HomeMy Public PortalAboutPKT-CC-2018-11-05DocuSign Envelope ID: DED8D912-5D93-4E40-BCAF-5A30BD39D081
CITY OF
M 0A
UTAH
217 East Center Street
Moab, Utah 84532-2534
Main Number (435) 259-5121
Fax Number (435) 259-4135
Memorandum
To: Councilmembers and Media
From: Mayor Emily S. Niehaus
Date: 11/2/2018
Re: Special City Council Meeting
B B
Mayor: Emily S. Niehaus
Council: Tawny Knuteson-Boyd
Rani Derasary
Mike Duncan
Karen Guzman -Newton
Kalen Jones
The City of Moab will hold a Special City Council Meeting on Monday, November 5, 2018 at 6:oo
PM. The purpose of this meeting will be:
• Discussion Regarding Occupancy Limits
• Proposed Ordinance #2018-19 — Planned Affordable Development (PAD) as a
High Density Affordable Housing Overlay
o Discussion and Possible Action
• Proposed Ordinance #2018-20 — Assured Workforce Housing Policy
o Discussion and Possible Action
The meeting will begin in the Council Chambers at the Moab City Center, 217 East Center Street, Moab,
Utah.
DocuSigned by:
CE.mity NteLvi
Mayor E 1137 S: Niehaus
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) 259-512i at least three (3) working days
prior to the meeting.
Moab City Council Agenda Summary
Meeting Date: November 5, 2018
PL-IS-53
#:
Title: Continued Discussion and Possible Adoption of Ordinance #2018-19 to Provide Affordable,
Deed Restricted Housing in Moab Through a New Chapter 17.68, Planned Affordable
Development (PAD) as Referred to Council by the Planning Commission
Date Submitted: November 1, 2018
Applicant: N/A
Staff Presenter: Jeff Reinhart, Planning Director
Attachment(s): Draft Ordinance #2018-19
Options: Adopt as drafted, adopt with changes, or not adopt
Suggested Motion Options:
• I move to adopt Ordinance #2018-19 as written.
• I move to adopt Ordinance #2018-19 with the following changes:
[insert changes here]
Background/Summary:
The Planning Commission held the public hearing on Ordinance #2018-19 October 11, 2018, and
tabled the approval until more discussion could be held to address some concerns of commission
members. In an additional meeting held on October 23, 2018, the Commission amended the draft of
the ordinance for referral to the Council. Those changes are identified in an attached redline version
and incorporated into the attached clean draft.
Subsequent to the discussion, the Commission identified some remaining concerns that they sensed
needed to be addressed. Those concerns include:
1. Limiting the profit on any given PAD;
2. What is the appropriate size for a dwelling? Possibly enacting minimums for the area of
each unit type or base the number of occupants on the area of the unit.
3. Minimum square feet of each dwelling for financing purposes; and
4. Lockable storage. This was incorporated into the draft as one of the amendments the
Commission considered. (See Below)
The City Attorney was asked to provide a legal opinion on these concerns and additionally a lapse of
plan and start date for the 50-year affordability restriction were discussed.
The changes that the commission is recommending in the version that is up for adoption include:
1. 17.68.050, A: change the "combination of one bedroom (or studio), two bedroom, and
three bedroom" to read "two bedroom OR three bedroom units";
2. 17.68.050, B: Remove the table. The Building Code, may change again as it did between
the drafting of the 2015 and 2018 editions;
3. 17.68.070, Submittal Requirements, 4, Landscape Plan: Remove "xeriscape plan";
4. 17.68.050, O. Storage: Amend to read, "Each dwelling unit shall be provided with a
separate, covered lockable storage space which is at least large enough to store adult
bicycles";
5. 17.68.070, A, 3: Add text referencing future lighting ordinances;
6. 17.68.070, A, 4: Remove xeriscape plan;
7. 17.68.120, Affordability Controls, A, Eligibility: Insert "biennially" in place of "from
time to time";
Also, City Staff recommends that the number of parking spaces in 17.68.050, H, be consistent and
reduced to the original requirement of one space per unit. Paved parking rapidly erodes the
developable area that could be utilized to provide more units.
Staff would like to point out that the property scheduled for a City housing project is split zoned R-
2/R-4 and a PAD would be instrumental in maintaining a feasible number of units for the site.
The attached draft has incorporated changes desired by the Planning Commission that were
assembled from several meetings including a table indicating the ratio of PAD Units per number of
market rate units to Section 17.68.050.
If adopted, this overlay will be allowed in the R-2, R-3, R-4, and MH/RV-1 Residential Zones. It will
be allowed in the C-1, C-2, C-4, and C-5 Commercial Zones. The C-3 allows housing under other
options.
The City could realize housing of 36-40 units per acre and this level of intensity is in line with the
recent Housing Feasibility Study that suggested this density range is necessary to begin addressing
the City housing issue.
On October 11, 2018, the Planning Commission held the public hearing and received several valid
comments from the public. These were further discussed at the meeting on October 23, 2018, prior
to the Commission forming a recommendation to Council and are attached for your review.
CITY OF MOAB ORDINANCE #2018-19
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE BY
ADDING A NEW CHAPTER 17.68 PLANNED AFFORDABLE DEVELOPMENT (PAD)
The following findings describe the intent and purpose of this ordinance:
a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs
land use and development within the City Limits.
b. From time to time the City undertakes to revise its zoning ordinances to improve the
quality of land development and align the Code with state law and contemporary
planning concepts.
c. The City has also adopted a Moderate Income Housing Plan and is in the process of
reviewing barriers to the construction of housing in the community.
d. Council is in support of eliminating barriers to housing.
e. The City Council adopted the Moab Area Affordable Housing Plan as an addendum to
the City of Moab General Plan on January 8, 2017.
f. Housing stock in Moab is being consumed by nightly rentals, second homes, and tourism
related lodging so persons employed in tourism and lodging -related occupations are
unable to afford housing given current wage and housing trends.
g.
Concurrently, the cost of housing has become increasingly unaffordable, with a median
home prices of $325,000.00, as compared to annual household median income of
$42,200.00.
h. The lack of affordable housing can result in crowding, undesirable living conditions, and
a decrease in the quality of life for Moab workers and their families.
i. The City has committed to encouraging the development of affordable housing
opportunities by creating the Planned Affordable Development (PAD) housing option
j. The City finds that there is a public need to adopt Ordinance #2018-19 so additional
housing options may be provided through greater flexibility in residential development.
Now therefore, the City of Moab ordains the following amendments to the Moab Municipal
Code are adopted and effective immediately upon passage.
Chapter 17.68
PLANNED AFFORDABLE DEVELOPMENT
Sections:
17.68.010 Purpose
1iPage
17.68.020 Definitions
17.68.030 Permitted Locations
17.68.040 Allowable Densities
17.68.050 Performance Standards
17.68.060 Application Review Procedures
17.68.070 Submittal Requirements
17.68.080 Subdivision and Site Plan Requirements
17.68.090 Miscellaneous Provisions
17.68.100 Appeal Procedures
17.68.110 Development Improvements Agreement
17.68.120 Affordability Controls
17.68.130 Land Use Restriction Agreement and Covenants
17.68.140 Impact Fees
17.68.150 Enforcement
17.68.10 Purpose
A. The purpose of this Chapter is to allow Planned Affordable Developments (PAD) that
provide incentives for the development of affordable housing. To qualify as PAD affordable
housing units within a development are subject to deed restrictions that preserve the
affordability of the units for a period of not less than fifty (50) years. The affordability
controls provided in this Chapter are voluntary, entered into by contract between the City and
the applicant in exchange for the zoning concessions authorized herein.
B. As applicable to PAD developments, the provisions of this Chapter supersede any conflicting
or inconsistent provisions which may be found elsewhere in the Moab Municipal Code.
17.68.020 Definitions
The following definitions apply in this Chapter:
1. Adjacent" means a parcel of land that shares a boundary with the parcel of real property
included in an application under this Chapter.
2. "Advisory Documents" means planning documents adopted by the City from time to
time, including: the Moab General Plan; Storm Water Management Master Plan; Sanitary
Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Pre -disaster
Master Plan; or similarly adopted planning documents.
3. "Affordable Housing" means housing developed pursuant to this Chapter in which the
sales price of the lot or unit, or the rental rate for each unit, does not exceed the sums
deemed affordable to individuals and families with annual incomes of one hundred
percent (100%) or less of Grand County Area Median Income (AMI), as determined by
the U.S. Department of Housing and Urban Development (HUD) and the requirements of
this Chapter. Affordable housing is further defined by the following income
subcategories:
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a. "Moderate Income" means household income which is between eighty percent (80%)
and one hundred percent (100%) of Grand County Area Median Income as defined by
HUD.
b. "Low Income" means household income which is more than thirty percent (30%) but
less than eighty percent (80%) of Grand County Area Median Income as defined by
HUD.
c. "Very Low Income" means household income which is thirty percent (30%) or less
than Grand County Area Median Income as defined by HUD.
d. "Extremely Low Income" means household income which is below thirty percent
(30%) than Grand County Area Median Income as defined by HUD.
4. "Affordable Housing Unit" means a unit of housing that is affordable to individuals and
families with annual incomes of one hundred percent (100%) or less of Area Median
Income within Grand County as calculated by HUD.
5. "Area Median Income (AMI)" means the published estimate of median income in Grand
County that is determined periodically by HUD, as adjusted for household size.
6. "Construction Requirement" means the requirement that new commercial uses construct
a specified number of affordable housing units pursuant to the formula specified by
Section 17.69.050.
7. "Dedication Requirement" means the conveyance of real property for affordable housing
purposes as provided by Section 17.69.060.
8. "Development" means new construction or remodeling of buildings or real property.
9. "Development Review Team (DRT)" means the committee of City employees including
the Planning Director, Public Works Director, Building Official, and such other persons
as may be designated by the City from time to time.
10. "Developer" means a person offering affordable housing units developed pursuant to this
Chapter for lease or rent to eligible persons.
11. "Development Improvements Agreement (DIA)" means a written agreement between an
applicant for a Planned Affordable Development and the City of Moab containing
specific requirements to ensure the construction of specified public or private
improvements, the phasing of construction, and security to ensure completion of
improvements as a condition for Final Plat/Plan approval.
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12. "Fee in Lieu of Construction or (FILC)" means the fee payable in connection with new
commercial development in lieu of the construction of affordable housing, as specified in
Section 17.69.040.
13. "Final Approval" means the approval, with or without conditions, given by the City
Council, providing the necessary authority for an applicant to: a) in the case of a PAD
subdivision, record the Final Plat and convey subdivision lots; or b) in the case of a PAD
rental development, proceed with development of rental units.
14. "Final Plat" means a map of a subdivision under this Chapter which has been surveyed
by a licensed professional land surveyor and acknowledged by the owner, and which
accurately depicts streets, alleys, easements, blocks, lots, survey monuments,
public/private improvements, and other attributes of a PAD subdivision.
15. "Final Site Plan" means a map of a rental development under this Chapter which has
been surveyed by a licensed professional land surveyor and acknowledged by the owner,
and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments,
building envelopes, public/private improvements, and other attributes of a PAD rental
development.
16. "Finished Floor Area means the total in square feet of all heated interior spaces of a
commercial development, inclusive of common areas, stairways, elevators, and service
areas.
17. "Habitable Room" means a heated room in a dwelling that is intended for human
occupation. Habitable rooms do not include bathrooms, closets, storage rooms, utility
spaces, or the like.
18. "Household" means a person living alone, or two or more persons, whether related by
blood or marriage or not, who reside together in a single dwelling unit.
19. "HUD" means the United States Department of Housing and Urban Development.
20. "Land Use Restriction Agreement (LURA)" means a contract between the City of Moab
and an affordable housing Developer or Subdivider which is recorded as an encumbrance
upon the real property to be developed, and which provides for continued enforcement of
the affordability provisions of this Chapter for a duration of not less than (50) years. A
LURA shall run with the land and be binding upon the parties and their successors in
title, as provided by its terms.
21. "Lot" means a tract of land defined in an approved plat which is developed for housing
and which may be conveyed to a buyer by deed.
22. "Market Rate" means a housing unit offered for sale or lease which is not subject to the
affordability controls of this Chapter.
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23. "Monitoring Agency" means the City of Moab, or its designee, charged with monitoring
and/or enforcement of the affordability provisions which accompany any affordable
housing developed pursuant to this Chapter, including any LURA provisions.
24. "Original Purchase Price" means the actual sales price for affordable housing units
developed under this Chapter calculated as follows: principal, interest, taxes, and
insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County
AMI for a household of four (4) divided by twelve (12) months. Assumptions used to
calculate the OPP shall be i) a five (5) percent down payment; ii) a thirty (30) year
mortgage term; and iii) a mortgage rate equal to the prevailing First Home rate, or its
equivalent, of the Utah Housing Corporation (or similar agency).
25. "Overnight Accommodations" means short term rentals for a period of less than thirty
(30) days provided to visitors, tourists, or similar persons who do not have a long-term
residence in Moab or Grand County.
26. "Public Dedication" means streets, sidewalks, parks, open space, trails, or other areas of
land or improvements to be dedicated to public use under this Chapter.
27. "Preliminary Plan" means a map of a rental development proposed under this Chapter
which has been surveyed by a licensed professional land surveyor and acknowledged or
authorized by the owner, and which accurately depicts streets, alleys, easements, blocks,
lots, survey monuments, building envelopes, public/private improvements, utilities, and
other attributes of a proposed PAD rental development. The Preliminary Plan shall
include such other submittals as to planned improvements as are required by this Chapter.
28. "Preliminary Plat" means a map of a subdivision development proposed under this
Chapter which has been surveyed by a licensed professional land surveyor and
acknowledged or authorized by the owner, and which accurately depicts streets, alleys,
easements, blocks, lots, survey monuments, building envelopes, public/private
improvements, utilities, and other attributes of a proposed PAD subdivision. The
Preliminary Plat shall include such other submittals as to planned improvements as are
required by this Chapter.
29. "Preliminary Approval" means an approval, with or without conditions, given by the land
use authority that provides the necessary authority for an applicant to proceed with the
preparation of the Final Plat or the Final Plan.
30. "Project Area means a defined tract of land, including all subsequent development
phases, that is proposed for a PAD development application, together with any lands
planned for commercial development which are subject to Chapter 17.69.
31. "Setback" means the minimum distance from a specified boundary that a structure or
other feature must be located.
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32. "Subdivider" means any person creating a subdivision pursuant to this Chapter and
offering affordable housing units or lots for sale to eligible persons.
33. "Subdivision" means a described tract of land that has been surveyed by a licensed
professional land surveyor and acknowledged or authorized by the owner, that describes
two or more lots which may be conveyed to buyers, and that accurately depicts streets,
alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed
PAD subdivision development.
