Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
PKT-CC-2018-11-13
CITY OF mois jp, Moab City Council November 13, 2018 Pre -Council Workshop 5: oo P.M. REGULAR COUNCIL MEETING 7. oo P.M. Moab City Council Chambers City Center (217 East Center Street) Page 1 of 278 Page 2 of 278 CITY OF M OAB UTAH City Council Regular Council Meeting City Council Chambers Tuesday, November 13, 2018 at 5:oo p.m. 5:00 p.m. WORKSHOP Briefing on Downtown Master Plan Briefing on Draft Citywide Parking Plan 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 October 23, 2018 1-2 November 1, 2018 1-3 November 5, 2018 SECTION 2: MAYOR AND COUNCIL REPORTS SECTION 3: ADMINISTRATIVE REPORTS SECTION 4: CITIZENS TO BE HEARD 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org SECTION 5: PRESENTATIONS 5-1 Mayor's Student of the Month Awards for the Grand County Middle Schook, Moab Charter School and Helen M. Knight Elementry School for November 2o18 5-2 Presentation of the Annual Audit of the City of Moab for Fiscal Year 2 o 1'7-18 SECTION 6: SPECIAL EVENTS 6-1 Seekhaven Puttin' on the Ritz Fundraiser • Approval of Special Event Fee Waiver not to exceed $too Page 3 of 278 SECTION 7: OLD BUSINESS 7-1 Proposed Ordinance #213.18-oi — Repealing Conditional Uses from the Moab Municipal Code • Follow-up Briefing and Possible Action 7-2 Proposed Ordinance #2o18-19 — Planned Affordable Housing Developments • Follow-up Briefing and Possible Action 7-3 Proposed Ordinance #2oi8-2o— Assured Workforce Housing • Follow-up Briefing and Possible Action 7-4 Proposed Ordinance #213.19-oi — Annexation of Hansen/Holyoak Property • Request to Send to Public Hearing on December ii, 2018 at 7:15 PM 7-5 Waste Hauling Contract • Discussion and Possible Action SECTION 8: NEW BUSINESS 8-1 Annual Audit of the City of Moab for Fiscal Year 2o17-21318 • Acceptance and Approval 8-2 Proposed Ordinance # 2o18-2i — Adopting the Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area (USU) • Briefing and Possible Action 8-3 Proposed Resolution # 51-2oi8 — An Extension to an Improvements Agreement with Chad Harris • Briefing and Possible Action 8-4 Community Contributions • Briefing and Possible Action SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 1o: EXECUTIVE CLOSED SESSION to-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION ii: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 278 Moab City Council Agenda Item Meeting Date: November 13, 2018 #: Workshop Title: Draft Parking Plan Workshop Date Submitted: November 5, 2018. Staff Presenter: Chuck Williams, City Engineer. Attachment(s): Parking Plan Presentation Options: N/A Recommended Motion: N/A Background/Summary: The City has retained Avenue Consultants to develop a parking management p1an.Avenue Consultants' scope is to study, evaluate and analyze the current state of parking in Moab and recommend parking management strategies to address issues. Particular attention will be given to the downtown area and other "hotspots" such as the area north of 400 East on Main St. Their course of action focuses on collaborating with Moab staff and elected offices around the benefits and tradeoffs of different parking management strategies. They plan to accomplish this with the use of rigorous data collection on parking availability and utilization throughout the city as well as technical analysis, solid planning fundamentals, defensible recommendations, and robust education. Their basic course of action centers on a 4-task process, starting with focused data collection methods and concluding with parking recommendations presented to the City Council. Below is a summary of their course of work. Parking Inventory: spaces in the study area were counted and categorized. The end product will be GIS-ready data. Parking Occupancy: spaces were observed hourly for frequency of use. This included recording whether the space was empty, and if not, license plates were observed to determine duration that any one vehicle might be in the space. targeted areas were also analyzed according to land use and approximate building footprint, in order to link parking space use and attractors such as restaurants and shops. Page 5 of 278 Workshop Limited Stakeholder Engagement: involving the local business owners, community leaders, interested parties, and the general public is vital to the planning process and overall project success. Engagement includes council meetings such as this one. Recommendations and Reporting: Capital improvements and changes to enforcement may follow from data collected and analyzed, and will be coordinated with the larger Moab Downtown Plan. Attached is a pdf of the powerpoint that will be presented at the Council Workshop. Page 6 of 278 Workshop Parking Management Study Today's presentation • Background • Data collection method • Study Area • Aerials • Inventory • Parking analysis • Trends • Parking utilization • utilization by block • Parking duration • Parking demand • Observations • Overall city has enough parking • But specific locations difficult to find spaces • Next steps Workshop Parking Management Study Background • Expand parking evaluation from Moab Downtown Plan • Identify existing parking availability and utilization • Develop parking management strategies Workshop " S t u d y A r e a P a r k i n g U t i l i z a t i o n A n a l y s i s " D o w n t o w n " 1 0 0 W e s t t o 1 0 0 E a s t " 2 0 0 S o u t h t o 4 0 0 N o r t h " C e n t e r S t r e e t a n d 1 0 0 N o r t h " 1 0 0 W e s t t o 3 0 0 E a s t " S w a n n y P a r k " W i l l i a m s W a y " 4 0 0 E a s t P a r k i n g I n v e n t o r y 1 M E v a l u a t e d S t a l l s S t u d y A r e a Q 3 0 1 5 1 I g d t a i r f W k o m T h e S p o k e W o r k s h o p Aerial Imagery Data Collection — Parking Utilization • Collected May 17and May 18, 2018 • 9AMto7PM • 40 total flights • 111152 aerial photos Parking Management Study Daily Approach Volume East/West Streets August 1, 2017 to July 31, 2018 Rank Downtown Streets (100 S, Center,100 N) Date Volume KID South Center St. Date Volume 10D North Date Volume Date Volume 1 4/27/2018 12,278 4/27/2018 5,956 3/16/2018 2,261 4/28/2018 4,535 2 4/28/2018 12,170 5/25/2018 5,827 4/27/2018 2,225 4/27/2018 4,097 3 5/25/2018 11,919 4/5/2018 5,794 5/21/2018 2,166 4/5/2018 4,083 4 4/5/2018 11,888 4/6/2018 5,772 4/28/2018 2,164 3/30/2018 4,006 5 MIL/18/20J 776, ,771 5/18/2018 ' 5/4/2018 3,982 6 5/4/2018 11,748 3/29/2018 5,655 5/25/2018 2,136 5/25/2018 3,956 7 8 9 4/6/2018 3/29/2018 6/1/2018 11,695 11,661 11,623 5/24/2018 5/4/2018 6/1/2018 5,644 5,634 5,632 5/7/2018 5/4/2018 6/1/2018 2,133 2,132 2,130 3/29/2018 3/28/2018 4/6/2018 3,937 3,905 3,887 10 3/30/2018 11,608 4/26/2018 5,621 5/14/2018 2,118 4/20/2018 3,867 11 4/26/2018 11,405 3/30/2018 5,565 5/11/2018 2,108 G/1/2618 3,861 12 5/24/2018 11,367 4/2/2018 5,523 5/10/2018 2,100 5/18/2018 13 4/2/2018 11,337 6/13/2018 5,518 4/2/2018 2,094 4/26/2018 3,840 14 5/11/2018 11,275 4/28/2018 5,471 5/17/2018 2,082 5/2/2018 3,808 15 3/28/2018 11,271 4/3/2018 5,464 5/24/2018 2,070 4/3/2018 3,806 16 4/3/2018 11,216 5/11/2018 5,445 3/29/2018 2,069 4/4/2018 3,802 17 5/17/2018 11,183 5/17/2018 5,426 9/21/2017 2,066 3/23/2018 3,778 18 5/26/2018 11,133 5/26/2018 5,416 9/13/2017 2,056 3/26/2018 3,774 19 20 4/20/2018 5/7/2018 11,090 11,089 4/4/2018 4/13/2018 5,399 5,398 5/31/2018 3/30/2018 2,053 2,037 10/13/2017 4/12/2018 3,764 3,725 Thursday Observation May 17, 2018 Friday Observation May 18, 2018 Ms A ITAH Workshop Parking Management Study Parking Supply — Parking Utilization • On -street • 470 angle parking stalls • 622 parallel parking stalls • 15 accessible stalls • City Public Lot • 69 stalls • 2 accessible stalls • The MIL Lot • 38 stalls • 2 accessible stalls • 5 RV stalls • Other Lots • 239 stalls • 1462 total parking spaces evaluated Center Street and Main Street, 5:01:1 pm May 17, 2E118 Workshop Parking Management Study Parking Utilization Trends • Peak hour parking 7G8 vehicles • Highest turnover in front of Moonflower Community Cooperative with 19 unique vehicles • Longest parking duration of 20 hours on Williams Way Stall with highest turnover with 19 unique vehicles on 100 North Stall with longest parking duration of 20 hours on Williams Way Workshop Parking Management Study Overall Parking Utilization Study Area • 41% to 53% of all spaces occupied on Thursday • Peak hour 6:00 PM • 7E8 spaces occupied • 35% to 50% of all spaces occupied on Friday • Peak hour 3:00 PM • 735 spaces occupied 100% 90% 80% 70% 60 % 50% 40% 30% 20 % 10% 0% Study Area Utilization 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 AM AM AM PM PM PM PM PM PM PM Thursday Friday Parking Management Study Where is there limited available parking? • Where utilization is greater 85% • Generally 1 to 2 available space per block at 85% utilization • Areas with 2 or more hours of 85% utilization • Main Street • Center Street • 100 North • 100 South • MIC parking lot Parking Utilization 0% - 25% 26% - 45% 46% - 65% 66% - 85% 86% - 95% •96% - 100% Thursday, May 17, 2H18 - Hour with Highest Number of Park Vehicles Workshop Parking Management Study Utilization - Main Street South of Center Street • High utilization during observations • Limited number of stalls • Eastside of Main Street • higher utilization than westside • 7 hours above 85% utilization • 2hours at100% • Hp to 25% of available space lost due to unmarked stalls and/or larger vehicles • Westside of Main Street • 4 hours above 85% at 2 hours at 84% utilization • 1 hour at MN • 4%to 20% of available space lost due to unmarked stalls and/or larger vehicles 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Main St. South of Center St. - Eastside 100% 0 100% 92% 92% o_ 0 0 17-May-18 92% a a a a a a a 0 0 0 0 0 0 o Ol O a --I N c-I N M 4 Vl lD 18-May-18 o_ 0 0 Main St. South of Center St. - Westside 100% 92% 1111■1■1-11 11 II-11 AAP71 11 11 II II I II II II II II II II I II II II II II II II I II II II II II II II I II II II II II II II 1 11 11 11 11 11 11 11 2 2 a a o 0 Ol O N a 0 0 - H a 0 0 N r-I d 0 0 c-I o_ 0 0 N F o_ 0 0 Cr1 17-May-18 a 0 0 i a 0 0 a 0 0 ul l0 as o 0 Ol O N a 0 0 N - o_ 0 0 88% 88% 84% 84% F a a d 0 0 0 0 0 0 0 0 0 0 f+'1 a --I 18-May-18 o_ 0 0 a a 0 0 tf) l0 Workshop Parking Management Study Utilization - Main Street North of Center Street • Higher number of stalls and more available parking than south Main Street • Eastside of Main Street • always under 85% utilization • 2%to 22%of available space lost due to unmarked stalls and/or larger vehicles • Westside of Main Street • 2 hours above 85% • 8%to 19%of available space lost due to unmarked stalls and/or larger vehicles 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Main St. North of Center St. - Eastside 1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a a a a a a a a a a 0 O O O 0 0 O O 0 0 0000000000a000000000 01 O a --I N ,Li N M V Li;l0 a--1 a --I ci 17-May-18 a a a a a a a a a 0- O O O O 0 0 0 O O 0 O1 O .-i N ,Li N M 4 Vl lD a --I a --I ci 18-May-18 Main St. North of Center St. - Westside 87% 89% 2 2 a a o o Ol O T -1 a 0 0 c-i T -1 a 0 0 N r-I 0 0 0 0 0 0 0 0 0 0 0 0 c-I N rri Ln l0 17-May-18 11 a a o o Ol O C-I a 0 0 c--1 a 0 0 N a --I ad 0 0 ci N 0 0 0 0 0 0 0 0 c:ri ▪ V1 l0 18-May-18 Workshop Parking Management Study Utilization — Center Street • Center Street had the highest utilization • East of Main Street • 11 hours were above 85%and 4hours were at 84% • All angle parking so no stalls lost due to inefficient parking or larger vehicles • West of Main Street • 15 of the 20 hours were above 85% • 4hours at100% • Up to 7% available space lost due to unmarked parallel stalls and/or larger vehicles 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Center St. - East of Main St. 87% 92%92%87% 89%89%87% 84% Ml 84% 84% 1 aaaaaaaaaa 0 0 0 0 0 0 0 0 0 0 Ol O a-i N c-I N M V V1 l0 T-1 17-May-18 87% 87% 89% aaaaaaaaa O- O O O O o o 0 O o o Ol O a --I N c-I N M 4 Vl lD 18-May-18 Center St. - West of Main St. 93%97%93%97% 100% aaadaaa a d a 0 0 0 0 0 0 0 0 0 0 Ol O c-I N .--I N M ul l0 17-May-18 100%00% 100% 93% 93% 93% 87% 87% 87% aa a da a CL O- a 0 ooOooO 0 OO Ol O c-I N .--I N M ▪ Vl l0 18-May-18 Workshop Parking Management Study Utilization — 1DU North • Second highest utilization • East of Main Street • 9 hours were above 85% • 1 hour atl00% • Up to 10% available space lost due to unmarked stalls and/or larger vehicles • West of Main Street • 4 hours above 85% and 1 hour at 84% • Up to 13% available space lost due to unmarked stalls and/or larger vehicles 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100 North - East of Main St. aa�aaaaaaaa 0000000000 Ol N M to id, �1 17-May-18 a a dri a a 0 0 O a 0 0 a --I 100% 87% 87% 93% 90% ■ 87% a a a a a a d 0000000 N c-I N M 4 to tD 18-May-18 100 North - West of Main St. 11 11 11 11 1 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 2 2 Q Q O O Ol O N Q O O H H a O O N r-I a O O c-I a a O O O O N Cr1 17-May-18 89% 92% 95%95% 84% FL 2 a a a Q O O O O O O O O to l0 O1 Q O O O N i FL FL Q • a a a a d O O O O O fO O O +'1 to l0 18-May-18 Workshop Parking Management Study Utilization — El South • Concentrated near Moab Diner and Pancake Haus • East of Main Street • 1 hour at 84% and no hours above 85% • Up to 4% available space lost due to unmarked stalls parallel stalls and/or larger vehicles • West of Main Street • 4hours were above 85% and 2 hours at 84% • Up to 28% available space lost due to unmarked stalls parallel stalls and/or larger vehicles 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100 South - East of Main St. d4% ■■■■■■■■■w■■■■■■■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ..................• a a a a a a a a a a 0 O o O o o O O o O o O o o o o o o o o Ol O a--i N c-i N M V Lfl l0 --- 17-May-18 a a a a a a a a a 0- O O o O o 0 o O o O o O o o o o o o o o O1 O .-i N ,Li N M 4 l.fl lD �I- 18-May-18 2 2 a a o o Ol O N a 0 0 c-i H 100 South - West of Main St. a 0 0 N r-I o_ 0 0 c-I 0 0 0 0 0 0 N rri 17-May-18 a 0 0 92% c a 0 0 ul l0 a a o o Ol O N a 0 0 c- N 96%96% i a 0 0 N a --I a 0 0 c-I 84 FL FL FL o_ 0 0 0 0 0 0 0 0 0 0 to l0 18-May-18 Workshop Parking Management Study Utilization —Parking Lots • City Public Lot • Max utilization of 65% at 6:1111 pm Thursday and 2:110 pm Friday • Average utilization 42% • All designated stalls, no stalls lost due to inefficient parking or larger vehicles • Despite hich utilization on west Center Street, -nu walking distance significantly decreases utilization • The MIC • 8 hours above 85% utilization • All designated stalls but in nearly of observations cars/trucks were using designated RV/trailer parking stalls 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% City Public Lot ■■■■■■■■w■w■■■■■■ a a a a a a a a a a 0 O O O O O O O O O O O O O O O O O O O Ol O a --I N , i N M V 111 l0 ��� 17-May-18 a a a a a a a a a 0- O O O O O O O O O O O O O O O O O O O O O1 O ,:i N , i N M 4 l.fl lD �I-1 18-May-18 86% MIC Parking Lot 88% 91%88% a a a a d a a a a d o o o o o o o o o o . c-I . .. .. .. Ol O T-1 • ('�1 V1 l0 c-I r-I 17-May-18 86% 91%88%84% II 88% i aaaaa�d o o 0 0 o o 0 o 0 o Ol O ▪ Vl l0 C-I T -1 a • --I 18-May-18 Workshop Parking Management Study Parking Duration • Estimated overall parking duration is 2.4 hours • Downtown streets has lower parking durations • Main Street south of Center Street has the lowest average duration of onlyl.E hours Average Parking Duration Citywide Average Main St. S. of Center - Eastside Main St. S. of Center - Westside Main St. N. of Center - Westside Main St. N. of Center - Eastside Center St. - East of Main St. Center St. - West of Main St. 100 North - East of Main St. 100 North - West of Main St. 100 South - East of Main St. 100 South - West of Main St. MIC Parking Lot Public Lot 2.4 hr 1.6 hr 1.6 hr 2.9 hr 2.1 hr 2.2 hr 2.7 hr 2.5 hr 1.8 hr 1.6 hr 2.7 hr 2.6 hr 2.6 hr 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 Hours Workshop Parking Management Study Parking Demand Analysis ITE Parking Generation • ITE Parking Generation Manual 4th Edition • Daily and hourly parking demand by land use • Based on primarily on isolated, suburban sites • Informational only • Starting paint to understand potential parking demand Public lot peak hour parking demand, Friday HO pm Workshop 1 Parking Management Study Parking Demand - Analysis Area • Downtown • 100 West to 100 East • 300 South to 400 North • Swanny Park, and County Court blocks also included • Parking demand calculated for each residential or commercial land use in Analysis Area • Internal capture/active transportation reduction estimated at 52% from utilization analysis Workshop W:TIram Parking Supply Parking Demand • Builds on parking supply from utilization analysis • Additional stalls identified in other private lots • Additional stalls counted per lot, not as individual stalls • 2,384 total stalls used for demand analysis Parking Management Study Parking Demand —Weekday • Generally less than 85% occupied • Block of Center Street to 100 North and Main Street to 100 East above 85% occupied • I0amto2pm • Due to U.S. Post office Parking Demsnd 0%-25m 26% - 45% 46% -65% 66% - 55% 86% - 95°0 I.96% - 100% 1{71% + 09:00 AM Workshop Parking Management Study Parking Demand —Weekend • West of Main Street from 100 South to 100 North great than 85% occupied • 12pmto5pm • Driven by restaurants and retail uses 0%-25m 26% - 45% 46% -65% 66% - 55% 86% - 85% Workshop Parking Management Study Parking Demand —Study Area • Predicated peak demand is at 1 pm on weekdays and weekends • 1289 spaces weekdays • 1382 spaces weekends • Localized demand over 85% both weekday and weekends • But more than1,000 empty spaces within study area during peak demand 2500 2000 500 0 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 AM AM AM PM PM PM PM PM PM PM PM Weekday Weekend — Supply Workshop Parking Management Study Observed Utilization vs. Predicted Demand Percent Utilized 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Observed Utilization 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 AM AM AM PM PM PM PM PM PM PM Thursday Friday Percent Occupied 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Predicted Demand 9:00 10:0011:0012:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 AM AM AM PM PM PM PM PM PM PM PM Weekday Weekend MOAB Workshop observed Utilization vs. Predicted Demand - Weekend Observed Utilization 01:00 PM Parking Utilization 10% - 25% 26% - 45% 46% - 65% 66% - 85% 86% - 95% �96%- 100% Predicted Demand 01:00 PM Parking Demand 0% - 25% 26% - 45% 46% - 65% 66% - 85% 86% - 95% 96% - 100% 101% + M oAB Workshop Observations • More parking spaces than existing or estimated demand • Localized areas with limited available parking • People are not aware of the City public lot or willing to park and walk as illustrated by low utilization of public lot • Next steps will identify strategies to address localized parking issues MOAB CITY COUNCIL MINUTES --DRAFT REGULAR CITY COUNCIL MEETING OCTOBER 23, 2o18 Call to Order and Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman -Newton. Also in attendance were City Manager David Everitt, Recorder/Assistant City Manager Rachel Stenta, Assistant City Manager Joel Linares, City Attorney Chris McAnany, City Planner Jeff Reinhart, Development Services Manager Sommar Johnson, Senior Project Manager Tracy Dutson, Treasurer Chantel Lindsay, Public Works Director Pat Dean, City Engineer Chuck Williams, Sustainability Director Rosemarie Russo and Records Specialist Eve Tallman. Moab City Planning Commission (PC) members in attendance included Chair Jeanette Kopell, Allison Brown, Kya Marienfield, Brian Ballard, Marianne Becnel and Wayne Hoskisson. Workshop: Mayor Niehaus called the workshop to order at 6:oi PM. The workshop consisted of a discussion regarding a PC recommendation on Planned Affordable Developments (PADs). The Mayor opened with a statement of thanks to the PC members for all their work. Kopell began with a request for questions from the Council. Brown confirmed that the PC had approved a motion earlier in the evening to forward the PAD to Council with recommended changes. Becnel requested a target percentage for workforce housing, and after discussion, Council confirmed that the aspirational goal of too percent of the Grand County workforce will be housed within Grand County is documented in an addendum to the General Plan. Brown and Ballard raised the issue of limiting profit on any given PAD, and discussed low-income requirements, deed restrictions and rent control. Marienfield requested ways to prevent loopholes and City Attorney McAnany suggested language regarding prohibition of efforts to evade or change PAD agreements. Fifty-year Land Use Restrictions were discussed. Occupancy matters were deliberated as well as setbacks, height restrictions, massing, parapets and parking. Councilmember Derasary brought up a separate workshop to discuss matters regarding occupancy. Mayor Niehaus acknowledged four concerns of the PC regarding the PAD, including percentage of workforce to be housed within Grand County, deed restrictions, lending institution restrictions on minimum square footage, and lockable storage units in plan requirements. Councilmember Jones brought up the affordable housing ordinance and the November 5 meeting to discuss the PAD and workforce housing. Regular Meeting: (i : o2 on recording) Mayor Niehaus called the Regular City Council Meeting to order at 7:o3 PM and led the Pledge of Allegiance. Thirty members of the public and media were present. Approval of Minutes: Councilmember Knuteson-Boyd moved to approve minutes from the September 25, October 2 and October g, 2o18 meetings. Councilmember Duncan seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman - Newton voting aye. Mayor and Council Reports: Mayor Niehaus reported on the Utah League of Cities and Towns (ULCT) board meeting she attended and outlined the agenda of the legislative policy committee. She explained potential state legislation which will affect local control of zoning and planning. She described a Census 2020 meeting she attended and also mentioned a new sign at 1 4 October 23, 2018 Page 32 of 278 1-1 Minutes Swanny City Park. She concluded with a mention of the visit to the City offices of the Daisy Girl Scouts. Councilmember Derasary reported on a policy planning meeting of the Emergency Medical Services Special Services District board. She noted the Uranium Mill Tailings Remedial Action (UMTRA) site in Moab is hiring ten people due to the increased funding secured by the efforts of Councilmember Knuteson-Boyd, County Council Chair Mary McGann and Joette Langianese. Councilmember Duncan reported on the start of the new water measurement year. While the prior year, which ended at the start of October, was well below normal, the heavy rains in the new year put the Moab area at 45o percent of normal. Councilmember Guzman -Newton reported the school board is considering development of the former Red Rock school property for affordable housing for teachers and others. She noted the governor visited the high school and she reported she also attended the Census 2020 meeting and she is the local lead. She stated the local response rate in the last census was 25 percent. Guzman -Newton concluded with a report that she attended the PC public hearing to hear comments on the PAD. Councilmember Jones mentioned that Deb Barton resigned from her position at the Solid Waste district, which creates management challenges. He reported that rain briefly closed the Klondike landfill so trash was transported to San Juan county. Administrative Report: City Manager Everitt reported there was a gas line rupture at the site of the ioo West infrastructure project. He said the Moab Police Department took the lead. Residents and hotel guests were evacuated, parents at the elementary school were notified, and the dangerous situation was dispatched quickly and everything worked well with no liability for the City. Everitt concluded with a mention of an upcoming meeting of the Southeast Utah Association of Local Governments and a meeting of the state transportation commission later in November. Citizens to be Heard: There were no citizens to be heard. Presentation: (1:19 on recording) Students of the Month: Mayor Niehaus presented the Mayor's Student of the Month Awards for October 2o18 to Helen M. Knight Elementary School student Denis Cervantes and Moab Charter School student Elijah Coberly as well as the June Charter School Student of the Month Cyrus Ershadi. The Mayor acknowledged the financial sponsors, Mad Moose Events and Business Resolutions. Old Business: 0:26 on recording) Walnut Lane Real Estate Closing Approved Discussion: Senior Project Manager Dutson presented a preliminary analysis of phases one and two of the proposed affordable housing project. He explained that phase one will involve the bond and financing to close on the real estate. He stated the first anticipated objective of the project was to preserve 39 affordable units, engage a property management company, and to develop an on -site relocation plan. He continued that the second phase, to ensue during 2o19 and 2020, would likely cover the permitting process, on -site relocation, and construction of 8o to ioo affordable units. He explained financing goals and Councilmember Jones expressed his interest in highly efficient building construction. Discussion ensued regarding financing with Dutson and Alex Buxton of Zions Bank Public Finance division. The proposed loan rate would 2 4 October 23, 2018 Page 33 of 278 1-1 Minutes be 3.19 percent. Revenue mechanisms were discussed, as well as the appraisal on the real estate. Motion and Vote: Councilmember Jones moved to approve Resolution 49-2018, a Resolution Authorizing the Expenditure not to Exceed $1,815,000 and the Execution of Financing and Closing Documents by the City Manager for the Acquisition of Real Property Located at 193 West Walnut Lane. Councilmember Knuteson-Boyd seconded the motion. In a roll call vote, the motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman -Newton voting aye. Bag Ban Communications Plan —Discussion Council and Communication Director Church discussed outreach efforts including the upcoming Town Hall meeting. Private contributions for providing cloth bags to all students was brought up. Mayor Niehaus stated she would gather information. Councilmember Derasary asked for clarification regarding follow-up and talking points. Budget Amendment —Approved (2:37 on recording) Discussion: City Manager Everitt presented a brief recap of progress to date, including a public hearing. Councilmember Guzman -Newton raised concerns about the proposed recruitment and retention pilot program for public safety employees. Everitt, Stenta and Linares explained the pilot program and the salary survey process, and councilmembers deliberated the topic. Councilmember Knuteson-Boyd expressed she was not thrilled about $30,000 of funding for TrailMix but did not want to hold up the amendment of the budget due to individual line items. There was a question regarding the expense of a bike shade and it was explained that it was a minor expense. Everitt also explained some minor office improvements. Councilmember Derasary asked about revenue projections for the rest of the year and revisiting the budget later in the year. Motion and Vote: Councilmember Jones moved to approve Resolution #46-2018 — Amending the Fiscal Year 2018- 2019 Annual Budget. Councilmember Guzman -Newton seconded the motion. Councilmember Derasary stated her discomfort with the public safety recruitment and retention pilot program. In a roll call vote, the motion carried 4-1 aye, with Councilmembers Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye and Councilmember Derasary voting nay. City Parks Policies —Discussion (3:io on recording) The Mayor, Council and City Manager continued deliberation of revisions to the Parks Policies. Of concern to council members was language concerning economic benefits of Swanny Park special events and potential for reservable picnic tables at Swanny Park. New Business: Water Distribution and Storage Master Plan Approved Discussion: City Engineer Williams presented the plan. Councilmember Derasary asked about fire suppression requirements and Councilmember Jones brought up challenges to the location of the proposed new water tank. It was clarified that the location was tentative and Williams agreed to explore other locations that would provide similar water pressure advantages. Motion and Vote: Councilmember Jones moved to approve Resolution #40-2018 — Adopting City of Moab Water Distribution and Storage Master Plan. Councilmember Knuteson- Boyd seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Mill Creek Road West Construction Management Approved Discussion: City Engineer Williams explained the need for the construction management contract for the Mill Creek Road West/Utah State University (USU) infrastructure project and 3 4 October 23, 2018 Page 34 of 278 1-1 Minutes noted it was in the budget. Councilmember Jones brought up the high cost of the service and expressed concern about outsourcing jobs to other communities and suggested bringing this role in-house. Councilmember Duncan raised a concern about the closeness of the construction management firm with the contractor. Williams disagreed that this is an issue. Motion and Vote: Councilmember Guzman -Newton moved to approve a Construction Management Services Contract for the Mill Creek Road West/USU Project with Civil Science Infrastructure for an amount not to exceed $122,200. Councilmember Jones seconded the motion. The motion carried 5-o aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Approval of Bills: Councilmember Guzman -Newton moved to approve payment of bills against the City of Moab in the amount of $56o,219.9o. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Derasary seconded the motion. The motion passed 5-o aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor Niehaus adjourned the meeting at 9:06 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder 4 4 October 23, 2018 Page 35 of 278 1-1 Minutes MOAB CITY COUNCIL MINUTES --DRAFT SPECIAL CITY COUNCIL MEETING NOVEMBER 1, 2o18 Call to Order and Attendance: The Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A meeting recording is archived at http://www.utah.gov/pmn/index.html. Mayor Pro- Tem Tawny Knuteson-Boyd called the meeting to order at 12:01 PM. In attendance were Councilmembers Rani Derasary, Knuteson-Boyd and Mike Duncan. City Attorney Chris McAnany participated by telephone. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Stenta, Senior Project Manager Tracy Dutson, Assistant City Manager Joel Linares and Communication Director Lisa Church. One member of the media was in attendance. Approval of Proposed Resolution #50-2018 - A Resolution Authorizing the Expenditure of not to exceed $1,815,000 and the Execution of Financing and Closing Documents by the City Manager for the Acquisition of Real Property Located at 193 West Walnut Lane Presentation: Senior Project Manager Dutson briefly outlined the needed changes regarding bonds and the appointment of a third -party property management company for the Real Estate contract. City Attorney McAnany further explained the lease -purchase details with Zions Bank, including a slight difference in the interest rate. Motion and Vote: Councilmember Duncan moved to approve Resolution #50-2oi8 - A Resolution Authorizing the Expenditure of not to exceed $1,815,000 and the Execution of Financing and Closing Documents by the City Manager for the Acquisition of Real Property Located at 193 West Walnut Lane. Councilmember Derasary seconded the motion. In a roll -call vote, the motion passed 3-o aye with Councilmembers Derasary, Knuteson-Boyd and Duncan voting aye. Adjournment: Councilmember Derasary moved to adjourn the meeting. Councilmember Duncan seconded the motion. The motion passed unanimously. Mayor Pro-Tem Knuteson-Boyd adjourned the meeting at 12:09 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 1 of 1 November 1, 2o18 Page 36 of 278 1-2 Minutes MOAB CITY COUNCIL MINUTES --DRAFT SPECIAL CITY COUNCIL MEETING NOVEMBER 5, 2o18 Call to Order and Attendance: The Moab City Council held a Special Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A meeting recording is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 6:oo PM. In attendance were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Karen Guzman -Newton, Kalen Jones and Mike Duncan. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, Senior Project Manager Tracy Dutson, Assistant City Manager Joel Linares, City Planner Jeff Reinhart, Development Services Manager Sommar Johnson and Recorder/Project Specialist Eve Tallman. Sixteen members of the public and media attended. Discussion Regarding Occupancy Limits: City Planner Reinhart began the discussion by outlining examples of reasonable occupancy standards and maximum occupancy limitations. He described common minimum square footage standards and the "two plus one" rule which means that two adults are allowed in each bedroom plus one person, and thereby a two bedroom home could accommodate five adults. He described factors involving children. Councilmember Jones asked about a rental property owner's ability to stipulate fewer occupants than would be allowed under the applicable code. Mr. McAnany replied that this could be a discriminatory practice. Councilmember Knuteson- Boyd asked about whether there could be restrictions from using other rooms such as a den as a bedroom. Mayor Niehaus expressed her concern for the members of the workforce who are willing to increase home occupancy to retain affordability and her lack of enthusiasm for regulating occupancy. Councilmember Derasary asked if there are health and safety regulations already in place that may regulated occupancy. Reinhart described the standard for habitable space. McAnany referred to the International Property Maintenance Code which stipulates fifty square feet per occupant. Mayor Niehaus brought up the external impacts of occupants as the driver for regulation. Councilmembers discussed impacts of parking and similar effects. Councilmember Duncan brought up the high -density overlay proposal of the County. McAnany cited a state code that stipulates any single-family residence must accommodate no fewer than four adults. Discussion ensued about off-street parking, landscaping, and standards for the R-2 zone. Mayor Niehaus mentioned parking concerns for high -density housing and building height, as well as licensure for rental property owners. Derasary asked about the timeline for resolving the occupancy issue and Title 17 revisions including boarding and rooming houses. Proposed Ordinance #2o18-19 — Planned Affordable Development (PAD) as a High Density Affordable Housing Overlay Discussion: Reinhart presented images of minimally sized rooms in dwellings. Discussion followed on particulars of ratios of affordable units, mixed -size developments, and a scenario of a PAD in an R-2 neighborhood. Mayor Niehaus offered that a three-story four-plex would be limited by off-street parking and setbacks. Councilmember Guzman -Newton expressed discomfort with three-story apartments in a given neighborhood. Mayor Niehaus mentioned the example of the Purple Sage nightly rentals which were formerly eight one -bedroom apartments, and which, as a PAD, would require more off-street parking. Height standards were discussed. Mayor Niehaus proposed a 27' limit in R-2 and R-3 and a 36' limit in commercial zones. Johnson pointed out current code allows 3o' heights in R-3. Jones brought up setbacks and tapered height setbacks across zones. Duncan brought up tall dwellings that overlook lower Page 1 of 2 November 5, 2o18 Page 37 of 278 1-2 Minutes dwellings. Other discussion surrounded maximum heights, financing, and lockable storage. Fifty-year affordability standards were discussed. Mayor Niehaus noted submittal requirements. Johnson stated some submittal requirements are costly and are a detriment to affordable developments. Councilmember Derasary acknowledged the planning commission worked on the topic for several years yet expressed concern that she had only seen the document three times. Duncan concurred. Both Derasary and Jones stated they had several questions. Derasary asked about the C-3 zone and Johnson explained there may be no benefit to pursue a PAD. Derasary also mentioned cul-de-sacs and flag lots. Derasary also brought up differences between the affordable housing definition in the PAD and one in documents jointly considered with the County. She also asked about enforcement of code violations. Councilmember Jones asked about open space and common space requirements. Proposed Ordinance #2018-2o — Assured Workforce Housing Policy Discussion: Planner Reinhart introduced the topic. Council and staff discussed changes recommended by the Planning Commission, including length of deed restrictions and contingency plans for a deadline to pass the workforce housing ordinance. The Nexus study recommendation for fee -in -lieu came up, as well as the affordability formula and the limitation of the fee to lodging developments, owner -provided housing, and land parcels. Council also discussed a formula for townhomes and condominiums, and the proposed requirement for two appraisals. Audience member Audrey Graham suggested a change in wording regarding management of affordable housing. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting at 9:31 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 2 of 2 November 5, 2018 Page 38 of 278 1-2 Minutes Moab City Council Agenda Item Meeting Date: July 11, 2017 #: 6-1 Title: Approval of Fee Waiver for Seekhaven Puttin' on the Ritz Fundraising Event to be held February 16, 2019 at the Grand Center. Date Submitted: November 5, 2018 Staff Presenter: Carmella Galley Attachment(s): Fee Waiver Request Options: Approve, deny, or modify. Recommended Motion: I move to approve the "Special Event Fee Waiver Request for Seekhaven's Puttin' On the Ritz Fundraiser not to exceed $200." Background/Summary: The Seekhaven Family Support Center has submitted all of the required applications to hold the annual Seekhaven Puttin on the Ritz Fundraiser, utilizing the Grand Center. The event has been administratively approved along with the Local Consent The Fee Waiver Request is coming to you at this time as the Sponsorship Application submission deadline falls after the event is being held. Seekhaven is aware they will need to apply for a sponsorship for other upcoming events that may need fees waived. Page 39 of 278 6-1 Special Events Sez4toweA Family Crisis & Resource Center Making an impact since 1990 Board of Trustees President Alison Ling Co -Vice Presidents Sandy Hinck Board Barbara Browning Ruth Dillon Angela Houghton Katherine Sullivan Sharifeh Robinson Executive Director Madeleine Fisk David Everitt Moab City Council 217 East Center Street Moab, Utah 84532 RE: Request for fee waiver for Special Event Fee of $200 Dear David Everitt & Moab City Council, On behalf of Seekhaven staff, clients, and board of trustees, I express sincere appreciation for your continuing partnership with Seekhaven in addressing our community's domestic violence and sexual assault issues. In connection with that goal, you are probably aware that each year we hold our annual fundraiser, Puffin' on the Ritz, to secure addition operational funds necessary to continue offering high quality support to local survivors. This year's event will take place on February 16, 2019, at the Grand Center. The location makes it necessary to obtain the appropriate licensing permits to hold this event. Since the fees attached to these permits pose a significant obstacle to our ability to maximize fundraising efforts, I respectfully request that these fees be waived. I appreciate your support and your sensitivity to the issues we face. Please let me know if I can be of further assistance in providing any other information that will help in making this recommendation. Sincerely, adeleine Fisk Executive Director Mission: Empowering individuals & families to survive domestic violence & sexual assault & to thrive in a strengthened community. Page 40 of 278 6-1 Special Events Moab City Council Agenda Item Meeting Date: November 13, 2018 #: 7-1 PL-18-44 Title: Consideration to Adopt Ordinance #2018-01 to Repeal Conditional Uses from the Moab Municipal Code Date Submitted: April 16, 2018 Applicant: City Staff Presenter: Jeff Reinhart, Planning Director; Sommar Johnson, Development Services Coordinator Attachment(s): Final Draft of Ordinance #2018-01 Options: Adopt, Adopt with changes Recommended Motion: I move to adopt Ordinance #2018-01 to remove conditional uses from the Moab Municipal Code and amend the uses to be allowed uses with standards in Title 17 of the Municipal Code and add definitions as recommended by the Planning Commission. Background/Summary: Attached is a clean version of Ordinance #2018-01 that incorporates changes discussed in the City Council workshops. The two chapters of code, MMC 17.09.530 and 17.09.531 that deal with conditional uses will be repealed in their entirety and those uses that are "conditional" will now become "allowed uses with standards." In addition, some uses that were conditionally allowed before have been removed from some zones (i.e., bed and breakfast facilities removed from R-3 and R-4). Additional definitions are proposed for inclusion in MMC 17.06.020 for uses that were listed but not defined. The following changes have been made through the various versions of the ordinance. 1. Alphabetized all uses 2. Changed "family" to "household" 3. Changed "secondary dwelling unit" to "accessory dwelling unit" 4. Changed "churches" to "places of worship" 5. Consolidated similar uses into a single use. (i.e., animal pound or kennel and veterinary clinic changed to "veterinary clinic") 6. Changed all day care terminology in code (i.e., child day care centers in R2, R3, and R4. Large commercial and home -based day-care centers in 17.09.530&17.09.531) to "day care". Simplified the standards in residential to encourage the use and eliminated the standards in some commercial zones. 7. Simplified standards for group homes and added appropriate occupancy number based on the zone. 8. Simplified standards for schools. 9. Removed bed and breakfast facilities from all residential zones. Added bed and breakfast facilities to C-1. 10. Removed boarding and rooming houses from R-3 and R-4. 11. Allow accessory dwelling units to be constructed that are smaller than five hundred square feet in area. 12. Removed "lodging (under ten units)" from C-2. Added bed and breakfast facilities. 13. Removed day care standards in C-3 and C-4 Page 41 of 278 7-1 Old Business This ordinance principally converts conditional uses to permitted uses with standards, and in some cases removes certain uses from residential zones. Page 42 of 278 7-1 Old Business ORDINANCE #2018- 01 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 17.18, 17.20, 17.21, 17.24, 17.27, 17.30, 17.31, 17.35, 17.36, 17.42, 17.45, 17.48, 17.51, and 17.54 PERTAINING TO USES IN THE SPECIFIC ZONES; AMENDING CHAPTER 17.06.020 DEFINITIONS; AMENDING SECTION 17.69 SECONDARY DWELLING UNITS TO READ "ACCESSORY DWELLING UNITS"; AND REPEALING CHAPTERS 17.09.530 AND 17.09.531, CONDITIONAL USES 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 experienced complications in uses with the status of "Conditional" and desires to remove them from the schedule of uses in each zone. c. Council believes that removal of conditional uses is necessary to: i) eliminate misunderstandings of the review criteria; ii) assure that there is a clear understanding of the allowed uses in each zone; iii) promote development in accord with the objectives and characteristics of the zones while providing sufficient standards to mitigate potential impacts on adjacent properties d. Repealing Chapters 17.09.530 and 17.09.531 that deal with Conditional Uses will aid in removing ambiguity from the Code. e. Amending the definitions in MMC Section 17.06.020 will provide clear descriptions of uses that have not been defined in past iterations of various code sections. f. The City finds that this ordinance will serve the public health, safety, and welfare, and that adoption is in the best interests of the Moab community. g. This ordinance was reviewed by the Planning Commission on February 22, 2018, and in an unanimous vote, the Commission recommended that City Council adopt Ordinance #2018-01. Therefore, the City of Moab enacts as follows: Sections 17.09.530 and 17.09.531 are hereby repealed in their entirety and the City Council adopts the following amendments to the Code: Page 43 of 278 7-1 Old Business 17.18 A-2 Agricultural Zone 17.18.020 Permitted uses and Regulations. 1. Agriculture 2. Agriculture buildings 3. Cemeteries, public and private No cemetery, or any extension of an already existing cemetery, shall hereafter be established in the city without a site plan permit process, as outlined in Chapter 17.67. A. Application Required. Application for the establishment of a cemetery or for the extension to an existing cemetery shall be made on forms provided by the zoning administrator. The application shall include: 1. The name(s) and address(es) of the owner(s) of the land; 2. The area(s) of the property that will be used for burial purposes; 3. The area(s) of the property that will be used for screening purposes; 4. An appropriate fee as adopted by resolution of the city council; 5. Detailed site plans drawn to scale by a licensed professional Utah registered land surveyor or professional engineer as per Chapter 17.67; 6. A written legal description of the cemetery; 7. A narrative describing the: i. Age and condition, ii. Historical significance if applicable, iii. Whether the cemetery is religious, family, organizational, or publicly owned, iv. Any prehistoric or historic archaeological discoveries on the property, and v. A written description of names and vital dates of those interred. B. Expansion/Disruption. If the expansion requires a disruption of existing burial sites, the applicant shall provide a detailed site alteration plan indicating the extent of disruption of the cemetery, methods of construction or removal of human remains, and reburial plan. Such plan shall include a written description and visual drawing of the plan showing the relocation of graves. C. Standards of Approval to be Specified. A resolution shall be prepared establishing specific standards of compliance to create/extend a cemetery. These shall be based on: 1. The need for the proposed cemetery or extension; 2. The desirability of the location; 3. Specific areas to be used for burial purposes and screening; 4. Type and extent of landscaping; 5. Amount of guarantee bond for improvements; 6. Light, glare, dust, noise; 7. Traffic impacts; 8. Parking. 4. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; Page 44 of 278 7-1 Old Business 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 5. Golf courses Golf courses must contain a minimum of ten acres. Applications for golf courses must follow the site plan requirements of Chapter 17.67 and must address the following standards: A. Golf course designs shall implement nonpoint source pollution best management practices (BMPs). B. Course designs and best management plans shall be submitted to the Moab City planning department for review. C. Course designs must show that there are no encroachments into areas restricted from development and to minimize the impact of the overall site development on natural resources of the area. The design must meet the requirements of Section 17.67, site plan required, and contain the following supplemental information: 1. Address stream, wetland, and habitat protection; 2. Contain an environmental constraints analysis that includes the existing environmental conditions on the site and a report with plans that provide: i. Field located streams, ponds or other water bodies, name of watershed and sub -watershed and stream use class designation, ii. Field located wetlands including documentation of vegetation, soils, and hydrology, iii. Wetlands classifications (Cowardin; National Vegetation Classification Standard for wetlands), iv. Calculated one hundred -year floodplain, v. Topography with slopes differentiated as 1--25%, 26--39%, 40--45%, and 46%+, vi. Existing land cover (e.g., forest, meadow, old field, etc.). vii. Location of significant plant and/or animal habitat including: documentation of species, date of last known siting, status, and source of documentation. D. Application of Regulations and Policies. After verification of the existing environmental conditions by the U.S. Army Corps of Engineers or other federal agency, the applicant will identify on the plan those areas of the site that would be restricted from development by: (1) denoting buffer boundaries, (2) denoting those areas of significant habitat determined to exist on site that will be preserved, and (3) denoting those existing areas that will be preserved. E. Design Standards for Preliminary Plan. After the applicant has determined the areas restricted from development, a plan should be prepared for submission to the planning department that shows the proposed lay -out of the golf course. The plan shall include the following: 1. Tees, greens, fairways, and practice range; 2. Buildings (e.g., clubhouse, maintenance facilities, etc.); 3. Roads, cart paths, and parking lots; 4. Conceptual design for the management of storm water runoff and water quality including locations and methods and documentation that these locations and methods are practical; and 5. Location of irrigation wells and/or ponds. F. Approval of Encroachments. If any of the above facilities would require encroachment on buffers, streams, wetlands or floodplains, approval must be granted by the U.S. Army Corps of Engineers or other federal agency. 6. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the A-2 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. D. Such homes may provide living arrangements for not more than eight residents per home (excluding supervisory personnel). Page 45 of 278 7-1 Old Business 7. Home occupations subject to the requirements set forth in Section 5.08.050. 8. One -household dwellings and accessory uses 9. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Depai Unent, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 10. Planned unit developments which are connected to a public sewer, subject to the requirements set forth in Chapter 17.66 11. Premises agricultural occupations This type of occupation specifically concerns the retail sale of feed, seed, fertilizer, equipment and similar items used in agriculture. The following standards shall be met for this type of business: A. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways. B. Hours of operation shall be confined to 7:00 a.m. to 7:00 p.m. C. Dust, glare, odor, and noise shall be confined within the boundaries of the property. D. All signs shall comply with the sign regulations of Chapter 15.44 and shall not exceed fifteen square feet. E. Outside storage of products for sale is limited to hours of operation 12. Public facilities This type of use shall be allowed in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Compliance with all applicable City regulations regarding noise, odor and glare.; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 13. Public parks 14. Raising, care and keeping of animals and fowl for household use and consumption 15. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 16. Utility provider structures Page 46 of 278 7-1 Old Business New construction of water lines, sewer lines and electric substations and structures may be constructed subject to the approval of the planning commission and council with a review of a subdivision plat. Such construction is not required to apply for a separate permit but must satisfy the requirements below. Expansions of existing facilities are also subject to the approval of the planning commission and council, and subject to the standards below. The planning commission may require standards in accordance with the following language that are reasonably necessary to protect surrounding property values and residential amenities. A. These types of facilities include but are not limited to: 1. Electrical utility facility, provided transmission lines are excluded from the requirements of this section if visibility is essential to safety, security, or maintenance access; 2. Solid waste disposal facility; 3. Water pumping plants and pipelines; 4. Public utility buildings and structures (except power plants); 5. Flood control structures; 6. Substations; 7. Sewage treatment plants subject to review and approval of the State Department of Health. B. Site Standards. 1. Architectural Form and Character. A building housing all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed inside of a building or to isolate minor elements such as pad mounted transformers, telephone pedestals and metering stations. 2. Screening and Fence Requirements. A utility facility must be site screened with landscaping and/or fencing. Landscape development, shall include retention of significant trees, as necessary to maintain and protect property values, enhance the visual appearance of the city, to preserve the natural character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the city. a) The planning department and community development director shall review the proposed landscape plan with each application and make a recommendation to the planning commission. b) The applicant shall provide site perimeter landscaping that consists of a minimum width of ten feet and includes: i. Evergreen and deciduous trees, with no more than fifty percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than thirty feet on center; ii. A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years. 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a) Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. b) Earth -mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown land use district. c) A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. 4. Equipment and vehicle storage yards require fifteen feet of landscaping on all sides if visible from a public right-of-way. 5. Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter landscaping as required. Page 47 of 278 7-1 Old Business 6. Alternative landscaping may be approved by the planning commission if the landscaping will provide the desired screening as noted below: a) The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and b) The proposed landscaping either: i. Incorporates the increased retention of significant trees and naturally occurring undergrowth; ii. Better accommodates or improves the existing physical conditions of the subject property; iii. Incorporates elements to provide for wind protection or to maintain solar access; iv. Incorporates elements to protect or improve water quality; or v. Incorporates native species in a design that buffers a critical area from uses on the site, including parking. 17. Veterinary clinic with kennel A. Noise, odor and glare shall be contained on the property. B. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. C. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. D. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection B above. E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m. G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block wall or combination thereof and be in accordance with the requirements of Sections 17.09.360 (landscaping --required) and 17.09.370 (landscaping --specifications). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. 17.18.050 Location requirements. 1. Front Setback. All buildings and structures shall be set back at least twenty-five feet from the front lot line or fifty-five feet from the centerline of any public street, whichever is greater. 2. Side Setback. All dwellings shall be set back from the side property line a distance of at least ten feet and the total distance of the two side setbacks shall be at least twenty-four feet. On corner lots, the side setback from any street shall not be less than twenty-five feet for main buildings. 3. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least twenty-five feet. For corner lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least twenty feet. 4. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure. 5. Livestock and fowl setback. Uses for the care and keeping of livestock and fowl shall be located at least one hundred feet distance from any existing dwelling and one hundred feet from the front property lines. 17.18.070 Special provisions. The maximum density in a planned unit development shall not exceed one dwelling unit per five acres of land contained in the development. Page 48 of 278 7-1 Old Business 17.20 C-1 Commercial — Residential 17.20.020 Permitted uses and Regulations. 1. Arts and crafts shop less than three thousand square feet 2. Bed and breakfast facilities All Bed and Breakfast facilities shall comply with the following standards: A. Bed and breakfast facilities may be allowed where the proprietor can show evidence of compliance with the standards and procedures outlined below and where there is minimal impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a business license, and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid business license. B. A written letter sworn before a notary public shall be provided by the owner(s) stating that such owner or a manager will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder. C. The bed and breakfast shall conform to the requirements for landscaping found in Sections 17.09.360 through 17.09.420. D. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. A bed and breakfast shall not be located on a cul-de-sac, dead-end street, or a zoning lot with a street frontage of less than fifty feet. E. There shall be a minimum perimeter separation of three hundred feet between property lines of bed and breakfasts. F. Construction and alterations of bed and breakfast facilities shall not alter the residential appearance of the dwelling. A new structure shall not be constructed solely for the use of a bed and breakfast. A property owner may not operate a bed and breakfast for a period of five years after the date a certificate of occupancy is issued. Bed and breakfast facilities shall be located in an existing structure that is a minimum of two thousand square feet in size. Additions to an existing structure for a bed and breakfast use shall not exceed twenty percent of the total area of the existing structure. G. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility. A maximum stay shall not exceed thirty days, and meals shall be served only to guests. One off- street parking space for trailers must be provided per every two off-street parking spaces for vehicles. H. No bed and breakfast facility shall rent for compensation more than five rooms. Suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. I. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. J. Signs are limited to one non -flashing sign not larger in area than four square feet. If lighted, the light shall be diffused or shielded and downward directed. K. All bed and breakfast facilities shall pay water and sewer rates according to the rates established by the City Council. L. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax, and pay a city gross business license fee. M. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. 3. Day care Day care shall be permitted to operate subject to the following standards: Page 49 of 278 7-1 Old Business A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 4. Financial institutions Standards for drive -through windows for financial institutions: A. The drive -through use shall not interfere with traffic circulation to and from the building site; B. The drive -through use shall not hinder the use of available parking areas or access to parking areas; C. The drive -through use shall utilize additional landscaping, berms, and/or fencing as required to serve as a buffer for light and/or noise; D. Design features shall be incorporated for the sufficient protection of adjacent uses from adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions; E. Provisions for proper maintenance of the drive areas, lighting, signage, landscaping, etc. shall be provided; F. The drive -through window shall be operated only during normal business hours; G. The developer or proprietor must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 5. Funeral establishments 6. Greenhouses and nurseries 7. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the C-1 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. 8. Gymnasiums 9. Home occupations subject to the requirements set forth in Section 5.08.050 10. Hospitals 11. Multi -household dwellings Developments consisting of seven or more multi -household more units shall be subject to the following additional requirements: A. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. B. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. C. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. Page 50 of 278 7-1 Old Business D. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. E. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. F. Apartments and court apartments shall designate an open space/recreation area that is a minimum of two hundred (200) square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room ("rec room") or club house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation- also called a "rec room". 12. One -household dwellings and accessory uses 13. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 14. Planned unit developments subject to the requirements in Chapter 17.66 15. Professional offices 16. Public buildings This type of use shall be allowed when in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Dust, glare, odor, and noise shall be confined within the boundaries of the property; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. Traffic from the proposed use shall not create a significant negative impact on the neighborhood. 17. Public parks 18. Retail establishments that are less than three thousand square feet 19. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 20. Two -household dwellings and accessory uses 21. Veterinary Clinic with Indoor Kennel Page 51 of 278 7-1 Old Business A. Noise, odor and glare shall be contained on the property. B. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. C. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. D. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection B above. E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m. G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block wall or combination thereof and be in accordance with the requirements of Sections 17.09.360 (landscaping --required) and 17.09.370 (landscaping --specifications). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. 22. Wholesale establishments less than three thousand square feet Page 52 of 278 7-1 Old Business 17.21 C-2 Commercial — Residential 17.21.020 Permitted Uses and Regulations. The following uses shall be permitted in the C-2 commercial -residential zone upon compliance with requirements set forth in this title: 1. Art and craft shops 2. Assembly of appliances from previously prepared parts (contained within a building) 3. Bed and breakfast facilities All Bed and Breakfast facilities shall comply with the following standards: A. Bed and breakfast facilities may be allowed where the proprietor can show evidence of compliance with the standards and procedures outlined below and where there is minimal impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a business license, and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid business license. B. A written letter sworn before a notary public shall be provided by the owner(s) stating that such owner or a manager will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder. C. The bed and breakfast shall conform to the requirements for landscaping found in Sections 17.09.360 through 17.09.420. D. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. A bed and breakfast shall not be located on a cul-de-sac, dead-end street, or a zoning lot with a street frontage of less than fifty feet. E. There shall be a minimum perimeter separation of three hundred feet between property lines of bed and breakfasts. F. Construction and alterations of bed and breakfast facilities shall not alter the residential appearance of the dwelling. A new structure shall not be constructed solely for the use of a bed and breakfast. A property owner may not operate a bed and breakfast for a period of five years after the date a certificate of occupancy is issued. Bed and breakfast facilities shall be located in an existing structure that is a minimum of two thousand square feet in size. Additions to an existing structure for a bed and breakfast use shall not exceed twenty percent of the total area of the existing structure. G. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility. A maximum stay shall not exceed thirty days, and meals shall be served only to guests. One off- street parking space for trailers must be provided per every two off-street parking spaces for vehicles. H. No bed and breakfast facility shall rent for compensation more than five rooms. Suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. I. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. J. Signs are limited to one non -flashing sign not larger in area than four square feet. If lighted, the light shall be diffused or shielded and downward directed. K. All bed and breakfast facilities shall pay water and sewer rates according to the rates established by the City Council. L. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax, and pay a city gross business license fee. Page 53 of 278 7-1 Old Business M. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. 4. Carpentry shops 5. Convenience establishments that are less than three thousand square feet 6. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 6. Eating establishments less than 2,000 square feet excluding drive-ins or drive through services 7. Electrical appliance shops (wholesale) 8. Engraving and printing establishments 9. Funeral establishments 10. Greenhouses and nurseries 11. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the C-2 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. 12. Gymnasiums 13. Home occupations subject to the requirements set forth in Section 5.08.050 14. Hospitals 15. Multi -household dwellings Developments consisting of seven or more multi -household units shall be subject to the following additional requirements: A. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. B. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. C. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. D. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. E. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. F. Apai intents and court apai indents shall designate an open space/recreation area that is a minimum of two hundred (200) square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room ("rec room") or club Page 54 of 278 7-1 Old Business house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation- also called a "rec room". 16. One -household dwellings and accessory uses 17. Outfitters and guide services and facilities 18. Parking lots (commercial) 19. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 20. Professional offices 21. Public buildings This use shall be allowed when in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Dust, glare, odor, and noise shall be confined within the boundaries of the property; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. Traffic from the proposed use shall not create a significant negative impact on the neighborhood. 22. Public parks 23. Retail establishments that are three thousand square feet or less 24. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 25. Secondhand stores 26. Service establishments 27. Two -household dwellings and accessory uses 28. Veterinary Clinic with Indoor Kennel A. Noise, odor and glare shall be contained on the property. B. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. C. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. Page 55 of 278 7-1 Old Business D. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection B above. E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m. 29. Wholesale establishments that are less than three thousand square feet (wholesale establishments with stock on premises but excluding establishments whose principal activity is that of a storage warehouse) Page 56 of 278 7-1 Old Business 17.24 C-3 Central Commercial Zone 17.24.020 Permitted Uses and Regulations: 1. Assembly of appliances from previously prepared parts 2. Auto body and fender shops, auto painting 3. Bars 4. Day care 5. Drive -through windows 6. Dwellings above the ground floor of a nonresidential structure 7. Eating establishments 8. Engraving and printing establishments 9. Funeral establishments 10. Ground floor dwellings for legally constituted housing authorities or legally recognized affordable housing nonprofit or land trust. Ground floor dwellings shall be allowed in the C-3 zone when all of the following exist: A. The owner of the property is a legally constituted housing authority as recognized by the state of Utah, Grand County, or the City of Moab, or alternatively, the owner of the property is a legally recognized affordable housing nonprofit or land trust. B. The dwellings are limited to affordable housing units, which shall be defined as housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent of the median gross income of Moab City or Grand County for households of the same size; and C. No existing commercial or retail activities shall be displaced. Ground floor dwellings permitted under the provisions of this chapter shall be exempt from the designated recreation area requirements of Section 17.09.670. 11. Ground floor employee dwellings. Dwellings and apartment houses are permitted on the ground floor only when constructed in conjunction with a commercial use. Such dwellings and apartment houses on the ground floor must adhere to the following standards: A. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; B. The housing units shall be located on the business property or on a directly adjacent property; C. Housing shall meet all residential standards of the International Building Code; D. The lease term shall be for a period of not less than thirty-one days; E. In no case shall employee housing be physically located in the front of a building, and where all ground floor building frontage is used exclusively for business related purposes and not housing ingress/egress; F. Employee housing may be allowed at a rate of up to twenty percent of the commercial structure; and G. Off-street parking shall be provided at a rate of 0.75 spaces/unit. 1) An exception to the required employee housing parking spaces may be granted by the planning commission if the applicant can show that more than sufficient parking exists for the commercial use; 12. Gymnasiums 13. Historic dwelling Dwellings that have or may have historical significance may apply for historic designation through the review process contained in Chapter 17.90. The dwelling must satisfy the review criteria and meet the standards included in that chapter. 14. Hospitals 15. Lodging Page 57 of 278 7-1 Old Business 16. Parking lots (commercial) 17. Professional offices 18. Public facilities 19. Public parking structures 20. Retail establishments 21. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 22. Service establishments 23. Service stations 24. Vehicle sales and rentals 25. Vehicle repair 26. Veterinary Clinic with Indoor Kennel A. Noise, odor and glare shall be contained on the property. B. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. C. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. D. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection B above. E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m. 27. Wholesale establishments with stock on premises but excluding establishments whose principal activity is that of a storage warehouse Page 58 of 278 7-1 Old Business 17.27 C-4 General Commercial Zone 17.27.020 Permitted Uses and Regulations. 1. Asphalt/Concrete Batching Plant, Temporary (not to exceed one calendar year) A temporary asphalt or concrete batching plant for producing asphalt or concrete products used in construction activities on the same or nearby sites is permitted subject to the following standards. A. The batching plant site shall comply with all applicable provisions of city, state and federal laws. B. The batching plant shall not be located within six hundred feet of a residence. C. Hours of operation will be limited to Monday through Friday, 7 a.m. to 7 p.m. D. The batch plant may operate for up to six months, with a single renewal of a six month time period permitted by the zoning administrator. E. No portion of the batch plant or its operation shall be located on a public street. F. The batch plant shall only furnish concrete, asphalt, or both, to a specific project. The placement of a temporary batching plant for a private project is restricted to the site of the project. G. The site must be clear of all equipment, material and debris upon completion. H. All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty days of completion of the project. I. At termination and/or removal of the plant operation, operator shall have the person responsible walk the site with the building official or his/her designee to verify the site meets city approval. J. Compliance with all applicable City regulations regarding noise, dust, odor and glare. 2. Assembly of appliances from previously prepared parts 3. Auction houses 4. Auto body and fender shops, auto painting, welding and sheet metal shops 5. Bars 6. Caretaker dwellings 7. Day care 8. Dwellings above the ground floor of a nonresidential structure 9. Dwellings in the C-4 Commercial Zone. All dwellings, other than ground floor employee dwellings, on the ground floor shall be subject to the following requirements: A. Minimum wall dimensions of the principal structure, excluding garage, shall be twenty-four feet. B. All principal residential structures shall: 1. Be placed on a slab -on -grade or perimeter foundation as approved by the building department; 2. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco; 3. Have a minimum 4:12 roof pitch and a one foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); 4. The combined total area of all primary, secondary, and accessory buildings on a lot may cover not more than seventy-five percent of the lot area. 5. Buffering is required in accordance with other provisions of this chapter; 6. Minimum Setbacks for Residential Structures in the C-4 Zone. Front yard 30 feet Side yard 15 feet Rear yard 20 feet Minimum Setbacks for Residential Structures in the C-4 Zone C. Multi -household dwellings of seven or more units shall be subject to the following additional requirements: 1. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. Page 59 of 278 7-1 Old Business 2. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. 3. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. 4. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. 5. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. 6. Apartments and court apat tments shall designate an open space/recreation area that is a minimum of two hundred (200) square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room ("rec room") or club house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation. 10. Eating establishments 11. Engraving and printing establishments, 12. Farm equipment sales 13. Funeral establishments 14. Ground Floor Employee dwellings Employee dwellings on the ground floor of a non-residential use must adhere to the following standards: A. The housing units shall be for employees of the business that operates the premises on which the employee housing units are built; B. The housing units shall be located on the business property or a directly adjacent property; C. Housing shall meet all residential standards of the International Building Code; D. Housing shall house employees for a period of not less than thirty-one days; E. In no case shall employee housing be located in front of buildings and such units shall be located in the rear portion of commercial business structures; F. Employee housing may be allowed at a rate of up to two units per ten thousand square feet of the floor area of the commercial structure and shall not exceed one thousand square feet per unit in size; and G. Off-street parking shall be provided at a rate of 0.75 spaces/unit. 1) An exception to the required employee housing parking spaces may be granted by the planning commission if the applicant can show that more than sufficient parking exists for the commercial use; 15. Gymnasiums 16. Hardware stores and lumber yards 17. Historic dwelling Dwellings that have or may have historical significance may apply for historic designation through the review process contained in Chapter 17.90. The dwelling must satisfy the review criteria and meet the standards included in that chapter. 18. Hospitals 19. Laboratories, but not including activities which are hazardous by reason of explosion, fire, chemical, biochemical, or other danger 20. Lodging 21. Manufactured home sales The following additional items shall be used during review of applications for this use in an effort to mitigate impacts from the sales of factory built structures: Additional landscaping, berms, screening, fencing, increased setbacks, hours of operation, storm water management, compatibility in terms of Page 60 of 278 7-1 Old Business appearance, architectural scale and features, site design and scope, the control of adverse impacts from noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking, [Other undesirable or hazardous conditions] 22. Manufacturing, compounding and processing 23. Parking lots (commercial) 24. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated (UCA). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 25. Professional offices 26. Public facilities 27. Public and private research establishments 28. Recreational Vehicle Park or Campground The following provisions are intended to manage the development of RV parks while minimizing land use conflicts and environmental degradation: A. Trees and other landscaping serving as a buffer to other adjacent uses must surround the area for a minimum distance of fifteen feet. Landscaping shall be in accordance with the requirements of Chapter 17.09.360 B. A solid decorative privacy wall or wooden privacy fence shall be constructed and maintained around the park perimeter. C. A minimum separation of twenty feet shall be maintained between each RV unit. D. Adequate sanitation facilities and ADA facilities shall be provided and maintained for the maximum number of units as per the International Building Code Appendices. E. A minimum area of ten percent or five hundred/ two hundred square feet, whichever is greater, must be provided as open space for a playground and/or picnic area. F. Traffic patterns within the park and ingress and egress from adjacent streets shall be designed to minimize congestion at all intersections. G. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. for the office and other park facilities. 29. Retail establishments 30. Schools All schools shall be subject to the regulations established by Utah State Code Annotated (UCA). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. D. Adequate parking for the intended use is provided. 31. Second Hand stores 32. Self -storage warehouses. Page 61 of 278 7-1 Old Business A. All new self -storage warehouse facilities or expansions are subject to approval of a site plan as described in Chapter 17.67, Site Plan Review. B. All drives and parking area surfaces shall consist of a maintained all-weather dust free surface such as asphalt, concrete, bricks, pavers, cobblestones or some other porous surface, but gravel is not allowed. C. Drive lanes must be of a sufficient width to allow vehicles to pass when another is loading or unloading by a unit. D. Traffic impacts shall be evaluated and mitigated in accordance with Sections 17.67.040(M) and (N)- E. Self -storage warehouses shall be screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. Fences/walls shall be constructed to a minimum of six feet in height when adjacent to other commercial zones and no less than eight feet when adjacent to residential zones. Landscaping shall also be incorporated into the screening effort at the following rate: 1. Landscape designs shall be in harmony with the environmental context of the development site. Preservation of native, on -site vegetation shall be a primary objective of site planning for development. Specimen plants shall be given particular consideration for retention on site. 2. Wherever the undisturbed natural desert landscape cannot be preserved, landscape design and construction shall promote the use of transplanted, on -site desert plants, container plants, seeded desert plants and inorganic ground covers. This standard shall be particularly emphasized on all landscaped areas abutting public rights -of -way. 3. Trees shall be a minimum of fifteen gallons in size, or of comparable height if bare -rooted, at planting time. If twenty -four -inch box trees or transplanted trees of two-inch caliper or larger are planted for all of the required trees, a reduction of one required tree per one hundred linear feet will be allowed. i. Trees shall be planted at appropriate intervals so that a continuous perimeter canopy will be provided at maturity and not be at a rate of less than four canopy trees and six understory trees per one hundred feet of buffer length; ii. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, traffic sight lines and the property rights of adjacent property owners; iii. Any tree placed in the sight visibility triangle must be of a box size large enough to be immediately pruned up to a seventy -two-inch height for clear sight visibility. All other trees shall be placed so that severe pruning is not required to keep the sight visibility triangle clear. 4. Trees located within sight visibility triangles shall not exceed one foot in their greatest crosssectional dimension at maturity and shall not be planted in a line that could result in a solid wall effect when viewed at an angle; and i. Trees planted within ten feet of public sidewalks or curbs shall be provided with suitable root diverters to minimize heaving of those improvements. 5. Ground Covers. i. When inorganic ground covers are used they shall be in combination with live plants and not exceed two-thirds of the total area of applied ground covers. ii. Turf use is prohibited. iii. Unpaved areas in any plant bed, median or tree understory within a planter shall be planted with shrubs, accents or vines, or covered with appropriate organic and inorganic ground covers. iv. All areas not required for buildings, access drives, parking spaces, trails, and accessory uses shall be landscaped. 6. Shrubs. i. Shrubs shall be either deciduous species planted at two and one-half feet in height with a mature height of at least six feet or a coniferous species planted at two and one-half feet Page 62 of 278 7-1 Old Business in spread. Shrubs shall be at least five gallons in size or at least thirty -inch -tall pots at planting time; ii. Shrubs shall be planted at a rate of twenty-four shrubs for each one hundred feet of buffer length, or a portion thereof. F. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of the property. G. Landscaping shall be provided in accordance with the requirements above. Landscaped screening shall be provided and maintained along the perimeter of the property and consist of ten feet in depth. H. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. I. The lot size shall be between a minimum of two acres and a maximum of five acres. J. The total area covered by buildings shall not exceed fifty percent of the site. K. The maximum height of the enclosed building or buildings permitted shall not exceed twenty feet. L. No outside storage is permitted except for large vehicles and boats that are under a permanent cover. The permanent cover shall not exceed twenty-four feet in height. M. The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited. N. No business activity other than the rental of storage units shall be conducted on the premises. O. One dwelling unit is permitted on the same lot for use as a caretaker dwelling. 33. Service establishments 34. Service stations 35. Trucking companies A. Parking areas shall be paved with an all-weather hard surface such as concrete or asphalt that will not generate dust or gravel deposits on paved roadways. B. A minimum of fifteen percent of the parking area shall be landscaped with: 1. Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. 2. Earth -mounding, an average of three and one-half feet in height, planted with trees, shrubs or living ground cover so that the ground will be covered within three years. A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. 3. Evergreen and deciduous trees, with no more than fifty percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than thirty feet on center. C. Odor, glare, and noise shall be confined to the property. D. Adjacent properties shall be buffered by perimeter landscaping a minimum of fifteen feet in width. E. Parking areas shall be illuminated by pole lighting only that shall be downward directed with full cut-off fixtures dispersed throughout the parking area and shall provide a minimum of .5 candle power and not more than 1.0 candle power of illumination. No light shall be placed on the eave or side of buildings and be directed outward toward the perimeter of the property. F. Adequate access/ingress shall be provided so as not to impact traffic patterns in the area. G. Refrigerator units shall not be allowed to run from the hours of 10:00 p.m. to 7:00 a.m. 36. Utility provider structures Utility Provider Structures and Buildings. New construction of water lines, sewer lines and electric substations and structures may be constructed subject to the approval of the planning commission and council with a review of a subdivision plat. Such construction is not required to apply for a separate permit but must satisfy the requirements below. Expansions of existing facilities are also subject to the approval of the planning commission and council, and subject to the standards below. The Page 63 of 278 7-1 Old Business planning commission may require standards in accordance with the following language that are reasonably necessary to protect surrounding property values and residential amenities. A. These types of facilities include but are not limited to: 1. Electrical utility facility, provided transmission lines are excluded from the requirements of this section if visibility is essential to safety, security, or maintenance access; 2. Solid waste disposal facility; 3. Water pumping plants and pipelines; 4. Public utility buildings and structures (except power plants); 5. Flood control structures; 6. Substations; 7. Sewage treatment plants subject to review and approval of the State Department of Health. B. Site Standards. 1. Architectural Form and Character. A building housing all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed inside of a building or to isolate minor elements such as pad mounted transformers, telephone pedestals and metering stations. 2. Screening and Fence Requirements. A utility facility must be site screened with landscaping and/or fencing. Landscape development, shall include retention of significant trees, as necessary to maintain and protect property values, enhance the visual appearance of the city, to preserve the natural character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the city. a) The planning department and community development director shall review the proposed landscape plan with each application and make a recommendation to the planning commission. b) The applicant shall provide site perimeter landscaping that consists of a minimum width of ten feet and includes: i. Evergreen and deciduous trees, with no more than fifty percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than thirty feet on center; ii. A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years. 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a) Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. b) Earth -mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown land use district. c) A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. 4. Equipment and vehicle storage yards require fifteen feet of landscaping on all sides if visible from a public right-of-way. 5. Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter landscaping as required. 6. Alternative landscaping may be approved by the planning commission if the landscaping will provide the desired screening as noted below: a) The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and b) The proposed landscaping either: Page 64 of 278 7-1 Old Business i. Incorporates the increased retention of significant trees and naturally occurring undergrowth; ii. Better accommodates or improves the existing physical conditions of the subject property; iii. Incorporates elements to provide for wind protection or to maintain solar access; iv. Incorporates elements to protect or improve water quality; or v. Incorporates native species in a design that buffers a critical area from uses on the site, including parking. 37. Vehicle repair 38. Vehicle sales 39. Warehouses 40. Wholesale establishments with stock on premises 41. Wireless telecommunication towers subject to the regulations set forth in Chapter 17.76. Page 65 of 278 7-1 Old Business 17.30 C-5 Neighborhood Commercial Zone 17.30.020 Permitted uses and regulations. 1. Arts and crafts shops 2. Convenience enterprises that are less than three thousand square feet 3. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 4. Eating establishments 5. Fraternal lodges 6. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the C-5 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. 7. Gymnasiums 8. Home occupations subject to the requirements set forth in Section 5.08.050 9. Multi -Household Dwellings of Seven or More Units Developments consisting of seven or more multi -household units shall be subject to the following additional requirements: A. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. B. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. C. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. D. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. E. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. F. Apartments and court apartments shall designate an open space/recreation area that is a minimum of two hundred (200) square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room ("rec room") or club house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation- also called a "rec room". 10. One -household dwellings and accessory uses Page 66 of 278 7-1 Old Business 11. Planned unit developments subject to the requirements set forth in Chapter 17.66, relating to large- scale developments 12. Professional offices 13. Public buildings This use shall be allowed when in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Dust, glare, odor, and noise shall be confined within the boundaries of the property; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. Traffic from the proposed use shall not create a significant negative impact on the neighborhood. 14. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 15. Small neighborhood retail uses less than one thousand five hundred (1,500) square feet. 16. Two -household dwellings and accessory uses 17. Veterinary Clinic with Indoor Kennel A. Noise, odor and glare shall be contained on the property. B. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. C. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. D. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection B above. E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m. Page 67 of 278 7-1 Old Business 17.35 MH/RV-1 - Mobile Home / Recreational Vehicle Parks Zone 17.35.020 Permitted Uses and Regulations. 1. Accessory buildings and uses 2. Home occupations subject to the requirements set forth in Section 5.08.050 3. Mobile home parks 4. Park or Playground 5. Recreational vehicle parks The following provisions are intended to manage the development of RV parks within a mobile home park while minimizing land use conflicts and environmental degradation: A. Spaces may not be rented for less than thirty (30) days B. Trees and other landscaping serving as a buffer to other adjacent uses must surround the area for a minimum distance of fifteen feet. Landscaping shall be in accordance with the requirements of Chapter 17.09.360 C. A solid decorative privacy wall or wooden privacy fence shall be constructed and maintained around the park perimeter. D. A minimum separation of twenty feet shall be maintained between each RV unit. E. Adequate sanitation facilities and ADA facilities shall be provided and maintained for the maximum number of units as per the International Building Code Appendices. F. A minimum area of ten percent or two hundred square feet, whichever is greater, must be provided as open space for a playground and/or picnic area. G. Traffic patterns within the park and ingress and egress from adjacent streets shall be designed to minimize congestion at all intersections. H. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. for the office and other park facilities or be established by resolution of the planning commission. Page 68 of 278 7-1 Old Business 17.36 I-1 Industrial Zone 17.36.010 Permitted uses and Regulations. The following buildings, structures and uses of land shall be permitted in the I-1 industrial zone upon compliance with requirements as set forth in this title: 1. Agriculture 2. Arts and crafts shops 3. Asphalt and concrete mixing plants Asphalt or concrete batching plant for producing asphalt or concrete products used in construction activities on the same or nearby sites is permitted subject to the following standards. A. The batching plant site shall comply with all applicable provisions of city, state and federal laws. B. The batching plant shall not be located within six hundred feet of a residence. C. Hours of operation will be limited to Monday through Friday, 7 a.m. to 7 p.m. D. The batch plant may operate for up to six months, with a single renewal of a six month time period permitted by the zoning administrator. E. No portion of the batch plant or its operation shall be located on a public street. F. The batch plant shall only furnish concrete, asphalt, or both, to a specific project. The placement of a temporary batching plant for a private project is restricted to the site of the project. G. The site must be clear of all equipment, material and debris upon completion. H. All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty days of completion of the project. I. At termination and/or removal of the plant operation, operator shall have the person responsible walk the site with the building official or his/her designee to verify the site meets city approval. 4. Automobile wrecking and salvage yards, when surrounded by a well -maintained sight -obscuring fence constructed to a height of at least eight feet so that the material stored in the enclosure cannot be observed from any street adjacent to the yard. 5. Caretaker dwelling consisting of a maximum footprint of eight hundred square feet when associated with a nonresidential use. 6. Coal yards 7. Earthmoving equipment and equipment storage 8. Eating establishments 9. Farm machinery storage sheds 10. Gas and oil storage facilities 11. Gymnasiums 12. Livestock raising 13. Manufacturing, compounding, processing, packaging, fabrication and warehousing of goods and materials. Does not include processing of animal by-products, livestock feed yards, steel manufacturing, oil refineries, wallboard manufacturing and similar establishments which emit offensive fumes, smoke, noise, odor, etc. 14. Mines including gas and oil wells, gravel pits, sand pits, clay pits, rock quarries, rock crushers and associated buildings and accessory structures. 15. Processing and packaging plants for fruits and vegetables 16. Professional offices All professional offices in the industrial zone shall have a perimeter buffer area of fifteen feet in depth that shall be: A. Screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. Fences/walls shall be constructed to a minimum of six feet in height when adjacent to other industrial uses and no less than eight feet when adjacent to residential zones. Page 69 of 278 7-1 Old Business B. Landscaping shall be incorporated into the screening effort at the following rate: 1. Landscape designs shall be in harmony with the environmental context of the site. Preservation of native, on -site vegetation shall be a primary objective of site planning for development. Specimen plants shall be given particular consideration for retention on site; 2. Wherever the undisturbed natural desert landscape cannot be preserved, landscape design and construction shall promote the use of transplanted, on -site desert plants, container plants, seeded desert plants and inorganic ground covers. This standard shall be particularly emphasized on all landscaped areas abutting public rights -of -way; 3. Trees shall be a minimum of fifteen gallons in size, or of comparable height if bare -rooted, at planting time. If twenty -four -inch box trees or transplanted trees of two-inch caliper or larger are planted for all of the required trees, a reduction of one required tree per one hundred linear feet will be allowed; 4. Trees shall be planted at appropriate intervals so that a continuous perimeter canopy will be provided at maturity and not be at a rate of less than four canopy trees and six understory trees per one hundred feet of buffer length; 5. Shrubs shall be at least five gallons in size or at least thirty -inch -tall pots at planting time. Shrubs shall be either deciduous species planted at two and one-half feet in height with a mature height of at least six feet or a coniferous species planted at two and one-half feet in spread. Shrubs shall be planted at a rate of twenty-four shrubs for each one hundred feet of buffer length, or portion thereof; 6. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, traffic sight lines and the property rights of adjacent property owners; 7. Any tree placed in the sight visibility triangle must be of a box size large enough to be immediately pruned up to a seventy -two-inch height for clear sight visibility. All other trees shall be placed so that severe pruning is not required to keep the sight visibility triangle clear; 8. Trees located within sight visibility triangles shall not exceed one foot in their greatest crosssectional dimension at maturity and shall not be planted in a line that could result in a solid wall effect when viewed at an angle; 9. Trees planted within ten feet of public sidewalks or curbs shall be provided with suitable root diverters to minimize heaving of those improvements; and 10. Ground Cover. i. When inorganic ground covers are used they shall be in combination with live plants and not exceed two-thirds of the total area of applied ground covers. ii. The use of turf is prohibited. iii. Unpaved areas in any plant bed, median or tree understory within a planter shall be planted with shrubs, accents or vines, or covered with appropriate organic and inorganic ground covers. iv. All areas not required for buildings, access drives, parking spaces, trails, and accessory uses shall be landscaped. C. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of the property. Dead or dying plants and trees shall be replaced immediately. D. All structures shall be constructed and maintained in accordance with the adopted versions of the International Building Code. E. The total area covered by buildings shall not exceed fifty percent of the site 17. Public buildings This use shall be allowed when in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; Page 70 of 278 7-1 Old Business C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Dust, glare, odor, and noise shall be confined within the boundaries of the property; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. Traffic from the proposed use shall not create a significant negative impact on the neighborhood. 18. Retail commercial uses 19. Scenic railroads and railroad maintenance yards. 20. Self -storage warehouses. A. All new self -storage warehouse facilities or expansions are subject to approval of a site plan as described in Chapter 17.67, Site Plan Review. B. All drives and parking area surfaces shall consist of a maintained all-weather dust free surface such as asphalt, concrete, bricks, pavers, cobblestones or some other porous surface, but gravel is not allowed. C. Drive lanes must be of a sufficient width to allow vehicles to pass when another is loading or unloading by a unit. D. Traffic impacts shall be evaluated and mitigated in accordance with Sections 17.67.040(M) and (N)- E. Self -storage warehouses shall be screened/buffered from adjacent properties by the use of decorative/solid wooden privacy fencing or decorative block walls. Fences/walls shall be constructed to a minimum of six feet in height when adjacent to other commercial zones and no less than eight feet when adjacent to residential zones. Landscaping shall also be incorporated into the screening effort at the following rate: 1. Landscape designs shall be in harmony with the environmental context of the development site. Preservation of native, on -site vegetation shall be a primary objective of site planning for development. Specimen plants shall be given particular consideration for retention on site. 2. Wherever the undisturbed natural desert landscape cannot be preserved, landscape design and construction shall promote the use of transplanted, on -site desert plants, container plants, seeded desert plants and inorganic ground covers. This standard shall be particularly emphasized on all landscaped areas abutting public rights -of -way. 3. Trees shall be a minimum of fifteen gallons in size, or of comparable height if bare -rooted, at planting time. If twenty -four -inch box trees or transplanted trees of two-inch caliper or larger are planted for all of the required trees, a reduction of one required tree per one hundred linear feet will be allowed. i. Trees shall be planted at appropriate intervals so that a continuous perimeter canopy will be provided at maturity and not be at a rate of less than four canopy trees and six understory trees per one hundred feet of buffer length; ii. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines, traffic sight lines and the property rights of adjacent property owners; iii. Any tree placed in the sight visibility triangle must be of a box size large enough to be immediately pruned up to a seventy -two-inch height for clear sight visibility. All other trees shall be placed so that severe pruning is not required to keep the sight visibility triangle clear. 4. Trees located within sight visibility triangles shall not exceed one foot in their greatest crosssectional dimension at maturity and shall not be planted in a line that could result in a solid wall effect when viewed at an angle; and i. Trees planted within ten feet of public sidewalks or curbs shall be provided with suitable root diverters to minimize heaving of those improvements. 5. Ground Covers. Page 71 of 278 7-1 Old Business i. When inorganic ground covers are used they shall be in combination with live plants and not exceed two-thirds of the total area of applied ground covers. ii. Turf use is prohibited. iii. Unpaved areas in any plant bed, median or tree understory within a planter shall be planted with shrubs, accents or vines, or covered with appropriate organic and inorganic ground covers. iv. All areas not required for buildings, access drives, parking spaces, trails, and accessory uses shall be landscaped. 6. Shrubs. i. Shrubs shall be either deciduous species planted at two and one-half feet in height with a mature height of at least six feet or a coniferous species planted at two and one-half feet in spread. Shrubs shall be at least five gallons in size or at least thirty -inch -tall pots at planting time; ii. Shrubs shall be planted at a rate of twenty-four shrubs for each one hundred feet of buffer length, or a portion thereof. F. Maintenance and replacement of all vegetation is the responsibility of the owner(s) of the property. G. Landscaping shall be provided in accordance with the requirements above. Landscaped screening shall be provided and maintained along the perimeter of the property and consist of ten feet in depth. H. All structures shall be maintained in accordance with the adopted version of the International Property Maintenance Code. I. The lot size shall be between a minimum of two acres and a maximum of five acres. J. The total area covered by buildings shall not exceed fifty percent of the site. K. The maximum height of the enclosed building or buildings permitted shall not exceed twenty feet. L. No outside storage is permitted except for large vehicles and boats that are under a permanent cover. The permanent cover shall not exceed twenty-four feet in height. M. The storage of hazardous, toxic, or explosive substances, including, but not limited to, but excluding the storage of, hazardous waste, industrial solid waste, medical waste, municipal solid waste, septage, or used oil, is prohibited. N. No business activity other than the rental of storage units shall be conducted on the premises. O. One dwelling unit is permitted on the same lot for use as a caretaker dwelling. 21. Tire recapping establishments 22. Utility provider structures Utility Provider Structures and Buildings. New construction of water lines, sewer lines and electric substations and structures may be constructed subject to the approval of the planning commission and council with a review of a subdivision plat. Such construction is not required to apply for a separate permit but must satisfy the requirements below. Expansions of existing facilities are also subject to the approval of the planning commission and council, and subject to the standards below. The planning commission may require standards in accordance with the following language that are reasonably necessary to protect surrounding property values and residential amenities. A. These types of facilities include but are not limited to: 1. Electrical utility facility, provided transmission lines are excluded from the requirements of this section if visibility is essential to safety, security, or maintenance access; 2. Solid waste disposal facility; 3. Water pumping plants and pipelines; 4. Public utility buildings and structures (except power plants); 5. Flood control structures; 6. Substations; 7. Sewage treatment plants subject to review and approval of the State Department of Health. Page 72 of 278 7-1 Old Business B. Site Standards. 1. Architectural Form and Character. A building housing all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed inside of a building or to isolate minor elements such as pad mounted transformers, telephone pedestals and metering stations. 2. Screening and Fence Requirements. A utility facility must be site screened with landscaping and/or fencing. Landscape development, shall include retention of significant trees, as necessary to maintain and protect property values, enhance the visual appearance of the city, to preserve the natural character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the city. a) The planning department and community development director shall review the proposed landscape plan with each application and make a recommendation to the planning commission. b) The applicant shall provide site perimeter landscaping that consists of a minimum width of ten feet and includes: i. Evergreen and deciduous trees, with no more than fifty percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than thirty feet on center; ii. A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years. 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a) Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. b) Earth -mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown land use district. c) A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. 4. Equipment and vehicle storage yards require fifteen feet of landscaping on all sides if visible from a public right-of-way. 5. Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter landscaping as required. 6. Alternative landscaping may be approved by the planning commission if the landscaping will provide the desired screening as noted below: a) The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and b) The proposed landscaping either: i. Incorporates the increased retention of significant trees and naturally occurring undergrowth; ii. Better accommodates or improves the existing physical conditions of the subject property; iii. Incorporates elements to provide for wind protection or to maintain solar access; iv. Incorporates elements to protect or improve water quality; or v. Incorporates native species in a design that buffers a critical area from uses on the site, including parking. 23. Wireless telecommunication towers subject to the regulations set forth in Chapter 17.76. Page 73 of 278 7-1 Old Business 17.42 R-1 One -Household Residential Zone 17.42.020 Permitted Uses and Regulations. 1. Accessory dwelling units ("ADUs") as per Chapter 17.69 2. Agriculture 3. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 4. Group home A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the R-1 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. D. Such homes may provide living arrangements for not more than eight residents per home (excluding supervisory personnel). 5. Home occupations subject to the requirements set forth in Section 5.08.050 6. One -household dwellings and accessory uses 7. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 8. Planned unit developments subject to the requirements set forth in Chapter 17.66 9. Public facilities This type of use shall be allowed in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; Page 74 of 278 7-1 Old Business C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Compliance with all applicable City regulations regarding noise, odor and glare.; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 10. Public libraries 11. Public parks and public recreation buildings 12. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 17.42.060 Special requirements. The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purpose of this title: A. The ground floor area of the primary dwelling shall be at least one thousand two hundred square feet. B. The maximum density in a planned unit development shall not exceed five dwellings per acre of land contained within the development. Page 75 of 278 7-1 Old Business 17.45 R-2 One -Household and Two -Household Residential Zone 17.45.020 Permitted Uses and Regulations. 1. Accessory dwelling units as per Chapter 17.69 2. Agriculture 3. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 4. Foster care homes 5. Group home A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the R-2 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. D. Such homes may provide living arrangements for not more than twelve residents per home (excluding supervisory personnel). 6. Home occupations subject to the requirements set forth in Section 5.08.050 6. One -household dwellings and accessory uses 7. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 8. Planned unit developments subject to the requirements set forth in Chapter 17.66.10. 9. Public facilities This type of use shall be allowed in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; Page 76 of 278 7-1 Old Business B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Compliance with all applicable City regulations regarding noise, odor and glare.; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 10. Public libraries 11. Public parks and public recreation buildings 12. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 13. Two -household dwellings and accessory uses 17.45.060 Special requirements. The following special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purpose of this title: A. The ground floor area of the primary dwellings shall be at least five hundred square feet. B. The maximum permitted density of planned unit developments shall be eight dwelling units per acre of land contained within the development. Page 77 of 278 7-1 Old Business 17.48 R-3 Multi -Household Residential Zone 17.48.020 Permitted Uses and Regulations. 1. Accessory dwelling units as per Chapter 17.69 2. Agriculture 3. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 4. Foster care homes 5. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the R-3 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. D. Such homes may provide living arrangements for not more than sixteen residents per home (excluding supervisory personnel). 6. Home occupations subject to the requirements set forth in Section 5.08.050 7. Multi -household dwellings Developments consisting of seven or more multi -household units shall be subject to the following additional requirements: A. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. B. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. C. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. D. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. E. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. F. Apartments and court apartments shall designate an open space/recreation area that is a minimum of two hundred (200) square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room ("rec room") or club house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation- also called a "rec room". G. The allowed number of multi -household units shall be determined by Section 17.48.030. Page 78 of 278 7-1 Old Business 8. One -household dwellings and accessory uses 9. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 10. Planned unit developments subject to the requirements set forth in Chapter 17.66 11. Public facilities This type of use shall be allowed in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Compliance with all applicable City regulations regarding noise, odor and glare.; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 12. Public libraries 13. Public parks and public recreation buildings 14. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 15. Two -household dwellings and accessory uses 17.48.060 Special provisions. The special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purpose of this title: A. The ground floor area of the primary dwelling shall be at least five hundred square feet. B. The maximum permitted density of planned unit developments shall be ten units per acre of land contained within the development. Page 79 of 278 7-1 Old Business 17.51 R-4 High Density Multi -Household Residential Zone 17.51.020 Permitted Uses and Regulations. 1. Accessory dwelling units as per Chapter 17.69 2. Agriculture 3. Boys and girls schools and correctional institutions 4. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 5. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the R-4 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. D. Such homes may provide living arrangements for not more than sixteen residents per home (excluding supervisory personnel). 