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Home My Public Portal AboutPKT-CC-2019-07-23JULY 23, 2019 EXECUTIVE (CLOSED) SESSION 6:00 P.M. REGULAR COUNCIL MEETING 7:00 P.M. City Council Chambers 217 East Center Street Moab, Utah 84532 Executive (Closed) Session Strategy Session to Discuss the Purchase, Exchange, or Lease of Real Property Regular City Council Meeting Call to Order and Pledge of Allegiance Approval of Minutes Minutes: July 9, 2019 - Regular City Council Meeting 2019 -07 -09 mcc minutes draft.pdf Mayor and Council Reports Administrative Reports Citizens to Be Heard Old Business Ordinance 2019 -21: Authorizing a Vacation of a Portion of Emma Boulevard and Amending the UTEX Subdivision, Plat B, Lot 14, Section 36, T25S, R21E, SLBM Briefing and possible action agenda summary emma blvd.pdf ordinance 2019 -21.pdf exhibit showing vacation and land exchange.pdf Ordinance 2019 -18: An ordinance amending the City of Moab Municipal Code removing overnight accommodations as a permitted use and allowing established overnight accommodations to remain as legal uses in the C -1, C -2, C - 3, C -4, RC, and SAR zones; Amending Sections 17.06 Definitions, 17.20, 17.21, 17.24, 17.27, 17.31, and 17.32 Briefing and possible action 7.23.19 agenda item oa.pdf exhibit 1 2019.07.03 overnight accommodation ordinance 7 -17 - 19cgm redline draft.pdf exhibit 2 2019.07.03 overnight accommodation ordinance 7 -17 - 19.pdf established overnight accommodations 36x48 7 -9 -19 (1).pdf Ordinance 2019 -15: An ordinance amending the City of Moab Municipal Code, Sections 8.04.010 pertaining to definitions; amending definitions; amending Section 8.04.020 Mandatory Collection; and Section 8.04.030 Rates and Charges Briefing and possible action ordinance 2019 -15 agenda summary.pdf ordinance 2019 -15.pdf solid waste amendments.pdf Ordinance 2019 -17: An ordinance amending the City of Moab Municipal Code, Sections 10.04.230, Unlawful parking, idling or camping, 8B and 8C Briefing and possible action agendasummaryidling7232019.pdf idlingamendment.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: 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 1.6:00 p.m. 1.1. 2.7:00 p.m. 3. 4. 4.1. Documents: 5. 6. 7. 8. 8.1. Documents: 8.2. Documents: 8.3. Documents: 8.4. Documents: 9. 10. JULY 23, 2019EXECUTIVE (CLOSED) SESSION 6:00 P.M.REGULAR COUNCIL MEETING 7:00 P.M.City Council Chambers 217 East Center Street Moab, Utah 84532Executive (Closed) SessionStrategy Session to Discuss the Purchase, Exchange, or Lease of Real PropertyRegular City Council MeetingCall to Order and Pledge of AllegianceApproval of MinutesMinutes: July 9, 2019 - Regular City Council Meeting2019-07 -09 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardOld BusinessOrdinance 2019 -21: Authorizing a Vacation of a Portion of Emma Boulevard and Amending the UTEX Subdivision, Plat B, Lot 14, Section 36, T25S, R21E, SLBM Briefing and possible actionagenda summary emma blvd.pdfordinance 2019 -21.pdfexhibit showing vacation and land exchange.pdfOrdinance 2019 -18: An ordinance amending the City of Moab Municipal Code removing overnight accommodations as a permitted use and allowing established overnight accommodations to remain as legal uses in the C -1, C -2, C - 3, C -4, RC, and SAR zones; Amending Sections 17.06 Definitions, 17.20, 17.21, 17.24, 17.27, 17.31, and 17.32 Briefing and possible action 7.23.19 agenda item oa.pdf exhibit 1 2019.07.03 overnight accommodation ordinance 7 -17 - 19cgm redline draft.pdf exhibit 2 2019.07.03 overnight accommodation ordinance 7 -17 - 19.pdf established overnight accommodations 36x48 7 -9 -19 (1).pdf Ordinance 2019 -15: An ordinance amending the City of Moab Municipal Code, Sections 8.04.010 pertaining to definitions; amending definitions; amending Section 8.04.020 Mandatory Collection; and Section 8.04.030 Rates and Charges Briefing and possible action ordinance 2019 -15 agenda summary.pdf ordinance 2019 -15.pdf solid waste amendments.pdf Ordinance 2019 -17: An ordinance amending the City of Moab Municipal Code, Sections 10.04.230, Unlawful parking, idling or camping, 8B and 8C Briefing and possible action agendasummaryidling7232019.pdf idlingamendment.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: 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 1.6:00 p.m.1.1.2.7:00 p.m.3.4.4.1.Documents:5.6.7.8.8.1.Documents:8.2. Documents: 8.3. Documents: 8.4. Documents: 9. 10. Page 1 of 5 – July 9, 2019 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR CITY COUNCIL MEETING JULY 9, 2019 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. Pre-Council Workshop: At 12:06 PM, Mayor Emily Niehaus called a workshop meeting to order for a briefing on the Sustainability Action Plan presented by Sustainability Director Rosemarie Russo. In attendance were Councilmembers Karen Guzman-Newton, Rani Derasary, Kalen Jones and Mike Duncan. Also in attendance were City Manager Joel Linares, Planner Nora Shepard, Administrative Executive Assistant Carmella Galley, Records Specialist Eve Tallman, Communication and Outreach Director Lisa Church and Recorder Sommar Johnson. Five members of the public were present. An audio recording is archived at: www.utah.gov/pmn/index.html. A video recording of the workshop is archived at: www.youtube.com/watch?v=ter4zvJXS5U. Dr. Russo reviewed methodologies for collecting data and presented adjusted and new goals including an accelerated timeline from 2032 to 2030. Discussion ensued regarding the prioritization of transportation goals. She mentioned water consumption reductions, along with other positive points of the City’s sustainability status. Housing burden (percentage of income used for housing expenses) was noted as a negative along with the relative energy inefficiency of Moab’s current housing stock. Councilmember Duncan asked about water consumption by hotel guests and discussion followed regarding energy efficiency measures for visitors. Russo announced a grant that was secured locally to finance an energy-efficient hotel. She also touched on the ongoing Vulnerability, Consequences, and Adaptation Planning Scenarios (VCAPS) assessment in addition to grant-funded projects at the Old City Park. Mayor Niehaus brought up projects discussed with Deb Dull of Rocky Mountain Power. Russo concluded with proposed amendments to the Municipal Code, including bicycle infrastructure, building standards, mandates for electric vehicles in the City fleet and safeguards for drinking water protection zones. An update to the Transportation Plan was suggested. Councilmember Derasary asked about including the County in projects. Councilmember Jones asked about moving forward with commenting on the draft. Funding for sustainability projects was discussed. Motion to Recess and Vote: Councilmember Duncan moved to recess the meeting. Councilmember Karen Guzman-Newton seconded the motion. The motion passed 3-1 with Councilmembers Duncan, Guzman-Newton and Derasary voting aye and Councilmember Jones voting nay. Mayor Niehaus recessed the meeting at 1:32 PM. Executive (Closed) Session: Mayor Niehaus reconvened the meeting at 6:34 PM. Councilmember Duncan moved to enter an Executive Session to discuss the Purchase, Exchange, or Lease of Real Property. Councilmember Jones seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Councilmember Derasary moved to end the Executive Session. Councilmember Duncan seconded the motion. The motion passed 3-0 aye with Councilmembers Jones, Derasary and Duncan voting aye. Mayor Niehaus ended the Executive Session at 7:02 PM. Regular Meeting—Call to Order and Attendance: Mayor Niehaus called the regular meeting to order at 7:06 PM and led the Pledge of Allegiance. Additional staff in attendance included City Attorney Chris McAnany, Finance Director Rachel Stenta, Police Chief Bret Edge, Treasurer Chantel Lindsay, City Engineer Chuck Williams, Facilities Superintendent Chace Gholson and several members of the law enforcement staff. Twenty-nine members of the public and media were present. An audio recording is archived at: www.utah.gov/pmn/index.html. A video recording of the meeting is archived at: www.youtube.com/watch?v=8MTkSwWcWQk. Page 2 of 5 – July 9, 2019 Approval of Minutes: Councilmember Derasary moved to approve minutes of the June 25, 2019 meeting with corrections. Councilmember Karen Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman- Newton and Duncan voting aye. Presentation: Mike Thurston was sworn in as Assistant Chief of Police by Recorder Johnson. Police Chief Edge commented on his qualifications. Mayor and Council Reports: (:05 on audio recording) Mayor Niehaus reported she attended a meeting of the state Water Quality Board and she also thanked staff for help with the July Fourth celebration. She stated she had met with local church representatives about sewer rates for churches and nonprofits. She also reported she met with the new coordinator of Four Corners Behavior Health and Niehaus mentioned an update she had received regarding the uranium tailings pile. She noted she will be absent at the next Council meeting and requested a Council member to draft a letter of support for the Dark Sky ordinance for Council review. Councilmember Jones volunteered to draft such a letter. Councilmember Derasary noted progress with the City’s crosswalk striping. She mentioned a brush-clearing project for properties behind the hospital. She reported on the Uranium Mill Tailings Remedial Action (UMTRA) Board meeting she attended where it was noted the project has surpassed the 60 percent completion mark. She mentioned a Travel Council effort to mitigate human waste in popular outdoor areas, and remarked the Tamarisk Coalition had changed its name to RiversEdge West and also noted a new Moab Outdoor Adventure Guide from the Moab Information Center (MIC). She concluded with a mention of a Russian Olive removal project. Councilmember Duncan praised the success of the July Fourth celebration and mentioned he had been attending water-related meetings. He noted advantageous flows into Kens Lake and mentioned the upcoming Vulnerability, Consequences, and Adaptation Planning Scenarios (VCAPS) workshop. Councilmember Guzman-Newton touched on the July Fourth celebration and noted the Chamber hosted 23 booths for local businesses and organizations and eight new businesses joined the Chamber. She reported on a visit by Justin Lee of the Governor’s office to gather information about federal impacts on local businesses. Guzman-Newton mentioned she attended an airport board meeting and July Fourth planning meetings. Councilmember Jones reported on a regional mobility planning meeting with the Utah Department of Transportation (UDOT) and Grand County. He noted his work as the Councilmember responsible for reviewing the bills against the City was redundant due to excellent staff oversight and stated he had never found any errors. He added he would be willing to continue to do spot checks. Councilmember Knuteson-Boyd offered to take over as the Councilmember responsible for reviewing the bills. Jones concluded with a mention of a fire on his property that received a robust response from emergency crews. Administrative Report: City Manager Linares thanked the staff for assistance with the July Fourth celebration and mentioned heavy law enforcement activity at the ballparks due to illegal fireworks. He remarked on a piano installed for the public at the MIC and explained the City’s burn ban. Linares mentioned progress regarding hiring an architect for the Walnut Lane development, construction of a new fence at Rotary Park, a planned Council workshop regarding public works infrastructure and upcoming studies regarding speed limits and crosswalks. Page 3 of 5 – July 9, 2019 Change of September 10 Regular Meeting Date—Approved Motion and Vote: Councilmember Guzman-Newton moved to change the regularly-scheduled meeting of September 10 to September 9. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman- Newton and Duncan voting aye. Administrative Report—Continued Facilities Superintendent Chace Gholson spoke as a member of the Mosquito Abatement District Board of Trustees. He updated Council on the district’s mosquito fogging activities. City Engineer Williams explained upcoming traffic revisions related to construction projects on Uranium Avenue and 100 East between the Middle School and City Market. He also shared upcoming changes to traffic signals and signage on Main Street. Police Chief Edge reported on a law enforcement escort through Moab for children of fallen officers. He discussed staffing levels in the department and noted nine fires were caused by fireworks. He mentioned leadership training for senior officers and invited Council to participate in ride-alongs. Finance Director Stenta reported that a debt management policy would be proposed soon, a Memorandum of Understanding regarding funding for the Moab ArtTrails was being drafted along with a Master Fee Schedule and she updated Council on sales and property tax revenue topics with the State. Citizens To Be Heard: Krehl Stegelmeier stated he is building a nightly rental unit on property adjacent to the Entrada subdivision. He recounted several communications with staff to ensure he would be exempt from the moratorium and yet was refused a building permit when he attempted to submit an application. He requested his property to be grandfathered in as an allowed overnight accommodation. Sara Melnicoff spoke about recycling bins at the ballfields and the ineffective management by City staff of the trash and recycling bins. She volunteered to sort the recyclables. She also brought up Option 1 of the solid waste code amendments and noted the specter of a monopoly on recycling services and also mentioned the definition of trash therein. Ruth Dillon expressed gratitude for work on the C-2 zone in the overnight accommodation code revision. She noted the work on established overnight accommodations, specifically in the Cottonwoods subdivision as existing and established uses. Bob Wood stated he owned a condominium in the Entrada subdivision and is president of the homeowners’ association there. He stated he respects the process and expressed gratitude regarding established overnight accommodations as existing uses. He concluded with a mention that Entrada is an economic engine for City revenues. Old Business:(1:37 on audio recording) Removing Overnight Accommodations as a Permitted Use—Tabled Discussion: City Planner Shepard presented an update regarding Proposed Ordinance 2019-09, an Ordinance Amending The City of Moab Municipal Code Removing Overnight Accommodations as a Permitted Use and Allowing Established Overnight Accommodations to Remain Legal Uses in the C-1, C-2, C-3, C-4, RC, and Sensitive Area Resort (SAR) Zones; and Amending Sections 17.06 Definitions, 17.20, 17.21, 17.24, 17.27, 17.31, and 17.32. She reported the Planning Commission gave a positive recommendation of the draft ordinance. City Attorney McAnany stated he will review and edit the draft without making substantive changes to the intent. He mentioned the ordinance would be a text amendment to the Code. Shepard noted she had forwarded all citizen comments that were sent to the Planning Commission on to the Council. Mayor Niehaus thanks the Planning Commission for their work. Motion and Vote: Councilmember Knuteson-Boyd moved to table for two weeks Ordinance 2019-09, an Ordinance Amending the City of Moab Municipal Code Removing Overnight Page 4 of 5 – July 9, 2019 Accommodations as a Permitted Use pending attorney and Council review. