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HomeMy Public PortalAboutPKT-CC-2019-08-13AUGUST 13, 2019 JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 PM REGULAR COUNCIL MEETING 7:00 PM City Council Chambers 217 East Center Street Moab, Utah 84532 Joint City Council/Planning Commission Workshop Discussion regarding overnight accommodations Regular City Council Meeting Call to Order and Pledge of Allegiance Approval of Minutes Minutes: July 23, 2019 - Regular City Council Meeting 2019 -07 -23 mcc minutes draft.pdf Mayor and Council Reports Administrative Reports Citizens to Be Heard Presentation (10 Minutes) Solid Waste Special Service District Update Special Events Approval of a Request for Amplified Music at Old City Park on Monday, September 2, 2019 for the Moab Music Festival amplified music ocp music festival 2019.pdf amplified noise request letter signed.pdf Approval of a Request for Amplified Music at Old City Park on September 14, 2019 agenda summary amplified music ocp 09142019.pdf council letter amp music 09142019.pdf Request for Approval of Amplified Music at Old City Park on October 26, 2019 agenda summary amplified music ocp 10262019.pdf city of moab mail - request of amplify music 10262019 stevenson.pdf Old Business Resolution 38 -2019: A Resolution Adopting the Accelerated Goal of 100% Renewable Electricity by 2030 Briefing and possible action 2030renewableenergyresolution7312019.pdf agendasummaryrenewableenergy7312019.pdf Ordinance 2019 -15: An Ordinance Amending the City of Moab Municipal Code, Section 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 agendasummaryrecycling7112019.pdf solidwasteamendments7112019.pdf ordinance 2019 -15.pdf Ordinance 2019 -03: An Ordinance Creating Chapters 17.09.060 and 17.09.465 of the Moab Municipal Code Establishing Outdoor Lighting and Sign Illumination Standards Briefing and possible action 8.13.19 agenda summary outdoor lighting ordinance.pdf outdoor lighting ordinance cgm redline 8 -6 -19.pdf attachment b resolution10 -2019 outdoor lighting and sign illumination standards.pdf New Business Resolution 42 -2019: A Resolution Conditionally Approving the Moab Tramway Subdivision at 1750 North Hwy 191, as Referred to Council by the Planning Commission Briefing and possible action moab tramway minor subdivision cc agenda summary.pdf city application, compressed.final.submitted, 01.30.2019.pdf tram subdivision, revised 05.19.pdf resolution 42 -2019 moab tramway minor subdivision.pdf Resolution 43 -2019: A Resolution Conditionally Approving the HooDoo Minor Subdivision at 201 Walnut Lane, as Referred to Council by the Planning Commission Briefing and possible action hoodoo minor subdivision cc agenda summary.pdf hoo doo village minor sub application.pdf 017 -17 final plat (1).pdf resolution 43 -2019 hoodoo minor subdivision.pdf Ordinance 2019 -22: Authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights -of-way. Briefing and possible action ordinance no. 2019 -22 agenda summary sheet.pdf attachment 1 - ordinance no. 2019 -22.pdf Resolution 39 -2019: A Resolution of the Governing Body Declaring Certain City Property as Salvage Briefing and possible action resolution 39 -2019 agenda summary.pdf resolution 39 -2019 surplus property 2019.pdf Resolution 37 -2019: A Resolution Adopting an Interlocal Agreement for the Provision of Election Services by and between the City of Moab and Grand County Briefing and possible action resolution 37 -2019 agenda summary.pdf resolution 37 -2019.pdf 2019 election ila.pdf Approval of Bills Against the City of Moab Executive (Closed) Session Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 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 1.5:00 p.m. 2.7:00 p.m. 3. 4. 4.1. Documents: 5. 6. 7. 8. 8.1. 9. 9.1. Documents: 9.2. Documents: 9.3. Documents: 10. 10.1. Documents: 10.2. Documents: 10.3. Documents: 11. 11.1. Documents: 11.2. Documents: 11.3. Documents: 11.4. Documents: 11.5. Documents: 12. 13. 13.1. 14. AUGUST 13, 2019JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 PMREGULAR COUNCIL MEETING 7:00 PMCity Council Chambers 217 East Center Street Moab, Utah 84532Joint City Council/Planning Commission WorkshopDiscussion regarding overnight accommodations Regular City Council MeetingCall to Order and Pledge of AllegianceApproval of MinutesMinutes: July 23, 2019 - Regular City Council Meeting2019-07 -23 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPresentation (10 Minutes)Solid Waste Special Service District UpdateSpecial EventsApproval of a Request for Amplified Music at Old City Park on Monday, September 2, 2019 for the Moab Music Festivalamplified music ocp music festival 2019.pdfamplified noise request letter signed.pdf Approval of a Request for Amplified Music at Old City Park on September 14, 2019 agenda summary amplified music ocp 09142019.pdf council letter amp music 09142019.pdf Request for Approval of Amplified Music at Old City Park on October 26, 2019 agenda summary amplified music ocp 10262019.pdf city of moab mail - request of amplify music 10262019 stevenson.pdf Old Business Resolution 38 -2019: A Resolution Adopting the Accelerated Goal of 100% Renewable Electricity by 2030 Briefing and possible action 2030renewableenergyresolution7312019.pdf agendasummaryrenewableenergy7312019.pdf Ordinance 2019 -15: An Ordinance Amending the City of Moab Municipal Code, Section 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 agendasummaryrecycling7112019.pdf solidwasteamendments7112019.pdf ordinance 2019 -15.pdf Ordinance 2019 -03: An Ordinance Creating Chapters 17.09.060 and 17.09.465 of the Moab Municipal Code Establishing Outdoor Lighting and Sign Illumination Standards Briefing and possible action 8.13.19 agenda summary outdoor lighting ordinance.pdf outdoor lighting ordinance cgm redline 8 -6 -19.pdf attachment b resolution10 -2019 outdoor lighting and sign illumination standards.pdf New Business Resolution 42 -2019: A Resolution Conditionally Approving the Moab Tramway Subdivision at 1750 North Hwy 191, as Referred to Council by the Planning Commission Briefing and possible action moab tramway minor subdivision cc agenda summary.pdf city application, compressed.final.submitted, 01.30.2019.pdf tram subdivision, revised 05.19.pdf resolution 42 -2019 moab tramway minor subdivision.pdf Resolution 43 -2019: A Resolution Conditionally Approving the HooDoo Minor Subdivision at 201 Walnut Lane, as Referred to Council by the Planning Commission Briefing and possible action hoodoo minor subdivision cc agenda summary.pdf hoo doo village minor sub application.pdf 017 -17 final plat (1).pdf resolution 43 -2019 hoodoo minor subdivision.pdf Ordinance 2019 -22: Authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights -of-way. Briefing and possible action ordinance no. 2019 -22 agenda summary sheet.pdf attachment 1 - ordinance no. 2019 -22.pdf Resolution 39 -2019: A Resolution of the Governing Body Declaring Certain City Property as Salvage Briefing and possible action resolution 39 -2019 agenda summary.pdf resolution 39 -2019 surplus property 2019.pdf Resolution 37 -2019: A Resolution Adopting an Interlocal Agreement for the Provision of Election Services by and between the City of Moab and Grand County Briefing and possible action resolution 37 -2019 agenda summary.pdf resolution 37 -2019.pdf 2019 election ila.pdf Approval of Bills Against the City of Moab Executive (Closed) Session Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 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 1.5:00 p.m.2.7:00 p.m.3.4.4.1.Documents:5.6.7.8.8.1.9.9.1.Documents: 9.2. Documents: 9.3. Documents: 10. 10.1. Documents: 10.2. Documents: 10.3. Documents: 11. 11.1. Documents: 11.2. Documents: 11.3. Documents: 11.4. Documents: 11.5. Documents: 12. 13. 13.1. 14. AUGUST 13, 2019JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 PMREGULAR COUNCIL MEETING 7:00 PMCity Council Chambers 217 East Center Street Moab, Utah 84532Joint City Council/Planning Commission WorkshopDiscussion regarding overnight accommodations Regular City Council MeetingCall to Order and Pledge of AllegianceApproval of MinutesMinutes: July 23, 2019 - Regular City Council Meeting2019-07 -23 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPresentation (10 Minutes)Solid Waste Special Service District UpdateSpecial EventsApproval of a Request for Amplified Music at Old City Park on Monday, September 2, 2019 for the Moab Music Festivalamplified music ocp music festival 2019.pdfamplified noise request letter signed.pdfApproval of a Request for Amplified Music at Old City Park on September 14, 2019 agenda summary amplified music ocp 09142019.pdfcouncil letter amp music 09142019.pdfRequest for Approval of Amplified Music at Old City Park on October 26, 2019agenda summary amplified music ocp 10262019.pdfcity of moab mail - request of amplify music 10262019 stevenson.pdfOld BusinessResolution 38 -2019: A Resolution Adopting the Accelerated Goal of 100% Renewable Electricity by 2030Briefing and possible action2030renewableenergyresolution7312019.pdfagendasummaryrenewableenergy7312019.pdfOrdinance 2019 -15: An Ordinance Amending the City of Moab Municipal Code, Section 8.04.010 Pertaining to Definitions; Amending Definitions; Amending Section 8.04.020 Mandatory Collection; and Section 8.04.030 Rates and ChargesBriefing and possible actionagendasummaryrecycling7112019.pdfsolidwasteamendments7112019.pdfordinance 2019 -15.pdfOrdinance 2019 -03: An Ordinance Creating Chapters 17.09.060 and 17.09.465 of the Moab Municipal Code Establishing Outdoor Lighting and Sign Illumination StandardsBriefing and possible action8.13.19 agenda summary outdoor lighting ordinance.pdfoutdoor lighting ordinance cgm redline 8 -6 -19.pdfattachment b resolution10 -2019 outdoor lighting and sign illumination standards.pdfNew BusinessResolution 42 -2019: A Resolution Conditionally Approving the Moab Tramway Subdivision at 1750 North Hwy 191, as Referred to Council by the Planning CommissionBriefing and possible actionmoab tramway minor subdivision cc agenda summary.pdfcity application, compressed.final.submitted, 01.30.2019.pdftram subdivision, revised 05.19.pdf resolution 42 -2019 moab tramway minor subdivision.pdf Resolution 43 -2019: A Resolution Conditionally Approving the HooDoo Minor Subdivision at 201 Walnut Lane, as Referred to Council by the Planning Commission Briefing and possible action hoodoo minor subdivision cc agenda summary.pdf hoo doo village minor sub application.pdf 017 -17 final plat (1).pdf resolution 43 -2019 hoodoo minor subdivision.pdf Ordinance 2019 -22: Authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights -of-way. Briefing and possible action ordinance no. 2019 -22 agenda summary sheet.pdf attachment 1 - ordinance no. 2019 -22.pdf Resolution 39 -2019: A Resolution of the Governing Body Declaring Certain City Property as Salvage Briefing and possible action resolution 39 -2019 agenda summary.pdf resolution 39 -2019 surplus property 2019.pdf Resolution 37 -2019: A Resolution Adopting an Interlocal Agreement for the Provision of Election Services by and between the City of Moab and Grand County Briefing and possible action resolution 37 -2019 agenda summary.pdf resolution 37 -2019.pdf 2019 election ila.pdf Approval of Bills Against the City of Moab Executive (Closed) Session Discussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals 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 1.5:00 p.m.2.7:00 p.m.3.4.4.1.Documents:5.6.7.8.8.1.9.9.1.Documents:9.2.Documents:9.3.Documents:10.10.1.Documents:10.2.Documents:10.3.Documents:11.11.1.Documents: 11.2. Documents: 11.3. Documents: 11.4. Documents: 11.5. Documents: 12. 13. 13.1. 14. AUGUST 13, 2019JOINT PLANNING COMMISSION -CITY COUNCIL WORKSHOP 5:00 PMREGULAR COUNCIL MEETING 7:00 PMCity Council Chambers 217 East Center Street Moab, Utah 84532Joint City Council/Planning Commission WorkshopDiscussion regarding overnight accommodations Regular City Council MeetingCall to Order and Pledge of AllegianceApproval of MinutesMinutes: July 23, 2019 - Regular City Council Meeting2019-07 -23 mcc minutes draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be HeardPresentation (10 Minutes)Solid Waste Special Service District UpdateSpecial EventsApproval of a Request for Amplified Music at Old City Park on Monday, September 2, 2019 for the Moab Music Festivalamplified music ocp music festival 2019.pdfamplified noise request letter signed.pdfApproval of a Request for Amplified Music at Old City Park on September 14, 2019 agenda summary amplified music ocp 09142019.pdfcouncil letter amp music 09142019.pdfRequest for Approval of Amplified Music at Old City Park on October 26, 2019agenda summary amplified music ocp 10262019.pdfcity of moab mail - request of amplify music 10262019 stevenson.pdfOld BusinessResolution 38 -2019: A Resolution Adopting the Accelerated Goal of 100% Renewable Electricity by 2030Briefing and possible action2030renewableenergyresolution7312019.pdfagendasummaryrenewableenergy7312019.pdfOrdinance 2019 -15: An Ordinance Amending the City of Moab Municipal Code, Section 8.04.010 Pertaining to Definitions; Amending Definitions; Amending Section 8.04.020 Mandatory Collection; and Section 8.04.030 Rates and ChargesBriefing and possible actionagendasummaryrecycling7112019.pdfsolidwasteamendments7112019.pdfordinance 2019 -15.pdfOrdinance 2019 -03: An Ordinance Creating Chapters 17.09.060 and 17.09.465 of the Moab Municipal Code Establishing Outdoor Lighting and Sign Illumination StandardsBriefing and possible action8.13.19 agenda summary outdoor lighting ordinance.pdfoutdoor lighting ordinance cgm redline 8 -6 -19.pdfattachment b resolution10 -2019 outdoor lighting and sign illumination standards.pdfNew BusinessResolution 42 -2019: A Resolution Conditionally Approving the Moab Tramway Subdivision at 1750 North Hwy 191, as Referred to Council by the Planning CommissionBriefing and possible actionmoab tramway minor subdivision cc agenda summary.pdfcity application, compressed.final.submitted, 01.30.2019.pdftram subdivision, revised 05.19.pdfresolution 42 -2019 moab tramway minor subdivision.pdfResolution 43 -2019: A Resolution Conditionally Approving the HooDoo Minor Subdivision at 201 Walnut Lane, as Referred to Council by the Planning CommissionBriefing and possible actionhoodoo minor subdivision cc agenda summary.pdfhoo doo village minor sub application.pdf017-17 final plat (1).pdfresolution 43 -2019 hoodoo minor subdivision.pdfOrdinance 2019 -22: Authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights -of-way.Briefing and possible actionordinance no. 2019 -22 agenda summary sheet.pdfattachment 1 - ordinance no. 2019 -22.pdfResolution 39 -2019: A Resolution of the Governing Body Declaring Certain City Property as SalvageBriefing and possible actionresolution 39 -2019 agenda summary.pdfresolution 39 -2019 surplus property 2019.pdfResolution 37 -2019: A Resolution Adopting an Interlocal Agreement for the Provision of Election Services by and between the City of Moab and Grand CountyBriefing and possible actionresolution 37 -2019 agenda summary.pdfresolution 37 -2019.pdf2019 election ila.pdfApproval of Bills Against the City of MoabExecutive (Closed) SessionDiscussion of the Character, Professional Competence, or Physical or Mental Health of an Individual or IndividualsAdjournmentSpecial 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.org1.5:00 p.m.2.7:00 p.m.3.4.4.1.Documents:5.6.7.8.8.1.9.9.1.Documents:9.2.Documents:9.3.Documents:10.10.1.Documents:10.2.Documents:10.3.Documents:11.11.1.Documents:11.2.Documents:11.3.Documents:11.4.Documents:11.5.Documents:12.13.13.1.14. Page 1 of 4 – July 23, 2019 MOAB CITY COUNCIL MINUTES--DRAFT REGULAR CITY COUNCIL MEETING JULY 23, 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. Executive (Closed) Session: At 6:01 PM, Mayor Pro-Tem Tawny Knuteson-Boyd called the meeting to order. In attendance were Councilmembers Knuteson-Boyd, Kalen Jones, Karen Guzman-Newton, Mike Duncan and Rani Derasary. Councilmember Jones moved to enter an Executive Session to discuss the Purchase, Exchange, or Lease of Real Property. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Duncan, Knuteson-Boyd, Guzman-Newton and Derasary voting aye. Councilmember Guzman-Newton moved to end the Executive Session. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman- Newton voting aye. Mayor Pro-Tem Knuteson-Boyd ended the Executive Session at 6:59 PM. Regular Meeting—Call to Order and Attendance: Mayor Pro-Tem Knuteson-Boyd called the regular meeting to order at 7:05 PM and led the Pledge of Allegiance. Staff in attendance included City Manager Joel Linares, Recorder Sommar Johnson, City Attorney Chris McAnany, Finance Director Rachel Stenta, City Engineer Chuck Williams, Planner Nora Shepard, Sustainability Director Rosemarie Russo and Records Specialist Eve Tallman. Twenty-four 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: https://www.youtube.com/watch?v=8PSgbVMU8UQ. Approval of Minutes: Councilmember Derasary moved to approve minutes of the July 9, 2019 meeting with corrections. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Council Reports: Councilmember Jones reported on a meeting of the zero-waste coalition and noted he attended a meeting of the legislature’s taxation reform task force meeting held in Moab. He also mentioned a meeting he attended regarding visitor management in Arches National Park. Councilmember Guzman-Newton reported on a meeting she attended with City Manager Linares regarding efforts to improve Moab’s childcare situation. Councilmember Duncan mentioned the local Vulnerability, Consequences, and Adaptation Planning Scenarios (VCAPS) workshop he attended and also referred to his review of the Hydrologic Systems Analysis (HSA) report by Ken Kolm. He stated he also attended the tax reform session. Councilmember Derasary reported on meetings and progress of the Housing Task Force, the local Land Trust, the Emergency Medical Services Special Service District and the Uranium Mill Tailings Remedial Action (UMTRA) board, and also noted a program she attended regarding the history of great floods of the Colorado River as well as the tax reform meeting. She raised a question regarding planned residential development of the School and Institutional Trust Lands Administration (SITLA) parcel adjacent to the planned Utah State University (USU) campus. Councilmember Knuteson-Boyd reported on a meeting of the housing authority as well as the museum board. She stated she also attended the tax reform meeting and noted the upcoming ice cream social at the museum and the Veteran’s charity ride. Page 2 of 4 – July 23, 2019 Administrative Reports: City Manager Linares reported on the tax reform meeting and thanked citizens for participation. He noted Park City mayor Andy Beerman also attended and spoke on behalf of resort communities. Citizens To Be Heard: John McQueen spoke regarding fire danger posed by weeds and cheatgrass. He suggested there may be a better way to mitigate weed hazards than basing enforcement on neighbor complaints through a lengthy process. He offered that the City could take action and bill the offending landowner. Sara Melnicoff stated she is very concerned about recycling. She noted the definitions had changed in the proposed ordinance. She mentioned the greenhouse gases related to transporting recycling to Denver and said she was confused by what changes were being voted on by Council and related ramifications. She stated the Recycling Center has been in operation since 1991. Barbara Hicks encouraged Council to vote yes on the Overnight Accommodations changes. She said the County has paved the road and noted she felt relieved with the ordinance the County passed. She encouraged Council to be bold and courageous as well. Robert Hines spoke about private property rights and stated he felt pigeonholed. He said the County Planning Commission told him he was not allowed to build long-term rentals and that he was told he could build nightly rentals. He urged Council to not do what the County did and added bad business decisions couldn’t be legislated. He said affordable housing is a myth and explained it is too expensive to build apartments in the local economy. Kevin Walker encouraged Council to vote yes on the Overnight Accommodations ordinance. He said the public comment was overwhelming that growth is happening too fast in Moab. He stated his interest in making Moab more livable for all of us and he urged Council to vote yes. Old Business:(:30 on audio recording) Vacation of A Portion of Emma Boulevard—Approved Councilmembers Knuteson-Boyd and Guzman-Newton were recused and left the chambers. Discussion: Councilmember Jones led the discussion and conducted the legislation. City Engineer Williams made a brief presentation on the history and changes regarding the matter. He said the revisions were based on public comments and staff and council recommendations. He covered the shared-use path, the proposed High-Intensity Activated crossWalK (HAWK) beacon to be funded and installed by the Utah Department of Transportation (UDOT), a future one-lane road and potential leased dispersed parking at area churches funded by the UDOT HotSpot funding. Councilmember Derasary stated that many of the details were discussed in executive session yet she wanted citizens to know that the status quo was no longer an option. She reiterated that Emma Boulevard is not a through-road that could impact the neighborhood. She spoke in favor of redeveloping the area with vegetation and shade. Motion and Vote: Councilmember Duncan moved to approve Ordinance 2019-21 approving a vacation of a portion of Emma Boulevard by the City in exchange for a portion of the UTEX Subdivision, Plat B, Lot 14, T25S, R21E, SLBM as submitted with the following addition: if the City were ever to proceed with the idea of constructing a one-way southbound road, that idea would have to return to Council for approval. The Ordinance text Part E final sentence of that paragraph shall be amended to state that landscaping shall be installed as funding permits and not need to wait for installation of the one-way road. Councilmember Derasary seconded the motion. The motion carried 3-0 aye, with Councilmembers Derasary, Jones and Duncan voting aye. Councilmembers Knuteson-Boyd and Guzman-Newton returned to the chambers. Page 3 of 4 – July 23, 2019 Removing Overnight Accommodations as a Permitted Use—Approved Discussion: Planner Shepard highlighted proposed changes to the ordinance. She reminded Council of the process including a public hearing and a positive Planning Commission recommendation. She brought up the proposed October 31 target date for new regulations to be enacted and recommended a joint Planning Commission and City Council work session. Councilmember Derasary requested a clean version of the ordinance. Discussion surrounding the target date followed. Councilmember Derasary brought up references to multi-household dwellings and recommended taking it out or including all types of dwellings by name. Councilmember Jones concurred. More discussion followed regarding the definition of unit. Councilmember Jones brought up the map boundaries and suggested modifications. City Attorney McAnany noted that if an existing property has been missed the owner could petition to be added as a text amendment at a later date. Motion and Vote: Councilmember Jones moved to approve 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; and Amending Sections 17.06 Definitions, 17.20, 17.21, 17.24, 17.27, 17.31, and 17.32, amended as follows: in section 6 strike the phrase “and with a target date of October 31, 2019”, and add at the end of the last sentence “water-carrying capacity, existing infrastructure capacity, contribution to cumulative traffic, connectivity/contribution to non-motorized/micro vehicle transportation network, height and viewshed. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Councilmember Derasary mentioned her concern that citizens have inculpated Councilmembers regarding limiting private property rights and she noted the Council sought advice from the State property rights ombudsman before taking action. Solid Waste Updates—Tabled Discussion: Sustainability Director Russo briefed Council on the proposed ordinance. Councilmember Duncan brought up citizen concerns regarding locking out the recycle center from the recycle market. Russo explained the contract in place is a franchise agreement. City Attorney McAnany noted the importance of having code mesh with the contract. City Manager Linares announced he needed to review recently-received documents from a complainant. Motion and Vote: Councilmember Derasary moved to table 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. Councilmember Guzman-Newton seconded the motion. The motion to table passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Idling Ordinance—Approved Discussion: Sustainability Director Russo briefed Council on proposed changes to the ordinance. Councilmember Guzman-Newton voiced concern about the addition of pets in cars in the list of exemptions. It was suggested that animal control staff review the proposed ordinance. Councilmember Duncan stated he felt the two-minute limit was excessive and overly authoritative. Councilmember Knuteson-Boyd mentioned the difficulty of enforcement. Dr. Russo explained it was common to issue warnings rather than citations and that an educational effort was indicated. It was noted that ground-level ozone is a hazard. Signs at both ends of town discouraging idling were discussed. Councilmember Guzman-Newton brought up the prominence of idling issues in Salt Lake City. Councilmember Derasary stated her support for the ordinance and noted both Logan and Salt Lake City had passed idling ordinances. She indicated that asthma is exacerbated by idling vehicles. Councilmember Jones agreed with Councilmember Duncan that a two-minute limit seems excessive and recommended lowering the limit to twenty minutes to account for semi-truck problems. Councilmember Guzman- Page 4 of 4 – July 23, 2019 Newton brought up the three million visitors, many of whom visit from idle-free communities. Motion and Vote: Councilmember Guzman-Newton moved to approve Ordinance 2019-17, An ordinance amending the City of Moab Municipal Code, Sections 10.04.230, Unlawful parking, idling or camping, 8B and 8C. Councilmember Derasary seconded the motion. The motion failed 2-3 aye with Councilmembers Derasary and Guzman-Newton voting aye and Councilmembers Knuteson-Boyd, Duncan and Jones voting nay. Councilmember Duncan moved to approve Ordinance 2019-17 with a twenty (20) minute limit on idling vehicles. Councilmember Jones seconded the motion. The motion carried 3-2 aye, with Councilmembers Jones, Knuteson-Boyd and Duncan voting aye and Councilmembers Guzman-Newton and Derasary voting nay. Bills Against the City of Moab—Tabled Motion and Vote: Councilmember Jones moved to table approval of bills. Councilmember Derasary seconded the motion. The motion to table 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 Pro-Tem Knuteson-Boyd adjourned the meeting at 8:38 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: August 13, 2019 #: Click here to enter text. Title: Approval of a Request for Amplified Music at Old City Park on Monday, September 2, 2019 for the Moab Music Festival. Date Submitted: March 6, 2019 Staff Presenter: Carmella Galley Attachment(s): Request Letter Options: Approve, deny, or modify. Recommended Motion: "I move to approve the request for amplified music at Old City Park for the Moab Music Festival on September 2, 2019. " Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. The Moab Music Festival has paid all fees and is aware that the Park Rules state any amplified music must be curtailed by 9:00 pm. Staff Recommendation: City Staff recommends approval of the request. Approval is subject to compliance with all Park Policies, which provides that approved sound amplification shall not extend beyond 9:00 pm. rel MOAB MUSIC FESTIVALT. music in concert with the landscape March 6, 2019 Moab City Council 217 East Center Moab, UT 84532 Dear City Council Members, The Moab Music Festival respectfully requests an approval for amplified music for our reservation at Old City Park on Monday, September 2, 2019 for the Moab Music Festival's Rocky Mountain Power Family Concert. We make this request in order to offer a free amplified music concert to the general public as part of the Festival's Education and Community Outreach Program. The concert will take place at 2:00 p.m. for approximately two hours. We appreciate your consideration of our request and are happy to answer any questions that you may have. Sincerely, Erin Groves Festival Coordinator Michael Barrett, Music Director • Leslie Tomkins, Artistic Director 58 East 300 South • Moab, Utah 84532 • moabmusicfest.org • 435.259.7003 Moab City Council Agenda Item Meeting Date: August 13, 2019 #: Click here to enter text. Title: Approval of a Request for Amplified Music at Old City Park on September 14, 2019 Date Submitted: July 18, 2019 Staff Presenter: Carmella Galley Attachment(s): Request Letter Options: Approve, deny, or modify. Recommended Motion: "I move to approve the request for amplified music at Old City Park for a marriage celebration on September 14, 2019." Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Jon Olschewski is requesting amplified music for his marriage celebration. Park Rules state any amplified music must be curtailed by 9:00 pm. Staff Recommendation: City Staff recommends approval of the request. Approval is subject to compliance with all Park Policies, which provides that approved sound amplification shall not extend beyond 9:00 pm. Thursday July 18, 2019 Mayor and Moab City Council 217 E. Center St. Moab, Utah 84532 RE: Old City Park Dear Mayor and Council, I would like to request the use of the Old City Park for an amplified music event. The event is a small gathering with food and music celebrating our recent marriage. The date and time of this event will be Saturday Sep. 14th, 12 P.M. 5 P.M. until 10 P.M. Although music will only be during the hours of 6:30-9 P.M. Thank you for considering these requests. Sincerely Jon Olschewski 293 Park Lane Moab, Utah 84532 435-258-6086 Moab City Council Agenda Item Meeting Date: August 13, 2019 #: Click here to enter text. Title: Approval of a Request for Amplified Music at Old City Park on October 26, 2019 Date Submitted: July 17, 2019 Staff Presenter: Carmella Galley Attachment(s): Request Email Options: Approve, deny, or modify. Recommended Motion: "I move to approve the request for amplified music at Old City Park for a wedding on October 26, 2019." Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Miranda Stevenson is requesting amplified music for her wedding. Park Rules state any amplified music must be curtailed by 9:00 pm. Staff Recommendation: City Staff recommends approval of the request. Approval is subject to compliance with all Park Policies, which provides that approved sound amplification shall not extend beyond 9:00 pm. Carmella Galley <carmella@moabcity.org> Request of amplify music Mini Me <minime201399@gmail.com>Tue, Jul 16, 2019 at 3:03 PM To: carmella@moabcity.org Hi my name is Miranda Stevenson my wedding in in October 26 , 2019 at the old swanny park I have the park reserved all day. I would love to have music played :) please let me know soon. It will be a Dj playing it so it won’t be to loud it upsetting just a calm wedding. I have clarified with the applicant that it is actually Old City Park, not Swanny. All fees are paid. Carmella Galley 1 CITY OF MOAB RESOLUTION NO. XX-2019 A RESOLUTION ADOPTING THE ACCELARATED GOAL OF 100% RENEWABLE ELECTRICITY BY 2030 WHEREAS, Moab municipal government is responsible to promote the public health and safety of its residents, including access to clean air, clean water and a livable environment; and WHEREAS, the Utah Legislature adopted the Community Renewable Energy Act, Utah Code 6654-17-901 to -909 (the "Act") to enable development of community renewable energy programs; WHEREAS, the Act requires a municipality to adopt a resolution no later than December 31, 2019 that states a goal of achieving an amount equivalent to 100% of the annual electric energy supply for participating customers from renewable energy resources by 2030; WHEREAS, energy resources we utilize as a municipal government and community significantly impact public health and safety, including the economic and social well-being of current and future residents; and WHEREAS, the transition to a low-carbon community reliant on the efficient use of renewable energy resources and electrified transportation will provide a range of benefits including improved air quality, enhanced public health, increased national and energy security, local green jobs, reduced reliance on finite resources and myriad other positive outcomes; and WHEREAS, is committed to helping facilitate this transition alongside other national and international communities that have prioritized addressing climate change by investing in clean energy to enhance the well-being of current and future generations. NOW, THEREFORE, BE IT RESOLVED by the Moab City Council and Mayor as follows: 1. Renewable Energy Goals: 100% Renewable Electricity by 2030. Moab hereby commits to a community goal of achieving an amount equivalent to 100% of the annual electric energy supply for participating customers from renewable energy resources by 2030. 2. Effective Date and Duration. This resolution shall take effect immediately upon passage by the City Council, regardless of the date of publication. PASSED AND APPROVED by a majority of the City Council, this 13 day of August, 2019. 2 By: __________________________ _________________ Emily S. Niehaus, Mayor Date Attest: By: ___________________________ ________________ Sommar Johnson, Recorder Date Moab City Council Agenda Item Meeting Date: August 13, 2019 Title: A RESOLUTION ADOPTING THE ACCELARATED GOAL OF 100% RENEWABLE ELECTRICITY BY 2030 Disposition: Discussion and adoption Staff Presenter: Rosemarie Russo Attachment(s): - Attachment 1: Proposed Resolution XX-2019 Recommended Motion: I move to adopt Resolution XX- 2019 adopting the accelerated 100% renewable electricity goal by 2030. Background/Summary: The City has been collaborating with Rocky Mountain Power, Park City and Salt Lake City regarding a pathway to achieve a “net-100% renewable electricity supply for the entire community. Our recent participation in the Solar Energy Innovation Network over 18 months has centered on modeling cost effective strategies based on valuable feedback from leading scientists, engineers and sustainability directors and working with state representatives to pass enabling legislation. In March 2019, the Utah Legislature passed the Community Renewable Energy Act, Utah Code ⸹⸹54-17-901 to -909 (the “Act”), and Governor Herbert has signed this legislation into law. The Act enables a future filing at the Utah Public Service Commission (the commission) that establishes rules and rates for a community renewable energy program. The Act also requires that communities desiring to participate adopt a resolution prior to December 31, 2019 that establishes a goal of being powered by net-100% renewable electricity on an annual basis by 2030. This requirement was put in place to ensure that communities desiring to transition to a net-100% renewable electricity portfolio all have a similar goal so that a single portfolio can be created and administered for all participants in Utah. Rocky Mountain Power would be the facilitator of the program for participating communities in their service territory. Some key category areas within the legislation are listed below: • Program participation requirements for a municipality or county • Authority and requirements of the Utah Public Service Commission • Isolation of financial impacts to participating communities and customers • Customer participation and minimum noticing requirements, including customer opt-out ability • Customer billing and rate considerations • Competitive solicitation expectations for procurement of renewable energy resources; and a passage of a second resolution to agree to proposed rates. Utah House Bill 411 of 2019. Community Renewable Energy Act. https://le.utah.gov/~2019/bills/static/HB0411.html 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. 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)   1    CITY OF MOAB 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 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. 8.04.100 Pre-enforcement notice. 8.04.110 Abatement. 8.04.120 Collection. 8.04.130 Criminal enforcement. 8.04.140 Successive violations.   2    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, 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.   3    “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   4    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; 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;   5    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   6    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)   7    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.   8    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)   9    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. SIGNED: Emily S. Niehaus, Mayor Date   10    ATTEST: Sommar Johnson, Recorder Moab City Council Agenda Item Meeting Date: August 13, 2019 Title: Ordinance 2019-03: AN ORDINANCE CREATING CHAPTERS 17.09.060 AND 17.09.465 OF THE MOAB MUNICIPAL CODE ESTABLISHING OUTDOOR LIGHTING AND SIGN ILLUMINATION STANDARDS Disposition: Discussion and possible action Staff Presenter: Nora Shepard, AICP, Planning Director Chris McAnany, City Attorney Attachment(s): Attachment A: Proposed Ordinance (as amended by Chris McAnany 8.7.2019) Attachment B: Planning Commission Resolution #10-2019 Recommended Motion: I move to adopt Ordinance 2019-03 Amending the Moab Municipal Code to add Chapters 17.09.060.060 and 17.09.465 establishing outdoor lighting and sign illumination standards Background/Summary: The Planning Commission adopted resolution 10-2019: A Resolution Recommending To City Council Approval Of Ordinance 2019-03 Creating Chapters 17.09.060 And 17.09.465 Of The Moab Municipal Code Establishing Outdoor Lighting And Sign Illumination Standards. The resolution is Attachment A. The Draft Ordinance is Attachment B. Grand County adopted a similar ordinance meaning that the region will have similar regulations. When the County adopted the ordinance, they eliminated paragraph C (government audits of all outdoor lighting) of 17.09.069 Outdoor Lighting - Amortization of Nonconforming Outdoor Lighting. The section was eliminated at the request of the County Attorney. In the attached draft, that section has been highlighted. The County also simplified the language for paragraphs A and B of 17.09.069 as follows: “6.6.10 Amortization of Nonconforming Outdoor Lighting A. The County shall require the termination of use of any and all nonconforming outdoor lighting fixtures, structures, lamps, bulbs or other devices that emit or generate light which are not otherwise exempted by this section, pursuant to the amortization schedule contained in subsection B of this section. B. All outdoor lighting legally existing and installed prior to the effective date of this section, and which is not otherwise exempted, shall be considered nonconforming and shall be brought into compliance by the property owner as follows: 1. Immediately as a condition for approval upon application for a building permit, sign permit, conditional use permit, new (nonrenewal) business license, site plan review or similar County permit or review. 2. Immediately in the case of damaged or inoperative nonconforming lighting upon replacement or repair. 3. Within five years from the effective date of this section for all other outdoor lighting.” The draft attached is what was recommended by the Planning Commission, with some additional language added by the City Attorney, Chris McAnany, to ensure consistency throughout the Code. Items for Discussion: The City Staff is asking for direction on 17.09.069. 1 CITY OF MOAB ORDINANCE #2019-____ AN ORDINANCE ENACTING SECTIONS 17.09.060-17.09.069 AND SECTION 17.09.465 OF THE MOAB MUNICIPAL CODE ESTABLISHING OUTDOOR LIGHTING AND SIGN ILLUMINATION STANDARDS AND REPEALING INCONSISTENT LIGHTING PROVISIONS The following describes the intent and purpose of this ordinance: a. The City desires to encourage outdoor lighting practices that will minimize light pollution, glare, light trespass, and sky glow to curtail the degradation of the night-time visual environment. b. Lighting practices that promote energy conservation are to be encouraged. c. Revisions to existing ordinances are necessary to improve night-time safety and security. d. Lighting practices are an important component for developing an attractive nighttime appearance in the City. e. It is in the best interests of the City that it establish lighting standards, requirements, and processes that are substantially consistent throughout the Moab Municipal Code and substantially with those established by Grand County. e.f. The City finds that this ordinance is necessary, appropriate, and consistent with public health, safety, and welfare. NOW, THEREFORE, the Moab City Council amends the Code by adding inserting the new language and making the following amendments/deletions as shown the language in Attachment 1. PASSED AND APPROVED by a majority of the City of Moab City Council on August 13, 2019. This ordinance shall take effect on October 1, 2019.immediately upon passage. SIGNED: ___________________________ _____________ Emily S. Niehaus, Mayor Date ATTEST: ___________________________ Sommar Johnson, Recorder 2 ATTACHMENT 1: New Language for ChaptersSections 17.09.060 through 069 and Section 17.09.465 17.09.060 Outdoor Lighting - Scope and Applicability A. All lighting should be purpose driven. B. All outdoor lighting installed after October 1, 2019 the effective date of this section in all zoning districts within the City shall conform to the requirements established by this sSections 060 through 069 of this Chapter 17.09, as well as Section 465 of this Chapter. This sectionordinance does not apply to indoor lighting. C. All existing outdoor lighting that does not meet the requirements of this cChapter and is not otherwise exempted by this chapter shall be considered a nonconforming use or part of a nonconforming structure subject to an amortization schedule outlined in Chapter 17.09.069. D. In the event of any conflict between the provisions of this ordinance and any other provision of the Moab Municipal Code this ordinance shall control. 17.09.062 Outdoor Lighting - Definitions A. For the purpose of this section Sections 060 through 069 and Section 465 of this Chapter, certain words, phrases and terms shall have the meaning assigned to them by this section.the following definitions apply: “Accent or Architectural Lighting” means lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration, ornamentation, creation of visual hierarchy, sense of liveliness, or other purpose unrelated to safety, business operation, or essential lighting function. “Backlight” means all the light emanating behind a luminaire. “B.U.G. Rating” means backlight, up-light, and glare rating, which exists on a scale of zero to five (0 to 5) and describes the light output of a luminaire. Image by City of Ft. Collins, Colorado and used here with permission. 