and flood plain; • Adds "or smooth wire" to section 17.33.050(A); • Includes the "pasturing of animals" as an allowed use; • Removes "only" from the list of uses in 17.33.020; • Removes playgrounds from the zone; • Removes solid wooden fences 6' in height from the FC-1 (FW) Zone; • The reference to section 17.33.060 has been removed because the section does not exist; • Removes the reference to 17.09.700, because it deals with the prohibition of nightly rentals. 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. Agenda Page 60 of 70 City Council August 18, 2015 Ordinance #2015-05 FC-1 Amendments Page 2 of 2 6. Control of filling, grading, dredging and other "development" that may increase flood damage. 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 options to discuss: 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 changes and the name change of the zone from "FC-1, Flood Channel" Zone to "FW, Floodway" Zone. Attachment(s): Ordinance #2015-05 with suggested amendments Ordinance #2015-05 with underline/strikethrough amendments p:\planning department \2015\correspondence \p1-15-44 cc fw zone amends.docx Agenda Page 61 of 70 DRAFT ORDINANCE #2015-05 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.33, FC-1 FLOOD CHANNEL ZONE, SPECIFICALLY REFERENCING FENCING, STRUCTURES FOR PUBLIC TRANSPORTATION, VEGETATION AND PENALTIES WHEREAS, the Moab, Utah (City) City Council ("Council") adopted the Moab Municipal Code ("Code") Title 17.00, Zoning, and especially Chapter 17.30, FC-1, Flood Channel Zone, in an effort to facilitate the protection of life and property from damage because of floods; and, WHEREAS, City Council determined that the name "FC-1 Flood Channel" Zone was confusing and requested that the FC-1 Flood Channel be renamed to "FW Floodway" Zone; 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, Agenda Page 62 of 70 DRAFT WHEREAS, Council reviewed Ordinance #2015-05 in a regularly scheduled meeting held on July 28, 2015, to hear and decide the merits of the proposed change to Chapter 15.30, Flood Channel Zone, of the Code; and, WHEREAS, Council found 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 17.33, FC-1, Flood Channel Zone shall be amended to read as follows: Chapter 17.33 FW FLOODWAY ZONE 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 FW floodway 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 The following terms used in this chapter shall have the meanings set forth in this section. "Flood Hazard Area" means identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1- percent annual chance flood is also referred to as the base flood or 100-year flood "Floodplain" means an area of nearly flat low-lying ground along the course of a stream, river, or coast that is naturally subject to flooding. "Floodway" means the channel of a river or other watercourse and the 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. Agenda Page 63 of 70 DRAFT Flood Level Flood Hazard Area 000-Tear Floodpbklj Flaodway Fringe Fringe Stream Chonne! Normal Waller Level "Flood Zones" are geographic areas that FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map and each zone reflects the severity or type of flooding in the specific area. 17.33.030 Use requirements. The following uses shall be permitted in the FW flood channel zone: A. Agricultural uses such as farming, truck gardening and the growing of nursery stock; B. Pasturing of animals; C. Revetments and other flood protection structures; D. Public parks, trails, and open space; E. Public transportation structures if "no rise" can be shown; F. Fences as per requirements in 17.33.040, below; and G. Maintenance of vegetation with a permit. 17.33.040 Area, width and location requirements. There shall be no regulations pertaining to area, width or location of building requirements in the FW Floodway Zone. (Prior code § 27-12-3) 17.33.050 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. 1. Exception. An engineering study may not be required for fences such as smooth or barbed wire fences 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. Fencing similar to the styles on pages 159 -162 in the book, Fences, released by the Bureau of Land Management, United States Forest Service http://www.fs.fed.us/t- d/pubs/), and the Society for Range Management may also be considered as appropriate. 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 Agenda Page 64 of 70 DRAFT 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. C. Floodway to be kept clear. — The presence of debris such as fallen trees and tree limbs, 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 bridges 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. D. Prohibited structures. No permanent structures such as sheds, dwellings, or permanent corrals shall be located in the floodway. 