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. New Business:(1:49 on audio recording) Integrated Software Services Proposal—Approved Discussion: Councilmember Guzman-Newton asked about the overall cost of adopting the new software and ongoing costs. Finance Director Stenta explained the costs, noting the overall maintenance cost would increase approximately $5,088 per year. Motion and Vote: Councilmember Jones moved to award a Financial Software Services Proposal to Caselle for a proposal price of $47,288 and a monthly maintenance and hosting fee of $3,674 after implementation. Councilmember Duncan seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman- Newton voting aye. Mill Creek Drive Water Improvements Project—Approved Discussion: Councilmember Knuteson-Boyd asked if the project would overlap seamlessly with the planned Arbor Drive/Hecla project. City Engineer Williams stated the Mill Creek project would be a year out. Motion and Vote: Councilmember Jones moved to approve a Consultant Services Task Order for the Mill Creek Drive Water Improvements Project in the amount of $139,500. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Idling Ordinance—Tabled Discussion: Mayor Niehaus explained the City had received a lot of community feedback requesting a stronger idling ordinance. She said the Council was presented with a draft amendment to the Code and a more recent version had been sent earlier in the day. Niehaus requested feedback from the Council regarding a twenty minute limit or a two minute limit with exceptions. Sustainability Director Russo explained a common idling standard was thirty seconds. Councilmember Duncan expressed his opinion that the proposed amendments seemed austere and he mentioned drive-through restaurants. City Manager Linares explained signage could be posted at both ends of town explaining that Moab is “idle free.” Councilmember Derasary stated her support of a two-minute standard and Councilmember Guzman-Newton concurred. Councilmember Knuteson-Boyd stated she likes the exceptions as presented. Russo brought up windshield covers that reduce the need for scraping ice and also keeping cars cooler in summer. She shared the “Idling Gets You Nowhere” slogan. Councilmember Duncan said he could settle for a ten-minute rule and suggested it would be hard to enforce. Councilmember Derasary pointed out that science backs up the desire for a shorter idling limit. Motion and Vote: Councilmember Jones moved to table for two weeks an Update to Moab Municipal Code, Section 10.04.230, 8.B. and 8.C. (Idling). Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Solid Waste Updates—Tabled Discussion: Sustainability Director Russo explained the various options the City Council had considered in the past months regarding the waste hauling franchise agreement. The choices were described as Option 1, which reflects the Code revisions previously approved. Additionally, the definitions for waste would change to reclassify the terms food scraps, cardboard, yard waste, glass, plastic, paper and wood form solid waste into new categories of recyclable and compostable material. Russo explained Option 2 required recycling for commercial accounts; Option 3 proposed construction debris recycling for projects above 5,000 square feet, and Option 4, which proposed mandatory cardboard recycling for residential, commercial or all accounts. Discussion ensued regarding trash categories, recycling construction materials, and Page 5 of 5 – July 9, 2019 input from the manager of the County solid waste district. Russo stated she did not recommend mandatory recycling for commercial accounts and mentioned most businesses were enthusiastic already. She also mentioned that Moab Springs Ranch was a demonstration “recycling hotel” working with best management practices. City Attorney McAnany brought up the need for an intergovernmental agreement between the City and the Solid Waste district. Councilmember Jones asked about the franchise agreement and the intention for sole access to the recycling market. City Manager Linares explained no for-profit recyclers could compete under the agreement. Councilmember Guzman-Newton asked if source-separated vendors would be precluded from future bids for service. Motion and Vote: Councilmember Jones moved to table for two weeks consideration of Chapter 8.04- Solid Waste code revisions. Councilmember Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Bills Against the City of Moab—Approved Motion and Vote: Councilmember Jones moved to approve bills for $306,381.77. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Adjournment: Councilmember Guzman-Newton moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Duncan, Knuteson-Boyd and Guzman-Newton voting aye. Mayor Niehaus adjourned the meeting at 9:37 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: July 23, 2019 #: Click here to enter text. Title: Discussion and Possible Action Regarding Consideration of Ordinance 2019-21 Authorizing a Vacation of a Portion of Emma Boulevard and Amending the UTEX Subdivision, Plat B, Lot 14, Section 36, T25S, R21E, SLBM Date Submitted: July 17, 2019. Staff Presenter: Chuck Williams, City Engineer. Attachment(s): Copy of Ordinance 2019-21 Copy of Exhibit Showing Vacation and Land Exchange Options: N/A Recommended Motion: “I move to approve Ordinance #2019-21 approving vacation of a portion of Emma Blvd by the City in exchange for a portion of the UTEX Subdivision, Plat B, Lot 14, Section 36, T25S, R21E, SLBM as submitted.” Background/Summary: The City of Moab has been asked to consider vacating a portion of Emma Boulevard and amend the UTEX Subdivision, Plat B, Lot 14, Section 36, T25S, R21E, SLBM. A public hearing was held on May 14th, 2019 and public comment was taken. In response to the public comment and the needs of the City a revised vacation and land exchange is proposed. As part of the proposed action the owner of Lot 14 will dedicate to the City 5,060 square feet of Lot 14 which will be used for a future shared use path connecting the east side of HWY-191 with the shared use path on the west side of HWY-191 that currently ends on Emma Boulevard. Per the proposed Exhibit (attached) the parcel may also ultimately provide a one way southbound lane along Emma Blvd from Main St. If the construction of a one lane road is ever authorized by Council it will be a low speed road (15mph) and will be restricted to standard size vehicles. Staff will also pursue development of a “park strip” vegetative zone in the area of the potential one lane road. The other part of the proposed action is for the City of Moab to grant a private easement of 7,848 square feet to Lots 14, 15 16 &17 for purposes of pedestrian and vehicle ingress/egress, parking, utilities, and the construction/maintenance of a parking lot. The UDOT is including the extension of the shared use path on the east side of HWY-191 and a HAWK (pedestrian activated signal crossing) as part of the HWY-191 widening project which is scheduled to begin construction in late fall of 2019.If the proposed action is approved then the shared use path will utilize the newly acquired right-of-way for access to Hwy-191. Staff recommends approval of this action as described in the motion above. 1 CITY OF MOAB ORDINANCE NO. 2019-21 An ordinance vacating a portion of Emma Boulevard, authorizing a conveyance of land to the City, the conveyance of an easement to the applicant, and amending the Utex Subdivision, Plat B, Lot 14, Section 36, Township 25S., Range 21E., SLBM The following describe the intent and purpose of this ordinance: a.This matter comes upon the application by Prospector Village, LLC (Applicant) and negotiations with City staff. The City has reviewed the application and finds same to be in order. b.Utah Code Annotated § 10-9a-609 and 609.5 authorizes municipalities to vacate or amend a subdivision plat or vacate or amend a public street or right of way. The affected portions of Emma Boulevard are currently unbuilt. c.The application will vacate a portion of Emma Boulevard to provide an easement to the Applicant for parking and related purposes. In exchange, the Applicant will convey and dedicate to the City a portion of Lot 14 for the purpose of facilitating installation of a shared use path crossing of highway 191 and a future one-way road. d.The Utah Department of Transportation (UDOT) will install and pay for a HAWK crossing (pedestrian activated signal crossing) at the junction of the shared use path and Highway 191. In addition, UDOT will install and pay for a shared use path on the east side of Highway 191 in conjunction with other highway improvements. e.A proposed one-way access road (southbound) may be installed by the City in the future adjacent to the shared use path and along part of Emma Boulevard; the one-way road will provide connectivity to other City streets. Landscaping and other improvements will be installed adjacent to portions of the proposed one-lane road at such time as it is developed. f.A public hearing was held before the City Council on May 14, 2019 and public comment was received. City staff engaged in several different negotiations with the Applicant and engaged in redesign of the project in light of concerns expressed by several persons. g.The City finds that good cause exists for the application, which will improve connectivity and vehicle, pedestrian, and bicycle access. The concerns of adjacent landowners have been considered, and the City finds that none will be materially harmed by the vacation and realignment. 2 h.The public interest will be served by the realignment and vacation, which will incorporate traffic control features to avoid directing highway traffic into neighborhoods, churches, and nearby schools. The proposed vacation may assist and facilitate future plans for public parking that will benefit adjacent parcels. i.Utilities in the area will not be negatively affected by the vacation and realignment. THEREFORE, the City enacts as follows: 1.The proposed Emma Boulevard realignment map, attached as Exhibit 1, is hereby approved. City staff is directed to prepare a plat conforming to Exhibit 1 and submit same for recording in the Grand County land records. The Mayor is authorized to sign the plat, which shall amend and supersede inconsistent provisions of the existing plat for the Utex Subdivision. This ordinance was approved by the affirmative vote of a majority of the City Council. This ordinance will take effect immediately upon passage. City of Moab By:_______________________________ Emily Niehaus, Mayor Attest: By:_____________________________________________________ Sommar Johnson, Recorder Date Attachment: Exhibit 1. 1 inch = 60 feet Em ma Bou leva rd Rig ht -of -W ay Excha ng ePath & One W ay Stre et 0 50 100 15025Feet Ü Legend Right-of-Way To City - 5,060 sq.ft. Easement To Prospector Village - 7,848 sq.ft. City Limits Parcels Easem en tTo Prospec tor Village7,8 48 sq.ft.ProspectorVillage ProspectorVillage ProspectorVillage ProspectorVillage ProspectorVillage Com m unity C hurch First B aptist Bozem anHoffmanBetz Em ma B lvd.Emma Bl v d . Max ine Av e.Mi Vi da Dr . US-191 - Main St.Cermak Dr.E xis ti n g S h a r e d -Us e P a t h 36' R igh t-of-W ayTo City5,0 60 sq.ft. P r o p o s e d 1 6 ' On e -Wa y S tr e e t P r o p o s e d 1 0 ' S h a r e d -Us e P a t h P r o p o s e d 2 4 ' E a s e me n t 3 6 ' Un e n c u mb e r e d Cit y Ri g h t- o f-Wa y Moab City Council Agenda Item Meeting Date: July 23, 2019 Title: Consideration and possible action on proposed Ordinance 2019-18, an ordinance amending the Moab Municipal Code to remove Overnight Accommodations as a permitted use in all zones and adding provisions to allow established overnight accommodations to continue to be legally used without becoming non-conforming uses Disposition: Possible approval of Ordinance 2019-18 Staff Presenter: Nora Shepard, AICP, Planning Director Attachments: Exhibit 1: Draft Ordinance 2019-18 (as of July 17, 2019) Exhibit 2: Draft Ordinance 2019-18 (as of July 17, 2019) that restates and edits the applicable sections. Exhibit 2: Draft Existing Overnight Accommodations Map Background/Summary 1. Timeline: • June of 2018 - the City of Moab hired Landmark Design Inc. (Landmark) to work on a revised Land Use Plan • February 12, 2019 - the Moab City Council adopted Ordinance 2019-06 enacting a temporary land use regulation prohibiting the development of new nightly rental uses for 180 days • March 2019 - the Scope of Services with Landmark was modified to address nightly rental and overnight accommodations in Moab and Grand County • April and May 2019 – Focus Group Meetings • April 30, 2019 – Public Workshop • May 1, 2019 – Advisory Council Meeting • May 7, 2019 – Joint City/County Council Work Session giving direction on how to proceed • May 23, 2019 – Joint City Council/Planning Commission Work Session • June 13, 2019 - Workshop with the Planning Commission • June 25, 2019 – City Council Update • June 27, 2019 – Planning Commission Public Hearing • July 3, 2019 – Planning Commission Special Meeting and potential recommendation to City Council • July 9, 2019 – Consideration by City Council • August 12, 2019 – Temporary Land Use Regulation expires 2. Temporary Land Use Regulation In February 2019, the City of Moab and Grand County each adopted a Temporary Land Use Regulation (Moab City Ordinance 2019-06) prohibiting the development of new nightly rentals for 180 days. This action was deemed necessary due to a recent surge in new nightly rental related development including, but not limited to, several new hotels planned within the City and County. The City found that increasing nightly rental development is forcing out other important land uses to the detriment of balanced community development. Existing land use requirements and market forces have not facilitated the development of a balanced mix of business types, residential inventory, and accommodations for visitors in the downtown core. In addition, the City Council found that there is a compelling countervailing public interest to assure that lodging uses are developed in a manner that compliments the other needs of the City and its residents. This ordinance is necessary to assure that the City can promptly develop ordinances and policies to achieve those ends. 3. Ordinance Development Shortly after the Temporary Land Use Regulation was enacted, the City modified the existing contract with Landmark Design Inc (Landmark) to facilitate public involvement and to draft an ordinance to create zoning methods to better address Overnight Accommodations in Moab. 4. Public Input Landmark and the City and County held numerous focus groups, public workshops and advisory council meeting to gather community input on Overnight Accommodations and how to deal with potential new Overnight Accommodation Projects. Information about these initiatives can be found on the project website: https://www.moabarealanduse.com/. 