6. Home occupations subject to the requirements set forth in Section 5.08.050 7. Mobile home parks and mobile home subdivisions subject to the regulations as set forth in Title 15 of this code 8. Multi -household dwellings Developments consisting of seven or more multi -household units shall be subject to the following additional requirements: A. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. B. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on -street traffic flow. C. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be setback from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. D. Landscaping. All off-street parking shall be landscaped and buffered from adjacent uses. A minimum of fifteen percent of the interior of the parking area shall be landscaped to provide shade and break up the expanse of asphalt. E. Buffering. All adjacent uses shall be buffered by a distance of not less than fifteen feet and contain berms, shrubs, and other plantings. Buffering may be combined with screens, fences and hedges. F. Apai invents and court apartments shall designate an open space/recreation area that is a minimum of two hundred (200) square feet in size to be developed into recreation, play or landscaped areas. The requirement can be met with the construction of a recreation room ("rec room") or club Page 80 of 278 7-1 Old Business house of a similarly sized area that can be used for residents and their guests for recreation/social activities and/or relaxation- also called a "rec room". G. The allowed number of multi -household units shall be determined by Section 17.51.030. 9. One -household dwellings and accessory uses 10. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Department, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 11. Planned unit developments subject to the requirements set forth in Chapter 17.66. 12. Public facilities This type of use shall be allowed in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Compliance with all applicable City regulations regarding noise, odor and glare.; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; A. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 13. Public libraries 14. Public parks and public recreation buildings 15. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 16. Two -household dwellings and accessory uses 17.51.060 Special provisions. The special provisions shall apply in this zone in order to protect its essential characteristics and to promote the purpose of this title: A. The ground floor area of the primary dwelling shall be at least five hundred square feet. B. The maximum permitted density of planned unit developments shall be eight dwelling units per acre, up to a maximum of ten units per acre utilizing affordable housing density bonuses. C. The minimum building site for a mobile home park and mobile home subdivision shall be not less than ten acres. Page 81 of 278 7-1 Old Business 17.54 RA-1 Residential — Agricultural Zone 17.54.020 Permitted Uses and Regulations. 1. Accessory dwelling units as per Chapter 17.69 2. Agriculture 3. Agriculture buildings 4. Cemeteries, public and private No cemetery, or any extension of an already existing cemetery, shall hereafter be established in the city without a site plan permit process, as outlined in Chapter 17.67. A. Application Required. Application for the establishment of a cemetery or for the extension to an existing cemetery shall be made on forms provided by the zoning administrator. The application shall include: 1. The name(s) and address(es) of the owner(s) of the land; 2. The area(s) of the property that will be used for burial purposes; 3. The area(s) of the property that will be used for screening purposes; 4. An appropriate fee as adopted by resolution of the city council; 5. Detailed site plans drawn to scale by a licensed professional Utah registered land surveyor or professional engineer as per Chapter 17.67 6. A written legal description of the cemetery; 7. A narrative describing the: i. Age and condition, ii. Historical significance if applicable, iii. Whether the cemetery is religious, family, organizational, or publicly owned, iv. Any prehistoric or historic archaeological discoveries on the property, and v. A written description of names and vital dates of those interred. B. Expansion/Disruption. If the expansion requires a disruption of existing burial sites, the applicant shall provide a detailed site alteration plan indicating the extent of disruption of the cemetery, methods of construction or removal of human remains, and reburial plan. Such plan shall include a written description and visual drawing of the plan showing the relocation of graves. C. Standards of Approval to be Specified. A resolution shall be prepared establishing specific standards of compliance to create/extend a cemetery. These shall be based on: 1. The need for the proposed cemetery or extension; 2. The desirability of the location; 3. Specific areas to be used for burial purposes and screening; 4. Type and extent of landscaping; 5. Amount of guarantee bond for improvements; 6. Light, glare, dust, noise; 7. Traffic impacts; 8. Parking. 5. Day care Day care shall be permitted to operate subject to the following standards: A. City of Moab business license is required. B. A valid day care license or certificate as issued by the State of Utah is required C. Applicants for a city business license shall submit a conceptual site plan that indicates: 1. Ingress and egress to the property; 2. Drop off/pick up areas; 3. Traffic circulation; 4. Off-street parking (single family residence + space for each FTE staff member); 5. Landscaping; 6. Buffering or separation from dissimilar uses; Page 82 of 278 7-1 Old Business 7. Open space for older kids. D. Compliance with all applicable City regulations regarding noise, odor and glare. 6. Golf courses Golf courses must contain a minimum of ten acres. Applications for golf courses must follow the site plan requirements of Chapter 17.67 and must address the following standards: A. Golf course designs shall implement nonpoint source pollution best management practices (BMPs). B. Course designs and best management plans shall be submitted to the Moab City planning department for review. C. Course designs must show that there are no encroachments into areas restricted from development and to minimize the impact of the overall site development on natural resources of the area. The design must meet the requirements of Section 17.67, site plan required, and contain the following supplemental information: 1. Address stream, wetland, and habitat protection; 2. Contain an environmental constraints analysis that includes the existing environmental conditions on the site and a report with plans that provide: i. Field located streams, ponds or other water bodies, name of watershed and sub -watershed and stream use class designation, ii. Field located wetlands including documentation of vegetation, soils, and hydrology, iii. Wetlands classifications (Cowardin; National Vegetation Classification Standard for wetlands), iv. Calculated one hundred -year floodplain, v. Topography with slopes differentiated as 1--25%, 26--39%, 40--45%, and 46%+, vi. Existing land cover (e.g., forest, meadow, old field, etc.). vii. Location of significant plant and/or animal habitat including: documentation of species, date of last known siting, status, and source of documentation. D. Application of Regulations and Policies. After verification of the existing environmental conditions by the U.S. Army Corps of Engineers or other federal agency, the applicant will identify on the plan those areas of the site that would be restricted from development by: (1) denoting buffer boundaries, (2) denoting those areas of significant habitat determined to exist on site that will be preserved, and (3) denoting those existing areas that will be preserved. E. Design Standards for Preliminary Plan. After the applicant has determined the areas restricted from development, a plan should be prepared for submission to the planning department that shows the proposed lay -out of the golf course. The plan shall include the following: 1. Tees, greens, fairways, and practice range; 2. Buildings (e.g., clubhouse, maintenance facilities, etc.); 3. Roads, cart paths, and parking lots; 4. Conceptual design for the management of storm water runoff and water quality including locations and methods and documentation that these locations and methods are practical; and 5. Location of irrigation wells and/or ponds. F. Approval of Encroachments. If any of the above facilities would require encroachment on buffers, streams, wetlands or floodplains, approval must be granted by the U.S. Army Corps of Engineers or other federal agency. 7. Group homes A. Such homes must be licensed by the State of Utah. B. All exterior aspects of a group home, including its scale and off-street parking configuration, shall conform with the requirements of the RA-1 Zone. C. Such homes shall provide off-street parking pursuant to Sections 17.09.210--17.09.340 of this code. D. Such homes may provide living arrangements for not more than eight residents per home (excluding supervisory personnel). Page 83 of 278 7-1 Old Business 8. Home occupations subject to the standards set forth in 5.08.050 9. One -household dwellings and accessory uses 10. Places of worship All places of worship shall be subject to the regulations established by Utah State Code Annotated ("UCA"). The Planning Depai tment, in accordance with Chapter 17.67, shall receive a complete site plan which demonstrates that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Noise, odor, and glare is contained on the property. C. Landscaping shall be completed in accordance with the provisions located in Sections 17.09.360 (Landscaping --Required) and 17.09.370 (Landscaping --Specifications generally). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. D. Possible impacts on adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. E. Adequate parking for the intended use is provided. 11. Planned unit developments which are connected to a public sewer, subject to the requirements set forth in Chapter 17.66 12. Premises agricultural occupations This type of occupation specifically concerns the retail sale of feed, seed, fertilizer, equipment and similar items used in agriculture. The following standards shall be met for this type of business: A. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways. B. Hours of operation shall be confined to 7:00 a.m. to 7:00 p.m. C. Dust, glare, odor, and noise shall be confined within the boundaries of the property. D. All signs shall comply with the sign regulations of Chapter 15.44 and shall not exceed fifteen square feet. E. Outside storage of products for sale is limited to hours of operation 13. Public facilities This type of use shall be allowed in compliance with the following standards. A. The proposed use shall be situated on a tract of land sufficient in size to provide for the activities of the use as well as required landscaping, off-street parking, and trails; B. Landscaping, screening, and fencing shall be installed and maintained to mitigate impacts on surrounding residential uses; C. Parking areas shall be an all-weather surface such as concrete, asphalt or sealed gravel that will not generate dust or deposit gravel on paved roadways; D. Compliance with all applicable City regulations regarding noise, odor and glare; E. Outside storage of equipment, materials, and supplies shall be contained and located within a building or a sight obscuring fence; F. The use shall demonstrate that there is a benefit to the neighborhood or community; G. The proposed use shall not generate traffic in excess of the level of traffic associated with the number of residential dwellings that could be permitted on the parcel. 14. Public parks 15. Raising, care and keeping of animals and fowl for household use and consumption 16. Schools All schools shall be subject to the regulations established by Utah State Code Annotated. The City, in accordance with Chapter 17.67, shall receive a complete site plan showing that: A. Traffic impacts are minimized so that on -street vehicle flows will not be impeded. B. Possible impacts to adjacent streets, sidewalks, and bike/pedestrian routes have been identified and reduced to minimum levels. 17. Utility provider structures Page 84 of 278 7-1 Old Business New construction of water lines, sewer lines and electric substations and structures may be constructed subject to the approval of the planning commission and council with a review of a subdivision plat. Such construction is not required to apply for a separate permit but must satisfy the requirements below. Expansions of existing facilities are also subject to the approval of the planning commission and council, and subject to the standards below. The planning commission may require standards in accordance with the following language that are reasonably necessary to protect surrounding property values and residential amenities. A. These types of facilities include but are not limited to: 1. Electrical utility facility, provided transmission lines are excluded from the requirements of this section if visibility is essential to safety, security, or maintenance access; 2. Solid waste disposal facility; 3. Water pumping plants and pipelines; 4. Public utility buildings and structures (except power plants); 5. Flood control structures; 6. Substations; 7. Sewage treatment plants subject to review and approval of the State Department of Health. B. Site Standards. 1. Architectural Form and Character. A building housing all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings. This requirement is not applicable to a utility facility where significant elements of the facility are not housed inside of a building or to isolate minor elements such as pad mounted transformers, telephone pedestals and metering stations. 2. Screening and Fence Requirements. A utility facility must be site screened with landscaping and/or fencing. Landscape development, shall include retention of significant trees, as necessary to maintain and protect property values, enhance the visual appearance of the city, to preserve the natural character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system and water resources, and to provide a better transition between the various land uses permitted in the city. a) The planning department and community development director shall review the proposed landscape plan with each application and make a recommendation to the planning commission. b) The applicant shall provide site perimeter landscaping that consists of a minimum width of ten feet and includes: i. Evergreen and deciduous trees, with no more than fifty percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than thirty feet on center; ii. A minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years. 3. If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted: a) Shrubs, a minimum of three and one-half feet in height and living ground cover must be planted so that the ground will be covered within three years. b) Earth -mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown land use district. c) A combination of earth -mounding and shrubs to produce a visual barrier at least three and one-half feet in height. 4. Equipment and vehicle storage yards require fifteen feet of landscaping on all sides if visible from a public right-of-way. 5. Parking Area Landscaping. Parking areas require landscaping as follows in addition to any site perimeter landscaping as required. Page 85 of 278 7-1 Old Business 6. Alternative landscaping may be approved by the planning commission if the landscaping will provide the desired screening as noted below: a) The proposed landscaping represents an equal or better result than that which could be achieved by strictly following the requirements of this section; and b) The proposed landscaping either: C. Incorporates the increased retention of significant trees and naturally occurring undergrowth; D. Better accommodates or improves the existing physical conditions of the subject property; E. Incorporates elements to provide for wind protection or to maintain solar access; F. Incorporates elements to protect or improve water quality; or G. Incorporates native species in a design that buffers a critical area from uses on the site, including parking. 18. Veterinary clinic with kennel A. Noise, odor and glare shall be contained on the property. B. Fencing, landscaping, the design of parking areas, and downward directed and full cut-off light fixtures shall be used to reduce impacts on adjacent properties. C. Parking shall be provided at a rate of one space per one thousand square feet and one space per each employee. ADA handicapped accessible spaces shall be provided as required. D. A buffer area of twenty-five feet shall be used to provide a separation from other uses and adjacent properties. Buffering shall include the elements of subsection B above. E. Vehicular ingress and egress traffic patterns shall be designed to not impede existing traffic flows and provide adequate interior circulation. F. Hours of operation for public access shall be from 7:00 a.m. to 7:00 p.m. G. Landscaping shall consist of berms, solid wooden privacy fence, decorative block wall or combination thereof and be in accordance with the requirements of Sections 17.09.360 (landscaping --required) and 17.09.370 (landscaping --specifications). A minimum of fifteen percent of the interior of the parking areas must be landscaped. Trees shall be utilized to provide shade for vehicles and must be of a sufficient size and placement to provide shade to forty percent of the parking area within three years. 17.54.050 Location requirements. 1 Front Setback. All buildings and structures shall be set back at least twenty-five feet from the front lot line or fifty-five feet from the centerline of any public street, whichever is greater. 2. Side Setback. All dwellings shall be set back from the side property line a distance of at least ten feet and the total distance of the two side setbacks shall be at least twenty-four feet. On corner lots, the side setback from any street shall not be less than twenty-five feet for main buildings. 3. Rear Setback. For interior lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least twenty-five feet. For corner lots, all dwellings and other main buildings shall be set back from the rear property line a distance of at least twenty feet. 4. The minimum side setback for accessory buildings on interior and corner lots is listed in Section 17.09.560, accessory use or structure. 5. Livestock and fowl setback. Uses for the care and keeping of livestock and fowl shall be located at least one hundred feet distance from any existing dwelling and one hundred feet from the front property lines. 17.54.070 Special provisions. The maximum density in a planned unit development shall not exceed five units per acre contained in the development. Page 86 of 278 7-1 Old Business 17.31 RC Resort Commercial Zone 17.31.020 Permitted Uses and Regulations. A. Permitted Uses. The following uses shall be permitted -by -right: 1. Accessory buildings and uses; 2. Bars; 3. Caretaker or guard residence, accessory; 4. Custom personal services; 5. Eating establishments; 6. Gasoline service station, subject to the supplementary regulations of Section 17.31.050(B); 7. General retail (indoors); 8. Lodging; 9. Multi -household dwellings; 10. Municipal facilities and services; 11. Office, business or professional; 12. One -household dwelling and accessory uses; 13. Outdoor recreational uses, commercial; 14. Outfitters and guide services and facilities; 15. Recreational vehicle/travel trailer park, subject to the supplementary regulations of Section 17.31.050(C). 16. Two -household dwelling and accessory uses B. Large -Scale Retail Prohibited--Large-Scale Commercial Uses Allowed. As defined in Chapter 17.80, large-scale retail development comprising a retail use in a single building in excess of thirty thousand square feet is not permitted in the Resort Commercial (RC) zoning district. Other uses permitted in this chapter which would constitute large-scale commercial development, e.g., lodging related uses in excess of thirty thousand square feet, are permitted in the RC zoning district, subject to the criteria in Chapter 17.80. All other uses permitted in the RC district shall be subject to the remaining criteria of this chapter. Page 87 of 278 7-1 Old Business "Accessory Dwelling Unit" (ADU, granny -flat, mother -in -law -apartment) means a habitable living unit added to, created within, or detached from a primary one -unit single -household dwelling, and includes separate cooking, sleeping, and bathroom facilities. An ADU does not constitute a two - household dwelling (duplex). Only one ADU is permitted in addition to the main dwelling on one platted lot of record. ADU's shall not be used for nightly, or weekly rentals, and shall not be occupied for periods of less than 31 consecutive days. ADU's shall be a permanent structure and travel trailers, boats, or RVs shall not be used. "Agriculture buildings" means a structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products used by the owner for growing and harvesting crops and raising livestock and small animals. Examples include barns, greenhouses, storage buildings for farm equipment, animal supplies or feed, "cold" storage buildings for crops grown and raised on site, and horticultural nursery. "Buffering" means a landscaped screen, solid fencing, berms, swales, or other feature that individually or in combination, reduces the impact of a land use on adjacent areas, which are of a significantly different character, density, or intensity. A buffer consists of a horizontal distance from a lot line, which may only be occupied by screening, underground utilities, retention areas, and landscaping and fencing materials. The more different the use of the adjoining property, the more dense or extensive the buffer must be. "Business establishment" means a location where business is conducted, goods are made or stored or processed or where services are rendered. "Custom personal services" means any business with a primary purpose of providing personal services such as law, engineering, design, finance, accounting to an individual or group for compensation. "Convenience enterprise" means a business catering to an area with sales of easily obtained goods and merchandise. Convenience enterprises include, but are not limited to: stores with extended hours, in a convenient location, stocking a limited range of household goods and groceries and can include sandwich shops, small grocery/convenience stores, food stands, hardware stores, coffee shops, dollar stores, tobacco shops, video stores. "Eating establishment" means a public place where food and drinks are served for a fee. This use includes restaurants, cafes, drive -through, coffee shops, and donut shops. "Flood control structure means an engineered feature designed to manage storm water, reduce erosion, and prevent or mitigate local flash flooding downstream and may include revetments, dams, diversions, levees, channels or dykes. "Group home" means a residential home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are in a foster care program or with chronic disabilities. "Hardware stores" means a store selling tools, fasteners, building materials, hand and power tools, lumber, implements, keys, locks, hinges, chains, plumbing supplies, electrical supplies, cleaning products, housewares, tools, utensils, paint, and lawn and garden products directly to consumers for use at home or for gardening, construction or business. Many hardware stores have specialty departments that include hunting and fishing supplies, plants and nursery products, marine and boating supplies, pet Page 88 of 278 7-1 Old Business food and supplies, farm and ranch supplies (including animal feed), swimming pool chemicals, home brewing supplies and canning supplies. "Household" means one or more persons related or unrelated who live in the same dwelling and share meals or living accommodation, and may consist of a single family or some other grouping of people. "Lodging" means any short term temporary living or sleeping place in which someone lives or stays for a period of time not to exceed thirty (30) consecutive days. This includes hotels, motels, bed and breakfasts, townhomes condominiums, and campgrounds located in an appropriate zone that allows short term lodging. "Places of worship" (house of worship) shall mean a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, synagogues, convents, monasteries and mosques. "Premises agricultural occupation" means a business selling seed, feed, fertilizer, and other items and equipment used in agriculture. "Professional offices" means an office for a professional person that includes but is not limited to architects, engineers, surveyors, doctors of medicine, osteopaths, dentists, optometrists, lawyers, accountants, chiropractors, chiropodists, naturopaths, and consultants who engage in a vocation that requires graduation from an accredited school of higher learning. "Public facility" means a publicly -owned structure, building or place open to the public that provides a particular service or is used for a particular activity of leisure and may include entertainment, sports and social activities available for all ages. "Retail establishment" means a business that sells new goods and merchandise from a single point of purchase directly to customers who intend to use that product and serves the everyday needs of the community in which it is located. The use does not include lodging, service or dining uses. Such an establishment sells food, drink, clothing, jewelry, furniture, stone and monuments, automobiles, radios, refrigerators, coal, lumber, and other goods, hardware, and may perform incidental services on such goods when necessary. "Service establishment" means a business that sells services to the general public that fulfill the everyday needs of the community in which it is located. Such an establishment provides repair and other services for the comfort and convenience of the public in the course of daily living and include, but are not limited to, hardware stores, tailors, seamstresses, watch repair, home cleaning, investment banking, gas stations, branch offices for insurance companies, repair shops, shoe shop, tailor, seamstress, hair salons, barbers, medical clinics, delivery and mail businesses, car repair, travel agency, tutoring services, and similar activities. "Usable floor area" means the net floor area of a building where persons may move about and carry on the usual tasks for working and living but does not include: restrooms and lounges, stairwells, elevators and escalator shafts, building equipment and service areas, entrance and elevator lobbies, stacks and shafts, freezer and coolers areas, storage and stock rooms, and other building elements where patrons would not normally be allowed. Page 89 of 278 7-1 Old Business "Warehouse" means a large building, or part of one, where raw materials or manufactured goods may be stored before their export or distribution for sale. AND, the following language shall be inserted in every subsection titled "Permitted Uses and Regulations": A. Permitted Uses. The following uses shall be permitted -by -right. If a use is not listed it is prohibited. PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Emily Niehaus, Mayor Date ATTEST: Rachel Stenta, Recorder Page 90 of 278 7-1 Old Business Moab City Council Agenda Summary Meeting Date: November 13, 2018 #:7-2 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 Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): • Draft Ordinance #2018-19 - clean • Draft Ordinance #2018-19 - legislative version Suggested Motion Options: • I move to adopt Ordinance #2018-19 as proposed. • I move to adopt Ordinance #2018-19 with the following changes: Background/Summary: November 13 update: Based on the City Council's discussion at the November 5 meeting, staff made the following changes to the proposed ordinance, which are reflected in the legislative version: 1. Clarified income categorizations (17.68.020(3)) 2. Clarified the definition of "Unit" (17.68.120(35)) 3. Reduced the maximum height allowed in R-2 to 24 feet (17.68.050(C)) 4. Exempted PAD subdivisions from the open space requirement (17.68.050(E)) 5. Increased the parking requirement in R-2 to "not less than one (1) space per studio or single bedroom unit. R-2 units having two or more bedrooms shall have parking of not less than one and one-half (1.5) spaces per bedroom." (17.68.050(H)) 6. Removed certain site plan requirements and instead referencing site plan requirements already in place in Title 17. (17.68.070) 7. Added an employment requirement to eligibility criteria for occupancy (17.68.120(A)) 8. Added utilities as a factor in rent calculation (17.68.120(B)) 9. Changed net asset threshold from 2 to 1.5 original purchase price (17.68.120(C)) 1o. Clarified that PAD units are not to be used for nightly rentals. (17.68.130(A)(4)) 11. Added provisions regarding interpretation (17.68.160) and implementation (17.68.170) 12. Made cleanup and other minor changes throughout Page 91 of 278 7-2 Old Business [From November 5 Agenda Summary Sheet] The Planning Commission held the public hearing on Ordinance #2018-19 October 1i, 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.o50, 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.o5o, 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.o7o, 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.o7o, A, 3: Add text referencing future lighting ordinances; 6. 17.68.a7o, A, 4: Remove xeriscape plan; 7. 17.68.12o, 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.o5o, 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. Page 92 of 278 7-2 Old Business 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 36-4o 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. Page 93 of 278 7-2 Old Business 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. The Council is in support of eliminating barriers to increasing the inventory of workforce 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 second homes and tourism related lodging. 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 64,300. 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. k. The approval of PAD housing subject to affordability controls is in the public interest and within the legitimate police powers of the City. Now therefore, the City of Moab ordains the following amendments to the Moab Municipal Code are adopted and effective immediately upon passage. Page 94 of 278 1 7-2 Old Business Chapter 17.68 PLANNED AFFORDABLE DEVELOPMENT Sections: 17.68.010 Purpose 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 17.68.160 Interpretation 17.68.170 Implementation 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 Page 95 of 278 2 7-2 Old Business 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 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: 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 between sixty percent (60%) and seventy nine percent (79%) of Grand County Area Median Income. c. "Very Low Income" means household income which is between thirty percent (30%) and fifty nine percent (59%) of Grand County Area Median Income. d. "Extremely Low Income" means household income which is below thirty percent (30%) of the Grand County Area Median Income. 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. 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. Page 96 of 278 3 7-2 Old Business 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. 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 Page 97 of 278 4 7-2 Old Business 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. 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. Page 98 of 278 5 7-2 Old Business 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. 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 permanently installed kitchen (including, a sink, stove, refrigerator, counters, and cabinets) , bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), 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 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. Page 99 of 278 6 7-2 Old Business B. Housing types for a PAD development shall conform to the types permitted in the underlying zoning district, except that apartments or 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 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. 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 with not less than the minimum required ratio in each phase. PAD developments shall meet the following requirements as to types of affordable units within each application: Total Affordable 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 permanent kitchen (including, at minimum, a sink, stove, refrigerator, counters and cabinets) ; 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; 24 fect R-3 and R-4: 30 feet I-1, C-2, C-4, and C-51 40 feet Page 100 of 278 7 7-2 Old Business Building height shall be measured from the average finished grade of the building to the midpoint of the highest plane 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. PAD rental developments shall include open 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. Provided that each lot has adequate open space, PAD subdivisions are not subject to the five percent requirement of this Subsection (E). 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 for all PAD developments in the R-3, R-4, C-1, C-2, C-5 and C-5 zoning districts at a rate of not less than one (1) off-street space per dwelling unit. PAD developments in the R-2 zoning district shall provide off-street vehicle parking at a rate of not less than one (1) space per studio or single bedroom unit. R-2 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. Where the number of required parking spaces is a decimal of .5 or higher, the required number of spaces shall be rounded downward 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. Page 101 of 278 8 7-2 Old Business 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. Units having more than one bedroom shall provide proportionately larger storage space. P. Advisory Document Consistency. 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. Lot Sales with Finished Dwellings. 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. Page 102 of 278 9 7-2 Old Business 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. 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 Page 103 of 278 10 7-2 Old Business 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. B. PAD applications shall conform to the submittal requirements of Chapter 17.67, Site Plan Review, except that site plan submittal requirements are waived for development of the following: i) a single dwelling unit; ii) a twin -home or duplex; or iii) development of up to six (6) dwelling units. Developments subject to this subsection (B) shall submit all required building permit submittals with the application, and City staff may require supplementation of submittals to assure compliance with this Chapter. Subdivision Developments subject to this subsection (B) shall also submit a proposed Final Plat for review and approval. C. 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. D. 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. E. 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 (with descriptions of the income subcategories) 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; Page 104 of 278 11 7-2 Old Business 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. F. 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 Appeal Authority prior to Final Plat/Plan review. Staff shall provide a recommendation with respect to the proposed variance. The Appeal Authority 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, as defined in the Moab Municipal Code, 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 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. Page 105 of 278 12 7-2 Old Business **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 § 17.72.120 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. 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. Page 106 of 278 13 7-2 Old Business 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 expiration of any warranty period the financial assurance provided by this Section shall be released. Page 107 of 278 14 7-2 Old Business 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 annually 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 (100%) of the Grand County, Utah, Area Median Income (AMI), as published by HUD from time to time. 2. At least one person in the household must be either: i) employed full time in Grand County; ii) disabled; or iii) over sixty (60) years of age and retired from the workforce. 3. 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) and less reasonable utility costs that does not exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of four (4) persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental Rate). The Allowed Rental Rate calculation shall assume a reasonable allowance for annual utility costs that may be incurred by the tenant. Units with greater than or less than (3) bedrooms shall be rented at a rate which is adjusted proportionately. As an illustration, the Allowed Rental Rate per month for an affordable unit based on Grand County AMI of $55,000 would be as follows: 3 bedroom: AMI $55,000-$1,200 (annual utility allowance) x 30% - 12 = $1,345.00 per month; 2 bedroom = $896.66; 1 bedroom = $448.33. 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. Page 108 of 278 15 7-2 Old Business 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 one and one-half (1.5) times of the Original Purchase Price (OPP) or the subsequent sales price 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: Page 109 of 278 16 7-2 Old Business 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, leasing of PAD sales units , or the offering or use of PAD units as overnight accommodations 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. Page 110 of 278 17 7-2 Old Business 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 the City may 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 CCRs 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 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 damagesincluding, 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. Page 111 of 278 18 7-2 Old Business 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. 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. 17.68.160 Interpretation This Chapter shall be interpreted and construed in manner that conforms to applicable law. If any provision shall be found to be unlawful or otherwise unenforceable, it shall be stricken or reformed in a manner that conforms with applicable law, without invalidating the entire ordinance. 17.68.170 Implementation City staff may develop and implement program rules consistent with this Chapter. This ordinance shall take effect immediately upon passage. Passed and adopted by action of the City Council this 13t'' day of November, 2018. By: Mayor Emily S. Niehaus Attest: By: Rachel Stenta, Recorder Date Page 112 of 278 19 7-2 Old Business 1 1 1 1 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. The Council is in support of eliminating barriers to increasing the inventory of workforce 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 P_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 $42,200.00.64,300. 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 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. j-k. The approval of PAD housing subject to affordability controls is in the public interest and within the legitimate police powers of the City. Now therefore, the City of Moab ordains the following amendments to the Moab Municipal Code are adopted and effective immediately upon passage. 11Page Page 113 of 278 7-2 Old Business Chapter 17.68 PLANNED AFFORDABLE DEVELOPMENT Sections: 17.68.010 Purpose 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 17.6 8.160 Interpretation 17.68.170 Implementation 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. 2IPage Page 114 of 278 7-2 Old Business 3. "Affordable Housing" means housing developed pursuant to this Chapter in which the sales price of the let-er 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: 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 between sixty percent (60%) and seventy nine percent (79%) 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 between thirty percent (30%) and fifty nine percent (59%) or less thanof Grand County Area Median Income. as defined by HUD. d. "Extremely Low Income" means household income which is below thirty percent (30%) Hof the 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. 3IPage Page 115 of 278 7-2 Old Business 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. 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. 4IPage Page 116 of 278 7-2 Old Business 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. 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. 5IPage Page 117 of 278 7-2 Old Business 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. 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 permanently installed kitchen (including, a sink, stove, refrigerator, counters, and cabinets) , bathroom (sink, toilet, and a shower or bathtub), bedroom (or sleeping area), living room (or area), 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 6IPage Page 118 of 278 7-2 Old Business 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 A. Affordability Concept. All applications shall provide housing which contains a combination of one bedroom (or studio), two bedroom, andor 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 with not less than the minimum required ratio in each phase. PAD developments shall meet the following requirements as to types of affordable units within each application: Total Affordable Market Rate Units Moderate Income, Low Very Low Income PAD Units 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 permanent kitchen (including, at minimum, a sink, stove, refrigerator, counters and cabinets) ; 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:. Room Habitable :..ms: Min. Dime Min. Heigh Areas Un•er 5' Hig Requirement 70 s • , re fee excluded from room area calculation C. Height of structures. The maximum building height of all buildings in a PAD development shall be as follows: 7IPage R-2:; 24 feet R-3, and R-4 Zoning District: 30 feet C-1, C-2, C-4, C 5 Zoning District: 40 feet Page 119 of 278 7-2 Old Business Building height shall be measured from the average finished grade of the building to the midpoint of the highest plane 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. PadAD rental developments 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. Provided that each lot has adequate open space, PAD subdivisions are not subject to the five percent requirement of this Subsection (E). 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 for all PAD developments in the R-3, R-4, C-1, C-2, C-5 and C-5 zoning districts at a rate of not less than one (1) off-street space per dwelling unit. bedroom unit. PAD developments in the R-2 zoning district shall provide off-street vehicle parking at a rate of not less than one (1) space per studio or single bedroom unit. R-2 Uunits 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. Where the number of required parking spaces is a decimal of .5 or higher, the required number of spaces shall be rounded downward 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. 8IPage Page 120 of 278 7-2 Old Business 1 1 1 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 bicyclesproportionate to the size of each Wit. Units having more than one bedroom shall provide proportionately larger storage space. P. Advisory Document Consistency. 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. Lot Sales with Finished Dwellings. 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 9IPage Page 121 of 278 7-2 Old Business 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. 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 101 Page Page 122 of 278 7-2 Old Business Director, the application must include four copies and electronic PDF copies of all design drawings and submittals. A,B. The application must include the following:PAD applications shall conform to the submittal requirements of Chapter 17.67, Site Plan Review, except that site plan submittal requirements are waived for development of the following: i) a single dwelling unit; ii) a twin -home or duplex; or iii) development of up to six (6) dwelling units. Developments subject to this subsection (B) shall submit all required building permit submittals with the application, and City staff may require supplementation of submittals to assure compliance with this Chapter. Subdivision Developments subject to this subsection (B) shall also submit a proposed Final Plat for review and approval. Preliminary Site Plan. Applicants for a PAD rental development shall submit a one inch equals fifty feet (on paper no larger than twenty four inches by thirty six inches) that shall include: b-.-13"Ve� JtrCet T-all#Right ^+'y La ekide-WillthS-ef-PaVeMen�,•,krb-and gutter, and dimensions of rights of way; c. Parking and Loading. The parking plan must include a count of spaces and accessed by a state or federal highway, a completed highway access permit application from the Utah Department of Transpertatien (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; £ Common Open Space. All open space, ^ „arks side , alks, an 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. 111Page Page 123 of 278 7-2 Old Business h: Use Typcs. 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 dime sizns an v., fer e- e'''e* „tt m ,s* be slie , n 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; 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 ei 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 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: 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; n i i f;„; s ed-fir-st-fleer-elevatiens 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 mounted flood lights that direct outward toward other properties and roadways are 121Page Page 124 of 278 7-2 Old Business 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, 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. planned development, wetlands, riparian areas, and floodway plan drawn by an engineer, surveyor, or other appropriate consultant must be submitted. Probable wetlands shall be 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 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; i, ion a •two i a s etent-i ar v�rccs-cr'rc�cresTcc�nt�err�vncrs� rrirrcuscc i. One hundred year event (base) flood areas; 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 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 131Page Page 125 of 278 7-2 Old Business 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. Crading 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 construction. Details f eur-bs „tier-s side alas dr-a , age stru tur-es „a v systems, dimensions of all improvements, size, location, thickness, materials, strengths, and necessary reinforcement must be shown. 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 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 s„bni-it draft v its „ditien r a rest -iet ,,,, f , 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. 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; 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. described as follows: 141 Page Page 126 of 278 7-2 Old Business Single Family Housing, 50 units or more; Mobile home parks, 100 units or more. do not generate the level of trips specified where: proposed development; ii. There is a lack of existing left turn lanes on streets adjacent to the proposed access drive; There are inadequate sight distances at access points; or iv. Proposed access points are close to other existing drives or intersections. shall conform to street classifications and design standards adopted by the City. C. 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. �D. 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. DOE. 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 (with descriptions of the income subcategories) 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; "Wage Page 127 of 278 7-2 Old Business 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. &F. 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 CouncilAppeal Authority at -the tinteprior to of Final Plat/Plan review. Staff shall provide a recommendation with respect to the proposed variance. The Appeal Authority 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-ddwelling units, as defined in the Moab Municipal Code 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 Amend Plat* Planning Commission City Council District Court Yes, PC & CC Modify Lot Lines City Staff City Council District Court No 161Page Page 128 of 278 7-2 Old Business * 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 § 17.72.120 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. 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. 171Page Page 129 of 278 7-2 Old Business 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 expiration of any warranty period the financial assurance provided by this Section shall be released. 17.68.120 Affordability Controls 181Page Page 130 of 278 7-2 Old Business 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 f ^ *ime*^ t-i fne b;o,,nial y annually 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 (100%) of the Grand County, Utah, Area Median Income (AMI), as published by HUD from time to time. 2. At least one person in the household must be either: i) employed full time in Grand County; ii) disabled; or iii) over sixty (60) years of age and retired from the workforce. 2,3.A11 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) and less reasonable utility costs that does not exceed thirty percent (30%) of the area median income (AMI) for a Grand County household of four (4) persons, as adjusted from time to time, divided by twelve (12) months (the Allowed Rental Rate). The Allowed Rental Rate calculation shall assume a reasonable allowance for annual utility costs that may be incurred by the tenant. Units with greater than or less than (3) bedrooms shall be rented at a rate which is adjusted proportionately. As an illustration, the aAllowed Rental Rate per monthly -rent for an Aaffordable Uunit based on Grand County AMI of $55,000 would be as follows: 3 bedroom: AMI $55,000-$1,200 (annual utility allowance) x 30% - 12 = $1,375.001,345.00 per month; 2 bedroom: _ $915.75896.66; 1 bedroom: — $157.88148.33. 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. 191Page Page 131 of 278 7-2 Old Business 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 one and one-half (1.5) two-times of the Original Purchase Price (OPP) or the subsequent sales price 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; 201 Page Page 132 of 278 7-2 Old Business 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,. er-leasing of PAD sales units is prohibited, or the offering or use of PAD units as overnight accommodations 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. 211Page Page 133 of 278 7-2 Old Business 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 shallmay 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 CCRs 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 damagesincluding, 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 221Page Page 134 of 278 7-2 Old Business 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. 17.68.160 Interpretation This Chapter shall be interpreted and construed in manner that conforms to applicable law. If any provision shall be found to be unlawful or otherwise unenforceable, it shall be stricken or reformed in a manner that conforms with applicable law, without invalidating the entire ordinance. 17.68.170 Implementation City staff may develop and implement program rules consistent with this Chapter. 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 S. Niehaus Attest: By: Rachel Stenta, Recorder Date 231Page Page 135 of 278 7-2 Old Business Moab City Council Agenda Summary Meeting Date: November 13, 2018 #: Click here to enter text. PL-18-58 Title: Consideration to Adopt Ordinance #2018-20 Enacting a Workforce Housing Ordinance as Referred to City Council with Amendments Applicant: City Staff Presenter: Planning Attachment(s): Final Draft Ordinance #2018-20 Options: Adopt, Adopt with changes Recommended Motion: I move to adopt Ordinance #2018-20 with the discussed amendments to enact the Workforce Housing requirements. Background/Summary: Attached please find the amended ordinance containing the changes from City Council and the Planning Commission. As has been stated on numerous occasions, this ordinance must be enacted prior to November 22, 2018. 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 participate in providing employee housing through three specific options. The resolution expires on November 22, 2018. On October 25, 2018, the Planning Commission held a public hearing to review Ordinance #2018- 20. The Commission had several changes some of which are reflected in the attached draft. City Council reviewed the ordinance at the special meeting held on November 5, 2018 and suggested additional amendments to the draft. Those changes are incorporated into the attached draft and are highlighted in the strikethrough version. 7-3 Old Business Page 136 of 278 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 (Draft). a. The Moab General Plan (Plan) recognizes the major challenge of the costs and lack of availability of housing that have been inflated by the use of homes as vacation properties and second homes and low wages of jobs in leisure, hospitality, and retail industries. b. Adoption of the Workforce Housing Ordinance will help to accomplish the Plan's goal of identifying and securing housing that supports a stable resident population, healthy environment, and resilient economy by providing housing opportunities for residents in the community. c. The requirements of Ordinance #2018-20 will satisfy the Housing and economic development elements by addresses housing needs in terms of quality, quantity and affordability and provide support for privately funded and publicly funded employee housing alternatives. d. The housing goal of the Land Use and Growth Element is to promote a variety of housing types for primary residences. e. Ordinance #2018-19 will satisfy the Housing Element requirement to Implement a housing strategy that meets the needs of current residents and anticipates growth in housing demand by encouraging housing opportunities for a variety of needs and income levels. f. Adoption of this ordinance satisfies the affordable housing goal by promoting a strategy to improve the ability of residents in the workforce to have access to affordable, quality housing and Implement the Grand County/City of Moab Housing Study and Affordable Housing Plan by working with developers to increase affordable housing stock in Moab. g• The Affordable Housing Plan identifies actions that may be implemented to address housing concerns and include adoption of an assured workforce housing requirement, allowing mixed - uses on properties; require new affordable housing to be deed restricted; allow for Employer Assisted Housing Programs h. Based on the need for housing, the City of Moab and Grand County agreed to a joint effort to address the area housing issue by commissioning a Feasibility and Nexus Study. i. The Study reported that housing vacancy rates reflect relatively high proportions of housing units are used for seasonal (second homes) and recreational use (vacation rentals) and represent an erosion of the available supply of housing units that could serve the local workforce. j. Hotels, overnight rentals, and tourism -related condominiums/townhomes are the fastest growing economic sector, with relatively low -paying jobs and these businesses can feasibly financially Page 137 of 278 7-3 Old Business participate in providing required workforce housing. k. Non -family households are growing faster than family households, and with the rates of housing production and employment falling sharply, the proportion of renters is increasing to indicate there is a growing imbalance between housing supply and demand. I. Median prices for townhomes and single-family homes/condos increased 30 percent and 42 percent, respectively and housing stock priced above $300,000 is purchased as second homes or vacation rental units. m. As a result of the lack of available housing units and multi -household development, higher percentages of lower income households have excessive cost burdens and households at or below median income cannot afford to purchase housing in Moab. 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 7-3 Old Business Page 138 of 278 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 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 lease 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 ,,o„^l^^ment a^,H ^r;^r +^ +h^ issuance of a building permit. 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.The FILC shall be returned to the developer it not used witnin a period of time not to exceed 5 years Page 139 of 278 7-3 Old Business 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 accommodationsapplication (e.g. site plan review), as necessary. B. The Construction Requirement is determined by dividing the finished floor arc\a (or total units) of the type of overnight accommodation by the floor arcs factor (or unit factor) and multiplying the result by the AH Unit Mitiption number for the type of housing to be constructed. Where the mitiption 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. 