34. "Site Plan" means a described tract of land proposed for rental development under this
Chapter which has been surveyed by a licensed professional land surveyor and
acknowledged or authorized by the owner, and which accurately depicts streets, alleys,
easements, blocks, lots, survey monuments, building envelopes, public/private
improvements, utilities, and other attributes of a proposed PAD rental development.
35. "Unit" means a residential dwelling containing, at minimum, a kitchen, bathroom (sink,
toilet, and a shower or bathtub), bedroom (or sleeping area), living room, parking, and
storage space. All habitable rooms shall be separate from the bathroom(s). A residential
unit may contain more than one bedroom, depending upon the needs of the development
and the housing market. Each housing unit shall be defined to have non-exclusive access
to common elements within the particular development.
17.68.030 Permitted Locations and Housing Types
A. Subject to the provisions of this Chapter, Planned Affordable Developments shall be allowed
in the following zoning districts:
1. Residential Zones: R-2, R-3, R-4, MH/RV-1 zones;
2. Commercial Zones: C-1, C-2, C-4, and C-5 zones.
B. Housing types for a PAD development shall conform to the types permitted in the underlying
zoning district, except that apartments or similar multi -family housing types shall be
permitted in PAD developments in the R-2 zoning district.
17.68.040 Minimum Project Area; Subdivision Lot Sizes
A. Provided that all requirement of this Chapter can be met, there is no minimum project area
required for a PAD development.
B. Provided that all requirements of this Chapter can be met, there is no minimum lot size for
lots within a PAD subdivision.
17.68.050 Performance Standards
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A. Affordability Concept. All applications shall provide housing which contains a
combination of one bedroom (or studio), two bedroom, or three bedroom units. The
application shall demonstrate that the units for sale or rent qualify as affordable housing, as
defined by this Chapter. Market rate units shall not exceed twenty percent (20%) of total
units in the project area. Units developed under this Chapter (including affordable and
market rate units) shall not be used or offered as overnight accommodations. Where an
application includes phased development, affordable units shall be constructed as part of
each phase. PAD developments shall meet the following requirements as to types of
affordable units within each application:
Total PAD Units
Market Rate Units
Moderate Income, Low
Very Low Income
2-4
1
5 — 19
20%
80%
20+
20%
75%
5%
B. Minimum Unit Sizes. All housing units developed under this Chapter shall contain, at
minimum: a kitchen; bathroom, including a sink, toilet, shower (or bathtub); bedroom (or
sleeping area); living area; parking; and storage space. Housing units may contain multiple
bedrooms or other functional spaces as needed. All housing units, and rooms within those
units, shall comply with applicable building code minimum requirements, including the
International Residential Code, as adopted by the State of Utah.
C. Height of structures. The maximum building height of all buildings in a PAD development
shall be as follows:
R-2, R-3, and R-4 Zoning District:
C-1, C-2, C-4, C-5 Zoning District:
30 feet
40 feet
Building height shall be measured from the average finished grade of the building to the
midpoint of the highest peak of the roof.
D. Setbacks; Adjacent Solar Access. Except as necessary to preserve solar access, as set forth
in subsection 1, below, the front, back, and side setbacks of a PAD development relative to
other properties shall be provided by the underlying zoning district.
PAD developments may be required to provide additional setbacks where necessary to
provide adequate solar access to adjacent properties located immediately to the north of the
project boundary.
E. Open space/Common Facilities. Projects shall include opens space for residents consistent
with the size and scope of the project area. Open space, such as landscaping, recreation
areas, entryways, commons spaces, bicycle racks, and setback areas shall comprise not less
than five percent (5%) of the project area. Required parking spaces, stairways, elevators, and
hallways shall not be calculated as open space.
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F. Stormwater. Projects shall include engineered plans for the detention and conveyance of
reasonably anticipated storm -water attributable to the project. Storm -water conveyances
shall not connect to sanitary sewers.
G. Sidewalks/trails. PAD developments shall incorporate elements to facilitate pedestrian and
bicycle access. Sidewalks are required along at least one side of all public street frontages.
Trails may be required to connect to existing or planned trail systems or public streets.
H. Parking. Vehicle parking shall be provided at a rate of one (1) off-street space per studio or
single bedroom unit. Units having two or more bedrooms shall have parking of not less than
one and one-half (1.5) spaces per bedroom. Parking areas shall be located within the
perimeter of the building envelope. Hard-scape semi -permeable materials may be used for
parking spaces, where appropriate.
I. Lighting. Adequate lighting must be provided for public spaces and common areas. Light
fixtures shall consist of a full cutoff, fully shielded, downward directed fixtures. Wall
mounted flood lights that direct outward toward other properties and roadways are prohibited
for this function.
J. Manufactured housing. All manufactured housing to be utilized in developments under this
Chapter shall comply with all other provisions of the building code.
K. Culinary Water/Sewer. All dwellings shall be served by municipal culinary water and
sewer service. Fire flows shall be provided and hydrants installed in conformity with
building codes and fire department requirements.
L. Streets. Developments shall provide adequate public street access to each dwelling. All
streets within an application shall be hard surfaced or paved and constructed in conformity
with City design specifications, as determined by Staff. Streets shall include concrete curb,
gutter, and sidewalk, and be configured to allow adequate vehicle and emergency access.
Streets shall be designed to promote efficient circulation and connectivity to other parcels
and the remainder of the City street system. Street signage must be installed consistent with
staff requirements.
M. Utilities_ Applications must include a utility plan showing feasibility and placement of
electrical, telephone, cable, and internet services.
N. Site Specific Elements or Standards. Depending on the scope of the project area, the City
may require that site -specific design elements or standards be incorporated into an
application as needed to address public safety, recreation, construction requirements, access,
connectivity, or future phases of development.
O. Storage. Each dwelling unit shall be provided with a separate, covered lockable storage
space which is at least large enough to store adult bicycles.
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P. All applications shall demonstrate substantial consistency with Advisory Documents. The
land use authority may deviate from Advisory Documents on a case by case basis upon a
showing of good cause.
Q. PAD subdivisions shall include the sale of an affordable housing unit together with the sale
of a lot, unless exempted by the terms of a development agreement.
17.68.060 Application Review Procedures
A. General Procedures
PAD applicants shall comply with the following review procedures.
1. Pre -application Meeting. A pre -application conference shall be held with planning staff
to discuss the proposed development concept, likely development issues, and the
requirements of this Chapter.
2. Application Submittal/Completeness Review. Upon submittal of an application and
payment of the required fees, City Staff will review the application to determine if it
includes, in form adequate for substantive review, all of the submittal materials required
by this Chapter. If an application is found to be deficient, City Staff will notify the
applicant of the deficiency in writing.
3. Staff Review. In every case the application will be reviewed by the DRT and review
agencies. The DRT may require that the applicant correct errors or incorporate design
changes consistent with applicable codes, design standards, and/or review criteria.
Where an application is substantially incomplete or grossly deficient, the staff may notify
the applicant in writing that the application will not be subject to further review until such
time as the enumerated defects are cured.
4. Planning Commission Review. Preliminary Plat or Preliminary Site Plans that have
completed Staff review will be forwarded to the Planning Commission with a Staff
recommendation. The Planning Commission shall hold a public hearing to review the
application and receive public comment, and it may: a) approve the application; b) deny
the application; c) approve the application subject to conditions; or d) table the
application pending receipt of additional information.
a. At preliminary plat/plan review the applicant shall demonstrate that the plat or
plan meets all submittal and performance criteria. Final construction drawings are
not required, but all submittals must demonstrate the feasibility of the final design
and conformity with this Chapter, applicable codes, and design standards.
5. Final Plat/Final Site Plan Review Procedures. When an applicant is ready to request
Final Site Plan or Final Plat approval a Final Plat or Site Plan shall be submitted for
review by Staff. Staff will review the design documents for completeness and verify that
they incorporate changes or conditions required at the preliminary approval stage.
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Additionally, all related documents and agreements, including a Subdivision
Improvements and Phasing Agreement, Land Use Restriction Agreement, and Covenants,
Conditions & Restrictions (if applicable), and final construction drawings shall be
reviewed and in final form prior to submittal to the City Council for final approval.
a. Final approval shall be in the form of an ordinance adopted by the City Council
incorporating all the design drawings, the Final Plat or Final Plan, the conditions,
and all development agreements comprising the PAD. Final approval is a
legislative decision of the City and constitutes a site -specific development plan
for all lands included in the project area.
17.68.070 Submittal Requirements
A. A PAD application must be submitted to the Planning Department on the approved
application form, together with the required review fee. The application must be signed by
the record property owner or, if the applicant is not the owner, the applicant must deliver
proof of approval signed by the owner. Components of the application submittal may
contain multiple plan sets or reports, provided, that they are clear, legible, and successfully
demonstrate the purposes required under this Chapter. Unless waived by the Planning
Director, the application must include four copies and electronic PDF copies of all design
drawings and submittals. The application must include the following:
1. Preliminary Site Plan. Applicants for a PAD rental development shall submit a
preliminary site plan (with requirements as listed below), drawn to a scale of not less than
one -inch equals fifty feet (on paper no larger than twenty-four inches by thirty-six inches)
that shall include:
a. Parcel Boundary Lines. Include all easements, setbacks, and construction limits
of the project area;
b. Drives, Streets, and Rights -of -Way. Include widths of pavement, curb and
gutter, and dimensions of rights -of -way;
c. Parking and Loading. The parking plan must include a count of spaces nd
details of handicap parking spaces as well as indicate the location and types of
exterior lighting proposed for the area;
d. Access. Include all points of ingress, egress. For developments adjacent to and
accessed by a state or federal highway, a completed highway access permit
application from the Utah Department of Transportation (UDOT) must be
submitted with the application, with a permit issued prior to building permit
approval;
e. Refuse Areas. Drawings of the refuse enclosures must be included;
f. Common Open Space. All open space, common areas, parks, sidewalks, and
trails (with required connectivity) must be clearly depicted;
10lPage
g.
Topography. All site conditions including terrain contours, drainage areas, and
other physical features on or within one hundred feet of the site must be shown;
existing and finished grades must be clearly shown in different shades or contour
depictions; all elevations shall be shown in the most current North American
Vertical Datum (NAVD). Applications may contain this topographic survey on
the site plan or as a separate document.
h. Use Types. Specific areas proposed for specific types of land use shall be shown,
and must include the acreage or square footage for each area;
i. Public Dedications. Areas proposed for public dedication (i.e., utility
easements, trails, open space, or the like) shall be depicted;
J.
Lots or Plots. The dimensions and area for each lot or unit must be shown;
k. Adjacent Zoning. Zoning for adjacent properties within three hundred feet of the
subject property shall be shown;
1. Fire Hydrants. The locations of all fire hydrants;
m. Title Block. A title block shall appear in the lower right-hand corner of all pages
of plans and plats and shall contain the name of the development; legal location of
the property; name and contact information of the site engineer/surveyor; the
name of the development; and the drawing scale and compass point;
n. Vicinity Map. A regional or vicinity map shall accompanythe submitted
application to indicate the location of the project; and
o. Legal Description. The legal description of the project area.
2. Floor Plan and Elevations. A floor plan, at a minimum, shall consist of a drawing to
scale showing a view from above, of the relationships between rooms, spaces and other
physical features at each floor level of a structure. All dimensions shall be drawn
between the walls to specify room sizes and wall lengths. The floor plan shall show the
physical layout of:
a. Interior walls and hallways;
b. Bathrooms;
c. Windows, doors, landings, decks, and patios;
d. Plumbing features such as sinks, showers, bathtubs, HVAC elements, etc.;
e. Locations of electrical panels and service connections;
f. The planned uses of all buildings and rooms;
g. All finished first floor elevations;
h. Elevation view drawings shall show all side elevations of existing and proposed
structures, and shall depict exterior architectural elements and materials, as well
as heights of the structure.
11 l Page
3. Lighting Plan. The lighting plan shall show number and types of fixtures for walkways,
building exterior lighting, and parking areas. An acceptable lighting plan shall consist of
full cutoff, fully shielded, downward directed lighting types. The plan shall include
manufacturer's information detailing the fixtures to be used. Internal or external
shielding may be used to prevent glare toward other properties or into the roadway. Wa11
mounted flood lights that direct outward toward other properties and roadways are
prohibited. If future ordinances addressing lighting are adopted, those requirements shall
supersede the above in the case of conflicts.
4. Landscape Plan. The landscape plan shall include size and species of all plantings, an
irrigation plan, and a care and maintenance plan. A11 applicable code sections of the
Moab Municipal Code must be used to develop the landscape plan, including
Chapter 12.24, Tree Stewardship.
5. Wetlands, Riparian Areas, and Floodways. If the development is adjacent to riparian
areas, flood zones, probable wetlands, or areas where stream channels may be altered by
planned development, wetlands, riparian areas, and floodway plan drawn by an engineer,
surveyor, or other appropriate consultant must be submitted. Probable wetlands shall be
described and delineated. All applications shall show compliance with Chapter 15.40,
Flood Damage Prevention. Flood zone boundaries and the base flood elevation must be
shown. Where the application includes areas that may be subject to flooding the
applicant shall show that the elevation of the lowest floor of all structures exceeds the
elevation which is above the base flood elevation. All elevations on the plan shall be
shown in the most current North American Vertical Datum (NAVD).
6. Storm Water Drainage Plan. A stormwater drainage plan, signed and stamped by an
engineer, shall be submitted and show calculations and other information specified
below. The plan shall comply with the City of Moab/Grand County Design Criteria for
Drainage Studies, as adopted or updated by the City from time to time. The stormwater
drainage plan shall be reviewed for compliance with other applicable Advisory
Documents. The stormwater drainage plan shall include, at a minimum, the following
information:
a. The project site, including areas three hundred feet beyond its boundaries;
b. Existing contours at two -foot intervals shown as dashed lines;
c. Proposed contours at two -foot intervals shown as solid lines;
d. Indication of a permanent benchmark referenced to mean sea level;
e. Drainage system shown in plan view with estimated cubic -feet -per -second flow for a
one -hundred -year storm event;
f. Locations of all -natural drainage channels and water bodies;
g. Existing and proposed drainage easements;
h. Type, size, and location of existing and proposed drainage structures such as pipes,
culverts, inlets, ditches, swales, retention ponds, detention areas, etc.;
i. One -hundred -year event (base) flood areas;
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j. Additional grading and drainage elements may be required to be depicted to satisfy
Federal Emergency Management Administration (FEMA) floodplain requirements or
other applicable city flood damage prevention ordinances;
k. Erosion control plans showing adequate sedimentation control which shall be
accomplished throughout construction phases as well as during the ongoing use of the
site (e.g., sedimentation ponds, dikes, seeding, retaining walls, rip -rap, etc.); and
1. All structures for drainage and flood control shall be designed, at a minimum, to
successfully convey the anticipated one -hundred -year frequency storm vent for
maximum period of intensity over the entire drainage basin. The applicant shall
submit calculations to show that all structures have adequate capacity to
accommodate flows expected to result from the designated storm event.