5. City and County Council Direction The City and County Councils met in a joint Workshop on May 7, 2019 and provided direction to the consultant and staff to move forward with as follows: • Remove Overnight Accommodations as a permitted use in all zones • Allow established Overnight Accommodations to be able to continue • Prepare preliminary standards for the development of new overnight lodging in these potential overlay districts including mandatory mixed-use, water and energy efficiency, and size/scale/form-based elements. 6. Proposed Overlays Landmark has developed draft ordinance provisions to address new Overnight Accommodations in the City and County. While the draft provides a great framework, the Planning Commission and City Council is recommending that no overlays be applied at this time, and that we continue to work on the language to allow new Overnight Accommodations. In the meantime, new Overnight Accommodations projects will be removed as a permitted use in all zones. 7. Established Overnight Accommodations The Planning Commission and City Council recognize the importance of Overnight Accommodations in Moab and directed staff to develop a mechanism to allow established Overnight Accommodations to continue as legal uses (not to be considered non-conforming). After significant discussion, the Planning Commission favored the idea to put language in the C-1, C-2, C-3, C-4, RC and SAR zones to allow the established uses. They felt that this would be the most transparent and simplest way to deal with the situation. Their second choice would be for a new “Established OA Overlay” that would identify those properties. A map identifying the established overnight accommodations will be approved as an exhibit 2019-18. 8. Summary of Proposed Ordinance The draft proposed ordinance (Ordinance 2019-18) is attached as Exhibit 2. The proposed ordinance: • Adds a definition for Overnight Accommodations • Adds a definition for Established Overnight Accommodations • Removes all Overnight Accommodation uses from the list of permitted uses in the C-1, C-2, C-3, C-4, RC and SAR zones • Adds language in each of the zones that allows Established Overnight Accommodations to remain as legal uses • Adoption of an Established Overnight Accommodations Map as an exhibit to the text changes Overnight Accommodations that exist in the residential zones will be considered legal, nonconforming uses. No new Overnight Accommodations will be allowed at this time. 9. General Plan Compliance The City’s General Plan includes the goal of “[p]romot[ing] a vibrant local economy that supports the unique quality of life and character of Moab” along with the following policies and action steps: Policy: Facilitate the growth of local businesses and industries in a context appropriate to Moab. Action steps: Develop and enforce land use and design standards for commercial development; [and] Encourage business development that complements the existing economy and business offerings. Policy: Continue to promote Downtown Moab as a primary commercial core of the community for residents and visitors. Action steps: Develop a Downtown Plan to define a central business district and expand and enhance pedestrian, cultural, service (eating, etc.) and shopping opportunities, manage vehicular through t raffic in balance with other downtown values, improve wayfinding, and parking plan; [and] Modify zoning code to promote a quantity and distribution of downtown street-level retail that supports the pedestrian experience, and a balance between lodging, restaurants, retail, and other business types. Policy: Identify and explore new economic development opportunities with the goals of increasing community economic stability, increasing the proportion of jobs which pay a living wage. Action step: Explore opportunities to diversify Moab's economy. FINDING: The proposed code amendments and map are consistent with the Moab General Plan. 10. Text Amendment Compliance The following criteria will be used to determine the appropriateness of text amendments: A. Is the proposed use substantially similar to other authorized uses permitted within the subject zoning district? Response: N/A. No new uses are proposed. B. Is the proposed use a relatively new use type or development concept that was not anticipated at the time of the adoption of the City’s General Plan? Response: N/A/ No new uses are proposed. C. Is the amendment consistent with the policies and goals of the General Plan? Response: Yes. See Section 9 of this Staff Report. D. Will the amendment create significant adverse impacts upon neighboring properties within or adjacent to the zoning districts which would be affected by the change? Response: No. The proposed changes will have a positive impact on neighboring properties. E. Is it in the public interest to approve the proposed amendment? Response: Yes. F. Is the amendment likely to lead to a positive redevelopment of a specific area or zone? Response: Eventually, Yes. Immediately after the approval of these text amendments, the City will continue work on proposed code provisions to allow Overnight Accommodations that better meet the needs of the Community. G. Will the amendment provide a variety of options for residents in terms of economic development, affordable housing, or other benefits? Response: Yes. These text amendments may encourage new long -term rental units to be constructed. H. Is the amendment appropriate considering the existing conditions in the zoning district, the established relationships between zoning districts, existing land uses and densities, and the scale of both existing and proposed development. Response: Yes. 11. Planning Commission Recommendation The Planning Commission held a public hearing on June 27, 2019. The Planning Commission will meet in a special meeting on July 3, 2017 and may forward a recommendation to the City Council. 12. City Attorney Review As of the date of this memo (July 17, 2019), the City Attorney has reviewed and revised Ordinance 2019-18. Attached as exhibits are 2 drafts of Ordinance 2019 -18. The first (Exhibit 1) is the revised draft ordinance in the form that was reviewed by the Planning Commission. The second (Exhibit 2) is a revised draft ordinance that restates and edits all of the affected sections of the Code. Action Alternatives: 1. CONTINUANCE. The City Council could discuss the draft ordinance and continue action on the item until a special meeting scheduled prior to the expiration of the Temporary Zoning Ordinance on August 12, 2019 , with specific direction to the Staff for additional information or desired edits. 2. APPROVE ORDINANCE 2019-18, WITH OR WITHOUT MODIFICATIONS. The City Council could discuss the item and approve Ordinance 2019-18. 1 July 17, 2019 Draft-CGM Redline CITY OF MOAB ORDINANCE #2019--018 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE REMOVING OVERNIGHT ACCOMMODATIONS AS A PERMITTED USE AND ALLOWING ESTABLISHED OVERNIGHT ACCOMMODATIONS TO REMAIN LEGAL USES IN THE C-1, C-2, C-3, C-4, RC, AND SAR ZONES; AMENDING SECTIONS 17.06 DEFINITIONS, 17.20, 17.21, 17.24, 17.27, 17.31, and 17.32 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 (MMC), which governs land use and development within the City Limits. Text Amendments to the Moab Municipal Code are authorized pursuant to MMC § 17.04.070 and Utah Code Annotated 10-9a-503(1)(b) and (c). 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 rapid growth of Overnight Accommodations as a result of the growth of tourism in the region. Between 2010 and 2018 visitation to Arches National Park and Canyonlands National Park increased 60.1% and 58.9%, respectively, with Arches posting 1,663,557 visits, and Canyonlands posting 739,449 visits in 2018.1 d. Overnight Accommodations have displaced long term rental housing in Moab and are a contributing factor in the affordable housing shortage that exists in Moab.2 e. The City desires that new zoning regulations be developed to result in new overnight accommodations that better reflect the long-term interests of the City. f. There is a finite supply of developable land within the City, and market conditions have resulted in Overnight Lodging uses being developed to the detriment of the development of other necessary uses, including retail, commercial, office, and housing uses.3 g. The City has experienced an increase in traffic, congestion, noise, crowding, and related impacts associated with tourism and Overnight Lodging, and those impacts have affected the quality of life for Moab residents. The City recognizes that resident concerns are valid and justify changes to City zoning regulations. h. The City finds that there is good cause to make these text amendments. There have been fundamental changes to the City and to the zoning districts that are the subject of this ordinance. Current development impacts and the overall growth of overnight accommodations were not foreseen at the time many zoning classifications were 1 Source, National Park Service Official Visitation Statistics. 2 Source, BAE Urban Economics, Moab/Grand County Nexus Study, Phases I and II, 2018. 3 See Id. 2 adopted and, therefore, the zoning scheme requires modification to reflect current realities. This ordinance will facilitate a more diverse land use mix and provide important benefits for the development of affordable housing and other retail and commercial land uses. h.i. The United States Geological Survey is finalizing a draft report that includes findings from a recent multi-year study of the Moab area watershed. The study found that: a) safe yield of groundwater removal (the amount of water that can be removed without depleting aquifers) is less than previously estimated (11,000 to 13,000 acre/feet per year); b) water users in Grand County used and diverted 14,504 acre/feet of water in 2017; c) the amount and location of return flows into Mill Creek, Pack Creek, and the Colorado River must be studied; and d) data is lacking on actual diversions from private springs and wells. Given these findings, the City concludes that further study is warranted to assure that adequate water resources are available to serve anticipated future residential, commercial, and overnight lodging development. i.j. This ordinance is consistent with the City’s General Plan, which expresses a desire to preserve the quality of life in Moab, the availability of affordable housing, and a diverse, resilient local economy. j.k. This ordinance is the product of a substantial public process and public outreach, including public hearings and forums facilitated by Landmark Design in conjunction with Grand County, and public hearings held before the City of Moab Planning Commission on [insert dates], June 27, 2019 at which members of the public expressed a desire that the City curtail Overnight Lodging growth. k.l. While this text amendment precludes the development of new overnight accommodations, Tthe City recognizes established Overnight Accommodations in the C-1, C-2, C-3, C-4. RC, and SAR Zones as legal uses as identified on the Existing Overnight Accommodations Map, which is attached as Exhibit 1 to this ordinance. THEREFORE, LET IT BE ORDAINED THAT THE FOLLOWING AMENDMENTS BE ADOPTED: SECTION 1: Amend Section 17.06.020 Definitions to add a definitions for Overnight Accommodations and Established Overnight Accommodations as follows: “Overnight Accommodations” 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, RV Parks, and campgrounds located in an appropriate zone that allows short-term lodging. “Overnight Accommodations, Established” means Overnight Accommodations that are recognized as existing legal uses and identified on the Established Overnight Accommodations Map, attached as Exhibit 1. an amendment to the City of Moab Official Zoning Map. SECTION 2: Remove Lodging, and Bed and Breakfasts and any use that fits the definition of Overnight Accommodations as a permitted use in the C-1, C-2, C-3, C-4. RC, and SAR Zones by amending the following Code sections: Delete 17.20.020A(2), - C-1 Commercial Residential Zone Permitted Uses; 3 Delete 17.21.020A(3), (16) - C-2 Commercial Residential Zone Permitted Uses; ; Delete 17.24.020A(16) - C-3 Central Commercial Zone Permitted Uses; Delete 17.27.020A(20), (28) - C-4 General Commercial Zone Permitted Uses; Delete 17.31 020A(8), (15) - RC Resort Commercial Zone Permitted Uses; and Delete 17.32.020A(2) - SAR Sensitive Area Resort Zone Permitted Uses. SECTION 3: Add “Established Overnight Accommodations” as a legal conforming uses permitted use in the C-1, C-2, C-3, C-4. RC, and SAR Zones by amending the following Code sections: 17.20.020A(2), - C-1 Commercial Residential Zone Permitted Uses; 17.21.020A(3) - C-2 Commercial Residential Zone Permitted Uses; 17.24.020A(16) - C-3 Central Commercial Zone Permitted Uses; 17.27.020A(20) - C-4 General Commercial Zone Permitted Uses; 17.31.020A(8) – RC Resort Commercial Zone Permitted Uses; and 17.32.020A(2) - SAR Sensitive Area Resort Zone Permitted Uses. SECTION 4: Amending language in various zones to ensure consistency with preceding actions: A. Add Section 17.21.020A(17)(g) (C-2 Permitted Uses Multi Household Dwellings) as follows: Overnight Accommodations. No new Multi Household Dwellings will be used as an Overnight Accommodations. B. Add Section 17.27.020(9)(c)(i) (C-4 Permitted Uses Multifamily Household Dwellings) as follows: Overnight Accommodations. No new Multi-Household Dwellings will be used as an Overnight Accommodations. C. Amend Section 17.27.020A(28) (C-4 Permitted Uses Recreational vehicle park or campground) as follows: Recreational vehicle park or campground. No new recreational vehicle parks or campgrounds are allowed. The following provisions are intended to manage existing recreational vehicle parks or campgrounds while minimizing land use conflicts and environmental degradation. D. Amend Section 17.31.020A(15) (SAR RC Permitted Uses) as follows: No New Recreational vehicle/travel trailer parks are allowed. Established recreational vehicle/travel trailer parks as identified on the Existing Overnight Accommodations Map are considered legal conforming uses and shall be subject to the supplementary regulations of Section 17.31.050(C). 