3 “Correlated Color Temperature” (CCT) is a specification of the color appearance of the light emitted by a lamp, relating its color to the color of light from a reference source when heated to a particular temperature, measured in degrees Kelvin (K). The CCT rating for a lamp is a general "warmth" or "coolness" measure of its appearance. Lamps with a CCT rating below 3,000 K are usually considered "warm" sources, while those with a CCT above 3,000 K are usually considered "cool" in appearance. “Direct Illumination” means illumination resulting from light emitted directly from a bulb, luminary, or reflector. This does not include light reflected from other surfaces such as the ground or building faces. “Floodlight” means a fixture or bulb designed to "flood" an area with light. A specific form of bulb or fixture designed to direct its output in a specific direction. Such bulbs are often designated by the manufacturer and are commonly used in residential outdoor lighting. “Fully Shielded Fixture” means an outdoor light fixture constructed and mounted so that the installed fixture emits no light above the horizontal plane. Where a light manufacturer provides a BUG rating, the uplight rating (U) must equal zero (0). Fully shielded light fixtures must be shielded in and of themselves. Surrounding structures, like canopies, are not to be considered when determining if the fixture is fully shielded. Fully shielded fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal and all light is directed downward. Examples of fully shielded light fixtures. “Glare” means the visual sensation caused by excessive brightness and which causes annoyance, discomfort, or a disability loss in visual performance or visibility. “Internally Illuminated” as it relates to signs, means any sign which has a light source entirely enclosed within the sign and not directly visible to the eye. “Light Pollution” means any adverse effect of manmade light. Often used to denote "sk y glow" from developed areas, but also includes glare, light trespass, visual clutter and other adverse effects of lighting. “Light Source” means the part of a lighting fixture that produces light, e.g. the bulb, lamp, or chips on board. “Light Trespass” means any light that falls beyond the legal boundaries of the property it is intended to illuminate. 4 “Lumen” means a unit of luminous flux equal to the light emitted by a uniform point source of one candle intensity. Lumens refers to the amount of light emitted by a bulb (more lumens equates to brighter light). Common Relationships between bulb types, wattages and lumen levels Brightness in Lumens 220+ 400+ 700+ 900+ 1300+ Standard 25W 40W 60W 75W 100W Halogen 18W 28W 42W 53W 70W CFL 6W 9W 12W 15W 20W LED 4W 6W 10W 13W 18W “Manufacturer's Catalog Cuts” means a publication or other printed material of a bulb or lighting manufacturer offering visual and technical information about a lighting fixture or bulb. “Net Acre” means a gross acre excluding: public rights-of-way, lands with natural slopes greater than 30 percent, jurisdictional wetlands, lands in the 100 year floodplain, public drinking water supply water sources (recharge areas for the aquifer in the Glen Canyon Formation), lands affected by immitigable geo-hazards, riparian habitats, archeological sites, and required open space. “Outdoor Light Fixture” means a complete lighting unit consisting of a lamp(s) and ballast(s) (when applicable), together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Also known as a luminaire, or simply as a fixture. “Partially Shielded Light Fixture” means an outdoor light fixture constructed and mounted so that the installed fixture emits most of its light above the horizontal plane. Where a light manufacturer provides a BUG rating, the uplight (U) and backlight (B) ratings are greater than zero (0). Light emitted at or above the horizontal plane (sideways or upwards) shall arise solely from incidental decorative elements or strongly colored or diffusing materials such as colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded if the lamps are aimed no higher than 45 degrees abo ve the vertical plane beneath the fixture. Examples of partially shielded lighting fixtures “Recreational Lighting” means lighting used to illuminate sports fields, ball courts, playgrounds, or similar outdoor recreational facilities. 5 “Skyglow” means the brightening of the nighttime sky resulting from the scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one’s ability to view the nighttime sky. “Spotlight” means a fixture or bulb designed to light a small area very brightly. See definition of Floodlight. "Total" means the sum of shielded and unshielded light. "Total outdoor light output" means the total amount of light measured in lumens from all bulbs installed in outdoor lighting fixtures. For bulb types that vary in light output as they age (such as fluorescent and high intensity discharge (HID) bulbs), the initial lumen output as defined by the manufacturer shall be the lumen value used. “Tower” means any monopole, antenna, or the like that exceeds eighteen feet (18') in height. “Unshielded Fixture” means a fixture that has no shielding at all that would otherwise specifically prevent light emission above the horizontal. Examples of unshielded light fixtures. “Uplight” means all the light emanating above the horizontal plane of a luminaire. 17.09.063 Outdoor Lighting - Fully Shielded Fixture Requirements A. Unless specifically exempted by this section, all outdoor lighting shall use fully shielded fixtures and shall be installed so light is directed downward with no light emitted above the horizontal plane of the fixture. Where a light manufacturer provides a BUG rating, the uplight rating (U) must equal zero (0). B. In order to qualify as a "fully shielded" fixture, a light fixture must have the top and sides made of completely opaque material such that light only escapes through the bottom of the fixture. Fixtures with translucent or transparent sides, or sides with perforations or slits, do not qualify as fully shielded. Any glass or diffuser on the bottom of the fixture must be flush with the fixture (no drop lenses). Merely placing a light fixture under an eave, canopy, patio cover, or other similar cover does not qualify as fully shielded. 6 C. Fixtures must not be placed at a location, angle, or height that directs illumination outside the property boundaries where the light fixtures are located. D. Notwithstanding the exemptions in subsection E below, all residential and commercial luminaires shall be fully shielded when installed within twenty-five (25) feet of adjacent residential property lines. E. Exemptions to Fully Shielded Fixture Requir ements: 1. All lights exempted by this section shall be included in the calculation forof total light output. 2. Fixtures having a total light output less than one thousand (1,000) lumens are exempted from the fully shielded requirement provided the following criteria are met: a. The fixture has a top that is completely opaque such that no light is directed upwards. b. The fixture has sides that completely cover the light source and are made of opaque or semi-opaque material. Fixtures with opaque sides may have incidental decorative perforations that emit small amounts of light. Semi-opaque material such as dark tinted glass or translucent plastic may be used if the light source is not discernable behind the material. Completely transparent materials, such as clear or lightly tinted colored glass, are not allowed. c. The light source must not be visible from any point outside the property on which the fixture is located. 3. Spotlights controlled by motion sensors having a light output less than one thousand (1,000) lumens per lamp are exempted from the fully shielded requirement provided: a. The fixture is a spotlight or other type of directed light that shall be directed straight down; and b. The fixture must not be placed in such a manner that results in illumination being directed outside the property boundaries where the light fixtures are located. c. Lights controlled by motion sensors shall not be triggered by movement or activity located off the property on which the light is located. 4. Pathway lights less than eighteen inches (18") in height are exempted from the fully shielded fixture requirement, if the total light output from each pathway light is less than three hundred (300) lumens. 5. Temporary exterior lighting intended as holiday or seasonal decorations displayed between November 15 and the following January 15, provided that individual lamps do not exceed 70 lumens and neither cause light trespass nor interfere with the reasonable use and enjoyment of any other property. 6. Traffic control signals and traffic safety devices. 7. Temporary emergency lighting in use by law enforcement or government agencies or at their direction. 8. The lighting of federal or state flags, provided that the light is a top -down and narrow beam aimed and shielded to illuminate only the flag. 9. An applicant requesting approval for lighting that does not conform to these standards shall follow the procedures and findings requirements set forth in Chapter 17.72 – Administration and Enforcement. 17.09.064 Outdoor Lighting - Total Light Output A. Commercial. Total outdoor light output shall not exceed fifty thousand (50,000) lumens per developed acre. Streetlights used for illumination of public rights-of-way are excluded from this 7 calculation. Commercial developments shall be permitted a minimum of 5,000 lumens of lighting regardless of parcel size. 1. In non-residential zoninge districts, partially and unshielded lighting on a property shall not exceed 5,000 lumens per developed acre, and shall be included in the total outdoor light output calculation B. Residential. Total outdoor light output shall not exceed ten thousand (10,000) lumens of lighting for parcels one-half (acre), or larger, in size. Parcels smaller than one-half (1/2) acre shall be permitted five thousand (5,000) lumens of lighting regardless of parcel size. Total outdoor light output of any apartment development shall not exceed twenty thousand (20,000) lumens of lighting per net acre. 1. In residential zones, partially and unshielded lighting on a property shall not exceed 1,000 lumens per lot, and shall be included in the total outdoor light output calculation. 2. Residential units used for overnight accommodations or other commercial uses shall comply with the residential standards for total light output. 17.09.065 Outdoor Lighting - Lighting Hours A. Commercial establishments shall turn off all outdoor lighting, except that listed below, by ten o'clock (10:00) P.M.: a1. Businesses open to the public after ten o'clock (10:00) P.M. may leave all outdoor lighting on until one hour after the close of business. b2. Lighting to illuminate the entrance to the commercial establishment. c3. Parking lot and pathway lighting required for the safety of guests or customers. B. Recreational lighting (residential and commercial) shall be turned off by ten o'clock (10:00) P.M. except to conclude a specific sporting event that is underway. 17.09.066 Outdoor Lighting - Lighting Color All exterior lighting shall utilize light sources with correlated color temperature not to exceed 3,000 Kelvin (K). Image by City of Ft. Collins, Colorado and used here with permission. 17.09.067 Outdoor Lighting - Specialized Outdoor Lighting Conditions and Standards A. Gas station canopies may be illuminated, provided that all light fixtures are mounted on the undersurface of the canopy and all light fixtures are fully shielded. Merely placing the fixtures on the underside of the canopy does not qualify as fully shielding the light fixture. 8 B. Roadway and street lights are prohibited unless recommended by the City engineer or required by UDOT to provide for the safety of the public. When deemed necessary, streetlights shall utilize lamp types that are fully shielded luminaires that minimize sky glow, light trespass, and other unintended impacts of artificial lighting. All streetlights shall utilize the lowest illuminance levels acceptable to the City eEngineer and/or UDOT. C. Parking lots may not utilize spot or flood lighting whether mounted on a post or exterior building wall. The overall height of any light post or tower used to illuminate parking lots in commercial zones shall not exceed twenty-five feet (25’). All post mounted parking lot lights shall be set back from property lines a distance equal to two and one-half (2.5) times the height of the pole unless an internal or external shield prevents the fixture being visible from outside the property boundaries. The overall height of any light post used to illuminate parking lots in residential zones shall not exceed twenty-five feet (25’). All parking lot lighting shall use fully shielded downward directed fixtures. Internal or external shields shall prevent the fixture being visible from outside the parking lots. D. Outdoor recreation areas or athletic fields at publicly owned facilities may use illumination to light the surface of play and viewing stands and for the safety of the public. The following standards shall apply to outdoor recreation area or athletic field lighting: 1. The recreational lighting doesshall not exceed illuminance levels for class IV sports lighting set by the Illuminating Engineering Society of North America. 2. The recreational lighting provides illuminance for the surface of play and viewing stands, and not for any other areas or applications. 3. Off-site impacts of the lighting will be limited to the greatest practical extent possible 4. The lighting for areas or applications outside the surface of play and viewing stands shall conform to all provisions in this cChapter. 5. The recreational or athletic facility shall extinguish lighting exempted by this sectionChapter no later than 10:00pm or one-half hour after the end of play. 6. The recreational lighting shall have timers that automatically extinguish lighting to ensure lights are not left on after the curfew or when the facilities are not in use. E. Outdoor amphitheaters may use illumination to light the performance area of the amphitheater and for the safety of the public. The following standards apply to all amphitheater lighting: a. Lighting used to illuminate the performance area must be either directed spotlighting or fully shielded lighting. If directed spotlighting, the light source must be located and designed such that it is not visible beyond the property boundaries. b. Lighting used to illuminate the performance area may only be turned on during performances or rehearsals. c. Lighting used to illuminate the seating areas, pathways, and other areas of the amphitheater must meet all standards of this chapter. F. All illuminated signs shall comply with the standards of ChapterSection 17.09.465. 17.09.068 Outdoor Lighting - Application and Review Procedures A. Lighting Plan All sign permit applications, subdivision applications, site plan applications, building permit applications, and other development review applications within any zoninge district shall include a lighting plan that shows evidence that the proposed lighting fixtures and light sources comply with this Chaptercode. Lighting plans shall include the following: 9 1. Plans or drawings indicating the proposed location of lighting fixtures, height of lighting fixtures on the premises, and type of illumination devices, lamps, supports, shielding and reflectors used and installation and electrical details. 