7. Grading Plan. A grading plan for surface drainage (shown by contours and spot
elevations) shall be prepared by an engineer or surveyor. It shall show the planned
grading and paving of driveways, access roads, and parking areas. Grading and paving
shall be shown on plans, profiles, cross sections, and details as necessary to describe new
construction. Details of curbs, gutters, sidewalks, drainage structures, and conveyance
systems, dimensions of all improvements, size, location, thickness, materials, strengths,
and necessary reinforcement must be shown.
8. Utility Plan. A utility plan shall be prepared by an engineer. It shall show the locations,
dimensions, and elevations of all sewer facilities and culinary water facilities needed to
serve the site. The utility plan shall specify in reasonable detail the types of equipment
and materials to be used and shall comply with all applicable Advisory Documents or
City engineering requirements. Plans showing the locations of natural gas, electric, and
telephone/data lines must also be shown.
9. Evidence of Title/Covenants. A current title insurance commitment, ownership and
encumbrance report, or abstract of title prepared by a title insurance company or attorney
showing all ownership interests, easements, and encumbrances which apply to the
parcel(s) comprising the application must be submitted. If requested, the applicant shall
provide copies of all recorded documents which may affect the property subject to the
application. If common elements or private use restrictions are anticipated, the applicant
must submit draft covenants, conditions, and restrictions (CC&Rs) for review.
10. Slopes. If proposed development is likely to result in the grading of hillsides, city staff
may require submittal of a slope study prepared by an engineer or surveyor. Applications
will also be reviewed for compliance with Chapter 17.55, Hillside Developments.
11. Surface and Subsurface Soils Report. The application shall include a surface and
subsurface soils report establishing soil suitability for the proposed development. The
report shall be prepared by a geotechnical engineer or other professional, if approved by
city staff. At a minimum, the report shall include:
a. A description of soil types;
b. Locations and characteristics with supporting soil maps;
c. Soil logs of test pits and boreholes;
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d. A11 other information necessary to determine soil suitability for the scope of the
development and constraints on development based on the findings;
e. Analysis and evaluation of such information with recommendations regarding
structural constraints, erosion control, and requirements for building design.
12. Traffic Study. A traffic study and parking and circulation study are required for projects
described as follows:
Single Family Housing, 50 units or more;
Apartments or townhouses, 85 units or more;
Mobile home parks, 100 units or more.
a. The Planning Director has discretion to require a traffic study for applications which
do not generate the level of trips specified where:
i. High traffic volumes on surrounding streets may affect movement to and from the
proposed development;
ii. There is a lack of existing left turn lanes on streets adjacent to the proposed access
drive;
iii. There are inadequate sight distances at access points; or
iv. Proposed access points are close to other existing drives or intersections.
13. Street Design Drawings. The application shall include drawings by an engineer showing
the design, grades, widths, and profiles of all streets, sidewalks, curbs, gutters, traffic
control devices, traffic signs, and associated public improvements. All street designs
shall conform to street classifications and design standards adopted by the City.
B. Additional Submittals --Waiver of Certain Submittals. The Planning Director has
discretion to require other submittals where appropriate for the review of a particular
application. Alternatively, the Planning Director has discretion to waive or modify any
requirement for a particular submittal if it is determined that the document or report is not
necessary, or if an alternate submittal is justified for the review of a particular
application. Any waiver shall be in writing labeled as a submittal waiver, shall identify the
project by name and application number, and shall be signed and dated by the Planning
Director.
C. Conformity with Submittal Standards. All submittals must conform to the land use
submittal standards adopted by the City. Submittals which do not clearly or accurately depict
elements required for review of the project may be rejected, or staff may require revisions
during the review process.
D. Affordable Housing Development Plan. The Affordable Housing Development Plan shall
contain, at a minimum, the following information:
1. A general description of the development, including whether the development will
contain units for rent or sale;
2. The total number of market -rate units and affordable housing units and a depiction of
where those units will be situated on the plat/plan;
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3. The square footage of each market -rate unit and of each affordable unit measured
from the interior walls of the unit;
4. The estimated sale price or monthly rent for each market -rate unit or lot and each
affordable housing unit;
5. If construction of dwelling units is to be phased, a phasing plan stating the number of
market -rate and affordable housing units in each phase; and
6. Statistical information as to the project area, developed area square footage, open
space area, area and number of parking spaces, and the like shall be included.
7. Affordability calculations and assumptions demonstrating that the housing will be
affordable under current economic conditions.
E. Departmental Standards. All developments pursuant to this Chapter shall comply with
departmental standards published by the City.
17.68.080 Miscellaneous Provisions
A. Variances --Exceptional Conditions. In cases where unusual topographic or other
exceptional conditions would pose a hardship on the applicant, variances from the strict
requirements of this Chapter may be made by the City Council at the time of Final Plat/Plan
review. Staff shall provide a recommendation with respect to the proposed variance. The
City Council may grant a variance, provided that it will not result in substantial detriment to
the public good and will not substantially impair the intent and purpose of this Chapter.
B. Accessory Dwelling Units Prohibited. Accessory dwelling units are not permitted within a
PAD development.
C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration, change, or
amendment to an approved PAD plat must comply with the notice requirements of U.C.A.
10-9a-205 and the requirements changes to a platted subdivision outlined by the U.C.A. 10-
9a-608.
D. Decision Matrix. Decisions under this Chapter shall be made by the following:
Application/Action
Advisory Body
Land Use
Authority
Appeal Body
Required
Public
Hearing
Prelim. Plat/ Prelim. Site
Plan
City Staff
Planning
Commission
AA
Yes, (PC)
Final Plat/Site Plan
City Staff
City Council
District Court
No
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Application/Action
Advisory Body
Land Use
Authority
Appeal Body
Required
Public
Hearing
Amend Plat*
Planning Commission
City Council
District Court
Yes, PC &
CC
Modify Lot Lines
City Staff
City Council
District Court
No
* If all owners within the plat sign to permit amendment and the area does not include vacation of a public right of
way, then the City Council may approve the application without a public hearing.
AA means the Appeal Authority, as specified in MMC 17.72.120
E. Proof of Sewer or Water Availability for Non -City Authorities. Where the City is not
able to provide culinary water or sewer service to a proposed development, the applicant will
be required to provide a current letter from the water or sewer service provider demonstrating
that water and sewer service is available to the subject site.
17.68.100 Appeal Procedures
A. Any person adversely affected by a preliminary land use decision, including a decision by the
Planning Commission approving or denying a preliminary Plat or Plan, may appeal that
decision to the Appeal Authority, and the appeal shall be governed by the procedures in
MMC § 1.72.120 through 170.
B. Any person adversely affected by a final land use decision of the City Council under this
Chapter may appeal that decision by filing an action in the District Court for Grand County,
Utah.
C. Exhaustion of all administrative remedies shall be required prior to any applicant seeking
judicial review of any final decision pursuant to this Chapter. Failure to exhaust
administrative remedies shall result in the action or suit being dismissed.
D. A judicial action seeking review or appeal of a final decision or action under this Chapter
must be filed no later than thirty (30) calendar days from the date of the decision or order that
is the subject of the appeal.
E. Upon the commencement of a judicial appeal challenging any decision under this Chapter,
the City shall promptly transmit to the district court true and correct copies of all submittals,
testimony, orders, and file documents comprising the record pertaining to the application,
including any transcript or tape recordings of proceedings.
F. There shall be no judicial review of legal claims or points of error which are not first
presented for review or decision to the land use authority.
G. In any review pursuant to this Chapter (whether administrative or judicial), the reviewing
body shall presume the decision made under this Chapter is valid. A final decision of the
City Council shall be affirmed if it is found to be within the scope of legislative discretion.
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H. Disputes concerning or arising from administration of this Chapter after final land use
approval, including but not limited to enforcement of the Land Use Restriction Agreement,
affordability controls of this Chapter, or the like, shall be heard by the District Court, Grand
County, Utah.
17.68.110 Development Improvements Agreement
A. The Development Improvements Agreement (DIA) shall be approved by the City Council at
the time of approval of the Final Plat or Final Site Plan. A DIA between the City and the
applicant is required to specify the overall development plan in writing and is a condition
precedent to the commencement of construction. The DIA shall set forth the commitments
and obligations of the City of Moab and the applicant, including, as necessary, a financial
assurance for required public improvements, the applicant's phasing plan, and other details
particular to the development. The DIA shall be subject to review and approval by the City
Council and must be consistent with all prior approval conditions applicable to the approved
plan.
B. The DIA may require that an applicant provide a performance bond, letter of credit, or other
financial assurance to secure completion of required improvements, and/or as a condition for
Final Plat or Final Site Plan approval. The financial assurance shall be provided in an
amount equal to one hundred fifty percent (150%) of the estimated cost of all required public
improvements, including: landscaping; road improvements; pedestrian ways, trails,
sidewalks, curbs, and gutters; street lighting and signage; culinary water lines and fire
hydrants; sewer lines and sewage disposal facilities; and storm -water improvements. City
staff shall verify the correct amount of the financial assurance based upon review of the cost
of the required improvements. Not more than ten percent (10%) of the financial assurance
may be held to secure any warranty claims, as provided in the DIA.
C. With respect to a PAD subdivision, no final plat for the subdivision, or any phase thereof,
and no building permit for construction upon any lot within the subdivision shall be executed
by the City until such time as either: 1) all public improvements are completed in accordance
with the DIA and accepted by the City; or 2) a financial assurance as required by this Chapter
is provided to the City. A Subdivider shall not convey or attempt to convey any lot prior to
the recording of the final plat, and any purported conveyance in violation of this subsection
shall be void.
D. With respect to a PAD rental development, no final site plan for the development, or any
phase thereof, and no building permit for construction of housing units within the
development, shall be executed by the City until such time as either: 1) all public
improvements are completed in accordance with the DIA; or 2) a financial assurance as
required by this Chapter is provided to the City. A Developer shall not convey or attempt to
enter into any lease prior to the execution of the final site plan, and any purported lease or
rental contract entered into in violation of this subsection shall be void.
E. All public improvements shall be warranted against defects in materials and workmanship for
a period of not less than one (1) year from the date of acceptance by the City. Upon
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expiration of any warranty period the financial assurance provided by this Section shall be
released.
17.68.120 Affordability Controls
A. Eligibility- General Policy. All affordable housing developed pursuant to this Chapter,
including rental units and units (or lots) for sale, shall be leased or sold to persons who meet
the eligibility requirements of this Chapter. The Developer or Subdivider shall at all times
assure that affordable housing units are transferred to eligible persons, and it shall provide
proof of its compliance with all eligibility and affordability controls to the City or its
designated Monitoring Agency biennially and/or upon written request. Prospective tenants
or purchasers of affordable housing shall provide verification of their eligibility to either the
Developer or Subdivider at the time they apply for housing subject to this Chapter.
To be eligible to occupy affordable housing under this Chapter the following criteria must be
met:
1. The persons comprising the household must have a combined household income
which does not exceed one hundred percent of the Grand County, Utah, Area Median
Income (AMI), as published by HUD from time to time.
2. All persons occupying affordable housing must utilize the housing as their sole place
of residence. Leasing of sales units, subleasing or assignment of rental agreements,
or overnight lodging uses, shall not be permitted in PAD developments.
B. Rent Calculation. The Developer offering affordable housing units for lease shall set the
monthly rental rate at an amount (assuming a three -bedroom unit) that does not exceed thirty
percent (30%) of the area median income (AMI) for a Grand County household of four
persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental
Rate). Units with greater than or less than (3) bedrooms shall be rented at a rate which is
adjusted proportionately. As an illustration, the allowed monthly rent for an Affordable Unit
based on Grand County AMI of $55,000 would be as follows:
3 bedroom: AMI $55,000 x 30% ± 12
2 bedroom:
1 bedroom:
= $1,375.00 per month;
= $915.75;
= $457.88.
1. Inflation adjustments in the Allowed Rental Rate shall be made annually, as of January of
each calendar year, and shall be based upon the year to year increase in the Consumer
Price Index (CPI-U), West Region, as published by the United States Department of
Labor, Bureau of Labor Statistics. The City or the Monitoring Agency will publish the
inflation adjustment and provide same to Developers for purposes of calculating Allowed
Rental Rate increases.
2. Nothing in this Chapter shall preclude a Developer from entering into a fixed rental rate
lease with a tenant who is otherwise compliant with this Chapter at the time of execution.
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C. Sales Eligibility, Additional Requirements. In addition to the general qualifications set
forth in Subsection B, above, persons who purchase affordable housing units pursuant to this
Chapter shall comply with the following criteria at the time of purchase:
Total household net assets (asset value after deduction of the value of any liens -such as a car
loan) shall not exceed two times the Original Purchase Price (OPP) of the housing unit.
D. Sales Price Calculation; Subsequent Sales. The Original Purchase Price for affordable
housing units developed pursuant to this Chapter shall be calculated as follows: principal,
interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the
Grand County AMI for a household of four divided by twelve (12) months. Assumptions
used to calculate the OPP shall be: i) a five percent (5%) down payment; ii) a 30-year
mortgage term; and a mortgage rate equal to the prevailing First Home rate, or its equivalent,
of the Utah Housing Corporation (www.untahhousingcorp.org) (or equivalent).
E. Maximum Appreciation. To assure continued affordability, each affordable housing unit
developed under this Chapter shall be subject to a deed restriction, in a form approved by the
City, which caps appreciation which may be earned upon subsequent sale of the unit. The
Maximum Resale Price (MRP) shall be the OPP plus the following:
1. An increase in price of no more than three percent (3%) per year from the date of
purchase to the date of sale, prorated for each month less than a calendar year; and
2. The actual cost of any capital improvements to the unit, including by way of example: i)
the addition of finished living space; ii) remodeling of a kitchen or bath; iii) replacement
of major components such as heating systems, cooling systems, windows, roofing, siding
or the like; provided that the improvements have been permitted and inspected by the
City Building Official. The property owner is responsible for documenting the value of
all such improvements at the time of permitting. In no event shall capital improvements
exceed five percent (5%) of the MRP.
17.68.130 Land Use Restriction Agreement and Covenants
A. At the time of final approval of every PAD, the City and the Developer/Subdivider shall
execute and record in the land records a Land Use Restriction Agreement (LURA)
implementing and providing for enforcement of the affordability controls specified in this
Chapter. The LURA shall be a deed restriction running with the land, and binding upon the
original grantor, and all successors and assigns in title. The LURA shall provide, at a
minimum, the following:
1. The affordable housing units shall be leased or sold to, and occupied by, eligible persons;
2. The affordable housing units shall be leased at rent levels affordable to eligible persons
for a period of not less than fifty (50) years from the date of the initial certificate of
occupancy;
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3. The affordable housing units shall be sold at sales prices affordable to eligible persons for
a period of not less than fifty (50) years from the date of the initial certificate of
occupancy;
4. Subleasing of PAD rental units or leasing of PAD sales units is prohibited;
5. The number of affordable units shall not be reduced and shall remain at the originally
approved affordability level for a period of not less than fifty (50) years; and
6. Provisions for enforcement and monitoring of the Affordability Controls, including (as
applicable) specific performance, damages, and an award of attorney fees and costs in the
event of a violation.