4 SECTION 5: Approving the Established Overnight Accommodations Map for purposes of establishing legal existing Overnight Accommodations in the C-1, C-2, C-3, C-4, RC and SAR Zones (Exhibit A):The City hereby approves the Established Overnight Accommodations Map, Exhibit A, as an amendment to the official City Zoning Map. SECTION 6: Directing City Staff to continue to work, without undue delays and with a target date of October 31, 2019, on new zoning provisions to result in new overnight accommodations regulations that better reflect the long-term interests of the City: City staff shall continue to work, and shall promptly submit, amended regulations providing for performance standards for new overnight accommodations. Staff is directed to consider density and aesthetic criteria, landscaping, energy efficiency, buffering, and the mixing of office, retail, and residential uses with future overnight accommodations development. SECTION 7: Severability Clause: This ordinance shall be construed so as to be harmonious with Utah law. If any term, requirement, or provision of this ordinance shall be found to be invalid under applicable law it shall be stricken and the remainder of the ordinance shall be enforced without the offending term, requirement, or provision. remainder of Page Intentionally Left Blank- PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, City Recorder 1 July 17, 2019 Draft CITY OF MOAB ORDINANCE #2019--018 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE REMOVING OVERNIGHT ACCOMMODATIONS AS A PERMITTED USE AND ALLOWING ESTABLISHED OVERNIGHT ACCOMMODATIONS TO REMAIN LEGAL USES IN THE C-1, C-2, C-3, C-4, RC, AND SAR ZONES; AMENDING SECTIONS 17.06 DEFINITIONS, 17.20, 17.21, 17.24, 17.27, 17.31, and 17.32 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 (MMC), which governs land use and development within the City Limits. Text Amendments to the Moab Municipal Code are authorized pursuant to MMC § 17.04.070 and Utah Code Annotated 10-9a-503(1)(b) and (c). 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 rapid growth of Overnight Accommodations as a result of the growth of tourism in the region. Between 2010 and 2018 visitation to Arches National Park and Canyonlands National Park increased 60.1% and 58.9%, respectively, with Arches posting 1,663,557 visits, and Canyonlands posting 739,449 visits in 2018.1 d. Overnight Accommodations have displaced long term rental housing in Moab and are a contributing factor in the affordable housing shortage that exists in Moab.2 e. The City desires that new zoning regulations be developed to result in new overnight accommodations that better reflect the long-term interests of the City. f. There is a finite supply of developable land within the City, and market conditions have resulted in Overnight Lodging uses being developed to the detriment of the development of other necessary uses, including retail, commercial, office, and housing uses.3 g. The City has experienced an increase in traffic, congestion, noise, crowding, and related impacts associated with tourism and Overnight Lodging, and those impacts have affected the quality of life for Moab residents. The City recognizes that resident concerns are valid and justify changes to City zoning regulations. h. The City finds that there is good cause to make these text amendments. There have been fundamental changes to the City and to the zoning districts that are the subject of this ordinance. Current development impacts and the overall growth of overnight accommodations were not foreseen at the time many zoning classifications were adopted and, therefore, the zoning scheme requires modification to reflect current 1 Source, National Park Service Official Visitation Statistics. 2 Source, BAE Urban Economics, Moab/Grand County Nexus Study, Phases I and II, 2018. 3 See Id. 2 realities. This ordinance will facilitate a more diverse land use mix and provide important benefits for the development of affordable housing and other retail and commercial land uses. i. The United States Geological Survey is finalizing a draft report that includes findings from a recent multi-year study of the Moab area watershed. The study found that: a) safe yield of groundwater removal (the amount of water that can be removed without depleting aquifers) is less than previously estimated (11,000 to 13,000 acre/feet per year); b) water users in Grand County used and diverted 14,504 acre/feet of water in 2017; c) the amount and location of return flows into Mill Creek, Pack Creek, and the Colorado River must be studied; and d) data is lacking on actual diversions from private springs and wells. Given these findings, the City concludes that further study is warranted to assure that adequate water resources are available to serve anticipated future residential, commercial, and overnight lodging development. j. This ordinance is consistent with the City’s General Plan, which expresses a desire to preserve the quality of life in Moab, the availability of affordable housing, and a diverse, resilient local economy. k. This ordinance is the product of a substantial public process and public outreach, including public hearings and forums facilitated by Landmark Design in conjunction with Grand County, and public hearing held before the City of Moab Planning Commission on June 27, 2019 at which members of the public expressed a desire that the City curtail Overnight Lodging growth. l. While this text amendment precludes the development of new overnight accommodations, the City recognizes established Overnight Accommodations in the C- 1, C-2, C-3, C-4. RC, and SAR Zones as legal uses as identified on the Existing Overnight Accommodations Map, which is attached as Exhibit 1 to this ordinance. THEREFORE, LET IT BE ORDAINED THAT THE FOLLOWING AMENDMENTS BE ADOPTED: SECTION 1: Amend Section 17.06.020 Definitions to add a definitions for Overnight Accommodations and Established Overnight Accommodations as follows: “Overnight Accommodations” means any short-term temporary living or sleeping place in which someone lives or stays for a period of time not to exceed thirty consecutive days. This includes hotels, motels, bed and breakfasts, townhomes, condominiums, RV Parks, and campgrounds located in an appropriate zone that allows short-term lodging. “Overnight Accommodations, Established” means Overnight Accommodations that are recognized as existing legal uses and identified on the Established Overnight Accommodations Map, an amendment to the City of Moab Official Zoning Map. SECTION 2: Remove Lodging, and Bed and Breakfasts and any use that fits the definition of Overnight Accommodations as a permitted use in the C-1, C-2, C-3, C-4. RC, and SAR Zones by amending the following Code sections: Formatted: Indent: Left: 0" 3 SECTION 2.1 Amend the C-1 Commercial Residential Zoning as follows: 17.20.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 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 through . 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. Formatted: Font: Bold, No underline Formatted: Body Text, None, Indent: Left: 0.13", First line: 0", Space Before: 0 pt, Line spacing: single, Don't keep with next, Don't keep lines together Formatted: Indent: Left: 0.13" 4 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 nonflashing 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. 23. 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: i. Ingress and egress to the property; ii. Drop off/pick up areas; iii. Traffic circulation; iv. Off-street parking (single-household residence plus space for each FTE staff 5 member); v. Landscaping; vi. Buffering or separation from dissimilar uses; vii. Open space for older kids. d. Compliance with all applicable City regulations regarding noise, odor and glare. 43. Eating establishments, excluding drive-in and drive-through services. 45. 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 includes, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. 56. Funeral establishments. 6. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. 6 a) Established Overnight Accommodations will be allowed to make improvements to the property, so long and no new Overnight Accommodation units are proposed. 7. Greenhouses and nurseries. 8. 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 through 17.09.340. 9. Gymnasiums. 10. Home occupations subject to the requirements set forth in Section 5.80.050. 11. Hospitals. 12. 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 set back 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 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at: 0.79" 7 minimum of two hundred 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. g. Multihousehold Dwellings are not permitted to be Overnight Accommodations THE BALANCE OF 17.20.020 REMAINS THE SAME SECTION 2.2 Amend the C-2 Commercial Residential Zone as follows: 17.21.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 1. Arts and crafts 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. Formatted: Font: Bold, No underline Formatted: Indent: Left: 0", Space After: 0 pt, Line spacing: single Formatted: Font: (Default) Times New Roman, 12 pt, Underline Formatted: Font: (Default) Times New Roman, 12 pt Formatted: None, Indent: Left: 0", First line: 0", Space Before: 0 pt, Line spacing: single, Don't keep with next, Don't keep lines together 8 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 nonflashing 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. 34. Carpentry shops. 45. Convenience establishments that are less than three thousand square feet. 56. Day care. Day care shall be permitted to operate subject to the following standards: 9 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: i. Ingress and egress to the property; ii. Drop off/pick up areas; iii. Traffic circulation; iv. Off-street parking (single-household residence plus space for each FTE staff member); v. Landscaping; vi. Buffering or separation from dissimilar uses; vii. Open space for older kids. d. Compliance with all applicable City regulations regarding noise, odor and glare. 67. Eating establishments less than two thousand square feet excluding drive-ins or drive- through services. 7. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. a. Established Overnight Accommodations will be allowed to make improvements to the property, so long and no new Overnight Accommodation units are proposed. 8. Electrical appliance shops (wholesale). 9. Engraving and printing establishments. 10. Funeral establishments. 11. Greenhouses and nurseries. 12. Group homes. a. Such homes must be licensed by the State of Utah. Formatted: Font: 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at: 0.79" 10 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 through 17.09.340. 13. Gymnasiums. 14. Home occupations subject to the requirements set forth in Section 5.80.050. 15. Hospitals. 16. Lodging establishments (under ten units). 167. 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 set back 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 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. g. Multihousehold Dwellings are not permitted to be Overnight Accommodations 11 THE BALANCE OF 17.21.020 REMAINS THE SAME AND WILL BE RENUMBERED SECTION 2.3 Amend the C-3 Central Commercial Zone as follows: 17.24.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 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. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. a. Established Overnight Accommodations will be allowed to make improvements to the property, so long and no new Overnight Accommodation units are proposed. 98. Engraving and printing establishments. 109. Food truck parks. 110. Funeral establishments. 121. 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 Formatted: Font: Bold Formatted: Font: 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at: 0.79" 12 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. 132. 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. i. 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. 143. Gymnasiums. 154. 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. 13 165. Hospitals. 16. Lodging. THE BALANCE OF 17.24.020 REMAINS THE SAME AND WILL BE RENUMBERED SECTION 2.4 Amend the C-4 General Commercial Zone as follows: 17.27.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 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, seven a.m. to seven 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, the 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. Formatted: Font: Bold, No underline Formatted: Font: (Default) Times New Roman, 12 pt 14 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: i. Be placed on a slab-on-grade or perimeter foundation as approved by the Building Department; ii. Have a wood, brick or stucco exterior, or a material that looks similar to wood, brick or stucco; iii. Have a minimum four to twelve roof pitch and a one-foot overhang (structures constructed in the traditional southwest Spanish style are exempt from this requirement); iv. 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; v. Buffering is required in accordance with other provisions of this chapter; vi. Minimum Setbacks for Residential Structures in the C-4 Zone. Minimum Setbacks for Residential Structures in the C-4 Zone Front yard 30 feet 15 Side yard 15 feet Rear yard 20 feet c. Multi-household dwellings of seven or more units shall be subject to the following additional requirements: i. Access. Vehicular access shall be provided to the property in such a way that it does not impede traffic patterns on adjacent streets. ii. Parking. Off-street parking shall be designed in such a way as to allow vehicles to pull forward into the on-street traffic flow. iii. Garages or Carports. If provided, garages and carports shall not be located in the front yard and shall be set back from the front wall of the principal structure at least fifteen feet or be accessed from the rear or side of the property. iv. 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. v. 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. vi. Apartments and court apartments shall designate an open space/recreation area that is a minimum of two hundred 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. vii. Apartments and multifamily developments may not be used for Overnight Accommodations. 10. Eating establishments. 11. Engraving and printing establishments. 12. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. 16 a. Established Overnight Accommodations will be allowed to make improvements to the property, so long and no new Overnight Accommodation units are proposed. 132. Farm equipment sales. 143. Funeral establishments. 154. Ground floor employee dwellings. Employee dwellings on the ground floor of a nonresidential 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. i. 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. 165. Gymnasiums. 176. Hardware stores and lumber yards. 187. 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. 198. Hospitals. Formatted: Font: 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at: 0.79" 17 2019. 