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. Sq. Low -Income 10.87 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. 7-3 Old Business Page 140 of 278 Moderate Sq. 171.61 100 condo units $5.18 Ft. Townhomes Sq. Extremely Low -Income 8.41 100 townhomes $8.77 Ft. Sq. Very Low -Income 9.85 100 townhomes $8.77 Ft. Sq. Low -Income 16.85 100 townhomes $8.77 Ft. Sq. Moderate 355.07 100 townhomes $8.77 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 -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; Page 141 of 278 7-3 Old Business 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. Page 142 of 278 r7-3 Old Business 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 7-3 Old Business Page 143 of 278 Moab City Council Agenda Item Meeting Date: October 23, 2018 Title: Set Public Hearing date for Proposed Ordinance # 2o19-o1- An Ordinance of the Governing Body of Moab Annexing Property Presenter: Rachel Stenta Attachment(s): • Draft Ordinance #2019-01 • Annexation Petition • Annexation Checklist & Flowchart • Annexation Policy Review Suggested Motion: - I move to send Proposed Ordinance #2019-01 to a Public Hearing on December 11, 2018 at Approximately 7:15 PM Background/Summary: This petition for annexation was accepted by the City Council on September 1o, 2018. I then certified the annexation on October 4, 2018 and advertised the protest period of 3o days. The protest period ended on November 4, 2018. No protests were received. The next step in the process is to send the proposed ordinance adopting the annexation to a public hearing on December 11, 2o18. The Planning Commission reviewed the proposed annexation on October 25, 2018 and you will have the results of that meeting prior to the public hearing. An annexation policy plan review is attached. I've attached the annexation checklist for your reference. 1 Page 144 of 278 7-4 Old Business ORDINANCE #2019-01 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING THE HANSEN/HOLYOAK PROPERTY ON 1248 AND 1260 NORTH HIGHWAY 191 TO THE CITY OF MOAB WHEREAS, on August 16, 2018 the Moab governing body received a petition for annexation of certain property approximately 58.90 acres in size as described in Exhibit "1" hereto; and WHEREAS, the property has been proposed for development with multi -family residential uses and short term lodging uses, allowed uses in the requested zoning designations of the C-4 residential zone and the C-4 commercial zone; and WHEREAS, the City Recorder on October 4, 2018, certified that the application complies with applicable law of the State of Utah and the Moab Municipal Code; and WHEREAS, the Moab Planning Commission reviewed the application in a public meeting held on October 25, 2018 to review the annexation and the requested zoning and found that the zones are acceptable for the types of uses proposed for the area; and WHEREAS, as required by law, the City Council must consider comments from affected entities, if any, and no notice of protest has been filed subsequent to the publication of notice of the application; and WHEREAS, the City Council has determined that the property meets the requirements of the City's Annexation Policy Plan; and WHEREAS, the City Council has determined that the property meets the annexation requirements of Utah State Code; and WHEREAS, the governing body has held the appropriate public hearings and given the appropriate public notice and received public input. NOW, THEREFORE, be it ordained by the governing body of the City of Moab that: The property known as the Hansen/Holyoak, as described in `Exhibit 1" and illustrated on the attached plat, "Exhibit 2", and located at 1248/1260 North Highway 191, is hereby annexed into the City of Moab and the zoning designation, upon recommendation from the Planning Commission for said annexation, shall be R-4 and C- 4 Zoning. This ordinance shall take effect immediately upon passage and this ordinance constitutes an amendment to the articles of incorporation for the City of Moab. Ordinance #2019-01 Page 1 of 4 Page 145 of 278 7-4 Old Business PASSED AND APPROVED THIS 8th DAY OF January, 2019. Emily S. Niehaus Mayor ATTEST: Rachel Stenta City Recorder Ordinance #2019-01 Page 2 of 4 Page 146 of 278 7-4 Old Business Contact Sponsor Name: Contact Sponsor Mailing Address: City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 PETITION FOR ANNEXATION Petition date: 7 tt,Lr( 2-G� 20 Petition Description (Approximate Address): 12426,0 401(15e-4 1 V-14 S, 14w g I R I 5 z-tuN 64 6,4.6, ur Contact Sponsor Phone Number: 70e kc 0 q 3 7-O We, the undersigned, being a majority of the owners of real property in territory lying contiguous to the corporate limits of Moab City, a municipal corporation in Grand County, State of Utah, and being also the owners of more than one-third (1/3) in value of the property in said territory as shown by the last assessment rolls in Grand County, hereby respectfully petition the Honorable Mayor and City Council of Moab City that such territory be annexed to and become part of said Moab City and that the corporate city limits of Moab City be extended so as to include the territory herein below listed. My signature on this petition may be considered as a separate petition or as part of a multiple - petitioner petition. Printed Name Mailing Address 1. Vito Gfr- .beuckmaNif u.c. 544Z S. Rood. 1*53i IAL Iliam 1+665 \ S1-6, 12-1- SNI17- 2. Rif K floty6a1G LTD s oteti►1 Signature Let4/7 ' vt c 3. diy14K- 4. 5. 6. 7. 8. 9. 10. * Moab City Code 17.12.150 Moab City — Annexation Petition Page 147 of 278 The ten-itory referred to herein is comprised of the following described real property in Grand County, State of Utah, to wit: Please attach a legal description of the proposed annexation and an accurate recordable map prepared by a licensed surveyor of the area proposed for annexation. Those properties described and set forth upon the attached pages through _, which pages are incorporated by reference and expressly made a part of this petition. List of Annexation Petition Attachments: ✓ Individual Legal descriptions for each property proposed for annexation; or A legal description that is inclusive of all properties proposed for annexation; _L. An accurate, recordable map prepared by a licensed surveyor of the area(s) proposed for annexation; ►'la- Copes of notices sent to affected entities; pia- A list of affected entities to which notices were sent; Please return this form with attachments to the Moab City Offices with an annexation petition fee* of $100.00 (for lots under five acres) or $400.00 (for lots over five acres). Please contact the City Recorder's Office at (435) 259-5121 if you have any questions regarding this form or this process. * Moab City Code 17.12.150 Moab City —Annexation Petition Page 148 of 278 July 30, 2018 View Gate Annexation Summary View Gate Development LLC., is instigating an annexation application for owned property at 1248 and 1260 S Hwy 191, as well as the contiguous 40 acres owned by Ron and Katherine Holyoak located to the south of our property. As part of this annexation request, we like wise request a zoning of C-4 on the property owned by View Gate Development LLC. The Holyoak property would remain medium residential. The purpose of a C-4 zoning for the approximate 19.54 acres is to utilize highway access for the current hotel being built under the grand County HC zoning, but to have the ability to use the remainder of the property for other commercial type uses. One of the main proposed uses would high density, medium income housing to benefit the community and assist in the shortage of such housing in the area. Additionally, the master plan would include both a small to medium unit retail structure near the Highway 191 frontage as well as professional office space. A smaller hotel and larger overnight accommodations will be included along with a few residential lots. We see the addition of this development as a broad and beneficial addition to the Moab City vision for the future. We look forward to working with you on this project. Thank You, View gate Development LLC Page 149 of 278 PARCEL 2 0 — 14oli oc& Prod)0'41 DESCRIPTION OF A PARCEL OF LAND IN THE N SECTION 18, T26S, R22E, SLM, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: NE 1/4 of the NW 1/4 Section 18, T26S, R22E, SLM containing 40 acres. Together with an access and utility described as follows. A 66.0 FT. WIDE ACCESS AND UTILITY EASEMENT IN SECTION 18, T26S, R22E, SLM, GRAND COUNTY, UTAH, SAID EASEMENT IS 33.0 FT. EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: Beginning at a point which bears S64° 30'W 1451.3 ft. from the NE corner Section 18, T26S, R22E, SLM, and proceeding thence with said center line along the arc of a 661.1 ft. radius curve to the left 148.0 ft. (said curve has a chord which bears S83° 38'W 147.7 ft.), thence along the arc of a 661.1 ft. radius curve to the right 148.0 ft. (said curve has a chord which bears S83° 38'W 147.7 ft.), thence with the North line of the S 44 NW 1/4 NE 1/4 said Section 18 N89° 57'W 1013.6 ft. to the center 1/4 line said Section 18, the terminus of this centerline description. Together with a 66' wide access and utility easement that is adjacent to and north of the following described line: Beginning in the NE corner of S 34 NW 1/4 NE 1/4 of Section 18, T26S, R22E, and proceeding S89° 57'E 382.2 ft. Together with use of a 66' easement that is identified in land deeded to Kay L. and Judy Tangreen and recorded 24-SEP-1998, Record No. E 445602 B 0522 P 400 Together with any easements and covenants associated with property donated by the Ray Holyoak Family to Utah State University as recorded in Grand County on 29-JAN-1996, Book 483, Page 257, Ref. No. 435831. Subject to a 25' utility easement along a portion of the east side of the property. Subject to all easements, restrictions, covenants, and rights - of -ways however evidenced. 4 7-4 Old Business Page 150 of 278 E 4466E12 80527 P 2V. Ent 528552 Bk 865 Pg 199 Date: 15-FED-2018 1:09:45PM Fee: $10.00 Charge Filed Ry: JAC JOIiN ALAN CORTE5 Recorder GRAND COUNTY CORPORATION For: ANDERSON-OLIVER TITLE INSURANCE AGENCY Mail Tax Notice to: View Gate Development, LLC, a Utah limited liability company 5442 South 900 East, Ste 531 Salt Lake City, UT 84117 WARRANTY DEED File Number. 10902 Danette H. Groesbeck, Sucessor Trustee of THE HOLYOAK FAMILY TRUST, GRANTOR(S), whose address is 825 Mountain View Drive, Moab, UT 84532 hereby CONVEY(S) AND WARRANT(S) to View Gate Development, LLC, a Utah limited liability company, GRANTEE(S) whose address is 5442 South 900 East, Ste 531, Salt Lake City, UT 84117 for the sum of ($10.00) Ten Dollars and No Cents and other good and valuable considerations the following described tract of land in Grand County, State of Utah, to - wit: Grand County, Utah: Beginning at the South Quarter comer Section 7, T26S, R22E, SLM, thence West along said Section line 660.0 feet; thence Northerly to a point 1301.39 feet North and 1950.55 feet East of the Southwest comer Section 7, T26S, R22E, SLM, thqn ce North 88°41' East 91.32 feet; thence North 89°45' East 177 feet; t5° thence North 53°54' East 22.61 fbet; thence North 63.05 feet to the South line of U.S. Highway 191 right- of-way; thence South 65°39' East along said Right-of-way to the East fine of the Southeast 1/4 Southwest 1/4 Section 7, T26S, R22E, SLM, thence South along said 40 acre line to the point of beginning. (Parcel No. 02-0007-0090) Together with but without warranties either express or implied, Water Right No. 05-569. Subject to easements, restrictions, and rights of way, however evidenced. WITNESS the hand of said Grantor, this 14th day of February, 2018. ii3OE ,6 mitzek..� Danette H. Groesbeck, ucessor Trustee of THE HOLYOAK FAMILY TRUST State of Utah ) )ss. County of Grand) On the II day of February, 2018, personally appeared before me, Danette H. Groesbeck, Sucessor Trustee of THE HOLYOAK FAMILY TRUST, the signer(s) of the foregoing Warranty Deed who duly asjcnowledged before me that he/OR/they executed the same. Nafary Public My commission expires: Residing in: Moab, Utah Fife No.: 10902 A02 Warranty Deed Page 151 of 278 DAWN RENAE EDDY NOTARY PUBLIC' STATE OF UTAH MY Comm. Exp. 05/20/2018 Commission # 676283 itagagzwZr ssau!sn8 PIO t -L / 33! sysolnarwrn 30V11 91000 01V0 JO 193n0311 31111V 030000311'4111n00 0NVa0'Ivan 30 UV19 ON 13000011uNnoo xNVx 1!0 nag 30 9V0 — s1N103n0adm A110 elOYi Ae 1HV0addV aG011069lH1m aNlWN lwowev ....i —ce'a 30 MO 03nO 3oA3wm AIM100 QNlO Ac T I 10945 a/ST/e 31ep 11.1999 1»MW yNwiww91 1leMOn OxV36V0 3aV111V9 19119119011W 11100999 01111491901 1 N011039 w 031V001 (110131E99.(NOW.1 ssal ro wow 'zany 6'8510 vale ue 8ulney lkouul3ay 10 3ulod ayl of Taal 5'ETZT 15e3 „L5,8I.00 41n05 a91 11o11la5 Ales 3oole awayl 111%15'3ZZ8'59Z1'L uo41a510 .111.0111.13 1011101 a4l of P. i'E0v 19e3 „00,65.59 41n35 AeM-1oa489 131. Huge a3uay11161 Fe1.181H to AeM-10-34311 41nos 041 uo iulod a o1'ssal 10 aloes 9aal v-05 4UoN aweyl 'haa16'ZE 13e3 „IT,L9.LE 4110N 10 3uNeaq p1040 el'laal 6'ZE 10 411ua1 o1e ue 411M 1V3l1.1101 heel O'v8T 111 sgpes a 3gney anln0 a y4M awayl Taal t'SLT 13e3 ,00,50.69 4130N 3.1.11 Teel Th613.3 .00.T4.88 4310N a3ua41 'Ue11 um018 P41.1111. 1 a of 1P. V1651se3 .00.01.00 4110N awayl 113.113'0913eM „00,5Z.t041/0N 3311a47 •Taal 5'409 1saM ,00,41400 4110N :sues aa1y1 eu1M01101 a4110e11 Plus ayl Huge awa41 113e11 uaa131af'9 Aaliva0 a411o...uo01sv.01.3 a4101 P. Z7591.3.05,85.68 41,0N VT u011335 PIeS 10 a111411105 a41 Huge a314a41 'HT Uap3a5 qes f MNON to awe, MN .11 el lo. Z'vtET lse3 .v0,OT.00 4310N awvyl '8T u013.2v5 Ples 10 f,51N{3N 1aux0 MS a4101100( L'TOEL 1saM .0t,95.68 4140N Alepulloq A3N 0911 411M a3ua41 � 'A�l'cv�punoq tutu,' Alp gem 1ua11n3 a41 oNe wt.; ples'BT ugoa 75 PIe51a IMNf3N 1011100 35 a11 el to. L'9IEI 1saM.ST,9T.0043no5 111.019.5 P109l0 09111 u0113a5134123 a43 411* eaua47 3u1parxud pue'u.1.1ei l pue ase8 a>1e111eS'1se3 ZZ eluee %mom 9Z dlysumol'83 uotpas to 10 1011a11enb 4110N ayl le HuluulHae NOI1 1210S30 NOIIVX3NNV 409345L 'eN .11.11 a1e0 .1.3 9va111 'uoola4 woo a0 019 49001119 (MN to BOU1P113 an puo'Mgvq pogpovvp N1vdold v4110 opoul 90991 AWNS pug a mu Apes 10410111 40SOKL .w 13eua311 MN 111.11 Pue Ue1/110 eie15 v4110 vnwl 041,0Pun Pv113,11.3 ae 1o1.1.3 Peel 1eu019vvpld a 111a I law 41.4 Oga18 worn •1 31V01ju830 S,80A3A811S 1x0an1� awla an.�sa111 l A1.n,93d9 ro .32Z113:1•1 Pit x9 Avavo Mn0V1ONl10l) n3n3 4v s � a3nao1�a0av 0 F waveNapaavavate MAO9La9N d Et•10 me 3.11.11.1C N 900 A'191 .tl d Z[.V 1 OS .. 4x9N s 0199 3AS9SASN 1 g Sin .1'SLl 3.0051.912N `. l9 1n11119 N .41173 v3t11�i ryling 9191 10.<1102 Hvin 'AiNnop ONV219 :ILIO 9V0141 dVW NOIIVX3NNV 31VDNIM SHOW Inca=0yM�3331 a3a900 rt aM —T sAvo Nmay1..s1 0 46601 N4661 • ON3031 Page 152 of 278 City of Moab Proposed Hansen-Holyoak Annexation 250 500 1,000 1,500 1 inch = 600 feet 2,000 Feet Legend 0 ity Limits Proposed Hanson-Holyoak Annexation Parcels 11 • th r imh inFritaalPii 6°1 It. , L.-v 4 Dribs ^Yr - , . • 4st „ ••". • .-„ it* inns, 4 • a ittt 0 " .7 City of Moab -0.....v---------- Grand County tip ,.., r . i. - .. 6 .c fon tali,. - I ''' l' > h Sjaill 111%1 VA Ille ... ••'.. !PSI •v_ii 13st , , .7 ,.. , l MI 11 Mgt . ' V) C - 11 151 i % • • § • CO C- 2. \ ..\ i , . ; ,, 1 . ? -, "' \ ea Mtithop ,...ji, j T1 1 g \ ) \ I -I - 1‘ \ -., Geezer 1 . t( . , i Holyoak Ln. \,_ 1 i Proposed Hanson/Holyoak Annexation ' Ca 0 -L. • cn No amp iqm ae:n maglalish. IE ct "b.. - my ith Grand County City of Moab • ' Ai Murphy tri 1 It! Future USU pus ao • r CITY OF UTAH /-Y_ C 11 ON FRl.�7 oh 2sh soh 75% woh 1248/126o South Highway 191 58.9 Acres SPCNISCR I NFCRVIA11 CN Will Hanson / 208-860-937o williamahansen87[7a gmail.com aceall@aol.com DENLS Update as of: 11/ 5/ 2018 Completed Petition Received 16-Aug-18 4/ 4/ Address (adjacent to City Limits) 1248/126o South Highway 191 Contact Name William Hansen 4/ Contact Phone # 208-26o-937o •/ Copy of Petition mailed to County Clerk & PC by applicant 17-Aug-18 4/ t/ Notice of PC Meeting posted on property 28-Sep-18 City Council Acceptance/Denial io-Sep-18 4/ Notice of Denial Mailed Planning Commission Review 25-Oct-18 4/ Recommended Zone C-4 and R-4 •/ PC Annexation Review Received Certification Date 4-Oct-18 •/ Notice of Certification to City Council 4-Oct-18 4/ t/ Notice of Certification to Affected Entities 4-Oct-18 Notice of Certification Published 11-Oct-18 4/ Protest Period Ends 4-Nov-18 t/ Protests Received None 4/ City Council Agenda to Set Public Hearing 13-Nov-18 Ordinance # 2o19-oi Public Hearing Date 11-Dec-18 Ordinance Approval Date 8-Jan-19 Notice of Annexation to Affected Entities Notice of Annexation Published Notice of Annexation mailed to Contact Sponsor Notice of Impending Boundary Action (Annexation) mailed to Lt. Governor Certificate of Annexation received from Lt. Governor Annexation Recorded with County Recorder ecordation (UCA§ so-2-425(1)(b)(i ) Requires - Original Notice of Impending Boundary Action Requires- Original Certificate of Annexation Recordation Recordation Requires - Approved Local Entity Plat Recordation Requires - Original Ordinance Approving Annexation Recordation City Zoning Map Updated Annexation Complete! § 7-4 Old Business Page 154 of ER Updated on: ii/5/zoi8 G:\Team Drives \Recorder Genera \An exations\Hanson Annexation checklist hanson.xlsx Moab City Recorder's Office CITY OF MOAB - ANNEXATION PROCESS (REVISED 08/23/10 Petitioner mails Notice of Intent to affected entities ► Petitioner files Annexation Petition with City Recorder Petition may be modified to correct deficiencies and re -filed with City Recorder City Council receives Boundary Commission's Decision within 30 days of conclusion of hearing Lt. Governor issues Certificate of Annexation Petitioner mails copies of ► completed petition to Co. Clerk & Planning Chair Notice of Denial mailed within 5 days to Contact Sponsor, Co. Clerk & Planning Chair ► Notice of Rejection and reasons mailed to City Council, Contact Sponsor, County Council, Planning Chair City Recorder provides copy of protest to Boundary Commission within 5 days of receipt and notifies County Council City Council sets Public Hearing date City Council Reviews at next regular meeting at least 14 days after filing date City Recorder rejects etition for certification County Council or Affected Entity files protest with Boundary Commission within 30 days of City Council Notice of Certification — protest must be mailed to City Recorder No protests are filed City Recorder sends written notice of Annexation to Lt. Governor's Office within 30 days of adoption City Recorder Records Annexation with County Recorder within 30 days of adoption Page 155 of 278 Moab City Planning Commission Reviews & Recommends City Recorder reviews Petition for certification within 30 days of acceptance Petition certified within 30 days City Recorder mails Notice of Certification to City Council, Contact Sponsor, County Council, Planning Chair City Recorder publishes notice of certification once a week for three weeks no later than 10 days after certification I City Recorder mails notice of certification to each Affected Entity within 20 days of certification City Recorder sends Notice of Annexation to each Affected Entity within 30 days of adoption City Recorder publishes notice of ► public hearing at least 7 days prior to hearing City Council holds Public Hearing City Council Grants Annexation by Adoption of Ordinance 7-4 Old Business Moab City Planning Commission Agenda Item Meeting Date: October 23, 2018 PL-18-47 #7-4: Title: Review of the Hanson-Holyoak Annexation Date Submitted: October 17, 2018 Applicant: William Hansen of View Gate Development and Ronald and Katherine Holyoak for R&K Holyoak, LTD Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Ordinance #2018-23, Resolution #15-2018 Options: Adopt, adopt with changes, reject and state the reasons Suggested Motion: I move to adopt Planning Resolution #15-2018 sending Ordinance #2018-23 to the City Council with a recommendation to approve. Background/Summary: The sponsor of this 59.54-acre annexation is William Hansen who is a member of View Gate Development, LLC, owner of the 19.54-acre portion of the proposed annexation. The other parcel consists of 40 acres and is owned by Ronald and Katherine Holyoak, R&K Holyoak, LTD. The View Gate properties are located at 1246/1248 South Highway 191 and 850 Ray's Lane for the Holyoak acreage. The current Grand County zoning for the Holyoak parcel is RR, Rural Residential. The View Gate property was originally zoned HC, Highway Commercial on 2.8 acres, and RR, Rural Residential, on the balance of 16.84 acres but a zone change to HC was granted by the county in late 2017 or early 2018. The previous improvements on the View Gate property consisted of an older home, a trailer house and smaller accessory buildings. The home was razed to make room for the commercial development currently under construction in the northern area of the property and the remaining trailer house will be removed with the smaller structures demolished as phasing of construction progresses. The Holyoak parcel is currently undeveloped. MOAB WINGATE ANNEXATION MAP MOAB CITY, GRAND COUNTY, UTAH Page 156 of 278 7-4 Old Business 2 The exhibit to the right shows the configuration of the lots as well as the contiguity of the property to City Limits. This annexation will create a peninsula but state law was amended in 2015 to allow creation of peninsulas and islands of unincorporated areas if the county does not have any issues. A letter from Grand County has been requested that states they have no concern with this annexation. The adjacent parcel to the south has City of Moab zoning designation of C-4, General Commercial Zone. This School and Institutional Trust Lands Administration (SITLA) parcel was zoned during the annexation of the South Area in 2010. The parcels adjacent to Highway 191 and east and west of the View Gate parcel are designated by Grand County as HC, Highway Commercial, and RR, Rural Residential. Adjacent properties further south are county zoned RR. The property owner is requesting that city zoning of R-4, Manufactured Housing Residential Zone, be applied to the 40-acre Holyoak parcel and C-4, General Commercial, applied to the View Gate acreage. Evaluation Moab Municipal Code Section 1.32.030 applies to the evaluation of the proposed Hansen-Holyoak Annexation and requires that each annexation be evaluated against several factors as discussed below. County Storm Water Easement a. Compliance with Appropriate Provisions of State Code Applicable state code provisions have been reviewed and staff has determined that the annexation complies with the relevant requirements, including but not limited to the following: • The annexation must be contiguous to Moab City Limits. The property is adjacent to City Limits on the south boundary line. • The annexation must maintain contiguity through the entire area to be annexed. The property is comprised of two adjacent lots. • The annexation must not create islands or peninsulas of unincorporated county land unless it is within the Annexation Area and the county has no concerns. The property lies within the Annexation Area and will create a peninsula as defined in Utah Code and the county has no concerns • The annexation must be initiated by a petition that meets all state requirements- the petition was certified by the City Recorder to meet state requirements on October 4, 2018. As required above, these properties are located within the annexation area as Page 157 of 278 7-4 Old Business 3 established by the General Plan and the Annexation Policy Plan Map shown below (MMC Chapter 1.32). General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) urrent City Limits Ownership Parcels N 0 0.5 1 1 inch equals 0.5 miles 2 Miles Page 158 of 278 7-4 Old Business 4 The following table indicates the types of uses allowed in the R-4 and C-4 Zones. R-4 Zone -City (17.51.020) C-4 Zone (17.27.020) One -family dwellings Dwellings -CUP Fences, walls, and hedges 7" Office buildings Customary household pets Funeral establishments Temporary construction yards Churches Agriculture Gymnasium Temp construction buildings and yards Agriculture/pasture Home occupations Retail establishments Two-family dwellings Testing labs Day care centers/foster homes Home occupations Apartment houses other multiple dwellings Schools Court apartments Hospitals Boys' schools/ correctional institutions Public buildings Communication towers Research establishments Secondary dwelling units Warehouses Pasturing of animals Assembly of appliances Plant nurseries Service establishments Mobile home parks/ subdivisions Apartments -CUP Public buildings Fraternity organizations/lodges Clubs and lodges (nonprofit) Eating establishments Boarding and rooming houses Commercial parking lots Planned unit developments Farm equipment sales Lodging establishment Manufactured home sales -CUP Taxidermy shops Electrical appliance shops Plumbing shops Carpentry shops Hardware stores stone and monument sales Service stations Auto body shops Car sales Engraving/printing Employee housing Wholesale sales Trucking company -CUP Manufacturing RV courts Garages Page 159 of 278 7-4 Old Business 5 b) Proposed Land Uses The county zoning designation of RR, Rural Residential, requires a minimum lot size of 1 acre (43,560 sq. ft.) per single residential dwelling. If the requested R-4 and C-4 zoning is accepted, the allowed uses will be changed to multi -family residential as well as those commercial uses listed above for the C-4. c) Assessed Valuation of the Property Property Location Use Area Total acres Valuation View Gate Development LLC 1246/1248 Hwy 191 S Manuf/Indus 852,033 sq ft 19.56 ac 59.56 199,021.00 R&K Holyoak LTD 850 Ray's Ln. Undeveloped 1,742,400 sq. ft. 40 ac The applicant completed the review process for development of the property with a hotel. This structure is underway at this time and additional development is anticipated. As mentioned elsewhere, the pre -annexation agreement will describe the approved plan and documents and what requirements must be satisfied for further development of both properties. The following illustration indicates the location of the hotel on the View Gate parcel. HANSEN PROPERTY CONCEPTUAL PLAN J PEPG coNSUL77n d) The Potential Demand for Municipal Services, Especially Those Requiring Capital Improvements. The City does not provide water and sewer in this area and will not provide services to the proposed annexation. Grand Water and Sewer Service Agency (GWSSA) will be the supplier. Law enforcement will be provided by the city, and the Public Works department will provide maintenance of any dedicated street rights -of -way subsequent to the annexation. Pre -annexation agreements with the Petitioners will cover the vesting for the approved development and any City requirements the developers must meet for additional construction subsequent to the annexation. Page 160 of 278 7-4 Old Business 6 Water: As previously noted, GWSSA will be the water provider. Any costs for additional development that requires extensions of the service lines will be paid by the developer and impact fees and connection fees will be due. All design and installation of water distribution systems are approved by the engineers for GWSSA. Sanitary Sewer: Sewer service from the site will also be provided by GWSSA. Onsite Roads: The developer will design any onsite public streets to comply with the construction design standards adopted by the City for construction of public improvements. Trails: At this time, trails are not proposed for the area. e) Recommendations of Other Local Government Entities Regarding the Potential Impact of the Annexation Grand County will respond to the appropriateness of the annexation. No other entities have responded to the written notification. f) Potential land use contribution to the Achievement of the Goals and Policies of the City. The development of commercial properties is the driving funding force behind everything else that is possible in the city. Owners of commercial properties and second homes are required to pay the full portion of property tax and the schools and county realize additional funding because of it. Retail sales tax revenues are what drive the City of Moab. A full response to this criteria is difficult to address because of the lack of specifics for uses planned on the property in future development. However, if multi -family housing is constructed, then it will satisfy several sections of the General Plan and the Moab Area Housing Plan. Historically, the attitude has been that residential uses do not contribute significantly to the maintenance of infrastructure as do commercial developments because no additional revenue is realized. This observation has been made by many local jurisdictions in efforts to justify annexing commercial development for its increases in sales or property taxes while discouraging residential annexations because it costs money to maintain the infrastructure without direct cost offsets. However, as with past annexations, it should be recognized that residential uses provide dwelling space for consumers of goods purchased from merchants in the commercial districts. Residential uses also provide housing for the working population so stores and services remain open to generate much needed sales tax revenue. The proposed development of the 40 acre R-4 tract can potentially provide numerous housing options for residents. The R-4 does not allow short term rentals and the Holyoaks do not desire to pursue this use for their property. Development of future housing will be an asset to the community. The C-4 zoning is requested to be applied to the nearly 20 acre View Gate portion of the proposed annexation adjacent to S Highway 191. All development will be consistent with the Grand County approvals as described in the pre -annexation agreement being drafted by the City Attorney. Future phases or construction must be aligned with the General Plan or any future land use plan and the regulations of the Moab Municipal Code (MMC). The allowed uses in the C-4 and the R-4 are listed above. g) Identification of any Special Districts or County Department Currently Providing Services. • Grand County School District is a county -wide district for which there is no contemplated change in level of service or responsibility because of the annexation. Page 161 of 278 7-4 Old Business 7 • Moab Fire Department- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Grand County Hospital Service District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Health Department of Southeastern Utah- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Cemetery District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Moab Mosquito Abatement District- This is also a county -wide district and no change in service level or responsibility is expected. • Grand County Library Board- This is also a county -wide district and there is no contemplated change in service level or responsibility. • Solid Waste District- This is a county -wide district and there is no contemplated change in service level or responsibility. • Recreation District- This, too, is a county -wide district and there is no contemplated change in service level or responsibility. h) If an application includes a specific proposal for urban development, an understanding as to the provision of improvements will be concluded between the city and the applicant. As mentioned above, a Pre -annexation Agreement between the City and Petitioner that addresses the provision of public improvements previously discussed shall be approved by the City Council. i) New Annexations should create area in which services can be provided efficiently. This annexation will not create a geographically isolated area that would make service difficult or extremely expensive to deliver. Utilities are currently provided to the property and these extensions may become valuable when the proposed R-4 parcel develops. j) Tax Consequences for Affected Entities. New commercial developments benefit the county in the way of increased property taxes. The City will benefit through sales tax collected on materials locally purchased for construction and other retail sales. Additionally, housing projects will provide much needed homes for the community and those residents will buy goods from local businesses. Page 162 of 278 7-4 Old Business 8 Hanson Holyoak Annexation - Contours 0 100 200 400 600 1 inch = 200 feet 800 Feet The following chart is a general guide for possible population intensities. Projected Population: The property is located along the lower slopes of Moab Rim where significant natural storm water erosion has taken place over time. This alluvial erosion has created a washboard landscape that will certainly be subject to the Hillside Development regulations found in Moab Municipal Code (MMC) Chapter 17.55. The illustration to the left shows the varied contours of the properties. Excavation and fills for development will be governed by this code chapter and may influence the actual allowed population of the property. A shallow water table may also limit the amount of development that is possible in this area. Page 163 of 278 7-4 Old Business 9 Zone Property Gross area sq. ft. Required Lot area per d/u Current Residents Appx. Total allowable units Appx. Potential Number of Residents R-4 1,742,400 1,800 Sq. ft. N/A 968 units 23521 to 30002 C-4 852,033 Unlimited if above ground floor N/A (Based on plan) (Based on plan) 'Average household size=2.43 2Average Family Size=3.1 Average Water Demand: In August 2014, the USGS Utah Water Science Center (David Susong) announced that the average household in Moab used 185,000 gallons of water per year. ANNEXATION PLAT MOAB WINGATE ANNEXATION MAP MOAB CITY, GRAND COUNTY, OTAH SURVEYOR'S CEnnFICATE [WIN, f I am a Prareselonalunp.n.rypr ae PrtKagep miinaiT nn w..::i waim:oe orn. f. PnIPMV eeeSCA,,Kf,tl'w,ana ne. rrniree minn.wnev aK as ellonn nercm, ANNE ATlON DESCRIPTION Begin u tfe 21 E44,, 541f le. Base Meddler, end npmreNNgbenCe wlle the cornerSE NEB M& Bele sat,. eme rentelm Ine arrant mme atom thenUe en airy band ry norm 80`ee•14` West 1301 ] 1net m Ine SW comer NFjNNS as thence No. I004 Eael 1314.2 ket fota NW comer of NEeNfAil cob 2I01A.50fith lire afSS] Seel. 161.3199-59'0'EaN 651.2f. the Soulheast corner ol 9anllry&JoIrbsnthff1 tract tllanca alaNA>re aap Vad Nefalpniy [Area CLIs Noon W'4401' WeH 399.E OEM. NOrth 01.23.00,641.19.5 feet; thence No. d1'9to gcanton the Brown hart feet thence Nor. 8,15.00. Ofaet thence Nor. 53° WOO' 25faet thence No. B2.50 ...moray...a point on the efouth fighl.ffPnay of the ceder section line of aeclion T2133. FIZRE. SLEW,. thence alcrip to the palN of *finning. haring an area o@58.8 Acre, mom or Feu. 1111) DESEIITi eti nrn,�ran ^k,a...' rNa rm ADDENDUM Page 164 of 278 7-4 Old Business 10 Utah Code Effective 5/12/2015 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. (3) (a) An annexation under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of that parcel has signed the annexation petition under Section 10-2-403. (b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (3)(a) if owned by the same owner. (4) A municipality may not annex an unincorporated area in a specified county for the sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to annex the same or a related area unless the municipality has the ability and intent to benefit the annexed area by providing municipal services to the annexed area. The legislative body of a specified county may not approve urban development within a municipality's expansion area unless: (a) the county notifies the municipality of the proposed development; and (b) (i) the municipality consents in writing to the development; or (ii) (A) within 90 days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and (B) the county responds in writing to the municipality's objections. (5) (6) (a) An annexation petition may not be filed under this part proposing the annexation of an area located in a county that is not the county in which the proposed annexing municipality is located unless the legislative body of the county in which the area is located has adopted a resolution approving the proposed annexation. (b) Each county legislative body that declines to adopt a resolution approving a proposed annexation described in Subsection (6)(a) shall provide a written explanation of its reasons for declining to approve the proposed annexation. Page 165 of 278 7-4 Old Business 11 (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation Administration has, by a record of decision, approved for the construction or operation of a Class I, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14 C.F.R. Part 139. (8) (b) A municipality may not annex an unincorporated area within 5,000 feet of the center line of any runway of an airport operated or to be constructed and operated by another municipality unless the legislative body of the other municipality adopts a resolution consenting to the annexation. (c) A municipality that operates or intends to construct and operate an airport and does not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)may not deny an annexation petition proposing the annexation of that same area to that municipality. (a) A municipality may not annex an unincorporated area located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, without the authority's approval. (b) (i) Except as provided in Subsection (8)(b)(ii), the Military Installation Development Authority may petition for annexation of a project area and contiguous surrounding land to a municipality as if it was the sole private property owner of the project area and surrounding land, if the area to be annexed is entirely contained within the boundaries of a military installation. (ii) Before petitioning for annexation under Subsection (8)(b)(i), the Military Installation Development Authority shall provide the military installation with a copy of the petition for annexation. The military installation may object to the petition for annexation within 14 days of receipt of the copy of the annexation petition. If the military installation objects under this Subsection (8)(b)(ii), the Military Installation Development Authority may not petition for the annexation as if it was the sole private property owner. (iii) If any portion of an area annexed under a petition for annexation filed by a Military Installation Development Authority is located in a specified county: (A) the annexation process shall follow the requirements for a specified county; and (B) the provisions of Subsection 10-2-402(6) do not apply. Effective 5/12/2015 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal -type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: 0) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; Page 166 of 278 7-4 Old Business 12 (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal -type services; and (D) the municipality has provided most or all of the municipal -type services to the area for more than one year; (Ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal -type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. (3) (a) This Subsection (3) applies only to an annexation within a county of the first class. (b) A county of the first class shall agree to the annexation if the majority of private property owners within the area to be annexed has indicated in writing, subject to Subsection (3)(d), to the city or town recorder of the annexing city or town the private property owners' consent to be annexed into the municipality. (c) For purposes of Subsection (3)(b), the majority of private property owners is property owners who own: (i) the majority of the total private land area within the area proposed for annexation; and (ii) private real property equal to at least one half the value of private real property within the area proposed for annexation. (d) (i) A property owner consenting to annexation shall indicate the property owner's consent on a form which includes language in substantially the following form: "Notice: If this written consent is used to proceed with an annexation of your property in accordance with Utah Page 167 of 278 7-4 Old Business 13 Code Section 10-2-418, no public election is required by law to approve the annexation. If you sign this consent and later decide you do not want to support the annexation of your property, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of [name of annexing municipality]. If you choose to withdraw your signature, you must do so no later than the close of the public hearing on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(a)(iv).". (e) A private property owner may withdraw the property owner's signature indicating consent by submitting a signed, written withdrawal with the recorder or clerk no later than the close of the public hearing held in accordance with Subsection (4)(a)(iv). (a) The legislative body of each municipality intending to annex an area under this section shall: (i) adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; (ii) publish notice: (A) (I) at least once a week for three successive weeks in a newspaper of general circulation within the municipality and the area proposed for annexation; or (II) if there is no newspaper of general circulation in the areas described in Subsection (4)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are most likely to give notice to the residents of those areas; and (B) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks; (iii) send written notice to the board of each local district and special service district whose boundaries contain some or all of the area proposed for annexation and to the legislative body of the county in which the area proposed for annexation is located; and (iv) hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution under Subsection (4)(a)(i). (b) Each notice under Subsections (4)(a)(ii) and (iii) shall: (i) state that the municipal legislative body has adopted a resolution indicating its intent to annex the area proposed for annexation; (ii) state the date, time, and place of the public hearing under Subsection (4)(a)(iv); (iii) describe the area proposed for annexation; and (iv) except for an annexation that meets the property owner consent requirements of Subsection (5)(b), state in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing under Subsection (4)(a)(iv), written protests to the annexation are filed by the owners of private real property that: (A) is located within the area proposed for annexation; (B) covers a majority of the total private land area within the entire area proposed for annexation; and (C) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. Page 168 of 278 7-4 Old Business 14 (c) The first publication of the notice required under Subsection (4)(a)(ii)(A) shall be within 14 days of the municipal legislative body's adoption of a resolution under Subsection (4)(a)(i). (5) (a) Upon conclusion of the public hearing under Subsection (4)(a)(iv), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the city recorder or town clerk, as the case may be, by the owners of private real property that: (i) is located within the area proposed for annexation; (ii) covers a majority of the total private land area within the entire area proposed for annexation; and (iii) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (6) (b) 0) Upon conclusion of the public hearing under Subsection (4)(a)(iv), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (5)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an ordinance adopted under Subsection (5)(b)(i), the area annexed shall be conclusively presumed to be validly annexed. (a) If protests are timely filed that comply with Subsection (5), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. (b) Subsection (6)(a) may not be construed to prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (2)(a)(ii) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2)(b) to annex some or all of the remaining portion of the unincorporated island. Moab Municipal Code 1.32.030 Annexation policy plan. A. Pursuant to U.C.A. 10-2-401.5, the city hereby adopts the following annexation policy declaration. 1. Sound urban development is essential to the continued economic development of this state; 2. Municipalities are created to provide urban governmental services essential for sound urban development and for the protection of public health, safety and welfare in residential, commercial and industrial areas, and in areas undergoing development; 3. Municipal boundaries should be extended, in accordance with specific standards, to include areas where a high quality of urban governmental services is needed and can be provided for the protection of public health, safety and welfare and to avoid the inequities of double taxation and the proliferation of special service districts; Page 169 of 278 7-4 Old Business 15 4. Areas annexed to municipalities in accordance with appropriate standards should receive the services provided by the annexing municipality as soon as possible following the annexation; 5. Areas annexed to municipalities should include all of the urbanized unincorporated areas contiguous to municipalities, securing to residents within the areas a voice in the selection of their government; 6. Decisions with respect to municipal boundaries and urban development need to be made with adequate consideration of the effect of the proposed actions on adjacent areas and on the interests of other government entities, on the need for and cost of local government services, and the ability to deliver the services under the proposed actions and on factors related to population growth and density and the geography of the area; and B. The map from the adopted Annexation Policy Plan is attached in the addendum below and includes a description map showing the anticipated future extent of the city of Moab's boundaries and areas that are more readily available for service and more readily available for future expansion. C. (1) Criteria for annexation of unincorporated areas include: a. The property is contiguous to the boundaries of the city; b. The property is located within the area projected for the city municipal expansion as noted above; c. The property is not included within the boundaries of another incorporated municipality; d. The annexation is not an unincorporated peninsula within the boundaries of the city; e. The property will not be annexed for the sole purpose of acquiring municipal revenue or for retarding the capacity of another municipality to annex into the same or related area. (2) The city will evaluate the following for each annexation: a. Compliance with all requirements of appropriate state code provisions. Under new provisions in UCA 10-2-418, adopted by the Utah State Legislature and in effect May 5, 2015, a municipality may annex an area if: 1. municipal facilities have been provided to the property for a period of at least one year, 2. the area has fewer than 800 residents, and 3. the county and municipality agree that the area should be included within the municipality. Grand County has no objection to the annexation. b. The current and potential population of the area, and the current residential densities. c. Land uses proposed in addition to those presently existing. d. The assessed valuation of the current properties or proposed uses. e. The potential demand for various municipal services, especially those requiring capital improvements. f. Recommendations of other local government jurisdictions regarding the proposal and potential impact of the annexation. g. How the proposed area, and/or its potential land uses would contribute to the achievement of the goals and policies of the city. h. Identification of any special districts or county departments that are currently providing services. If the proposed area is receiving services that are to be assumed by the city, a statement should be included indicating that steps can be taken to assure an effective Page 170 of 278 7-4 Old Business 16 transition in the delivery of services. A timetable for extending services should be included if the city is unable to provide services immediately. If the proposed area is receiving services that are not going to be assumed by the city a statement to that effect will be included in the annexation agreement. i. If an application for annexation includes a specific proposal for urban development, an understanding as to the provision of improvements should be concluded between the city and the applicant. j. New annexations should create areas in which services can be provided efficiently. The annexation should not create geographically isolated areas, areas for which the provision of services would be costly or difficult, or an area in which surface water runoff would create multi -jurisdictional problems. k. The tax consequences for affected entities should be addressed. (3) In order to facilitate orderly growth, the following city policies will apply to every annexation proposal. However, compliance with any policy not expressly required by state law is not mandatory, and failure to comply with any policy not expressly required by state law shall in no way affect or jeopardize an annexation petition that otherwise meets the standards established in the Utah Code. a. The city's policy is to consider annexation only in those areas where the city has the potential to provide urban services (either directly or through interlocal cooperative agreement). These areas may include locations served or to be served by city utilities, electrical service, police and fire protection facilities, etc. b. The city declares its interest in those areas identified in this policy declaration and other areas lying within one-half mile of the city's boundary. Any urban development as defined by state law proposed within this specified area is subject to review and approval of the city as provided in U.C.A. 10-2-418, as amended. c. Due to the extraterritorial powers granted as part of the Utah Boundary Commission Act, the city may exercise its initiative to prepare and adopt a general plan for future development in those extraterritorial areas of interest for future annexation, as indicated in this policy declaration. This general plan will define proposed land uses, nature, and density of development desired by the city in each particular area. Once this ordinance is adopted, any proposed development in an area to be annexed must conform to the general plan, notwithstanding said plan may be amended from time to time as deemed necessary and appropriate. d. It is the policy of the city to require new development in annexed areas to comply with all city standards and regulatory laws. Proposed actions to be taken to overcome deficiencies should be identified and costs estimated. e. To avoid creation of islands and peninsulas, unincorporated territory and publicly -owned land such as roadways, schools, parks or recreational land, may be annexed as part of other logical annexations. f. In order to facilitate orderly growth and development in the city, the planning commission may review a proposed annexation and make recommendations to the city council concerning the parcel to be annexed, the effect on city development, and the recommended zoning district designation for the proposed annexed area. Review by the planning commission is not a requirement for annexation, and approval from the planning commission is not necessary for annexation. Page 171 of 278 7-4 Old Business 17 g. The city council shall designate the zoning for the territory being annexed in the ordinance annexing the territory. The zoning designations must be consistent with the general plan. The city council shall not be bound by the zoning designations for the territory prior to annexation. Nothing in this section shall be construed as allowing the city council to change zoning designations in areas that are already within the municipal boundaries, without following the procedures for zoning amendments found in the city code. h. Landowners petitioning for annexation must file an application and follow the procedures for annexation required by state law and the procedures specified by the city. i. The city may require an annexation fee reasonable to the cost incurred as part of the annexation process. j. From time to time, the city may amend this master annexation policy declaration. This policy declaration, including maps, may be amended by the city council after at least fourteen days' notice and public hearing. Annexation policy declarations for individual annexations may be considered amendments to this master annexation policy declaration and likewise require adequate notice and public hearing as herein specified. D. The character of the community. 1. The areas anticipated for future annexation contain a wide variety of land uses. There is vacant land, as well as residentially developed property, and property developed and being developed for commercial uses. 2. The city was incorporated in December 20, 1902 and has entertained numerous proposals for annexation since that time. Recent interest in annexation has been shown by many surrounding property owners. This policy declaration will help to define those areas that the city will consider in a favorable manner. E. The need for municipal services in developing unincorporated areas. 1. The city recognizes that municipal services to developed areas which may be annexed should, to the greatest extent possible, be provided by the city. It may, however negotiate service agreements in annexing areas. 2. For developing unincorporated areas to be annexed to the city, general government services and public safety service will be provided by the city as the area is annexed and developed. Where feasible and in the public interest to the citizens of the city, public utility services will be provided by the city or through the appropriate utility companies or improvement districts. 3. Subsequent policy declarations on individual parcels will address provision of utility service to that particular area. Determination of how utility service will be provided to developing areas proposed for annexation will be developed following discussion with the public works department and other appropriate utility officials or entities. F. Financing and time frame for the extension of municipal services. 1. Those areas identified in this master policy declaration as being favorable for annexation are located near to the city. A basic network of collector roads presently exists in many of these areas and the city can readily extend such services as police protection, street maintenance, and general government services. Unless otherwise specified, city services for police and street Page 172 of 278 7-4 Old Business 18 maintenance will begin in newly annexed areas immediately following the effective date of annexation. 2. Services for newly annexed areas will be provided for out of the general and/or enterprise funds. However, it is the city's policy that all new development in areas requiring service bears the burden of providing necessary facilities. If and when the property sought to be annexed is developed, the developer will have to construct and install appropriate municipal service facilities such as streets, curb, gutter, sidewalk, water and sewer lines, as provided by city code. Construction of water and/or sewer line extensions involving multiple properties will be phased to coincide with the financial readiness of said property owners and the city. 3. If services in an annexed area are substandard, then the financing of improvements to bring the area up to city standards may be necessary through such means as a special improvement district. The city may decline to annex areas that contain significant substandard improvements. The site annexation policy declaration, submitted with individual annexations, will identify a schedule for necessary improvements to the area. 4. Unless otherwise agreed by the city in writing, the annexation of real property into the municipal, limits shall not obligate the city to construct or install utilities or other public infrastructure. The decision to extend or install such improvements shall be vested solely in the discretion of the city council. G. The estimate of tax consequences. The estimate of tax consequences to residents in both new and old territory of the city resulting from the proposed future annexations cannot be accurately assessed at this time. As each annexation proposal occurs, the city will review the tax consequences of that annexation. H. Affected entities. The following is a list of potentially -affected entities, to which copies of the annexation policy declaration has been supplied prior to its adoption. In addition, as annexation proposals occur, the entities affected by the proposed annexation will be notified. Grand County 10-2-402. Annexation -- Limitations. (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part. (b) An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and An unincorporated area may not be annexed to a municipality unless: (i) it is a contiguous area; Page 173 of 278 7-4 Old Business 19 (ii) it is contiguous to the municipality; (iii) annexation will not leave or create an unincorporated island or unincorporated peninsula: (A) except as provided in Subsection 10-2-418(2)(b); or (B) unless the county and municipality have otherwise agreed; and (iv) for an area located in a specified county with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality's expansion area. (2) Except as provided in Section 10-2-418, a municipality may not annex an unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation. 