B. Maintenance. For PAD rental developments the LURA shall contain provisions providing
that the owner shall maintain all units in a safe, sanitary, and functional condition in
accordance with the provisions of the International Property Maintenance Code, as adopted
by the City, or its equivalent.
C. Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the
recording of the Final Plat for a PAD subdivision or prior to the execution of a Final Site
Plan for a PAD rental development.
D. Monitoring. The Developer shall manage and operate all affordable units and shall submit
an annual report to the City of Moab, or its Monitoring Agency, identifying which units are
affordable units in a Planned Affordable Development, the monthly rent for each unit,
vacancy information for each year for the prior year, monthly income for tenants of each
affordable units, and other information as required by the LURA. The annual report shall
contain information sufficient to determine whether tenants are eligible for affordable
housing as provided by this Chapter.
1. A Subdivider marketing affordable units for sale shall submit an annual report to the City
identifying all affordable units sold in the last calendar year, the Original Purchase Price
for each unit, and information sufficient to verify purchaser eligibility, as required by the
LURA. The annual report shall contain information sufficient to determine whether
home purchasers are eligible for affordable housing as provided by this Chapter.
2. The City or its Monitoring Agency shall be authorized to audit and review all Developer
and Subdivider records pertaining to housing developed under this Chapter to verify
compliance with this Chapter and all Affordability Controls.
E. Extension of the LURA. The duration of the LURA may be extended for additional
successive ten (10) year terms if the City Council certifies in writing at or before the
expiration that there is a continuing need for affordable housing, and that it is reasonable that
the affordability controls continue. In that case the owner or the City shall execute any
necessary documents to give effect to this provision.
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F. Covenants. Covenants, conditions, and restrictions (CCRs) for a PAD subdivision shall be
reviewed and subject to approval by the City contemporaneous with final plat approval. The
CCR shall provide mechanisms for enforcement of community rules, collection of
assessments (if applicable), and maintenance of common areas.
17.68.140 Impact Fees
In conjunction with final approval of any PAD development the City Council may waive all or a
part of the impact fees which would otherwise be payable for the development. Any waiver shall
be vested in the discretion of the City Council, based on the merits of the application in attaining
the affordability goals of this Chapter.
17.68.150 Enforcement
A. A Developer, Subdivider, or successor in title who fails to comply with the Development,
Improvements Agreement, the LURA, or any other agreements, development approvals, or
provisions of this Chapter shall be issued a notice of violation and informed of the default
under the applicable agreement. Each such person shall be given a reasonable period of time,
not to exceed thirty (30) days, in which to cure any default or breach under the applicable
agreement.
B. Upon declaration of default the City may exercise any remedies for violation available under
City ordinances or Utah statutes, including, without limitation: i) proceeding against the
financial assurance; ii). withholding building permits, certificates of occupancy, or
certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning
violations or breach of the agreement; iv) recording an affidavit of a lapse of plat/plan, in
whole or in part; v) commencing an action for damages —including, but not limited to,
damages for costs incurred in completing, repairing, or replacing required improvements or
abating any violations; and/or vi) any other remedies available at law or equity, including the
remedy of specific performance. The City may combine remedies in its discretion and
pursue some or all at different times, as may fit the applicable breach. In any action for
injunctive relief the City need only prove a default or violation under this Chapter, and such
relief shall be granted without the necessity of bond.
C. The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all
prior land use approvals and the voiding of the subdivision of lots or the site plan within the
real property specified in the affidavit.
D. With respect to any default under the LURA or any other affordability controls of this
Chapter, in addition to the remedies specified above, the City may obtain restitution or
disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title
from any leasing, sale, or other disposition of affordable housing units in violation of the
affordability controls of this Chapter. In the alternative, the City may levy liquidated
damages in the amount of five thousand dollars ($5,000.00) per violation.
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E. In any enforcement proceedings under this section the City shall be entitled to recover its
reasonable attorney fees and court costs, in addition to any other relief provided.
Passed and adopted by action of the City Council this day of
2018. This ordinance shall take effect immediately upon passage.
By:
Mayor Emily Niehaus
Attest:
By:
Rachel Stenta, Recorder Date
22lPage
CITY OF MOAB ORDINANCE #2018-19
AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE BY
ADDING A NEW CHAPTER 17.68 PLANNED AFFORDABLE DEVELOPMENT (PAD)
The following findings describe the intent and purpose of this ordinance:
a. The City has enacted Title 17.00, Zoning, of the Moab Municipal Code, which governs
land use and development within the City Limits.
b. From time to time the City undertakes to revise its zoning ordinances to improve the
quality of land development and align the Code with state law and contemporary
planning concepts.
c. The City has also adopted a Moderate Income Housing Plan and is in the process of
reviewing barriers to the construction of housing in the community.
d. Council is in support of eliminating barriers to housing.
e. The City Council adopted the Moab Area Affordable Housing Plan as an addendum to
the City of Moab General Plan on January 8, 2017.
f. Housing stock in Moab is being consumed by nightly rentals, second homes, and tourism
related lodging so persons employed in tourism and lodging -related occupations are
unable to afford housing given current wage and housing trends.
g.
Concurrently, the cost of housing has become increasingly unaffordable, with a median
home prices of $325,000.00, as compared to annual household median income of
$42,200.00.
h. The lack of affordable housing can result in crowding, undesirable living conditions, and
a decrease in the quality of life for Moab workers and their families.
i. The City has committed to encouraging the development of affordable housing
opportunities by creating the Planned Affordable Development (PAD) housing option
j. The City finds that there is a public need to adopt Ordinance #2018-19 so additional
housing options may be provided through greater flexibility in residential development.
Now therefore, the City of Moab ordains the following amendments to the Moab Municipal
Code are adopted and effective immediately upon passage.
Chapter 17.68
PLANNED AFFORDABLE DEVELOPMENT
Sections:
17.68.010 Purpose
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17.68.020 Definitions
17.68.030 Permitted Locations
17.68.040 Allowable Densities
17.68.050 Performance Standards
17.68.060 Application Review Procedures
17.68.070 Submittal Requirements
17.68.080 Subdivision and Site Plan Requirements
17.68.090 Miscellaneous Provisions
17.68.100 Appeal Procedures
17.68.110 Development Improvements Agreement
17.68.120 Affordability Controls
17.68.130 Land Use Restriction Agreement and Covenants
17.68.140 Impact Fees
17.68.150 Enforcement
17.68.10 Purpose
A. The purpose of this Chapter is to allow Planned Affordable Developments (PAD) that
provide incentives for the development of affordable housing. To qualify as PAD affordable
housing units within a development are subject to deed restrictions that preserve the
affordability of the units for a period of not less than fifty (50) years. The affordability
controls provided in this Chapter are voluntary, entered into by contract between the City and
the applicant in exchange for the zoning concessions authorized herein.
B. As applicable to PAD developments, the provisions of this Chapter supersede any conflicting
or inconsistent provisions which may be found elsewhere in the Moab Municipal Code.
17.68.020 Definitions
The following definitions apply in this Chapter:
1. Adjacent' means a parcel of land that shares a boundary with the parcel of real property
included in an application under this Chapter.
2. "Advisory Documents" means planning documents adopted by the City from time to
time, including: the Moab General Plan; Storm Water Management Master Plan; Sanitary
Sewer Master Plan; Water Storage Distribution Master Plan; Natural Hazards Pre -disaster
Master Plan; or similarly adopted planning documents.
3. "Affordable Housing" means housing developed pursuant to this Chapter in which the
sales price of the lot or unit, or the rental rate for each unit, does not exceed the sums
deemed affordable to individuals and families with annual incomes of one hundred
percent (100%) or less of Grand County Area Median Income (AMI), as determined by
the U.S. Department of Housing and Urban Development (HUD) and the requirements of
this Chapter. Affordable housing is further defined by the following income
subcategories:
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a. "Moderate Income" means household income which is between eighty percent (80%)
and one hundred percent (100%) of Grand County Area Median Income as defined by
HUD.
b. "Low Income" means household income which is more than thirty percent (30%) but
less than eighty percent (80%) of Grand County Area Median Income as defined by
HUD.
c. "Very Low Income" means household income which is thirty percent (30%) or less
than Grand County Area Median Income as defined by HUD.
d. "Extremely Low Income" means household income which is below thirty percent
(30%) than Grand County Area Median Income as defined by HUD.
4. "Affordable Housing Unit" means a unit of housing that is affordable to individuals and
families with annual incomes of one hundred percent (100%) or less of Area Median
Income within Grand County as calculated by HUD.
5. "Area Median Income (AMI)" means the published estimate of median income in Grand
County that is determined periodically by HUD, as adjusted for household size.
6. "Construction Requirement' means the requirement that new commercial uses construct
a specified number of affordable housing units pursuant to the formula specified by
Section 17.69.050.
7. "Dedication Requirement' means the conveyance of real property for affordable housing
purposes as provided by Section 17.69.060.
8. "Development' means new construction or remodeling of buildings or real property.
9. "Development Review Team (DRT)" means the committee of City employees including
the Planning Director, Public Works Director, Building Official, and such other persons
as may be designated by the City from time to time.
10. "Developer" means a person offering affordable housing units developed pursuant to this
Chapter for lease or rent to eligible persons.
11. "Development Improvements Agreement (DIA)" means a written agreement between an
applicant for a Planned Affordable Development and the City of Moab containing
specific requirements to ensure the construction of specified public or private
improvements, the phasing of construction, and security to ensure completion of
improvements as a condition for Final Plat/Plan approval.
Wage
12. "Fee in Lieu of Construction or (FILL)" means the fee payable in connection with new
commercial development in lieu of the construction of affordable housing, as specified in
Section 17.69.040.
13. "Final Approval" means the approval, with or without conditions, given by the City
Council, providing the necessary authority for an applicant to: a) in the case of a PAD
subdivision, record the Final Plat and convey subdivision lots; or b) in the case of a PAD
rental development, proceed with development of rental units.
14. "Final Plat" means a map of a subdivision under this Chapter which has been surveyed
by a licensed professional land surveyor and acknowledged by the owner, and which
accurately depicts streets, alleys, easements, blocks, lots, survey monuments,
public/private improvements, and other attributes of a PAD subdivision.
15. "Final Site Plan" means a map of a rental development under this Chapter which has
been surveyed by a licensed professional land surveyor and acknowledged by the owner,
and which accurately depicts streets, alleys, easements, blocks, lots, survey monuments,
building envelopes, public/private improvements, and other attributes of a PAD rental
development.
16. "Finished Floor Area means the total in square feet of all heated interior spaces of a
commercial development, inclusive of common areas, stairways, elevators, and service
areas.
17. "Habitable Room" means a heated room in a dwelling that is intended for human
occupation. Habitable rooms do not include bathrooms, closets, storage rooms, utility
spaces, or the like.
18. "Household" means a person living alone, or two or more persons, whether related by
blood or marriage or not, who reside together in a single dwelling unit.
19. "HUD" means the United States Department of Housing and Urban Development.
20. "Land Use Restriction Agreement (LURA)" means a contract between the City of Moab
and an affordable housing Developer or Subdivider which is recorded as an encumbrance
upon the real property to be developed, and which provides for continued enforcement of
the affordability provisions of this Chapter for a duration of not less than (50) years. A
LURA shall run with the land and be binding upon the parties and their successors in
title, as provided by its terms.
21. "Lot" means a tract of land defined in an approved plat which is developed for housing
and which may be conveyed to a buyer by deed.
22. "Market Rate" means a housing unit offered for sale or lease which is not subject to the
affordability controls of this Chapter.
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23. "Monitoring Agency" means the City of Moab, or its designee, charged with monitoring
and/or enforcement of the affordability provisions which accompany any affordable
housing developed pursuant to this Chapter, including any LURA provisions.
24. "Original Purchase Price" means the actual sales price for affordable housing units
developed under this Chapter calculated as follows: principal, interest, taxes, and
insurance (PITI) on the unit shall not exceed thirty percent (30%) of the Grand County
AMI for a household of four (4) divided by twelve (12) months. Assumptions used to
calculate the OPP shall be i) a five (5) percent down payment; ii) a thirty (30) year
mortgage term; and iii) a mortgage rate equal to the prevailing First Home rate, or its
equivalent, of the Utah Housing Corporation (or similar agency).
25. "Overnight Accommodations" means short term rentals for a period of less than thirty
(30) days provided to visitors, tourists, or similar persons who do not have a long-term
residence in Moab or Grand County.
26. "Public Dedication" means streets, sidewalks, parks, open space, trails, or other areas of
land or improvements to be dedicated to public use under this Chapter.
27. "Preliminary Plan" means a map of a rental development proposed under this Chapter
which has been surveyed by a licensed professional land surveyor and acknowledged or
authorized by the owner, and which accurately depicts streets, alleys, easements, blocks,
lots, survey monuments, building envelopes, public/private improvements, utilities, and
other attributes of a proposed PAD rental development. The Preliminary Plan shall
include such other submittals as to planned improvements as are required by this Chapter.
28. "Preliminary Plat" means a map of a subdivision development proposed under this
Chapter which has been surveyed by a licensed professional land surveyor and
acknowledged or authorized by the owner, and which accurately depicts streets, alleys,
easements, blocks, lots, survey monuments, building envelopes, public/private
improvements, utilities, and other attributes of a proposed PAD subdivision. The
Preliminary Plat shall include such other submittals as to planned improvements as are
required by this Chapter.
29. "Preliminary Approval" means an approval, with or without conditions, given by the land
use authority that provides the necessary authority for an applicant to proceed with the
preparation of the Final Plat or the Final Plan.
30. "Project Area means a defined tract of land, including all subsequent development
phases, that is proposed for a PAD development application, together with any lands
planned for commercial development which are subject to Chapter 17.69.
31. "Setback" means the minimum distance from a specified boundary that a structure or
other feature must be located.
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32. "Subdivider" means any person creating a subdivision pursuant to this Chapter and
offering affordable housing units or lots for sale to eligible persons.
33. "Subdivision" means a described tract of land that has been surveyed by a licensed
professional land surveyor and acknowledged or authorized by the owner, that describes
two or more lots which may be conveyed to buyers, and that accurately depicts streets,
alleys, easements, blocks, lots, survey monuments, and other attributes of a proposed
PAD subdivision development.