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 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, or 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. Commented [NS1]: 18 28. Recreational vehicle park or campground. No new recreational vehicle parks or campgrounds are allowed. The following provisions are intended to manage existing recreational vehicle parks or campgrounds while minimizing land use conflicts and environmental degradation. 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 Section 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 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 six a.m. to ten p.m. for the office and other park facilities. THE BALANCE OF 17.21.020 REMAINS THE SAME AND WILL BE RENUMBERED SECTION 2.5 Amend the RC Resort Commercial Zone as follows: 17.31.020 Permitted uses and regulations. A. Permitted Uses. The following uses shall be permitted-by-right. If a use is not listed it is prohibited. 1. Accessory buildings and uses; 2. Bars; 3. Caretaker or guard residence, accessory; Formatted: Indent: Left: 0.29" Formatted: Font: Bold 19 4. Custom personal services; 5. Eating establishments; 6. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. a. Established Overnight Accommodations will be allowed to make improvements to the property, so long and no new Overnight Accommodation units are proposed. 76. Gasoline service station, subject to the supplementary regulations of Section 17.31.050(B); 87. General retail (indoors); 8. Lodging; 9. Multi-household dwellings that cannot be used as Overnight Accommodations; 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 15. No New Recreational vehicle/travel trailer parks are allowed. Established recreational vehicle/travel trailer parks as identified on the Existing Overnight Accommodations Map are considered legal conforming uses and shall be subject to the supplementary regulations of Section 17.31.050(C) 16. Single-household dwelling. 17. Two-household dwelling and accessory units. 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 Formatted: Font: 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at: 0.79" 20 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. No new Overnight Accommodations are permitted. All other uses permitted in the RC district shall be subject to the remaining criteria of this chapter. (Ord. 19-13 § 19, 2019; Ord. 18-01 (part), 2018: Ord. 17-18 (part), 2017; Ord. 09-08, 2009) SECTION 2.6 Amend the SAR Sensitive Area Resort Zone as follows: 17.32.010 Objectives and characteristics. A. The sensitive area resort zone [SAR Zone] has been established as a zone in which large-scale master planned resort communities can be established in a more creative fashion than is possible under conventional zoning. At the same time, the SAR zone preserves the spectacular beauty and natural character of the surrounding landscapes. B. The SAR zone is designed to facilitate development in harmony with the surrounding landscape, natural formations, and vegetation. The SAR zone allows developers to create resort communities, intermixing private residences, overnight accommodations, and commercial activities in accord with resort operations and activities. A major aspect of the SAR zone is preservation of the natural feel and look of the landscape, preservation of internal and external view sheds, and emphasis on pedestrian and nonmotorized transportation within the developments themselves. C. Characteristics of the SAR zone include: 1. Promotion of large-scale master planned resort communities; 2. A mix of housing types including overnight accommodations, monthly rentals, employee/workforce housing, and private homes in a variety of dwelling types, including one- household dwellings, and multihousehold dwellings., lodges and hotels; 3. Promotion of design concepts that minimize the disruption of ecological processes, thereby preserving the recreational and aesthetic character of the area; 4. Building form, massing, and coloring that complements, rather than contrasts with, the surrounding landscapes; 5. Building designs that present an appealing visual appearance; 6. A de-emphasis on automobile travel within the development; 7. Streets, parking areas and other automobile infrastructure that, to the extent practicable, are visually minimized; Formatted: Font: Bold 21 8. Buildings clustered together and an abundance of pedestrian and nonmotorized trails; 9. Trail access from developments to nearby scenic and recreational areas; 10. Significant preservation of open space; 11. Preservation of existing topography by encouraging minimal excavation and site grading; 12. Retail businesses primarily providing goods and services to overnight guests and to development residents; 13. Special attention to limiting the effect of night lighting on surrounding areas and on the night sky. (Ord. 19-13 § 21 (part), 2019; Ord. 06-16 (part), 2006) 17.32.020 Use regulations. A. Permitted Uses. Permitted uses include: 1. Residential: Single-household dwellings; Multihousehold dwellings; Condominiums; Live/work units; Caretaker or guard residences; Employee/workforce housing. 2. Established Overnight Accommodations. Established Overnight Accommodations, as defined in this Code and as indicated on the Established Overnight Accommodations Map, shall be considered legal, conforming uses. a. Established Overnight Accommodations will be allowed to make improvements to the property, so long and no new Overnight Accommodation units are proposed. 2. Overnight Accommodations: Formatted: Font: 12 pt Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.54" + Indent at: 0.79" Formatted: Indent: Left: 0.29" 22 Hotels; Condominiums/town homes; Bed and breakfast. 3. Recreational Vehicles/ Travel Trailer Parks: No New Recreational vehicle/travel trailer parks are allowed. Established recreational vehicle/travel trailer parks as identified on the Existing Overnight Accommodations Map are considered legal conforming uses and shall be subject to the supplementary regulations of Section 17.31.050(C). 43. Retail and Commercial: Spas/personal care services; Restaurants (indoor and outdoor seating); Private clubs/taverns; Conference facilities; Recreational facilities (tennis courts, golf courses, stables, etc.); Theaters (indoor); Theaters (outdoor); Recreational tour companies, outfitters and guide services; Vehicle rental businesses (under five thousand square feet total floor space including outdoor storage); Individual retail units (under five thousand square feet total floor space); Grocery and convenience stores (under five thousand square feet total floor space); Art/photo galleries; Artisan/hand manufacturing; Professional offices; Home occupations; Parking lots associated with permitted uses. Formatted: Indent: Left: 0.29" 23 THE BALANCE OF 17.32.020 REMAINS THE SAME AND WILL BE RENUMBERED SECTION 34: Approving the Map exhibit for Established Overnight Accommodations Map for purposes of establishing legal existing Overnight Accommodations in the C-1, C- 2, C-3, C-4, RC and SAR Zones (Exhibit A):The City hereby approves the Established Overnight Accommodations Map, Exhibit A as an exhibit to this section., as an amendment to the official City Zoning Map. SECTION 46: Directing City Staff to continue to work, without undue delays and with a target date of October 31, 2019, on new zoning provisions to result in new overnight accommodations regulations that better reflect the long-term interests of the City: City staff shall continue to work, and shall promptly submit, amended regulations providing for performance standards for new overnight accommodations. Staff is directed to consider density and aesthetic criteria, landscaping, energy efficiency, buffering, and the mixing of office, retail, and residential uses with future overnight accommodations development. SECTION 5: Severability Clause: This ordinance shall be construed so as to be harmonious with Utah law. If any term, requirement, or provision of this ordinance shall be found to be invalid under applicable law it shall be stricken and the remainder of the ordinance shall be enforced without the offending term, requirement, or provision. -Remainder of Page Intentionally Left Blank- PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. SIGNED: Emily S. Niehaus, Mayor Date Formatted: Heading 1, Right: 0.15", Space Before: 4.5 pt 24 ATTEST: Sommar Johnson, City Recorder Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Legend Parcels 2018 City Limits 2009 City Zoning 2014 ZONE CODE A-2 C-1 C-2 C-3 C-4 C-5 County FC-1 I-1 MH/RV-1 R-1 R-2 R-3 R-4 RA-1 RC SAR <all other values> Overnight_Accomodations_Moab 0 600 1,200 1,800 2,400 3,000300Feet 1 inch = 600 feet 7/09/2019 DC Main Street-U.S 191Williams Way500 West500 West400 North400 North Center Street 100 South 200 South100 East300 East400 East400 East300 South 100 North 200 North 100 WestPark DrPark AvePark RdOpal AveTaylor AveMcGill Blvd Marcus Ct Westwood Ave Byrd Ave Palisade Dr Mivida DrEmma BlvdKane Creek Blvd Mountain View DrAspen A v e Birch A v e Mounta in V iew D rDoc A l len D r Huntri d g e Dr Dogwo o d A v e U.S 191 U. S 1 9 1U.S 191U.S 191 200 South 200 East100 EastUrani u m Grand Ave Ave Kachina DrMill C r e e k D r Mi l l Creek Dr Sand Flats Rd Kiva Dr Tusher StWalker StOak StHillside DrLocust Ln Locust L n Bowen Cir Sundial Dr Nichols Ln Rose Tree Ln E Center Street 200 South200 SouthStewart LnRiversands RdPortal Vista LoopBartlett St Bartlett Cir Park Dr McCormick Blvd100 WestMain Street-U.S 191ArrowheadLnRubic o n Tr ail H w y 1 2 8 Ar c h e s D r Walker StCrestview DrMill C r e e k D rLoveridgeDr 400 EastCottoonwood Ln Minor Ct Lasal R d Pear Tree Ln Powerhous e L n Murp h y L n Mill Creek DrHolyoak LnHolyoak LnLance AveAustin DrCanon VistaWanger AveDuchesne AveSan Juan Dr Lasal AveHuntcreek Dr Arbor Dr Spa n i s h V a l l e y D r Kane C r e e k B l v d Kane Creek B lvd500 WestCliffview DrMoenkopi Ave Chinle Ave Wingate Ave Hale Ave Mivida Dr Rosalie CtHobbs S t Carlos Ct Juan Ct Andrea Ct Park LnWalnut Ln 200 North 100 North Moab City Council Agenda Item Meeting Date: July 23, 2019 Title: Update City of Moab’s Municipal Code, Chapter 8.04 - Solid Waste Disposition: Discussion and adoption Staff Presenter: Rosemarie Russo Attachment(s): - Attachment 1: MCC Chapter 8.04- Solid Waste Recommended Motion(s): For Option 1: I move to approve the MCC Chapter 8.04- Solid Waste code revisions that reflect the opt-out option for residential recycling service that was approved by Resolution 07-2019 and revised definitions for organic material, recyclable commodities and construction debris. “Construction debris” includes asphalt, wood, porcelain, and concrete used in remodels or new buildings. “Contractor” means the person authorized by contract with the city to collect and dispose of solid waste and recycling generated within the city limits. “Organic waste” means food scraps, organic waste and yard debris that can be used to amend soils as compost to absorb storm water, resist droughts and add nutrients to lawns and gardens. “Recyclable” refers to material that can be reused and repurposed including cardboard, glass, paper, plastic or wood. 8.04.020 Mandatory collection. As defined in this chapter, every residence or commercial establishment shall be required to receive and pay for solid waste collection services including residential recycling with an opt out provision from the city effective June 1, 2019. For Option 2: I move to approve the following code revisions: 8.04.020 Mandatory collection. New construction and remodels over 5,000 square feet will be required to recycle 50% of asphalt, concrete, cardboard, metal and wood from construction sites. Background/Summary: The City Council received a briefing and approved Resolution 07-2019 establishing a mandatory residential recycling program with an opt-out option on February 12, 2019. Option 1 reflects the Code revisions previously approved. Additionally, the definitions for waste have been changed to reclassify the terms food scraps, cardboard, yard waste, glass, plastic, paper and wood from solid waste into new categories of construction debris, recyclable and compostable material. Additional code revisions were discussed during the City Council meetings in November and February 2018 and July 2019, including: • Recycling for commercial accounts • Construction debris recycling for projects above 5,000 sq. feet • Cardboard recycling for commercial or all accounts Option 2 This option addresses a provision for mandatory construction recycling of 50% of asphalt, wood, porcelain, and concrete used in remodels or new buildings over 5,000 sq. feet. The Special Waste Service District is interested in establishing a re-use site for building material so this would align with their plans. Le Grand, Monument Waste and the CRC accept this type of material. This material could be sold to residents to lower their building and remodeling costs. The provision includes an effective date of 1/1/2020 to allow for infrastructure set-up. Recycling Progress & Challenges The new collection contract has been very successful in terms of high volume and low contamination rates among residents. Public sites are improving. Initial changes included posting “No Bags” and “Recycling” symbol decals on the front of containers. The City plans to post signs as a reminder about illegal dumping of special waste (i.e., septage) in the recycling containers due to a continuous problem at Swanny Park. See language below: 8.04.090 Dumping prohibited. No person shall knowing dump, leave, deposit, or release solid waste or special waste upon any real property within the city, except in conformity with local zoning requirements and applicable state and federal regulations. (Ord. 04-06 (part), 2004). A fine of $250 will be assessed for illegal dumping in accordance with procedures outlined in 8.04.065. 1 CITY OF MOAB ORDINANCE #2019-15 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 8.04.010 PERTAINING TO DEFINATIONS; AMENDING DEFINITIONS; AMENDING SECTION 8.04.020 MANDATORY COLLECTION; AND SECTION 8.04.030 RATES AND CHARGES The following findings describe the intent and purpose of this ordinance: a. The City has enacted Chapter 8.04, Solid Waste of the Moab Municipal Code, which governs solid waste collection. The City approved amending the code to include recycling services and rate modifications by Resolution 07-2019. Therefore, the City of Moab replaces the following language in the Code: Chapter 8.04 SOLID WASTE Sections: ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. 8.04.020 Mandatory collection. 8.04.030 Rates and charges. 8.04.040 Automated collection and point of collection. 8.04.050 Collection schedule; time of placement. 8.04.060 Rules and regulations. ARTICLE II. HEALTH AND SAFETY 8.04.065 Distribution of disposable plastic bags prohibited. 8.04.070 Accumulations and disposal on property prohibited. 8.04.080 Burning prohibited. 8.04.090 Dumping prohibited. 2 8.04.100 Pre-enforcement notice. 