10-2-418. Annexation of an island or peninsula without a petition -- Notice -- Hearing. (1) For purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, "municipal -type services" for purposes of Subsection (2)(a)(ii)(B) does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as "political subdivision" is defined in Section 17B-1-102. (2) (a) Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if: (I) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal -type services; and (D) the municipality has provided most or all of the municipal -type services to the area for more than one year; (II) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal -type services to the area for at least one year; or (iii) (A) the area consists of: (I) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (II) for an area outside of the county of the first class proposed for annexation, no more than 50 acres; and (B) the county in which the area is located, subject to Subsection (3)(b), and the municipality agree that the area should be included within the municipality. Page 174 of 278 7-4 Old Business 20 (b) Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (i) in adopting the resolution under Subsection (4)(a)(i), the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (ii) for an annexation of one or more unincorporated islands under Subsection (2)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(a)(ii)(A) relating to the number of residents. General plan annexation area boundary description The boundary encompasses: Portions of Sections 25, 26, 27, 34 and all of Sections 35 and 36 in Township 25 South, Range 21 East, Salt Lake Base & Meridian; Portions of Section 31 in Township 25 South, Range 22 East, Salt Lake Base & Meridian; All of Sections 1, 2 and 12 together with portions of Sections 11 in Township 26 South, Range 21 East, Salt Lake Base & Meridian; All of Sections 6, 7 and 18, together with portions of Sections 5, 8, and 17 in Township 26 South, Range 22 East, Salt Lake Base & Meridian, and is more particularly described as: Beginning at the SW Corner of Section 18, T 26 S, R 22 E, SLBM; Thence northerly to the NW Corner of said Section 18; Thence westerly to the SW Corner of Section 12, T 26 S, R 21 E, SLBM; Thence northerly to the SE Corner of Government Lot 1, Section 11, T 26 S, R 21 E, SLBM; Thence westerly to the NE corner of Section 10, T 26 S, R 21 E, SLBM; Thence northerly to the SW Corner of Section 2, T 26 S, R 21 E, SLBM; Thence northerly to the NW Corner of said Section 2; Thence westerly to the SW Corner of the SE1/4SW1/4 of Section 34, T 25 S, R 21 E, SLBM; Thence northerly to the NW Corner of Government Lot 10, Section 27, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of Government Lot 8, Section 26, T 25 S, R 21 E, SLBM; Thence southerly to the SE Corner of said Government Lot 8; Thence easterly to a point on the West Section Line of said Section 26; Thence southerly to the NE Corner of the SE1/4SE1/4 of said Section 26; Thence easterly to the NE Corner of Government Lot 6, Section 25, T 25 S, R 21 E, SLBM; Thence southerly to the NW Corner of Government Lot 3, Section 31, T 25 S, R 21 E, SLBM; Thence easterly to the NE Corner of the SE1/4NW1/4 of said Section 31; Thence southerly to the SE Corner of Government Lot 9, said Section 31; Thence easterly to the NE Corner of Section 6, T 26 S, R 22 E, SLBM; Thence easterly to the NE Corner of Government Lot 4, Section 5, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of the SW1/4SW1/4 of said Section 5; Thence southerly to the SE Corner of the SW1/4SW1/4 of Section 8, T 26 S, R 22 E, SLBM; Thence southerly to the SE Corner of Government Lot 35, Section 17, T 26 S, R 22 E, SLBM; Thence westerly to the SE Corner of Section 18, T 26 S, R 22 E, SLBM; Thence westerly to the SW Corner of said Section 18, said point being the POINT OF BEGINNING. Page 175 of 278 7-4 Old Business 21 General Plan Annexation Area Boundary Legend General Plan Annexation Area (Ordinance 2008-23) 0111‘urrent Clty Limits Ownership Parcels 0 0.5 1 1 inch equals 0.5 miles 2 Mies Page 176 of 278 7-4 Old Business Moab City Council Agenda Item Meeting Date: November 13, 2018 # : 7-5 Title: Options regarding Residential and Commercial Solid Waste and Recycling Collection and Disposal Date Submitted: November 5, 2018 Staff Presenter: Rosemarie Russo, Sustainability Director Attachment(s): • Residential and Commercial Solid Waste Collection, Disposal & Recycling Request for Proposal Recommended Motion: N/A — discussion purposes only at this time Background: (The goal of this briefing is to solicit informal direction from the City Council in advance of negotiating a contract with the proposed service provider. Once that happens, staff will bring a formal contract proposal back to the Council for approval.) The City's waste hauling services have not been subject to a competitive bid process for close to twenty years. In order to ensure the best combination of service and value, the City solicited proposals for garbage and recycling services for residential and commercial customers within the City as well as municipal facilities. Additionally, the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13% is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 5o%. The City currently contracts with a solid waste hauler for commercial and residential service within the City, and separately for recycling services. The City sought to combine those functions in order to optimize collection efficiencies and track progress toward waste reduction goals. The RFP asked respondents to provide pricing options for mandatory or optional curbside recycling services, as well as a host of other "a la carte" services. The City received one qualified response to the request, which came from Monument Waste, the current service provider. Recycling services include: • Newspaper (ONP) - including all inserts • Cardboard (OCC) - boxes should be broken down flat • Chipboard Boxes - Cereal & Tissue type • Magazines and Glossy Print • Junk Mail / Bulk Mixed paper Page 1 1 of 278 7-5 Old Business " O f f i c e P a p e r - W h i t e & C o l o r e d " T i n c a n s " A l u m i n u m b e v e r a g e c o n t a i n e r s " G l a s s b o t t l e s a n d j a r s - b e v e r a g e a n d f o o d c o n t a i n e r s " P l a s t i c b o t t l e s & t u b s ( # 1 a n d # 2 o n l y ) " A s e p t i c C o n t a i n e r s ( m i l k , j u i c e , b r o t h , e t c . ) " S t y r o f o a m " p a c k i n g b l o c k s " o n l y - N o p a c k i n g p e a n u t s , c u p s o r p l a t e s " H o t b e v e r a g e c u p s R e c o m m e n d e d s e r v i c e l e v e l s : 1 . C o n t i n u e r e q u i r i n g r e s i d e n t i a l c u r b s i d e g a r b a g e p i c k u p o n c e a w e e k . 2 . R e q u i r e r e s i d e n t i a l c u r b s i d e r e c y c l i n g e v e r y t w o w e e k s . T h i s w i l l s i g n i f i c a n t l y i m p r o v e l a n d f i l l d i v e r s i o n r a t e s a n d r e s u l t i n a l o w e r c o s t f o r r e c y c l i n g p i c k u p i n t h e a g g r e g a t e . 3 . O f f e r t w o s i z e s o f c a r t s f o r b o t h r e c y c l i n g a n d g a r b a g e r e s i d e n t i a l s e r v i c e . D o i n g s o a l l o w s h o u s e h o l d s t o s c a l e t h e i r s e r v i c e s p e c i f i c t o t h e i r u s e . H o w e v e r , t o a v o i d o v e r l y c o m p l i c a t i n g t h e b i l l i n g a n d o p e r a t i o n a l i m p a c t s o f t h i s o p t i o n , s t a f f r e c o m m e n d s t h a t h o u s e h o l d s b e l i m i t e d t o m a k i n g c h a n g e s f r o m o n e s i z e t o a n o t h e r a t s e t t i m e s o f t h e y e a r . T h i s w o u l d n o t a f f e c t a d d i n g a d d i t i o n a l c o n t a i n e r s a d h o c . 4 . C o n t i n u e t o r e q u i r e c o m m e r c i a l g a r b a g e p i c k u p w i t h v a r i o u s c o n t a i n e r s i z e s . 5 . C o n t i n u e t o o f f e r r e c y c l i n g p i c k u p w i t h v a r i o u s c o n t a i n e r s i z e s a v a i l a b l e . 6 . C o n s t r a i n c o m m e r c i a l p i c k u p o f g a r b a g e a n d / o r r e c y c l i n g t o a m a x i m u m o f t w i c e a w e e k . T h i s w i l l c u t d o w n o n c o l l e c t i o n v e h i c l e t r i p s a n d i n c e n t i v i z e c o m m e r c i a l c u s t o m e r s t o r i g h t - s i z e t h e i r c o n t a i n e r s . C u r r e n t l y , a r e s i d e n t w i t h i n c i t y l i m i t s p a y a p p r o x i m a t e l y $ 1 7 f o r t r a s h ( 9 5 g a l l o n c a n ) a n d o p t i o n a l l y $ 1 2 f o r r e c y c l i n g ( 3 o g a l l o n b i n ) f o r a m o n t h l y c o s t o f $ 2 9 . P r o p o s e d r a t e s a r e a s f o l l o w s : R e c o m m e n d e d R a t e s : 1 . R e s i d e n t i a l m a n d a t o r y c u r b s i d e r e c y c l i n g p i c k u p ( o n c e e v e r y t w o w e e k s ) : " $ 1 6 ( 6 5 - g a l l o n t r a s h ) a n d $ 1 0 ( 6 5 - g a l l o n r e c y c l i n g ) = $ 2 6 / m o n t h " $ 1 6 ( 6 5 - g a l l o n t r a s h ) a n d $ 1 2 ( 9 5 - g a l l o n r e c y c l i n g ) = $ 2 8 / m o n t h " $ 1 8 ( 9 5 - g a l l o n t r a s h ) a n d $ 1 0 ( 6 5 - g a l l o n r e c y c l i n g ) = $ 2 8 / m o n t h " $ 1 8 ( 9 5 - g a l l o n t r a s h ) a n d $ 1 2 ( 9 5 - g a l l o n r e c y c l i n g ) = $ 3 o / m o n t h 2 . C o m m e r c i a l m a n d a t o r y g a r b a g e p i c k u p : W e e k l y : T w i c e w e e k l y : 2 y d $ 6 4 $ 1 2 o 3 y d $ 7 9 $ 1 4 9 4 Y d $ 9 4 $ 1 7 7 6 y d $ 1 2 4 $ 2 3 3 8 y d $ 1 5 4 $ 2 9 0 P a g e 1 7 $ o f 2 7 8 7 - 5 O l d B u s i n e s s 3. Commercial optional recycling pickup: Weekly: Twice weekly: 2 Yd $59 $111 3 Yd $74 $139 4 Yd $89 $i67 6 yd $119 $224 8 Yd $149 $28o Alternatively, if the Council wishes to not require mandatory residential recycling pickup, the rates for opting in to recycling pickup would be as follows: Opt -in residential curbside recycling pickup (once every two weeks): • $16 (65-gallon trash) and $14 (65-gallon recycling) = $30/month • $16 (65-gallon trash) and $16 (95-gallon recycling) = $32/month • $18 (95-gallon trash) and $14 (65-gallon recycling) = $32/month • $18 (95-gallon trash) and $16 (95-gallon recycling) = $34/month And if the Council wished to require commercial recycling pickup, the rates would be as follows: Commercial required recycling pickup: Weekly: Twice weekly: 2 Yd $54 $102 3 Yd $69 $13o 4 Yd $84 $158 6 yd $114 $214 8 Yd $144 $271 The proposal includes pricing for using multiple containers as well as specific pricing for servicing municipal facilities. The initial term of the contract would be from April 1, 2019 to November 3o, 2o23. The City may, in its discretion, extend the contract for up to two additional terms of five years each. Page 1 A of 278 7-5 Old Business CITY OF MOAB REQUEST FOR PROPOSALS RESIDENTIAL, COMMERICIAL AND MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL AND RECYCLING SERVICES FOR MOAB CITY The City of Moab is now accepting requests for proposals for Solid Waste Collection and Disposal for Residential, Commercial and Municipal services as well as Recycling services. Request for proposal forms are available at the Moab City Offices located at 217 East Center Street, Moab, Utah 84532 or online at: moabcity.org. All proposals must be turned in to the Moab City Recorder's Offices, located at 217 East Center Street, Moab, Utah 84532. Moab City reserves the right to reject any or all proposals; or to accept or reject the whole or any part of the proposal; or to waive any informality or technicality in the interest of Moab City. The Deadline for all requests for proposals is 3:oo p.m. Friday, October 19, 2o18. For further information, please contact the Moab City Recorder's office at: (435) 259-5121. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, October 4 and 11, 2o18. a\Team Drives\Recorder General\Bids Current\2018\Solid Waste\solid waste rfp bid.docx Page 180 of 278 7-5 Old Business Residential, Commercial and Municipal Solid Waste Collection and Disposal and Recycling Request for Proposals Table of Contents i.00 GENERAL INFORMATION 2.00 HOURS OF WORK 3.00 COLLECTION FROM PUBLIC SITES 4.00 SECURITY 5.00 PROVIDER CONTAINERS 6.00 TRASH SERVICE 7.00 RECYCLING SERVICE 8.00 REPORTING AND BILLING 9.00 CORRECTIVE ACTIONS io.00 APPLICABLE TAXES, FEES & SURCHARGES EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J RESIDENTIAL SOLID WASTE & RECYCLING COMMERCIAL SOLID WASTE & RECYCLING MUNICIPAL SOLID WASTE MUNICIPAL RECYCLING INSURANCE CONFIDENTIALITY OPTIONAL: SPECIAL COLLECTIONS AUDITS REPORTING COST & ACCOUNT DATA 1 Page 181 of 278 7-5 Old Business SCOPE OF SERVICES I. GENERAL INFORMATION: The City of Moab (City) is seeking proposals from qualified Service Providers to perform residential and commercial solid waste disposal and recycling for customers within the City as well as City buildings and facilities. The City currently contracts with a solid waste hauler for commercial and residential service within the City. An independent business currently provides recycling services to subscribers including the municipal government (Annual cost - $14,58o). The City seeks to combine those functions. Additionally the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13 % is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 50%. The City seeks to partner with a single entity (i.e., single company may bid with other entities i.e. subcontractors but must act as the managing point of contact) that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. All proposals must include both trash and recycling services at the unit prices listed in Exhibits (A-D & G) with a fee structure aimed at increasing diversion. Contractors must include bids for both subscription (opt -in) and mandatory recycling services. The City is paying over $3o,000 in landfill fees (Parks: io%; Water: 3 % ; Streets: 4 % and WRF: 83 % ), in addition to $ 25,416 of collection fees. The selected contractor should indicate strategies to lower those costs. Contractors that can provide special collection and drop off services (Exhibit G) are preferable. We do not consider the full potential for recycling to have been realized yet. The City is seeking to work closely with a Service Provider who is able to draw upon a range of skills and capabilities, including: recycling technical expertise; familiarity with industry best management practices; and, introduction of new waste reduction technologies and approaches. The Service Provider is requested to assist the City in developing and implementing a more integrated, comprehensive process of managing its waste stream which is characterized by accurate measurement, reporting, cost efficiencies, and innovation. To this end, a yearly audit must be performed in accordance with data inputs specified in Exhibit H. The City intends to allow the Service Provider to retain payments for all recyclable commodities included in the contract. II. WORK REQUIREMENTS: General Requirements: • The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from outdoor collection sites, commercial and residential, within the City based on the schedule agreed upon, as contracted by this procurement, and to meet future needs (see Exhibits A-J). The Service Provider will also provide refuse hauling and recycling services to specific City buildings and facilities. • Service Provider shall procure all licenses, pay all charges and fees, and give all notices 2 Page 182 of 278 7-5 Old Business necessary and incidental to the lawful fulfillment of the services to be provided. • Service Provider shall provide, once each quarter, all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City to begin a waste characterization baseline. • All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also be in compliance with all applicable codes and regulations. • Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work. • Service Provider will be held liable for damage resulting from negligence. Multiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future Contracts. • Service Provider shall designate a single point of contact (SPOC) with whom the City will work to handle all matters related to the contract. The contact person must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function. • When Service Provider's representative is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. • Service Provider shall give the City written notification of any change in account representation within two (2) calendar days of the change. • The City requires that Service Provider's SPOC meets with the City's Contract Administrator no less than every quarter to review operational performance issues. The City reserves the right to increase this to a monthly basis at their option in the event it is deemed warranted by the City Contract Administrator or Project Manager. Service Provider will provide minutes of these meetings to the City's Contract Administrator; to include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item's completion. During these meetings, Service Provider's SPOC will provide updates of any new recyclables opportunities the Service Provider has to offer. • Hours of Work: Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:oo p.m. and 7:00 a.m. if the facility is in, or adjacent to, a residential neighborhood. • Pick -Up Requirements: • `Pick-up" includes emptying trash and recycling containers. • Pick-up service must be regularly scheduled at the appropriate frequencies to prevent containers from overflowing. • Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. 3 Page 183 of 278 7-5 Old Business " S e r v i c e P r o v i d e r s h a l l p r o v i d e o n - c a l l o r e m e r g e n c y p i c k - u p s e r v i c e f o r a n y m a t e r i a l s r e q u e s t e d b y t h e C i t y w i t h i n 2 4 h o u r s . " T h e C i t y s h a l l h a v e t h e r i g h t t o v i s i t a n d i n s p e c t a n y d i s p o s a l o r r e c y c l i n g s i t e s o w n e d , o p e r a t e d o r u s e d b y t h e S e r v i c e P r o v i d e r . S e r v i c e P r o v i d e r ' s i m p r o p e r d u m p i n g o f m a t e r i a l s d e s i g n a t e d o n t h e C i t y ' s l i s t o f r e c y c l a b l e s m a y b e c a u s e f o r i m m e d i a t e c o n t r a c t c a n c e l l a t i o n , a n d p o s s i b l e p r o s e c u t i o n . " S e r v i c e P r o v i d e r s h a l l p e r f o r m i n a m a n n e r t h a t e l i m i n a t e s u n d u e n o i s e , s a f e t y h a z a r d s o r d a m a g e , a n d d o e s n o t c r e a t e u n s a n i t a r y o r u n s i g h t l y c o n d i t i o n s a t t h e p i c k - u p s i t e s o r C i t y f a c i l i t i e s a t l a r g e . " S e c u r i t y C l e a r a n c e a n d W o r k e r I d e n t i f i c a t i o n R e q u i r e m e n t s f o r C i t y F a c i l i t i e s : " P r i o r t o b e g i n n i n g w o r k u n d e r t h i s C o n t r a c t , a n y S e r v i c e P r o v i d e r e m p l o y e e s w h o w i l l w o r k o n t h i s C o n t r a c t m u s t o b t a i n a b a c k g r o u n d c l e a r a n c e u s i n g U t a h D a t a B a s e I n v e s t i g a t i o n s a n d / o r U t a h B u r e a u o f I n v e s t i g a t i o n s - C r i m e I n f o r m a t i o n C e n t e r . S e c u r i t y c l e a r a n c e r e q u i r e m e n t a p p l i e s i n p a r t i c u l a r t o : p e r s o n n e l t h a t h a n d l e s e c u r e d o c u m e n t s d e s t r u c t i o n s e r v i c e s ; a n d , p e r s o n n e l e n t e r i n g s e c u r e d a r e a s s u c h a s p o l i c e s e r v i c e s , t h e w a t e r t r e a t m e n t f a c i l i t y , t h e w a s t e w a t e r t r e a t m e n t f a c i l i t i e s , a n d t h e t r a s h a n d r e c y c l i n g p i c k u p a r e a a t C i t y H a l l . I t m a y b e e x t e n d e d a t t h e C i t y ' s d i s c r e t i o n t o a n y p e r s o n n e l w h o e n t e r C i t y p r e m i s e s i n t h e c o u r s e o f d u t i e s . 5 . I t e m s t o b e P r o v i d e d b y S e r v i c e P r o v i d e r : " T r a s h C o n t a i n e r s : S e r v i c e P r o v i d e r s h a l l a t m i n i m u m f u r n i s h f i x e d - h i n g e , c o v e r e d t r a s h c o n t a i n e r s , e . g . , D u m p s t e r s , i n g o o d c o n d i t i o n , w i t h a p p r o p r i a t e l o c k i n g d e v i c e s a s n e e d e d , o f t h e s i z e a n d q u a n t i t y r e q u i r e d f o r t h e c u b i c y a r d o r g a l l o n q u a n t i t y l i s t e d i n E x h i b i t A - D f o r n e w c u s t o m e r s , B i d S h e e t , T r a s h S e r v i c e s . " O t h e r e q u i p m e n t s u c h a s p o l y - c a r t c o n t a i n e r s o r c o m p a c t i n g b i n s m a y b e d e s i g n a t e d f o r t r a s h c o l l e c t i o n i n s o m e i n s t a n c e s . A l l c o n t a i n e r s m u s t b e a p p r o v e d b y t h e C i t y p r i o r t o p l a c e m e n t . " S e r v i c e P r o v i d e r s h a l l m a i n t a i n t r a s h c o n t a i n e r s i n c l e a n , s a n i t a r y a n d s e r v i c e a b l e c o n d i t i o n a t a l l t i m e s , a n d s h a l l w a s h a n d s a n i t i z e c o n t a i n e r s a s n e e d e d a n d u p o n r e q u e s t . " S e r v i c e P r o v i d e r s h a l l s u i t a b l y r e p a i r o r r e p l a c e a n y m a l o d o r o u s , v a n d a l i z e d o r d a m a g e d c o n t a i n e r s . C o r r e c t i v e a c t i o n i s t o b e t a k e n t o r e m e d y t h e s i t u a t i o n w i t h i n o n e ( 1 ) w e e k . " R o l l - O f f s : P e r i o d i c a l l y , " o n c a l l " r o l l - o f f b i n d e l i v e r i e s m a y b e r e q u e s t e d b y a u t h o r i z e d C i t y p e r s o n n e l f o r t r a s h r e m o v a l i n e x c e s s o f n o r m a l s u b s c r i p t i o n l e v e l s o f t r a s h s e r v i c e . S e r v i c e P r o v i d e r s h a l l f u r n i s h r o l l - o f f b i n s ( e . g . , 2 0 - o r 3 o - y d ) i n c l e a n , s e r v i c e a b l e c o n d i t i o n a n d w h i c h f e a t u r e w e a t h e r - r e s i s t a n t c o v e r s , f o r w a s t e c o l l e c t i o n . " R e c y c l i n g C o n t a i n e r s : S e r v i c e P r o v i d e r s h a l l a t m i n i m u m f u r n i s h o u t d o o r r e c y c l i n g c o n t a i n e r s e . g . , D u m p s t e r s , i n g o o d c o n d i t i o n , w i t h a p p r o p r i a t e l o c k i n g d e v i c e s a s n e e d e d , o f t h e s i z e a n d q u a n t i t y r e q u i r e d f o r t h e c u b i c y a r d o r g a l l o n q u a n t i t y l i s t e d i n o f t h e s i z e a n d q u a n t i t y l i s t e d i n E x h i b i t B - D , B i d S h e e t , R e c y c l i n g S e r v i c e s . A l l n e w a n d r e p l a c e m e n t r e c y c l i n g c o n t a i n e r s f o r C i t y f a c i l i t i e s , b u s i n e s s e s a n d r e s i d e n t s w i l l b e r o l l e d l i d d e d 9 6 g a l l o n c a p a c i t y . A d e p o s i t f e e s h o u l d b e t r a c k e d f o r n e w c o n t a i n e r s . " I n s i d e R e c y c l i n g C o n t a i n e r s : S e r v i c e P r o v i d e r i s t o p r o v i d e i n d o o r r e c y c l i n g c o n t a i n e r s e . g . , 9 6 - g a l l o n w h e e l e d p o l y - c a r t s w i t h f o r r e c y c l i n g c o l l e c t i o n i n b r e a k r o o m a r e a s . 4 P a g e 1 8 4 o f 2 7 8 7 - 5 O l d B u s i n e s s " A d d i t i o n a l l y , S e r v i c e P r o v i d e r s h a l l f u r n i s h a p p r o p r i a t e l y s i z e d c o n t a i n e r s u p o n r e q u e s t a s n e w o r e x p a n d e d r e c y c l i n g o p p o r t u n i t i e s d e v e l o p , m a t e r i a l c o l l e c t i o n s t r a t e g i e s c h a n g e , o r c h a n g e s i n s e r v i c e l e v e l s a r e n e e d e d . T h i s m a y i n c l u d e b u t i s n o t l i m i t e d t o : " D u m p s t e r s " , c a r d b o a r d c a g e s , p o l y - c a r t s o r c o m p a c t i n g r e c y c l i n g b i n s a s a p p r o v e d b y t h e C i t y . A t C i t y l o c a t i o n s w h e r e c o n f i d e n t i a l d o c u m e n t s a r e r o u t i n e l y c o l l e c t e d f o r s h r e d d i n g , t h e S e r v i c e P r o v i d e r w i l l p r o v i d e a p p r o p r i a t e s e c u r i t y , s u c h a s l o c k i n g c a b i n e t s o r w h e e l e d p o l y - c a r t s , i f r e q u e s t e d . " S i g n a g e : S e r v i c e P r o v i d e r s h a l l f u r n i s h s i g n a g e f o r t r a s h a n d r e c y c l i n g c o n t a i n e r s a s p r o v i d e d f o r u s e i n o u t d o o r c o l l e c t i o n s i t e s . A t a m i n i m u m , s i g n a g e s h o u l d c l e a r l y i d e n t i f y i t e m s a c c e p t e d ( f o r r e c y c l i n g b i n s ) , l a b e l i n g a n d o t h e r m e a n s s u c h a s c o l o r - c o d e d c o n t a i n e r l i d s f o r t r a s h a n d r e c y c l i n g b i n s w h i c h c l e a r l y d i f f e r e n t i a t e s t h e m f r o m o n e a n o t h e r , a n d c o n t a i n c o n t a c t i n f o r m a t i o n f o r t h e S e r v i c e P r o v i d e r . 6 . T r a s h S e r v i c e : " S e r v i c e P r o v i d e r s h a l l p i c k u p r e f u s e f r o m m u n i c i p a l , r e s i d e n t i a l a n d c o m m e r c i a l b i n l o c a t i o n s s h o w n o n E x h i b i t A - D , B i d S h e e t s , T r a s h S e r v i c e s f o r d i s p o s a l . " T y p e s o f w a s t e t h a t w i l l n o t b e c o l l e c t e d u n d e r t h i s b i d i n c l u d e : h a z a r d o u s w a s t e s , l i g h t b u l b s , b a t t e r i e s , s u r p l u s s c r a p m e t a l s , a p p l i a n c e s , r e f r i g e r a t o r s , a n d e l e c t r o n i c w a s t e ( c o m p u t e r s a n d e l e c t r o n i c e q u i p m e n t ) . A s e p a r a t e a m e n d m e n t m a y b e p r e p a r e d f o r h a z a r d o u s w a s t e a n d / o r o r g a n i c s . " S e r v i c e P r o v i d e r s h a l l r e p o r t t o t h e C i t y o n a q u a r t e r l y b a s i s o n t r a s h v o l u m e s p i c k e d u p a t e a c h C i t y b u i l d i n g l o c a t i o n . " S e r v i c e P r o v i d e r s h a l l p r o v i d e t h e c o s t f o r p u r c h a s e a n d c o l l e c t i o n o f f i v e s o l a r B i g B e l l i e s . 7 . R e c y c l i n g S e r v i c e : " S e r v i c e P r o v i d e r s h a l l p i c k u p r e c y c l i n g f r o m m u n i c i p a l , r e s i d e n t i a l a n d c o m m e r c i a l b i n l o c a t i o n s s h o w n o n E x h i b i t B - D B i d S h e e t s , R e c y c l i n g S e r v i c e s o f m a t e r i a l s a c c e p t e d a t M a t e r i a l R e c o v e r y F a c i l i t i e s ( M R F ) . " T h e D e s i g n a t e d L i s t o f r e c y c l a b l e s w h i c h , a t a m i n i m u m , w i l l b e c o l l e c t e d i n c l u d e s : c l e a r a n d c o l o r e d g l a s s b o t t l e s a n d j a r s , t i n a n d a l u m i n u m c a n s , p l a s t i c c o n t a i n e r s # 1 - 7 , m i x e d p a p e r , p a p e r b o a r d , a n d c o r r u g a t e d c a r d b o a r d . " T h e C i t y d e s i r e s f o r t h e S e r v i c e P r o v i d e r t o i n t r o d u c e o p p o r t u n i t i e s t o r e c y c l e o t h e r m a t e r i a l s i n c l u d e d b y n o t l i m i t e d t o : p a c k a g i n g m a t e r i a l s s u c h a s s h r i n k - w r a p p l a s t i c , p l a s t i c s t r a p p i n g , a n d S t y r o f o a m ; f o o d w a s t e a n d o t h e r c o m p o s t a b l e m a t e r i a l s ; d i m e n s i o n a l l u m b e r a n d o t h e r w o o d s c r a p s ; d e c o n s t r u c t i o n w a s t e s u c h a s w i n d o w g l a s s a n d d r y - w a l l ; a n d u s e d s u r p l u s o f f i c e f u r n i t u r e . " T h e C i t y m a y r e q u i r e t h e S e r v i c e P r o v i d e r t o c o l l e c t c o n f i d e n t i a l d o c u m e n t s f o r d e s t r u c t i o n a n d r e c y c l i n g . S h r e d d i n g s e c u r i t y i s m a i n t a i n e d t h r o u g h t h e u s e o f l o c k e d c o n t a i n e r s a t t h e p o i n t o f c o l l e c t i o n a n d m a i n t a i n e d i n l o c k e d s t o r a g e c o n t a i n e r s t h r o u g h f i n a l p r o c e s s i n g a n d d e s t r u c t i o n . " S e r v i c e P r o v i d e r s h a l l a d v i s e t h e C i t y o f o p p o r t u n i t i e s t o u t i l i z e z e r o - w a s t e t e n t s / b i n s f o r s p e c i a l e v e n t s , e t c . 5 P a g e 1 8 5 o f 2 7 8 7 - 5 O l d B u s i n e s s " S e r v i c e P r o v i d e r m a y k e e p a l l s u m s r e c e i v e d f r o m t h e s a l e s o f m a t e r i a l s c o l l e c t e d f o r r e c y c l i n g , a n d s h a l l r e p o r t t o t h e C i t y o n a y e a r l y b a s i s : a m o u n t s o f p a y m e n t s r e c e i v e d f o r e a c h r e c y c l a b l e c o m m o d i t y , a n d , p r o c e s s i n g p l a n t s o r b r o k e r a g e a g e n c i e s f r o m w h i c h p a y m e n t s a r e r e c e i v e d . " S e r v i c e P r o v i d e r s h a l l p r o v i d e t h e c o s t f o r p u r c h a s e a n d c o l l e c t i o n o f f i v e s o l a r B i g B e l l i e s . 8 . R e p o r t i n g a n d B i l l i n g R e q u i r e m e n t s : T h e C i t y r e q u i r e s a c c u r a t e m e a s u r e m e n t s o f t r a s h ( l a n d f i l l ) m a t e r i a l a n d r e c y c l a b l e m a t e r i a l c o l l e c t e d f r o m m u n i c i p a l l o c a t i o n s t o b e t a k e n , a n d r e p o r t e d , o n a q u a r t e r l y b a s i s . S e r v i c e P r o v i d e r s h a l l p r o v i d e t o t h e C i t y a n n u a l l y a n a v e r a g e w e i g h t p e r y a r d f o r m u n i c i p a l f o r t r a s h a n d r e c y c l i n g , i n o r d e r t o v e r i f y t h a t a n a c c u r a t e c o n v e r s i o n f a c t o r w a s g e n e r a t e d b y t h e c o n t r a c t o r . S u c h a n n u a l r e p o r t s h a l l b e p r o v i d e d t o t h e C i t y ' s d e s i g n a t e d r e p r e s e n t a t i v e b y J a n u a r y 3 o t h o f e a c h y e a r . T h e C i t y r e q u i r e s t h a t a l l m a t e r i a l c o l l e c t e d f o r r e c y c l i n g m u s t b e r e p o r t e d i n w e i g h t s ; t h e w e i g h t s o f e a c h d e s i g n a t e d m a t e r i a l m u s t b e r e p o r t e d i n d i v i d u a l l y . S e e E x h i b i t G f o r s a m p l e t e m p l a t e . " T h e V o l u m e s R e p o r t m u s t b e s u b m i t t e d i n a m u t u a l l y a g r e e d u p o n e l e c t r o n i c f o r m , s u c h a s E x c e l a n n u a l l y t o t h e C i t y ' s d e s i g n a t e d r e p r e s e n t a t i v e . T h e V o l u m e s R e p o r t s h a l l a l s o r e f l e c t m o n t h l y c h a r g e s p e r a c c o u n t a n d p r o v i d e t h e u n d e r l y i n g c a l c u l a t i o n s f o r t h e c o n v e r s i o n f a c t o r f r o m v o l u m e s t o w e i g h t s . " S e r v i c e P r o v i d e r m u s t p r o v i d e a m o n t h l y E x c e p t i o n s R e p o r t t o t h e C i t y ' s d e s i g n a t e d C o n t r a c t A d m i n i s t r a t o r n o l a t e r t h a n t h e f i f t e e n t h ( 1 5 t h ) o f t h e m o n t h ( f o r t h e p r e c e d i n g m o n t h ' s d a t a ) . T h e E x c e p t i o n s R e p o r t s h a l l l i s t , b y d e p a r t m e n t a n d l o c a t i o n , a n y e x t r a s e r v i c e r e q u e s t s f o r t r a s h r e m o v a l a n d / o r r e c y c l i n g b e y o n d t h e n o r m a l s e r v i c e l e v e l t o w h i c h t h a t d e p a r t m e n t o r l o c a t i o n s u b s c r i b e s . " S e r v i c e P r o v i d e r s h a l l p r o v i d e a s i n g l e m o n t h l y b i l l i n g s t a t e m e n t t o t h e C i t y T r e a s u r e r t h a t i t e m i z e s s e r v i c e f e e s f o r e a c h c o l l e c t i o n l o c a t i o n ' s n o r m a l " s u b s c r i p t i o n " s e r v i c e l e v e l , l i s t e d b y t h e a p p r o p r i a t e l o c a t i o n a n d n u m b e r . " I n a d d i t i o n , S e r v i c e P r o v i d e r w i l l p r o v i d e a s e p a r a t e , i t e m i z e d b i l l t o t h e T r e a s u r e r f o r a n y e x t r a s e r v i c e s r e n d e r e d , b y C i t y d e p a r t m e n t a n d l o c a t i o n . " A l l p a y m e n t s w i l l b e m a d e b y t h e C i t y o n a N e t 3 o d a y s b a s i s f r o m t h e d a t e o f t h e i n v o i c e . S e r v i c e P r o v i d e r s h a l l p r o v i d e a s i n g l e m o n t h l y b i l l i n g s t a t e m e n t t o t h e C i t y T r e a s u r e r t h a t i t e m i z e s s e r v i c e f e e s f o r r e s i d e n t s a n d b u s i n e s s e s . " T h e C i t y r e s e r v e s t h e r i g h t t o w i t h h o l d o r d e d u c t p a y m e n t f o r m i s s e d o r s k i p p e d p i c k u p s . " A l l p r i c e s a r e t o b e f i r m f i x e d p r i c e s , i n c l u s i v e o f a l l a p p l i c a b l e t a x e s , f e e s , s u r c h a r g e s , e t c . N O a d d i t i o n a l c h a r g e s o r f e e s ( a d m i n i s t r a t i v e , e n v i r o n m e n t a l , l a t e c h a r g e s , f u e l s u r c h a r g e s , e t c . ) w i l l b e a l l o w e d . R a t e c h a n g e s m u s t b e a p p r o v e d b y t h e C i t y C o u n c i l u p o n a s h o w i n g o f g o o d c a u s e , a s p r o v i d e d i n t h e c o n t r a c t d o c u m e n t s . T h e C i t y m a y d e d u c t a f e e o f u p t o s e v e n p e r c e n t ( 7 % ) o f t h e t o t a l p a y a b l e t o t h e S e r v i c e P r o v i d e r t o c o v e r C i t y e x p e n s e s f o r c u s t o m e r s e r v i c e , b i l l i n g s e r v i c e s , a n d a d m i n i s t r a t i o n ( t h e c u r r e n t f e e i s 5 % ) . 9 . R e s o u r c e M a n a g e m e n t S e r v i c e s : 6 P a g e 1 8 6 o f 2 7 8 1 - - - - 7 - 5 O l d B u s i n e s s " S e r v i c e P r o v i d e r s h a l l g e n e r a t e a n d s u b m i t b y t h e 1 5 t h o f e a c h m o n t h a s r e q u i r e d a r e p o r t t o t h e C i t y C o n t r a c t A d m i n i s t r a t o r w h e n e v e r t h e f o l l o w i n g c o n d i t i o n s a r e e n c o u n t e r e d . C o r r e c t i v e a c t i o n i s t o b e t a k e n t o r e m e d y t h e s i t u a t i o n w i t h i n o n e ( 1 ) w e e k f r o m t h e d a t e t h e c o n d i t i o n i s i d e n t i f i e d : " B r o k e n o r t a g g e d b i n s a n d s e r v i c e c o m p l a i n t s " M i s s e d p i c k u p s . I f t h e s e a r e c a u s e d b y a c o n d i t i o n o n s i t e s u c h a s s n o w a n d i c e b u i l d u p o r b l o c k e d a c c e s s , a p h o t o o f t h e c o n d i t i o n i s t o b e i n c l u d e d w i t h t h e r e p o r t t o t h e C i t y C o n t r a c t A d m i n i s t r a t o r . " O v e r f l o w i n g o r u n d e r u t i l i z e d b i n s : O n e - t i m e i s s u e s w i l l n o t b e r e p o r t e d . I f t h e c o n d i t i o n r e c u r s o n a c o n s i s t e n t b a s i s , a p h o t o o f t h e c o n d i t i o n i s t o b e i n c l u d e d w i t h t h e r e p o r t t o t h e C i t y C o n t r a c t A d m i n i s t r a t o r . " S e r v i c e P r o v i d e r w i l l w o r k c o l l a b o r a t i v e l y w i t h t h e C i t y t o i d e n t i f y o p p o r t u n i t i e s t o r e a c h i t s r e c y c l i n g a n d w a s t e r e d u c t i o n g o a l s , a n d t o r e n d e r c o s t e f f i c i e n c i e s / s a v i n g s t o t h e C i t y , f o r e x a m p l e , t o d o w n - s i z e t r a s h a t s p e c i f i c l o c a t i o n s w h e n a s m a l l e r s i z e b i n w i l l p r o v i d e s u f f i c i e n t c a p a c i t y , o r t o r e d u c e t h e f r e q u e n c y o f c o l l e c t i o n . S e r v i c e P r o v i d e r w i l l a t m i n i m u m r e v i e w e x i s t i n g m u n i c i p a l p r a c t i c e s a n d p r e p a r e a s u m m a r y r e p o r t d e t a i l i n g o b s e r v a t i o n s , r e c o m m e n d a t i o n s a n d o p p o r t u n i t i e s f o r i m p r o v e m e n t o n a n a n n u a l b a s i s . S u c h r e p o r t s h a l l b e s u b m i t t e d t o t h e C o n t r a c t A d m i n i s t r a t o r b y J a n u a r y 3 o t h o f e a c h y e a r . " S e r v i c e P r o v i d e r s h a l l i d e n t i f y a n y s o r t i n g a n d c o n t a m i n a t i o n i s s u e s a n d p r o v i d e p r o m p t f e e d b a c k t o t h e C i t y o n r e p o r t e d c o n t a m i n a t i o n i s s u e s , b y d e p a r t m e n t a n d / o r l o c a t i o n , t o t h e C o n t r a c t A d m i n i s t r a t o r . " S e r v i c e P r o v i d e r s h a l l i n s t r u c t i t s d r i v e r s t o m o n i t o r c o n t a i n e r u t i l i z a t i o n l e v e l s f o r t r a s h a n d r e c y c l i n g s o t h a t t h e C i t y r e c e i v e s m a x i m u m u s e a n d s e r v i c e s o f e a c h c o n t a i n e r , a n d r e p o r t t o t h e C i t y C o n t r a c t A d m i n i s t r a t o r w h e n a d j u s t m e n t s i n b i n s i z e , b i n q u a n t i t y , a n d / o r p i c k u p f r e q u e n c y n e e d t o b e m a d e . " A u d i t s : A t l e a s t o n e o n - s i t e a u d i t s o f t r a s h a n d r e c y c l i n g w i l l b e p e r f o r m e d e a c h y e a r o f t h e A g r e e m e n t b y t h e S e r v i c e P r o v i d e r , a t a s i t e t o b e s e l e c t e d b y t h e C i t y ' s P r o j e c t M a n a g e r , p e r t h e p r o t o c o l f o r A u d i t s p r o v i d e d b y t h e C i t y ( s e e E x h i b i t H ) . " T r a i n i n g : T h e S e r v i c e P r o v i d e r s h a l l p r o v i d e t r a i n i n g o n s u s t a i n a b i l i t y p r a c t i c e s a s r e a s o n a b l y r e q u e s t e d b y t h e C i t y . " A p p l i c a b l e T a x e s , F e e s & S u r c h a r g e s : " T h e C i t y i s a w a r d i n g a r e n e w a b l e c o n t r a c t , w i t h o p t i o n t o r e n e w f o r u p t o t w o t i m e s ( m a x i m u m l e n g t h f i f t e e n y e a r s t o t a l ) . A l l p r i c e s a r e t o b e f i r m f i x e d p r i c e s , i n c l u s i v e o f a l l a p p l i c a b l e t a x e s , f e e s , s u r c h a r g e s , e t c . N o a d d i t i o n a l c h a r g e s o r f e e s ( a d m i n i s t r a t i v e , e n v i r o n m e n t a l , l a t e c h a r g e s , f u e l s u r c h a r g e s , e t c . ) w i l l b e a l l o w e d . w i t h o u t p r i o r a p p r o v a l o f t h e C i t y f o r n e c e s s a r y r a t e a d j u s t m e n t s . A d j u s t m e n t s w i l l n e e d t o b e j u s t i f i e d b a s e d u p o n d o c u m e n t e d i n c r e a s e s i n t r a n s p o r t a t i o n , m a r k e t a n d / o r l a n d f i l l t i p p i n g f e e p r i c i n g . T h e i n i t i a l t e r m o f t h e c o n t r a c t s h a l l b e f r o m F e b r u a r y 1 , 2 0 1 9 t o J a n u a r y 3 1 , 2 o 2 4 . T h e C i t y m a y , i n i t s d i s c r e t i o n , e x t e n d t h e c o n t r a c t f o r u p t o t w o a d d i t i o n a l t e r m s o f f i v e y e a r s e a c h . D e c i s i o n s t o r e n e w o r e x t e n d t h e c o n t r a c t m a y b e s u b j e c t t o i n p u t a s t o c u s t o m e r s a t i s f a c t i o n ( i . e . r e s i d e n t i a l a n d c o m m e r c i a l s u r v e y ) a n d t h e c o n t r a c t o r ' s a b i l i t y t o i n c r e a s e d i v e r s i o n r a t e s a n d l o w e r c a r b o n i m p a c t s . T h e t r a n s i t i o n p e r i o d b e t w e e n c o n t r a c t s w i l l b e a p p r o x i m a t e l y 4 - 6 7 P a g e 1 8 7 o f 2 7 8 7 - 5 O l d B u s i n e s s weeks. All containers previously purchased by the City will need to be inventoried and returned to customers. The new contractor may negotiate with the City to purchase existing bins All terms of service shall be confirmed in a written contract reviewed and approved by the City. The City reserves the right to waive any error or irregularity in submittals. Non -responsive submittals may be rejected. The Contract will be awarded to the party who, in the judgment of the City, offers the proposal that most closely conforms to the specifications and requirements in this document. The City may elect to reject all proposals, or it may request that parties clarify their proposals, if necessary. Proposals must include the address, telephone number, email address, and website address for each submitter. The proposal must identify the key persons in the management group who will be responsible for performance of the contract, as well as the point of contact for future communications. Persons having questions about this request for proposals may submit them to through the City's online bid service. Proposals must be delivered via first class mail, courier, or hand delivery no later than 3:oo p.m. (Mountain Time) on October 19, 2018 to: City of Moab 217 East Center Street Moab, UT 84532 Attention: Rachel Stenta Please mark your proposal: Solid Waste Collection Proposal 8 Page 188 of 278 7-5 Old Business EXHIBIT A - RESIDENTIAL SERVICES Residential Solid Waste Container Size Base fee Additional on - call pickup 55 65 96 Bag & Tag Residential Recycling (opt in) Frequency Base Fee Additional on - call pickup ix week ix every two weeks ix month Bag & Tag Residential Recycling (mandatory) Frequency Base Fee Additional on - call pickup ix week ix every two weeks ix month Bag & Tag 9 Page 189 of 278 7-5 Old Business EXHIBIT B — COMMERCIAL SERVICES Commercial Solid Waste Bid Sheet Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent) ix 2x 3x 2 yd ix 2x 3x 4Yd ix 2x 3x 6yd ix 2x 3x 5 Big Bellies 15 yard (Wastewater) as needed n/a 20 yard Open Top as needed n/a 34 yard compactor as needed n/a Commercial Recycling (opt in) Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent) ix 2x 3x 2 yd ix 2x 3x 4Yd ix 2x 3x 6yd ix 2x 3x 5 Big Bellies 10 Page 190 of 278 7-5 Old Business Commercial Recycling (mandatory) Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent) ix 2x 3x 2 yd ix 2x 3x 437d ix 2x 3x 6yd ix 2x 3x 11 Page 191 of 278 7-5 Old Business EXHIBIT C — MUNICIPAL SOLID WASTE COLLECTION Municipal Solid Waste Bid Sheet Facility Name Location Bin Size # Bins Collection Frequency Month ly Cost Schedule Art Center (MARC) 111 E 100 N 96 1.00 2 X 52 Ball Fields 200 E Center 96 2.00 2 x week May - Sept 1 x week Oct -April City Gym Center 96 1.00 i/month 52 City Hall 21'7 E Center Ave 2 cyd 1.00 1 x week 52 Facilities - Shop 470 Kane Creek Blvd 2 cyd 1.00 2x week 52 Old City Park 2882E Pad City rk a 96 3.00 3 x in season May - Sept 1 x off season Oct - April Pool (MRAC) 181 W 400 N 96 1.00 ix week 52 Rotary Park 680 Millcreek Blvd 3.00 3 x in season May - Sept 96 1x off season Oct - April Swanny City Park 181 W 400 North 96 3.00 3xin season May - Sept 1x off season Oct - April *option larger carts and less frequent collectio ns and on -call service. EXHIBIT D - MUNICIPAL RECYCLING LOCATIONS 12 Page 192 of 278 7-5 Old Business Municipal Recycling Proposed Service Facili ty Name Location Bin Siz e # Bin s Collectio n Frequen cy Monthly Cost Weekly Schedule Art Center (MARC) 111E 100 N 96 1 Every Other Week 26 Ball Fields 200 E Center 96 4 Every Other Week 26 CitY Hall 217 E Center Ave 30/ 55 4 Every Other Week 26 Old City Park 2882 E Old City Park Rd 96 2 Every Other Week 26 Pool (MRAC) 181 W 4th N 96 1 Every Other Week 26 Rec Path 2055 Elk Cir 96 6 Every Other Week 26 Rotary Park 680 Millcree k Blvd 96 2 Every Other Week 26 Swanny City Park 181 W 4th North 96 10 Every Other Week 26 Downto wn Hwy 191 20 14 Every Other Week 26 Lions Park Hwy 191 96 2 Every Other Week 26 Totals 13 Page 193 of 278 7-5 Old Business EXHIBIT E- INSURANCE REQUIREMENTS For the duration of the Agreement the Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated below and pay all premiums. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled, except after thirty (3o) days written notice has been received by the City of Moab." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: Workers' Compensation insurance with statutory limits as required by Utah law. Commercial General Liability and Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. The amount of insurance for each coverage, Commercial General Liability and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. EXHIBIT F CONFIDENTIALITY In connection with services provided to the City of Moab (the "City") pursuant to this Agreement 14 Page 194 of 278 7-5 Old Business (the "Agreement"), the Service Provider hereby acknowledges that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City in writing. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City in writing. he Service Provider agrees that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation, or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure request under (b) above, the Service Provider shall furnish a copy of the request to the City prior to any disclosure. All document disposal, shredding, or similar services provided by Service Provider shall be performed in such a manner that all confidential information is destroyed or rendered unreadable. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described above, including all electronic copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. 15 Page 195 of 278 7-5 Old Business EXHIBIT G — ADDITIONAL SERVICES Special Collection Services and Drop Off Frequency Fee (Based on Drop Off Fee Plus Premium) Gallons/YD/Size Household Hazardous Waste Collection Drop - Off Center: Organics - Food Waste Grass / Leaves / Brush / Weeds / Yard Debris / Small Branches / Limbs Pallets - Reusable Condition (Wood or Plastic) Mattress -or- Box Springs — T/F/Q/K Electronic Waste (Computer, Phone) TV - Small/Large - 36" Appliances - Clothes Dryer - Washing Machine - Stove - Dish Washer Hot Water Heater - All Sizes Arm Chair / Recliner / Love Seat / Futon Sofa Large Dresser - Tables - Chairs - Misc Small Furniture - Sink — Toilet Tires Scrap Steel — Metal Refrigerator / Freezer / AC Unit (Any unit that needs Freon Removed) Animal Carcass C and D Debris - Heavy Material (Wood - Sheetrock - Construction Debris) Non -Compacted Household Trash (MSW) Compacted (MSW) - Rear Load - Front Load - Side Load — Compactors Cardboard EXHIBIT H - PROPOSED PROTOCOL FOR AUDITS OF WASTE 16 Page 196 of 278 7-5 Old Business STREAM The City aspires to be the leader in the community in moving towards Zero Waste through its own initiatives in waste reduction and recycling. Auditing -- in other words, evaluating the contents of trash collection containers and recycling bins -- provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City will work with its contracted vendor to implement audits using the following specifications: 1. Schedule trash and recycling audits of at least one municipal and commercial building per year • Locations to be agreed upon in advance between City and vendor. • Vendor will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. 2. Trash audits will be used to determine how much recyclable material is being inappropriately discarded. 3. Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling bins, which creates "contamination" that reduces the value of the recyclables. 4. The following categories of materials found during audits will be evaluated: • recyclables • compostables • high volume hard -to -recycle items • trash 5. Containers will be emptied onto tarps laid on the ground for the purpose of auditing. • contents may need to be manually spread out for better evaluation • contents will be quantified with verbal descriptions and general percentages of the overall sample • digital photos will be taken to aid with reporting and assessment • upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date 6. A final report will be submitted within four weeks after the audit by the vendor, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. 17 Page 197 of 278 7-5 Old Business EXHIBIT I - REPORTING Tonnage Summary Worksheet SECTION A - Recyclable Materials Collected TOTAL TONS 1. Curbside Recycling Collection Single -stream o.00 Paper Mix (ONP, OMX,etc) 0.00 0.00 Curbside Total: 0.00 2. Multifamily and Commercial Recycling Single -stream o.00 Paper Mix (ONP, OMX, etc) o.00 Corrugated Cardboard 0.00 0.00 Comm Total: 0.00 3. Drop-off Systems (e.g., grocery stores) Paper Mix (ONP, OMX, etc.) o.00 Corrugated cardboard 0.00 Commingled containers o.00 Drop-off System Total: 0.00 TOTAL TONS 0.00 4. Yard and Wood Wastes (Cubic Yards) Yard Wastes (Residential) o Yard wastes (Commercial) o Construction and Demolition o Total cubic yards: o TOTAL TONS Section B - Number of recycling customers on Dec 31, 24319: 1. Residential o 2. Multi -family o 3. Commercial o Total rec customers: o 4. # of drop-off sites o 18 Page 198 of 278 7-5 Old Business SECTION C - Cubic Yards of Solid Waste Collected Total Cubic Yards Compacted (Residential) Compacted (Commercial) Roll -off Compacted MSW Roll -off Loose MSW 19 Page 199 of 278 7-5 Old Business Exhibit J - COST & ACCOUNT DATA RESIDENTIAL & COMMERCIAL TRASH ACCOUNTS - SECTOR 2o18 Apartments 21 Commercial 312 Condos 17 Institutional 46 Motels 1�4 Residential Multi -Family 14 Single Residential 1691 Trailers ii Total 2236 20 Page 200 of 278 7-5 Old Business RESIDENTIAL TRASH COSTS *2009 Container Size MONTHLY 95 GAL 16 ADDITIONAL 95 GAL 22 3RD 95 GAL 28 CENTRALIZED COLLECTION - - PER RESIDENT REGARDLESS OF CONTAINER SIZE 15 COMMERCIAL TRASH COSTS '2009 1 X week 2X week 3X week 4X week 5X week 6X week 7X week 2 CUBIC YARDS 48 86 122 156 187 201 223 (2) 2 CUBIC YARDS 96 172 244 312 374 402 446 (3) 2 CUBIC YARDS 144 258 366 468 561 603 669 _ RESIDENTIAL TRASH ACCOUNTS "1999 1 CAN (as of January 1999, will increase during summer months) 1,572 2 CANS 70 3 CANS 2 COMMERCIAL TRASH ACCOUNTS '1999 1Xweek 2Xweek 3Xweek 4Xweek 5Xweek 6Xweek 7Xweek 95 GAL 84 0 0 0 0 0 0 300 GAL — 1 CAN 60 41 25 3 3 4 16 300 GAL — 2 CANS 4 2 4 1 3 2 7 300 GAL— 3 CANS 3 1 0 0 1 0 8 300 GAL —4 CANS 0 0 2 0 1 8 2 This data is provided for informational purposes and serves only as estimates. 21 Page 201 of 278 7-5 Old Business Moab City Council Agenda Item Meeting Date: November 13, 2m8 Title: Community Reinvestment Area Project Area Plan Date Submitted: October 4, 2018 Presenters: David Everitt Attachments: • Draft resolution • Draft Project Area Plan • Proposed timeline Possible Motion: I move to approve Ordinance 2m8-21, an Ordinance Adopting the Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area. Background/Summary: Grand County created a Community Reinvestment Agency ("Agency") to administer funds derived from the Community Reinvestment Area ("CRA") associated with the future Utah State University -Moab campus. On September 25, 2m8, the City Council authorized the Agency to administer the CRA within City Limits. The Agency and the Grand County Council adopted the attached version of the Project Area Plan on October 2, 2018. The proposed Project Plan includes: - An acknowledgment that the Project Area is established principally to benefit the future USU Moab Campus (Sections 9 and 11) - Standards for development within the Project Area, including the potential for the Agency to enter into contracts regarding specific developments for enhanced standards. Regardless, City standards, processes, and regulations all continue to apply if a development is within City limits. (Section 5) - Goals of the Project Area. This is where the Plan explains how uses of Project Area funds will be spent. (Section 6) There are four broad areas: - Development of moderate -income and essential workforce housing; - Establishment of new business; - Development of USU Campus and other facilities supporting higher education; and - Public infrastructure improvements. 1 Page 202 of 278 8-2 New Business This version of the Plan incorporates some of the suggested revisions from Councilmembers to date: - Imposing a deed restriction related to CRA-funded housing projects; - Allowing for Agency funds to be used to pay down the City -County debt service for the Millcreek West infrastructure project CIB loan; and - Referencing the City General plan as a guiding document. Note that this document does not articulate a financial commitment by the City at this time. 2 Page 203 of 278 8-2 New Business CITY OF MOAB ORDINANCE NO. 2018-21 AN ORDINANCE ADOPTING THE COMMUNITY REINVESTMENT PROJECT AREA PLAN FOR THE SOUTH MOAB COMMUNITY REINVESTMENT PROJECT AREA The following findings describe the intent and purpose of this ordinance: a. The Grand County Community Reinvestment Agency (the "Agency"), having prepared a Project Area Plan (the "Plan") for the South Moab Community Reinvestment Project Area pursuant to Utah Code Annotated ("UCA") § 17C-5, and having held the required public hearing on the Plan pursuant to UCA § 17C-5-104, has adopted the Plan as the Official Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area (the "Project Area"); and b. The Project Area includes portions of unincorporated Grand County and portions of the City of Moab ("City"); and c. The City entered into an interlocal agreement with the Agency allowing the Agency to undertake project development activities within the City in accordance with UCA § 17C-1-204(1); and d. The City will also adopt the Project Plan in order to facilitate clear expectations to landowners, developers, and the public. Therefore, the Moab City Council adopts and designates the South Moab Community Reinvestment Project Area Plan, as approved by the Agency, as the Official Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area (the "Official Plan"). PASSED AND ADOPTED by action of the Moab City Council on this 9th day of October, 2018. SIGNED: ATTEST: Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 204 of 278 8-2 New Business CRA Timeline (revised 2018-08-09) Date Responsibility ASAP Prepare map and legal description of project area Agency December 5, 2017 Adopt survey area resolution(1)designating proposed Project Area and preparation of Project Area Plan (and iiydget). Smith Hartvigsen will draft and provide the resolution for adoption. agency ONGOING [Prepare draft project Plan and Budget ZBPF ASAP Compile list of property owners within the Project Area ZBPF Begin anytime and complete ASAP Negotiate and draft lnterlocal Agreements with participating taxing entities. Joint Before August 17, 2018 Review and finalize draft Plan and Budget Joint August 17, 2018 Smith Hartvigsen will mail at least 30 days beforethe hearing to each record owner of property within the proposed Project Area(asshown in county recorder records obtained no more than 30 days prior to mailing), the State Tax Commission the County Assessor, the County Auditor, State Board of Education, and each taxing entity SH August 17, 2018 Make draft Plan and Budget available for review at Agency offices Agency August 28, 2015 Moab City approves interlocal agreement authorizing the Grand County Redevelopment Agency to conduct project area development activities within Moab city limits (per §17C-1-204) Joint Before August 31, 2018 (send to newspaper on August 17) Publish:Notice of Plan hearing and Budget hearing (at least 14 days before hearing). SmithSH Hartvigsen will submit notice to newspaper by publication deadline September 18, 2018 Approve interlocal with Moab City authorizing the Agency to do project area development in Moab city limits. Combined Public Hearing to allow public comment, to receive all written and hear all oral objections on the draft Project Area Plan and Project Area Budget Agency Resolutions(prepared by Smith Hartvigsen): a. Resolution Adopting the Draft Project Area Plan asthe Official Project Area Plan. b. Resolution Adopting the Draft Project Area Budget as the Official Project Area Budget. POSSIBLE: Resolution approving the interlocal agreements with taxing entities (tentative) Joint September 18, 2015 COUNTY COUNCIL MEETING Ordinance (prepared by Smith Hartvigsen) adopting the Plan, and calling for publication of the ordinance (or a summary) with a statement that the Plan is available for public inspection. POSSIBLE: Resolution approving interlocal agreement with Agency Joint September 25, 2018 MOAB CITY COUNCIL MEETING Ordinance (prepared by Smith Hartvigsen) adopting the Plan, and calling for publication of the ordinance (or a summary) with a statement that the Plan is available for public inspection. POSSIBLE: Resolution approving interlocal agreement with Agency Joint ASAP after Agency/Council meeting (no later than October 18) The Agency records with the County Recorder a document (prepared by Smith Hartvigsen) containing: A description of the land within the project area, A statement that the project area plan for the project area has been adopted, and the date of adoption. SH ASAP after Agency/Council meeting (no later than October 18) The Agency (completed by Smith Hartvigsen) transmits to the Automated Geographic Reference Center: A copy of the project area description, and An accurate map or plat of the project area boundaries, SH ASAP after Agency/Council meeting (no later than October 18) The Agency (completed by Smith Hartvigsen) also transmits a copy of the project area description, a copy of the ordinance adopting the plan, and an accurate map or plat of the project area boundaries, to each of the following: the County Auditor, the County Recorder, the County Attorney, the County Surveyor, the County Assessor, the State Tax Council, the State Board of Education, and each taxing entity. SH ASAP after Agency/Council meeting (no later than October 18) Within 30 days after the day on which an Agency adopts community reinvestment project area budget, the agency shall file[ a copy of the community reinvestment project area budget with: (1) the State Tax Commission; (2) the State Board of Education; (3) the state auditor; (4) the auditor of the county in which the community reinvestment project area is located; and (5) each taxing entity affected bythe agency's collection of project area funds under the community reinvestment project area budget. SH Immediately after Agency/Council meeting The Agency publishes a Statement that the Ordinance Adopting Plan was passed and the Plan is available for general public inspection during the regular business hours. Publication triggers the beginning of the 30-day contestability period. SH TBD lnterlocal approvals by taxing entities Agency TBD Agency approval of interlocals Agency No later than 30days after interlocal agreement(s)fully executed The Agency also transmits (completed by SH) a copy of the adopted lnterlocal Agreements (with approving Resolutions) to eachofthefollowing: the County Auditor, the State Auditor, the State Board of Education, the State Tax Council, and each taxing entity. SH No later than 30 days after interlocal agreement(s)fully executed The Agency publishes joint notices of each interlocal agreement on the Public Notice Website and in the newspaper. SH ASAP after interlocal agreement(s)fully executed Smith Hartvigsen completes attorney certification for each interlocal agreement SH Begin anytime and complete ASAP Negotiate and draft participation a regiments ifa applicable) g P P g () ( PP page 205 of 278 JOINT TBD Review & Closeout project record SH 8-2 New Business Grand County Community Reinvestment Agency Moab South Community Reinvestment Project Area FINAL Project Area Plan October 2, 2018 ZIONS 00 PUBLIC FINAN E,IN , Page 206 of 278 8-2 New Business Table of Contents Table of Contents 2 1. Recitals of Preconditions for Designating a Community Development Project Area 5 2. Definitions 5 3. Project Area Boundaries [17C-5-105(1)] 7 4. General Statement of Land Uses, Layout of Principal Streets, Population Densities, Building Intensities and How They Will be Affected by the Project Area Development [17C-5-105(2)] 7 A. Land Uses in the Project Area 7 B. Layout of Principal Streets in the Project Area 8 C. Population Densities in the Project Area 8 D. Building Intensities in the Project Area 8 5. Standards That Will Guide the Project Area Development [17C-5-105(3)] 8 A. General Design Objectives 8 B. Specific Design Objectives and Controls 9 1. Building Design Objectives 10 2. Open Space, Pedestrian Walks, and Interior Drive Design Objectives 10 3. Parking Design Objectives 10 C. Techniques to Achieve the Project Area Development Plan Objectives 10 D. Property Acquisition, Disposition and Development 10 1. Acquisition of Real Property 10 2. Cooperation with the Community and Public Entities 11 3. Property Management 11 4. Property Disposition and Development 11 E. Approvals 12 6. How Project Area Development Will Further Purposes of This Title [17C-5-104] 12 A. Development of moderate -income and essential workforce housing 12 B. Establishment of New Business 13 C. Development of USU Campus and Other Facilities Supporting Higher Education 13 D. Public Infrastructure Improvements 13 7. The Plan is Consistent With and Will Conform to the Community's General Plan [17C-5-105(5)] 13 Page 207 of 278 8-2 New Business 8. If Applicable, Describe How the Project Area Will Reduce or Eliminate Blight [17C-5-105(6)] 14 9. Description of Any Specific Project or Projects That are the Object of the Proposed Community Reinvestment [17C-5-105(7)] 14 10. How Participants Will Be Selected [17C-5-105(8)] 15 A. Selection of Private Developers 15 B. Identification of Developers Who are Currently Involved in the Proposed Community Reinvestment 15 11. Reasons for the Selection of the Community Reinvestment Project Area [17C-5-105(9)] 15 12. Description of the Physical, Social and Economic Conditions Existing in the Area [17C-5-105(10)] 16 A. Physical Conditions 16 B. Social Conditions 16 C. Economic Conditions 17 13. Financial Assistance Anticipated to be Offered to a Participant [17C-5-105(11)] 17 14. Results of the Public Benefit Analysis [17C-5-105(12)] 17 A. An Evaluation of the Reasonableness of the Costs of the Proposed Project Area Development 17 B. Efforts to Maximize Private Investment 18 C. Rationale for Use of Project Area Funds 18 D. Estimate of Total Project Area Funds and Length of Time of Project Area 18 A. Beneficial Influences on the Community's Tax Base 19 B. Associated Business and Economic Activity Stimulated by the Development 19 1. Business and Employee Expenditures 19 2. Construction Expenditures 20 C. Adoption of the Plan is Necessary and Appropriate to Undertake the Project Area Plan 20 15. If Applicable, State that the Agency Shall Comply with Section 9-8-404 [17C-5-105(13)] 21 16. State Whether the Plan is Subject to a Taxing Entity Committee or an Interlocal Agreement [17C-5- 105(14)] 21 APPENDIX A: PROJECT AREA MAP AND LAYOUT OF PRINCIPAL STREETS 22 APPENDIX B: LEGAL DESCRIPTION and parcel list 23 Page 208 of 278 8-2 New Business SOUTH MOAB CRA PROJECT AREA PLAN The Grand County Community Reinvestment Agency ("Agency"), in cooperation with Grand County and Moab City, following thorough consideration of the needs and desires of the County and its residents, as well as the need and capacity for new development, has carefully crafted this South Moab Community Reinvestment Project Area Plan ("Plan") for the South Moab Community Reinvestment Project Area ("Project Area"). In accordance with the terms of this Plan, the Agency will promote and provide for a vibrant development near the proposed USU Moab campus. This development will encourage commercial, residential, lodging, educational, cultural and other mixed -use development. The Project Area includes approximately 729.28 acres, of which 610.02 acres are included in parcels (other than roads). Key highlights of this project include: Educational Development • USU Moab Campus Mixed Use Development • Between 500 and 600 additional residential units, of which roughly 80 percent are projected to be primary homes and 20 percent second homes • Commercial development, with approximately 10,000 additional square feet of retail space and 4,500 additional square feet of office space Tourism Component • Potential tourism destinations and attractions, including potential hotel development This is an exciting and vibrant Project Area that capitalizes on the USU Moab campus development. It is the purpose of this Plan to clearly set forth the aims and objectives of this development, its scope, its mechanism, and its value to the residents, businesses and property owners of the City of Moab and Grand County. The Project is undertaken as a community reinvestment project pursuant to the provisions of the Act. This document is prepared in good faith as a current reasonable estimate of the economic impact of this Project Area and the anticipated development. Fundamental economic and other circumstances may influence the actual impact and future development is uncertain. With these assumptions, the information contained within this report represents the reasonable expectations of the Agency regarding the Project Area. The Agency makes no guarantee that the projections contained in this Plan document or in the Budget for the Project Area accurately reflect the future development within the Project Area. Further, the Agency specifically reserves all powers granted to it under the Act, as amended; this Plan shall not be interpreted to limit or restrict the powers of the agency as granted by the Act. Page 209 of 278 8-2 New Business The ordering of sections of this Project Area Plan document is consistent with the presentation of requirements and other criteria for CRA development as set forth in Utah Code § 17C-5-105. 