34. "Site Plan" means a described tract of land proposed for rental development under this
Chapter which has been surveyed by a licensed professional land surveyor and
acknowledged or authorized by the owner, and which accurately depicts streets, alleys,
easements, blocks, lots, survey monuments, building envelopes, public/private
improvements, utilities, and other attributes of a proposed PAD rental development.
35. "Unit" means a residential dwelling containing, at minimum, a kitchen, bathroom (sink,
toilet, and a shower or bathtub), bedroom (or sleeping area), living room, parking, and
storage space. All habitable rooms shall be separate from the bathroom(s). A residential
unit may contain more than one bedroom, depending upon the needs of the development
and the housing market. Each housing unit shall be defined to have non-exclusive access
to common elements within the particular development.
17.68.030 Permitted Locations and Housing Types
A. Subject to the provisions of this Chapter, Planned Affordable Developments shall be allowed
in the following zoning districts:
1. Residential Zones: R-2, R-3, R-4, MH/RV-1 zones;
2. Commercial Zones: C-1, C-2, C-4, and C-5 zones.
B. Housing types for a PAD development shall conform to the types permitted in the underlying
zoning district, except that apartments or similar multi -family housing types shall be
permitted in PAD developments in the R-2 zoning district.
17.68.040 Minimum Project Area; Subdivision Lot Sizes
A. Provided that all requirement of this Chapter can be met, there is no minimum project area
required for a PAD development.
B. Provided that all requirements of this Chapter can be met, there is no minimum lot size for
lots within a PAD subdivision.
17.68.050 Performance Standards
Wage
A. Affordability Concept. All applications shall provide housing which contains a
combination of one bedroom (or studio), two bedroom, for three bedroom units. The
application shall demonstrate that the units for sale or rent qualify as affordable housing, as
defined by this Chapter. Market rate units shall not exceed twenty percent (20%) of total
units in the project area. Units developed under this Chapter (including affordable and
market rate units) shall not be used or offered as overnight accommodations. Where an
application includes phased development, affordable units shall be constructed as part of
each phase. PAD developments shall meet the following requirements as to types of
affordable units within each application:
Total PAD Units
Market Rate Units
Moderate Income, Low
Very Low Income
2-4
1
5 — 19
20%
80%
20+
20%
75%
5%
B. Minimum Unit Sizes. All housing units developed under this Chapter shall contain, at
minimum• a kitchen; bathroom, including a sink, toilet, shower (or bathtub); bedroom (or
sleeping area); living area; parking; and storage space. Housing units may contain multiple
bedrooms or other functional spaces as needed. All housing units, and rooms within those
units, shall comply with applicable building code minimum requirements, including the
Intemational Residential Code, as adopted by the State of Utahs.
Room
Habitable
Min. Dime
Min. Heigh
Areas Un.er 5' Hig
Requirement
70 square feet
exclu.ed from room area
calculation
C. Height of structures. The maximum building height of all buildings in a PAD development
shall be as follows:
R-2, R-3, and R-4 Zoning District:
C-1, C-2, C-4, C-5 Zoning District:
30 feet
40 feet
Building height shall be measured from the average finished grade of the building to the
midpoint of the highest peak of the roof.
D. Setbacks; Adjacent Solar Access. Except as necessary to preserve solar access, as set forth
in subsection 1, below, the front, back, and side setbacks of a PAD development relative to
other properties shall be provided by the underlying zoning district.
PAD developments may be required to provide additional setbacks where necessary to
provide adequate solar access to adjacent properties located immediately to the north of the
project boundary.
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Formatted: Font 48 pt, Bold, Font color: Red, Text
Outline
E. Open space/Common Facilities. Projects shall include opens space for residents consistent
with the size and scope of the project area. Open space, such as landscaping, recreation
areas, entryways, commons spaces, bicycle racks, and setback areas shall comprise not less
than five percent (5%) of the project are. Required parking spaces, stairways, elevators, and
hallways shall not be calculated as open space.
F. Stormwater. Projects shall include engineered plans for the detention and conveyance of
reasonably anticipated storm -water attributable to the project. Storm -water conveyances
shall not connect to sanitary sewers.
G. Sidewalks/trails. PAD developments shall incorporate elements to facilitate pedestrian and
bicycle access. Sidewalks are required along at least one side of all public street frontages.
Trails may be required to connect to existing or planned trail systems or public streets.
H. Parking. Vehicle parking shall be provided at a rate of one (1) off-street space per studio or
single bedroom unit. Units having two or more bedrooms shall have parking of not less than
one and one-half (1.5) spaces per bedroom. Parking areas shall be located within the
perimeter of the building envelope. Hard-scape semi -permeable materials may be used for
parking spaces, where appropriate.
I. Lighting. Adequate lighting must be provided for public spaces and common areas. Light
fixtures shall consist of a full cutoff, fully shielded, downward directed fixtures. Wall
mounted flood lights that direct outward toward other properties and roadways are prohibited
for this function.
J. Manufactured housing. All manufactured housing to be utilized in developments under this
Chapter shall comply with all other provisions of the building code.
K. Culinary Water/Sewer. All dwellings shall be served by municipal culinary water and
sewer service. Fire flows shall be provided and hydrants installed in conformity with
building codes and fire department requirements.
L. Streets. Developments shall provide adequate public street access to each dwelling. All
streets within an application shall be hard surfaced or paved and constructed in conformity
with City design specifications, as determined by Staff. Streets shall include concrete curb,
gutter, and sidewalk, and be configured to allow adequate vehicle and emergency access.
Streets shall be designed to promote efficient circulation and connectivity to other parcels
and the remainder of the City street system. Street signage must be installed consistent with
staff requirements.
M. Utilities. Applications must include a utility plan showing feasibility and placement of
electrical, telephone, cable, and internet services.
N. Site Specific Elements or Standards. Depending on the scope of the project area, the City
may require that site -specific design elements or standards be incorporated into an
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application as needed to address public safety, recreation, construction requirements, access,
connectivity, or future phases of development.
O. Storage. Each dwelling unit shall be provided with a separate, covered lockable storage
space which is at least large enough to store adult bicyclesproportionate to the size of each
unit.
P. All applications shall demonstrate substantial consistency with Advisory Documents. The
land use authority may deviate from Advisory Documents on a case by case basis upon a
showing of good cause.
Q. PAD subdivisions shall include the sale of an affordable housing unit together with the sale
of a lot, unless exempted by the terms of a development agreement.
17.68.060 Application Review Procedures
A. General Procedures
PAD applicants shall comply with the following review procedures.
1. Pre -application Meeting. A pre -application conference shall be held with planning staff
to discuss the proposed development concept, likely development issues, and the
requirements of this Chapter.
2. Application Submittal/Completeness Review. Upon submittal of an application and
payment of the required fees, City Staff will review the application to determine if it
includes, in form adequate for substantive review, all of the submittal materials required
by this Chapter. If an application is found to be deficient, City Staff will notify the
applicant of the deficiency in writing.
3. Staff Review. In every case the application will be reviewed by the DRT and review
agencies. The DRT may require that the applicant correct errors or incorporate design
changes consistent with applicable codes, design standards, and/or review criteria.
Where an application is substantially incomplete or grossly deficient, the staff may notify
the applicant in writing that the application will not be subject to further review until such
time as the enumerated defects are cured.
4. Planning Commission Review. Preliminary Plat or Preliminary Site Plans that have
completed Staff review will be forwarded to the Planning Commission with a Staff
recommendation. The Planning Commission shall hold a public hearing to review the
application and receive public comment, and it may: a) approve the application; b) deny
the application; c) approve the application subject to conditions; or d) table the
application pending receipt of additional information.
a. At preliminary plat/plan review the applicant shall demonstrate that the plat or
plan meets all submittal and performance criteria. Final construction drawings are
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not required, but all submittals must demonstrate the feasibility of the final design
and conformity with this Chapter, applicable codes, and design standards.
5. Final Plat/Final Site Plan Review Procedures. When an applicant is ready to request
Final Site Plan or Final Plat approval a Final Plat or Site Plan shall be submitted for
review by Staff. Staff will review the design documents for completeness and verify that
they incorporate changes or conditions required at the preliminary approval stage.
Additionally, all related documents and agreements, including a Subdivision
Improvements and Phasing Agreement, Land Use Restriction Agreement, and Covenants,
Conditions & Restrictions (if applicable), and final construction drawings shall be
reviewed and in final form prior to submittal to the City Council for final approval.
a. Final approval shall be in the form of an ordinance adopted by the City Council
incorporating all the design drawings, the Final Plat or Final Plan, the conditions,
and all development agreements comprising the PAD. Final approval is a
legislative decision of the City and constitutes a site -specific development plan
for all lands included in the project area.
17.68.070 Submittal Requirements
A. A PAD application must be submitted to the Planning Department on the approved
application form, together with the required review fee. The application must be signed by
the record property owner or, if the applicant is not the owner, the applicant must deliver
proof of approval signed by the owner. Components of the application submittal may
contain multiple plan sets or reports, provided, that they are clear, legible, and successfully
demonstrate the purposes required under this Chapter. Unless waived by the Planning
Director, the application must include four copies and electronic PDF copies of all design
drawings and submittals. The application must include the following:
1. Preliminary Site Plan. Applicants for a PAD rental development shall submit a
preliminary site plan (with requirements as listed below), drawn to a scale of not less than
one -inch equals fifty feet (on paper no larger than twenty-four inches by thirty-six inches)
that shall include:
a. Parcel Boundary Lines. Include all easements, setbacks, and construction limits
of the project area;
b. Drives, Streets, and Rights -of -Way. Include widths of pavement, curb and
gutter, and dimensions of rights -of -way;
c. Parking and Loading. The parking plan must include a count of spaces and
details of handicap parking spaces as well as indicate the location and types of
exterior lighting proposed for the area;
d. Access. Include all points of ingress, egress. For developments adjacent to and
accessed by a state or federal highway, a completed highway access permit
application from the Utah Department of Transportation (UDOT) must be
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submitted with the application, with a permit issued prior to building permit
approval;
e. Refuse Areas. Drawings of the refuse enclosures must be included;
f. Common Open Space. All open space, common areas, parks, sidewalks, and
trails (with required connectivity) must be clearly depicted;
g. Topography. All site conditions including terrain contours, drainage areas, and
other physical features on or within one hundred feet of the site must be shown;
existing and finished grades must be clearly shown in different shades or contour
depictions; all elevations shall be shown in the most current North American
Vertical Datum (NAVD). Applications may contain this topographic survey on
the site plan or as a separate document.
h. Use Types. Specific areas proposed for specific types of land use shall be shown,
and must include the acreage or square footage for each area;
i. Public Dedications. Areas proposed for public dedication (i.e., utility
easements, trails, open space, or the like) shall be depicted;
j. Lots or Plots. The dimensions and area for each lot or unit must be shown;
k. Adjacent Zoning. Zoning for adjacent properties within three hundred feet of the
subject property shall be shown;
1. Fire Hydrants. The locations of all fire hydrants;
m. Title Block. A title block shall appear in the lower right-hand comer of all pages
of plans and plats and shall contain the name of the development; legal location of
the property; name and contact information of the site engineer/surveyor; the
name of the development; and the drawing scale and compass point;
n. Vicinity Map. A regional or vicinity map shall accompanythe submitted
application to indicate the location of the project; and
o. Legal Description. The legal description of the project area.
2. Floor Plan and Elevations. A floor plan, at a minimum, shall consist of a drawing to
scale showing a view from above, of the relationships between rooms, spaces and other
physical features at each floor level of a structure. All dimensions shall be drawn
between the walls to specify room sizes and wall lengths. The floor plan shall show the
physical layout of:
a. Interior walls and hallways;
b. Bathrooms;
c. Windows, doors, landings, decks, and patios;
d. Plumbing features such as sinks, showers, bathtubs, HVAC elements, etc.;
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e. Locations of electrical panels and service connections;
f. The planned uses of all buildings and rooms;
g. All finished first floor elevations;
h. Elevation view drawings shall show all side elevations of existing and proposed
structures, and shall depict exterior architectural elements and materials, as well
as heights of the structure.
3. Lighting Plan. The lighting plan shall show number and types of fixtures for walkways,
building exterior lighting, and parking areas. An acceptable lighting plan shall consist of
full cutoff, fully shielded, downward directed lighting types. The plan shall include
manufacturer's information detailing the fixtures to be used. Internal or external
shielding may be used to prevent glare toward other properties or into the roadway. Wall
mounted flood lights that direct outward toward other properties and roadways are
prohibited. If future ordinances addressing lighting are adopted, those requirements shall
persede the above in the case of conflicts.
4. Landscape Plan. The landscape plan shall include size and species of all plantings, an
irrigation plan, xeriscape plan, and a care and maintenance plan. All applicable code
sections of the Moab Municipal Code must be used to develop the landscape plan,
including Chapter 12.24, Tree Stewardship.
5. Wetlands, Riparian Areas, and Floodways. If the development is adjacent to riparian
areas, flood zones, probable wetlands, or areas where stream channels may be altered by
planned development, wetlands, riparian areas, and floodway plan drawn by an engineer,
surveyor, or other appropriate consultant must be submitted. Probable wetlands shall be
described and delineated. All applications shall show compliance with Chapter 15.40,
Flood Damage Prevention. Flood zone boundaries and the base flood elevation must be
shown. Where the application includes areas that may be subject to flooding the
applicant shall show that the elevation of the lowest floor of all structures exceeds the
elevation which is above the base flood elevation. All elevations on the plan shall be
shown in the most current North American Vertical Datum (NAVD).
6. Storm Water Drainage Plan. A stormwater drainage plan, signed and stamped by an
engineer, shall be submitted and show calculations and other information specified
below. The plan shall comply with the City of Moab/Grand County Design Criteria for
Drainage Studies, as adopted or updated by the City from time to time. The stormwater
drainage plan shall be reviewed for compliance with other applicable Advisory
Documents. The stormwater drainage plan shall include, at a minimum, the following
information:
a. The project site, including areas three hundred feet beyond its boundaries;
b. Existing contours at two -foot intervals shown as dashed lines;
c. Proposed contours at two -foot intervals shown as solid lines;
d. Indication of a permanent benchmark referenced to mean sea level;
e. Drainage system shown in plan view with estimated cubic -feet -per -second flow for a
one -hundred -year storm event;
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f. Locations of all -natural drainage channels and water bodies;
g. Existing and proposed drainage easements;
h. Type, size, and location of existing and proposed drainage structures such as pipes,
culverts, inlets, ditches, swales, retention ponds, detention areas, etc.;
i. One -hundred -year event (base) flood areas;
j. Additional grading and drainage elements may be required to be depicted to satisfy
Federal Emergency Management Administration (FEMA) floodplain requirements or
other applicable city flood damage prevention ordinances;
k. Erosion control plans showing adequate sedimentation control which shall be
accomplished throughout construction phases as well as during the ongoing use of the
site (e.g., sedimentation ponds, dikes, seeding, retaining walls, rip -rap, etc.); and
1. All structures for drainage and flood control shall be designed, at a minimum, to
successfully convey the anticipated one -hundred -year frequency storm vent for
maximum period of intensity over the entire drainage basin. The applicant shall
submit calculations to show that all structures have adequate capacity to
accommodate flows expected to result from the designated storm event.