8.04.110 Abatement. 8.04.120 Collection. 8.04.130 Criminal enforcement. 8.04.140 Successive violations. ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. The following definitions shall apply to this chapter: “Approved commercial garbage containers” means contractor-furnished commercial bins (two- yard minimum capacity). These containers are designed for automated collection. All containers have permanently attached, tight-fitting lids, and will meet all state of Utah Department of Health regulations. “Approved container” means containers approved by the city in its solid waste rate resolution, which are designed and suitable for automated solid waste collection. “Approved residential garbage containers” means ninety-five-gallon containers provided by the city. These containers are designed specifically for automated collection, and are equipped with wheels for easy movement by residents and other city users. All containers have permanently attached, tight-fitting lids. Such containers may be referred to as “Standard.” “Automated collection” means solid waste collection using specialized trucks capable of lifting and emptying specially designed solid waste receptacles. “Business” means a location or structure lawfully used or occupied, on either a temporary or permanent basis, for purposes of carrying on a trade or profession for a profit. “Centralized collection” means a group of residences, as defined in this chapter, receiving solid waste collection at a single point utilizing a dumpster or other approved container, rather than individual cans kept by each dwelling. “City” means the city of Moab and all territory within its municipal limits as same may change from time to time. “Commercial” means all classes of customers receiving solid waste collection service which, however denominated, are not classified as a residence, including, without limitation, offices, 3 restaurants, hotels, resorts, motels, campgrounds, inns, government buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities, workshops, warehouses, garages, businesses or any other type of nonresidential land use. “Construction debris” includes asphalt, wood, porcelain, and concrete used in remodels or new buildings. “Contractor” means the person authorized by contract with the city to collect and dispose of solid waste and recycling generated within the city limits. “Disposable plastic bag” means a bag made from either noncompostable plastic or compostable plastic that is less than 2.25 mil in thickness according to ASTM D6988-08 or ISO 4593-1993 or ISO 4591:1992 standards, and which is provided by a vendor to a customer at the point of sale for the purpose of transporting goods or merchandise. The term “disposable plastic bag” does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags and intended for food storage, garbage, pet waste, or yard waste; 3. Reusable bags that are made of cloth or other machine washable fabric that have handles, or a durable plastic bag that is at least 2.25 mil thick with handles and specifically designed and manufactured for multiple uses. Reusable bags shall not contain lead, cadmium, or any other heavy metal in toxic amounts; 4. Disposable paper bags; or 5. Bags used by consumers inside retail stores to: a. Package bulk items, such as produce, nuts, grains, candy or small hardware items; b. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; or c. Contain or wrap flowers, potted plants, or other items where moisture may be a problem. “Owner” means a person, firm, partnership, corporation, or other entity that exercises control over a retail store. 4 “Residence” or “residential,” as applied in this chapter, means those solid waste customers consisting of a house, apartment, town home, condominium, mobile home, or other structure which is lawfully occupied as a human dwelling, but excluding hotels, motels, inns, or other dwellings lawfully operated as overnight accommodations. “Retail store” means a place of business that sells any goods or household items to the ultimate consumer including, but not limited to: grocery stores; convenience stores; drugstores; hardware stores; and similar outlets selling general merchandise of any kind, apparel, food (whether prepared or not), beverages, tools, recreational products, or the like. Retail stores include premises that may be operated temporarily, seasonally, or for a nonprofit purpose. “Organic waste” means food scraps, organic waste and yard debris that can be used to amend soils as compost to absorb storm water, resist droughts and add nutrients to lawns and gardens. “Recyclable” refers to material that can be reused and repurposed including cardboard, glass, paper, plastic or wood. “Solid waste” means commercial or residential garbage, refuse, trash, or other discarded material, including liquids and semisolid materials but excluding the types of waste described in “special waste.” “Special waste” means the following materials: 1. Medical or infectious waste; 2. Animal carcasses; 3. Discarded appliances; 4. Construction debris; 5. Motor vehicles; 6. Sewage, sludge, or septage (i.e., human or animal waste that may contain parasites); 7. Explosives; 8. Toxic or hazardous wastes as defined by Utah or federal law; 9. Materials collected for recycling; 5 10. Used motor oil; 11. Mining slag, drilling mud, or other wastes from mineral extraction or industrial operations; 12. Ashes or other material which is combusting; 13. Bulky materials which cannot be collected by the contractor using automated collection pursuant to the terms of the franchise agreement; 14. Restaurant grease; and 15. Large metal objects. (Ord. 18-17 Att. A (part), 2018*; Ord. 04-06 (part), 2004) *Code Reviser’s Note: Ord. 18-17, which adds definitions for “disposable plastic bag,” “retail store” and “owner” to this section, takes effect January 1, 2019. 8.04.020 Mandatory collection. Solid waste shall only be collected within the city limits by the approved contractor pursuant to the terms of a solid waste collection franchise agreement with the city. As defined in this chapter, every residence or commercial establishment shall be required to receive and pay for solid waste collection services including residential recycling with an opt out provision from the city. Nothing in this chapter shall be construed to prohibit a person from hauling residential or commercial solid waste or special waste generated from a location owned by that person to an authorized disposal facility, provided that the owner shall at all times remain liable for solid waste collection service charges assessed by the city pursuant to this chapter. (Ord. 04-06 (part), 2004) New construction and remodels over 5,000 square feet will be required to recycle 50% of asphalt, concrete, cardboard, metal and wood from construction sites, effective January 1, 2020. 8.04.030 Rates and charges. Rates for solid waste collection shall be established and modified from time to time by the City Council. Every solid waste customer within city limits, whether residential or commercial, receiving culinary water or sewer service from the city, shall be billed for solid waste service (i.e., trash and recycling) together with water or sewer service charges. As provided for water and sewer service charges, the owner of every property required to receive solid waste collection services shall be required to execute an application agreeing to be liable for all charges for service. In the event that a property owner fails or refuses to pay for solid waste service, the city 6 shall be authorized to discontinue providing solid waste service and to disconnect the culinary water service connection to the property until all accrued charges have been paid in full. Prior to terminating service, the city shall deliver a written notice of default to the owner advising that if payment is not made in full by a date specified, the city will discontinue solid waste and culinary water service to the property. Any person wishing to contest a notice issued under this section may request a hearing before the city council pursuant to Section 8.04.100 of this chapter. A. Solid waste charges may be suspended for residential customers for periods of time in excess of thirty days when the residence is unoccupied, provided that the property owner provides written notice to the city treasurer of same. During the period the residence is unoccupied, culinary water service and solid waste service shall be suspended. In no case shall solid waste service be suspended pursuant to this subsection during a time in which the residence also receives culinary water service. B. Each residential unit shall be billed separately for solid waste service, unless centralized collection is authorized pursuant to Section 8.04.040 of this chapter. Rates assessed on residential customers shall be assessed on a per unit basis. C. In its discretion, the city may issue a refund to a customer due to a billing error, retroactive to a maximum of three months (without proration) from the date the correction is made. D. The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of container used by the customer. Properties with more than one land use shall be charged the higher applicable rate. (Ord. 04-06 (part), 2004) 8.04.040 Automated collection and point of collection. All solid waste shall be deposited into approved containers for automated collection by the contractor. The point of collection shall be at the curb of a public street or alley. In the event that the property of the customer is not adjacent to a public street or alley, the customer shall place the container in the next most accessible location acceptable to the contractor, which may be on private property. Property owners shall allow the contractor reasonable access to their property for purposes of collection. A. Centralized collection may be authorized by the city for residential customers where site constraints make individual can service impracticable, and where there is an individual property owner or entity that assumes liability for payment of all solid waste collection services. The city shall provide such authorization in writing. The rate owing for such service shall be based upon 7 the centralized collection rate multiplied by the number of residential units. Residential customers utilizing centralized collection not authorized by the city shall pay the standard residential rate. (Ord. 04-06 (part), 2004) 8.04.050 Collection schedule; time of placement. Collection of solid waste shall be pursuant to schedules established by the city and contractor, except that customers can request and pay for additional pickups in accordance with approved rates as needed. Solid waste shall not be placed out for pickup more than twenty-four hours before a scheduled pickup. Empty cans shall be promptly removed from the curb within twenty- four hours of pickup. (Ord. 04-06 (part), 2004) 8.04.060 Rules and regulations. City staff may promulgate additional rules and regulations as are necessary or appropriate to implement this chapter. All such regulations shall be written and made available to the public. (Ord. 04-06 (part), 2004) ARTICLE II. HEALTH AND SAFETY 8.04.065 Distribution of disposable plastic bags prohibited. Revised 9/18 A. It is unlawful for the owner of any retail store to distribute disposable plastic bags to customers at or before the point of sale. The owners of retail stores are encouraged to provide recyclable paper bags, reusable bags, or boxes to customers and establish an at-store recycling program that provides customers the opportunity to return clean carryout bags. B. Retail stores distributing paper bags to customers shall use bags containing a minimum of forty percent recycled paper content. C. The city manager or his/her designee(s) shall have the primary responsibility for enforcement of this section. If the city manager or his/her designee(s) determines that a violation of this section has occurred, he/she shall issue a written warning to the owner or manager of the retail store indicating that a violation has occurred, and allowing a reasonable period of time, but not less than thirty days, in which to cure or abate the violation(s). Subsequent violations of this section shall be subject to the penalties set forth below. D. A person violating this section shall be liable for a civil penalty as follows: 1. A fine not exceeding two hundred fifty dollars for the first violation following a written warning within a one-year period. 8 2. A fine not exceeding five hundred dollars for the second and each subsequent violation within a one-year period. 3. The city may obtain civil injunctive relief, without requirement of bond, upon proof of three or more violations within a one-year period. In any civil injunctive proceeding the city may also recover its reasonable attorney’s fees and court costs. (Ord. 18-17 Att. A (part), 2018*) *Code Reviser’s Note: Ord. 18-17 takes effect January 1, 2019. 8.04.070 Accumulations and disposal on property prohibited. No owner or lessee of real property shall knowingly allow or cause solid waste or special waste to be deposited, disposed, or otherwise allowed to accumulate upon property which is not zoned and licensed as a storage or disposal site. A. Accumulations of solid waste or special waste as a result of ordinary commercial or residential activities is permitted in advance of regularly scheduled pickups, provided that all solid waste is housed in approved containers, and any special waste is properly contained so as to prevent odors, fumes, leaks, dust, insects, unsightly debris, animal infestations, or other hazardous conditions or nuisances. (Ord. 04-06 (part), 2004) 8.04.080 Burning prohibited. No person shall knowingly cause or allow solid waste or special waste to be burned or incinerated within the city. (Ord. 04-06 (part), 2004) 8.04.090 Dumping prohibited. No person shall knowing dump, leave, deposit, or release solid waste or special waste upon any real property within the city, except in conformity with local zoning requirements and applicable state and federal regulations. (Ord. 04-06 (part), 2004). A fine of $500 will be assessed for illegal dumping. 