2. Illustrations, such as contained in a manufacturer's catalog cuts, of all proposed lighting fixtures. For commercial uses, photometric diagrams of proposed lighting fixtures are also required. In the event photometric diagrams are not available, the applicant must provide sufficient information regarding the light fixture, bulb wattage, and shielding mechanisms for the planning commission to be able to determine compliance with the provisions of this chapter. 3. A table showing the total amount of proposed exterior lights, by fixture type, wattage, lumens, and lamp type. B. Approval Procedure: 1. The lighting plan for all new development shall be submitted for approval concurrent with the associated application process. 2. A certificate of occupancy shall not be issued until such time as the property is subject to a post installation nighttime inspection by the City’s Zoning Administrator. 17.09.069 Outdoor Lighting - Amortization of Nonconforming Outdoor Lighting A. The City shall require the termination of use of any and all nonconforming outdoor lighting fixtures, structures, lamps, bulbs or other devices that emit or generate light which are not otherwise exempted by this Cchapter, pursuant to the amortization schedule contained in this section. B. All outdoor lighting legally existing and installed prior to the effective date of this cChapter and which is not exempted shall be considered nonconforming and shall be brought into compliance by the property owner as follows: 1. Immediate compliance is required as a condition for approval when applying for a building permit, sign permit, conditional use permit, new (nonrenewal) business license, site plan review or similar City permit or approval if site improvements, construction, reconstruction, expansion, alteration or modification of existing sites, structures, or uses individually or cumulatively equal or exceed one thousand five hundred (1,500) square feet, or 50% of the existing site or structure, whichever is less. Projects of less than one thousand five hundred (1,500) square feet in size, or 50% of an existing site or structure will not be subject to immediate compliance. However, the square footage of the improved structure or site will count towards a cumulative total of projects on the same property. When the cumulative total equals or exceeds one thousand five hundred (1,500) square feet, or 50% of the existing site or structure, compliance shall be required for approvals as cited above. 2. All damaged or inoperative nonconforming lighting shall be replaced or repaired only with lighting equipment and fixtures compliant with this Cchapter. 3. All outdoor lighting not previously scheduled for amortization or otherwise exempted shall be brought into conformance with this cChapter within five (5) years from the effective date of this cChapter. C. The City shall perform two (2) audits of all outdoor lighting in the City, one two (2) years and the other four (4) years after the effective date hereof. These audits will identify all lighting that does not conform to the standards of this cChapter. The results of these audits will be made available to the public. 10 11 17.09.300 Off-Street Parking and Loading Lighting Any lighting used to illuminate off-street parking facilities or vehicle sales areas shall be so arranged as to reflect the light away from the adjoining premises in any residential zone. (Prior code § 27-3-21(I)) 17.09.465 Signs -- Permitted Illumination Signs may be unlighted, lighted externally, lighted internally, or backlit. All sign lighting must be designed, directed, and shielded in such a manner that the light source is not visible beyond the property boundaries where the sign is located. Lighting for signs must be directed such that only the sign face is illuminated. All lighted signs must have stationary and constant lighting. All sign lighting is included in the calculation of total light output for a property. A. Standards for Externally Illuminated Signs: 1. Lighting for externally illuminated signs must be aimed and shielded so that light is directed only onto the sign face and does not trespass onto adjacent streets, roads or properties or into the night sky. 2. Lighting for externally illuminated signs must be mounted at the top of the sign (or within 2 feet of the top of a wall mounted sign), except for freestanding monument style signs which may be illuminated by ground mounted lighting. 3. Lighting shall consist of no more than four (4) individual fixtures (or lamps) per sign face and produce a maximum of 40,000 lumens per fixture. 4. All sign lighting shall be included in the calculation of total light output. Permitted and Prohibited External Sign Lighting Configurations Allowed Not Allowed Fully Shielded Fully Shielded Unshielded B. Standards for Internally Illuminated Signs: 1. Only sign text areas and logos may be illuminated on an internally illuminated sign. 2. Internally illuminated signs shall use semi-opaque materials for sign text and logos such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed for sign text and logos. Non-text portions of the sign (e.g., background and graphics other than the logo) shall be made of completely opaque material. C. Standards for Backlit Signs: 1. The light source shall not be visible. 2. Backlit signs shall only allow indirect illumination to emanate from the sign. For example, signs that create a "halo" effect around sign copy are allowed. 12 D. Standards for Illuminated Window Signs 1. Businesses may display a maximum of two (2) illuminated window signs positioned to be primarily visible outside the business structure. 2. Illuminated window signs shall not exceed four (4) square feet in area. 3. Illuminated window signs shall not be illuminated when the business is closed. Ed. Note: Existing Code text is noted below. Deletions are shown in strike-through; new text is shown in bold. 15.36.080 [Mobile Home Parks] P. Outdoor Lighting. All new development shall be required to shield the lamp (bulb) from view off site in accordance with Supplementary Regulations of Section 17.31.050. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 069. 15.44.070 [Sign Code] A. Lighted signs that flash, blink, create the appearance of movement, have moving light elements, or which otherwise change brightness, color, or lighting intensity, including intermittent display, lampbanks that change electronically, including time and temperature signs, are strictly prohibited. Christmas lights that are displayed during the month of December are exempt from this provision. All lighted signs shall additionally comply with Section 17.09.465. B. Electronic variable message signs (EVMS) are prohibited. C. Real time video projected on outdoor display screens, outdoor video projection screens, and outdoor LED screens or outdoor display screens of any type are prohibited for use as signs, including in windows. D. Lighted signs on property near a residential area shall be subdued and shall not be allowed to penetrate beyond the property in such a manner as to annoy or interfere with nearby residential properties. (Ord. 14-10 (part), 2014; Ord. 00-03 (part), 2000: Ord. 92-02 §§ 3.07, 3.08, 1992) 15.44.090 [Sign Code] Public, public educational or religious institutional signs shall be located entirely upon the premises of that institution, shall not exceed an area of fifty square feet per frontage and shall require indirect lighting if lighted. comply with Section 17.09.465. 16.24.010 [Subdivisions] Standards for design, construction, specification, and inspections of street improvements, curbs, gutters, sidewalks, storm drainage and flood control facilities and street lighting shall be prepared by the Cit y Engineer, highway department and the building inspector; standards for water distribution and sewage disposal by the water and sewer departments; and similar standards for fire hydrants by the fire department. All subdividers shall comply with the standards established by such departments and agencies of the City, provided that such standards shall be approved by the City Council. All outdoor 13 lighting shall comply with the requirements of Sections 17.09.060 through 069. (Ord. 13-81 (part), 1981: prior code § 22-6-1 17.20.020 [Bed and Breakfasts] A(2)(j) Signs are limited to one nonflashing sign not larger in area than four square feet. All lighted signs shall comply with Section 17.09.465. If lighted, the light shall be diffused or shielded and downward directed. 17.27.020 [Trucking Companies in C-4] (A)(35)(e) Parking areas shall be illuminated by pole lighting only. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 069. that shall be downward directed with full cut-off fixtures dispersed throughout the parking area and shall provide a minimum of 0.5 candle power and not more than 1.0 candle power of illumination. No light shall be placed on the eave or side of buildings and be directed outward toward the perimeter of the property. 17.31.040 [Resort Commercial Zone] B. Outdoor Lighting. All new development shall be required to shield the lamp (bulb) from view off site in accordance with Supplementary Regulations of Section 17.31.050. F. Signage. All lighted signs shall comply with Section 17.09.465. All signs shall comply with the requirements this Title provided, however, that notwithstanding provisions to the contrary: 1. Illumination. Freestanding signs and wall signs may be illuminated indirectly or internally . Directional signs shall not be illuminated. Where internal illumination is employed, only the face area of the letters or logos may be illuminated and at least fifty percent of the sign face shall have an opaque background. 17.31.050 [Resort Commercial Zone] A. Outdoor Lighting. An outdoor lighting plan shall be submitted with the site/development plan. 1. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 069. be directed down or toward a surface. 2. The light source or bulb for all outdoor lighting shall be shielded from view off-site. 3. No outdoor lighting shall be directed towards any adjacent residential use or public street . 17.32.040 [SAR Zoning District] H(12) Signs. All lighted signs shall comply with Section 17.09.465, except that internally illuminated outdoor signs shall be prohibited within the SAR zone. 14 13. All signs must be nonflashing and stationary. Lighted signs shall be limited to full-cutoff fixtures I. Lighting. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 069. and be shielded from view off-site and shall be designed to reduce nighttime glare and impact on the night sky. All outdoor lighting shall have full - cutoff fixtures. 2. All indoor lighting visible from outside shall be shielded or muted to reduce nighttime glare and impact on the night sky. All indoor lighting shall be designed to limit the emission of indoor light to the outdoors and off-site. 17.65.100 [Preliminary MPD] H. Exterior Lighting Plan. The exterior lighting plan shall indicate the location, size, height, typical design, material, color, and method and direction of proposed illumination and lighting. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 069. 17.67.040 [Site Plan Review] D. Lighting Plan. The lighting plan shall show number and types of fixtures for walkways, building exterior lighting, and parking areas and comply with the requirements of Sections 17.09.060 through 069. An acceptable lighting plan shall consist of full cutoff, fully shielded, downward directed lighting types. The plan shall include manufacturer’s information detailing the fixtures to be used. Internal or external shielding may be used to prevent glare toward other properties or into the roadway. Lighting of required parking areas shall be a minimum of one-half foot-candle at all areas of the parking lot. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited. 17.68.050 [Planned Affordable Development] J. Lighting. All outdoor lighting shall comply with the requirements of Sections 17.09.060 through 069. Adequate lighting must be provided for public spaces and common areas. Light fixtures shall consist of a full cutoff, fully shielded, downward directed fixture. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited. 17.80.080 [Large Scale Retail Development] C(1)(d) Outdoor Lighting. i. Lighting shall comply with the requirements of Sections 17.09.060 through 069. and be full cutoff downward directed fixtures and no light shall be emitted beyond the project site. The applicant must provide an exterior lighting plan that quantifies light coverage upon the project site and provides information on how outdoor lighting will be accomplished to minimize impacts on adjacent properties or roadways. ii. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard shall not be taller than light standards in surrounding neighborhood residential zones and should stair step down to a lower height when close to neighboring residential uses or 15 residentially zoned areas. In no case shall the height of the light standards exceed twenty-five feet. Spotlights of any kind that are mounted on building walls are not permitted. -End of Document- PLANNING RESOLUTION #10-2019 A RESOLUTION RECOMMENDING TO CITY COUNCIL APPROVAL OF ORDINANCE #2019-03 CREATING CHAPTERS 17.09.060 AND 17.09.465 OF THE MOAB MUNICIPAL CODE ESTABLISHING OUTDOOR LIGHTING AND SIGN ILLUMINATION STANDARDS WHEREAS, the City of Moab ("City") adopted Chapter 17, Zoning, of the Moab Municipal Code ("Code") to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future inhabitants of the city by guiding development within the City of Moab in accordance with the General Plan; and WHEREAS, the Moab City Planning Commission, in coordination with Grand County, created outdoor lighting and sign illumination standards and has determined that those standards should be added to the Moab Municipal Code; and WHEREAS, the Moab Planning Commission held a duly advertised public hearing on April 11, 2019, to hear and decide the merits of the proposed changes, and to receive public input; and WHEREAS, the Planning Commission subsequently adopted Planning Resolution #10-2019 with the findings that the amendments are justified and appropriate and recommend approval of Ordinance #2019- 03 to the City Council. NOW THEREFORE, the Planning Commission, by a majority vote, favorably recommends Ordinance #2019-03 to City Council for approval. SIGNED: Allison Brown, Chair Date Moab City Council Agenda Item Moab Tramway Minor Subdivision August 13, 2019 Title: Consideration Possible Approval of the Moab Tramway Two Lot Minor Subdivision of Property Located at 1750 North Hwy 191. Staff Presenter: Nora Shepard, Planning Director Attachment(s): Attachment 1: Complete Application Package Attachment 2: Draft Plat Options: 1. Approve with or without modifications 2. Continue action on the item and give specific direction to the applicant and staff as to additional information needed. 