7. Grading Plan. A grading plan for surface drainage (shown by contours and spot
elevations) shall be prepared by an engineer or surveyor. It shall show the planned
grading and paving of driveways, access roads, and parking areas. Grading and paving
shall be shown on plans, profiles, cross sections, and details as necessary to describe new
construction. Details of curbs, gutters, sidewalks, drainage structures, and conveyance
systems, dimensions of all improvements, size, location, thickness, materials, strengths,
and necessary reinforcement must be shown.
8. Utility Plan. A utility plan shall be prepared by an engineer. It shall show the locations,
dimensions, and elevations of all sewer facilities and culinary water facilities needed to
serve the site. The utility plan shall specify in reasonable detail the types of equipment
and materials to be used and shall comply with all applicable Advisory Documents or
City engineering requirements. Plans showing the locations of natural gas, electric, and
telephone/data lines must also be shown.
9. Evidence of Title/Covenants. A current title insurance commitment, ownership and
encumbrance report, or abstract of title prepared by a title insurance company or attorney
showing all ownership interests, easements, and encumbrances which apply to the
parcel(s) comprising the application must be submitted. If requested, the applicant shall
provide copies of all recorded documents which may affect the property subject to the
application. If common elements or private use restrictions are anticipated, the applicant
must submit draft covenants, conditions, and restrictions (CC&Rs) for review.
10. Slopes. If proposed development is likely to result in the grading of hillsides, city staff
may require submittal of a slope study prepared by an engineer or surveyor. Applications
will also be reviewed for compliance with Chapter 17.55, Hillside Developments.
11. Surface and Subsurface Soils Report. The application shall include a surface and
subsurface soils report establishing soil suitability for the proposed development. The
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report shall be prepared by a geotechnical engineer or other professional, if approved by
city staff. At a minimum, the report shall include:
a. A description of soil types;
b. Locations and characteristics with supporting soil maps;
c. Soil logs of test pits and boreholes;
d. All other information necessary to determine soil suitability for the scope of the
development and constraints on development based on the findings;
e. Analysis and evaluation of such information with recommendations regarding
structural constraints, erosion control, and requirements for building design.
12. Traffic Study. A traffic study and parking and circulation study are required for projects
described as follows:
Single Family Housing, 50 units or more;
Apartments or townhouses, 85 units or more;
Mobile home parks, 100 units or more.
a. The Planning Director has discretion to require a traffic study for applications which
do not generate the level of trips specified where:
i. High traffic volumes on surrounding streets may affect movement to and from the
proposed development;
ii. There is a lack of existing left turn lanes on streets adjacent to the proposed access
drive;
iii. There are inadequate sight distances at access points; or
iv. Proposed access points are close to other existing drives or intersections.
13. Street Design Drawings. The application shall include drawings by an engineer showing
the design, grades, widths, and profiles of all streets, sidewalks, curbs, gutters, traffic
control devices, traffic signs, and associated public improvements. All street designs
shall conform to street classifications and design standards adopted by the City.
B. Additional Submittals --Waiver of Certain Submittals. The Planning Director has
discretion to require other submittals where appropriate for the review of a particular
application. Alternatively, the Planning Director has discretion to waive or modify any
requirement for a particular submittal if it is determined that the document or report is not
necessary, or if an alternate submittal is justified for the review of a particular
application. Any waiver shall be in writing labeled as a submittal waiver, shall identify the
project by name and application number, and shall be signed and dated by the Planning
Director.
C. Conformity with Submittal Standards. All submittals must conform to the land use
submittal standards adopted by the City. Submittals which do not clearly or accurately depict
elements required for review of the project may be rejected, or staff may require revisions
during the review process.
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D. Affordable Housing Development Plan. The Affordable Housing Development Plan shall
contain, at a minimum, the following information:
1. A general description of the development, including whether the development will
contain units for rent or sale;
2. The total number of market -rate units and affordable housing units and a depiction of
where those units will be situated on the plat/plan;
3. The square footage of each market -rate unit and of each affordable unit measured
from the interior walls of the unit;
4. The estimated sale price or monthly rent for each market -rate unit or lot and each
affordable housing unit;
5. If construction of dwelling units is to be phased, a phasing plan stating the number of
market -rate and affordable housing units in each phase; and
6. Statistical information as to the project area, developed area square footage, open
space area, area and number of parking spaces, and the like shall be included.
7. Affordability calculations and assumptions demonstrating that the housing will be
affordable under current economic conditions.
E. Departmental Standards. All developments pursuant to this Chapter shall comply with
departmental standards published by the City.
17.68.080 Miscellaneous Provisions
A. Variances --Exceptional Conditions. In cases where unusual topographic or other
exceptional conditions would pose a hardship on the applicant, variances from the strict
requirements of this Chapter may be made by the City Council at the time of Final Plat/Plan
review. Staff shall provide a recommendation with respect to the proposed variance. The
City Council may grant a variance, provided that it will not result in substantial detriment to
the public good and will not substantially impair the intent and purpose of this Chapter.
B. Accessory Dwelling Units Prohibited. Accessory dwelling units are not permitted within a
PAD development.
C. Vacating or Changing a Subdivision Plat. Any proposed vacation, alteration, change, or
amendment to an approved PAD plat must comply with the notice requirements of U.C.A.
10-9a-205 and the requirements changes to a platted subdivision outlined by the U.C.A. 10-
9a-608.
D. Decision Matrix. Decisions under this Chapter shall be made by the following:
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Application/Action
Advisory Body
Land Use
Authority
Appeal Body
Required
Public
Hearing
Prelim. Plat/ Prelim. Site
Plan
City Staff
Planning
Commission
AA
Yes, (PC)
Final Plat/Site Plan
City Staff
City Council
District Court
No
Amend Plat*
Planning Commission
City Council
District Court
Yes, PC &
CC
Modify Lot Lines
City Staff
City Council
District Court
No
* If all owners within the plat sign to permit amendment and he area does not include vacation of a public right of
way, then the City Council may approve the application without a public hearing.
AA means the Appeal Authority, as specified in MMC 17.72.120
E. Proof of Sewer or Water Availability for Non -City Authorities. Where the City is not
able to provide culinary water or sewer service to a proposed development, the applicant will
be required to provide a current letter from the water or sewer service provider demonstrating
that water and sewer service is available to the subject site.
17.68.100 Appeal Procedures
A. Any person adversely affected by a preliminary land use decision, including a decision by the
Planning Commission approving or denying a preliminary Plat or Plan, may appeal that
decision to the Appeal Authority, and the appeal shall be governed by the procedures in
MMC § 1.72.120 through 170.
B. Any person adversely affected by a final land use decision of the City Council under this
Chapter may appeal that decision by filing an action in the District Court for Grand County,
Utah.
C. Exhaustion of all administrative remedies shall be required prior to any applicant seeking
judicial review of any final decision pursuant to this Chapter. Failure to exhaust
administrative remedies shall result in the action or suit being dismissed.
D. A judicial action seeking review or appeal of a final decision or action under this Chapter
must be filed no later than thirty (30) calendar days from the date of the decision or order that
is the subject of the appeal.
E. Upon the commencement of a judicial appeal challenging any decision under this Chapter,
the City shall promptly transmit to the district court true and correct copies of all submittals,
testimony, orders, and file documents comprising the record pertaining to the application,
including any transcript or tape recordings of proceedings.
F. There shall be no judicial review of legal claims or points of error which are not first
presented for review or decision to the land use authority.
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G. In any review pursuant to this Chapter (whether administrative or judicial), the reviewing
body shall presume the decision made under this Chapter is valid. A final decision of the
City Council shall be affirmed if it is found to be within the scope of legislative discretion.
H. Disputes concerning or arising from administration of this Chapter after final land use
approval, including but not limited to enforcement of the Land Use Restriction Agreement,
affordability controls of this Chapter, or the like, shall be heard by the District Court, Grand
County, Utah.
17.68.110 Development Improvements Agreement
A. The Development Improvements Agreement (DIA) shall be approved by the City Council at
the time of approval of the Final Plat or Final Site Plan. A DIA between the City and the
applicant is required to specify the overall development plan in writing and is a condition
precedent to the commencement of construction. The DIA shall set forth the commitments
and obligations of the City of Moab and the applicant, including, as necessary, a financial
assurance for required public improvements, the applicant's phasing plan, and other details
particular to the development. The DIA shall be subject to review and approval by the City
Council and must be consistent with all prior approval conditions applicable to the approved
plan.
B. The DIA may require that an applicant provide a performance bond, letter of credit, or other
financial assurance to secure completion of required improvements, and/or as a condition for
Final Plat or Final Site Plan approval. The financial assurance shall be provided in an
amount equal to one hundred fifty percent (150%) of the estimated cost of all required public
improvements, including: landscaping; road improvements; pedestrian ways, trails,
sidewalks, curbs, and gutters; street lighting and signage; culinary water lines and fire
hydrants; sewer lines and sewage disposal facilities; and storm -water improvements. City
staff shall verify the correct amount of the financial assurance based upon review of the cost
of the required improvements. Not more than ten percent (10%) of the financial assurance
may be held to secure any warranty claims, as provided in the DIA.
C. With respect to a PAD subdivision, no final plat for the subdivision, or any phase thereof,
and no building permit for construction upon any lot within the subdivision shall be executed
by the City until such time as either: 1) all public improvements are completed in accordance
with the DIA and accepted by the City; or 2) a financial assurance as required by this Chapter
is provided to the City. A Subdivider shall not convey or attempt to convey any lot prior to
the recording of the final plat, and any purported conveyance in violation of this subsection
shall be void.
D. With respect to a PAD rental development, no final site plan for the development, or any
phase thereof, and no building permit for construction of housing units within the
development, shall be executed by the City until such time as either: 1) all public
improvements are completed in accordance with the DIA; or 2) a financial assurance as
required by this Chapter is provided to the City. A Developer shall not convey or attempt to
17lPage
enter into any lease prior to the execution of the final site plan, and any purported lease or
rental contract entered into in violation of this subsection shall be void.
E. All public improvements shall be warranted against defects in materials and workmanship for
a period of not less than one (1) year from the date of acceptance by the City. Upon
expiration of any warranty period the financial assurance provided by this Section shall be
released.
17.68.120 Affordability Controls
A. Eligibility- General Policy. All affordable housing developed pursuant to this Chapter,
including rental units and units (or lots) for sale, shall be leased or sold to persons who meet
the eligibility requirements of this Chapter. The Developer or Subdivider shall at all times
assure that affordable housing units are transferred to eligible persons, and it shall provide
proof of its compliance with all eligibility and affordability controls to the City or its
designated Monitoring Agency from time to time biennially and/or upon written request.
Prospective tenants or purchasers of affordable housing shall provide verification of their
eligibility to either the Developer or Subdivider at the time they apply for housing subject to
this Chapter.
To be eligible to occupy affordable housing under this Chapter the following criteria must be
met:
1. The persons comprising the household must have a combined household income
which does not exceed one hundred percent of the Grand County, Utah, Area Median
Income (AMI), as published by HUD from time to time.
2. All persons occupying affordable housing must utilize the housing as their sole place
of residence. Leasing of sales units, subleasing or assignment of rental agreements,
or overnight lodging uses, shall not be permitted in PAD developments.
B. Rent Calculation. The Developer offering affordable housing units for lease shall set the
monthly rental rate at an amount (assuming a three -bedroom unit) that does not exceed thirty
percent (30%) of the area median income (AMI) for a Grand County household of four
persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental
Rate). Units with greater than or less than (3) bedrooms shall be rented at a rate which is
adjusted proportionately. As an illustration, the allowed monthly rent for an Affordable Unit
based on Grand County AMI of $55,000 would be as follows:
3 bedroom: AMI $55,000 x 30% - 12
2 bedroom:
1 bedroom:
= $1,375.00 per month;
= $915.75;
= $457.88.
1. Inflation adjustments in the Allowed Rental Rate shall be made annually, as of January of
each calendar year, and shall be based upon the year to year increase in the Consumer
Price Index (CPI-U), West Region, as published by the United States Department of
18lPage
Labor, Bureau of Labor Statistics. The City or the Monitoring Agency will publish the
inflation adjustment and provide same to Developers for purposes of calculating Allowed
Rental Rate increases.
2. Nothing in this Chapter shall preclude a Developer from entering into a fixed rental rate
lease with a tenant who is otherwise compliant with this Chapter at the time of execution.
C. Sales Eligibility, Additional Requirements. In addition to the general qualifications set
forth in Subsection B, above, persons who purchase affordable housing units pursuant to this
Chapter shall comply with the following criteria at the time of purchase:
Total household net assets (asset value after deduction of the value of any liens -such as a car
loan) shall not exceed two times the Original Purchase Price (OPP) of the housing unit.
D. Sales Price Calculation; Subsequent Sales. The Original Purchase Price for affordable
housing units developed pursuant to this Chapter shall be calculated as follows: principal,
interest, taxes, and insurance (PITI) on the unit shall not exceed thirty percent (30%) of the
Grand County AMI for a household of four divided by twelve (12) months. Assumptions
used to calculate the OPP shall be: i) a five percent (5%) down payment; ii) a 30-year
mortgage term; and a mortgage rate equal to the prevailing First Home rate, or its equivalent,
of the Utah Housing Corporation (www.untahhousingcorp.org) (or equivalent).
E. Maximum Appreciation. To assure continued affordability, each affordable housing unit
developed under this Chapter shall be subject to a deed restriction, in a form approved by the
City, which caps appreciation which may be earned upon subsequent sale of the unit. The
Maximum Resale Price (MRP) shall be the OPP plus the following:
1. An increase in price of no more than three percent (3%) per year from the date of
purchase to the date of sale, prorated for each month less than a calendar year; and
2. The actual cost of any capital improvements to the unit, including by way of example: i)
the addition of finished living space; ii) remodeling of a kitchen or bath; iii) replacement
of major components such as heating systems, cooling systems, windows, roofing, siding
or the like; provided that the improvements have been permitted and inspected by the
City Building Official. The property owner is responsible for documenting the value of
all such improvements at the time of permitting. In no event shall capital improvements
exceed five percent (5%) of the MRP.