8.04.100 Pre-enforcement notice. Prior to commencing any civil enforcement or collection proceedings for a default or other violations of this chapter, the city shall first deliver written notice to the affected person advising of the nature of the violation and allowing a reasonable opportunity to cure or abate the violation, or request a hearing before the city council. A person wishing to contest a notice issued under this section may request a hearing by delivering written notice to the city prior to the expiration of the cure period. A timely notice shall stay enforcement proceedings until a hearing can be held. The city council’s decision shall be final for purposes of seeking judicial review or 9 enforcement. The exhaustion of this administrative remedy shall be a jurisdictional prerequisite to a judicial action by any person challenging the validity of any enforcement or administrative action by the city. (Ord. 04-06 (part), 2004) 8.04.110 Abatement. In the event that a party fails to cure or abate a violation, the city may, in its discretion, elect to remove or dispose of the offending solid waste or special waste. The city, or its designee, shall be authorized to enter upon private property for the purpose of removing or abating the violation. The owner of the real property shall be liable to the city for all actual costs incurred in cleaning up or abating the violation. (Ord. 04-06 (part), 2004) 8.04.120 Collection. In addition to all other remedies, the city may commence a civil action to collect any sums owing pursuant to this chapter, or to obtain mandatory injunctive relief. In any injunctive proceeding, the city need only prove the violation of the ordinance to obtain injunctive relief. A. In no instance shall an owner or real property be held liable for solid waste, water, or sewer service charges incurred by a prior owner of the property. B. In its discretion, the city may elect to commence a civil action to collect any debt owing under this chapter. In any civil proceeding where liability is imposed, the city shall be entitled to recover its reasonable attorney fees and court costs, in addition to the relief authorized by this chapter. (Ord. 04-06 (part), 2004) 8.04.130 Criminal enforcement. In addition to all other remedies, any violation of this chapter shall be punishable as a criminal Class B misdemeanor, as provided under U.C.A. 76-3-204 and 76-3-301. In any criminal enforcement proceeding, the court shall have jurisdiction to assess costs, order restitution to victims, or require abatement of violations, as provided by law. (Ord. 04-06 (part), 2004) 8.04.140 Successive violations. Each day of a continuing or ongoing violation of this chapter may be prosecuted as a separate offense for purposes of all remedies authorized by this chapter. (Ord. 04-06 (part), 2004) PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect immediately upon passage. 10 SIGNED: Emily S. Niehaus, Mayor Date ATTEST: Sommar Johnson, Recorder Chapter 8.04 SOLID WASTE Revised 6/19 Sections: ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. Revised 6/19 8.04.020 Mandatory collection. 8.04.030 Rates and charges. 8.04.040 Automated collection and point of collection. 8.04.050 Collection schedule; time of placement. 8.04.060 Rules and regulations. ARTICLE II. HEALTH AND SAFETY 8.04.065 Distribution of disposable plastic bags prohibited. Revised 9/18 8.04.070 Accumulations and disposal on property prohibited. 8.04.080 Burning prohibited. 8.04.090 Dumping prohibited. 8.04.100 Pre-enforcement notice. 8.04.110 Abatement. 8.04.120 Collection. 8.04.130 Criminal enforcement. 8.04.140 Successive violations. ARTICLE I. SOLID WASTE COLLECTION 8.04.010 Definitions. Revised 6/19 The following definitions shall apply to this chapter: “Approved commercial garbage containers” means contractor-furnished commercial bins (two-yard minimum capacity). These containers are designed for automated collection. All containers have permanently attached, tight-fitting lids, and will meet all state of Utah Department of Health regulations. “Approved container” means containers approved by the city in its solid waste rate resolution, which are designed and suitable for automated solid waste collection. “Approved residential garbage containers” means ninety-five-gallon containers provided by the city. These containers are designed specifically for automated collection, and are equipped with wheels for easy movement by residents and other city users. All containers have permanently attached, tight-fitting lids. Such containers may be referred to as “Standard.” “Automated collection” means solid waste collection using specialized trucks capable of lifting and emptying specially designed solid waste receptacles. “Business” means a location or structure lawfully used or occupied, on either a temporary or permanent basis, for purposes of carrying on a trade or profession for a profit. “Centralized collection” means a group of residences, as defined in this chapter, receiving solid waste collection at a single point utilizing a dumpster or other approved container, rather than individual cans kept by each dwelling. “City” means the city of Moab and all territory within its municipal limits as same may change from time to time. “Commercial” means all classes of customers receiving solid waste collection service which, however denominated, are not classified as a residence, including, without limitation, offices, restaurants, hotels, resorts, motels, campgrounds, inns, government buildings, churches, hospitals, schools, meeting facilities, retail establishments, industrial facilities, workshops, warehouses, garages, businesses or any other type of nonresidential land use. “Organic waste” means food scraps, organic waste and yard debris that can be used to amend soils as compost to absorb storm water, resist droughts and add nutrients to lawns and gardens. “Construction debris” includes asphalt, wood, porcelain, and concrete used in remodels or new buildings. Contractor means the person authorized by contract with the city to collect and dispose of solid waste and recycling generated within the city limits. Disposable plastic bag means a bag made from either noncompostable plastic or compostable plastic that is less than 2.25 mil in thickness according to ASTM D6988-08 or ISO 4593-1993 or ISO 4591:1992 standards, and which is provided by a vendor to a customer at the point of sale for the purpose of transporting goods or merchandise. The term disposable plastic bag does not include: 1. Bags provided by pharmacists to contain prescription drugs; 2. Newspaper bags, door hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags and intended for food storage, garbage, pet waste, or yard waste; 3. Reusable bags that are made of cloth or other machine washable fabric that have handles, or a durable plastic bag that is at least 2.25 mil thick with handles and specifically designed and manufactured for multiple uses. Reusable bags shall not contain lead, cadmium, or any other heavy metal in toxic amounts; 4. Disposable paper bags; or 5. Bags used by consumers inside retail stores to: a. Package bulk items, such as produce, nuts, grains, candy or small hardware items; b. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are prepackaged; or c. Contain or wrap flowers, potted plants, or other items where moisture may be a problem. Owner means a person, firm, partnership, corporation, or other entity that exercises control over a retail store. Residence or residential, as applied in this chapter, means those solid waste customers consisting of a house, apartment, town home, condominium, mobile home, or other structure which is lawfully occupied as a human dwelling, but excluding hotels, motels, inns, or other dwellings lawfully operated as overnight accommodations. Retail store means a place of business that sells any goods or household items to the ultimate consumer including, but not limited to: grocery stores; convenience stores; drugstores; hardware stores; and similar outlets selling general merchandise of any kind, apparel, food (whether prepared or not), beverages, tools, recreational products, or the like. Retail stores include premises that may be operated temporarily, seasonally, or for a nonprofit purpose. Recyclable refers to material that can be reused and repurposed including cardboard, glass, paper, plastic or wood. Solid waste means commercial or residential garbage, refuse, trash, or other discarded material, including liquids and semisolid materials. but excluding the types of waste described in special waste. Special waste means the following materials: 1. Medical or infectious waste; 2. Animal carcasses; 3. Discarded appliances; 4. Construction debris; 5. Motor vehicles; 6. Sewage, sludge, or septage (human or animal waste containing parasites); 7. Explosives; 8. Toxic or hazardous wastes as defined by Utah or federal law; 9. Materials collected for recycling; 10. Used motor oil; 11. Mining slag, drilling mud, or other wastes from mineral extraction or industrial operations; 12. Ashes or other material which is combusting; 13. Bulky materials which cannot be collected by the contractor using automated collection pursuant to the terms of the franchise agreement; 14. Restaurant grease; and 15. Large metal objects. (Ord. 18-17 Att. A (part), 2018*; Ord. 04-06 (part), 2004) *Code Reviser’s Note: Ord. 18-17, which adds definitions for “disposable plastic bag,” “retail store” and “owner” to this section, takes effect January 1, 2019. 8.04.020 Mandatory collection. Solid waste shall only be collected within the city limits by the approved contractor pursuant to the terms of a solid waste collection franchise agreement with the city. As defined in this chapter, every residence or commercial establishment shall be required to receive and pay for solid waste collection services including residential recycling with an opt out provision from the city. Nothing in this chapter shall be construed to prohibit a person from hauling residential or commercial solid waste or special waste generated from a location owned by that person to an authorized disposal facility, provided that the owner shall at all times remain liable for solid waste collection service charges assessed by the city pursuant to this chapter. (Ord. 04-06 (part), 2004) New construction and remodels over 5,000 square feet will be required to recycle 50% of asphalt, concrete, cardboard, metal and wood from construction sites, effective January 1, 2020. 8.04.030 Rates and charges. Rates for solid waste collection shall be established and modified from time to time by the City Council. Every solid waste customer within city limits, whether residential or commercial, receiving culinary water or sewer service from the city, shall be billed for solid waste service (i.e., trash and recycling) together with water or sewer service charges. As provided for water and sewer service charges, the owner of every property required to receive solid waste collection services shall be required to execute an application agreeing to be liable for all charges for service. In the event that a property owner fails or refuses to pay for solid waste service, the city shall be authorized to discontinue providing solid waste service and to disconnect the culinary water service connection to the property until all accrued charges have been paid in full. Prior to terminating service, the city shall deliver a written notice of default to the owner advising that if payment is not made in full by a date specified, the city will discontinue solid waste and culinary water service to the property. Any person wishing to contest a notice issued under this section may request a hearing before the city council pursuant to Section 8.04.100 of this chapter. A. Solid waste charges may be suspended for residential customers for periods of time in excess of thirty days when the residence is unoccupied, provided that the property owner provides written notice to the city treasurer of same. During the period the residence is unoccupied, culinary water service and solid waste service shall be suspended. In no case shall solid waste service be suspended pursuant to this subsection during a time in which the residence also receives culinary water service. B. Each residential unit shall be billed separately for solid waste service, unless centralized collection is authorized pursuant to Section 8.04.040 of this chapter. Rates assessed on residential customers shall be assessed on a per unit basis. C. In its discretion, the city may issue a refund to a customer due to a billing error, retroactive to a maximum of three months (without proration) from the date the correction is made. D. The solid waste collection rate applicable to a given property shall be based upon the type of land use, whether commercial or residential, regardless of the type of container used by the customer. Properties with more than one land use shall be charged the higher applicable rate. (Ord. 04-06 (part), 2004) 8.04.040 Automated collection and point of collection. All solid waste shall be deposited into approved containers for automated collection by the contractor. The point of collection shall be at the curb of a public street or alley. In the event that the property of the customer is not adjacent to a public street or alley, the customer shall place the container in the next most accessible location acceptable to the contractor, which may be on private property. Property owners shall allow the contractor reasonable access to their property for purposes of collection. A. Centralized collection may be authorized by the city for residential customers where site constraints make individual can service impracticable, and where there is an individual property owner or entity that assumes liability for payment of all solid waste collection services. The city shall provide such authorization in writing. The rate owing for such service shall be based upon the centralized collection rate multiplied by the number of residential units. Residential customers utilizing centralized collection not authorized by the city shall pay the standard residential rate. (Ord. 04-06 (part), 2004) 8.04.050 Collection schedule; time of placement. Collection of solid waste shall be pursuant to schedules established by the city and contractor, except that customers can request and pay for additional pickups in accordance with approved rates as needed. Solid waste shall not be placed out for pickup more than twenty-four hours before a scheduled pickup. Empty cans shall be promptly removed from the curb within twenty-four hours of pickup. (Ord. 04-06 (part), 2004) 8.04.060 Rules and regulations. City staff may promulgate additional rules and regulations as are necessary or appropriate to implement this chapter. All such regulations shall be written and made available to the public. (Ord. 04-06 (part), 2004) ARTICLE II. HEALTH AND SAFETY 8.04.065 Distribution of disposable plastic bags prohibited. Revised 9/18 A. It is unlawful for the owner of any retail store to distribute disposable plastic bags to customers at or before the point of sale. The owners of retail stores are encouraged to provide recyclable paper bags, reusable bags, or boxes to customers and establish an at- store recycling program that provides customers the opportunity to return clean carryout bags. B. Retail stores distributing paper bags to customers shall use bags containing a minimum of forty percent recycled paper content. C. The city manager or his/her designee(s) shall have the primary responsibility for enforcement of this section. If the city manager or his/her designee(s) determines that a violation of this section has occurred, he/she shall issue a written warning to the owner or manager of the retail store indicating that a violation has occurred, and allowing a reasonable period of time, but not less than thirty days, in which to cure or abate the violation(s). Subsequent violations of this section shall be subject to the penalties set forth below. D. A person violating this section shall be liable for a civil penalty as follows: 1. A fine not exceeding two hundred fifty dollars for the first violation following a written warning within a one-year period. 