3. Deny the minor subdivision Applicant: Michael Duehrssen, Salt Lake Accomdation No. 338, LLC aka Salt Lake Exchange Accommodations No.338, LLC Recommended Motion: I move to approve the Moab Tramway Subdivision, subject to the following conditions: 1. All engineering comments shall be addressed to the satisfaction of the City Engineer prior to review by City Council. 2. Site Plan Review and approval is required prior to site development for either newly created lot. Background: On January 30, 2019, Site Plan and Subdivision applications were submitted to the City. The applications were reviewed by the Development Review Team (DRT) and comments sent to the applicant. On May 10, 2019, the City was notified that the applicant had decided not to pursue the site plan application at this time and submitted a revised subdivision plat for review. On July 25, 2019, the Planning Commission forwarded a positive recommendation to the Council as follows: Motion by Jeanette Kopell to forward a positive recommendation to City Council for the Moab Tramway Minor Subdivision subject to conditions 1 and 2: 1. All engineering comments shall be addressed to the satisfaction of the City Engineer prior to review by City Council. 2. Site Plan Review and approval is required prior to site development for either newly created lot. Second by Marianne Becnel Motion passed unanimously Project Summary: This subdivision plat splits 1 parcel into 2. The intent of the property owner is to sell off the portion of the property that contains the tram. The potential buyers plan to move forward with their site plan application once the property is divided. At the time of Site Plan review and development, the new owners will have to address a number of utility and engineering that will be necessary to improve the site. Both parcels will have adequate frontage on Hwy 191. There is a shared parking and access easement across Lot 1 that allows the historic access to be used and provides for shared parking between the 2 parcels in the future. Process: MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor subdivisions of five lots or less. These applications must be reviewed by the Planning Commission and referred to Council with a recommendation, as noted below. “MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required documents In subdivisions of less than five lots, land may be sold after recording of a plat, if all the following conditions are met: A. The subdivision plan shall have been approved by the planning commission, the planning coordinator, the city engineer, the city attorney, other agencies the zoning administrator deems necessary, and the city council; B. The subdivision is not traversed by lines of a proposed street, and does not require the dedication of any land for street or other purposes; C. Each lot within the subdivision meets the frontage width and area requirements of the zoning title or has been granted a variance from such requirements by the appeal authority; D. All final plat requirements shall be complied with; E. All provisions of Chapter 16.20 of this title shall be complied with; and F. The water supply and sewage disposal shall have been approved by the utility supervisor. THE SLOAN LAW FIRM, PLLC Christina R. Sloan sioan@thesloanlawfirm.corn www.th es loan lawfs rm . co m * licensed in tfT and CO January 30, 2019 76 S. Main Street, Ste. 1 Moab, UT 84532 435.259.9940 VIA EMAIL AND HAND DELIVERY Sommar Johnson City of Moab Department of Planning & Zoning 217 E. Center Street Moab, UT 84532 Re. Moab Tram Development —Amended Site Flan Application, Request for Approval of an Amended Pre -Annexation Agreement, and Subdivision Application Dear Sommar, Attached, on behalf of my clients, Salt Lake Accomdation No. 338, LLC, aka Salt Lake Exchange Accommodations No. 338, L.L.C. (the "Owner") and Michael Duehrssen, President of the Tramway to Moab, Inc. (the "Agent"), please find an Amended Site Plan Application, Request for Approval of the First Amendment to the Pre -Annexation Agreement dated December 19, 2006, and 2-Lot Subdivision Application. We further request placement on the March 14 Planning Commission agenda for its consideration and recommendation. Owner and Agent are collectively referred to herein as the Applicants. As you know, I have worked on this project for several years. Thus, please note that my involvement is individual, on behalf of the Sloan law Firm and my Clients, as are all statements I make herein. Agent is under contract to buy Lot 2, Tram Subdivision, contingent on the City approving this redevelopment of the Tramway. Agent desires to revitalize the Moab Tram in a manner similar to the original approvals but in an updated form that harmonizes with Moab's unique and dramatic landscape. Agent has worked hard to create a project that will improve the corridor into Moab from the North and provide visual connectivity to the 360-degree stunning views to passersby. The Tramway redevelopment plan will create a welcome visual improvement for both locals and visitors. Specifically, the Lower Terminal Building would be remodeled and expanded to include a gift shop, tourist information center (with ticket counter), bike rental shop, and patio that connects to the Moab Pathway. The Moab Tram would run to the existing Upper Terminal Building, which would be remodeled to accommodate a cafe and snack shop (no open flames) in the current footprint below the terminal. Development Application Moab Tram Page 2 of 3 The Applicants wish to improve the Moab Tram in a manner which causes minimal impact to the hillside and scenic views. To this end, Applicants are willing to terminate their right to build the 3,600 square foot "Mountain House" on the southern end of the Upper Site in exchange for transferring that square footage to the Lower Terminal Building. As a final note, the First Amendment to the Pre -Annexation Agreement is drafted for Agent's signature alone as we request the City require its recording prior to its issuance of building permits but after the closing on the Property by Agent. Applicants agree to stipulate as a Site Plan Condition that in the event the First Amendment to the Pre -Annexation Agreement is not recorded in the real property records of Grand County, Utah for any reason, the Amended Site Plan shall be void and of no further force or effect. In support of these requests, the following documentation is attached hereto: 1. Amended Site Plan Application Form (original); 2. 2-Lot Subdivision Application Form (original); 3. $525 in Application Fees ($375 amended site plan + $250 subdivision - $100 paid upon pre -conference meeting); 4. Proposed First Amendment to the Pre -Annexation Agreement; 5, Architectural drawings, including floor plans and elevations prepared by Retail Design Collaborative; b. Site and Civil Plan Drawings, including Grading, Drainage, and Utility Plans prepared by SET Engineering; 7. Lighting Plan prepared by GPW & Associates; S. Landscaping and Irrigation Plans prepared by Bijan Landscape Design ± Build; 9. Preliminary Drainage Study prepared by SET Engineering; 10. Geotechnical Engineering Study prepared by Trautner Geotech LLC; 11. Traffic Study prepared by SET Engineering; and 12. Title Commitment prepared by Anderson -Oliver Title Insurance Agency. In addition, for the pre -application meeting,' previously submitted the following additional documents. Please notify me if you would like copies of these documents again: 13. Owner/Agent Agreement; 14. Vesting Deed; 15. Tax Master Record. We appreciate the City's consideration of this Request. Please confirm Agent's inclusion on the March 14 Planning Commission agenda at your earliest convenience. And we look forward to resolving any final questions or concerns the City may have. Development Application Moab Tram Page 3 of 3 Sincerely, THE SLOAN LAW FIRM, PLLC Christina R. Sloan CRS/ cc: J.J. Wang, Salt Lake Accomdation No. 338, LLC Michael Duehrssen, Tramway to Moab, Inc. David Mortensen, R❑ Collaborative Jeff Pillus, SET Engineering Attachments APPLICATION FORM FOR STAMPED SITE PLAN APPLICATIONS & SUBMISSION REQUIRMENTS City of Moab — Planning and Zoning Department 217 East Center Street Moab, Utah 84532 Phone: (435) 259-5129 Fax: (435) 259-0600 MOAB USE THIS APPLICATION IF: you are planning a commercial development, a multi family residential use requiring a site plan (whether new, amended, or a change in use), or if you intend to construct, enlarge, structurally alter, or move on a building or structure within the city of Moab. All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within twenty-one business days. Please mote: Failure to comply with the requirements af'a complete application will result in delay of processing .your application. Project Name: Moab Tramway CITY USE APPLICATION NUMBER: APPLICATION FEE: • NEW OR AMENDMENT SITE PLAN-S50.00 PER EACH MOO SQUARE FEET OF FLOOR AREA ■ MINIMUM FEE MAO TREASURER'S RECEIPT NUMBER: RECEIVED DATE STAMP Application for Site Plan Approval under Section 17.67 of the Moab Municipal Code (MMC), as amended. USING THE APPLICATION FORM This application form is to be used for the following development: ■ Construction of a new commercial structure of 2,000 square feet or more; or • Construction of a new multi -family residential structure of six or more units; or • Remodeling of an existing commercial building involving an addition of 2,000 square feet or more; or ■ Use change of an existing structure involving an addition of 2,000 square feet or more; or • Establishing a commercial parking Iot Please check with the Planning and Zoning Department to determine whether a Site Plan Application is required and whether the proposed development meets current zoning regulations before submitting the application for processing. The applicant has the responsibility to advise the City of Moab of any changes in ownership, agents, their names, addresses and telephone numbers etc. COMPLETENESS OF THIS APPLICATION The information requested by this application must be provided by the applicant, and will be used to process the Site Plan under MMC Section 17.09.660. If the information, including copies of the required plans and the applicable fees are not provided, the City may return the application or refuse to consider the application further until receipt of all the required information and fees have been provided. A Pre -application Conference is required prior to submittink a Site Plan Application. This application form is available online at ww.v.nloab ity.or2, or from the Planning Office on the second floor of the City SITE PLAN APPROVAL APPLICATION Supplementary Materials August 2017 Center, 217 East Center Street, Moab, Utah 84532. A published schedule of meeting dates is also available at 1'1'wv,..nioabciiv.ora,. Please note that this application contains three sections which must be reviewed/completed by the applicant. Section One — Fees and Application Procedure o Please complete the fee calculation to ensure you have submitted the appropriate fee Section Two — Application Form ❑ Please complete in full and sign as appropriate o Please complete the Owner's Acknowledgement on page 4. Section Three — Site Plan Application Submittal Checklist SITE PLAN APPLICATION PROCEDURE An application for Site Plan Approval generally requires about 5 to 8 weeks to achieve final approval, depending on the complexity of the project. This process generally encompasses the following steps_ I. The application is received and reviewed by Planning Staff to ensure all required information is provided on the application form, that the appropriate fee is submitted, and that drawings are submitted in accordance with the City's requirements. 2. Prior to the final consideration of an application, Planning Staff will schedule a Design Review Team (DRT) meeting for review of the proposal by the rest of the city departments as well as the Building Department, Fire Department, and utility providers. 3. At the DRT meeting staff and agencies will comment on the proposal and will outline where the site plan application does not satisfy the code or the required submittals for application. 4. Following the DRT meeting, Planning and Zoning Staff will forward all agency comments to the owner/applicant or the designated representative for a response, additional information or drawings. Upon receipt of agency and staff comments from the DRT meeting, the owner/applicant is required to forward an updated Site Plan, studies or any changes necessary to address comments or concerns arising from the DRT meeting. The revised plan must be in paper form and digital forrnat. The applicant must submit the requested documents and a revised site plan for final review and comment by city staff. The city shall determine if the site plan application is sufficient to satisfy the definition of a "Complete Application" as established in MMC Chapter 17.06.020, Definitions, and if the application may be placed on the Planning and Zoning Commission agenda 5. Following final review of the revised Site flan, the applicant will be formally advised in writing, as to the final disposition of the proposed development. There are two levels of review. Level I applications shall be reviewed by the Development Review Team (DRT). Level II applications shall be reviewed by the Planning Commission. Subsequent to the DRT meeting or Commission meeting, a fallow -up letter describing the action of the Land Use Authority, and any conditions, shall be forwarded to the applicant with a copy of the signed resolution. HELP Questions in respect to the application and process or requests for pre -consultation with staff may be made in person at: Planning and Zoning Department, 217 East Center Street 2nd Floor, Moab, Utah, or by telephone (435) 259-5129. SITE PLAN APPROVAL APPLICAT[ON Supplementary Materials August 2017 APPLICATION INFORMATION DATE: 01.28.2019 PROJECT NAME: Moab Tramway A. GENERAL INFORMATION 1. Name(s) of property owner(s): Salt Lake Accomdations, LLC, aka Salt Lake Accomdation No. 338. LLC Address: 168 East Center Street. Moab. Utah 845_32 Phone: 4'15_2 60 2110 Cell: Fax: E-mail: jiw4ng1T10ab@gmail.Cam Attach additional owner information if necessary. Where two or more persons own the subject property, one owner shall be designated as a contact if section 2 below is not completed. If the owner(s) of record as shown by the county assessor's ace is (are) not the agent, the owner's (owners') signed and notarized authorization(s) must accompany this application. 