1. RECITALS OF PRECONDITIONS FOR DESIGNATING A COMMUNITY DEVELOPMENT PROJECT AREA a) Pursuant to the provisions of §17C-5-103 et seq. of the Limited Purpose Local Government Entities Community Reinvestment Agency Act, the governing body of the Grand County Community Reinvestment Agency authorized the preparation of a draft community reinvestment project area plan on December 5, 2017; and b) As required by §17C-5-104(1)(a) and (b) of the Act, the County has a planning commission and general plan as required by law; and c) Pursuant to the provisions of §17C-5-104(3)(e) of the Act, the Agency will conduct one or more public hearings for the purpose of informing the public about the proposed Project Area, allowing public comment on the draft Project Area Plan and whether the Plan should be revised, approved or rejected; and d) Pursuant to the provisions of §17C-5-104(3)(b) and (d) of the Act, the Agency made a draft Project Area Plan available to the public at the Agency's offices during normal business hours, provided notice of the Plan hearing and held a public hearing on the draft Plan on September 18, 2018. 2. DEFINITIONS As used in this Community Reinvestment Project Area Plan: 1. The term "Act" shall mean and include the Limited Purpose Local Government Entities — Community Reinvestment Agency Act in Title 17C, Chapters 1 through 5, Utah Code Annotated 1953, as amended, or such other amendments as shall from time to time be enacted or any successor or replacement law or act. 2. The term "Agency" shall mean the Grand County Community Reinvestment Agency, a separate body corporate and politic. 3. The term "base taxable value" shall mean the base taxable value of the property within the Project Area from which tax increment will be collected, as shown upon the assessment roll last equalized, before: (A) the date the Project Area Plan is adopted by the County and the City legislative bodies; and (B) the date the Agency adopts the Project Area Budget. 4. The term "City" shall mean the City of Moab, Utah. 5. The term "County" shall mean Grand County, Utah. Page 210 of 278 8-2 New Business 6. The term "community" shall mean the community of Grand County, Utah. 7. The term "community reinvestment" shall mean development activities within the community, including the encouragement, promotion, or provision of development as contemplated by the Act. 8. The term "developer" shall mean the persons or entities investing in the development in the area. 9. The term "Plan Hearing" means the public hearing on the draft Project Area Plan required under Subsection 17C-5-104 of the Act. 10. The term "Project Area" or "South Moab Community Reinvestment Project Area" shall mean the geographic area described in this Project Area Plan where the community reinvestment set forth in this Project Area Plan takes place or is proposed to take place. 11. The term "Project Area Budget" shall mean a budget as described by Section 17C-5-303, setting forth: a. the anticipated costs, including administrative costs, of implementing the South Moab Community Reinvestment Project Area Plan; and b. the tax increment, sales tax, and other revenue the Agency anticipates will fund the project. 12. The term "Project Area Map" is the area depicted in Appendix A. 13. The term "South Moab Community Reinvestment Project Area Plan" or "Plan" shall mean this project area plan adopted pursuant to the Act to guide and control community reinvestment activities within a project area. 14. The terms "tax," "taxes," "property tax" or "property taxes" include privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. 15. The term "taxing entity" shall mean a public entity that levies a tax on property within the Project Area. 18. The term "Tax Increment" shall mean the difference between the amount of property tax revenues generated each tax year by all Taxing Entities from the area designated in the Project Area Plan from which Tax Increment is to be collected, using the current assessed value of the property and the amount of property tax revenues that would be or were generated from that same area using the Base Taxable Value of the property. 19. All other terms in this document shall have the same meaning set forth in the Act unless the context clearly indicates otherwise. Page 211 of 278 8-2 New Business 3. PROJECT AREA BOUNDARIES [17C-5-105(1)] The Project Area consists of approximately 729.28 acres located along Highway 191 between Holyoak Lane and Spanish Trail Road, and includes the properties lying within the boundaries as depicted on the Project Area map which is included in Appendix A. The Project Area is generally bordered by Below the Rocks on the west, with the eastern border following parcel boundaries beginning at the intersection of Holyoak Lane and Sage Drive and running southeast until Spanish Trail Road. The northern border begins at about 1248 S Highway 191 and runs eastward along Holyoak Lane to Sage Drive. The southern border begins about midway between Roberts Road and Highway 191 and runs east to Highway 191, and then turns south to Spanish Trail Road, which the boundary follows until it intersects the western boundary at about 2431 E Spanish Trail Road. The legal description of the Project Area is included in Appendix B. 4. GENERAL STATEMENT OF LAND USES, LAYOUT OF PRINCIPAL STREETS, POPULATION DENSITIES, BUILDING INTENSITIES AND HOW THEY WILL BE AFFECTED BY THE PROJECT AREA DEVELOPMENT [17C-5-105(2)] A. LAND USES IN THE PROJECT AREA The existing land uses in the Project Area include exempt, commercial, vacant, residential, roads, and utility easements. Vacant land comprises about 18 percent of the total project area.' Much of the exempt land is vacant land owned by the State of Utah. The table below lists the total acres by land use in the Project Area. Other uses and changes in uses for lands within the Project Area shall be those uses permitted by the officially adopted zoning ordinances of the City or County, as applicable, as those ordinances may be amended from time to time, subject to limitations imposed by any "overlay" restrictions and the controls and guidelines of this Plan. TABLE 1: LAND USE IN PROJECT AREA Land Use Acres Percent of Total Acreage Percent of Parcel Acres Parcel Acres Exempt 197.76 27% 32% Commercial 196.67 27% 32% Vacant 131.95 18% 22% Residential 51.34 7% 8% Utility/Utility Easement 32.29 4% 5% Subtotal 610.02 84% 100% Non -Parcel Acres Roads 119.14 16% Subtotal 119.14 16% Total 729.28 100% 1 Including road acres. Increases to 22 percent if roads are excluded. Page 212 of 278 8-2 New Business Land uses will be affected as vacant land is developed in accordance with this Plan. This will change existing vacant land to commercial, educational and residential uses. Current existing land uses surrounding the Project Area include residential land to the north, scattered residential and vacant land to the east, commercial to the south, and exempt/vacant to the west. B. LAYOUT OF PRINCIPAL STREETS IN THE PROJECT AREA There are currently several improved streets within the Project Area, including Highway 191, which runs through the Project Area. The layout of the principal streets in the Project Area is shown in Appendix A. C. POPULATION DENSITIES IN THE PROJECT AREA Currently, the Project Area has 25 residential parcels with approximately 43 units. According to the American Community Survey (2016), the average household size in the City of Moab is 2.59 persons; therefore, the estimated population in the Project Area is 111 persons, with a population density of 0.15 persons per acre. D. BUILDING INTENSITIES IN THE PROJECT AREA The Project Area currently has approximately 256,005 commercial building square feet. The existing commercial development in the Project Area has an average floor area ratio (FAR) of 0.036.2 5. STANDARDS THAT WILL GUIDE THE PROJECT AREA DEVELOPMENT [17C-5- 105(3)] A. GENERAL DESIGN OBJECTIVES Development within the Project Area will be held to high -quality design and construction standards and will be subject to: (1) appropriate elements of the County or City General Plan, depending on whether the development is located in the City or in the County; (2) applicable County/City building codes and ordinances; (3) Planning Commission review and recommendation; (4) the County/City land use code; and (5) development agreements that include design guidelines. Owners and developers may be allowed flexibility in the development of land located within the Project Area and are expected to pursue quality design and development. The development contemplated herein shall be of a design and shall use materials that are in harmony with adjoining areas and subject to design review and approval by the County or City, depending on geographic location. It is contemplated that these design objectives will be addressed in separate development agreements with the Developers explicitly addressing these points, or through application of the applicable land use ordinances. Parking areas should be designed with careful regard to orderly arrangement, topography, relationship to view, ease of access, and as an integral part of the overall site design. 2256,005 square feet / (196.67 commercial acres * 43,560 square feet per acre) Page 213 of 278 8-2 New Business All development will be accompanied by site plans, development data, and other appropriate material clearly describing the development, including land coverage, setbacks, heights, and any other data as required by the County or City land use code, the applicable zoning designations, development agreement, or as requested by the Agency. The general standards that will guide the project area development are as follows: 1. Encourage and assist project area development with the creation of a well -planned, vibrant mixed -use development that capitalizes on construction of the USU Moab campus. 2. Provide for the strengthening of the tax base and economic health of the entire community and the State of Utah. 3. Implement the tax increment financing provisions of the Act, which are incorporated herein by reference and made a part of this Plan. 4. Encourage economic use of and new construction upon the real property within the Project Area. 5. Promote and market the Project Area for project area development that would be complementary to existing businesses and that would enhance the economic base of the City and County through diversification. 6. Provide for compatible relationships among land uses and quality standards for development, such that the area functions as a unified and viable center of community activity. 7. Remove any impediments to land disposition and development through assembly of land into reasonably sized and shaped parcels served by adequate public utilities and infrastructure improvements. 8. Achieve an environment that reflects an appropriate level of concern for architectural, landscape and design principles, developed through encouragement, guidance, appropriate controls, and financial and professional assistance to owner participants and developers. 9. Provide for construction assistance of the USU campus, along with other necessary public infrastructure such as public streets, utilities, curbs and sidewalks, other public rights -of -way, street lights, landscaped areas, public parking, water utilities, sewer utilities, storm drainage, open space, and other public improvements. B. SPECIFIC DESIGN OBJECTIVES AND CONTROLS In addition to the general design objectives and standards described above, it is contemplated that the following guidelines will be followed. Page 214 of 278 8-2 New Business 1. BUILDING DESIGN OBJECTIVES All new buildings shall be of design and materials that will be in harmony with adjoining areas and other new development and in accordance with design guidelines. 2. OPEN SPACE, PEDESTRIAN WALKS, AND INTERIOR DRIVE DESIGN OBJECTIVES All open spaces, pedestrian walks and interior drives shall be designed as an integral part of an overall site design, properly related to other buildings. Comfortably graded pedestrian walks should be provided along the lines of the most intense use, particularly from building entrances to parking areas, and adjacent buildings on the same site. The location and design of pedestrian walks should afford adequate safety and separation from vehicular traffic. Materials and design of paving, retaining walls, fences, curbs, and other accouterments, shall be of good appearance, easily maintained, and indicative of their purpose and consistent with design guidelines. 3. PARKING DESIGN OBJECTIVES Parking areas shall be designed with regard to orderly arrangement, topography, ease of access, and as an integral part of overall site design. It is desirable that parking areas be relatively level. C. TECHNIQUES TO ACHIEVE THE PROJECT AREA DEVELOPMENT PLAN OBJECTIVES Activities contemplated in carrying out the Plan in the Project Area may include the acquisition and development of properties in the Project Area. Parcels of real property located in the Project Area may be acquired by purchase, but may not be acquired by condemnation except as described in § 17C-1-902. D. PROPERTY ACQUISITION, DISPOSITION AND DEVELOPMENT The objectives of this Plan are to be accomplished by various means including but not limited to the following: 1. ACQUISITION OF REAL PROPERTY The Agency may acquire, but is not required to acquire, real property located in the Project Area. The Agency may acquire property by negotiation, gift, devise, exchange, purchase, or other lawful method, but generally not by eminent domain (condemnation) except as explicitly allowed by the Act. The Agency is authorized to acquire any other interest in real property less than fee title such as leasehold interests, easements, rights of way, etc. by negotiation, gift, devise, exchange, purchase or other lawful method. Page 215 of 278 8-2 New Business 2. COOPERATION WITH THE COMMUNITY AND PUBLIC ENTITIES The community and certain public entities are authorized by state law, with or without consideration, to assist and cooperate in the planning, undertaking, construction, or operation of projects within this Project Area. The Agency may seek the aid and cooperation of such public entities in order to accomplish the purposes of project area development and the highest public good. The Agency, by law, is not authorized to acquire real property owned by a public entity without the consent of the public entity. The Agency, however, will seek the cooperation of all public entities that own or intend to acquire property in the Project Area. 3. PROPERTY MANAGEMENT During such time that property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for project area development. 4. PROPERTY DISPOSITION AND DEVELOPMENT The Agency is also authorized, by lawful means, to provide for and promote the development of the Project Area to the fullest extent authorized by the Act. Nothing in this Plan shall be read to restrict or limit the power and authority granted to the Agency under the Act. The Agency is authorized to demolish and clear buildings, structures, and other improvements from any real property in the Project Area, should such a need occur, to carry out the purposes of this Plan. The Agency is authorized to install and construct or to cause to be installed and constructed the public improvements, public facilities, and public utilities, within the Project Area, not prohibited by law which are necessary or desirable to carry out this Plan, as well as publicly -owned improvements and infrastructure outside the Project Area that are of benefit to the Project Area. The Agency is authorized to prepare or cause to be prepared as building sites any real property in the Project Area. The Agency is also authorized to rehabilitate or to cause to be rehabilitated any building or structure in the Project Area should such a need occur in the future. The Agency is also authorized to advise, encourage, and assist in the rehabilitation of property in the Project Area not owned by the Agency should such a need occur in the future. For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. The Agency is authorized to dispose of real property by leases or sales by negotiation with or without public bidding. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. Real property may be conveyed by the Agency to the City or County or any other public entity without charge. The Agency shall reserve such controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. All purchasers or lessees of property from the Agency shall be made obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. Page 216 of 278 8-2 New Business To the maximum possible extent, the objectives of this Plan are to be accomplished through Agency encouragement of, and assistance to, private enterprise in carrying out development activities. To provide adequate safeguards to ensure that the provisions of this Plan will be carried out, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the City/County ordinances, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the Office of the County Recorder. The leases, deeds, contracts, agreements, and declarations of restrictions may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provision necessary or desirable to carry out this Plan. To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either within or outside the Project Area for itself or for any public entity to the extent that such improvement would be of benefit to the Project Area. During the period of development in the Project Area, the Agency shall require that the provisions of this Plan and of other documents formulated pursuant to this Plan are being observed, and that development in the Project Area is proceeding in accordance with development documents and time schedules. For the purpose of this Plan, the Agency is also authorized to sell, lease, exchange, transfer, assign, pledge, encumber, and otherwise dispose of personal property. E. APPROVALS The County or City, depending on whether the development project is located in the City or in the unincorporated County, shall approve the design of all development within the Project Area to ensure that development therein is consistent with this Plan and the applicable land use ordinances. 6. HOW PROJECT AREA DEVELOPMENT WILL FURTHER PURPOSES OF THIS TITLE [17C-5-104] It is the intent of the Agency, with the assistance and participation of private owners and other public entities, to facilitate new development within the Project Area including the encouragement, promotion, or provision of mixed -use development in the community that capitalizes on the USU campus construction. Further, the project area development will strengthen the tax base of the community, will accomplish community development objectives and create well -planned development. The Project Area Plan will further the purposes of the Act by encouraging the following: A. DEVELOPMENT OF MODERATE -INCOME AND ESSENTIAL WORKFORCE HOUSING The project includes residential development which will benefit the County and the City through increased workforce housing options to support ongoing economic development, property taxes, community stability, and alleviation of intergenerational poverty. Page 217 of 278 8-2 New Business Should the Agency expend any tax increment on housing -related projects, the financial assistance provided shall unequivocally support housing units that are deed restricted for a period not less than 50 years for residents of Grand County who earn less than 100% of area median income. B. ESTABLISHMENT OF NEW BUSINESS The project includes commercial development which will benefit the County and the City through increased job creation, increased sales tax base, and increased income taxes paid. Should the Agency expend any tax increment on business development or business diversification projects, the project shall be thoroughly evaluated using objective criteria that further the community and economic development goals identified in the City's and County's general plans. In no circumstance shall a project receive financial assistance before it has earned a minimum score established by a set of evaluation criteria mutually agreed upon and approved by the Agency and Moab City. C. DEVELOPMENT OF USU CAMPUS AND OTHER FACILITIES SUPPORTING HIGHER EDUCATION The project includes assistance with the development of the USU Campus which will bring educational opportunities to the local area. This will increase the skilled workforce, business development, jobs created and wages paid. The Agency shall be authorized to use tax increment to pay off debt incurred by the City of Moab and Grand County in order to construct an infrastructure corridor between US Hwy 191 and the future USU Moab campus site. Should the Agency expend any tax increment for such reason, the City and County shall share equally the financial assistance provided by the Agency. In no circumstance shall the City or County receive from the Agency a financial contribution that exceeds their proportionate contribution of project area funds to the Project. D. PUBLIC INFRASTRUCTURE IMPROVEMENTS The construction of the public infrastructure will support the development contemplated herein and provide for future development in surrounding areas. Infrastructure is an important element of economic development and areas that lack sufficient infrastructure are not able to be competitive in attracting good -quality businesses to locate in the community. 7. THE PLAN IS CONSISTENT WITH AND WILL CONFORM TO THE COMMUNITY'S GENERAL PLAN [17C-5-105(5)] The Grand County General Plan was adopted in 2012. The General Plan establishes goals in many areas, including economic development. The County's Goal 1 states: Page 218 of 278 8-2 New Business Make the County attractive for a wide range of economic sectors. Under Goal 1, Strategy I states: Support the development of a 4-year college and other education opportunities that enhance the workforce, provide training and establish the basis for expanded year-round employment.' The City of Moab General Plan was adopted in 2017. The General Plan establishes goals in many areas including economic development, higher education, and affordable housing. Under Economic Development, the City's first listed goal states: Promote a vibrant local economy that supports the unique quality of life and character of Moab. Under Housing, the City's second listed goals state: Implement a housing strategy that meets the needs of current residents, anticipates growth in housing demand, promotes a cohesive small-town environment and supports a high quality of life. Promote strategies that improve the ability of all Moab residents to have access to affordable, quality housing. Clearly, this Project Area Plan that is centered around the USU Campus development, is consistent with the County's and City's General Plans. 8. IF APPLICABLE, DESCRIBE HOW THE PROJECT AREA WILL REDUCE OR ELIMINATE BLIGHT [17C-5-105(6)] Not applicable. 9. DESCRIPTION OF ANY SPECIFIC PROJECT OR PROJECTS THAT ARE THE OBJECT OF THE PROPOSED COMMUNITY REINVESTMENT [17C-5-105(7)] The Project area will include the development of a USU campus facility within the Project Area. This is the main centerpiece of the Plan and the Agency hopes to utilize a portion of the tax increment received by the Agency to provide for infrastructure improvements for the USU campus and surrounding development. In addition, the County conducted a market study in order to better understand the potential development that might surround the Campus. This market study foresees the development of between 500-600 residential units (approximately 80 percent primary homes), 10,000 square feet of retail 'Grand County General Plan 2012, 38-39. Page 219 of 278 8-2 New Business space, and 4,500 square feet of office space. None of the projections in the market study are related to specific projects yet identified but are intended as general guidelines for the projection of tax increment in the Project Area. 10. HOW PARTICIPANTS WILL BE SELECTED [17C-5-105(8)] A. SELECTION OF PRIVATE DEVELOPERS The Agency contemplates that owners of real property within the Project Area will take advantage of the opportunity to develop their property, or sell their property to developers for the development of facilities within the Project Area. In the event that owners do not wish to participate in the development in compliance with the Plan, or in a manner acceptable to the Agency, or are unable or unwilling to appropriately participate, the Agency reserves the right pursuant to the provisions of the Act to acquire parcels (not through eminent domain), to encourage other owners to acquire other property within the Project Area, or to select non -owner developers by private negotiation, public advertisement, bidding or the solicitation of written proposals, or a combination of one or more of the above methods. B. IDENTIFICATION OF DEVELOPERS WHO ARE CURRENTLY INVOLVED IN THE PROPOSED COMMUNITY REINVESTMENT Utah State University has currently been identified to pursue development of an educational facility in the Project Area. If no owner in the Project Area, as described in Subparagraph A above, who possesses the skill, experience and financial resources necessary to become a developer in the Project Area is willing or able to become a developer of all or part of the Project Area, the Agency may identify other qualified persons who may be interested in developing all or part of the Project Area. Potential developers may be identified by one or more of the following processes: (1) public solicitation, (2) requests for proposals (RFP), (3) requests for bids (RFB), (4) private negotiation, or (5) some other method of identification approved by the Agency. The Agency has not entered into nor does it intend to enter into any owner participation agreements or agreements with developers to develop all or part of the Project Area until after this Plan is adopted. 11. REASONS FOR THE SELECTION OF THE COMMUNITY REINVESTMENT PROJECT AREA [17C-5-105(9)] The Project Area was selected by the Agency as that area surrounding the potential USU campus development as having an opportunity to develop and generate tax increment that will enable the development of the campus, including necessary infrastructure improvements in the area. The Project Area contains a portion of the County that is desirable for mixed -use development because of: (1) its accessible location to the USU campus development; (2) the opportunity to attract Page 220 of 278 8-2 New Business complementary development in the downtown area of Moab; and (3) the desire of the County and City to maximize the positive economic benefits associated with the proposed USU campus development. Specific boundaries of the Project Area were arrived at by the Agency after a review of the area by members of the Agency, County staff, City staff, economic development consultants, and other technical and legal consultants. Planned treatment of this area is intended to stimulate development to the degree necessary for sound long-term growth in the Project Area and to encourage the development of the USU campus and other real property located within the Project Area. Finally, development of the Project Area with a higher -education facility is an important element in the County's General Plan. 12. DESCRIPTION OF THE PHYSICAL, SOCIAL AND ECONOMIC CONDITIONS EXISTING IN THE AREA [17C-5-105(10)] A. PHYSICAL CONDITIONS The Project Area consists of approximately 729.28 acres located along Highway 191 between Holyoak Lane and Spanish Trail Road, and includes the properties lying within the boundaries as depicted on the Project Area map which is included in Appendix A. Approximately 119.14 acres are dedicated for roads. The majority of the Project Area is exempt or commercial. The Project Area has 131.95 acres of vacant land and nearly 200 acres of exempt land, much of which is exempt land owned by the State of Utah. TABLE 2: LAND USE IN PROJECT AREA Land Use Acres Percent of Total Acreage Percent of Parcel Acres Exempt 197.76 27% 32% Commercial 196.67 27% 32% Vacant 131.95 18% 22% Residential 51.34 7% 8% Utility/Utility Easement 32.29 4% 5% Subtotal 610.02 84% 100% Non -Parcel Acres Roads 119.14 16% Subtotal 119.14 16% Total 729.28 100% B. SOCIAL CONDITIONS Currently, the Project Area has 25 residential parcels with approximately 43 units. According to the American Community Survey (2016), the average household size in Moab is 2.59 persons; therefore, the estimated population in the Project Area is 111 persons, with a population density of 0.15 persons per acre. 4 No unusual social conditions were found to exist. The Project Area Plan will bring consumers and 4 111 persons / 719.28 parcel acres = 0.15 persons per acre Page 221 of 278 8-2 New Business visitors from all over the region to the Project Area for education, shopping, lodging and employment. It will also provide for residential development. This will encourage a diverse population within the Project Area. It is anticipated, therefore, that the Project Area will add to the community's economy, quality of life, and reputation. C. ECONOMIC CONDITIONS There are currently 80 commercial parcels in the Project Area, totaling approximately 196.67 acres and 256,005 building square feet. Much of the land in the Project Area is either vacant tax-exempt land owned by the State of Utah or other vacant land. Because of these conditions, a relatively small amount of property tax revenues is currently generated from the Project Area. 13. FINANCIAL ASSISTANCE ANTICIPATED TO BE OFFERED TO A PARTICIPANT [17C-5- 105(11)] The Agency intends to use property tax increment generated within the Project Area to pay part of the costs associated with development of the Project Area. The Agency intends to negotiate and enter into one or more inter -local agreements with Grand County, Grand County School District, Moab Mosquito Abatement District, Grand County Cemetery Maintenance District, Moab Valley Fire Protection District and Grand County Water Conservancy District to secure receipt of a portion of the property tax increment generated within the Project Area that would otherwise be paid to those taxing entities. Collectively, those tax revenues may be used to reimburse a private developer for a portion of the cost of the public infrastructure improvements including interest and bonding costs or for other uses as authorized by the Act. Subject to the provisions of the Act, the Agency may agree to pay for eligible development costs and other items from such tax revenues for any period of time the Agency and the taxing entities may deem appropriate under the circumstances. Detailed tax increment information and projections are provided in the Project Area Budget. 14. RESULTS OF THE PUBLIC BENEFIT ANALYSIS [17C-5-105(12)] Section 1 — The Benefit of Any Financial Assistance or Other Public Subsidy Proposed to be Provided by the Agency: A. AN EVALUATION OF THE REASONABLENESS OF THE COSTS OF THE PROPOSED PROJECT AREA DEVELOPMENT It is estimated that approximately $5.1 million will be available to the Agency for projects, after administrative costs and the required housing allocation. In comparison, the Project Area Budget anticipates $124 million of private investment — a ratio of 21:1 of private to public investment. This appears reasonable based on other similar development projects. Page 222 of 278 8-2 New Business B. EFFORTS TO MAXIMIZE PRIVATE INVESTMENT The Agency will make great efforts to maximize private investment in the area. The market analysis anticipates development of between 500 and 600 residential units in the Project Area over the next 20 years, as well as 10,000 square feet of retail and 4,500 square feet of office space. The Agency also anticipates that this project will create a significant number of new jobs at the USU campus. The wages paid for these jobs will then be re -spent, by the private sector, in the local and regional economies that will bring benefits to private businesses in the area. This project will significantly increase taxable value from the current taxable value in the Project Area of $38.2 million to an anticipated $162.2 million over the next 20 years — an increase of nearly $124 million. The Project Area is currently generating $409,865 annually in property tax revenues; it is projected to generate over 4 times that amount annually at the end of 20 years — or approximately $1.7 million a year. C. RATIONALE FOR USE OF PROJECT AREA FUNDS The development around the USU Moab campus will not take place, in the near future and in the manner desired by the County and the City, without some form of public assistance. The cost of campus construction, along with utilities, roads and other infrastructure is simply too steep to be feasible. This Plan follows the pattern set forth in other tax increment areas in the State that center around a higher - education campus, such as the Brigham City USU campus. D. ESTIMATE OF TOTAL PROJECT AREA FUNDS AND LENGTH OF TIME OF PROJECT AREA Project area funds are expected to be disbursed to the Agency for a period of 20 years and are anticipated to be approximately $6.0 million over the 20-year period, with a net present value of $3.7 million. A year - by -year analysis of funds disbursed to the Agency is provided in the Project Area Budget. TABLE 3: TOTAL AND NET PRESENT VALUE OF INCREMENTAL TAX REVENUES TO AGENCY FOR 20-YEAR PERIOD Incremental Taxes to Agency Percent to Agency Tax Rate Total Years 1-20 NPV* Years 1-20 Grand County Grand County School District Moab City Moab Mosquito Abatement District Grand County Cemetery Maintenance District Moab Valley Fire Protection District 50% 0.002807 $1,662,883 $977,004 Years 1-5: 100% Years 6-10: 75% Years 11-15: 50% 0.006945 $3,781,268 $2,433,224 Years 16-20: 25% N/A 0 $0 50% 0.000216 $127,960 Years 1-5: 100% Years 6-10: 75% Years 11-15: 50% Years 16-20: 25% Years 1-5: 100% Years 6-10: 75% Years 11-15: 50% Years 16-20: 25% 0.000221 0.000531 $0 $75,181 $120,325 $77,429 $289,108 $186,039 Page 223 of 278 8-2 New Business Incremental Taxes to Agency Percent to Agency Tax Rate Total Years 1-20 NPV* Years 1-20 Grand County Water Conservancy District 0% 0.00000 $0 $0 TOTAL *Net present value discounted at a rate of 4 percent. 0.010720 $5,981,544 $3,748,877 Section 2 — The Anticipated Public Benefit Derived from the Proposed Project Area Development A. BENEFICIAL INFLUENCES ON THE COMMUNITY'S TAX BASE The property tax base of the taxing entities should increase by approximately $124 million through the residential and commercial development projected in the Project Area. This increased tax base will result in projected incremental taxes (net of amounts paid to the Agency) as follows: TABLE 4: COMPARISON OF EXISTING ANNUAL REVENUES AND INCREMENTAL ANNUAL REVENUES AFTER 20 YEARS Current Revenues (over 20 year -period with no additional development) Total (Base and Incremental) Revenues After 20 Years Grand County $107,322 $455,297 Grand County School District $265,533 $1,126,483 Moab City Moab Mosquito Abatement District Grand County Cemetery Maintenance District Moab Valley Fire Protection District Grand County Water Conservancy District TOTAL $8,258 $8,450 $20,302 $35,035 $35,846 $86,128 $409,865 $1,738,790 In addition to property tax revenues, the project will generate other revenues including sales tax, Class B/C Road Funds, business license fees, charges for services, and one-time fees such as building permits and impact fees. B. ASSOCIATED BUSINESS AND ECONOMIC ACTIVITY STIMULATED BY THE DEVELOPMENT Other business and economic activity likely to be stimulated includes local business, employee, and construction expenditures. There are significant opportunities for increased economic development and tax generating development that can occur within the immediate sphere of influence of the Project Area that otherwise may not occur in a timely basis or at the same level of increased development and private investment. 1. BUSINESS AND EMPLOYEE EXPENDITURES It is anticipated that employees and business owners in the Project Area will directly or indirectly purchase local goods and services related to their operations from local or regional suppliers. These purchases will Page 224 of 278 8-2 New Business likely increase employment opportunities in the related areas of business equipment, furniture and furnishings, business supplies, computer equipment, communication, security, transportation and delivery services, maintenance, repair and janitorial services, packaging supplies, office and printing services, transportation and delivery services. A summary of benefits is as follows: • Establish an institution of higher education in the County, thus increasing workforce training, job creation and wages paid. • Provide an increase in direct purchases in the City and County. • Provide economic diversification within the City and County. • Encourage economic development in order for a public or private employer to create additional jobs in the community. • Complement existing businesses and industries located within the City and County through the new employees hired who may live and shop and pay taxes in the region. • Another benefit will be the expenditure of income by employees filling the new positions, including the jobs created at the USU Campus. The types of expenditures by employees in the area will likely include convenience shopping for personal and household goods, lunches at area restaurants, convenience purchases and personal services (haircuts, banking, dry cleaning, etc.) The employees will not make all of their convenience or personal services purchases near their workplace, and each employee's purchasing patterns will be different. However, it is reasonable to assume that a percentage of these annual purchases will occur within close proximity to the workplace (assuming the services are available). 2. CONSTRUCTION EXPENDITURES Economic activity associated with the development will include construction activity. Construction costs for the USU campus will be significant, plus an additional investment of nearly $124 million in residential and commercial development. Generally, construction labor accounts for 40 percent of total costs, with supplies accounting for 40 percent, and overhead accounting for the remaining 20 percent. C. ADOPTION OF THE PLAN IS NECESSARY AND APPROPRIATE TO UNDERTAKE THE PROJECT AREA PLAN Adoption of the Plan is necessary and appropriate to undertake the Project Area Plan because: 1) The Plan conforms with and furthers the County's General Plan; 2) private investment will increase the tax base by approximately $124 million which will provide increased tax revenues to all taxing entities; 3) the USU campus will provide a significant number of new jobs in the community; and 4) the Project Area Plan provides for improvement of the health and well-being of the community through educational development and opportunities. Page 225 of 278 8-2 New Business 15. IF APPLICABLE, STATE THAT THE AGENCY SHALL COMPLY WITH SECTION 9-8-404 [17C-5-105(13)] The Agency shall comply with Utah Code §9-8-404 and §17C-5-106 if any of the existing buildings or uses in the Project Area are included in, or eligible for, inclusion in the National Register of Historic Places or the State Register and the Agency spends funds on the demolition or rehabilitation of such buildings or uses. At the present time the Agency is not aware of, and has no intention of spending Agency funds on the demolition or rehabilitation, of such buildings or uses. 16. STATE WHETHER THE PLAN IS SUBJECT TO A TAXING ENTITY COMMITTEE OR AN INTERLOCAL AGREEMENT [17C-5-105(14)] This Plan is subject to Interlocal Agreements. Page 226 of 278 8-2 New Business APPENDIX A: PROJECT AREA MAP AND LAYOUT OF PRINCIPAL STREETS - Roads •' Moab ,• OSouth Moab CRA CRA_Parcels_080918 Page 227 of 278 8-2 New Business APPENDIX B: LEGAL DESCRIPTION AND PARCEL LIST SOUTH MOAB CRA BOUNDARY BEGINNING AT NORTHWEST CORNER OF PARCEL 02-0XST-0026 SAID POINT ALSO BEING THE NORTH QUARTER CORNER OF SECTION 18, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN; THENCE SOUTH 0°30' WEST ALONG THE WEST LINE OF SAID PARCEL 313.08 FEET TO THE NORTHWEST CORNER OF PARCEL 02-0018-0010; THENCE SOUTH 0°14'09" WEST ALONG THE WEST LINE OF SAID PARCEL 349.96 FEET TO THE NORTHWEST CORNER OF PARCEL 02-0018-0012; THENCE SOUTH 0°22'56" WEST ALONG THE WEST LINE OF SAID PARCEL 653.18 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 0'20'02" WEST 526.22 FEET TO THE NORTHERLY LINE OF THE MID-AMERICAN PIPELINE EASEMENT; THENCE ALONG THE NORTH LINE OF SAID EASEMENT THE FOLLOWING 10 COURSES: 1) SOUTH 48°46' EAST 1091.29 FEET, 2) SOUTH 45°26'38" WEST 20.54 FEET, 3) SOUTH 53°33' EAST 27.15 FEET, 4) SOUTH 18°43' EAST 36.04 FEET, 5) SOUTH 53°17' EAST 2072.80 FEET, 6) SOUTH 49°42'56" EAST 241.95 FEET, 7) SOUTH 53°17' EAST 991.93 FEET, 8) SOUTH 50°17' EAST 50.69 FEET, 9) SOUTH 18°17' EAST 179.40 FEET, 10) SOUTH 61°14' EAST 774.96 FEET TO THE SOUTH BOUNDARY LINE OF PARCEL 01-0017- 0009; THENCE SOUTH 89°56'59" EAST ALONG SAID BOUNDARY LINE 1059.73 FEET TO SOUTH QUARTER CORNER OF SECTION 17, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 89°17'28" EAST ALONG SOUTH LINE OF SECTION 17 415.77 FEET TO THE NORTHWEST CORNER OF PARCEL 02-0020-0079; THENCE SOUTH 37°51'52" EAST ALONG THE WEST LINE OF THE FOLLOWING 14 PARCELS: 1) 02-0020-0079, 2) 02-0020-0008, 3) 02-0020- 0009, 4) 02-0020-0010, 5) 02-0020-0011, 6) 02-0020-0012, 7) 02-0020-0012, 8) 02-ROC-0005, 9) 02-0020-0016, 10) 02-0020-0017, 11) 02-0020-0019, 12) 02-0020-0020, 13) 02-0020-0100, 14) 02-0020-0021 3911.97 FEET TO THE SOUTH CORNER OF PARCEL 02-0020-0021; THENCE NORTH 52°08' EAST 396.00 FEET TO THE EAST CORNER OF PARCEL 02-0020-0021; THENCE NORTH 50°41'46" EAST 377.53 FEET TO THE WEST CORNER OF PARCEL 02-06RA-0001 IN THE BRANDING IRON SUBDIVISION; THENCE SOUTH 37°53' EAST 263.92 FEET TO THE SOUTH CORNER OF SAID PARCEL; THENCE NORTH 52°09'37" EAST 299.59 FEET TO THE EAST CORNER OF PARCEL 02-0BRA- 0002 IN THE BRANDING IRON SUBDIVISION; THENCE NORTH 38°41' WEST 264.00 FEET TO THE NORTH CORNER OF SAID PARCEL; THENCE NORTH 52°05'03" EAST 100.10 FEET TO THE EAST CORNER OF PARCEL 02-0021-0055; THENCE NORTH 37°52' WEST ALONG THE EAST LINE OF THE FOLLOWING 7 PARCELS: 1) 02-0021-0055, 2) 02-0021-0056, 3) 02-0021-0057, 4) 02-0021-0115, 5) 02-0020-0003, 6) 02-0021-0058, 7) 02-0020-0005 1743.55 FEET TO THE EAST LINE OF SECTION 20, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 0°00'18" WEST ALONG SAID SECTION LINE 634.04 FEET TO THE NORTH CORNER OF PARCEL 02- 0020-0002; THENCE NORTH 2°27'34" WEST 376.01 FEET TO THE SOUTHEAST CORNER OF THE MCKNIGHT PROPERTIES INDUSTRIAL SUBDIVISION; THENCE NORTH 0°02' EAST ALONG THE EAST LINE OF SAID SUBDIVISION 1327.90 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 89'17'25" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 53.48 FEET TO Page 228 of 278 8-2 New Business THE EAST LINE OF CLARK MINOR SUBDIVISION; THENCE ALONG SUBDIVISION THE FOLLOWING 8 COURSES: 1) NORTH 0°00'06" WEST 87.42 FEET, 2) NORTH 30°37' WEST 64.69 FEET, 3) NORTH 0°02' EAST 489.29 FEET, 4) EAST 33.00 FEET, 5) NORTH 0°02' EAST 610.85 FEET, 6) NORTH 68°30'59" WEST 139.81 FEET, 7) SOUTH 89°11'08" WEST 1191.98 FEET TO THE NORTHWEST CORNER, NORTHEAST QUARTER, SOUTHEAST QUARTER, OF SAID SECTION; 8) SOUTH 0°03'31" WEST 1312.59 FEET TO THE SOUTHWEST CORNER, NORTHWEST QUARTER, SOUTHEAST QUARTER, OF SAID SECTION; THENCE NORTH 88°03'28" WEST ALONG THE NORTH LINE OF THE MCKIGHT PROPERTIES INDUSTRIAL SUBDIVISION 404.43 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 87°48'05" WEST 531.88 FEET TO THE SOUTHEAST CORNER OF PARCEL 02-0017-0145; THENCE NORTH 0°08' WEST ALONG THE EAST LINE OF SAID PARCEL 245.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 88°12'16" WEST ALONG THE NORTH LINE OF SAID PARCEL 142.04 FEET TO THE SOUTHEAST CORNER OF PARCEL 02-0017-0015; THENCE NORTH 187.00 FEET ALONG THE EAST LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL 198.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 72°42'10" WEST 81.97 FEET TO THE SOUTH CORNER OF PARCEL 02-0127-0120; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL 712.30 FEET TO THE SOUTHEAST CORNER OF PARCEL 02-0017-0119; THENCE NORTH 0°13'25" EAST ALONG THE EAST LINE OF SAID PARCEL 335.43 FEET TO THE SOUTHEAST CORNER PARCEL 02-0017-0121; THENCE NORTH 0°15'42" EAST ALONG THE EAST LINE OF SAID PARCEL 292.89 FEET TO THE SOUTH CORNER OF PARCEL 02-0017-0130; THENCE NORTH 37°52'00" WEST ALONG THE SOUTHWEST LINE OF SAID PARCEL 330.60 FEET TO THE NORTH CORNER OF PARCEL 02-0017-0122; THENCE SOUTH 52°08' WEST ALONG THE NORTH LINE OF SAID PARCEL 429.00 FEET TO THE EAST CORNER OF PARCEL 02-0017-0116; THENCE NORTH 37°52'35" WEST ALONG THE EAST LINE OF THE FOLLOWING 4 PARCELS: 1) 02-0017-0116, 2) 02- 0017-0115, 3) 02-0017-0114, 4) 02-0017-0113 908.58 FEET TO A CORNER OF PARCEL 02-0017- 0113; THENCE NORTH 54°08' EAST ALONG SAID PARCEL 100.80 FEET; THENCE NORTH 89°49'02" WEST ALONG THE NORTH LINE OF SAID PARCEL 256.73 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER, NORTHWEST QUARTER, SECTION 17, TOWNSHIP 26 SOUTH, RANGE 22 EAST, SALT LAKE BASE AND MERIDIAN; THENCE NORTH 0°36'36" WEST ALONG THE EAST LINE OF PARCEL 02-0017-0097 1311.96 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER, NORTHWEST QUARTER, OF SAID SECTION; THENCE SOUTH 89°23'24" WEST ALONG THE NORTH LINE OF SAID SECTION 1311.96 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE ALONG PARCEL 02-0007-0003 THE FOLLOWING 4 COURSES: 1) NORTH 0°06'33" EAST 260.70 FEET, 2) NORTH 28°44'23" WEST 163.56 FEET, 3) SOUTH 84°34'24" WEST 159.09 FEET, 4) NORTH 1°48'24" EAST 126.43 FEET; THENCE NORTH 76°00'45" WEST 254.75 FEET TO THE EAST BOUNDARY LINE OF PARCEL 02-0007-0001; THENCE ALONG SAID PARCEL THE FOLLOWING 8 COURSES: 1) NORTH 1°13'00" EAST 14.22 FEET, 2) NORTH 2°44'34" WEST 29.58 FEET, 3) NORTH 87°37' WEST 157.10 FEET, 4) NORTH 0'12'24" EAST 77.64 FEET, 5) NORTH 89°43'20" WEST 208.27 FEET, 6) NORTH 0°29'56" EAST 84.89 FEET, 7) SOUTH 89°29'57" WEST 327.94 FEET, 8) NORTH 0°29'10" EAST 152.48 FEET TO THE NORTHEAST CORNER OF PARCEL 02-0007-0005; THENCE NORTH 89°29'48" WEST ALONG THE NORTH LINE 02-0007-0005 176.47 FEET TO THE EAST Page 229 of 278 8-2 New Business BOUNDARY CORNER OF PARCEL 02-0007-0153; THENCE ALONG SAID PARCEL THE FOLLOWING 2 COURSES: 1) NORTH 89°30' WEST 3.50 FEET, 2) NORTH 0°54' EAST 362.90 FEET; THENCE SOUTH 89°56'12" WEST ALONG THE NORTH LINE OF THE FOLLOWING 5 PARCELS: 1) 02-0007-0153, 2) 02-0007-0032, 3) 02-0007-0129, 4) 02-0007-0159, 5) 02-0007-0160 1128.53 FEET TO THE NORTHWEST CORNER OF PARCEL 02-0007-0160; THENCE SOUTH 11°41'25" EAST 284.50 FEET TO THE NORTHWEST CORNER OF PARCEL 02-0007-0039; THENCE NORTH 69°33'34" WEST 41.54 FEET TO THE NORTHEAST CORNER OF PARCEL 02-0007-0037; THENCE NORTH 65°39' WEST 220.30 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 32°35'57" WEST 23.39 FEET TO THE NORTHEAST CORNER OF PARCEL 02-0007-0090; THENCE ALONG SAID PARCEL THE FOLLOWING 7 COURSES: 1) NORTH 65°39' WEST 410.56 FEET, 2) SOUTH 63.05 FEET, 3) SOUTH 53°54' WEST 22.65 FEET, 4) SOUTH 89°45' WEST 177.00 FEET, 5) SOUTH 88°41' WEST 91.32 FEET, 6) SOUTH 0°35'43" EAST 1273.52 FEET TO THE SOUTHWEST CORNER; 7) EAST 660.00 FEET TO THE POINT OF BEGINNING. Page 230 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 01-0007- 0009 TRACT #2 BEG AT POINT WHICH BEARS N 716.2 FT & W 1099.5 FT FROM E1/4 COR SEC 7 T26S R22E; & S 30°33'E 213.2 FT TO POINT OF TRUE BEG. & PROC N 76°33'E 213.2 FT; S 30°33'E 213.2 FT; S 76°33'W 213.2 FT; N 30°33'W 213.2 FT TO BEG 1.00 AC $62,500 1.97 01-0017- 0001 LOT 43; SEC 17 T26S R22E ----LESS THE ROAD (.61) TOTAL 1.43 AC $94,682 1.47 01-0017- 0002 LOTS 41; 42; SEC 17 T26S R22E-- LESS PARCEL TO LATHROM DESCRIBED AS FOLLOWS: BEG AT A POINT ON THE NORTH LINE OF SEC 17; SAID POINT BEAR S 89°52'00"E 658.7 FT FROM THE NW CORNER SEC 17 T26S R22E; SLM; AND PROC THENCE WITH SAID LINE S 89°52'00"E 250.4 FT; THENCE S 15.6 FT TO A FENCE; THENCE WITH SAID N 89°07'29"W 122.9 FT; THENCE WITH A FENCE N88°19'25"W 127.6 FT; THENCE NORTH 10.0 FT TO POB. 0.076 AC TOGETHER WITH AN ACCESS EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS LOT 43 SEC 17 T26S R22E; SLM. TOTAL 4.89 AC $323,772 4.86 01-0017- 0003 SEC 17 T26S R22E LOT 45; LOT 46; LOT 55 OF THE GOVERNMENT SMALL TRACTS 9.03 AC LESS 0.24 AC± FOR THE ROAD $511,655 8.32 01-0017- 0004 LOT 56 SEC 17 T26S R22E SLM; THAT IS LYING EAST OF THE CENTERLINE OF US HWY 191 AND EAST CENTERLINE OF MILLCREEK DRIVE. $232,166 2.62 01-0017- 0005 LOT 65 SEC 17 T26S R22E $275,854 3.47 01-0017- 0006 LOTS 63; 64 SEC 17 T26S R22E SLB&M 3.29 AC± $139,299 0.70 01-0017- 0008 ** LOT 5 SEC 17 T26S R22E 34.06 AC $1,442,112 27.21 01-0017- 0008 ** LOT 5 SEC 17 T26S R22E 34.06 AC $0 2.70 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 22.28 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 24.71 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 26.81 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 2.86 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 0.11 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 2.18 01-0017- 0009 *** LOTS 34 35 & 36 SEC 17 T26S R22E SLB&M 108.40 AC M-O-L $0 2.03 Page 231 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 01-0018- 0001 ** SIANEIANE'/4 SEC 18 T26S R22E SLBM: *** PARCEL B: BEG AT A POINT 593.6 FT W OF TH E NE COR SEC 18 T26S R22E SLBM; TH S 0°03'W 660.25 FT; E 66 FT; N 0°03'E 597.53 FT; N 46°26'W 91.01 FT TO POB. TOTAL 20.95 AC $0 0.96 01-0018- 0001 ** S'/2NEY4NE% SEC 18 T26S R22E SLBM: *** PARCEL B: BEG AT A POINT 593.6 FT W OF TH E NE COR SEC 18 T26S R22E SLBM; TH S 0°03'W 660.25 FT; E 66 FT; N 0°03'E 597.53 FT; N 46°26'W 91.01 FT TO POB. TOTAL 20.95 AC $0 18.26 01-0018- 0001 ** SIANEIANE% SEC 18 T26S R22E SLBM: *** PARCEL B: BEG AT A POINT 593.6 FT W OF TH E NE COR SEC 18 T26S R22E SLBM; TH S 0°03'W 660.25 FT; E 66 FT; N 0°03'E 597.53 FT; N 46°26'W 91.01 FT TO POB. TOTAL 20.95 AC $0 0.60 01-0018- 0001 ** SIANEIANE'/4 SEC 18 T26S R22E SLBM: *** PARCEL B: BEG AT A POINT 593.6 FT W OF TH E NE COR SEC 18 T26S R22E SLBM; TH S 0°03'W 660.25 FT; E 66 FT; N 0°03'E 597.53 FT; N 46°26'W 91.01 FT TO POB. TOTAL 20.95 AC $0 0.11 01-0018- 0001 ** SY2NE'/NE'/4 SEC 18 T26S R22E SLBM: *** PARCEL B: BEG AT A POINT 593.6 FT W OF TH E NE COR SEC 18 T26S R22E SLBM; TH S 0°03'W 660.25 FT; E 66 FT; N 0°03'E 597.53 FT; N 46°26'W 91.01 FT TO POB. TOTAL 20.95 AC $0 0.84 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 6.58 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 25.51 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 33.32 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 0.39 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 1.64 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 1.89 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 24.84 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 2.68 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 0.22 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 3.43 01-0018- 0002 ** SENW; S1/2NE; N1/2SE; SESE; 237.42 AC $0 0.31 02-0007- 0001 BEG AT A PT WHICH BEARS N 662.87 FT AND W 1174.00 FT FROM THE SE COR SEC 7 T26S R22E SLM; $273,571 5.17 Page 232 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres TH N 0°30'E 283.4 FT TO NE CORNER FRANCIS PARCEL TH S 89°30'28"E 32.59 FT; TH S 0°29'51 "W 74.85 FT; N 89°29'58"E 295.33 FT; TH S 0°29'56"W 167.67 FT; TO SW COR OF DECKER PARCEL TH S 89°43'20"E 208.27 FT; S 0°12'24"W 77.64 FT; TO SW COR OF GWINN TH S 87°37'E 157.1 FT; TH S 2°44'34"E 29.58 FT; TH S 1 °13'W 413.2 FT TH FOLLOWING HWY R-O-W ALONG A 6466.3 FT RADIUS CURVE TO THE LEFT APPROX. 