2. A fine not exceeding five hundred dollars for the second and each subsequent violation within a one-year period. 3. The city may obtain civil injunctive relief, without requirement of bond, upon proof of three or more violations within a one-year period. In any civil injunctive proceeding the city may also recover its reasonable attorney’s fees and court costs. (Ord. 18-17 Att. A (part), 2018*) *Code Reviser’s Note: Ord. 18-17 takes effect January 1, 2019. 8.04.070 Accumulations and disposal on property prohibited. No owner or lessee of real property shall knowingly allow or cause solid waste or special waste to be deposited, disposed, or otherwise allowed to accumulate upon property which is not zoned and licensed as a storage or disposal site. A. Accumulations of solid waste or special waste as a result of ordinary commercial or residential activities is permitted in advance of regularly scheduled pickups, provided that all solid waste is housed in approved containers, and any special waste is properly contained so as to prevent odors, fumes, leaks, dust, insects, unsightly debris, animal infestations, or other hazardous conditions or nuisances. (Ord. 04-06 (part), 2004) 8.04.080 Burning prohibited. No person shall knowingly cause or allow solid waste or special waste to be burned or incinerated within the city. (Ord. 04-06 (part), 2004) 8.04.090 Dumping prohibited. No person shall knowing dump, leave, deposit, or release solid waste or special waste upon any real property within the city, except in conformity with local zoning requirements and applicable state and federal regulations. (Ord. 04-06 (part), 2004). A fine of $500 will be assessed for illegal dumping. 8.04.100 Pre-enforcement notice. Prior to commencing any civil enforcement or collection proceedings for a default or other violations of this chapter, the city shall first deliver written notice to the affected person advising of the nature of the violation and allowing a reasonable opportunity to cure or abate the violation, or request a hearing before the city council. A person wishing to contest a notice issued under this section may request a hearing by delivering written notice to the city prior to the expiration of the cure period. A timely notice shall stay enforcement proceedings until a hearing can be held. The city council’s decision shall be final for purposes of seeking judicial review or enforcement. The exhaustion of this administrative remedy shall be a jurisdictional prerequisite to a judicial action by any person challenging the validity of any enforcement or administrative action by the city. (Ord. 04-06 (part), 2004) 8.04.110 Abatement. In the event that a party fails to cure or abate a violation, the city may, in its discretion, elect to remove or dispose of the offending solid waste or special waste. The city, or its designee, shall be authorized to enter upon private property for the purpose of removing or abating the violation. The owner of the real property shall be liable to the city for all actual costs incurred in cleaning up or abating the violation. (Ord. 04-06 (part), 2004) 8.04.120 Collection. In addition to all other remedies, the city may commence a civil action to collect any sums owing pursuant to this chapter, or to obtain mandatory injunctive relief. In any injunctive proceeding, the city need only prove the violation of the ordinance to obtain injunctive relief. A. In no instance shall an owner or real property be held liable for solid waste, water, or sewer service charges incurred by a prior owner of the property. B. In its discretion, the city may elect to commence a civil action to collect any debt owing under this chapter. In any civil proceeding where liability is imposed, the city shall be entitled to recover its reasonable attorney fees and court costs, in addition to the relief authorized by this chapter. (Ord. 04-06 (part), 2004) 8.04.130 Criminal enforcement. In addition to all other remedies, any violation of this chapter shall be punishable as a criminal Class B misdemeanor, as provided under U.C.A. 76-3-204 and 76-3-301. In any criminal enforcement proceeding, the court shall have jurisdiction to assess costs, order restitution to victims, or require abatement of violations, as provided by law. (Ord. 04-06 (part), 2004) 8.04.140 Successive violations. Each day of a continuing or ongoing violation of this chapter may be prosecuted as a separate offense for purposes of all remedies authorized by this chapter. (Ord. 04-06 (part), 2004) Moab City Council Agenda Item Meeting Date: July 23, 2019 Title: Anti-Idling Amendments, municipal Code, Sections 10.04.230 8B & 8C, Vehicles and Traffic Disposition: Discussion and adoption Staff Presenter: Rosemarie Russo Attachment(s): Idling Amendment Recommended Motion(s): Approved revised amendments with shorter duration and set exemptions. CITY OF MOAB ORDINANCE 2019-17 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, SECTIONS 10.04.230, 8B and 8C The following findings describe the intent and purpose of this ordinance: WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 10.04, also known as "Vehicles and Traffic" in an effort to promote safe use of all City streets and vehicles within the City limits; and, WHEREAS, the City has noticed that there is a need to amend the Code in order to clarify existing uses or prohibit activities that may be deemed unsafe or which may disturb the peace of residents; and, WHEREAS, the City has received several noise complaints from residents due to commercial trucks and recreational vehicles parking for hours on public streets while running or idling; and, WHEREAS, the increase in vehicle traffic, idling and unlawful camping is negatively impacting air quality (i.e., SOx, NOx and VOCs) and exacerbating the severity and number of allergies and asthma attacks, and other health conditions; WHEREAS, over 50% of air pollution is a result of mobile sources in Utah; WHEREAS, the Utah Department of Air Quality has observed that the unnecessary idling or cars, trucks and buses affects the quality of air we breathe both at the point of idling (often most concentrated in front of schools and homes), and regionally due to pollutants released into the atmosphere; WHEREAS, in addition to health impacts, air pollution imposes significant economic costs and negative impacts on our quality of life; WHEREAS, vehicle exhaust is a source of carbon monoxide, particulate matter, toxic air contaminants, and greenhouse gases; WHEREAS, Moab City should play an important role in improving air quality by limiting the amount of time engines in City-owned vehicles are allowed to idle and thereby will led the effort to improve air quality. WHEREAS, according to the Environmental Protection Agency, fuel costs alone from engine idling are enormous, as car engines use over a gallon of fuel for each hour they idle. In addition, according to the U.S. Department of Energy, more than 3 billion gallons of fuel are used every year fueling idling engines; WHEREAS, by amending the code and prohibiting idling as defined in this ordinance within city limits, the City limits the negative environmental effects that idling creates and thereby preserves the health and promotes the prosperity, good order, comfort and convenience of the city and its inhabitants. WHEREAS, Council found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby adopts Ordinance #2019 -17 and amends Chapter 10.04, specifically Section 10.04.230 8. B. and 8.C. as follows: 10.04.230 Unlawful Parking, Idling or Camping A. Definitions. As used in this section: 1. "Block" means the distance on both sides of a street between two (2) intersecting streets 2. "Commercial vehicle” means a motor vehicle in excess of one-ton capacity of whatever make or type designed for or adapted to commercial or agricultural purposes, regardless of the use to which such vehicle is put at any particular time. The term "commercial vehicle" includes, without limitation, all so- called "semi" truck tractors and "semi" truck-trailers, as well as motorized equipment, such as loaders, backhoes, excavators, or the like. 3. Idling" means running an engine on a motor vehicle while parked. 4. "Public Street" means any right of way owned by the City of Moab, Grand County or Utah Department of Transportation (UDOT) within the city limits of Moab. This includes roads, streets and alleys. 5. "Recreational vehicle (RV)" means a vehicle other than a mobile home, primarily designed as a temporary dwelling for travel, recreational or vacation use, which is either a self-propelled motor vehicle or pulled by another vehicle. The term recreational vehicle also includes a boat, a snowmobile, personal watercraft, an all-terrain vehicle, or off-highway vehicle, a travel trailer, a camping trailer, a motor home, a fifth wheel trailer, trailers, and other similar vehicles. 6. "Running" means any vehicle, as defined in this section, parked with a generator or refrigeration unit in operation. 7. "Trailer'' means any truck trailer or other trailer designed or adapted primarily for the transportation of materials, debris, or property of whatever kind, including, without limitation, boats, personal watercraft, snowmobiles, all- terrain vehicles, or motorcycles, whether occupied or empty. 8. "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle without motive power, whether occupied or empty, designed as a temporary dwelling for travel, recreational or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. B. Idling or Running Prohibited. It is unlawful for any person to park or to cause to park or leave standing, idling, or running any motor vehicle commercial vehicle, or recreational vehicle as defined in this section on any public road, street, alley or municipal property for a period of time in excess of two (2) minutes. Any vehicle parked or left standing in violation of this subsection may be impounded or removed by any certified peace officer or other designated official, and the owner may be fined as provided in this chapter, except for the following kinds of idling: 1. Idling while stopped: a. For an official traffic control; b. For an official traffic control signal; c. At the direction of a police officer; . 2. Idling as needed to operate heaters or air conditioners where the temperature is below zero degrees Fahrenheit (0) or above ninety degrees Fahrenheit (90*F as measured at the Moab Airport and determined by the National Weather Service, for the health or safety of a driver or passenger, including service animals. . 3. Idling as needed for emergency vehicles to operate equipment. 4. Idling as needed to ascertain that a vehicle is in safe operating condition and equipped as required by all provisions of law, and that all equipment is in good working order, either as part of the daily vehicle inspection, or as otherwise needed. 5. Idling as needed for testing, servicing, repairing, installation, maintenance or diagnostic purposes. 6. Idling for the period recommended by the manufacturer to warm up or cool down a turbocharged heavy duty vehicle. 7. Idling as needed to operate auxiliary equipment for which the vehicle was primarily designed or equipped, other than transporting goods, such as: operating a transportation refrigeration unit (TRU), lift, crane, pump, drill, hoist, ready mixed equipment, except a heater or air conditioner. 8. Idling as needed to operate a lift or other piece of equipment designed to ensure safe loading and uploading of goods or people. 9. Idling to recharge a battery or other energy storage unit of a hybrid electric vehicle. 10. Idling as needed for vehicles that house K-9 or other service animals. 11. Idling by on duty police officers as necessary for the performance of their official duties. C. Camping Prohibited. It is unlawful to park any motor vehicle, commercial vehicle, or recreational vehicle on a public road, street, alley, or private property, for purposes of human habitation or overnight camping. Any vehicle parked or left standing in violation of this subsection for a period exceeding four consecutive hours may be impounded or removed by a peace officer or other designated official, and the owner may be fined as provided in this chapter. 1. Vehicles moved from a parking spot and then re-parked on the same block, as defined in this section, within twenty four (24) hours from the time of removal shall be deemed to have been continuously parked for the purposes of this subsection. D. lmpoundment. For purposes of impoundment and removal, a certified peace officer, or other designated official, may, after placing a visible notification on the vehicle and making a reasonable effort to locate the owner, impound and remove any motor vehicle which has been unmoved for four consecutive hours. The cost of impoundment and removal shall be charged to the owner or any person who claims the impounded motor vehicle. E. Ownership. The presence of any motor vehicle, commercial vehicle, or recreational vehicle when parked in violation of this section is prima facie evidence that the registered owner or lessee of such vehicle parked the same, or that the driver was acting as the agent of the owner or lessee. F. Relocation. No motor vehicle, commercial vehicle, or recreational vehicle that has been the subject of a violation of this section shall be subsequently relocated or parked on the same block where the violation occurred for a period of one hundred eighty days from the date of violation, while idling. Relocation or parking of the vehicle in violation of this subsection shall be a separate violation. G. Continuing Violations. In the case of a continuing violation under this section, each day of violation shall be deemed a separate offense. H. Conflicting Ordinances. This section shall control and take precedence over any conflicting provisions in this code concerning parking or storage of vehicles. (Ord. 18-02 (part), 2018: Ord. 17-35, 2017) Editor’s note: Ord. No. 10-02, adopted February 23, 2010, repealed the former § 10.04.230, and enacted a new § 10.04.230 as set out herein. The former § 10.04.230 pertained to unlawful parking; vehicles left standing for more than forty-eight hours and overnight camping in vehicles and derived from Ord. No. 4-79, 1979 and Ord. No. 93-02, 1993. PASSED AND APPROVED by a majority of the City of Moab City Council on July 9, 2019. This ordinance shall take effect immediately upon passage. SIGNED: _____________________ Emily Niehaus, Mayor ATTEST: _____________________ Sommar Johnson, Recorder