2. Applicant or contact person: Address: Dr. Michael Duehrssen WC 64 Box 200,5, Moab, Utah 845.12 Phone: 435.609.1567 Cell: Fax: E-mail: msduehrssen@yahao.com 3. Name of land surveyor: Lucas Blake, Red Desert Land Surveying. LLC Address: 30 South 100 East #2, Moab, Utah 84532 Phone: 435.260.0104 Cell: Fax: E-mail: Lucas@reddesertsurvey.com 4. Does the property/site contain hillside slopes over 15%? [1 yes ❑ no ❑ unknown 5. Is any portion of the property located in the FC-1 flood zone? ❑ yes [ no ❑ unknown 6. Are any restrictive covenants existing or proposed? (If yes, please attach.) 0 yes ®no 7. Are there underlying/overlying agreements on the property? ® yes ❑ no ❑ unknown If yes, check as appropriate and provide a copy of the decision document: ❑ Conditional Use Permit ❑ Zoning Variance ❑ Planned Unit Development RI other: Pre -Annexation Agreement Under which jurisdiction was original site plan approval given? Site Plan Approval Date: 09.01.1999 g:1 City of Moab ® Grand County Pre -Annexation Agreement: Signed 12,19.2006; Recorded 02,14.2007 SITE PLAN APPROVAL APPLICATION Supplementary Materials August 2017 I hereby certify that 1 hav - : d th plication and know the same to be true and correct. *5igna �. e of owner or authoriz agent Dr. Michael Duehrssen, Agent Please Print Name 0 Date *Signature of owner or authorized agent Date Please Print Name *If signatory is not the owner of record, the attached "OwnerlAgent Agreement" must he signed and notarized SITE PLAN APPROVAL APPLICATION Supplementary Materials August 2017 CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK MOAB PRELIMINARY PLAT APPLICATION ***A PRE -APPLICATION MEETING WITH CITY STAFF IS REQUIRED FOR THIS APPLICATION:" DATE STAMP TO BE FILLED OUT BY APPLICANT PROJECT NAME (if any): Moab Tramway FOR CITY USE ONLY PROJECT STREET ADDRESS 1750 N. Hwy 191, Moab, Utah 8453E OR ACCESS STREET: r FOR CITY USE ONLY APPLICATION NUMBER: DATE 1ZECEIVED: APPLICATION FEE: TREASURER'S RECEIPT NUMBER: Al! applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within Tfteen days. A, SUBMITTAL REQUIREMENTS APPLICATION One original (which must contain an original signature of owner/agent) FULL-SIZE DRAWINGS EIGHT (8) copies of the required drawings must be provided. Drawings must be 78"x 24" or 24" x 36" in size. REDUCED DRAWINGS TWO (2) copies of the drawings reduced to 8.5" x II" or 1!"x I7" must be provided. FEES Preliminary Plat - $200.00 plus $25.00 per lot Final Plat - $200.00 plus $25.00 per lot ATTACHED SUBMITTAL CHECKLIST Please refer to attached Submittal Checklist for further information. Note: when submitting this application, please do not copy or include the Submittal Checklist sheets attached to the back of this application. REQUIRED SIGNATURES (sign & date) ' Public Works Director j Fire Chief City Engineer Building Inspector City Planner Streets Superintendent Zoning Administrator Water & Sewer Superintendent City Manager City Recorder DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST" CENTER STREET • IVIOAB, UTAH ■ 84532 Phone: (435)259-5129 • Fax: (435) 259-4135 • E-maiI: info@moabcity.arg Website: www.moabcity.arg CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK A. GENERAL INFORMATION I. Name of property owner: Salt Lake Accomdations, LLC, aka Salt Lake Accomdation No.338, LLC Address: 168 East Center Street, Moab, Utah 84532 Phone: 435.260.2130 Fax: E-mail: jjwangmoab@gmail.com Name of property owner: Address: Phone: E-mail: Fax: Attach additional owner information if necessary. If the owner(s) of record as shown by the county assessor's office is (are) not the agent, the owner's (owners') signed and notarized authorization(s) mast accompany this application. 2. Applicant or contact person: ❑r. Michael auehrssen Address: HC 64 Box 2005, Moab, Utah 84532 Phone: 435.609.1567 Fax: E-mail: mscluehrssen@yahoo.com 3. Name of land surveyor: Lucas Blake- Red Desert LancL5urveyind, LLC Address: 30 South 100 East 40, Moab, Utah 84532 Phone: 435.260.0104 Fax: 4. Description of proposal: Moab Tramway. E-mail: I tjcas-4reddesertsurvey.com 2 - Lot Subdivision to facilitate redevelopment of the 5. Does the property/site contain hillside slopes over 25%? E yes ❑ no ❑ unknown 6. Does any portion of the property/site reside in the FC-1 flood zone? ❑ yes XI no ❑ unknown 7. Are any restrictive covenants existing or proposed? (1f yes, please attach.) Dyes lg]no E. Are there underlying/overlying agreements on the property? ® yes ❑ no ❑ unknown DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET ■ MOAB, UTAH ■ 84532 Phone: (435) 259-5129 ■ Fax: (435) 259-4135 ■ E-mail: info@moabcity.org Website: www.moabcity.org CITY OF MOAB SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK If yes, check as appropriate and provide a copy of the decision document: ❑ Conditional Use Permit ❑ Zoning Variance ❑ Planned Unit Development tzt other:pre-Annexation Agreement Under which jurisdiction was the approval given? gi City of Moab RI Grand County COY OP o Wit. MOAB Site Approval Plan Date: 09.01.1999 Pre -Annexation Agreement: Signed 12.19.2006; Recorded 02.14.2007 I hereby certify that i ha rater lication and know the same to be true and correct. /Ao//ifl *Signature of owner or authanzed agent Date Dr. Michael Duehrssen, Agent Please Print Name *Signature of owner or authorized agent Date Please Print Name *If signatory is not the owner of record, the attached "Owner/Agent Agreement" must be signed and notarized DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET ■ MOAB, UTAH ■ 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 ■ E-mail: info@moabcity.org Website: www.moabcity.org (941 NG f aox Bzoo &- �C �. ]L t61 [I➢@ ci]arder of 31-297/1240 2769 $ Ems` rev Welt Fargo Bank N.A Urah wdirfergo.com For r is i 2400297 Li: 336983797011' e« riq Dollars k F.Lia on Ban. FIRST AMENDMENT TO THE PRE-ANNEXATION AGREEMENT (MOAB TRAMWAY) This FIRST AMENDMENT TO THE PRE-ANNEXATION AGREEMENT for the Moab Tramway is made this ____ day of ______________ 2019 (the “Effective Date”) by the City of Moab, a Utah municipal corporation (the “City”) and Tramway to Moab, LLC (the “Owner”). RECITALS A. The Owner owns real property located in the City of Moab known as 1750 N. Main Street (Parcel No. 01-0126-0012) and more particularly described as Lot 2, Tram Subdivision, according to the official plat thereof recorded in the real property records of Grand County, Utah (the “Tramway” or the “Property”); B. Historically, development of the Tramway by Owner’s predecessor, Grandview Land LLC and William Jewett (“Grandview) was governed by the Pre-Annexation Agreement recorded in the real property records of Grand County on February 14, 2007 at Entry No. 476279 and the original Commercial Site Plan approved on September 1, 1999 (the “Development Approvals”); C. On __________, 2019, the City of Moab approved an Amended Commercial Site Plan for the Moab Tramway which expanded the footprint of the Lower Terminal Building and eliminated the “Mountain House” from the ridgeline (the “Site Plan”); D. Simultaneously therewith, the City of Moab approved the Tram Subdivision, which subdivided the Tramway from the remainder of Parcel No. 01-0126-0012; and E. The Parties now desire to amend the Pre-Annexation Agreement to integrate the terms and conditions of the Amended Commercial Site Plan and Tram Subdivision. NOW THEREFORE, in consideration of the mutual covenants above, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby modify and amend the Pre- Annexation Agreement as follows: 1. Undefined terms used herein shall have the meanings assigned to them in the Pre- Annexation Agreement. 2. Section Two is hereby amended and modified to read in its entirety as follows: First Amendment to the Pre-Annexation Agreement Moab Tramway Page 2 of 6 SECTION TWO CITY SEWER SERVICE 2.1 The Parties acknowledge that the City sanitary sewer system does not currently extend to serve the Property. At such time as the City extends its North Trunkline within two hundred (200) feet of the Property, Owner shall connect all development on the Property to the City sewer system and pay all required connection and impact fees assigned to the Property upon connection , provided that Owner may elect to pay said fees over twenty (20) years at an interest rate of 4.5% per year as arranged through the City Treasurer. 2.2 The City agrees that when the North Trunkline is extended to the Property, and upon payment of said connection and impact fees, Owner shall be able to discharge into it wastewater generated by the Tramway, all future development approved on the Site Plan shown in Exhibit A, and any future development defined by a site plan approved by the Moab City Planning Commission. 2.3 Until the City extends the North Trunkline to the Property, the Tramway shall be served by a temporary vault system, to be approved and permitted by the City of Moab prior to issuance of a Certificate of Occupancy for the Tramway. Owner shall be responsible for all costs associated with the construction, engineering, testing, and permitting of said temporary vault system. 3. Section Two is hereby amended and modified to read in its entirety as follows: SECTION THREE OTHER AGREEMENTS 3.1 The Parties agree that the approval of the Site Plan in Exhibit A vests in Owner all rights necessary to develop the Tramway as contemplated therein, including operation of an aerial passenger tramway and accessory uses associated with an incidental to the Tramway including those uses identified in Exhibit A. The right granted to Owner under this Agreement and the Site Plan are both contractual and deemed vested rights under Utah common law. 3.2 Future development, uses, signs, and structures not included or approved in the Site Plan shall proceed under applicable City codes in effect at the time of request for approval of the same. 3.3 In the event the Moab Tramway is not operated within three (3) years of the Effective Date, or for any two (2) years after it is operational, Owner agrees to remove for scrap said tramway towers, cables and passenger carries within two (2) years of written request by the City. 3.4 Prior to the City issuing building permits for the structures contemplated in the Site Plan, Owner shall file a bond with the City Treasurer in the amount shown in Exhibit B to secure Owner’s commitment to remove the Moab Tramway and its associated facilities as required in Section 3.3. Said bond shall be renewed annually for a period of twenty (20) years from the Effective Date. The method for providing said assurance may be amended upon the written approval of the City Manager. First Amendment to the Pre-Annexation Agreement Moab Tramway Page 3 of 6 4. Subsections 6.12 through 6.14 contained in Article Six, General Provisions shall be amended and modified to read in their entirety as follows: 6.12 All notices under this Agreement must be given in writing by hand delivery, first class or certified mail, postage prepaid, and delivered to the following addresses: City of Moab: City Manager 217 E. Center Street Moab, UT 84532 Owner: Tramway to Moab, Inc. Michael Duehrssen, President HC 64 Box 2201 Castle Valley, UT 84532 6.13 This Agreement, including its Exhibits, as amended, shall be recorded in the real property records of Grand County, Utah prior to the City’s issuance of building permits for the structures contemplated in the Site Plan. 6.14 INTENTIONALLY DELETED 5. The List of Exhibits attached to the Agreement shall be modified and amended to read in its entirety: LIST OF EXHIBITS Exhibit A – Amended Site Plan Exhibit B – Cost Estimate to Remove the Tramway and its Associated Facilities Exhibit C – INTENTIONALLY DELETED Exhibit D – Restrictive Covenant for Annexation 6. Exhibits A and B attached to the Agreement shall be modified and amended to read in their entirety as shown in the attached Exhibits A and B. Exhibits C and E to the Agreement shall be deleted. 7. Except as specifically modified herein, all provisions of the Pre-Annexation Agreement shall remain in full force and effect. First Amendment to the Pre-Annexation Agreement Moab Tramway Page 4 of 6 IN WITNESS WHEREOF, this FIRST AMENDMENT TO THE PRE-ANNEXATION AGREEMENT is effective on the date first signed above. CITY OF MOAB ATTEST: _____________________________ _____________________________ Mayor Emily Niehaus Rachel Stenta, Recorder TRAMWAY TO MOAB, INC. ATTEST: _____________________________ _____________________________ Michael Duehrssen, President Susan Duehrssen, Secretary STATE OF UTAH ) ) ss COUNTY OF GRAND ) On _____________, 2019, Michael Duehrssen, as President, and Susan Duehrssen, as Secretary, appeared before me and acknowledged and swore to me that the foregoing FIRST AMENDMENT TO THE PRE-ANNEXATION AGREEMENT was signed on behalf of the Corporation by authority of its Articles of Incorporation and Bylaws. WITNESS my hand and seal. ____________________________________ NOTARY PUBLIC: First Amendment to the Pre-Annexation Agreement Moab Tramway Page 5 of 6 EXHIBIT A AMENDED SITE PLAN [INSERT] First Amendment to the Pre-Annexation Agreement Moab Tramway Page 6 of 6 EXHIBIT B COST ESTIMATE TO REMOVE THE MOAB TRAMWAY AND ITS ASSOCIATED FACILITIES [INSERT] ENTRY STAIRS TOURIST INFORMATION CENTER GIFT SHOP EXISTING LOWER TRAMWAY TERMINAL ALCOVE RESTROOMSRESTROOMS BALCONYPATIO (BELOW) SCREENED ENCLOSURE MONUMENT SIGN LOFT AND OFFICE REF 3/A1.0 42'-0"74'-3 1/4" 20'-0"39'-2" 17'-9"17'-9"5'-0"9'-6 3/4"40'-0"40'-0"10'-0" 5'-5" 26'-4"47'-11 1/4"10'-0"16'-9 3/4"16'-7"NEW TRELLIS COVERED PATIO EXISTING SIDEWALK TO REMAIN 5'-0"47'-4 1/2"11'-4"34'-0 1/2"45'-8 1/8" 91'-0 1/2" 11'-4"34'-0 1/2"23'-11"WALK-OUT BASEMENT (WHITE BOX TENANT SPACE) PATIO 26'-4 3/4"47'-10 1/2" 63'-10" 16'-11 1/2"40'-0"42'-0"74'-3 1/4" GIFT SHOP (BELOW) LOFT AREA OFFICE BALCONY 20'-0"10'-0"9'-6"20'-6"9'-0"4'-0" 10'-6"42'-0"1/8" = 1'-0" 1TRAMWAY AND ADDITION UPPER FLOOR PLAN 1/8" = 1'-0" 3BIKE SHOP FLOOR PLAN 1/4" = 1'-0" 2LOFT LEVEL Revisions C:\_LocalRevit\18227 Moab Tramway_central_v18_David.Mortensen.rvt1/15/2019 11:36:51 AMTRAMWAY AND ADDITION FLOOR PLAN A1.01MOAB TRAMWAYHWY 191 & HWY 128MOAB, UT 84532SITE PLAN PHASE: 01/18/19 Project Number: 18227 No. Issue Date UPPER TRAMWAY TERMINAL 47'-2"48'-4"21'-2"4'-10 1/4"21'-2"48'-11 1/2"______ A3.02 1 50'-0" PROPOSED CAFE HALLWAY RESTROOM RESTROOM BACK OF HOUSESTORAGE 26'-10"46'-10 3/4"37'-10"12'-8"19'-5"9'-8" 6'-0"9'-0"3'-9 3/4"9'-0"7'-1" 7'-1"6'-3 1/2"48'-10 3/4"33'-1"13'-9 3/4"32'-7"9'-0"2'-7"7'-4 3/4"6'-6"14'-7 1/2"22'-3 1/4"32'-3"22'-10 1/2"______ A3.02 1 50'-0"68'-2 1/2"Revisions C:\_LocalRevit\18227 Moab