839.62 FT (CHORD BEARS N 54°45'33"W 839.77 FT) TO PT OF BEG. 5.39 AC M-O-L BEG AT SE COR SEC 7 T26S R22E THENCE N89°58'W 287.9 FT TO R-O-W OF HWY 191 TH WITH SAID R-O-W ALONG THE ARC OF A 6466.3 FT RADIUIS CURVE TO THE LEFT 264.7 FT (CHORD BEARS N49°09'W 264.7 FT); THENCE N 1°13'E 413.2 FT; S 75°24'E 259.3 FT; S2°25'W 127.3 FT; N85°11'E 160.0 FT; S28°10'E 164.5 02-0007- FT TO E LN SE% SEC 7; TH S 0°44'W 262.4 FT TO POB. 0003 4.86 AC $418,353 4.86 BEG COR WHICH BEARS N 947.6 FT & W 1320.9 FT FROM SE COR SEC 7 T26S R22E SLB&M & PROC S 0°30'W 194.8 FT (RECORD 246.8 FT) TO COR N R/W US HWY 191 TO RIGHT S'LY WITH SAID HWY R/W CURVE; CHORD WHICH BEARS S 58°49'E 173.7 FT 02-0007- (RECORD 174.3 FT); N 0°30'E 283.4 FT (RECORD 338 0005 FT) N 89°30'W 149.4 FT POB 0.82 AC $161,578 0.88 BEG POINT WHICH BEARS N 907.9 FT & W 635.2 FT FROM SE COR SEC 7 T26S R22E; PROC N 89°30'W 208.71 FT; S 0°30'W 40.2 FT; N 89°30'W 295.34 FT; N 0°30E 72 FT; S 89°30'E 48.52 FT; N 0°30'E 78 FT; S 89°30'E 302.89 ALONG FENCE LINE TO THE SW COR 02-0007- OF OATES; S79°31'17"E 35.57 FT S 64°50'19"E 130.87 0007 FT ; S 0°30'W 51 FT POB. 1.37 AC $219,792 1.77 BEG 593.6 FT W SE COR SEC 7 T26S R22E; N 51 °50'W 02-0007- ALONG HWY R/W 415.9 FT; S 262.4 FT TO SEC LINE; E 0008 ALONG SEC LINE 333.9 FT POB. 1.13 AC $182,675 1.00 BEG AT A PT WHICH BEARS N 60°10'W 1758.4 FT FROM SE COR SEC 7 T26S R22E SLM & PROC TH WITH THE N'LY R/W US HWY 191 ALNG THE ARC OF A 6466.3 FT RAD CUR TO THE LFT 322.5 FT; TH N 288.1 FT; TH N 89°56'E 287.1 FT; TH S 435.3 FT TO POB & 02-0007- CONT 2.37 AC M-O-L SUB TO A 25' DITCH R/W ASSOC 0032 WITH WATER USER'S CLAIM 05-859 $242,607 2.37 BEG AT POINT WHICH BEARS N 89°58'W 1776.4 FT FROM SE COR SEC 7 T26S R22E SLB&M & PROC N 89°58'W 212.5 FT; N 0°30'E 414 FT; N 89°58'W 190.65 FT; N 0°30'E 190.3 FT; S 89°45'E 116.19 FT; N 308.6 FT TO S'LY R/W HWY 191; TH S65°36'E 37.6 FT; TH WITH SAID R/W TH ALONG A 6266.3 FT RADIUS CURVE TO 02-0007- RIGHT 791.97 FT;(CHR BRG= S61°57'42"E 791.45) TH S 0033 526.2 FT; TO SOUTH LN SAID SEC 7 TH N 89°58'W $137,749 6.26 Page 233 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 238.7 FT TO SE COR OF RYAN HOLYOAK; TH N 204.9 FT TH S 89°57'41"E 206.8 FT; TH N 0°30'E 260.89 FT; N 89°45'W 417.42 FT TH S 0°30'W 466.46 FT TO POB. 8.60 AC MORE OR LESS (APPROX. THE W 26.48 OF THIS PARCEL IS STILL IN THE NAME OF RAY & RUTH C. HOLYOAK; SEE BOOK 438 PG 149-153. THE BEG PT APPEARS TO BE IN ERROR.) BEG AT POINT WHICH BEARS N 19°22'E 645.3 FT FROM THE SlA COR SEC 7 T26S R22E SLBM; TH N 0°30'E 206.7 FT; S 89°45'E 242.3 FT; TH N 3°15'E 140.8 FT TO A COR ON THE S'LY R/W OF US HWY 191; TH WITH SAID R/W S 65°36'E 99.8 FT; TH S 308.6 FT; TH N 02-0007- 89°42'W 142.3 FT; TH N 0°30'E 2.0 FT; TH N 89°45'W 0034 200.7 FT TO THE POB 1.89 AC $461,069 1.85 BEG S 89°45'E 417.42 FT FROM S1/4 COR SEC 7 T26S R22E; TH N 0°30'E 208.71 FT; S 89°45'E 208.71 FT; S 0°30'W 521.79 FT; N 89°45'W 208.71 FT; N 0°30'E 313.08 FT TO POB 2.50 AC SUBJECT TO A R/W 8 FT 02-0007- WIDE PARALLEL AND ADJOINT TO E BNDRY LN 0035 (123/34) $90,000 2.50 BEG AT POINT N 0°30'E 208.71 FT & S 89°45'E 417.42 FT FROM S1/4 COR SEC 7 T26S R22E; TH S 89°45'E 208.71 FT; N 0°30'E 208.71 FT; N 89°45'W 208.71 FT; S 0°30'W 208.71 FT TO POB 1.00 AC SUBJECT TO R/W 02-0007- 8.71 FT WIDE RUNNING NORTH -SOUTH ALNG EAST 0036 BNDRY OF PARCEL (105/594) $60,000 1.00 BEG 948.74 FT N ALONG THE SEC LINE FROM S1/4 COR SEC 7 T26S R22E; TH N ALONG'/4 SEC LINE 215.0 FT TO S BDRY US HWY 160; TH S 65°39'E 02-0007- ALONG SAID R/W 220.3 FT; TH S 215.0 FT; TH N 0037 65°39'W 220.3 FT TO BEG. 1.00 AC $450,532 0.99 BEG S89°58'W 1567.7; N 208.7 FT FROM SE COR SEC 7 T26S R22E; TH N89°58'W 208.7 FT; NO°30'E 260.89 02-0007- FT; N89°49'E 417.42 FT; SO°15'21"W 55.04 FT; 0038 N89°45"W 208.7 FT; S 208.7 FT TO POB. 1.51 AC± $131,673 1.50 BEG ON E SIDE OF A LANE N 815.5 FT & E 229.8 FT FROM THE SlA COR SEC 7 T26S R22E; TH N 2°19'E 243.1 FT TO S R/W HWY 163; TH ALONG R/W S 02-0007- 65°39'E 248.6 FT; TH WITH FENCE LINE S 3°15'W 141.6 0039 FT; N 89°45'W 228.3 FT TO BEG 1.01 AC $382,497 1.01 BEG AT POINT WHICH BEARS N 879.4 FT FROM SY/4 COR SEC 7 T26S R22E SLB&M & PROC TH N 69.4 FT; 02-0007- S 65°39'E 220.3 FT; S 1 °20'E 36.1 FT; N 74°03'W 209.6 0042 FT TO POB 0.24 AC $17,249 0.25 BEG 521.775 FT N 0°30'E OF S'/ COR OF SEC 7 T26S R22E; S 89°45'E 208.71 FT; N 0°30'E 104.355 FT; N 02-0007- 89°45'W 208.71 FT; TH S 0°30'W 104.355 FT TO BEG. 0043 0.50 AC $158,609 0.48 02-0007- BEG AT POINT 417.42 FT & N 0°30'E FROM S1/4 COR 0044 SEC 7 T26S R22E SLBM & RNG TH S 89°45'E 208.71 $85,031 0.48 Page 234 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres FT; N 0°30'E 104.355 FT; N 89°45'W 208.71 FT; S 0°30'W 104.355 FT TO POB 0.50 AC COMM AT POINT N 0°30'E 208.71 FT & S 89°45'E 208.71 FT FROM S1/4 COR SEC 7 T26S R22E & RNG 02-0007- TH S 89°45'E 208.71 FT; N 0°30'E 208.71 FT; N 89°45'W 0045 208.71 FT; S 0°30'W 208.71 FT TO BEG. 1.00 AC $236,675 0.96 BEG AT POINT N 0°30'E 208.71 FT FROM S1/4 COR SEC 7 T26S R22E RNG TH S 89°45'E 208.71 FT; N 02-0007- 0°30'E 208.71 FT; N 89°45'W 208.71 FT; S 0°30'W 208.71 0046 FT TO POB. 1.00 AC $158,915 0.96 BEG AT POINT FROM WHENCE THE 1/4 SEC COR IS COMMON TO SEC 7 T26S R22E & SEC 18 T26S R22E SLM BEARS N 89°45'W 208.7 FT; N 0°30'E 104.3 FT; S 89°45'E 208.7 FT; S 0°30'W 104.3 FT; S 0°30'W 208.7 02-0007- FT; N 89°45'W 208.7 FT; N 0°30'E 208.7 FT TO POB 1.50 0047 AC WATER RIGHT NO 05-274 $89,148 1.50 BEG AT POINT S 89°45'E 208.7 FT & N 0°30'E 104.3 FT FROM S1/4 COR SEC 7 T26S R22E; RNG N 0°30'E 02-0007- 104.41 FT; S 89°45'E 208.7 FT; S 0°30'W 104.41 FT; N 0048 89°45'W 208.7 FT TO BEG. 0.50 AC $40,000 0.50 BEG AT S% COR SEC 7 T26S R22E; TH N 0°30'E 02-0007- 208.71 FT; S 89°45'E 208.71 FT; S 0°30'W 208.71 FT; N 0049 89°45'W 208.71 FT TO BEG. 1.00 AC $60,000 1.00 BEG AT S% COR SEC 7 T26S R22E; TH W ALONG SAID SEC LINE 660 FT; NE'LY TO A PT 1301.39 FT N AND 1950.55 FT E OF THE SW COR SEC 7 TH N 88°41'E 91.32 FT; TH N 89°45'E 177 FT; N 53°54'E 22.65 FT; N 63.05 FT TO S LINE U.S. HWY 160 R/W; S 65°39'E ALONG SAID R/W TO E LINE SE'/4SW1/4 SEC 7; TH S ALONG SAID 40 AC LINE TO POB 19.71 AC -\- SUBJECT TO A STORM DRAINAGE RETENTION BASIN ESMNT BEG AT A PT WHICH BEARS N 33°33'W 129.4 FT S'/4COR SEC 7 T26S R22E & PROC TH S 86°00'W 02-0007- 375.0 FT; N 4°00'W 250.0 FT; N 86°00'E 375.0 FT S 0090 4°00'E 250.0 FT TP BEG $366,323 19.75 BEG AT COR ON N'LY R/W OF HWY 191 SAID COR BEARS N 60°35'W 2080.1 FT FROM SE COR SEC 7 T26S R22E SLB&M & PROC WITH SAID R/W ALONG A 6466.3 FT RADIUS CURVE TO LEFT 142 FT; (CHORD BEARS N 64°58'W 142.0 FT) TH N 65°36'W 66.0 FT; N 02-0007- 200.6 FT; N 89°56'E 188.8 FT; S 288.1 FT TO POB 1.06 0129 AC $767,251 1.05 BEG N 89°58'W 1567.7 FT FROM SE COR SEC 7 T26S R22E; TH N 417.4 FT; S 89°58'E 208.7 FT; S 417.4 FT; N 89°58'W 208.7 FT TO POB 2.00 AC± SUBJECT TO AN 02-0007- EASEMENT FOR INGRESS AND EGRESS HOLYOAK 0134 EXEMPTION EN 445627 BK 522 PG 438 $130,488 1.89 BEG N89°58'W 1567.7 FT FROM SE COR SEC 7 T26S 02-0007- R22E; TH N89°58'W 420.6 FT; NO°30'E 208.7 FT; 0150 S89°58'E 418.7 FT; S 208.7 FT TO POB. 2.01 AC± $134,427 1.88 Page 235 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 02-0007- 0152 BEG AT A PT WHICH BEARS N 27°01'E 467.4 FT FROM THE S Y4 COR SEC 7 T26S R22E AND TH N 0°30'E 192.3 FT; TH S 89°45'E 200.7 FT; TH S 0°30'W 2.0 FT; TH S 89°42'E 26.1 FT; TH S 0°30'W 190.3 FT; TH N 89°45'W 226.8 FT TO THE POB AND CONT 1.0 AC M-0- L $180,775 0.96 02-0007- 0153 BEG AT A PT WHICH BRS N 60°10'W 1758.4 FT FROM THE SE COR SEC 7 T26S R22E SLM & PROC TH N 435.3 FT; TH N 89°56'E APPROX 212.1 FT TO THE E LN OF HOLYOAK; TH WITH SAID LINE S 0°54'W 362.9 FT; TH S 89°30'E 3.5 FT; TH S 0°30'W 193.0 FT TO THE N'LY RW. OF US HWY 191; TH WITH R/W APPROX 237.0 FT TO POB AND CONT 2.38 AC M-O-L«» LESS 1.07 AC FOR ROAD (EN 434081 BK 476 PG 65-76 6/14/95) & STORM DRAINAGE ESMT (EN 469233 BK 655 PG 86) TAXABLE ACREAGE 1.31 AC $162,062 1.31 02-0007- 0159 BEG AT A POINT ON TH N R/W OF US HWY 191 THAT BEARS N 61°00'W 2287.5 FT FROM THE SE COR OF SEC 7 T26S R22E SLBM; TH WITH SAID HWY R/W N 65°36'W 139.30 FT; TH N 142.91 FT; TH N 89°56'E 126.85 F TH S 200.6 FT TO POINT OF BEG. 0.50 AC ---- (PREVIOUS TAX ID # 02-007-0138) $191,304 0.51 02-0007- 0160 BEG AT A POINT ON TH N R/W OF US HWY 191 THAT BEARS N 61°00'W 2287.5 FT FROM THE SE COR OF SEC 7 T26S R22E SLBM; TH WITH SAID HWY R/W N 65°36'W 484.3 FT; TH N 89°56'E 441.1 FT; TH S 200.6 FT TO POINT OF BEG. LESS BEG AT A POINT ON TH N R/W OF US HWY 191 THAT BEARS N 61 °00'W 2287.5 FT FROM THE SE COR OF SEC 7 T26S R22E SLBM; TH WITH SAID HWY R/W N 65°36'W 139.30 FT; TH N 142.91 FT; TH N 89°56'E 126.85 F TH S 200.6 FT TO POINT OF BEG. 0.50 AC $107,638 0.51 02-0017- 0015 BEG N 0°08'W 1595 FT FROM THE S'/ COR SEC 17 T26S R22E SLBM RUNING TH N 187 FT; TH E 198 FT; S 187 FT; TH W 198 FT TO POB 0.85 AC M-O-L $296,163 0.86 02-0017- 0023 BEG AT POINT WHICH BEARS S 1316.7 FT & E 344.8 FT FROM C1/4 COR SEC 17 T26S R22E SLB&M; PROC N 89°15'E 508.7 FT; S 0°03'E 157.8 FT; S 89°15'W 477.2 FT; N 37°54'W 180 FT; N 78°32'43"E 80 FT TO POB 1.93 AC $397,190 1.77 02-0017- 0025 ** BEG N 0°0'E 479 FT FROM S 1/4 COR SEC 17 T26S R22E SLB&M & PROC N 0°04'E 829 FT; S 37°54'E APPROX 1040 FT; S 89°16'W APPROX 635 FT TO POB 6.09 AC $307,725 5.81 02-0017- 0025 ** BEG N 0°0'E 479 FT FROM S 1/4 COR SEC 17 T26S R22E SLB&M & PROC N 0°04'E 829 FT; S 37°54'E APPROX 1040 FT; S 89°16'W APPROX 635 FT TO POB 6.09 AC $0 0.28 02-0017- 0026 ** BEG AT COR WHICH BEARS N 0°04'E 209.5 FT ALONG N-S 1/4 SEC LINE FROM S1/4 COR SEC 17 T26S R22E $380,709 3.80 Page 236 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres SLB&M & PROC N 0°04'E 269.5 FT ALONG SAID SEC LN; N 89°16'E 668.2 FT TO A PT ON THE WEST R-O-W OF U S HWY 191; S 37°55'E 338.3 FT; S 89°16'W 876.4 FT TO POB 4.78 AC «»SUBJECT TO A 10 FT WIDE SEWER ESMT EN 474967 BK 682 PG 521 BEG AT COR WHICH BEARS N 0°04'E 209.5 FT ALONG N-S 1/4 SEC LINE FROM S1/4 COR SEC 17 T26S R22E SLB&M & PROC N 0°04'E 269.5 FT ALONG SAID SEC LN; N 89°16'E 668.2 FT TO A PT ON THE WEST R-O-W OF U S HWY 191; S 37°55'E 338.3 FT; S 89°16'W 876.4 FT TO POB 4.78 AC «»SUBJECT 02-0017- TO A 10 FT WIDE SEWER ESMT EN 474967 BK 682 PG 0026 ** 521 $0 0.97 LOT 6 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 2.81 AC --- ALSO A PORTION OF GOV. LOT 18; SEC 17 T26S R22E; DESC. AS FOLLOWS: BEG AT THE NW COR GOV. LOT 18; SEC 17 T26S R22E SLM; THENCE 02-0017- N 89°43'E 127.1 FT S 54°08'W 100.8 FT; N 37°52'W 74.0 0113 FT TO BEG. 0.085 AC. TOTAL 3.00 AC $257,962 2.91 02-0017- 0114 LOT 7 SEC 17 T26S R22E 2.40 AC $941,951 2.39 02-0017- LOT 8 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0115 2.40 AC $434,655 2.40 02-0017- LOT 9 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0116 1.98 AC $294,633 2.36 02-0017- 0117 LOT 10 SEC 17 T26S R22E 1.98 AC $154,170 2.40 02-0017- LOT 11 SEC 17 T26S R22E SMALL TRACTS 0118 SUBDIVISION 2.40 AC M-O-L $118,919 2.40 BEG N 52°08'E 165 FT FROM SW'LY COR LOT 12 SEC 17 T26S R22E SLB&M & PROC N 37°52'W 264 FT; N 02-0017- 52°08'E 479.16 FT; S 0°07'W 336.6 FT; S 52°08'W 273.24 0119 FT TO POB 2.28 AC $143,360 2.30 02-0017- 0120 LOT 13 SEC 17 T26S R22E 2.83 AC $150,642 2.83 02-0017- 0121 LOT 14 SEC 17 T26S R22E 1.96 AC $87,406 2.14 02-0017- 0122 LOT 15 SEC 17 T26S R22E 2.92 AC $130,216 2.91 DESCRIPTION OF A PORTION OF LOTS 22 & 23 SEC 17 T26S R22E SLBM MORE PARTICULARLY ESCRIBED AS FOLLOWS: BEG AT COR COMMON TO LOTS 23; 24; 31 & 32; SEC 17 T26S R22E; TH N 02-0017- 37°52'W 561 FT; TH N 52°08'E 198 FT; TH S 37°52'E 561 0131 ** FT; TH S 52°08'W 198 FT TO POB. 2.55 AC $682,738 1.84 DESCRIPTION OF A PORTION OF LOTS 22 & 23 SEC 17 T26S R22E SLBM MORE PARTICULARLY 02-0017- ESCRIBED AS FOLLOWS: BEG AT COR COMMON TO 0131 ** LOTS 23; 24; 31 & 32; SEC 17 T26S R22E; TH N $0 0.10 Page 237 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 37°52'W 561 FT; TH N 52°08'E 198 FT; TH S 37°52'E 561 FT; TH S 52°08'W 198 FT TO POB. 2.55 AC DESCRIPTION OF A PORTION OF LOTS 22 & 23 SEC 17 T26S R22E SLBM MORE PARTICULARLY ESCRIBED AS FOLLOWS: BEG AT COR COMMON TO LOTS 23; 24; 31 & 32; SEC 17 T26S R22E; TH N 02-0017- 37°52'W 561 FT; TH N 52°08'E 198 FT; TH S 37°52'E 561 0131 ** FT; TH S 52°08'W 198 FT TO POB. 2.55 AC $0 0.48 DESCRIPTION OF A PORTION OF LOTS 22 & 23 SEC 17 T26S R2E DESCRIBED AS FOLLOWS: BEG AT COR OF LOTS 23 & 24; SEC 17 T26S R22E; THAT IS ON THE W'LY R-O-W OF US HWY 191 AND PROECEEDING THENCES 52°08'W 198 FT; TH N 37°52'W 561 FT; TH N 02-0017- 52°08'E 198 FT; TH WITH W'LY R-O-W HWY 191; S 0132 37°52'E 561 FT TO POB. 2.55 AC $144,040 2.42 02-0017- LOT 24 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0133 ** 2.70 AC $168,157 1.87 02-0017- LOT 24 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0133 ** 2.70 AC $0 0.52 02-0017- LOT 25 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0134 ** 2.40 AC $311,832 1.89 02-0017- LOT 25 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0134 ** 2.40 AC $0 0.51 BEG AT MOST NE'LY COR LOT 26 SEC 17 T26S R22E SLB&M & PROC S 37°52'E 249 FT; S 52°08'W 209.93 02-0017- FT; N 37°52'W 249 FT; N 52°08'E 209.93 FT TO POB 0135 1.20 AC $173,833 1.20 02-0017- LOT 27 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0136 ** 2.40 AC $83,047 1.91 02-0017- LOT 27 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0136 ** 2.40 AC $0 0.48 02-0017- LOT 28 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0137 ** 2.50 AC $89,189 2.10 02-0017- LOT 28 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0137 ** 2.50 AC $0 0.30 LOT 29 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 02-0017- 2.60 AC --- SUBJECT TO A 33 FT WIDE PUBLIC RIGHT 0138 OF WAY ON THE WESTERLY BOUNDARY. $137,971 1.80 02-0017- LOT 30 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0139 ** 2.60 AC $0 0.27 02-0017- LOT 30 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0139 ** 2.60 AC $140,945 2.13 02-0017- LOT 32 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0140 ** 2.92 AC $0 0.33 02-0017- LOT 32 SEC 17 T26S R22E SMALL TRACTS SUB-DIV 0140 ** 2.92 AC $143,600 3.17 LOT 33 SEC 17 T26S R22E SMALL TRACTS SUB-DIV & 02-0017- SW 1/2 LOT 31 SEC 17 T26S R22E 4.06 AC LESS 0.58 0141 ACRES FOR THE ROAD 3.48 AC $107,400 2.40 Page 238 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 02-0017- 0145 BEG AT POINT 1350 FT N 0°08'W FROM 1/4 COR COMMON WITH SEC 17 T26S R22E & SEC 20 T26S R22E SLB&M & PROC N 89°15'E 340 FT; N 0°08'W 245 FT; S 89°15'W 340 FT; S 0°08'E 245 FT TO POB LESS THAT AREA RESERVED FOR STATE HWY 191 R/W 1.38 AC $230,080 1.39 02-0017- 0149 ** BEG AT THE NW COR LOT 26 SEC 17 T26S R22E SLB&M & PROC N 52°08'E 186.07 FT; S 37°52'E 249 FT; N 52°08'E 209.93 FT; S 37°52'E 15 FT; S 52°08'W 396 FT; N 37°52'W 264 FT TO POB 1.20 ACRES M-O-L $0 0.50 02-0017- 0149 ** BEG AT THE NW COR LOT 26 SEC 17 T26S R22E SLB&M & PROC N 52°08'E 186.07 FT; S 37°52'E 249 FT; N 52°08'E 209.93 FT; S 37°52'E 15 FT; S 52°08'W 396 FT; N 37°52'W 264 FT TO POB 1.20 ACRES M-O-L $0 0.29 02-0017- 0149 ** BEG AT THE NW COR LOT 26 SEC 17 T26S R22E SLB&M & PROC N 52°08'E 186.07 FT; S 37°52'E 249 FT; N 52°08'E 209.93 FT; S 37°52'E 15 FT; S 52°08'W 396 FT; N 37°52'W 264 FT TO POB 1.20 ACRES M-O-L $42,811 1.02 02-0017- 0150 ** NE1/2 OF LOT 31 SEC 17 T26S R22E SLB&M 1.46 AC $0 0.26 02-0017- 0150 ** NE1/2 OF LOT 31 SEC 17 T26S R22E SLB&M 1.46 AC $38,200 1.04 02-0017- 0157 BEG AT NW COR SEC 17 T26S R22E SLB&M & PROC S 89°52'E 325.7 FT; S 13°46'E 697.5 FT; WITH E'LY R/W HWY 191 ALONG A 6566.3 FT RADIUS CURVE TO LEFT 733.8 FT (SAID CURVE HAS CHORD WHICH BEARS N 42°08'W 732.8 FT); N 0°01'W 134.8 FT TO POB 3.19 AC ---LESS PORTION TO GRAND COUNTY: NWIANW'/4 SEC 17 T26S R22E DESCRIBED AS FOLLOWS: BEG AT THE SE COR BEING OF SAID ENTIRE TRACT; BEING THE INTERSECTION POINT OF THE NE'LY HWY R-O-W LINE OF SR 191 AND W'LY R- OW LINE OF MILL CREEK DRIVE WHICH POINT IS S 01 °17'43"E 667.75 FT ALONG THE SECTION LINE AND EAST 490.92 FEET FROM THE NW COR OF SAID SECTION 17; AND RUNNING THENCE N 40°34'46"W 94.41 FT ALONG THE SW BNDRY LINE OF SAID ENTIRE TRACT AND SAID HWY R-O-W LINE TO A POINT 46.26 FT RADIALLY DISTANT W'LY FROM THE C/L OF SAID PROJECT; OPPOSITE APPROX ENGINEERS STATION 12+34.99; THENCE 159.23 FT ALONG THE ARC OF 344.23 FOOT RADIOUS NON TANGENT CURVE TO THE LEFT ( CHORD BEARS N 00°0512"E 157.81 FT: TO A POINT IN THE E'LY BOUNDARY LINE OF SAID ENTIRE TRACT AND THE EXISTING W'LY R-O-W LINE OF MILL CREEK DR; THENCE S 14°55'28"E 237.53 FT ALONG SAID E'LY BOUNDARY LINE SAID $983,859 3.09 Page 239 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres W'LY R-O-W TO THE POB; CONTAIN 3888 SQ FT OR 0.089 AC; TOTAL 3.10 AC BEG AT MOST S'LY COR LOT 12 SEC 17 T26S R22E 02-0017- SLB&M & PROC N 37°52'W 26 4 FT; N 52°08'E 165 FT; S 0165 37°52'E 264 FT; S 52°08'W 165 FT TO POB 1.00 AC $100,000 1.00 BEG AT THE SOUTHERN MOST COR OF LOT 12 SEC 17 T26S R22E; TH N 37°54'W 792.0 FT MORE OR LESS ALNG THE NE'LY R/W LINE OF HWY 191; TH S 52°06'W 02-0017- 100.0 FT' TH S 37°54'E 792.0 FT; TH N 52°06'E 100.0 FT 0172 TO BEG 1.82 AC $0 1.82 NW'/NW'/ SEC 17 T26S R22E DESCRIBED AS FOLLOWS: BEG AT THE SE COR BEING OF SAID ENTIRE TRACT; BEING THE INTERSECTION POINT OF THE NE'LY HWY R-O-W LINE OF SR 191 AND W'LY R- OW LINE OF MILL CREEK DRIVE WHICH POINT IS S 01 °17'43"E 667.75 FT ALONG THE SECTION LINE AND EAST 490.92 FEET FROM THE NW COR OF SAID SECTION 17; AND RUNNING THENCE N 40°34'46"W 94.41 FT ALONG THE SW'LY BOUNDARLY LINE OF SAID ENTIRE TRACT AND SAID HWY R-O-W LINE TO A POINT 46.26 FT RADIALLY DISTANT W'LY FROM THE C/L OF SAID PROJECT; OPPOSITE APPROX ENGINEERS STATION 12+34.99; THENCE 159.23 FT ALONG THE ARC OF 344.23 FOOT RADIOUS NON TANGENT CURVE TO THE LEFT ( CHORD BEARS N 00°05'12"E 157.81 FT: TO A POINT IN THE E'LY BOUNDARY LINE OF SAID ENTIRE TRACT AND THE EXISTING W'LY R-O-W LINE OF MILL CREEK DR; THENCE S 14°55'28"E 237.53 FT ALONG SAID E'LY 02-0017- BOUNDARY LINE SAID W'LY R-O-W TO THE FOB; 0191 CONTAIN 3888 SQ FT OR 0.089 AC; 0 0.09 02-0018- 0000 $0 2.34 BEG AT A POINT WHICH BEARS S 28°02'W 412.1 FT FROM THE NE COR SEC 18 T26S R22E SLM & PROCEEDING THENCE WITH THE W'LY R/W OF US HWY 191 ALNG THE ARC OF THE 6266.3 FT RAD CUR TO THE RIGHT 113.4 FT THENCE S 48°36'W 323.8 FT; 02-0018- N 89°57'W 171.0 FT; N 48°36'E 445.6 FT TO POB AND 0001 CONT 1.0 ACRES M-O-L $37,099 1.00 BEG AT NE COR SEC 18 T26S R22E SLB&M & PROC THENCE WITH THE E LN SAID SEC 18 S 0°03'W 275.4 FT (REC=S 334 FT) TO THE N'LY R-O-W OF HIGHWAY 191 ; THENCE TO THE LEFT ALONG A 6466.3 FT RADIUS CURVE 398.5 FT (CHD BRG = N 46°15'W 398.4 FT CA=3°31'51") TO A COR ON THE N LN SAID SEC 18 02-0018- THENCE WITH SAID SEC LN S 89°58'E 288.1 FT TO 0002 POB 0.89 AC $198,229 0.89 Page 240 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 02-0018- 0003 BEG A POINT WHICH BEARS N 89°57'W 593.6 FT FROM THE NE COR SEC 18 T26S R22E; PROC S 0°03'W 260.92 FT; N 89°57'W 333.9 FT; N 0°03'E 260.92 FT; S 89°57'E 333.9 FT POB. 2.00 AC $204,732 2.00 02-0018- 0004 BEG AT A POINT WHICH BEARS WITH THE SECTION LINE N 89°57'W 760.6 FT; TH S 0°03'W 260.9 FT FROM THE NE COR SEC 18 T26S R22E SLM & PROC TH S 0°03'W 260.9 FT; N 89°55'W 167.0 FT; N 0°04'E 260.9 FT; S 89°57'E 167.0 FT TO POB 1.0 ACL -/- A 24 FT WIDE ESMTN FOR INGRESS & EGRESS : BEG AT A PT WHICH BRS WITH THE SEC LN N 89°57'W 760.6 FT & S 0°03'W 260.9' FROM THE NE COR SEC 18 T26S R22E; PROC TH S 0°03'W 24 FT; S89°57'E 167.0 FT N 0°03'E 24 FT; N89°57'W 167.0 FT TO POB $128,668 1.00 02-0018- 0006 BEG AT A COR WHICH BEARS WITH SEC LINE N 89°57'W 593.6 FT AND S 0°03'W 521.8 FT FROM THE NE COR SEC 18 T26S R22E SLB&M TH S 0°03'W 136.9 FT; N 89°56'W 333.9 FT; N 0°03'E 136.8 FT; TH S 89°57'E 334.0 FT POB 1.05 AC $105,080 1.05 02-0018- 0007 BEG AT A COR WHICH BEAR WITH SEC LINE N 89°57'W 593.6 FT & S 0°03'W 260.9 FT FROM THE NE COR SEC 18 T26S R22E SLM TH S 0°03'W 260.9 FT; N 89°57'W 167.0 FT; N 0 03'E 260.9 FT; S 89°57'E 167.0 FT TO POB. 1.00 AC $97,921 1.00 02-0018- 0008 BEG AT THE NE COR OF THE UNIVERSITY PROPERTY SAID COR BRS S 0°06'W 658.7 FT FROM THE NE COR SEC 18 T26S R22E SLM & PROC TH WITH THE N LN OF THE UNIV PROP N 89°57'W 356.0 FT; TH N 48°36'E 323.8 FT TO THE W'LY R/W US HWY 191; TH WITH SAID R/W ALNG THE ARC OF A 6266.3 FT RAD CUR TO THE RGHT 165.0 FT TO THE E LN SEC 18; TH S 0°06'W 94.5 FT TO THE POB & CONT 1.00 AC M-O-L $36,087 ' 1.00 02-0018- 0009 BEG AT THE E 1/16 COR SEC 7 & 18 T26S R22E SLM & PROC TH WITH THE N LN SEC 18 S 89°45'E 380.0 FT TO THE NW COR OF THE DALTON PROP TH WITH THE W LN OF THE BRIDGES & DALTON PROP S 0°03'W 658.5 FT TO THE N LN OF THE UNIV PROP THE N 89°57'W 382.2 FT; TH WITH 1/16 LN N 0°13'E 658.4 FT TO THE POB & CONT 5.76 AC M-O-L TOGETHER WITH ANY ESMT ASSOCIATED WITH THIS PROP AND SUBJECT TO A 66 FT WIDE ACCESS ESMT N OF AND ADJ TO S BNDRY $99,199 5.73 02-0018- 0010 ** BEG AT THE SW COR OF THE KEYSER TRUST PROP (UTAH PWR PROP) SAID COR BEARS WITH THE C% LN S 0°30'W 313.08 FT FROM THE N% COR SEC 18 T26S R22E SLM & PROC TH S 89°45'E 626.13 FT TO THE SE COR OF THE KEYSER PROP; TH N 0°30'E 313.08 FT?± TO THE NE COR OF THE KEYSER PROP; TH WITH THE N LN NE'/4 SEC 18 S 89°45'E 681.4 FT TO $0 1.58 Page 241 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres THE E 1/16 COR SEC 7 & 18 TH WITH THE 1/16 LN S 0°13'W 658.4 FT; TH N 89°57'W 1309.2 FT± TO THE C'/ LN; TH N'LY 345.1 FT TO THE POB & CONT 15.27 AC M-O-L -\- TOGETHER WITH & SUB TO A 33.0 FT WIDE ACCESS & UTILITY ESMT IN SEC 18 T26S R22E SLM LYING NORTH OF THE S BOUNDARY OF THE ABOVE DESC PARCEL\- TOGETHER WITH A 25 FT WIDE UTLTY ESMT WEST OF & ADJACENT TO FOLLOWING DESC LN: BEG AT THE NE COR OF THE NEIANW% SEC 18 T26S R22E LSM & PROC S ALONG E LN FOR 350 FT -\- SUB TO A 25 FT WIDE UTILITY ESMT W OF & ADJACENT TO EAST BNDRY & ANY & ALL OTHERS AS EVIDENCED 02-0018- 0010 ** BEG AT THE SW COR OF THE KEYSER TRUST PROP (UTAH PWR PROP) SAID COR BEARS WITH THE C% LN S 0°30'W 313.08 FT FROM THE N% COR SEC 18 T26S R22E SLM & PROC TH S 89°45'E 626.13 FT TO THE SE COR OF THE KEYSER PROP; TH N 0°30'E 313.08 FT?± TO THE NE COR OF THE KEYSER PROP; TH WITH THE N LN NE% SEC 18 S 89°45'E 681.4 FT TO THE E 1/16 COR SEC 7 & 18 TH WITH THE 1/16 LN S 0°13'W 658.4 FT; TH N 89°57'W 1309.2 FT± TO THE C'/ LN; TH N'LY 345.1 FT TO THE POB & CONT 15.27 AC M-O-L -\- TOGETHER WITH & SUB TO A 33.0 FT WIDE ACCESS & UTILITY ESMT IN SEC 18 T26S R22E SLM LYING NORTH OF THE S BOUNDARY OF THE ABOVE DESC PARCEL\- TOGETHER WITH A 25 FT WIDE UTLTY ESMT WEST OF & ADJACENT TO FOLLOWING DESC LN: BEG AT THE NE COR OF THE NE%NW% SEC 18 T26S R22E LSM & PROC S ALONG E LN FOR 350 FT -\- SUB TO A 25 FT WIDE UTILITY ESMT W OF & ADJACENT TO EAST BNDRY & ANY & ALL OTHERS AS EVIDENCED $0 0.15 02-0018- 0010 ** BEG AT THE SW COR OF THE KEYSER TRUST PROP (UTAH PWR PROP) SAID COR BEARS WITH THE C% LN S 0°30'W 313.08 FT FROM THE N'/4 COR SEC 18 T26S R22E SLM & PROC TH S 89°45'E 626.13 FT TO THE SE COR OF THE KEYSER PROP; TH N 0°30'E 313.08 FT?± TO THE NE COR OF THE KEYSER PROP; TH WITH THE N LN NE% SEC 18 S 89°45'E 681.4 FT TO THE E 1/16 COR SEC 7 & 18 TH WITH THE 1/16 LN S 0°13'W 658.4 FT; TH N 89°57'W 1309.2 FT± TO THE C'/ LN; TH N'LY 345.1 FT TO THE POB & CONT 15.27 AC M-O-L -\- TOGETHER WITH & SUB TO A 33.0 FT WIDE ACCESS & UTILITY ESMT IN SEC 18 T26S R22E SLM LYING NORTH OF THE S BOUNDARY OF THE ABOVE DESC PARCEL\- TOGETHER WITH A 25 FT WIDE UTLTY ESMT WEST OF & ADJACENT TO FOLLOWING DESC LN: BEG AT THE NE COR OF THE NEANW% SEC 18 T26S R22E LSM & PROC S ALONG E LN FOR $62,003 13.40 Page 242 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 350 FT -\- SUB TO A 25 FT WIDE UTILITY ESMT W OF & ADJACENT TO EAST BNDRY & ANY & ALL OTHERS AS EVIDENCED BEG AT A PT WHICH BEARS S 28°02'W 412.1 FT FROM THE NE COR SEC 18 T26S R22E SLM & PROC TH S 48°36'W 445.6 FT; TH N 0°03'E 603.4 FT TO THE W'LY R/W US HWY 191 TH WITH SAID R/W ALNG THE 02-0018- ARC OF A 6266.3 FT RAD CUR TO THE RGHT 454.9 FT 0011 TO POB & CONT 2.34 AC M-O-L $82,110 2.34 SY2 OF THE NW'/4NE'/ SEC 18 T26S R22E SLM SEC 18 T26S R22E CONT 19.8 AC M-O-L ESMT: 66.0 FT WIDE FOL C/L DESC: BEG AT A PT WHICH BRS S 64°30'W 1451.3 FT FROM THE NE COR SEC 18 T26S R22E SLM & PROC TH WITH SAID C/L ALNG THE ARC OF A 661.1 FT RAD CUR TO THE LFT 148.0 FT (CHD BRG=S83°38'W 147.7 FT); TH ALNG THE ARC OF 661.1 FT RAD CUR TO THE R 148.0 FT (CHD BRG=S 83°38'W 147.7 FT; TH WITH THE N LN OF THE S%NW%NE'/4 SAID SEC 18 N 89°57'W 1013.6 FT TO C1/4 LN SEC 18 THE TERMINUS OF THIS C/L ESMNT-\-ACCESS & UTLTY 66 FT WIDE ADJACENT TO & NORTH OF DESC N BEG IN THE NE COR OF S%NW%NE'/ & PROC S 89°57'E 382.2 FT -\-TOG WITH A 25' UTLTY ESMT WEST OF & ADJ TO DEC LN: BEG AT THE NE COR OF 02-0018- S'/2NW'/4NE'/4 SEC 18 T26S R22E & PROC WITH 1/16 0012 ** LN N 0°13'E 658.4 FT. $0 0.18 S% OF THE NW'/4NE% SEC 18 T26S R22E SLM SEC 18 T26S R22E CONT 19.8 AC M-O-L ESMT: 66.0 FT WIDE FOL C/L DESC: BEG AT A PT WHICH BRS S 64°30'W 1451.3 FT FROM THE NE COR SEC 18 T26S R22E SLM & PROC TH WITH SAID C/L ALNG THE ARC OF A 661.1 FT RAD CUR TO THE LFT 148.0 FT (CHD BRG=S83°38'W 147.7 FT); TH ALNG THE ARC OF 661.1 FT RAD CUR TO THE R 148.0 FT (CHD BRG=S 83°38'W 147.7 FT; TH WITH THE N LN OF THE S%NW'/4NE'/4 SAID SEC 18 N 89°57'W 1013.6 FT TO C% LN SEC 18 THE TERMINUS OF THIS C/L ESMNT-\-ACCESS & UTLTY 66 FT WIDE ADJACENT TO & NORTH OF DESC N BEG IN THE NE COR OF S%NW%NE% & PROC S 89°57'E 382.2 FT -\-TOG WITH A 25' UTLTY ESMT WEST OF & ADJ TO DEC LN: BEG AT THE NE COR OF 02-0018- S%NW%NE'/4 SEC 18 T26S R22E & PROC WITH 1/16 0012 ** LN N 0°13'E 658.4 FT. $40,100 17.36 LOTS 12; 13 & 20 SEC 20 T26S R22E 8.26 AC LESS 33 02-0020- FT ALNG THE SE'LY BNDRY OF LOT 20 AND LOT 12 0001 0.59 FOR SAN JOSE ROAD AC TOTAL 7.67 AC M-O-L $350,000 7.64 02-0020- 0002 LOT 14 SEC 20 T26S R22E 1.87 AC $73,050 1.58 02-0020- LOT 16 SEC 20 T26S R22E & LOT 61 SEC 21 T26S 0003 R22E SMALL TRACTS SUB 2.41 AC $107,705 2.40 Page 243 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 02-0020- 0005 LOT 18 SEC 20 T26S R22E SMALL TRACTS & LOT 63 SEC 21 T26S R22E 2.60 AC $321,382 2.40 02-0020- 0006 LOT 19 SEC 20 T26S R22E SMALL TRACTS SUB 2.70 AC $623,123 2.40 02-0020- 0007 LOT 22 SEC 20 T26S R22E -\- LESS: BEG AT NW COR LOT 22 SEC 20; SAID PT BEARS S 89°17'W 1236.8 FT FROM THE NE COR SEC 20 T26S R22E SLM TH N 89°17'E 263.5 FT; S 37°52'E 86.9 FT; S 52°08'W 90.0 FT; S 37°52'E 10.0 FT; S 52°08'W 120 FT; N 37°52'W 256 FT TO POB. 1.89 AC $156,853 1.90 02-0020- 0008 ** BEG AT COR COMMON TO LOTS 23; 24; 49 & 50; OF SEC 20; SAID COR BEARS N 89°17'E 415.8 FT AND S 37°52'E 479.8 FT FROM NIA COR SEC 20 T26S R22E SLM; TH N 37°52'W 120 FT; N 52°08'E 202 FT; N 71 °09'E 61.4 FT; N 52°O8'E 136.1 FT; S 37°50'E 100 FT; S 52°08'W 396 FT TO POB 1.02 AC $146,407 0.85 02-0020- 0008 ** BEG AT COR COMMON TO LOTS 23; 24; 49 & 50; OF SEC 20; SAID COR BEARS N 89°17'E 415.8 FT AND S 37°52'E 479.8 FT FROM NIA COR SEC 20 T26S R22E SLM; TH N 37°52'W 120 FT; N 52°08'E 202 FT; N 71 °09'E 61.4 FT; N 52°O8'E 136.1 FT; S 37°50'E 100 FT; S 52°08'W 396 FT TO POB 1.02 AC $0 0.16 02-0020- 0009 ** LOT 24 SEC 20 T26S R22E SMALL TRACTS SUB 2.40 AC $286,311 2.05 02-0020- 0009 ** LOT 24 SEC 20 T26S R22E SMALL TRACTS SUB 2.40 AC $0 0.35 02-0020- 0010 ** LOT 25 SEC 20 T26S R22E 2.70 AC LESS .30 AC FOR ARROYO RD EASEMENT $509,481 2.06 02-0020- 0010 ** LOT 25 SEC 20 T26S R22E 2.70 AC LESS .30 AC FOR ARROYO RD EASEMENT $0 0.34 02-0020- 0011 ** LOT 26 SEC 20 T26S R22E SMALL TRACTS SUB 2.70 AC $279,817 2.07 02-0020- 0011 ** LOT 26 SEC 20 T26S R22E SMALL TRACTS SUB 2.70 AC $0 0.33 02-0020- 0012 ** LOT 27 SMALL TRACTS SUBDIVISION SEC 20 T26S R22E 2.40 AC $0 2.08 02-0020- 0012 ** LOT 27 SMALL TRACTS SUBDIVISION SEC 20 T26S R22E 2.40 AC $0 0.32 02-0020- 0013 ** LOT 28 SMALL TRACT SUB SEC 20 T26S R22E 2.40 AC $332,107 2.10 02-0020- 0013 ** LOT 28 SMALL TRACT SUB SEC 20 T26S R22E 2.40 AC $0 0.30 02-0020- 0015 BEG AT THE CORNER COMMON TO GOV'T LOTS 30 & 31 SEC 20 T26S R22E SLM AND THE W'LY R/W OF US HWY 191 AND PROCEEDING TH WITH THE S LN OF SAID LOT 30 S 52°02'W 198.2 FT; N 37°50'W 132.2 FT; N 52°04'E 198.1 FT TO A COR ON THE W'LY R/W OF US HWY 191; TH WITH SAID R/W S 37°52'E 132.1 FT TO THE POB AND CONT 0.60 ACRES M-O-L 1.35 AC -\- SUBJECT TO AN EASEMENT BEG AT A PT ON THE $282,504 0.55 Page 244 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres W'LY R/W OF US HWY 191 SAID PT BEARS N 37°52'W 112.1 FT FROM THE COR COMMON TO GOV'T LOTS 30&31 AND SAID W'L R/W OF US HWY 191 AND PROCEEDING S 52°04'W 100.0 FT; N 37°52'W 40.0 FT; N 52°04'E 100.0 FT TO SAID W'LY R/W OF US HWY 191; TH WITH SAID R/W S 37°52'E 40.0 FT TO THE POB 02-0020- 0016 ** SW 1/2 OF LOT 30 SEC 20 T26S R22E 1.00 AC $127,298 0.90 02-0020- 0016 ** SW 1/2 OF LOT 30 SEC 20 T26S R22E 1.00 AC $0 0.30 PART OF LOT 31: BEG AT NW COR LOT 31 SEC 20 T26S R22E; SAID COR COMMON TO LOT 42; 43; 30 & 02-0020- 31; TH N 52°07'E 198 FT; S 37°52'E 264 FT; S 52°07'W 0017 ** 198 FT; N 37°52'W 264 FT TO POB 1.20 AC; M-O-L. $132,387 0.90 PART OF LOT 31: BEG AT NW COR LOT 31 SEC 20 T26S R22E; SAID COR COMMON TO LOT 42; 43; 30 & 02-0020- 31; TH N 52°07'E 198 FT; S 37°52'E 264 FT; S 52°07'W 0017 ** 198 FT; N 37°52'W 264 FT TO POB 1.20 AC; M-O-L. $0 0.30 BEG AT NE COR LOT 31 SEC 20 T26S R22E; S 37°52'E 02-0020- 264 FT; S 52°08'W 198 FT; N 37°52'W 264 FT; N 52°08'E 0018 198 FT TO BEG BEING NE 1/2 OF SAID LOT 31 1.02 AC $240,238 1.20 LOT 32 SEC 20 T26S R22E SMALL TRACTS 2.40 AC 02-0020- LESS HOUSE PARCEL CONT 0.60 AC THIS PARCEL 0019 ** 1.80 AC± $53,963 1.51 LOT 32 SEC 20 T26S R22E SMALL TRACTS 2.40 AC 02-0020- LESS HOUSE PARCEL CONT 0.60 AC THIS PARCEL 0019 ** 1.80 AC± $0 0.29 02-0020- LOT 33 SEC 20 T26S R22E 2.26 AC & LOT 64 SEC 21 0020 ** T26S R22E SLB&M 0.14 AC TOTAL 2.40 AC $159,691 2.11 02-0020- LOT 33 SEC 20 T26S R22E 2.26 AC & LOT 64 SEC 21 0020 ** T26S R22E SLB&M 0.14 AC TOTAL 2.40 AC $0 0.28 02-0020- LOT 35 SEC 20 T26S R22E & LOT 66 SEC 21 T26S 0021 ** R22E 2.70 AC $293,365 2.12 02-0020- LOT 35 SEC 20 T26S R22E & LOT 66 SEC 21 T26S 0021 ** R22E 2.70 AC $0 0.03 02-0020- LOT 35 SEC 20 T26S R22E & LOT 66 SEC 21 T26S 0021 ** R22E 2.70 AC $0 0.25 02-0020- 0076 LOT 17 SEC 20 T26S R22E SLB&M 1.49 AC $298,085 1.49 BEG AT NW COR LOT 23 SAID COR BEARS N 89°17'E 415.8 FT FROM N1/4 COR SEC 20 T26S R22E SLM; TH N 89°17'E 497 FT; S 37°50'E 79.7 FT; S 52°08'W 136.1 02-0020- FT; S 71 °09'W 61.4 FT; S 52°08'W 202 FT; N 37°52'W 0079 ** 359.8 FT TO POB 1.98 AC $126,335 1.53 BEG AT NW COR LOT 23 SAID COR BEARS N 89°17'E 415.8 FT FROM N1/4 COR SEC 20 T26S R22E SLM; TH N 89°17'E 497 FT; S 37°50'E 79.7 FT; S 52°08'W 136.1 02-0020- FT; S 71 °09'W 61.4 FT; S 52°08'W 202 FT; N 37°52'W 0079 ** 359.8 FT TO POB 1.98 AC $0 0.46 Page 245 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 02-0020- 0099 DESC. OF A PORTION OF GOV. LOT 30 SEC 20 T26S R22E SLB&M MORE PARTICULARLY DESC. AS FOLLOWS: BEG AT A COR ON THE W'LY R/W US HWY 191 SAID PT BEARS S 37°52'E 33.0 FT FROM THE COR COM TO GOV'T LOT 29 & 30; SEC 20 T26S R22E SLB&M TH WITH SAID R/W S 37°52'E 132.1 FT; S 52°04'W 198.1 FT; N 37°50'W 132.3 FT; TH N 52°06'E 198.0 FT TO POB:---TOGETHER WITH & SUB TO AN EASEMENT DESC. AS FOLLOWS: BEG AT A PT ON THE W'LY R/W OF US HWY 191 SAID PT BRS N 37°52'W 112.1 FT FROM THE COR COM TO GOV'T LOTS 30 & 31 SEC 20 T26S R22E SLB&M TH S 52°04'W 100.0 FT; TH N 37°52'W 40.0 FT; TH N 52°04'E 100.0 FT TO SAID W'LY R/W OF US HWY 191; TH WITH SAID R/W S 37°52'E 40.0 FT TO POB AC 0.60 $154,374 0.65 02-0020- 0100 ** LOT 65 OF SEC 21 T26S R22E SLB&M AND LOT 34 OF SEC 20 T26S R22E MORE PARTICULARLY DESCRIBED AS: BEG AT THE COR COMMON TO LOTS 34; 35; 38 & 39 SEC 20 T26S R22E TH N 37°52'W 296.1 FT TH N 52°08'E 396.0 FT TO COR ON W'LY R/W OF US HWY 191 TH WITH SAID R/W S 37°52'E 296.1 FT TO C/L OF HANCE DR. TH WITH SAID C/L S 52°08'W 396.0 FT TO POB. 2.70 AC $263,265 2.13 02-0020- 0100 ** LOT 65 OF SEC 21 T26S R22E SLB&M AND LOT 34 OF SEC 20 T26S R22E MORE PARTICULARLY DESCRIBED AS: BEG AT THE COR COMMON TO LOTS 34; 35; 38 & 39 SEC 20 T26S R22E TH N 37°52'W 296.1 FT TH N 52°08'E 396.0 FT TO COR ON W'LY R/W OF US HWY 191 TH WITH SAID R/W S 37°52'E 296.1 FT TO C/L OF HANCE DR. TH WITH SAID C/L S 52°08'W 396.0 FT TO POB. 2.70 AC $0 0.27 02-0020- 0101 A PORTION OF LOT 22; SEC 20 T26S R22E SLM; DESC. AS FOLLOWS: BEG AT THE NW COR OF LOT 22; SEC 20 T26S R22E; SLM; SAID COR BEARS WITH THE SECTION LINE S 89°17'W 1236.8 FT FROM THE NE COR SEC SAID SEC 20; T26S R22E; TH N 89°17'E 263.5 FT; S 37°52'E 86.9 FT; S 52°08'W 90.0 FT; S 37°52'E 10.0 FT; S 52°08'W 120.0 FT; TO THE EASTERLY R-O-W OF U.S. HWY 191; TH WITH SAID R- O-W N 37°52'W 256.0 FT TO POB. 0.83 AC $589,791 0.82 02-0020- 0102 LOT 21 SEC 20 T26S R22E 2.60 AC $79,200 2.60 02-0020- 0106 BEG AT A POINT WHICH BEARS N 52°08'00"E 232.75 FT FROM THE CORNER COMMON TO GOV'T LOT 32; 33; 40; & 41 OF SEC 20 T26S R22E SLM & PROCEEDING THENCE N 37°52'00"W 159.55 FT; N 52°08'00"E 163.25 FT; S 37°52'00" E 159.55 FT; S 52°08'00"W 163.25 FT TO BEG & CONT 0.60 AC± $84,646 0.60 02-0021- 0055 LOT 57 SMALL TRACTS SUB SEC 21 T26S R22E 2.40 AC $136,598 2.40 Page 246 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 02-0021- 0056 LOT 58 SEC 21 T26S R22E SMALL TRACTS SUB 2.40 AC $209,936 2.40 02-0021- 0057 LOT 59 SEC 21 T26S R22E 2.70 AC; LESS MESA ROAD ROW $143,722 2.40 02-0021- 0058 LOT 62 SEC 21 T26S R22E 0.75 AC $60,000 0.91 02-0021- 0110 LOT 32 SEC 21 T26S R22E SLB&M; LOT 15 SEC 20 T26S R22E SLB&M 1.75 AC $0 0.37 02-0021- 0115 LOT 60 SEC 21 T26S R22E 2.7 ACh (LESS 0.3 AC FOR ROAD WAY) 2.4 AC $204,942 2.40 02-0BRA- 0001 LOT 1 BRANDING IRON SUBDIVISION SEC 21 T26S R22E CONT 1.08 ACRES $439,022 1.08 02-0BRA- 0002 LOT 2 BRANDING IRON SUBDIVISION SEC 21 T26S R22E CONT 0.72 ACRE $282,805 0.72 02-0CLR- 0001 LOT 1 CLARK MINOR SUB SEC 17 T26S R22E 1.11 AC: REMAINDER OF LOT 1 CLARK MINOR SUB DESCRIBED AS FOLLOWS: BEG N 0°02'00"E 33 FT FROM THE W% COR OF SEC 16 T26S R22E SLB&M; W 20 FT; N 0°02'00"E 217 FT; N 13°53'00"W 257.63 FT; N 38°59'26"W 248.84 FT; N 89°11'08"E 108.53 FT; S 68°30'59"E 139.81 FT; S 0°02'00"W 610.85 FT TO POB 1.02 AC $70,800 1.02 02-0CLR- 0002 LOT 2 CLARK MINOR SUB SEC 17 T26S R22E 38.69 AC $205,030 35.76 02-01VY- 0001 LOT 1 IVY ACRES SUBDIVISION SEC 7 T26S R22E 0.89 AC $110,606 0.75 02-01VY- 0002 LOT 2 IVY ACRES SUBDIVISION SEC 7 T26S R22E 1.08 AC $92,000 1.04 02-0OVL- 0001 OVERLOOK COMMERCIAL CONDOMINIUMS UNIT 1 SEC 7 T26S R22E SLM $227,863 0.83 02-0OVL- 0002 OVERLOOK COMMERCIAL CONDOMINIUMS UNIT 2 SEC 7 T26S R22E SLM His $232,290 0.09 02-0OVL- 0003 OVERLOOK COMMERCIAL CONDOMINIUMS UNIT 3 SEC 7 T26S R22E SLM $234,436 0.09 02-0ROC- 0004 LOT 1 RIM ROCK COMMERCIAL SUBDIVISON; REPLAT OF RIM ROCK 2 COMMERICAL SUBD; IN SEC 20 T26S R22E 1.20 AC +/- $716,081 1.20 02-0ROC- 0005 ** LOT 2 RIM ROCK COMMERCIAL SUBDIVISON; REPLAT OF RIM ROCK 2 COMMERICAL SUBD; IN SEC 20 T26S R22E 1.20 AC +/- $72,880 0.90 02-0ROC- 0005 ** LOT 2 RIM ROCK COMMERCIAL SUBDIVISON; REPLAT OF RIM ROCK 2 COMMERICAL SUBD; IN SEC 20 T26S R22E 1.20 AC +/- $0 0.30 02-0SMC- 0001 BEG POINT FROM WHICH COMMON 1/4 COR TO SEC 17 T26S R22E & 20 T26S R22E BEARS S 36°43'21 "W 1065.04 FT TH RNG ALG E'LY R/W HWY 163 N 37°54'12"W 400 FT; N 89°18'E 477.20 FT; N 159.40 FT; N 89°16'32"E 430.61 FT; S 0°43'28"E 477.89 FT; S $432,734 7.17 Page 247 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres 89°16'32"W 667.82 FT POB. AKA TRACT A MCKNIGHT PROPERTIES INDUSTRIAL SUBDIVISION 6.64 AC BEG POINT WHICH BEARS N 58°37'54"E 1033.64 FT FROM S1/4 COR SEC 17 T26S R22E SLB&M & PROC N 89°16'32"E 426.11 FT; N 89°15'20"E 22.48 FT; S 0°44'40"E 37.9 FT; N 89°15'20"E 114 FT; S 0°44'40"E 166 FT; S 89°16'32"W 199.79 FT; ALG CURVE THE CHORD 02-0SMC- BRING & DIST S 70°41'10"W 174.81 FT; N 37°54'12"W 0002 325.48 FT TO POB 2.30 AC $183,645 2.25 TRACT BCF 1 MCKNIGHT PROPERTIES INDUSTRIAL SUBDIVISION. DBA BEG SW COR HEREIN DESC TRACT; FROM WHICH THAT 1/4 COR COMMON TO SEC 17 & 20 T26S R22E SLB&M BEARS S 58°37'54"W 1033.64 FT;& RNG FROM SAID POINT OF BEG N 02-0SMC- 37°54'12"W 400 FT; N 89°16'32"E 667.82 FT; S 0°43'28"E 0003 318.60 FT; S 89°16'32"W 426.11 FT POB 4.00 AC $439,331 3.98 02-0SMC- TRACT D MCKNIGHT PROPERTIES INDUSTRIAL 0004 SUBDIVISION 2.34 AC $378,799 2.35 02-0SMC- TRACT G MCKNIGHT PROPERTIES INDUSTRIAL 0005 SUBDIVISION 2.95 AC $529,735 2.89 02-0SMC- TRACT H MCKNIGHT PROPERTIES INDUSTRIAL 0006 SUBDIVISION 2.30 AC $541,773 2.29 02-0SMC- TRACT I MCKNIGHT PROPERTIES INDUSTRIAL 0007 SUBDIVISION 2.18 AC $169,743 2.18 02-0SMC- TRACT J MCKNIGHT PROPERTIES INDUSTRIAL 0008 SUBDIVISION 2.24 AC $140,128 2.23 02-0SMC- TRACT L MCKNIGHT PROPERTIES INDUSTRIAL 0009 SUBDIVISION 2.46 AC $98,210 2.46 02-0SMC- TRACT M MCKNIGHT PROPERTIES INDUSTRIAL 0010 SUBDIVISION 2.90 AC $115,776 2.90 02-0SMC- TRACT N MCKNIGHT PROPERTIES INDUSTRIAL 0011 SUBDIVISION 2.23 AC $104,182 2.26 02-0SMC- TRACT O MCNIGHT PROPERTIES INDUSTRIAL 0012 SUBDIVISION 2.34 AC $93,419 2.33 02-0SMC- TRACT P MCKNIGHT PROPERTIES INDUSTRIAL 0013 SUBDIVISION 2.46 AC $1,088,405 2.46 02-0SMC- TRACT Q MCKNIGHT PROPERTIES INDUSTRIAL 0014 SUBDIVISION 2.46 AC $163,684 2.46 02-0SMC- TRACT R MCKNIGHT PROPERTIES INDUSTREIAL 0015 SUBDIVISION 2.46 AC $163,684 2.46 02-0SMC- TRACT S MCKNIGHT PROPERTIES INDUSTRIAL 0016 SUBDIVISION 2.46 AC $75,550 2.46 BEG AT SW COR OF TRACT G MCKNIGHT PROPERTIES INDUSTRIAL SUBDIVISION; SAID POINT BEARS N 1069.4 FT THENCE E 1302.3 FT FROM S'/ COR SEC 17 T26S R22E SLB&M & PROC WITH THE S LINE OF SAID TRACT G S 71 °17'03"E 306.20 FT TO A COR ON THE THE W R/W OF WEST RESOURCE BLVD; 02-0SMC- THENCE ALNG A 166 FT RADIUS CURVE TO LEFT 0017 51.87 FT TO A POINT OF TANGENT (SAID CURVE HAS $3,030,240 3.84 Page 248 of 278 8-2 New Business Parcel ID Note Legal Description Taxable Value Acres CHORD WHICH BEARS S 8°12'41"W 51.65 FT; REC=51.57 FT); THENCE WITH SAID R/W S 0°44'40"E (REC=S 0°43'28"E) 477 FT TO A PT OF CURVE; THENCE WITH R/W ALNG THE ARC OF A 100 FT RADIUS CURVE TO RIGHT 157.08 FT (SAID CURVE HAS A CHORD WHICH BEARS S 44°15'20"W RECORD=S 44°16'32"W 141.42 FT)TO A COR ON THE N R/W OF INDUSTRIAL WAY; THENCE WITH SAID R/W S 89°15'20"W (RECORD=S 89°16'32"W)45 FT; N 0°44'40"W 166 FT; S 89°15'20"W 114.0 FT; N 0°44'40"W 37.90 FT; S 89°15'20"W 22.48 FT; N 0°39'10"W (REC=N 0°43'28"W) 526.13 FT TO POB (BEARINGS ARE BASED ON THE N LN OF THE MCKNIGHT PRPERTIES INDUSTRIAL SUBD BEARING OF RECORD=N 89°17'25"E) 3.81 AC 23-OXST- 0023 SEC 2 T26S R21 E AND SEC 17 T26S R22E 0.00 AC $623,738 4.24 23-0XST- 0026 STATE PROPERTY NO 9362: BEG AT THE N% COR SEC 18 T26S R22E SLM TH S 89°45'E 208.71 FT; S 0°30'W 208.7 FT; S 89°45'E 208.71 FT; S 0°30'W 104.38 FT; N 89°45'W 417.42 FT; N 0°30'E 313.08 FT TO BEG 0.00 AC STATE PROPERTY NO 9361: BEG AT A PT 232 FT N & 2640 FT E M-O-L FROM THE W% COR SEC 2 T26S R21 E TH S 57°50'30"E 31. FT; S 32°09'30"W 30.7 FT; N 57°50'30"W 65 FT N 32°09'30"E 80 FT; S 57°50'30"E 34 FT TO POB «» STATE PROPERTY NO 9356 NO DESCRIPTION $2,405,869 2.00 24-OSXT- 0023 $0 0.77 * Parcel split across Project Area boundary. Taxable value is distributed proportionately based on the number of acres inside the proposed Project Area. ** Multiple polygons for 1 parcel ID *** Parcel split across Project Area boundary; multiple polygons for 1 parcel ID Page 249 of 278 8-2 New Business CITY OF MOAB ORDINANCE NO. 2018-21 AN ORDINANCE ADOPTING THE COMMUNITY REINVESTMENT PROJECT AREA PLAN FOR THE SOUTH MOAB COMMUNITY REINVESTMENT PROJECT AREA The following findings describe the intent and purpose of this ordinance: a. The Grand County Community Reinvestment Agency (the "Agency"), having prepared a Project Area Plan (the "Plan") for the South Moab Community Reinvestment Project Area pursuant to Utah Code Annotated ("UCA") § 17C-5, and having held the required public hearing on the Plan pursuant to UCA § 17C-5-104, has adopted the Plan as the Official Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area (the "Project Area"); and b. The Project Area includes portions of unincorporated Grand County and portions of the City of Moab ("City"); and c. The City entered into an interlocal agreement with the Agency allowing the Agency to undertake project development activities within the City in accordance with UCA § 17C-1-204(1); and d. The City will also adopt the Project Plan in order to facilitate clear expectations to landowners, developers, and the public. Therefore, the Moab City Council adopts and designates the South Moab Community Reinvestment Project Area Plan, as approved by the Agency, as the Official Community Reinvestment Project Area Plan for the South Moab Community Reinvestment Project Area (the "Official Plan"). PASSED AND ADOPTED by action of the Moab City Council on this 9th day of October, 2018. SIGNED: ATTEST: Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 250 of 278 8-2 New Business Moab City Council Agenda Item Meeting Date: November 13, 2018 PL-18-52 #: 8-3 Title: Consideration to Adopt Council Resolution #51-2018, Approving an Extension of the Improvements Agreement for the Buen Camino Boundary Line Adjustment Located at 459 and 469 Bowen Circle in the R-2, Single -and Two- Family Residential Zone Date Submitted: October 16, 2018 Applicant: Chad Harris, Property Owner Staff Presenter: Jeff Reinhart, Planning Director Attachment(s): Narrative from property owner, Draft Resolution #51-2018 Options: Approve, approve with conditions, deny with reasons Recommended Motion: I move to adopt Council Resolution #51-2018 amending the Improvements Agreement for the Buen Camino Boundary Line Adjustment with a 6 month extension to complete the public improvements. Background/Summary: The City received an application from Chad Harris for a simple boundary line adjustment on February 16, 2015. On January 10, 2017, the City Council approved the boundary line adjustment without conditions. However, because there are some public improvements required as a function of the building permit (sidewalk and street improvements), an Improvements Agreement is necessary. A delay in the completion of construction of the public improvements was related to relocating a city street light pole. However, the property owner now has a signed contract with Rocky Mountain Power to complete that portion of the necessary improvements. The Improvements Agreement, with exhibits, is attached for your review. This final step will allow the applicant to complete the required public improvements and obtain a certificate of occupancy upon completing his single household residence. 8-3 New Business Page 251 of 278 CITY OF MOAB RESOLUTION #51-2018 A RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE CONSTRUCTION OF REQUIRED PUBLIC IMPROVEMENTS FOR BUEN CAMINO, A LOT LINE ADJUSTMENT IN THE R-2 AT 459 AND 469 BOWEN CIRCLE WHEREAS, Chad and Margaret Harris, "Owners" of 459 and 469 Bowen Circle, Moab, Utah, applied on February 16, 2015, for the approval of a simple lot line adjustment for the described properties; and WHEREAS, Owners are proposing to construct a single family residence on Lot 1 and a duplex on Lot 2; and WHEREAS, the proposed uses are allowed in the R-2 as listed in Moab Municipal Code (MMC) Chapter 17.45.020, Use Regulations; and WHEREAS, subsequent to review of the proposed boundary line adjustment, the City of Moab Engineering Department determined that there were public improvements needing to be constructed for the project; and WHEREAS, with the recording of the plat, the Applicant executed a Development Improvements Agreement (Agreement) with the City of Moab for the improvements listed in the Agreement; and WHEREAS, Owner furnished cost estimates for required improvements and agrees to construct the improvements as attached to the Development Improvements Agreement as "Required Improvements"; and WHEREAS, Owner has applied for an extension of the deadline to complete the required public street improvements as described in the Improvements Agreement approved by City Council with the adoption of Resolution #10-2017 on February 14, 2017. NOW, THEREFORE, be it resolved with the adoption of Resolution #51-2018, City Council hereby approves the request for an extension of time not to exceed 180 days for the completion of the construction of the required improvements, as attached, for the Buen Camino Subdivision, and Council authorizes the Mayor to sign the Agreement. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on November 13, 2018. SIGNED: Emily S. Niehaus, Mayor ATTEST: Rachel Stenta, Recorder 8-3 New Business Page 252 of 278 Roufa Subdivision Boundary Line Adjustment of 22 A 469 Bowen Circle 0 15 30 60 Feet 1 inch = 30 feet 8-3 New Business LOT 23 LET 25 NOTES: 10' 10' S87'46'00"E 07' 24 A FINAL PLAT OF BUEN CAMINO SUBDIVISION: A SUBDIVISION OF ROUFA SUBDIVISION; A SUBDIVISION OF LOT 22 OF THE BOWEN PLAT OF NICHOLS-BOWEN SUBDIVISION 469 BOWEN CIRCLE SECTION 6, T 26 S, R 22 E, SLB&M, MOAB CITY, GRAND COUNTY, UTAH LOT 23 (REC=S 87'24'E) 165.00' 6,624 SQ. FT. IN BODY OF LOT 7,865 SQ. FT. TOTAL LOT AREA 10 FT. WIDE UTILITY EASEMENT FOR LOTS 1 AND 2 N 87'46'00"W 1. MOAB CITY ZONING R-2 RESIDENTIAL ZONE. 2. LOCATION OF EXISTING AND PROPOSED WATER SUPPLY AND SEWER SYSTEM TO BE LOCATED BY BLUE STAKES AND PROPOSED HOOK-UPS TO BE ARANGED WITH INDIVIDUAL UTILITY PROVIDERS. 3. PROPOSED LOTS CREATED FROM THIS SUBDIVISION AMENDMENT SHALL MEET THE REQUIREMENTS OF THE CITYIS STORM DRAINAGE ORDINANCE. 4. PROPOSED LOTS CREATED FROM THIS SUBDIVISION AMENDMENT SHALL MEET THE REQUIREMENTS OF THE CITYIS FIRE PROTECTION ORDINANCE. 5. 10 FOOT WIDE PUBLIC UTILITY, DRAINAGE & IRRIGATION EASEMENT ALONG THE WEST AND NORTH PROPERTY LINES AS RECORDED IN ENTRY #498855, BOOK: 775 PAGE: 423 WITH THE GRAND COUNTY RECORDER'S OFFICE. 6. 600 SQ. FT. ROAD DEDICATION PARCEL AS RECORDED IN ENTRY #498855, BOOK: 775 PAGE: 423 WITH THE GRAND COUNTY RECORDER'S OFFICE. WEST R-O-W BOWEN CIRCLE 165.00' 25' 3 0 ROAD DEDICATION PARCEL — 600 SQ. FT. 60.00' 0 co LET 22 CURVE DELTA RADIUS LENGTH C1 66.15 38.5' 44.5' C2 36.08 38.5' 24.3' 20 FT. WIDE FLAGPOLE PORTION OF LOT 2 IS ALSO ACCESS EASEMENT FOR LOT 1 AND PUBLIC UTILITY EASEMENT (HATCHED AREA) SE CORNER LOT 22 OF BOWEN SUBDIVISION P.O.B. NORTH R—O—W BOWEN CIRCLE BOK N CIRCLE WCSVll ! AA o 0 0 N O N SCALE: 1 11= 201 (24" X 36° ONLY) LOCATED IN THE NE 1 /4 OF SEC 6, T26S, R22E, SLB&M. LEG • CENTERLINE MONUMENT (SPIKE) BASIS OF BEARINGS N87'46'00"W ')1 -----: o w MAYORS APPROVAL: PRESENTED TO THE MOAB CITY MAYOR THIS DAY OF, A.D. 20_ SLLBDIVISION WAS ACCEPTED AND APPROVED. ATTEST COUNTY RECORDER NO.: STATE OF UTAH, CO. OF GRAND. RECORDED AT THE REQUEST OF : DATE: TIME: BOOK: PAGE: FEE: RECORDER: JOHN ALAN CORTES SURVEYORS CERTIFICATE: I, BRANDON E. ANDERSON, PROFESSIONAL LAND SURVEYOR NUMBER 493E371 6, HOLD A LICENSE IN ACCORDANCE WITH TITLE 58, CHAPTER 22, PROFESSIONAL ENGINEERS AND LAND SURVEYORS LICENSING ACT AND HAVE COMPLETED A SURVEY OF THE PROPERTY DESCRIBED HEREON IN ACCORDANCE WITH SECTION 1 7-23- 1 7 AND HEREBY CERTIFY ALL MEASUREMENTS AND DESCRIPTIONS ARE CORRECT. MONUMENTS WILL BE SET AS REPRESENTED ON THIS PLAT I FURTHER CERTIFY THAT BY AUTHORITY OF THE HEREON OWNERS, I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND HAVE SUBDIVIDED THE SAME TRACT INTO LOTS TO BE HEREINAFTER KNOWN AS: HARRIS SUBDIVISION THAT THE SAME HAS BEEN CORRECTLY SURVEYED AND POINTS ESTABLISHED ON THE GROUND IN ACCORDANCE WITH THE HEREON LEGAL DESCRIPTION. DATE: 2-10-1 6 BRAND❑N E. ANDERSON CERTIFICATE No. 4938716 LEGAL DESCRIPTION A DESCRIPTION OF LOT 22 OF THE BOWEN PLAT OF N ICHOLS-BOWEN SUBDIVISION, SECTION 6, T 26 S, R 22 E, S LM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 22 OF THE BOWEN PLAT OF NICHOLS-BOWEN SUBDIVISION, SAID CORNER BEARS N 56°4114411E 43.01 FT. FROM THE CENTERLINE MONUMENT AT THE INTERSECTION OF WEST BOWEN CIRCLE AND NORTH BOWEN CIRCLE, PROCEEDING THENCE N 87°4610011W 165.00 FT. TO THE SW CORNER OF SAID LOT 22, THENCE N 02°1 410011E 160.00 FT. TO THE NW CORNER OF SAID LOT 22, THENCE S 87°4610011E (RECORD=S 87°241E) 165.00 FT. TO THE NE CORNER OF SAID LOT 22, THENCE S 02°1 410011W 160.00 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.61 ACRES, MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT. BEARINfS ARE BASED ON THE MONUM'ENTED CENTERLINE OF BOWEN CIRCLE (BEARING=S 87°4610011E). P.O. Box 218 BO EAST CENTER ST. MOAB, UTAH B4532 PH (435)259-81 71 DATE: 2- 1 O- 1 6 DRAWN BY: KG 1 KEOGH ROSENBERG LAND SUR VEYING ENGINEERING CIVIL • STRUCTURAL OWNER'S DEDICATION: KNOWN ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNER(S) OF THE ABOVE DESCRIBED TRACT OF LAND, HAVING CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS THE BUEN CAMINO SUBDIVISION DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HAND THIS DAY OF A.D. L:HAD D. HARRIS DATE -MARI,ARET HARRIb DAZ E ACKNOWLEDGMENT: STATE OF COUNTY of ON THE DAY OF , PERSONALLY APPEARED BEFORE ME , WHO DULY ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. MY COMMISSION EXPIRES: NOTARY PUBLIC RESIDING IN J 0 m Lo HARRIS\HARRIS Page 254 of 278 SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT For Buen Camino Subdivision For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Chad D. Harris and Margaret Harris (Subdivider) referred to as the Parties, enter into the following Subdivision Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal Code (MMC) Sections 16.20.010, to govern the development of the subject property and the installation of subdivision improvements required by City Code. I. RECITALS. a. On January 10, 2017 The City Council approved Resolution No. 02-2017, a resubdivision creating two lots within a lot of the Roufa Subdivision, and it is necessary to enter into this Agreement to confirm the requirements for necessary subdivision improvements. II. AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. Covered Property. The recitals above are incorporated into this Agreement. The real property in the County of Grand, State of Utah, subject to this Agreement (the Property) is described in Exhibit 1, attached. 2. Payment of Fees; Approved Land Uses. Subdivider agrees to pay all in -effect City fees applicable to the Subdivision, including but not limited to, impact fees, connection fees, building permit fees, and applicable inspection fees. Applicable fees shall calculated and paid at the time of connection or the time when the service is performed. a). The uses permitted in the Subdivision shall correspond with the uses authorized for the R-2 Zone in Moab Municipal Code Section 17.45. Subject to the conditions in this Agreement, the Property has been authorized for the following uses/activities: Lot 1, 17,538 Square feet; and Lot 2, 8,257 square feet. The configuration of the Subdivision and the uses therein shall conform to the Plat and Construction Plans as set forth in Exhibit 2 to this Agreement. Page 255 of 278 8-3 New Business 3. Required Improvements. Subdivider shall construct all of the improvements on and adjacent to the Property shown on the Plat and Construction Plans as shown in Exhibit 2 (the Required Improvements). Required Improvements shall include the public improvements shown on the Construction Plans, as well as the following: a). Site clearing and removal of obstructions; b). General site grading of the Property; c). Site utilities, including culinary water lines, fire hydrants, and sanitary sewer lines; d). Streets, curbs, gutters, and sidewalks; e). Street striping, signage, and street lights; f). Storm water drainage facilities; g). Non -motorized pathways (if applicable) h). All landscaping, irrigations systems, fencing, or other visual screening required as a condition of approval; i). all electric utility lines, cable television/data, and telephone lines; and j). all incidental improvements necessary or specified for use and occupation of the Subdivision. 4. Improvements to be Completed in Conformance with Construction Plans. All Required Improvements shall be constructed in a workmanlike manner and in conformity with the approved Construction Plans. No deviations from the Construction Plans shall be permitted, except as authorized in writing by the City Engineer upon a showing of good cause. In addition, all Required Improvements shall be completed in conformance with the City of Moab Public Improvement Specifications, building codes, and all state and federal regulations, as applicable. 5. Timeline for Completion. Construction of the Required Improvements shall not commence until the Effective Date of this Agreement. Construction of all Required Improvements shall be completed within one hundred eighty (180) days from the Effective Date of this Agreement. a). A reasonable extension of time for the completion of the Required Improvements may be granted, at the discretion of the City Council, upon a showing by the Subdivider that there is good cause for an extension and that the work has been diligently prosecuted from the Effective Date of this Agreement. b). If the construction of the Required Improvements is not completed and accepted within the timelines specified herein, or as lawfully extended, then the Subdivision and all development approvals shall be deemed lapsed and shall have no further effect. Page 256 of 278 8-3 New Business 6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such time as all of the Required Improvements are completed in accordance with the phasing plan in this Agreement and, with respect to public improvements, accepted by the City, except that building permits may be issued if Subdivider provides a Financial Assurance to the City conforming to Section Eight, below. No final plat for the Subdivision, or any phase thereof, shall be executed by the City or submitted for recording until such time as either: a) all of the Required Improvements are completed in accordance with this Agreement and, with respect to public improvements, accepted by the City; or b) a Financial Assurance conforming to Section Eight is delivered to the City. Subdivider shall not convey or purport to convey any lot within the Subdivision prior to the recording of the final plat. Any purported conveyance of lots by Subdivider prior to approval and recording of a final plat for any phase of the Subdivision, or otherwise in violation of this Agreement, shall be void. 7. Acceptance of Improvements, Warranty. All of the public improvements comprising the Required Improvements shall be subject to quality assurance testing and inspection as specified in the Construction Plans and/or applicable reference standards. Subdivider or its authorized representative shall provide not less than forty (48) hours minimum notification to City when inspection is required. The costs associated with such testing and inspection shall be the responsibility of Subdivider. Any work which is rejected following inspection must be repaired or replaced at the sole cost of the Subdivider. Any work which is covered up prior to inspection may be rejected, in which case Subdivider shall be solely responsible for exposing the work and arranging for inspection. a). The acceptance by the City of the public improvements comprising the Required Improvements following completion and satisfactory inspection shall constitute a dedication and conveyance by the Subdivider to the City of all such improvements. Subdivider shall convey all public improvements to the City free and clear of any mechanic liens, claims, or other encumbrances. b). Subdivider warrants that all public improvements dedicated to the City shall be constructed in a workmanlike manner, in accordance with approved plans and specifications, and that all such improvements shall be free of defects in materials and workmanship for a period of one (1) year from the date of acceptance by the City. Subdivider shall promptly repair or replace any defective work following receipt of written notice under this warranty from the City. c). To partially secure this obligation, Subdivider shall deposit with the City the sum of THREE THOUSAND TWO HUNDRED FORTY SIX DOLLARS ($3,246.00), which sum is equal to ten percent (10%) of the construction cost, as determined by the City Engineer, for public improvements Page 257 of 278 8-3 New Business comprising the Required Improvements (the Warranty Deposit). d). The Warranty Deposit shall be paid by the Subdivider no later than fifteen (15) calendar days from the Effective Date of this Agreement. In the absence of any unperformed warranty claims, the City shall refund the Warranty Deposit to Subdivider upon expiration of the warranty period for the subject improvements. In the event of any default following delivery of written notice to Subdivider with respect to Subdivider's warranty obligations, the City may elect to draw upon the warranty deposit to cure, in whole or in part, any breach of warranty. e). Subdivider additionally warrants that all public improvements shall be delivered free and clear of any mechanic liens or other encumbrances. The City may require receipt of executed mechanic lien releases as a condition precedent to dedication of the public improvements. 8. Financial Assurance. If the Required Improvements are not completed within the one hundred eighty (180) day deadline specified in this Agreement, or if Subdivider desires to record a final plat or obtain a building permit in advance of the completion of all of the Required Improvements, then the Subdivider may, subject to approval by the City, deliver a Financial Assurance, in a form acceptable to the City for the use and benefit of City and to secure the completion of the Required Improvements. The Financial Assurance shall be in the form of a performance/payment bond, escrow account, letter of credit or other financial instrument approved by the City Attorney in an amount which is not less than one hundred forty percent (140%) of the construction cost set forth in the Plat and Construction Plans of Exhibit 2, and as reviewed and approved by the City Engineer in writing, of the remaining improvements which are not completed. If a Financial Assurance is approved according to this Section Eight, Subdivider shall have up to one hundred eighty (180) additional days from the Effective Date of this Agreement in which to complete the Required Improvements. 