17.33.060 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 six (6) months, 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 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 August 18, 2015. ATTEST: Rachel Stenta, Recorder SIGNED: David L. Sakrison, Mayor p:\planning department \2015\ordinances\#2015-05 final version.docx Agenda Page 65 of 70 i DRAFT ORDINANCE #2015-05 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.33, FC-1 FLOOD CHANNEL ZONE, SPECIFICALLY REFERENCING FENCING, STRUCTURES FOR PUBLIC TRANSPORTATION, VEGETATION AND PENALTIES WHEREAS, the Moab, Utah (City) City Council ("Council") adopted the Moab Municipal Code ("Code") Title 17.00, Zoning, and especially Chapter 17.30, FC-1, Flood Channel Zone, in an effort to facilitate the protection of life and property from damage because of floods; and, WHEREAS, City Council determined that the name "FC-1 Flood Charmer Zone was confusing and requested that the FC-1 Flood Channel be renamed to "FW Floodway" Zone; 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, Agenda Page 66 of 70 1 DRAFT 1 1 WHEREAS, Council reviewed Ordinance #2015-05 in a regularly scheduled meeting held on —July 28, 2015, to hear and decide the merits of the proposed change to Chapter 15.30, Flood Channel Zone, of the Code; and, WHEREAS, Council found 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 17.33, FC-1, Flood Channel Zone shall be amended to read as follows: Chapter 17.33 FWC 1 FLOODWAY CHANNEL ZONE 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 FWC 1 floodway 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 The following terms used in this chapter shall have the meanings set forth in this section. "Flood Hazard Area" means identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundatedty the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1- percent annual chance flood is also referred to as the base flood or 100-year flood "Floodplain" means an area of nearly flat low-lying ground along the course of a stream, river, or coast that is naturally subject to flooding. "Floodway" means the channel of a river or other watercourse and the 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. Agenda Page 67 of 70 i DRAFT Flood Level r Fringe Flood Hazard Area (100-fear Floodplain) Floodway Stream Channel Fringe r,• Normal Water Level ? •n "Flood Zones" are geographic areas that FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map and each zone reflects the severity or type of flooding in the specific area. 17.33.030 Use requirements. The following uses shall be permitted in the FWC 1 flood channel zone: A. Agricultural uses such as farming, truck gardening and the growing of nursery stock; A,B. Pasturing of animals; BC. Revetments and other flood protection structures; DE. Public parks, trails, and open space; ED. Public transportation structures if "no rise" can be shown1- F. Fences as per requirements in 17.33.040, below; and G. Maintenance of vegetation with a permit. 17.33.0340 Area, width and location requirements. There shall be no regulations pertaining to area, width or location of building requirements in the FWC 1 floodway channel zone. (Prior code § 27-12-3) 17.33.0450 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. 1. Exception. An engineering study may not be required for fences such as smooth or barbed wire fences 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. Fencing similar to the styles on pages 159 -162 in the book, Fences, released by the Bureau of Land Management, United States Forest Service (http://www.fs.fed.us/t- d/pubs/), and the Society for Range Management may also be considered as appropriate.If "water gap" or "flood gate" styles of livestock control are utilized, an engineer shall be consulted for appropriateness of their use. Agenda Page 68 of 70 1 DRAFT 1 1 1 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. C. Floodway to be kept clear. — The presence of debris such as fallen trees and tree limbs, 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 bridges 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. D. Prohibited structures. No permanent structures such as sheds, dwellings, or permanent corrals shall be located in the floodway. 17.33.0560 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 six (6) monthsninety (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 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 August 18, 2015. ATTEST: SIGNED: David L. Sakrison, Mayor Agenda Page 69 of 70 i DRAFT Rachel Stenta, Recorder p:\planning department \2015\draft ordinances\draft fc-1 changes3.docx Agenda Page 70 of 70