17.68.130 Land Use Restriction Agreement and Covenants
A. At the time of final approval of every PAD, the City and the Developer/Subdivider shall
execute and record in the land records a Land Use Restriction Agreement (LURA)
implementing and providing for enforcement of the affordability controls specified in this
Chapter. The LURA shall be a deed restriction running with the land, and binding upon the
original grantor, and all successors and assigns in title. The LURA shall provide, at a
minimum, the following:
19lPage
1. The affordable housing units shall be leased or sold to, and occupied by, eligible persons;
2. The affordable housing units shall be leased at rent levels affordable to eligible persons
for a period of not less than fifty (50) years from the date of the initial certificate of
occupancy;
3. The affordable housing units shall be sold at sales prices affordable to eligible persons for
a period of not less than fifty (50) years from the date of the initial certificate of
occupancy;
4. Subleasing of PAD rental units or leasing of PAD sales units is prohibited;
5. The number of affordable units shall not be reduced and shall remain at the originally
approved affordability level for a period of not less than fifty (50) years; and
6. Provisions for enforcement and monitoring of the Affordability Controls, including (as
applicable) specific performance, damages, and an award of attorney fees and costs in the
event of a violation.
B. Maintenance. For PAD rental developments the LURA shall contain provisions providing
that the owner shall maintain all units in a safe, sanitary, and functional condition in
accordance with the provisions of the International Property Maintenance Code, as adopted
by the City, or its equivalent.
C. Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the
recording of the Final Plat for a PAD subdivision or prior to the execution of a Final Site
Plan for a PAD rental development.
D. Monitoring. The Developer shall manage and operate all affordable units and shall submit
an annual report to the City of Moab, or its Monitoring Agency, identifying which units are
affordable units in a Planned Affordable Development, the monthly rent for each unit,
vacancy information for each year for the prior year, monthly income for tenants of each
affordable units, and other information as required by the LURA. The annual report shall
contain information sufficient to determine whether tenants are eligible for affordable
housing as provided by this Chapter.
1. A Subdivider marketing affordable units for sale shall submit an annual report to the City
identifying all affordable units sold in the last calendar year, the Original Purchase Price
for each unit, and information sufficient to verify purchaser eligibility, as required by the
LURA. The annual report shall contain information sufficient to determine whether
home purchasers are eligible for affordable housing as provided by this Chapter.
2. The City or its Monitoring Agency shall be authorized to audit and review all Developer
and Subdivider records pertaining to housing developed under this Chapter to verify
compliance with this Chapter and all Affordability Controls.
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E. Extension of the LURA. The duration of the LURA may be extended for additional
successive ten (10) year terms if the City Council certifies in writing at or before the
expiration that there is a continuing need for affordable housing, and that it is reasonable that
the affordability controls continue. In that case the owner or the City shall execute any
necessary documents to give effect to this provision.
F. Covenants. Covenants, conditions, and restrictions (CCRs) for a PAD subdivision shall be
reviewed and subject to approval by the City contemporaneous with final plat approval. The
CCR shall provide mechanisms for enforcement of community rules, collection of
assessments (if applicable), and maintenance of common areas.
17.68.140 Impact Fees
In conjunction with final approval of any PAD development the City Council may waive all or a
part of the impact fees which would otherwise be payable for the development. Any waiver shall
be vested in the discretion of the City Council, based on the merits of the application in attaining
the affordability goals of this Chapter.
17.68.150 Enforcement
A. A Developer, Subdivider, or successor in title who fails to comply with the Development,
Improvements Agreement, the LURA, or any other agreements, development approvals, or
provisions of this Chapter shall be issued a notice of violation and informed of the default
under the applicable agreement. Each such person shall be given a reasonable period of time,
not to exceed thirty (30) days, in which to cure any default or breach under the applicable
agreement.
B. Upon declaration of default the City may exercise any remedies for violation available under
City ordinances or Utah statutes, including, without limitation: i) proceeding against the
financial assurance; ii). withholding building permits, certificates of occupancy, or
certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning
violations or breach of the agreement; iv) recording an affidavit of a lapse of plat/plan, in
whole or in part; v) commencing an action for damages —including, but not limited to,
damages for costs incurred in completing, repairing, or replacing required improvements or
abating any violations; and/or vi) any other remedies available at law or equity, including the
remedy of specific performance. The City may combine remedies in its discretion and
pursue some or all at different times, as may fit the applicable breach. In any action for
injunctive relief the City need only prove a default or violation under this Chapter, and such
relief shall be granted without the necessity of bond.
C. The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all
prior land use approvals and the voiding of the subdivision of lots or the site plan within the
real property specified in the affidavit.
21lPage
D. With respect to any default under the LURA or any other affordability controls of this
Chapter, in addition to the remedies specified above, the City may obtain restitution or
disgorgement of any proceeds realized by a Subdivider, Developer, or any successor in title
from any leasing, sale, or other disposition of affordable housing units in violation of the
affordability controls of this Chapter. In the alternative, the City may levy liquidated
damages in the amount of five thousand dollars ($5,000.00) per violation.
E. In any enforcement proceedings under this section the City shall be entitled to recover its
reasonable attorney fees and court costs, in addition to any other relief provided.
Passed and adopted by action of the City Council this day of
2018. This ordinance shall take effect immediately upon passage.
By:
Mayor Emily Niehaus
Attest:
By:
Rachel Stenta, Recorder
22lPage
Date
Moab City Council Agenda Summary
Meeting Date: November 5, 2018
#: Click here to enter text.
PL-18-54
Title: Consideration to Adopt Ordinance #2018-20 Enacting a Workforce Housing
Ordinance as Referred to City Council with Amendments
Date Submitted: October 18, 2018
Applicant: City
Staff Presenter: Jeff Reinhart, Planning Director;
Attachment(s): Final Draft Ordinance #2018-20
Options: Adopt, Adopt with changes
Recommended Motion: I move to adopt Ordinance #2018-20 with the Planning Commission
recommended amendments to enact the Workforce Housing requirements.
Background/Summary:
On October 25, 2018, the Planning Commission held a public hearing to review Ordinance #2018-
20. Subsequent to discussion and the hearing, the Commission adopted Planning Resolution #16-
2018 that favorably referred the ordinance to Council and spells out the recommended changes
made to the document and those are listed below.
1. Section 17.69.030, include an additional subsection "C" to read:
"Workforce housing provided by employers will require a long term deed restricted lease for
employees."
2. Section 17.69.040, subsection B, amended to read:
"The FILC is due and payable at the time of issuance of a building permit."
3. Section 17.69.040, include an additional subsection D, to read:
"The FILC shall be returned to the developer if not used within a period of time not to exceed 5
years."
4. 17.69.050, Construction Requirement, subsection A: It is recommended to adopt the listed
standards from Ord. 2018-19 if the PAD is not adopted prior to Ord. 2018-20.
5. 17.69.050, subsection B: It is recommended that the table be removed and previously reviewed
language be inserted that reads:
B. The Construction Requirement is satisfied by the construction of 1 unit of affordable housing
for every 2500 square feet of finished floor area of the overnight accommodations. Where the
finished floor area of the development is less than 2500 square feet, the developer shall pay the
FILC in satisfaction of the affordable housing requirement."
It is also recommended when the two-year review occurs, a matrix that considers costs of land,
construction costs/sq. ft., and City overhead costs if involved in administration and future
management of a project, shall be developed and included in the ordinance."
6. 17.69.050, subsection D needs to specify the City will determine the mix of income types.
7. 17.69.050, add a new subsection "E" to read: "In owner provided housing, employees shall
receive first preference for available dwellings." and
8. 17.69.060, Dedication, amend paragraph 4 to read:
"4. The value of the property must be confirmed by current appraisals from two properly
licensed and qualified appraisers, one who is chosen by the City and one chosen by the developer.
The developer shall bare all costs";
City Council Resolution #26-2018 was passed on May 22, 2018, to allow the city six months to
adopt regulations that would require short term rental businesses to provide employee housing.
The resolution expires on November 22, 2018, and the attached Ordinance #2018-20 needs to be
adopted prior to this date.
As discussed in prior Commission meetings, all new overnight accommodations or conversion of
other structures into short term rentals requires providing workforce housing. The ordinance
contains various methods to provide the required housing and includes:
1. Construction of an appropriate number of units in conjunction with short term
accommodations,
2. Payment of a fee adopted by City Council that could be in the amount of $15.57/square foot
of floor area,
3. Dedicate real property for future affordable housing development.
The Construction Option will require plans to be reviewed and approved under the standards and
affordability controls of newly adopted Chapter 17.68, PAD, Planned Affordable Development. All
workforce units must be affordable- no market rate units can be included; and a developer may
convert existing buildings into affordable units.
The fee in -lieu of construction (FILC) option requires a fee to be paid to the city that is equal to the
total finished floor area in square feet of the short term lodging multiplied by a sum that is to be
determined by resolution of the City Council. Currently, that amount is fifteen dollars and fifty
seven cents (15.57)/square foot. This fee is payable at the time of final plan approval, prior to
issuance of a building permit.
The dedication requirement allows the developer to dedicate real property for future affordable
housing development following the standards that the land 1) must be located in City Limits or can
be annexed, 2) have access by a public street, 3) have utilities available, 4) must be conveyed to the
city, and 5) must be zoned to allow housing. The property may be deemed unfeasible for
development because of extreme topography, soils issues, excessive costs for utilities or access, lack
of proximity to schools or other necessary services, or inadequate in size.
During the discussion at the commission meeting of October 11, 2018, it was decided that the
construction requirement in Section 17.70.050 would be recommended to be 1 unit of affordable
housing required for every 2500 square feet of finished floor area of the short term rental
development. In addition, if the finished floor area is less than 2500 square feet, the developer will
be required to pay the fee in -lieu (FILC). These numbers were used in the feasibility and nexus
studies as being reasonable.
The requirements will be reviewed periodically but in no case will the period of time exceed two
years if the changes are adopted as incorporated into the text.
CITY OF MOAB ORDINANCE NO. 2018-20
An ordinance adopting a new Chapter 17.69 of the Moab Municipal Code providing for
an Assured Workforce Housing Policy and renumbering existing Chapter 17.69, Secondary
Dwelling Units, as Chapter 17.70.
The following describes the intent and purpose of this ordinance.
a. [Findings to be inserted here]
NOW THEREFORE, the City enacts new Chapter 17.69, and existing Chapter 17.69,
Secondary Dwelling Units, is renumbered as Chapter 17.70.
Chapter 17.69 ASSURED WORKFORCE HOUSING
Sections:
17.69.010 INTENT
17.69.020 DEFINITIONS
17.69.030 WORKFORCE HOUSING REQUIRED; ALTERNATIVES; EXEMPTION
17.69.040 FEE IN LEU OF CONSTRUCTION
17.69.050 CONSTRUCTION REQUIREMENT
17.69.060 DEDICATION
17.69.070 INDEPENDENT FESIBILITY ANALYSIS
17.69.080 ENFORCEMENT
17.69.100 PERIODIC REVIEW
17.69.110 SEVERABILITY
17.69.010 Intent
A. The City, in conjunction with Grand County, has undertaken to study the lack of
affordable housing and identify policies that can increase the supply of affordable housing for
the Moab/Grand County workforce. The City finds that tourism -related commercial
development is causing demand for affordable housing units, and that there is a deficit of
housing units available for occupancy by persons employed in tourism -related occupations.
Based on the results of market data, the City finds that it is appropriate and feasible that
tourism -related commercial development construct affordable housing units or pay a fee in lieu
of construction for the purpose of offsetting the impacts from that type of development.
17.69.020 Definitions
1
A. Unless otherwise specified, the definitions in Chapter 17.68 apply in this
Chapter.
17.69.030 Workforce Housing Required; Alternatives; Exemptions
A. As further provided in this Chapter, applicants seeking land use approval of new
overnight accommodations or conversions of other development into overnight
accommodations shall do one of the following:
1. Construct or provide an appropriate number of affordable housing units in
conjunction with the development of the overnight accommodations (the Construction
Requirement); or
2. Pay the Fee in Lieu of Construction (FILC).
B. The remodeling, repair, or reconstruction any overnight accommodations
lawfully existing at the time of the enactment of this Chapter shall be exempt from the
provision of this Chapter, provided that such activity does not result in a new addition or
expansion (measured in square feet) relative to the existing use. Remodeling, repair, or
reconstruction of overnight accommodations that expand the finished floor area of the building
or structure shall be subject to this Chapter to the extent of the expanded area.
C. Workforce housing provided by employers will require a long term deed
restricted lase for employees.
17.69.040 Fee in Lieu of Construction
A. A developer proposing new overnight accommodations that do not satisfy the
Construction Requirement must pay to the City a Fee in Lieu of Construction (FILC) equal to the
total finished floor area (measured in square feet) of the overnight accommodation type
multiplied by the following sums:
Hotel/Motel: $15.57 per square foot;
Condominium: $ 5.18 per square foot; or
Townhome: $ 8.77 per square foot.
B. The FILC is due and payable at the time of final land use approval for the
development, and prior to the issuance of a building permit.
C. The City shall retain the FILC and use same, either individually or in combination
with other funds, for affordable housing purposes. FILC funds shall be held and accounted for
in a separate fund which shall be used solely for the acquisition, construction, maintenance, or
development of affordable housing.
2
D. The FILC shall be returned to the developer if not used within a period of time
not to exceed 5 years
17.69.050 Construction Requirement
A. A developer may construct new affordable housing units within the project area
of the overnight accommodation, or on other suitable property within the City. The affordable
housing units shall be reviewed under, and subject to, all performance standards, affordability
controls, and other requirements specified in Chapter 17.68, Planned Affordable
Developments, except that no units constructed under this section shall be market rate units.
The recommendation is to adopt the listed standards from Ord. 2018-19 if the PAD is not
passed prior to Ord. 2018-20.
1. Construction Requirement review procedures may be consolidated with
procedures generally applicable to the review of the overnight accommodations application
(e.g. site plan review), as necessary.
B. The Construction Requirement is satisfied bby the construction of one (1) unitof
affordable housing for every 2500 square feet of finished floor area of the overnight
accomodations. Where the finished floor area of the development is less than 2,500 square
feet, the developer shall pay the FILC in satisfaction of the affordable requirement.dctcrmincd
by dividing thc finished floor arc -a (or total units) of thc type of overnight accommodation by
thc floor area factor (or unit factor) and multiplying the result by thc AH Unit Mitigation
number for thc type of housing to be constructed. Where thc mitigation number results in a
decimal of .5 or higher, the number of required units to be constructed shall be rounded to the
next highest whole number. When the 2-year review occurs, the Commission recommends the
table below be replaced with a matrix that considers costs of land, construction costs/sq. ft..
City overhead if involved in the administration and future management of the project.
Floor Area
AH Unit Factor or Unit FILC
Development Type Income Category Mitigation Factor Mitigation
Per
Hotel/Motel
Sq.
Extremely Low -Income 5.43 60,000 sq. ft. $15.57 Ft.
Sq.
Very Low -Income 6.36 60,000 sq. ft. $15.57 Ft.