9. Cease and Desist Notice. If the Required Improvements have not been completed within the time provided in this Agreement or, in lieu of same, a Financial Assurance approved pursuant to Section Eight, above, then the City may issue an immediate cease and desist order to Subdivider and all work shall be discontinued until such time as an acceptable Financial Assurance has been established. If Subdivider fails to take timely steps to deliver an acceptable Financial Assurance or complete the Required Improvements, then the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such other remedies as may be available under this Agreement or at law. 10. Partial Releases of Financial Assurance. Upon partial completion of any class of improvements within the Required Improvements Subdivider may request a partial Page 258 of 278 8-3 New Business release of the Financial Assurance. The amount of the release shall be equal to the agreed cost of the completed improvements, as determined by the City Engineer. Partial releases shall not be made for partial completion of a class of improvements. a). In order for Subdivider to receive such partial release, the following shall be presented to City: i. A completed Escrow/Financial Assurance Partial Release Form supplied by City and signed by a professional engineer serving as agent for Subdivider; ii. Copies of all quality assurance test results/inspection reports required for the completed improvements; iii. Copies of all weight/quantity tickets for materials incorporated in the work for all items that were estimated on the basis of weight/quantity; and iv. Copies of all invoices or receipts for materials delivered to the site and incorporated in to the work for which a partial release is being requested. b). The partial release request shall be reviewed for completeness and accuracy by City Public Works Director and/or City Engineer. The City may adjust the amount of the request if field inspection shows that quantities are not accurate, or all items of work have not been completed in accordance with the approved Construction Plans. c). City shall process a release request promptly following receipt of a complete application. 11. Final Release of Financial Assurance. If applicable, upon completion of all Required Improvements in accordance with the approved Construction Plans, Subdivider may request that the remainder of the Financial Assurance be released, provided that Subdivider delivers executed mechanic lien waivers/releases from all contractors who performed work on the project and all suppliers who supplied materials that were incorporated into the work, together with a written certification by Subdivider that all outstanding charges for the Required Improvements have been paid and that there are no other liens, encumbrances, or other restrictions affecting the improvements. 12. Use of Financial Assurance upon Default. Upon delivery of written notice to the Subdivider and expiration of any cure period, the City may then elect to draw upon the Financial Assurance as it deems necessary for the completion of improvements or cure of any default under this Agreement. 13. Zoning Compliance. Certificates of Occupancy for structures within the Property shall only be issued upon satisfactory completion and acceptance of all Required Page 259 of 278 8-3 New Business Improvements as provided in this Agreement. 14. Default, Remedies, Lapse of Plat/Plan. All provisions of this Agreement are material and any violation is grounds for declaration of Default. Prior to invoking any remedies for Default under this Agreement the City shall deliver written notice to the Subdivider describing the act, event, or omission constituting a default, and allowing Subdivider a period of thirty (30) days in which to cure or abate the violation. Cure within that period reinstates this Agreement. a). Upon declaration of default the City may exercise any remedies for violation available under City ordinances or Utah statutes, including, without limitation: i) proceeding against the Financial Assurance; ii). withholding building permits, certificates of occupancy, or certificates of zoning compliance; iii) obtaining an injunction to halt or abate zoning violations or breaches of this Agreement; iv) recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing an action for damages —including damages for costs incurred in completing, repairing, or replacing Required Improvements or abating any violations; and/or vi) any other remedies available at law or equity, including the remedy of specific performance. The City may combine remedies in its discretion and pursue some or all at different times, as may fit the applicable breach. b). The recording of an affidavit of lapse of plat/plan by the City shall result in the lapse of all prior land use approvals and the voiding of the subdivision of lots within the real property specified in the affidavit. 15. General Provisions. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Subdivider in the ownership or development of all or any portion of the Property. Assignment of this Agreement shall require the mutual approval of the City and the proposed assignee, in writing. a). This Agreement is the product of mutual bargaining. All terms shall be construed in accordance with their plain meaning, regardless of the extent to which either party participated in the drafting. b). Failure of a party to exercise any right under this Agreement shall not be deemed a waiver of any such right, nor shall any course of dealing or previous action or inaction be deemed a waiver of any rights or claims arising with respect to later or subsequent breaches, acts or omissions. c). The term "Agreement" includes this Improvements Agreement, all exhibits hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and all related design drawings, which documents shall constitute the sole and complete Agreement between the parties. The Agreement shall supersede all prior Agreements or representations, however evidenced. Page 260 of 278 8-3 New Business No modification to any of the terms of this Agreement shall be binding, unless reduced to writing and lawfully executed by both parties. d). The place of performance of this Agreement is Grand County, Utah. In the event of any legal dispute concerning the subjects of this Agreement, the parties agree that the exclusive venue shall be the Seventh Judicial District Court, Grand County, Utah. In any such proceedings arising under this Agreement, regardless of the denomination of the legal claims, the parties waive trial to a jury on all claims and agree that the action shall be decided by the court sitting without a jury. e). In any legal proceeding arising from this Agreement the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs in addition to any other relief authorized herein. f). This Agreement shall be governed by Utah law. g). This Agreement does not create any third party beneficiary rights. It is specifically understood by the parties that; i. the Project is a private development; ii. the City of Moab has no interest in, responsibilities for, or duty to third parties concerning any improvements to the Property, unless/until the City accepts dedication of public improvements pursuant to this Agreement; and iii. except as otherwise provided herein, Subdivider shall have full power and exclusive control of the Property. h). The provisions of this Agreement are severable, and if any portion should be held to be invalid or unenforceable, then the remainder of this Agreement shall be construed to be in full force without reference to the invalid provision. i). In the event of any legal dispute arising from this Agreement neither party shall be liable to the other for consequential damages, lost profits, or delay related damages of any kind. All notices under this Agreement shall be given in writing by first class or certified mail, postage prepaid, or by hand delivery or delivery by a reputable courier, and sent to the following addresses: To the City of Moab: City of Moab 217 East Center Street Moab, Utah 84532 Attn: City Manager 8-3 New Business Page 261 of 278 To Subdivider: Chad Harris and Margaret Harris P.O. Box 301 Moab, UT 84532 Email: cc@msdland.com k). Notice may be delivered to such other parties or addresses as the parties may designate in writing from time to time. A notice sent by mail shall be deemed delivered no later than three (3) days from the date that it is mailed. I). Nothing in this Agreement shall be deemed to waive any governmental or other immunity to which the City is entitled under law. 16. Indemnity. Subdivider shall indemnify and hold the City harmless with respect to any third party claims, including claims for property damage, injury, or death, and any demands, liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that may arise from any act or omission of the Subdivider, its members, managers, employees, agents, or contractors in connection with the development of the Subdivision and/or the performance of this Agreement. 17. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit the future legislative power or zoning authority of the City. 18. Grading. All grading and soil disturbance undertaken in the development of the Subdivision shall be performed in conformity with Appendix J of the International Building Code (IBC) as adopted by the City. 19. Effective Date. The effective date of this Agreement is the date when it is signed by all Parties and the Council has approved the final plan for Phases One through Three of the Subdivision. 20. Counterparts. This Agreement may be executed in separate original counterparts which, when combined, shall constitute the entire Agreement. Exhibits: 1.—Legal Description of the Property 2. — Plat and Construction Plans 8-3 New Business Page 262 of 278 IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting by and through the Moab City Council, which has duly authorized execution, and by Subdivider as of the date(s) specified below. CITY OF MOAB: Mayor David L. Sakrison Date ATTEST: Rachel Stenta City Recorder SUBDIVIDER: 3 Date Chad Harris Date Margaret Harris Date STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by Chad Harris, this day of , 2017. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: Page 263 of 278 8-3 New Business STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by Margaret Harris, this day of , 2017. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: STATE OF UTAH ) )ss. COUNTY OF GRAND ) The foregoing agreement was executed before me by the CITY OF MOAB by and through David Sakrison, this day of , 2017. Witness my hand and official seal. My commission expires: Notary Public, State of Utah Address: 8-3 New Business Page 264 of 278 LEGAL DESCRIPTION A DESCRIPTION OF LOT 22 OF THE BOWEN PLAT OF NICHOLS-BOWEN SUBDIVISION, SECTION 6, T 26 S, R 22 E, SLM, MOAB CITY, GRAND COUNTY, UTAH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT 22 OF THE BOWEN PLAT OF NICHOLS-BOWEN SUBDIVISION, SAID CORNER BEARS N 56 41144°E 43.01 FT. FROM THE CENTERLINE MONUMENT AT THE INTERSECTION OF WEST BOWEN CIRCLE AND NORTH BOWEN CIRCLE, PROCEEDING THENCE N 87°4610011W 165.00 FT. TO THE SW CORNER OF SAID LOT 22, THENCE N 02 1 4100"E 160.00 FT. TO THE NW CORNER OF SAID LOT 22, THENCE S 67°46100"E (RECORD=S B7°241E) 165.00 FT. TO THE NE CORNER OF SAID LOT 22, THENCE S 02°1 4100"W 160.00 FT. TO THE POINT OF BEGINNING AND CONTAINING 0.61 ACRES, MORE OR LESS. CORNERS ARE MONUMENTED AS SPECIFIED ON THE ATTACHED PLAT. BEARINGS ARE BASED ON THE MONUMENTED CENTERLINE OF BOWEN CIRCLE (BEARING=S 87°46100°E1. 8-3 New Business Page 265 of 278 1 ff%Ivaf �91QZ 9 g 90V a� NI ONIOIS36 ❑I l9fld AaV101•1 :532iIdX3 NOISSII+11"100 AIn1 '31AIVS 3H1 0311-103X3 A13H1 1VH1 31".1 ❑1 CJ3OCI31MON710V A-ina OHM ' AW 3a0338 03aV3ddV A11VN❑Se3d ' 313 AVO 31-11 NO 3O A1Nn❑❑ AO 31V1s :11\13H903-IM❑NNOV ONVH 800 LAS 01N -13213H 3AVH Sra2JVH 13aV9HVIn1 7/k/ SIM8VH '❑ 0VH0 r '0'b' 3O Ava SIH1 3M 303d31-IM SS3N11M NI '35n ❑1 iand aO3 030N31N1 SV 1V1d 911-11 N❑ NMOHS 0NV7 30 5130aVd 11d 01181-1d 3H1 3O 35n IVf113d2i3d d0A 31V01030 A93a31--1 ❑❑ N❑ISIA109F1S ❑NIIniV5 Nana 3H1 SV NM❑NI> 38 01 L131 VAt13H 6133a1S ONV S101 01N1 0301/N10E10S 38 O1 3WVS 31-I1 13351-1V3 9NIAVH '0NV7 AO 13Va1 03E11213530 3A08V 3H1 A❑ (S)a3NM❑ 03NJISt130N1-1 3Hi '3M 1VH1 51N3S32Jd 353H1 AE3 N31,1 33V NM❑NA :N1:111VOIC130 S12i3NMO 1n100'11A13V21'mmm - L6E2-EL,9 (SE-b1 X3 9858-£L.9 ISEtr! Hd 064.178 NVin '3'J?:1039 '15' -ty 3iinS '3nIZ+Q 313lSU3AIN 1eV3 ESE 580A3Atif1S ONd1 • SU33N191s13 11A13 s'3 IVID o SSV DIll'aNHS011 "(3„00,917oL9 S=ONI23V39) Al0810 N3M0B Ap 3N11631N3❑ ❑31N3WI1N01^1 3H1 NO 035V9 3HV SONILIV3R 1b1d 03H0V11b' 3H1 NO 031.31❑3dS SV ❑31N3Wf1N❑W 3ad SLI3NLIO0 '5E31 21❑ 3211:111 `S3a3`d L9'© JNINlb1N❑❑ ONV ONINNI938 A❑ 1N1❑d 31-11 01 •J.3 00'09 I. M„00,17I,Z0 S 30N31-11 `ZZ 101 ❑IVS A❑ a3NLIO3 3N 31-11 ❑1 -J_A 00'59 l (3,17Z„LB S-02j❑33d) 3„00,917oLB S 33NAH1 `ZZ 10-1 OIVS 30 H31\12iO3 MN 3H1 ❑1 "1A 00'09 l 3„00,17 loZ❑ N A❑N3H1 `ZZ 11111 OIVS AD 2i3NHO0 MS 3H1 ❑1 1A ❑C1'59 L M„00,917c49 N 30N3H1 SN1033302jd '310L113 NAM013 H12j❑N ❑Nb' 310231❑ N3M09 1S3M 30 N❑I1❑3SLI31N1 3H1 1d 1N3Wf1NOW 3N112131N33 3H1 HOLIA •lA 1 ❑-E-17 30717, L 17,95 N S6V39 233NHOD OIVS `N❑ISIAIGEMS N3M08-510H❑IN A❑ 1b'1d NAM❑13 3H1 A❑ ZZ 101 30 H3NLIO0 3S 3H1 1b' ❑NINNIS38 :SM01103 SV ❑3BIMOS30 A11Jb'11.1011LIVIA 3801AI `1-1d111 `Amnon ❑Nb'Ll9 `A_LI7 9VOIN `1/415 3 ZZ 2i 'S 9Z 1 `9 NO11035 'N❑151n1O8fls N3M08-51❑H❑IN AO 1V11=1 N3M❑8 3H1 A❑ ZZ 101 A❑ N❑114=112:10530 b' NOI14711d0S3❑ 1V 31 9 L GflE617 -ON 3-I-b'313I1a3❑ NOSa3ONV '3 N❑ONVH8 • ssauisn8 MaN E-9 9 L -173-B :31V ❑ "NOI1dIaOS30 1VS3-1 NO3a3H 3H1 H11M 30NV02i1300V NI ❑Nnuan 3H1 NO CI3H9IIB'd1S3 S1NI0d CI NV 03A3AanS AI103HHO0 N339 SVH 31AIVS 3H1 tt7H1 NOISIA1❑9115 ONIWd3 N3118 :SV NMON7t aA_LAVNI3d3H 313 01 9 LO1 01N1 13Va1 AWNS 3H1 030fA1❑BfIS 3AVH ❑NV 1V1d SI1-11 NCJ NM❑HS ONVI 3O lOVai 3H1 AO A3nanS V 3OVW 3AVH I 'Sa3NM❑ N❑3a3H 3H1 30 A11aOH1f1V AR 1b1I1 A311a30 2i3H16113 I 1V16 S1H1 NO 031NAS3Hci3a SV 13S 38 111M S1N3INnN❑Inl '103aa03 3aV SN❑I111IaOS30 ONV S1N3W3anSV3W ,IV ALAI1833 A93a3H 0NV L L-EZ-G L NO11035 H11M 30NV0a033V NI N❑383H 0381a3530 A1a3d0ad 3H1 30 A3ALIMS V C1313-1dW00 3AVH (3NV 10V 'S-NISN3011 SHEIAAAHMS 0NV1 ONV S2i33NI N3 IVN❑ISS330ad `ZZ a3-1_dVHD `BS 3-1111 H11M 33NV0a❑00V NI 35143011 V 010H `9 LL,1IE61T a38WnN1 aC1A3AHris 0NV1 1VNOISS330ad `N❑SHAONV '3 N❑ONV2113 :31d313112J30 S,aaAsnans i 231.600 N3-11 t/ NNot' :33� :3 D7,1 AO El :31N 11 :H3C1d0338 : 3o Ls3nd361 3H.L 1V a3atl373d 'gNVUv AO 'DO `Hb'ln 30 3LV1$ :'ON 2I30b033d A1Nn❑O 12 3 _LLV '03A0 ddV ONV 031d330'd SVAA NUISIMOBTIS —02 .0 3I7 AHQ SIH1 MOAVW A113 9tY❑W 31-11 0J_ 1:131N3S36Id :1VAoLlddd SHoAdw M„ ❑ ❑, 917„L,13N SONI6V38 3❑ S1SV9 3A21I1S 51H1 A❑ 135 IAVJ 0115b'1d H11M LIVEI3L1 „8/5 • (3)II1AS) 1N3IAION❑W 3N11H31N33 ❑ 1\13 93-1 HVln '9V❑W ANON :3-IVOS db'IA1 J111 N 13!/� 1-1' 1:10N "`111I1111111111111I - 5 I H1 .1S 2J31N30 - W'3815 `AZZa `S9Z1 `9 ❑3S AO 17/ l 3 N 3H1 NI 031b'301 {AIN❑ „9E X „bZ) 1OZ—II L '31 V 3S N 0 l .2cIr f ,7 Af L7.1 CJ Q —310HI0 N3M013 M C] a H_LHON-- N❑ISIAinens N3M013 A❑ ZZ 101 LI3N2:100 3S Dg o7 a Jp7 cn N ,SZ 4° 0 g tr v •3V ❑❑-S9! LLI O (2 9 13 •bs post - 3302:IVd N❑11V31030 OV❑d ❑S.13E=2i 8E-6Z=1 ,00'SZ (3-132310 NAM❑e 6917) 'Ds LSZ'B '301330 S,a313a033a A1Nn❑3 ONVLIO 3H1 H11M EZb :39Vd SLL:71009 `55996p 'ON Aa1N3 NI 030a0038 Sty 13021Vd NO11VO1t130 OVOLI •CAS 009 '9 '301330 5,H30d0032fl A1Nnon ❑NVLID H1IM EZb :30Vd SGG :)I❑38 'SS88617 'ON A2i1N3 NI ❑AOL10332j SV S3NI1 A.L2i3d❑ad NIHON ONV 153M 3H1 JN❑1V 1N31,43SV3 NOI1V91Ha1 '3 3OVNIV60 'A11111n 01180d 301M 1003 CIL 'S '33NVNIOa❑ NO110310ad 3a13 S,A113 3H1 AO S1N3W3ZIIf1L` 2N 3H11331N 11VH5 1N3WgNDWV N❑ISIAICHAIIS SIH1 W❑a3 031V3a0 S103 C13S13d❑ad '17 '37NVN10tf❑ 39VNIVHO W2j❑1S S,A110 31-11 3O S1.N3W361111t33H AH113314' 11VHS 1N3WON31NV N❑ISIA108fIS SI1-11 W❑a3 031V3a3 S1O 103501302Jd '£ 'Sa301AOad A111110 1V1101A10N1 1-111M 03ONVLIV 39 q1 Sd11-7113❑H 0350d❑ad ONV S3?IV1S 3n1B A8 031V3131 38 q1 1"131SAS .a3MAS ONV A-1dd1-1S 2:131VM 03S❑dQ2Jd 13Nd ONIiSIX3 AO N❑LIV001 'Z lyZ "1p7 M 00917 LEIN ❑❑-s❑ 1 (313H13 N3M❑8 6517) -13 'CIS ❑ES`L 1 A1t1r1T1 0118T1d 3Q1M 'IA O t (31/7Z,LB 5=336) Hd.11-1 `A1Nnoo ❑NV2:19 `A113 ElVOIAI `1A1'21315 ZZ 15 9Z 1 '9 N❑11335 A132113 NAM❑S 6917 N❑ISIAIQ81-15 N3M08-510H31N JO 1V-11A N3M0E13H13❑ ZZ 1❑-1 3❑ N❑ISIAIOBI15 d 3© N❑Isl/11O8ns b' :Noisiniaans ONIIA1V9 N31-1E1 3❑ 1b'1d 1dN1..1 V '3N❑Z-IVI1NAC11S3d Z 23 ONIN07 A110 BVOW L a jp7 :531.O N r siJR-Hs 1_ :Io i 1 1 i LIE3HS 0 acd gIDNID KIMQg 69t MOQ'HApIBTAVAM L6£8•£L9 (5£i') x3 9858•£0 (07) ud 06L178 Tin `aSIMO 'IS Z-y mans `0Apci appoArd log ZS£ C� C r ■ r eLA;2:1 -kir') r•: '15Na9 geSb> :Jn1CI ? '91?! :AB CIFDL 1HD HOG AR CITIN 7I5:1CI St-Q�Sb� :"ONI W)f -39Id40 G,N20N0936 J.114109 ONVN9 3H1 HUM 9Z-17 '39Vd SLL '>009 'SSBgbtrx .1N1N3 NI 03080738 SV 73980d NOI1V7I030 (VON 'ld '0S 009 'S '39Idd0 9N3C 6093N )11Nf107 ❑NVN9 341 HIM 9Ct, 39Vd 5 l_ 71000 'S589Ea111* .1. 11N3 NI 030a10J3Z1 SV 53NI7 J.1N3dONd NINON 0NV 153M 31419N07V 1N31,435V3 N0ILd9INNI § 3GVNIYNC '.U.ITIIC 7I73% 30IM 100d 01 � -39NVNICNO N01192108=1 G.1117 2-11 d0 51N3143811036 3-11 13314 TVH51N3W0N3WV NOIGIAICE1CG 3HL WONd 031V389 510E 0350cl ticl -39NVNIQNO 39VN1VN0 WN015 9).119 3H1 d0 51N3143NIIM36 3N113314 TVH51N314nN3WV NOISIAI09C5 31 1 WON4 031V7d0 9107 03GONONd 7 '3NOZ 7VI1N3CII53N -N 4NINOT J.1I9 9VOW 9-1IV12O NV7d ,41I7I1f1 NV7d A1I-1LLO 133H5 9NIC[dN9 133HS 371402Id NVOd 57I'd13C1 133H5 108_1,109 7V1NO2R10H 133HS N3A09 lOVHdSV M3N H1IM C139V7c136 03A01,438 39 01 N311f19 § 9819 91,1115IX3 17VHd5V M3N HEM C39V783N CINV `C13A01,13N '1n9MdS Ol 17VHd5V 9N115IX3 312-69N09 6350d0Z6 XGCINI 1;DHG 31369N09 9Nll5IX3 a \Q 9 17•1469V 0350dOZk1 17VHd5V 9NLL5IX3 N211f19 P 9Nf19 031dIC101,,J N3.Lire 8 gtif19 9NI15DC3 J f19 1vV5 O35060Nd 1N31,.135V3 9Nll5IX3 3NI7 ,11N3dONd 5�1QN 1 cIVIT 21,LIAI.2lll �RtiVL.K.7 'JL7173ZI2!1071,iI NMOHG 2!D NMOHS lON 53I1TTI1(1 a03 .11I'7IHISNOd5321 ON SW2G 133h1I9F13 3Ffl 53IJ_Iillf-/ 11V 30 NOI1731O?:fd QNH NOILY2c7i 31-f1 210d 1105N0d57N 1019-kMi_NO9 ',ONO 31-i1 JO 37N3IN3AN07 3141 ZfOd SMdid NO NMOHS 3ZfN 5311I71!1f 9NI1SIX3 37I1ON 6ip nog( aaopq !leo nno�aq s,j2gM MOUN ►� 17V1-185V 'x3 1491VW 1 1.09MV5 \.k/ eNn7 a�IdIaOW MN C71 alm a3770Ni 9NI1I G N331N1199 NOLLISN'd?ll NIW „ 0-, 5 3704=1 N3M0cV11-19I7 d0 NOI1V707 MDN eNm CI3I3ICI01^1 M3N 01 9N(10 ❑3110N J"NLLIX3 N33M13e NOLLISN` N11 NIW O-,S N311.fle 9f819 M;N 03LV70736 39 01 3106 213M0d11H9I7 9NI15IX3 C1311010,126 30 Ol S311f19 51860 9NI15IX3 17V1-1d5V M3N 17�II� N3M09 b9-17 I 1d2:1'91 101 -1V101 '1'VG S9.21 _LOT �o ,1a09 NI '1'OG -17Z9` 9 2 Z0Z i 1 -1921I'D NAMog b5-17 l� 'OG H'd1f1 `AINnuo ❑NVHO `A110 eb'❑ W `W'2815 `3 ZZ `5 93 1 `9 N❑11035 3-13N13 N3M❑8 6917 L1311r` a eano ❑35001171LId ❑ 5NVid :NOISIAICIEIr15 ONINVO N131-18 ,0C=„1 '37`d95 r; '2O3V917dc1V 5d 5633NI9N3 J Li7 3H1 NO/NV 2133NI9N3173f'02Id DK )9 30V1^1 39 77VH519I1ANO9 01 AC NOI1V9IdINV79 '379V9178dV 5V J.7dd'd TVHS 9CINVGNV15 N9IS3CI LLI9 9V01,1 ETV '038(11]3N dI 5111,463d 1N3141-17VON9N3 9NINIV190 ONV 91103=1 31V18=10 =IdV 3H1 9NI)12110N Nod 370ISNOd526 30 TVHS N017161N07 31-11 ' LVM-d0-1H9IN 7I78f1d V NIHIIM 1-NG 1VH1 53I1IAI19V NOI19r615N09 .INV 01 NOINd '5N0I1I0N09 914I15Dt3-366 01 CF601536 39 TIVHS 53H91Vd PVT Td '39(V b115 914I15IX3 31-{L 01NI JL7H100145 01\1370 77VHS 1-191Vd 03H5INId 3H1 '(NOISN;A iN36Nf1715014) 5NOILV91HI93d51N31,J3A0&114 9IT9(b C[Nd SCIeiVCINV19 h1I9 9V01,4 1-11IM 39NVWNOdN09 NI 3N00 39 77VH5 9NIH91Vd 1,10ILION07 7VNI9INO 5LI NVNl N31139 NO Ol 7Vf103 NOI LICIN09 V 01 03W/53N 3915CW 12361G 31-11 '1119 391911,4 1332115 9NI15DC3 NV N31-1M '1N31,46073A3CI SIHl Ol 9NINIV1N3d 1N31"133NOV 1N31Ad073A30 3H1 d0 NOI1f193X3 d0 31V0 1V 1N324W19 9N0I1d7I4I936.5 CNV 50ZIVCINV15 .11I7 9d01,1 01 WNOdN091911,1 NOI19fftil9N09 133615 11V (900c) 539IA3O E0d1N09 9Id1161 WN03INf1 NO 1WINV1,1 3H1 RUM 39NV1480dN07 NI 39 19114 5N9I5 ONV 5391A9O 70N1N09 7Id=1VNI 11V '51N3W3A0NdWI (r4 13`IdWQ7 d0 37NY18R79V Ol N01Nd CI39VTd3NI036Idd3N 30 TVHS 1031-06:1 51H1 40 NO117f1N15NO'D 01 3f10 O39V1.1VCI 36V H7IHM 9NIdV95ONV7 9NIOf1E7NI 51N31.13A0NdWI 31I5 9NI15IX3 ETV '31d15 HVlfl CNN/ ' LLI7 9V01^1 40 SNOI1V7IdI9385 341 01 WN0Ai07 TVHS 53NI7 N3M35 Td '31d15 1-1V1f1 0NV 'J lI7 9V01.1 d0 9NOIW9IdI7385 3H1 01 14NOdN09 7EVHS SNOIIVTIVISNI 3NI7831VM 77V '9NIAVd 01 NOINd 63A0NddV CINV 031921 29 15f1W 53NI1 N21,439 (NV N31VM 77V -210V7I144V 5V '(NOI563A 1N3NNf17 15OW) SNOIld9IdI93d5 1N31"13A0Nc114 or -rend CINV 5CNIVCINVIS N9I53C1 .LLIO evoN 3141 HIM 39NVO'6099V NI Q31,410dN3d 20 01 5NOI1V77V15NI ,lll un ETV '379'd9ITddd 5V 'J.LI9 AVOW d0 9NOIlV91dI93d5 C NVC1NV15 3H1 01 1^189 N09 TTdHS >NOM d0 J.1I7VflO 0Nd '9NI153.1 'S-1VR131V1.1 '.IVM dO 11-19IN 7I79f16 3H1 NIN11M NOI17fIN15N07 77d 'B -5311I1I1f1 dN(ION9N3ONf1 NMON71Nfl 2k0d 372I5NOd53Zl 20 TVHS N019VN1N09 3H1 'N011'YT615N07 M3N 4NI7N21 .100 32:10d39 MOM 3H1 40 21110'd 2E11 9N07d 53W7I1f1CINfIO ONfI TN 40 NOIld90-1CW 39N3151X3 NI3H1 JkIN3A 01 N019Y?11N09 3I11 d0 J,.I.I7ICII9N0d536 3141 39 1709 11 99NIMYNC 31-1 NO NMOHS N3HM 31V14XO&L:IV 361V 53iI.I7I111 ONf10N9N3ONfl NMON71 77V dO N39141N ONV N011V907 '3219 '3d,11 3H1 1-14C1NV7 V 1V 31I5ddD C1350d5I6 39 TVH5 NOI19frei1GNO7 9NRIf10 03AOW36 N3A09 3A1d1393A TTd '3C1V?799n5 M0139 133d (9) 336H1 NVH1 553E ON d0 1-11d3CI V 01 CGA01,43N 39 01 Zed 510024 ONV 5dWflL5 '1-15f1N9 '533%1 77N' 1N314l2idd30 5:12101,4 7I79flci J.LI9 9VOW 21•IL .l9 03AONdcIV ,17N39V 1N30N3830NI NV 39 77VH5 ,ON39V ON1153L '9NI1531 GNI821'01 H11M O3LVI9055V 5150E 11V 210d 379I5NOd53'd 39 TVHS N019V611N07 '9NI,L3ANN NOI121N15N09 TTd 9NI0IAONc1 d0 1S09 0NV NOIIVNICI6009 341 NOd 3T9ISN06538 39 TVHS 21017Y61N07 NOI19CN15NO7 360d32159NIIATdNO 9N1'6122 1I9N3 Z131410 CINV 3531-11 WONd V1VCI 3`19'd0I7ddV 77'd ONV RN1763LN30 '1N3WN9I1V .1.41N3A Ol N010VN1N09 '032i1(1026 SNf1014 trZ NO J VO 553NISC9 TECH 3NO d0 37I10N WCWINIW V HEM N33NI9N3 ,lLI7 9V01"1 IM 03LVNION009 3S 19CW SN0I193d5NI 77V '012H 51 9NI1331"1 NOLL7C2i19,10)-38d V 7I1Nfl 0a I JI1422136 39 77IM J dM-dO 1H9Iti ,._LIT 3141 NIHIIM N0 31I5 3H1 NO >NOM ON '31I5 3141 NO ›Wivi NOI191Tt11.5NO0 NOICNV 9N599f1d9 '9NINd319 ,.NV 40 39NVACPd NI 5J.d0 551+1I5f19 (5) RAH 40 HRWINIW V N33NI9N3 .UI9 9V01,4 3Ff1 H11M 9NI133W N011OrN15N09-3Nd V 211C3H95 77VH5 N010V2:11NO7 'MON --IV IANJD tr10/01 ::I.(.VCI ■ J siaaxS 1_ :,10 1 1 TO-DH IR3Hs HVII1 `EVOIAI HIDED NaMo9 69ti n N _ 0 � y o n a � 0 0 � r uloo. [ iparnitea L6£8•£L9 (S£t) x.3 9858•£L9 (S£ti) ad +Mai?'tr;fl `aim° 1S Z-y a;ins'anuQ apis oARI sad ZS£ n C r • C C r '15N00 geGb> :Jn1CI :AB CIFIN:):1H:] 00,917o1-43N GGNreIGGq JO SIS'v'9 �lOJ.�/��lt1S SIH1 J.9 .l;S d'o") H1IM „4-2/■ { Ids) INawnNow �NI�fZ1 LN O ssauisn8 MON £-8 H L7 7 (.9 7 I / II 0 9 - - - - - A-0N') rompe Al-0-?J NOISIAIOflnS N3MOG O EZ 101 ?:[3Nd00 35 0 O'1O7 0 5C loo�s�c 00.09 1� '05 009 --�72:'dd N0f1'd'�Id � CIVC) k a 0s'eS 9• \�, M 9Ekee 2 N3MO9 }a9-17) 1� .05 a sorl O5'L(3 I OQ S91 I •i enS M,I 00, 9i70 LQN 1N3INOSV4 NOI1V9INNI 8 JOI 0O'GO! NgM09 bG-17) 'OS gesli Zo7 6 0 0 9'v'l eao `,4a ZI1fl 71 f9(Ic! 3QIM .13 0l (3 -17 0 Lq G = 93�l) a jog 1VIC1NOS ,OSLQ 100, J17OL G 0 o° 'lN'5915 `333H '5931 `9 335 AO 17/ I. 3N 3H1 NI ❑ 31V3 ❑1 UCI N❑ „9 E X „t7 z i 102=n L 5 LV 0 N 0 0 l M HOG :AR ❑TINBISACI g1-QeSb> :•01,4 BUf `V IO/01 J SiaaHS 1_ :40 1 1 TO -Si IR3HS HVII1 `EVOIAI HIDED NaMo9 69ti uloo. [ iparnimm L6£8-£L9 (S£t) x3 9858-£L9 (S£ti) I[d Z-y a;inS `0Apa axis oARI ZS£ C r • S 0 z C r '15Na9 geGb> :Jn1CI A1N0 5133HIS N❑151A1081-15 H311119 ❑NV 8dno 03131❑❑W „L - „S ' L T (NIN) 119 L 118 1117 3e 111M 13315 SNIOa❑3N13L1 031VNIN'd1N E13131NVIO Live ❑E 3❑ NnNININ d H11M 53O11dS c (66-1 ❑1HSVV) 'AlISN30 Ada NnNIXV 1OVIAN❑0 '1HI2i31VIAl 35mn❑n 3SVE1 031V3a1N ssau!sn8 MaN £-9 O31❑3f 3L1 110 NHOA '6 •S d'd1 H39SV15 '13 ❑ 96G6 ❑1 IN 119 35n 'G '1001 SINI903 „ZIL V H11M 313aON00 3903 '9 'N0110r1 I15N❑0 01 a❑IhId a33NISN3 All❑ A11O EIVON 3H1 H11M 031VNION000 38 11t�'H5 1N31A1d013A30'LI❑3 5AVAAH31VM 313HON00 AO 9NIZIS 'S '301ns NSIS30 301SOVO N ❑'1'H'S''d'b' 3H1 NI 0311V130 S1N31A13N1r103N 3N❑Z ZIV31O 3H1 ❑1103renS 313 11VH5 S3dAl N311no ❑NH aNnO 3S3H1 3❑ 35n 3H1 'H33N19N3 A11O 8H❑N 3H1 A8 03Z1HOH1nH SS31N1-1 1N31Nd013A3❑ M3N HOA 0351-1 3e 1❑N 1-IVHS N3111-19 '8 eHnO 03131001A1 ONV `a311ne '3 eLinO 03110N '17 '(NnNIX'dN) 51VAtI31N1 1❑❑3 ❑ L 1'd SlNI❑f 10d1NO3 3❑'d1d 'E '9NINHO3 d11S'LI❑3 133A ❑S L AH3A3 ❑NH SNINNO3 135 ❑NVH a❑3 1333 ❑5 Aa3A3 t313NON❑O AO d01 H11M H5n13 'HONI L 9n1d 313H0N00 AO H1d30 11n3 1V12131'dN H31113 1N1❑f 'S1N1❑I' N❑LLOV`1N00-N015NVdX3 30V—Id 'Z '51\1011VO131O3d5 313HON❑O ❑HVONV1S A11O 13H❑N H11M 3ONVCIHOODV NI 38 11d'1-15 313H0N00 L :83113N 1VH3N39 „9-I L „Z L 1117 d3111-19 aNV adn❑ ❑311❑N „❑E a311n❑ )2 ean3 a311❑H 'X3 ❑Nn❑a❑ 'X3 M❑hl + 100'8 L 3aea❑❑n5 „a 1 l (SLAP „3 - Z) 11'dH cIS'd „17 ZG'9Z+Z - ❑❑'❑❑+ L "d15 'h11O 1•43M❑S NO1103S 03SOcIONd 1N3N3A'dd M❑h1 f 1 1 1 1 1 I I 1 S❑HV0N'd15 A110 13V❑IN 13d a311ns '3 8anO 03131001AI 1 0 I❑❑'SE 10 53IHVA a311no ❑Jn❑ a311❑a 'X3 ONn❑mo 'X3 'a1O N3M013 N❑11035 ONIlSIX3 1N3N3AVd 'X3 L--------- ----------------------`� 3 NV1 3 N V-I Mo�3 + ,❑❑'13l + I❑0'8 L MOH a3111-19 x4 ean3 a311❑a 'X3 ,00'SZ 1❑ ,00'SZ HOG AR CITIN 7ISACI S1-gesb> :"onlflor tr10/01 ::1 NCI. ■ J r SI.JRH5 I- :CIO 1 1 1 TO-Nd .L33H5 grIDNID KIMQg 6917 hri Pzi o 1110ZY OETAIMA7 L6£8•£L9 (5£t) x3 9858•£L9 (07) ud 06LV R 1.1E1H `A.10°0 'IS Z-y cams `lip(' or:loaA:a lseg ZS£ C r ■ Gra C O z C r 15 a� geGb> .f�MCI Lb9 b Qbb� bbbe NS O o °o D i Lb,b� Qbb � � -. Y � 93 �bibbe --------- id .r10.6r1 - 0.---- ----"_—_____ rn3 rn i, us _QLx -61- -1 ni rti3 1— rn II _„x 6 w � —t T rn k HSINId 1.04006G 14911 V RUM Q71 39 T1VH5 2i2N9N09 NOrNa X3 11V 01 ��-01H5Va Zal 7VI631VbJ NOIGNVdX3 717IH1 77VH5 51NIOf CIVS '5CJNYCN'd15 N9I53C1 llI7 431'd01,1 N36 03T1V151s1I 3H TIVH5 51MOf NOISNVdXgA0llb'705I 'h G2AN(17 aNflONY '7'0 „1 3 514lZk 11-19W615 NO '90 „01 - N-211r19 CINV ger '7'O „Q - 43V75 717VM3QI5 ,,i7 '37na3H75 9NIM0770H 3H1 01 ONICIN077V CIIZVdS 39 17VHS 0NY d3K „I 1SV37 1Y 3H 77dH5 5311006.9 'Z od 30 3YJI1 1V 313NIONO7 a3W603 71V NI a30V--0 39 71VH5 511,1I01' 70?LLN0'3 02//0060 V „01 - N211(19 8 4I?Jf19 .IVNI H9V3 70 ,01 - 5717VM3aI5 '37(1CGH95 9NIM01703 3141 01 GJNICrtiCMY a37'ddS 3£ TVHS CINY 5CINIVaN'd15 NOI530 EIV014 bacd 35 77'dH5 51NIO1' 7061N09 1(I71N4V5 9NIHSIIII3 �13.L3V J.731VIa31"11,4I CINfIOd1.1Q7 9NINIfr 28).1 3NVNGIAGW 9I131-11N,L5 V H11M a31'd3dl 3H 11YH5 312"N9N00 TIV • R 5 'a35f1 0710H5 3NC114140d 9NI7f103N -N31W V a36I536 51 ,11I7I5V7140M •0.1V3tI9 Y,,17] NI 1 d0 &MS Wf14IXaY.1 y 1d 37V7d 38 77d1-15 31�7Na7 Ta 'tr .5 ZIIa C73NIY&LN3 `TSB 01 9517 IM 1-119N36.6 3nI55-26dlfl07 ),VC 8Z I58 005GG NIW 3/1VH TFI145 NaLLf19 & ffN(19 CNY >NOM 1d73 NOIN31X3 NO Q35f1 31�7Nap TV 051-7-W1SV 1214 0NV I7a717V MO1 'III NO II 3d)11 3S 77VH51N3I,139 aNV71N0d l 'MON ViJAVd ❑NVAITONDD-IVZIANAD p..- — . ssau!sn8 MaN £-8 G 'v t 96n9 aoI�laow M3N o1 9r1n7 a2710Nk 9NIUIx3 N�3M133 N011ISN\reil NIW O-,5 Lgbbbi ='d0� / 1-171'dW 09'bbb5=-id H71'dW bbbC=791f H7i.'dW X x 0 = �z NJ 1-1 -06 to 00 Gt. bbb5='d0 -41- i71.:19bb�=l.d 7�1 17gbblaG=lyd mo9 nY�i0Yo1—VQ ,0o.oN ,tOe'd 91j bbbe= 9 v d� \ .619VV / —b-v- -�Q 4d (1 hJ [1T / N � rti 96GZ' I AL Ge-bbbe='d03 ti I _ ♦ ` „G5, (de obta •-_ �• ,0G'1 K°bbbC=7dIS.�Y791 3c1075 ONIISDG H71 W tb- 9 1 4/0 0 ob / x� 9NI_LGIX] f I 1EgbbC=V03 }i71'dW 90gbb5=-1d H71VW If 99' bbbG7d118 LO'bbbC=b'0� i — bb. bbbE=g� 1 _ -17L'43bb�=791 a 0+1 H71�w 11 Grakn7 03I�Ia01"1 M3N o1 H.6n7 ❑21-10N1 �J"N1I1IX3 N 3M139 NOIII5NVN4.1 N1W ,,0-,S gggbb =Nf �0 bbbe=9� b 43bb .921_ f39.gbb.e='d0] �l'bbb�=9d ZabbbC=7ci Zfli ,IIII`I'dnD NOLL fiaL5N07Te1cI Ol "71 9141d'd765NV7 31gd7N07 ).NV 9N Eicig 1 �79I5Nad5-Td1 5I �}017'd-81N07 -1;Z 101 NO 1-47VON7ND 01 9NIn'd-iJ VOl H71'dW 01 NOIlVATIR 9Nre4 I+ G11 HW 15nf n'd gg'gbbe=V03 olbn , 00. gni 1rbbb5=7od 791 Pg J 310d 1H911 -X3 31❑HNVIN H3M35 'X3 N❑1133HICI 73 3d015 'X3 N❑1103h110 '3 3d015 •ad 3N11 N3M3S 'X3 3N11 t131N33 d3J_LI79 73 82j113 'X3 11VHd5V 'X3 1N3 lN3 BV3 'X3 3N11 Ald3d❑tId dl� 1%00'1 ❑N3J31 f.11N0 ,9£ X „173} ID =II :37VOS 0 HOG AR CITIN 7I5:1CI St-Q�Sb� :"ON1 flHf `1✓10/01 :Fi.LVCI ■ J Z2RHS 1110D'pA aermaims L6£8•£L9(5£t)x3 9858•£L9(SOO ad 0608 via `Amp is Z-v alms `anuQ apianART1se3 ZS£ C m • m a Z C1] e r� &iv'N :A41 Q3 ]3II 7 l NOL17fINISNO7 31-11 CT31936m J.'d1,13ARka 3H1 d0 NOI1Wc1 3Hl dO NO119ff211SNCY)16 aNF/ 9NICY69 MOTPV 01 fly Nb'2J 3H TID,ei 1N3W35'd3 NOI19M1.SNO7 A:IV210d1,431'd 1FI1-11 trE 101 30 2GNMO 3Hl ,ld Q39Q3-MON>7b' 8 CI3NOIS NOUN1N3I4YDOCI 2i31110 N-D 131 ,k1I7 3H1 RCN:1' 6191A 211s1M0 310d 1H911 'X3 37OHNVIN N3M3S 'X3 No1133 11❑ '3 3d015 'X3 N❑11032i10 '3 31=1015 'ad 3N11 d3M35 'X3 3 N 11 1H 911AVO 3N11 d31N33 2i❑NIW 2if1❑1N❑❑ 'lid aorHW Nr1OIN❑❑ '�Id dONIW zin❑1N❑o 'X3 Dorm 2inolNoo 'X3 L1311119 '3 92in❑ 'X3 11VHdSV 'X3 lno M'd5 'Zid 1N31N3SV3 'X3 3N11 Al2i3d0dd 31Q N 9600- I 9600- l :CIN3J31 ss3uisn8 MON £ 8 Z 9Z1f17 O3I�IO01"1 M3N DJ 9-6f1O O2110Z1 9NIIIX3 N33M130I NOI-LISNY6J- NIW „0-,5 L9'bb5‘d03 / 1491'dw -• —• 09-19bbe=74 H91_dW 0'' %e3 -1 gibbbG=d0a 171.'bb=14 0,1 17Q'bbK=1d`M09 ovolva ' ,ocoN / B'd 91 tobbe=94 7 06l I l I �I I 9NI15IX �IO��i ,oS'���V bOd r — — �efe-75- rt H9IVN a� 0 4 1A,G=Ni 99' 15,1ciK=0d/18 If'bbb=dO3 i i I 1 -__-gck;-1S-_ JNllSIX3 —57 bi7"bbb =94 1 I 1� BbbE=dO3 HOs'dk 90Bbb.2-13 H91dW 00+1 i-+91dw CINI19 O3I�IDOW Mal O1 �7 a2"1"102i 9NllDC2 N331,111313 NO11I5NY241 43gQ1:49 =d03 W-bbbe eb'BbbC=991 429.9bK-z-VO3 n'bbbG=9� �0'bbbC=9c4 991 ..univno NOI19(TdusN073zid o1 '213 9NIdd9OGNV1 31.3e19N09 ,lN'd 9NRJIdd3ei zlo3 ;19I51\10c536 5t .8019das-N09 I7Z 101 NO i-19V0e9N3 01 9NICINed9 VO1 1491VIA Ol NO11\i/ 3I3 9Nie CII1 141 15nr0d ' BQ'gbb ='do3 „n�,�oalba ,00 G 1 ,nbEd bb=7nc1791 i IObbbC=94 r• bg bbb0=9d/1 781 ft '319I5506 1N31X3 of NDIJN1393A ; .lHd'd2190d01 9NIa'd69 9NI15DC3 NI'd1NI Inl 01 9NIC Y69 CIZId L TdNId L 'S1N3N0d1407 Treed. INNS dO 1210ddf15 NO d CQNNTIrl 5'd3?1'd YJ0raml Q3A01^I324 38 77'dHS NOU.VA'd7X3 9\11WIO Q3tl31Nf0']N3 SlY1-631'd1.1 TII. 9NI1SIX3 ).NY '9 -0219dd1,407 CNN d3NOI1IONO9 32kfLL5I0W '531-17NI B 30 H..d3Q d 01 (12UI21'd75 3H N3H1 TI+H5 Nadl'd 3H1 '93H9NI 9 d0 1-11d2a NI1,1 Y 01 510021 a v NOI1'd139311 Tlb' 30 CQddIa1S T1VHS T1L4 3A3)32:1 01'd3?J'd 3H1 -11 ,lN'd 3O 11GW37'd-Id 3H1 01 NOINcl 'S '9NI1531 341 3D 9Nr if1C:H.% 3H1 9NIJVNICI6OO7 TKII5N0d536 3S TPdHS WW9l 211N07 3141 213A21,40H '35N3d)C3 5,?J019'di•J1NOJ 2E11 _LY a3191CINO7 CM/ 2:1017Y 1LNO7 3141 'LS a39NbZr&IFI 39 �� di IS 9NI1531 3H1 'Sd3t4d 03d1f75QNY1VS 000E 2:128 1521 I QN'd ',LVM 3D 114916 3141 NIHIIM 91/3a1'd 210d J33d NIA 0001 ).21A2 1531 I'53d(117fi211S 213aNfl SValY ?:10 13 05 0001 ?lad AIL l lb' (611531 3S TIVH15 13Il H7V2 VI631Te19 NOI17'd61"I0) 3H1 1-111M 37NYI-Id1,107 2i0d Q31531 CI -GU 3H Trois ;ES 341 NO Q3 Yid TdR:31'dIAI -1113 Tla' 'tr CfO'w d0 ` E1,1S'd371d - 5V3zla CrdcM9SCNY1 213CINfl E'� 'CCIAI 3O 96Sb 1SYTT 1V - 0,102J) ldM dO 11H9I'd ON'd s-76r 9rraL5'1N3YJ3A'dd ?J3Qhlfl Tfld I :(969--Cl LJ1Sb' 2:10170rJd Q15 J.S Q3h1IW?J313Q SY) NOIl'd7I3I73d5 9NIMOT10d 31-11 01 63194(8407 aNd 'WfIWlldO dfJ %Or Ol SNOIlIaNO9 361111S10W `51dI1 35001 > NW „9 NI C2'9Vid 3S 77'd1-5 QNb' '?13121,NIQ NI „9 NM-11 2i3921b'f 5>00Z4 QN'd -1b'I2i31'd1.17INY9b0 d0 3_46=1 35 1-1VHS 1'di2I31'd1.1 3H1 'SNYlci 3H1 NO *VHS SNOI1dATE 3ifl 3f15 3H13A3IH7'd 01 SY CI3Sfl 2E4 ;MAI Te821V14 M02§203 3LI5-ND 5 '3142I550d J.TIV7I10Y&I S'd N005 SF/ S37'd324f15 C[3CIY69 ,L`1-1532id NO NOI1'd1393A HSI-10EY1S3 'S534717I1-11 NI „9 9NIQ33O1C310N 5.1HI1 Q319'a'dh107 NI R9VicI CIN'd 9NIOY1c1 01 NOI&I Tdr6R1VVI 71Id 77'd NOI1ICN07 36(11SIOW').-11N2flO3zkd 5'daes, a39JfL5Ia NMOa 13M 01 N.2 YM 35f1 'SJ dQ ,LQNIM NO GaLIAIIW 9NIC Y69 NI 35„d9N3 10N OQ 'CI3»?JOM GNI3H ):GAI19'd S'd324'd CREW- 91C HO 1Nfl0wd 3H1 1I1,111 'Q3M0110H 3E 11'd1-iS 53OWYetic! N0117f12i1SNO7 90401103 341 '1910 3AI1ION - I ND7 01 2i3C 80 NI SaLIAU-OY NOIJ-0(16 LSN07 3D 11153tk d S'd 3115 9NIIIX3 1,4O21d 15f1Q 3AI1I9f1d IIGIHO'rld SNOIJNif19321 N901 QNV 31'd15 L J lIAIl7'd NOIl'Sf11'd7X3 MY 01 ZIOI2id Q3IdI10N 3H 71VHS 5-7>M1S 3fn5 'DS7d S3IlIAI17'd NOI17f12i 9107 9NI7N3141^I07 Ol '60I24c12I33NI9N3 J.1I7 evow wOeid 11114163d NDIJ-VAY2G N'd 9NINIdl430 3E®5N085-MI 32 TWIG 2101OdaLN07 l :S31nN DN I0 D (AWN❑ „9E X „b2) 10 L =II L :31V9 5 0 0 1 HOG :MI Q3NDIS3Q Si-e0S19> :tore sor Siaa[IS L dO 9 1 TO-Ifl .L23HS HVII1 `EVOIAI KIMO9 6917 :al 0 woo. [ parnirea L6£8•£L9(5£t)x3 9858•£L9(S£17) ad 06LVS `aSio00 3S Z-d alms `anuQ aplxionra 1seg ZS£ C� C m • a Z 0 y0 ci) art �z tD:J cm) '1SND2 geSb> �MQ ?P•g" :AEI 0371a3Ho ,01=„1�d0s ,OE ,01 M M---M----M--- M--- 9---9---0-- Lill--bSZ-S�-b �ssr;,g n `9b01"1 Ibl •S DSi,Z wisano SVD Ib?1I11'dN �43-17L-bGE-Ge•7 CeGi7Q r1n 9V01A1 •1S ?Ia1N'D 1NgW18'dc1ad '131VM 01014 "dA_LVM 31.SbM -d31b'M oLOL-I��-egg 1ob:-q Hvin 'd7DI�H'3r6 '1S NIVN 'N DIL '83MOd NI'd1Nn014 J-:>190 1 S3DII1d3S AJ?I3 N3 uJ07'lioua6@skI t. p•pt7u7 bb•�O-�•b�-IOg SIZlZk'dH O'dH0 SI 193F-02:1d ' 2NMD 3�+1 113NMo NIVW NAJ.VM .17 9NLL5IX3 3A1VA 9N1191X3 g — —s5 — —„9 — 3N1� �35 „9 9NI15IX3 5S--.,9--55--..9--55-4,9--SS— F - —FJ--- I_ 3Nn SV9 .Z 914119IX3 V12121^ti ?131V1-191+11.15IX3 3106 1H9I"1C3106 Z13MOd dO NOLLd7013?1 03S060?Id ssauisn8 MON £-8 ZI3131•4? 2.1-VM dO NOIl'd90T26 0a5Odorad I I 1flONV310 z121,,135 CAGO6021d 2319NL151X3 l 031Y 012 22 of l` 2706 11-19IU3108 ?431,40d 9Ni151X3 i „9 l n —SS ?i31314 ?J310.1 O350d0?Jd l I 1 l l l 1 1 1 1 1 l 11 11 a Zr_0b (H1(10S)1f10 ANI l-FELO7 (15V3) NI MI Waif* (H1SON) NI ANI b'e►-Ok wlz+ 3-I01-IMdw 914115Ix3 i f1ONV217 ?131.135 035Ocladd "A l LOA2i2i0ONI NMOH'S Z{O NMOHS /ON S3L! I iLLfi NOd AirlI2ISNOdSS21 ON SWRei �133NI9N3 3H1 -53IJ-I art ill d0 NOD-O3f-0Na} QNY NOLLY701 3Ff1 76Od 3lgISNOdS3z! SI NO_L NIN07 3H1 WINO NOlOVNiN07 3H1 4.0 371,131iN3AN09 3141 ?).0 SN�Zd NO NMOHS 9NItSIX3 ��I10N •hip nog( aaopq pa •nnoiaq Sow MOUE '3NI alIci 3FI1 d0 C1N3 111Hdf1 2-11 5a6V1v101 Q3LN3R10 3H T'dH5 536I6 NIVW Z13N135 C1NV N13J \PA d0 S6N3 621132 '7I'd1312 Cl?:IVCIN'd15 N9I53Q J.lI7 EIY01,4 ?i36 9NI719012 151T6H1 313Z0N07 3AVH TVHS 371Abi35 Z131,435 NI SON343 'S3IIIitin J LI9 9VOld FUN 53IIW17V 31VNIQwo9 TEVHS 6017V?ILNO7 llId]19VS (INV NOIIVAVR3 3(11A0?1d TPdHS ONV 59NI I I u ).Zk'd553731V 3H1 9NIQIA066 ZIOd 31HI5NO6536 39 TIVHS N917V611V07173f Ozld -12NN05Nad ).lI9 r1.9 CaNCINO7 39 TPdHS N01173NN07 30IA?135 N2M35 9NI15DC3 01NI 56V1 2/0 •9 '1IV13CI CI6VaNVls N9I530 ,LLI7 EfV01.12128 9NDI90-1H 15fr6H1 313-691+1O7 3AVH 77'dH5 NIVYd zl-3LVM NI 50N33 77d -53i11-111(l .11I7 SVOW HIM 53I1W19V 31VNIcraIO09 TVH5 W19V-1N09 -1-1 >o'v'9 ONV NOIIVAV0X3 3ClIA066 Tl'd+i5 CNV 59N111Id ,L?JV55373N 2-11 9NIWI0‘66 3`I9I5NOd52s6 TlbHS NO19Y11N09 103"0246 13NNO5?13d ,11I0 J C131212N07 -17d1-15 WW1 ?131'd141 9NI1GDG 01NI 5dV1 3AI7 S '3616 341 01 d01 341 ?GAO Z13A09 'NI Q•b 15V91 IV 3AVH TIVHS SNIVW ?131VM 71V b •371A?135 NI 53N119NI7V18 01 Wrakd 1VAO?1dd'd TJI3H1 TJOd )11I7 9'd01,A1 01 C2H5INsfld 51`1( 1531 )L?101V609Y1 CM` 5N011'd7IdI0365 HY-Lfl dO 31V15 N71 402149 H (2W a3211INb'S 3g TNIHS 5-W1 >iq I VM E 'C3z131N(09N3 36V SLOTU+109 dI ?133NI9N3 ,L LON ONV NOI1911615N09 Ol SOI21d 091+1901 53I1I1Ll) d 9NIAVH 21Od 31SI5NO652-6 3$ -11VHS '60.1_ J1N07 -.ONO 391+1262 `d 9NIC012 5,Z1019d?11N07 ?JOd canN31NI 2•6'd NV1I8 5IH1 NO NMOHS 53i1IILLfI Cl2r6fl9 9NI15DC3 d0 N011V701 3H1 •Z {WIG62A 1N36&I9 1501.1) 5NOI1V9IdI7365 1N31f1 1.1I 7172fld NV GaNCINVIS N9I53Q J.1I7 SVOW �139 i1VH8 SNIVI•I &TAN dO NOu7161-GNCO �d 'MON ?I3NI3S ❑ NV "d31.VM Thrd3 N3D dVAY Rd1A/13..111 JA9Srdlrd s off � �LSr l LN. j Hag =RH QBNDIS3Q s1-ge b>I :'ON 410 `91I10/01 9I t J &Lams L d0 L ZO-If1 iagHS HVII1 `EVOIAI TIDITID KIMO9 6917 woznyiparnizeda L6£8•£L9 (5£1') x3 9858•£L9 (S£ti) Lid 06L178 gr1f1 `a IC°01S Z-d alms `anuQ omsionra 1seg ZS£ C� C m • :p07J ci) art �z tD:J cm) 1Si4D� geSb> JMQ ?'ij?i LH 0371731-17 'S'1'N '37V�5 NOLD3NNOD DIA?:I3S �31aM TvOldu J 3Q 5>NOM 7I1232 J.1I7 S'dOW HEM 213131,.1 NILVM 3011+131.139V76 220W-d007 17 'SN01193NN07 Cf3CV3211-11 71d NO 0032{ 5I 3c1V1 NO`1331 'S 1NIOd 9159789 31-11 d0 RCS n 11I3 „0-,01 20 1.1111.1INIW V 2147 02NIVINIVW 39 T1VH5 NOLLYNVd35 SIHl Y2121'a`-1 N3M35 3E11 Ol d01 31-1 01 7V?P I V7 N21VM 3E11 30 1.10110g 3H1 14.021d a321f6V31^19d Td2131 V7 23M35 341 3nOGV „8138 7TdH5 7V2131V7 NaLVM 'S50217 1G(11^1 GIVN 1d7 23M35 CM/ )4I VM 32131-1M 53NI7 37IAN35 7V231V7 2Ri3S CNN >17I VM N33hi1313 CEGNE 5I 'i12OH 39a3 Ol 39a3 „O--,OI 'I •GaLON 1N31.11.1EVd3a G>NOM 9I-19(1d lLI9 8V01.1 )13 a3A021dd'd 5V 7dn�33 21O XOS 213131.1 15V73216 -213>21VW NOI1'd707 O3n02188b' 77V15NI .en-rd CNd 3NI7 J. 213d0?12 3C[ISNI NIN ,S Ol EVILS "638807 36)11 „1 35f10H 1.102U 3dId Zi3M35 7Vf173 CI3n0NcId'd NO CIN'd212 3Nf1L413N 3710J.1I7d5 aNV '21017 03n021dd'd 35 NI'dW 2131VM AA/NI-1V NONE 37I17(10 2103 dV2I15 55V21H 37BflOd 7Ad 2i0d dV2115 55V21G CIIi05 37CICl'd5 9NIdd'd1 TdfEg 63n021ddV dO 27724.1 NOI173NNX CI321'd73 d015 d?KYJ (S1NIOf ON) 3d1d J 71 3d}.1 „1 201N3A321d MO7d717V2 ONV 3ANA 7173H7 MICI HEM 22113G 213dd07 C2'dCINV15 „I NIW „ e (301/219 01 135) 111N 9NI>707 1-11M N2A07 NONI 15V7 „81 NOM 7E108 J.117 CNV 2k33NI9N3 J.117 s3'd01.1 l9 P 3.Uvf it 3dId 1110W377 NONI 15V7 221(11711NA 5537Nf1 537OHNb'1.1 231N3 10N TVHS Td?131'd7 Z ,OS 'S111ONV377 N23M133 37NV15Ia XVN l 521DN 9N10a313 XVl^1 „ Z:81c1 213M35 '9'A'd NIW „-17 �t •?a 1 J f19 1* SL§f19 2132191,109 Ta'd31a1 NI3M3S 4 v 34I7 J.1213d0?18 1V Q3ClN3 dI 9f17d 1H9T1 2131VM (ld 11„ V NI1.1 3d075 95Z a 38I8 213M35 9'n'd Nlbl awl ,L1N2c1021d 1V C[3CIN3 5I 7V2f31V7 dI 0321 031NI'dd 31+11-7 ..LLN-d021d NO CIN3 Q350dX3 HEM 23>NVIA1 ?133Wm „frx„Z NIVW 213M35 11=111E111E11E111E11= =11 1E111E11E111E111E11 11E11 EI 1 IE 1 11E11 E11 II II�III 11=I 1 1_. I-III=i I S3NI7 9NI1SIX3 NO 7V003 a3A021ddV NO 331-V-12135NI '140119fr L5N07 3NI1 NPdW M3N 71V NO ILM 15'd932d 63n0N61:1 d 71d15NI '11 's8171_-bgr-g517 1V 53N0f IA21 2105IA?13dfl5 NaYM ,LLI7 8'd01.1 .ld CI31N3141900 CINV C2A0NcicIV 152I. 15fI1.1 a73I3 3H1 NI 3CY1.1 539NV1-19 ,LNV '01 '031%/00NVO'd 3S 771M WELL 53NI7 21115 (1291Nf12J0 531N1I7 30IA2135 9NI1SIX3 77V '(NIdN 231-VM 3H11V >We) dV7 (INV 20 1n7 77VH5 SZ1017V211N09 � H71V321 2E11 d0 WIG HV3 NO @CI 1-17N3211 3H1 d0 39® WO?16 219 23110 „9 V HEM 911c2C 11,131.13AV6 9NI151X3 H91V1.1 Ol SI 9NIH9N32113c1Ic1 3141213A0 039V7d32117VHd5V B 5C121V0NV15 N9I530 .1E9 GY01.1 31-11 NI 133145-11V130 9ND1707S 191NEH1 CINYCA1V15 3H1 NO NMOHS 5V 9ND1907H 15f1NR1 313217N07 HEM C2CIIAONcl 32 7WH5 53N17 32Id N31VM NI 53H9NYNGI CINV 5aN33 1V 59NLL113 TV L 1NV2�a 1H CINV X0S 3n7VA H7V31V do 1H9fIONO 38 OS7V 77V145 32IIM 3H1 -5350d21r1d 9h1I1V707 210d 53NI7 ?.21 VM 77V O1 d3dV1 312 77VH5 32IM 390d9171 -9 'SNVI7INH931 J.721.1355V M073>9Vs2 03f41 I +d37 J C[314?103T13d ;GE 77VH5 NlYcl321 NO/CNV '37NV1+131NIb'1.1 9NI1531 77d Tr XIQN3dd'd) Q1 NaLz1VH7 2007 9NI91.1f178:1 1.1?10dINf1 3H1 d0 51N3W3NIfl7321 ELLN1 39N'd1.1210 07 NI SN01193NN09 37IA2135 }.NYNI7n7 T1V NO a311V1GNI 3H 7TdH5 5371A30 NOI1N3A321d MQ7d719Vg 5 v9r809 (94 N26 S1,4315J.5 2137›NILidS 3JId 21Q3 ON'd s 9190E NOI1735 081) WO") 9NI914r16 7VNOI L'OrN 1NI 3H1 )44 MO-1 7VS 15NIV9V C217210266 39 T1VH5 5W315,15 NOI1V9TNNI NMV-I 01 J.7ddf15 ?J31VM1 372V106 3H1 NOI19(1N15N09 314I73dId 210 9NI67If12 ,1N'd HEM 9NI02390216 Ol JORId Hld3a aNV NOLLV907 )&2E2A (NV 53N1I73dT 1 TV 370H106 77V+-15 2017V2I1N07 'e LLI7 2'd01,J J.53 C2N3151NI1^1CV S'd NOIEC3 „3607 9NICI7Ifl3 Ww iNtn„ 3H1 CINV '„ 3a07 9NI81.11-176 7VNOI1VNN31NI 3Hl„ 'Q NOI1725 „SNOIld7TdI738.511\31-13A021dWI 9I71316 CIN'd 5C121VC1N'd15 N9I53Q )11I9 2V01.1„ 31-1 Ol 1.12103N07 77VH5 NOI17f12LL5N00 TPd '1N31.121V630 NaLVM L1I7 2V01.1 3H1 (7413I7df10-3?18 N332 5'dH 1'dHl 21019VNI NO7 'd ,LH 0377d15NI 3S 15f11.1 G>NCM ;NI7221W TPd l S31O N NI31dM '2k3NMO J.S Q3NIVI NI kl 3S 01 53NI-1 J2M2G 31VAINcl 'S1nONd3-10-1V2131V7 23M35 N331v1130 37Vd5 WfI1,1DCVW ,OS 'b NOI1735 „SNOI1V9I3I73d5 1N3N3A0NclIA11 7I79fId QNV SQZIVQNVIS N9I530 ,11I7 S'dOW., 31-11 OW 1.1NO N07 77VH5 NOI17f121J_5N07 77V 531ON �31aM 31S'dM" 'N0I19(12E1GN09 Ol NOINci llI7 2d01^1 ,19 03A02ddV 321911.1 531E71111213M0d 9N115IX3 2V3N 53CV219 9Nll5Ix3 O1 539NVH9 77V '& '57070102cl 53aIV15 0-12 7Td M07703 012 01710i1N09 '11 lIfI0N0) ,,G NI WOW 00S = SdWV 009 lIf1 NO9 „S NI WOW 0% = SdWV 000 110C1N07 „ Z NI = 5dW'd ODZ iincN09 „Z NI y= SdW'd 09-001 :20 TV1-15 213131,4 01 -821,1 9 5NdZ11 NC& 213M0d ,121VCIN0735 G •a31ON 3SIM23H10 :37Nn MEMO') „Z NI 321IM O/l 353 TVH5 213W210d5Nt�l Ol limn 213M0d .121VWT26d Z '11flaN07 „8 NI 361M OSl_ Re TVH5 HOlINiS Ol H711M5 1-102d N-3406 .121V1.1121d I S31ON Ni3MIL)d ,01- 2i3NIOd Ol SW ,S-2131VM01N31VM (7V7I1N=1Aj „81 (7V1NOZI6Orl) ,01 - 2131VM31SVM 01213 LVM ,01 - NOTl'd9IedI Ol t131'dM s - 2i31.40d Ol 2131VM S - ?131'dNi 01 SV9 S - Al 370'd7153NI1 3N01-16 01 2I31VM NOL LVWd3S kin lin D1 'H?1n7 d0 >7V8 601 01 a3CIY89 511N3.135V3 ,11I7I1n _Loo 013H1 (INV 3C1Y80-8115 d0 :31 ONI 9 NIHIIM 3zlV 5112211G 021221f19 5I H7143211 213NiOd N31-11v1 NOUNTIVISNI 210d 37f1d3H75 3H1 NO lfld 2.2 77IM 529 ggvuG9110N 1NV1N0dWIxxssx b 173f'08c1 5IH1 Ol 37IA2135 5'd9 d0 }.'d73Q NI 11f15321 771M 5310N 3AOGY 3H1 H1IM ).781407 01 3? rriNG 8 '213dO7gARa J.S CL4'd1S 32 77VH5 372V37I1ON ,1721V377 10N 5a21VD/E1 23H10 Zi0 51213n7f17'53NI7 2k3M35 (INV 2431V1v1 ! '0377'd15NI 3H 771M 5V9 3210d342 213d073A20 J.H 03>V15 39 15f1W 3CIV2i9 CNd gem 30 )17'd9 'S3NI7 107 ,U.N320Ncl '9 '.1VMV a321V377 38 -INH5 537Id 121Ia 5537X3 QNV 57dI2131VW NOI171615N07'5I21930 77V C1NV Ud I IId717V52 3S 77VH5 G3117N3211 77V S NOI LY1-1V15NI 21313'd 031V707321 21010NV 03213M07 39 01 53NT7 5V9 ,1NV dO 51509 3H1 210. 372I5N085321 3S 771M Na1073n3a•x•xx '0377V15NI 3H 77IM 53NI7 SV9 3210332 221119 30 ›7V9 dol 30 531-19NI 9 NIHIIM 01 CaNN9 32 TN 717VM3aI5 d0 717V2 51N31.135V3 .111111f1 100d 01 341 d0 77V '17 'SNOI1V707 9NI5b'7 210d S'd9 NY153119 _LV 37fl'd7PdA'd 3H 771M d'dW V '1500 213I+/511-11V 213d073A3a .18 a377d15Nt 39 Ol 76V J.3H1 '1:Z1(2 31�1 381/ 511rICNO7159N15V0 dI � '35N3dX3 5,21360-GA3a 1'd 31400r3 51531 N0117b'd1,,10) 77V 139 01 310I5N0d532138 771M 213d073A3a Z 'dfl WIG 5'd9 2:10d CINnO`d9 9\1F>V2d9 Ol NOI21d SV9 NY1531° 17V1N07 Ol SCI331+1 N3d0-13A20 I aLON SVD W1S3n0 '7VA01.1321 17'dHd9V 9NI2f10 W01102 3H1 NI 000M,178 3AVH 15nW 5370HNWI '9 'Md7d J.I1711f1 NO NMOHS 10N 210 NMOHS S3NI7 37IA235 CNV NIY210 1421015',117i1f191,1I15IX3 77V d0 NOLLV707 ,Ld1213A 01 2J017V211N07 S J.LI7 SVOW .l8 C1321315IN11^ICIV SY NOI LIQ3 1531V7 3Hl ClN'd '„ 3CI07 9NIG1.1f17r1 7VNOIJ.VN?13 LNI 3 f1„ '„ 5NOLLV7IdI73d5 1N3143A021dle.11 7I79f1d QNV 5Q21VCINVIS N9I52C 2V01-1„ 3H1 01 1.12102N07 77VH5 NOI17n2f15N0'3 77V 'SN'd7d 353H1 NO 35IM213f-110 a310N 5537N11 S NOI17fI21LSN07 Ol NOINcl 2133NI9N3 N9IS3CI 3111 ,ld 03A0Ncled 38 77VH5 5N0-11V7HC01.1 JLZYd55373N J.N'd -17 AVM-d0-1H9I2k 71-01c1 'd NI 3N0a >NOM .1NY N4r7 1I1.4e13d 1N3WH9'd027N3 Ned NIV190 01 0320r7321 GI 21012f211N07 3H1 'S '173f O2k! SIH101 a31V73a 51N3.13A02/61.11 77V 30 NO1JL7365NI 210d ZONNION3 .1117 3H1 77V7 Ol a321If10321 5I 21017V21N07 3141 .Z N0117f12115NQ9 9NI2100 5311I1ll l 0141029J30Nfl 9NI15DC3 TI'd da NO11731021d CINb' NOI1V907 3H1 2103 3721ISNOd532 32 7TdHS 2019V2LLN09 31-11 l S31>ON A11-11ln -1\7 3N3D Hag :All Q3NID153Q g1-ge b>1 :.0N gor `91I10/01 :31d J J Project K9538 Buen Camino Subdivision Moab, Utah OPINION OF PROBABLE CONSTRUCTION COST Phase 1 ROSENBERG '. ASSOCIATES CONSULTING ENGINEERS \ %AND LAND SURVEYORS Updated November 28, 2016 Item Description Quantity Units Unit Price Total 1 2 3 4 7 8 10 11 Excavation 4" Hot Asphalt Mix 8" Type II Road Base Course 30" Curb & Gutter (w/ Type II Base) Sewer Lateral 4" 8" C900 Water Meter Service (1") Relocate light/power pole 402 3,331 3,331 125 1 903 1 1 cu yd sq ft sq ft In ft each In ft each each $4.00 2.13 0.80 13.50 800.00 25.00 744.00 2,173.00 $1,608.00 7,095.03 2,664.80 1,687.50 800.00 22,575.00 744.00 2,173.00 Subtotal $39, 347.33 15% Contingency $5,902.10 Total Amount $45,249.43 The user of the above opinion of probable construction cost understands that Rosenberg Associates, the Consultant, has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractors method of pricing, and that the Consultants opinions of probable construction costs are made on the basis of the Consultants professional judgement and experience. The Consultant makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from the above. 8-3 New Business iteit82 9 of 9 Moab City Council Agenda Item Meeting Date: November 13, 2018 Community Contributions Title: Community Contributions Recommendations Presenter: Joel Linares, Eve Tallman Suggested Motion: I move to approve the Community Contributions Ad Hoc Committee's Recommendations for 2018 grants. Options: Approve, deny or modify. Background/Summary: The Council requested a revision to the process by which the City disburses funds to community organizations that provide social services and cultural programs to the residents of Moab. After Council discussion, this revised framework was approved on September io, 2018 by Resolution 35-2018, A Resolution to Adopt Guidelines and Procedures for Community Contributions. These guidelines also eliminate the fee waiver process, which will be replaced with a Special Event Sponsorship to be implemented in the coming months. City Manager Everitt appointed a five -member ad hoc committee that included administrative staff and one member of the community. The committee reviewed all applications, ranked them, and agreed on recommended funding levels for each program. Two programs are not recommended for aid from the Community Contributions fund. Staff notified community organizations, including those which have received grants and/or fee waivers in the past, to explain the proposed new guidelines and procedures. In all, thirteen applications were received with a total requested amount of $120,485. The ad hoc committee reviewed all applications and recommends funding the requests in the amount of $51,5oo, leaving approximately $33,5oo to be used for event sponsorships for the remainder of the fiscal year. It is estimated that the City waived approximately $3o,000 in special event fees in the past year, including for parades. # # # 1 Page 275 of 278 8-4 New Business Community Contributions Evaluation Rubric GRANTS 2018 The Community Contributions Grant Committee met on October 16 and 29, 2018 and reviewed all applications and considered the need and services provided to the community and whether each request from the Community Contributions fund was the appropriate forum for the request. If the Committee determined it was the appropriate forum, requests were then prioritized based on the service provided. Complete applications are available for Council review on the shared drive. The programs are ranked as essential, important or worthy. Those that are considered "essential" primarily involve health and safety, as well as multicultural translation and advocacy programs that complement health and safety concerns. The next tier, ranked as "important" include programs serving at -risk youth and animals and a community foundation hub. These programs are provided by entities that are dependable, innovative and which the committee members trust will meet a proven need. The remaining projects for which the committee recommends funding are "worthy" projects in our community and deserve a modest contribution from the City. The Committee found that two of the requesting non -profits either did not meet these categories or should be requesting contributions from other sources of revenue. The Committee also reviewed the applications to determine the amount of funds being requested expressed as a percentage of the non -profit's total budget and possible alternative revenue sources the non-profit could seek outside of Community Contributions. The Committee received requests totaling $120,485 and estimated that the City has approximately $85,000.00 to use towards these requests and sponsorships for the remainder of the fiscal year. The Committee anticipates sponsorship requests at the $30,000 level including fees for parades. Upon completion of the Committee's analysis, the Committee recommends that the City Council award Community Contributions in the amount of $51,500.00, leaving approximately $33,500.00 to be used for event sponsorships. Each requesting non-profit and its program information is described below: Organization Application Complete? Project based?* Other City Contributions Description of Program Includes percentage of overall budget and notes when there is a City gap or Overlap FY18 Funded FY19 Request FY 19 Suggested Funding Level Note Fee Waivers and In -Kind Contributions from past and current years. Is this an essential service not currently provided by the City government? What level of funding is provided in the City's existing budget? Recommended by City staff (Public Works, Police, Recreation, etc.)? Is this tied to the City's General Plan or other guiding document? Percentage of organization's budget being requested? Specific amounts granted in 2018 or prior years Amount requested this year Seekhaven Y Y 7500/yr. plus fee waivers The Committee classified this as an essential service, providing services for domestic violence victims within the community. The request is for the lethality program which would attempt to ascertain the risk and threat to the victim of domestic violence at the time of interaction with law enforcement. The City police department is essential in this program in gathering the necessary information at that time and to make sure that the victim receives the necessary information in order to receive assistance. The requested amount represents 2% of the non -profit's overall budget. 7500/yr. plus special events waivers 515,000.00 $10,000.00 Moab Valley Multicultural Center Y Y Occasional MARC space for activities The Committee classified this as an essential service. The Multicultural Center will use the contribution to assist a minimum of 1,500 Grand t CounMoab residents with Language or Life Skills Su y�Support Services to be performed on or off site. It will collaborate with other local organizations, particularly with City Law Enforcement and other City Departments to assist residents who have limited accessibility due to language, social, or economic barriers. The requested amount represents 4% of the non -profit's overall budget. $7,500.00 $5,000.00 Moab Free Health Clinic Y Y None The Committee classified this as an essential service. Moab Free Health Clinic (MFHC) is a non-profit safety net clinic that was established in direct response to Moab's need for affordable, accessible healthcare. Moab's economy relies heavily on seasonal tourism, meaning that many workers do not have the option of employer -sponsored insurance nor have the financial means to pay for their own healthcare needs. To address this disparity in medical care, MFHC provides primary healthcare, counseling, health education, STD $15,000.00 $7,500.00 Page 276 of 278 8-4 New Business testing, laboratory testing, and financial assistance programs to the uninsured and underinsured (high deductible and catastrophic plans), eliminating the financial barrier that keeps many patients from accessing prescription medications and outside diagnostic services and procedures. The requested amount represents 3% of the non -profit's overall budget. Humane Society of Moab Y Y $3600/yr. in -kind (rent) The Committee classified this as an important service. This request was for the continued activities of the Humane Society to help continue the policy of a no -kill shelter/community. Contributions will be used for spay and neuter programs and feral cats within the community. Over 400 animals were euthanized in the year prior to Moab becoming a no -kill community. The Community will benefit from this contribution as it will continue to provide placement of animals through adoption, population control for feral animals and rodent control throughout the community. The requested amount $3600 in -kind (rent) $10,000.00 $5,000.00 represents 7.5% of the non -profit's overall budget. Moab Pride Rainbow Club Y 501c3Fiscal sponsor is Canyonlands Arts Council Y Special event fee waivers The Committee classified this as an important service. Moab Pride Youth Outreach strives to serve, support, and empower LGBTQ and transgender teenagers, their friends and families through Rainbow Club, an afterschool program serving 7th-12th graders. Rainbow Club leaders are dedicated to acceptance and celebration of, advocacy for, and empowerment of LGBTQ students. Events for teenagers are designed to create safe, supervised, fun, inclusive, interactive environments for all ages and identities; these are events offered to all youth and their families in our community. No other organization in town provides this outreach. The requested amount represents 100% of the non -profit's project budget. Fee waivers ($1400 this year) $2,336.00 $3,000.00 BEACON Y Y Co-sponsor summer camp etc. The Committee classified this as an important service. BEACON is requesting support from the City that will help support enrichment programming - clubs, workshops and field trips. BEACON'S enrichment programs provide: 1) alternative learning strategies that help students understand academic concepts; 2) opportunities to make new friends and experience new adult role models; and, 3) explore new interests that can lead to new educational pursuits and career opportunities. Last year, BEACON offered more than 160 enrichment clubs. Clubs are 100% tied to the Utah Core Curriculum. The requested amount Sponsorship of summer camp, swim club, etc. $5,000.00 $3,000.00 represents 1% of the non -profit's overall budget. WabiSabi Y Y None The Committee classified this as an important service. The Moab community relies heavily on its non-profit organizations, yet its remote location makes it difficult to consistently access educational, financial and informational resources they need to remain viable. Custom Fit and the Chamber are tailored to small businesses, while the Utah Nonprofits Association (UNA) and Community Foundation of Utah are centered in the SLC area and rarely extend to Moab. WabiSabi will bridge these gaps to provide educational opportunities, scholarships, fundraising and grant -writing resources and distribute economic impact data on local nonprofits. The requested amount represents 2% of the non -profit's overall budget. None $10,200.00 $5,000.00 Grand Area Mentoring Y Y None The Committee classified this as an important service. GAM has pioneered a new strategy that honors those needs at this developmental stage: Community -Based Mentoring (CBM). This strategy allows adult mentors and students to meet weekly one-on- one throughout the city at approved sites. CBM will boost relationship longevity and cultivate deeper bonds between students and the None $2,949.00 $3,000.00 Page 277 of 278 8-4 New Business community. The requested amount represents 2% of the non -profit's overall budget. Youth Garden Project Y Y MRAC memberships The Committee classified this as a worthy non-profit. The Garden Classroom Program provides experiential learning opportunities for Pre K-6th grade at no cost to students or their families. This program meets the need for an affordable alternative to the classroom setting connecting to the Utah Core Curriculum. This group also offers educational field trips and uses the local ecosystem to teach geographically relevant scientific concepts. The requested amount represents 3% of the non -profit's overall budget. $6,500.00 $3,000.00 KZM U Room use The Committee classified this as a worthy non-profit. The contribution $10,000.00 $5,000.00 Moab Public Radio Y Y waivers was requested for the community affairs program. The Committee determined KZMU has lost a major funding source and is an important partner in the community. Living in an area of the state where there is no free television, free public radio is a way of having an informed community and electorate. The requested amount represents 6% of the non -profit's overall budget. Moab Solutions Y Y None The Committee classified this as a worthy non-profit. Moab Solutions is the only organization in Moab that can give immediate assistance for emergency needs. They are available at all times for emergency assistance. Calls are carefully vetted and assistance given if proven necessary. Moab Solutions helps with rent, utilities, food, medicines, vouchers for clothing and other items, gas, car repairs or parts, bus or train tickets for stranded travelers, and referrals to agencies that may be able to help. The requested amount represents 25% of the non - profit's overall budget. None $6,000.00 $2,000.00 Friends of the Moab Folk Festival Y Y $6000/year plus $2020 in fee waivers The Committee classified this as a requesting non-profit. As another local arts organization was advised, the Committee believes arts requests may be served through grants provided byfunders (including the City) which serve arts -based organizations. Therefore, the Committee is recommending this request not be fulfilled by Community Contributions. The requested amount represents 2%of the non -profit's overall budget. $6000/year plus $2020 in fee waivers $5,000.00 $0.00 Klima International N Not a 501c3 nonprofit Y None The Committee classified this as a requesting non-profit. The Committee determined that the City has the staff and resources to develop this kind of information. The requested amount represents 39% of the non -profit's overall budget. This entity is not recognized as a 501c3 tax-exempt organization. None $25,000.00 $0.00 * Giving must be project -based and not for general operating expenses. The following points concerning governmental contributions are excerpted from the 1999 Utah Supreme Court "Short Case" in which the Salt Lake County Commission v. Salt Lake County Attorney Douglas Short were in conflict about, among other things, the appropriateness of certain government contributions to private enterprises using government funds. Refer to paragraphs 32 and 33 of the entire brief at: https://law.iustia.com/cases/utah/supreme-court/1999/slcountv.html: The Commission can expend [public monies] only in exchange for fair value. [Community contributions] must prove a detailed showing of the benefits to be obtained from the money given. A general finding that any of the contributions will provide a benefit, without specifying exactly what that benefit is, in present market value terms, is not specific enough to qualify the benefit. Page 278 of 278 8-4 New Business