BEM OVE Sq.
Lo 60,000 sq. ft. $15.57 Ft.
Sq.
Moderate 229.16 60,000 sq. ft. $15.57 Ft.
Condominiums
Sq.
Extremely Low -Income 4.07 100 condo units $5.18 Ft.
Sq.
Very Low -Income 4.76 100 condo units $5.18 Ft.
Sq.
Low -Income 8.14 100 condo units $5.18 Ft.
3
Moderate 171.61
Sq.
100 condo units $5.18 Ft.
Townhomes
Extremely Low -Income 8.41
Very Low -Income
Low -Income
Moderate
9.85
16.85
355.07
100 townhomes
100 townhomes
100 townhomes
100 townhomes
$8.77
$8.77
$8.77
$8.77
Sq.
Ft.
Sq.
Ft.
Sq.
Ft.
Sq.
Ft.
Example: a 35,000 square foot
hotel results in the following:
35,000/60,000=.583 x 10.87 low
income units= 6.340 = 6 units of
low income housing.
C. All affordable housing units constructed under the Construction Requirement
shall meet applicable building codes and use requirements for the zoning district in which they
are to be located.
D. The mix of income types for affordable housing units to be developed under the
Construction Requirement will be determined by the City on a case by case basis based on the
needs of the development and feasibility of the site.
E. In owner provided housing, employees shall receive first preference for available
dwellings.
17.69.060 Dedication
A. As an alternative to the Construction Requirement or payment of the FILC, a
developer may, subject to City Council approval, elect to dedicate to the City real property with
a current fair market value which is equal to or greater than the FILC which would otherwise be
payable in conjunction with the overnight accommodation development. The following must
be shown to satisfy a dedication:
1. The property must be within the City limits or be subject to annexation within
a reasonable period of time;
2. The property must have legal access to a public street;
3. Domestic water, sewer, and other public utilities must be available in
reasonable proximity to the property;
4. The value of the property must be confirmed by a -current appraisal_ from two
a properly licensed and qualified appraisers, one who is chosen by the City and one chosen by
the developer. The developer shall bare all costs;
4
5. The property must be conveyed to the City (or its designee) via warranty
deed, free of all liens or encumbrances; and
6. The property must have a zoning designation that permits housing uses.
B. The City Council, in its discretion, may review the proposed conveyance to
determine if the property meets the above criteria and is otherwise suitable for dedication as
affordable housing. If approved, the dedication will be confirmed in a written development
agreement with the developer. The Council may properly reject a proposed dedication if it
determines that the property has one or more attributes or conditions which would render
development infeasible or impractical.
1. By way of example only, and not of limitation, a property may be deemed
infeasible or impractical for development due to: i) extreme topography; ii) unsuitable soil or
geotechnical conditions; iii) excessive cost for roads, utilities, or other infrastructure; iv) lack of
proximity to schools, stores, or other necessary services; v) unsatisfactory environmental
conditions; vi) inadequate size; or vii) other legal, financial, or physical conditions negatively
affecting prospects for development.
C. Dedicated property shall be developed, either individually or in conjunction with
other parcels, for affordable housing. All performance standards, affordability controls, and
other requirements specified in Chapter 17.68, Planned Affordable Developments apply to
lands conveyed under this section.
17.69.070 Independent Feasibility Analysis
A. If, on the basis of individual development costs, employment load, or other
similar data, an applicant believes that the FILC is excessive, as applied to its development
application, the applicant may submit to the City data, calculations, and evidence in support of
an alternative to the FILC. All such materials shall be accompanied by supporting cost or other
data (e.g. land contracts, construction contracts, or the like) and be accompanied by a written
attestation by the applicant signed under penalty of perjury.
B. The City Manager shall review materials submitted by the applicant, or evidence
submitted by City staff (if any) and may: approve the independent analysis; reject the
independent analysis and order the applicant to pay the FILC; or order that the applicant pay an
alternative sum supported by the evidence.
1. The applicant shall be provided copies of any staff comments or materials
submitted to the City Manager and be given a reasonable period of time in which to
respond to any submittals prior to issuance of a decision.
2. The City Manager shall provide his/her decision in writing and explain the
basis for the conclusion reached. In reaching a decision the City Manager has discretion
to weigh the strength of the evidence offered in the matter.
5
17.69.080 Enforcement All provisions of this Chapter shall be enforced in
conformity with the remedies and procedures specified Section 17.68.150.
17.69.090 Appeals Persons wishing to appeal any decision or interpretation made
under this Chapter may appeal to the Appeal Authority, pursuant to the procedures provided
by Sections 17.72.120 through 17.72.170.
17.69.100 Periodic Review City staff is directed to review market conditions, the
availability of affordable housing, and provisions of this ordinance no later than two (2)
calendar years from the date of enactment and, if appropriate, recommend amendments or
changes to this ordinance for review.
17.69.110 Severability If any provision of this Chapter shall be held to be unlawful,
unenforceable, or unconstitutional it shall be stricken and the remainder of the ordinance shall
be enforced as written.
CHAPTER 17.70
SECONDARY DWELLING UNITS
[Existing Chapter 17.69 is renumbered as Chapter 17.70]
Passed and adopted by action of the City Council this day of November, 2018. This
ordinance shall take effect immediately upon passage.
By:
Mayor Emily Niehaus
Attest:
By:
Rachel Stenta, Recorder Date
6
CITY OF MOAB ORDINANCE NO. 2018-20
An ordinance adopting new Chapter 17.69 of the Moab Municipal Code providing
for an Assured Workforce Housing Policy and renumbering existing Chapter 17.69,
Secondary Dwelling Units, as Chapter 17.70.
The following describes the intent and purpose of this ordinance.
a. [Findings to be inserted here]
NOW THEREFORE, the City enacts new Chapter 17.69, and existing Chapter
17.69, Secondary Dwelling Units, is renumbered as Chapter 17.70.
Chapter 17.69 ASSURED WORKFORCE HOUSING
Sections:
17.69.010 INTENT
17.69.020 DEFINITIONS
17.69.030 WORKFORCE HOUSING REQUIRED; ALTERNATIVES;
EXEMPTION
17.69.040 FEE IN LEU OF CONSTRUCTION
17.69.050 CONSTRUCTION REQUIREMENT
17.69.060 DEDICATION
17.69.070 INDEPENDENT FESIBILITY ANALYSIS
17.69.080 ENFORCEMENT
17.69.100 PERIODIC REVIEW
17.69.110 SEVERABILITY
17.69.010 Intent
The City, in conjunction with Grand County, has undertaken to study the lack of
affordable housing and identify policies that can increase the supply of affordable
housing for the Moab/Grand County workforce. The City finds that tourism -related
commercial development is causing demand for affordable housing units, and that there
is a deficit of housing units available for occupancy by persons employed in tourism -
related occupations. Based on the results of market data, the City finds that it is
appropriate and feasible that tourism -related commercial development construct
affordable housing units or pay a fee in lieu of construction for the purpose of offsetting
the impacts from that type of development
17.69.020 Definitions
Unless otherwise specified, the definitions in Chapter 17.68 apply in this Chapter.
17.69.030 Workforce Housing Required; Alternatives; Exemptions
A. As further provided in this Chapter, applicants seeking land use approval of new
overnight accommodations or conversions of other development into overnight
accommodations shall do one of the following:
1. Construct or provide an appropriate number of affordable housing units in
conjunction with the development of the overnight accommodations (the
Construction Requirement); or
2. Pay the Fee in Lieu of Construction (FILC).
B. The remodeling, repair, or reconstruction any overnight accommodations lawfully
existing at the time of the enactment of this Chapter shall be exempt from the
provision of this Chapter, provided that such activity does not result in a new
addition or expansion (measured in square feet) relative to the existing
use. Remodeling, repair, or reconstruction of overnight accommodations that
expand the finished floor area of the building or structure shall be subject to this
Chapter to the extent of the expanded area.
17.69.040 Fee in Lieu of Construction
A. A developer proposing new overnight accommodations that do not satisfy the
Construction Requirement must pay to the City a Fee in Lieu of Construction
(FILC) equal to the total finished floor area (measured in square feet) of the
overnight accommodation type multiplied by the following sums:
Hotel/Motel: $15.57 per square foot;
Condominium: $ 5.18 per square foot; or
Townhome: $ 8.77 per square foot.
B. The FILC is due and payable at the time of final land use approval for the
development, and prior to the issuance of a building permit.
C. The City shall retain the FILC and use same, either individually or in combination
with other funds, for affordable housing purposes. FILC funds shall be held and
accounted for in a separate fund which shall be used solely for the acquisition,
construction, maintenance, or development of affordable housing.
17.69.050 Construction Requirement
A. A developer may construct new affordable housing units within the project area of
the overnight accommodation, or on other suitable property within the City. The
affordable housing units shall be reviewed under, and subject to, all performance
standards, affordability controls, and other requirements specified in Chapter
17.68, Planned Affordable Developments, except that no units constructed under
this section shall be market rate units.
1. Construction Requirement review procedures may be consolidated with
procedures generally applicable to the review of the overnight
accommodations application (e.g. site plan review), as necessary.
B. The Construction Requirement is determined by dividing the finished floor area
(or total units) of the type of overnight accommodation by the floor area factor (or
unit factor) and multiplying the result by the AH Unit Mitigation number for the
type of housing to be constructed. Where the mitigation number results in a
decimal of .5 or higher, the number of required units to be constructed shall be
rounded to the next highest whole number.
Development Type
Income
Category
AH Unit
Mitigation
Floor Area
Factor or
Unit Factor
FILC
Mitigation
Per
Extremely
Low -
Income
5.43
60,000 sq. ft.
$15.57
Sq. Ft.
Very Low-
Hotel/Motel
Income
6.36
60,000 sq. ft.
$15.57
Sq. Ft.
Low -
Income
10.87
60,000 sq. ft.
$15.57
Sq. Ft.
Moderate
229.16
60,000 sq. ft.
$15.57
Sq. Ft.
Extremely
Low-
100 condo
Income
4.07
units
$5.18
Sq. Ft.
Very Low-
100 condo
Condominiums
Income
4.76
units
$5.18
Sq. Ft.
Low-
100 condo
Income
8.14
units
$5.18
Sq. Ft.
100 condo
Moderate
171.61
units
$5.18
Sq. Ft.
Extremely
Low-
100
Income
8.41
townhomes
$8.77
Sq. Ft.
Very Low-
100
Townhomes
Income
9.85
townhomes
$8.77
Sq. Ft.
Low-
100
Income
16.85
townhomes
$8.77
Sq. Ft.
100
Moderate
355.07
townhomes
$8.77
Sq. Ft.
Example: a 35,000 square foot
hotel results in the following:
35,000/60,000=.583 x 10.87 low
income units= 6.340 = 6 units of
low income housing.
C. All affordable housing units constructed under the Construction Requirement
shall meet applicable building codes and use requirements for the zoning district
in which they are to be located.
D. The mix of income types for affordable housing units to be developed under the
Construction Requirement will be determined on a case by case basis based on the
needs of the development and feasibility of the site.
17.69.060 Dedication
A. As an alternative to the Construction Requirement or payment of the FILC, a
developer may, subject to City Council approval, elect to dedicate to the City real
property with a current fair market value which is equal to or greater than the
FILC which would otherwise be payable in conjunction with the overnight
accommodation development. The following must be shown to satisfy a
dedication:
1. The property must be within the City limits or be subject to annexation
within a reasonable period of time;
2. The property must have legal access to a public street;
3. Domestic water, sewer, and other public utilities must be available in
reasonable proximity to the property;
4. The value of the property must be confirmed by a current appraisal from a
properly licensed and qualified appraiser;
5. The property must be conveyed to the City (or its designee) via warranty
deed, free of all liens or encumbrances; and
6. The property must have a zoning designation that permits housing uses.
B. The City Council, in its discretion, may review the proposed conveyance to
determine if the property meets the above criteria and is otherwise suitable for
dedication as affordable housing. If approved, the dedication will be confirmed in
a written development agreement with the developer. The Council may properly
reject a proposed dedication if it determines that the property has one or more
attributes or conditions which would render development infeasible or
impractical.
1. By way of example only, and not of limitation, a property may be deemed
infeasible or impractical for development due to: i) extreme topography;
ii) unsuitable soil or geotechnical conditions; iii) excessive cost for roads,
utilities, or other infrastructure; iv) lack of proximity to schools, stores, or
other necessary services; v) unsatisfactory environmental conditions; vi)
inadequate size; or vii) other legal, financial, or physical conditions
negatively affecting prospects for development.
C. Dedicated property shall be developed, either individually or in conjunction with
other parcels, for affordable housing. All performance standards, affordability
controls, and other requirements specified in Chapter 17.68, Planned Affordable
Developments apply to lands conveyed under this section.
17.69.070 Independent Feasibility Analysis
A. If, on the basis of individual development costs, employment load, or other
similar data, an applicant believes that the FILC is excessive, as applied to its
development application, the applicant may submit to the City data, calculations,
and evidence in support of an alternative to the FILC. All such materials shall be
accompanied by supporting cost or other data (e.g. land contracts, construction
contracts, or the like) and be accompanied by a written attestation by the applicant
signed under penalty of perjury.
B. The City Manager shall review materials submitted by the applicant, or evidence
submitted by City staff (if any) and may: approve the independent analysis; reject
the independent analysis and order the applicant to pay the FILC; or order that the
applicant pay an alternative sum supported by the evidence.
1. The applicant shall be provided copies of any staff comments or materials
submitted to the City Manager and be given a reasonable period of time in
which to respond to any submittals prior to issuance of a decision.
2. The City Manager shall provide his/her decision in writing and explain the
basis for the conclusion reached. In reaching a decision the City Manager
has discretion to weigh the strength of the evidence offered in the matter.
17.69.080 Enforcement
All provisions of this Chapter shall be enforced in conformity with the remedies and
procedures specified Section 17.68.150.
17.69.090 Appeals
Persons wishing to appeal any decision or interpretation made under this Chapter may
appeal to the Appeal Authority, pursuant to the procedures provided by Sections
17.72.120 through 17.72.170.
17.69.100 Periodic Review
City staff is directed to review market conditions, the availability of affordable housing,
and provisions of this ordinance no later than two (2) calendar years from the date of
enactment and, if appropriate, recommend amendments or changes to this ordinance for
review.
17.69.110 Severability
If any provision of this Chapter shall be held to be unlawful, unenforceable, or
unconstitutional it shall be stricken and the remainder of the ordinance shall be enforced
as written.
CHAPTER 17.70
SECONDARY DWELLING UNITS
[Existing Chapter 17.69 is renumbered as Chapter 17.70]
Passed and adopted by action of the City Council this day of November,
2018. This ordinance shall take effect immediately upon passage.
By:
Mayor Emily Niehaus
Attest:
By:
Rachel Stenta, Recorder Date