Tramway_central_v18_David.Mortensen.rvt1/15/2019 11:37:07 AMUPPER TRAMWAY FLOOR PLANS A1.02MOAB TRAMWAYHWY 191 & HWY 128MOAB, UT 84532SITE PLAN PHASE: 01/18/19 Project Number: 18227 3/16" = 1'-0" 1UPPER TRAM FLOOR PLAN 3/16" = 1'-0" 2CAFE FLOOR PLAN No. Issue Date EXISTING LOWER TRAMWAY TERMINALPROPOSEDRAILINGPRPOSED BUILDING ADDITIONCOVERED ENTRYSLOPED MEMBRANE ROOFMONUMENT SIGNSTONE VENEERSTONE VENEEREIFSSTOREFRONTSYSTEMSTOREFRONTSYSTEMSTAIRSRETAININGWALLPROPOSEDBUILDING ADDITIONEXISTING LOWER TRAMWAY TERMINALCOVERED WALKWAYPROPOSEDRAILINGSLOPED MEMBRANE ROOFMONUMENT SIGNEIFSEXISTING LOWER TRAMWAY TERMINALCOVERED WALKWAYBEYONDEIFSPROPOSED BUILDING ADDITIONSLOPED MEMBRANE ROOFPROPOSED RAILINGSTONE VENEERRETAINING WALLSTAIRSEIFSSCREENED ENCLOSURESTOREFRONT SYSTEMPROPOSED BUILDINGADDITIONSLOPED MEMBRANE ROOFPROPOSED RAILINGEIFSSCREENED ENCLOSUREEXISTING LOWER TRAMWAY TERMINALRevisionsC:\_LocalRevit\18227 Moab Tramway_central_v18_David.Mortensen.rvt1/15/2019 11:49:13 AMLOWERTRAMWAYEXTERIORELEVATIONSA3.01MOAB TRAMWAYHWY 191 & HWY 128MOAB, UT 84532SITE PLAN PHASE: 01/18/19Project Number: 182271/8" = 1'-0"4WEST ELEVATION1/8" = 1'-0"1SOUTH ELEVATION1/8" = 1'-0"2NORTH ELEVATION1/8" = 1'-0"3EAST ELEVATIONNo. Issue Date CAFE FLOOR PLAN+341'-0"UPPER TRAM FLOOR PLAN+353'-8"B.O. ROOF AT UPPER TRAM+370'-8"EXISTING STEEL ROOFEXISTING STEEL STRUCTUREEXISTING STONE CLADDINGEXISTING EIFS EXTERIOR FINISHEXISTING DOOREXISTING STAIRSNEW STOREFRONT SYSTEMNEW STOREFRONT DOOREXISTING STRUCTURAL COLUMNSEXISTING CONC. CURBEXISTING UPPER TRAMWAY TERMINALCAFE FLOOR PLAN+341'-0"UPPER TRAM FLOOR PLAN+353'-8"B.O. ROOF AT UPPER TRAM+370'-8"EXISTING STEEL ROOFEXISTING STEEL STRUCTUREEXISTING STONE CLADDINGEXISTING UPPER TRAMWAY TERMINALCAFE FLOOR PLAN+341'-0"UPPER TRAM FLOOR PLAN+353'-8"B.O. ROOF AT UPPER TRAM+370'-8"EXISTING EIFS STAIR WALL EXISTING STONE VENEER WALLEXISTING STEEL STRUCTUREEXISTING STEEL ROOFEXISTING STRUCTURAL COLUMNSNEW STOREFRONT SYSTEMEXISTING STEEL COLUMNEXISTING UPPER TRAMWAY TERMINALCAFE FLOOR PLAN+341'-0"UPPER TRAM FLOOR PLAN+353'-8"B.O. ROOF AT UPPER TRAM+370'-8"EXISTING STONE VENEER WALLEXISTING STEEL STRUCTUREEXISTING STEEL ROOFEXISTING EIFSSTAIR WALLEXISITNG CONCRETE CURBEXISTING UPPER TRAMWAY TERMINALRevisionsC:\_LocalRevit\18227 Moab Tramway_central_v18_David.Mortensen.rvt1/15/2019 11:51:06 AMUPPERTRAMWAYEXTERIORELEVATIONSA3.02MOAB TRAMWAYHWY 191 & HWY 128MOAB, UT 84532SITE PLAN PHASE: 01/18/19Project Number: 182273/16" = 1'-0"1UPPER TRAMWAY SOUTH ELEVATION3/16" = 1'-0"2UPPER TRAMWAY NORTH ELEVATION1/8" = 1'-0"3UPPER TRAMWAY WEST ELEVATION1/8" = 1'-0"4UPPER TRAMWAY EAST ELEVATIONNo. Issue Date STONE CLADDING MONUMENT SIGN 2'-8 1/2"10'-8"2'-8 1/2" 16'-1"2" 5'-0" 2"5'-4"CONCRETE CAP ALUMINUM HOUSING INTERNALLY LIT SIGN WOOD SIGN SUPPORT (TOP AND BOTTOM)6"1'-0"2'-6"CL 3'-0 1/2"10'-0"3'-0 1/2" 6 1/2"2'-6"10'-0"2'-6" 6 1/2" 16'-1"3'-0" 4"10"6"3'-0"6"10"WOOD SIGN SUPPORT ALUMINUM HOUSING INTERNALLY LIT SIGN, SIGNAGE DESIGN TBD WOOD SIGN SUPPORT CONCRETE CAP4"9'-4"CONCRETE TOP CAP ASHLAR STONE VENEER MONUMENT SIGN 2'-8 1/2"10'-8"2'-8 1/2" MOAB TRAM 2"3'-0" 4" 5'-8" 4"9'-4"CONCRETE TOP CAP 2" 5'-0" 2" 5'-4" 2"2" ASHLAR STONE VENEER MONUMENT SIGN CONCRETE CAP (BOTH SIDES) ASHLAR STONE VENEER MONUMENT SIGN Revisions C:\_LocalRevit\18227 Moab Tramway_central_v18_David.Mortensen.rvt1/16/2019 9:30:36 AMENLARGED MONUMENT SIGN DETAILS A6.01MOAB TRAMWAYHWY 191 & HWY 128MOAB, UT 84532SITE PLAN PHASE: 01/18/19 Project Number: 18227 3/4" = 1'-0" 1Monument Sign Plan 3/4" = 1'-0" 2Monument Sign Elevation 3/4" = 1'-0" 3Monument Sign Side Elevation No. Issue Date MOAB TRAMWAY 1750 N. MAIN ST. MOAB, UTAH 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C000 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYCOVER SHEETMOAB, UTProject: MOAB TRAM Date: 01/24/19 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E ELECTRIC BREAKER ELECTRIC BOX FIRE HYDRANT 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C100 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYC100 OVERALL SITE PLANMOAB, UTProject: MOAB TRAM Date: 01/24/19 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 ELECTRIC BREAKER ELECTRIC BOX FIRE HYDRANT 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C200 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYOVERALL GRADING , DRAINAGE ANDEROSION CONTROL PLANMOAB, UTProject: MOAB TRAM Date: 01/2419 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 · · · · · · · · · 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C201 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYENLARGED GRADING ANDDRAINAGE PLANMOAB, UTProject: MOAB TRAM Date: 01/24/19 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 MATCHLINE SEE SHEET C202 MATCHLINE SEE SHEET C202 ELECTRIC BREAKER ELECTRIC BOX FIRE HYDRANT 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C202 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYENLARGED GRADING ANDDRAINAGE PLANMOAB, UTProject: MOAB TRAM Date: 01/24/19 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 MATCHLINE SEE SHEET C203 MATCHLINE SEE SHEET C203MATCHLINE SEE SHEET C201 MATCHLINE SEE SHEET C201 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C203 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYENLARGED GRADING ANDDRAINAGE PLANMOAB, UTProject: MOAB TRAM Date: 01/15/19 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 MATCHLINE SEE SHEET C202 MATCHLINE SEE SHEET C202 ELECTRIC BREAKER ELECTRIC BOX FIRE HYDRANT 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C300 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYOVERALL UTILITY PLANMOAB, UTProject: MOAB TRAM Date: 01/24/19 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 Revisions:PLAN NO. C500 FOR REVIEW ONLY NOT FOR CONSTRUCTION # DATE DESCRIPTION BYENGINEERING LLC EMOAB TRAMWAYDETAILSMOAB, UTProject: Moab Tramway Date: 01/24/2019 Drawn By: CSS Checked By: ABR 1309 E 3rd Ave., #21 Durango, CO 81301 970-403-5088 Revisions:PLAN NO. C501 FOR REVIEW ONLY NOT FOR CONSTRUCTION MOAB TRAMWAYDETAILSMOAB, UTProject: Moab Tramway Date: 01/24/2019 Drawn By: CSS Checked By: ABR# DATE DESCRIPTION BYENGINEERING LLC E 1309 E 3rd Ave., #21 Durango, CO 81301 970-403-5088 A B A 0.0 0.0 0.4 16.7 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.9 12.0 13.3 4.7 2.5 21.7 24.6 23.9 22.4 8.7 4.5 2.0 0.8 9.2 17.5 22.6 23.2 23.4 22.2 19.5 4.1 4.1 2.9 7.0 10.5 15.4 17.9 17.9 19.1 20.3 20.5 15.1 1.3 2.2 1.8 1.0 11.9 9.7 10.8 12.7 14.4 15.5 16.5 18.7 21.1 20.2 1.5 1.6 1.1 0.7 10.3 19.2 15.5 11.4 10.8 11.3 12.1 13.2 14.6 16.7 21.1 22.3 2.6 3.3 3.4 2.0 7.2 17.9 20.0 14.9 11.1 10.5 10.4 10.8 12.2 14.0 16.2 20.3 20.5 9.5 13.0 4.4 7.9 4.6 2.8 5.8 6.4 6.2 12.0 11.5 17.3 17.9 14.4 11.6 10.4 10.2 10.7 11.9 14.0 15.3 17.0 14.0 6.5 5.9 7.2 4.6 3.5 3.6 5.7 4.0 3.5 16.7 13.9 13.1 14.4 12.5 11.0 10.2 10.2 11.3 12.4 15.0 16.7 14.5 7.3 3.6 3.5 3.8 2.8 2.3 2.7 4.2 16.4 13.5 10.4 11.2 11.2 10.6 10.0 10.4 11.6 14.9 17.5 18.8 0.3 10.5 9.3 10.7 11.2 10.6 9.9 10.4 11.9 15.0 18.6 0.3 6.0 7.3 11.5 13.8 12.7 11.1 8.8 8.5 10.3 7.6 0.0 0.0 9.0 16.6 15.5 13.0 8.9 5.7 3.3 1.5 1.0 4.5 13.8 12.1 9.2 3.1 2.2 1.2 6.9 6.2 3.7 1.8 6.8 9.3 8.2 4.7 2.3 5.5 7.3 8.5 7.3 4.5 2.3 7.0 8.5 9.2 9.3 7.6 4.5 2.3 3.6 6.4 10.2 12.1 12.1 12.0 9.4 4.7 2.2 3.2 4.8 7.2 10.2 11.8 11.7 11.4 5.2 7.2 8.8 10.3 11.0 10.8 10.0 4.5 8.1 11.0 11.9 13.0 13.3 12.6 11.9 2.5 4.9 8.8 11.8 12.7 13.7 13.9 13.1 12.5 1.4 2.5 4.7 7.6 10.0 11.0 11.7 11.7 11.2 10.2 2.2 1.8 2.6 4.9 8.3 10.7 11.5 12.1 12.1 11.4 10.4 6.2 5.0 2.5 2.9 5.0 8.9 11.7 12.2 13.1 13.0 12.3 11.6 16.7 4.7 3.4 2.7 3.8 6.3 8.2 8.8 9.4 9.5 9.1 8.5 9.4 8.1 5.4 3.2 4.2 3.8 1.1 1.8 1.3 1.4 1.4 1.1 2.7 3.7 3.9 2.4 5.3 9.3 3.1 5.7 2.6 3.0 5.0 1.4 1.6 3.3 3.2 1.7 1.4 4.7 2.9 3.5 6.1 3.0 8.1 5.2 2.4 4.1 3.9 3.0 1.9 2.3 3.0 6.6 3.8 6.7 3.9 5.8 9.9 8.1 5.9 2.3 5.1 5.2 5.3 7.2 10.2 9.6 7.9 6.5 4.6 8.3 8.3 8.7 5.9 2.6 0.5 1.9 0.8 0.9 1.0 1.1 1.6 0.8 0.9 1.2 1.4 1.5 1.5 1.8 0.7 0.9 1.1 1.4 1.8 2.0 2.0 1.9 1.8 2.9 0.8 1.0 1.3 1.6 2.0 2.3 2.6 2.8 2.7 2.3 2.2 4.4 0.9 1.1 1.5 1.8 2.1 2.4 2.9 3.5 3.7 3.6 3.0 2.3 2.2 7.0 0.9 1.2 1.6 1.9 2.3 2.6 2.9 3.5 4.0 4.1 4.0 3.6 2.6 1.9 2.0 0.8 1.2 1.6 2.0 2.4 2.7 3.0 3.2 3.8 4.2 3.9 4.0 3.7 2.7 1.9 1.5 1.0 0.5 0.8 1.2 1.6 2.1 2.5 2.8 3.1 3.4 3.6 3.7 4.1 4.2 3.9 3.3 2.4 1.8 1.3 0.9 1.0 1.5 2.0 2.5 3.2 3.7 3.8 3.6 3.7 3.6 3.6 3.6 3.2 2.6 2.1 0.8 1.2 1.7 2.2 3.1 3.8 4.2 4.2 4.0 3.6 3.4 3.1 2.9 2.5 2.2 1.7 1.3 0.8 1.3 1.7 2.4 3.4 4.0 4.4 4.3 4.1 3.4 3.0 2.8 2.4 2.1 1.7 1.2 0.9 0.6 1.3 1.8 2.3 3.3 2.9 4.1 4.1 3.8 3.0 2.6 2.3 2.0 1.6 1.2 0.9 0.6 1.7 2.2 2.7 3.5 3.8 3.7 3.1 2.6 2.3 1.9 1.5 1.2 0.9 0.6 2.0 2.5 2.8 3.0 2.8 2.5 2.3 1.8 1.4 1.1 0.8 2.3 2.5 2.6 2.4 2.2 1.8 1.4 1.1 0.8 2.2 2.4 2.5 2.3 1.9 1.5 1.1 0.9 2.0 2.3 2.5 2.4 2.2 1.8 1.4 1.0 1.9 2.3 2.5 2.7 2.6 2.3 1.9 1.7 2.2 2.5 3.1 3.3 3.0 2.5 1.3 0.4 1.1 1.5 1.9 2.4 3.2 3.8 3.9 3.6 3.6 2.0 1.1 1.0 1.3 1.6 2.0 2.6 3.6 3.9 10.1 5.9 4.4 2.8 1.7 1.2 1.3 1.5 1.8 2.1 2.6 3.5 4.8 3.6 2.5 1.3 1.5 1.5 1.6 1.6 1.8 2.1 2.4 4.2 2.8 1.7 1.6 1.8 1.9 1.9 1.9 1.8 1.8 1.9 3.1 2.3 1.6 1.2 1.8 2.0 2.3 2.5 2.4 2.3 2.1 1.6 1.3 1.2 1.3 2.0 2.6 3.2 3.5 3.3 2.7 1.1 1.4 2.3 3.2 3.7 3.8 3.7 2.4 3.4 3.8 3.1 A 6.7 TYP C TYP D TYP C E E E F TYP MONUMENT SIGN (LIT INTERNALLY) WATER FEATURE A TRELLIS ABOVE PATIO Revisions:PLAN NO.MOAB TRAMWAYMOAB, UTProject: MOAB TRAM Date: 01/17/19 Drawn By: Checked By:# DATE DESCRIPTION GRAPHICAL SCALE (FT) 1001 New Hampshire ST Lawrence, KS 66044-3045 785-865-2332 01/22/19 E100SITE LIGHTING PLANMKR JAH 0 3015 Moab Tramway Irrigation Plan IRRIGATION SCHEDULE POC: POINT OF CONNECTION ZONE VALVE BOX • • • • • • • MAIN LINE: 1" SCHEDULE 40 PVC SLEEVING -4"SCHEDULE 40 PVC USED WHENEVER IRRIGATION LINES PASS UNDER PAVED OR CONCRETE AREAS. 1' DW \4- ZONE 1 VALVE BOX 7• • • • • • POC . • •11isii tVIiiiiii o• b S ZONE 1 RS G • D HB RS .r • • ••� 1"Main Line • • • •• .• rr •• • • ZONE 2 VALVE BOX IRRIGATION NOTES 1. All irrigation shall be via drip system. 2. Stop & Waste valve to be located in an easily accessible location near the ROC, out of view of patrons. 3. Back -flow preventer shall be installed near the stop and waste valve (per state code). 4. Two individual irrigation zones are needed. Zones 1 shall consist of two valves. One valve for large shade trees and Desert Willows and one valve for shrubs. Zone 2 shall have two valves. One valve for large shade trees and Desert Willows and one valve for shrubs. 3/4" drip lines shall be used, providing water to all planting areas. All lines shall be looped back onto themselves near valve to ensure consistent water pressure throughout. 5. Drip irrigation shall be installed based on water needs. Trees shall be on one individual line and shrubs on another. 5. In planting areas where gravel mulch is present drip lines shall be installed under landscape fabric and are to be pinned and buried under gravel mulch no less than 3" deep. 7. Drip lines shall be run directly to each plant and emitters shall be installed directly into drip lines followed by micro tube (only if needed) leading to each plant for no farther than 3 feet. Emitters shall be sized appropriately for each type of plant based on water needs. Trees shall have 3 six gallon per hour (6 GPH) emitters. Large shrubs shall have 2 two gallon per hour (2 GPH) emitters each. 8. Landscape Fabric. Polyspun 300 3.5 or heavier shall be used under gravel mulch in all planting areas where gravel mulch is present. 9. Rainbird ESP LXME 5 timer recomended. 10. Sleeving and irrigation shall be installed to all parking lot planters. 4" sleeving is required under all hardscape where irrigation need pass under. 11. Sleeving shall be planned for and installed prior to concrete and asphalt installation, as per plan, ensuring access to all planting areas. 12. All planters shall be backfilled with acceptable fill soil to five inches (5") below top of curb where gravel mulch is present and should be free of rock and construction debris, providing consistent planter beds. 13. Install flush valve at furthest point from irrigation supply point on all drip lines. 14. Thoroughly flush lateral and drip lines prior to emitter installation. 15. Test all lines for proper operation prior to covering. 16. Landscape Contractor shall ensure there is an easily accessible tie-in point for system winterization. 0 15 30 GRAPHICAL SCALE (FT) KrIoW a b e ko lv. Cali tnfore youdl�g. ❑ESCRIPTION 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088 PLAN NO. LS1 Q1 Project: MOAB TRAM Date: 01 /10/19 Drawn By: ABR Checked By: XX FOR REVIEW ONLY NOT FOR CONSTRUCTION Moab Tramway Landscape Plan Proposed Shade Sails Undulating Planters G'Park Benches Lower Patio Detail DW ❑ 15 30 GRAPHICAL SCALE (FT) Water Feature 1 B" Raised Seat Wall HB a ,. 1 /4" Red Gravel Mulch , 7 �t J PLANT LEGEND: Size: Quantity Celtis occidentalis Hackberry #15 12 Gleditsia triacanthos Honey Locust #15 10 Chilopsis linearis Desert Willow #15 19 Perovskiaatriplicifolia Russian Sage #1 25 Rhus aromatica 'Gro-Low' G ro Low Sumac #1 36 5porobolusgiganteus Giant Dropseed Grass #1 29 Yucca baccata Banana Yucca #5 26 Nesperaloe parviflora Red Yucca #5 43 Landscape Boulders 3-5' 66 N N rzz• r ,`. Zizz.X\, i N r r� st N N 0 15 30 GRAPHICAL SCALE (ET) Know what's below% C811 before you dig, DESCRIPTION Lu o 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088 PLAN No. LS'100 Project: MOAB TRAM Date: 01 / 10/ 19 Drawn By: ABR Checked By: XX FOR REVIEW ONLY NOT FOR CONSTRUCTION PRELIMINARY DRAINAGE REPORT SITE PLAN APPLICATION CITY OF MOAB, UTAH JANUARY 24, 2019 SET Engineering Moab Tramway – Preliminary Drainage Report 2 |Page I hereby certify that this Preliminary Drainage Report for the Moab Tramway project was prepared by me (or under my direct supervision) in accordance with the provisions of the Amended Design Criteria for Drainage Studies for the owners thereof. I understand that the City of Moab does not and will not assume liability for drainage facilities designed by others. Signature _____________________________ Jeff Pillus, Registered Professional Engineer State of Utah No. _________ Seal Moab Tramway – Preliminary Drainage Report 3 |Page EXECUTIVE SUMMARY The Moab Tramway project is located at 1750 N. Main St., City of Moab, State of Utah Parcel ID No. 0- 0126-0012. The scope of this project involves revitalizing the Moab Tramway facility along with constructing a 7,500 sf building addition and associated site and infrastructure improvements. The building addition will be used for retail. The proposed development will include improvements on both Lot 1 and Lot 2 of the Tram Subdivision. Lot 1 is approximately 10.48 acres and will remain undeveloped except for some shared parking improvements. The Moab Tramway project includes improvements to Lot 2 which is 14.59 acres. There are proposed grading and access improvement on the County owned property to the north. There are no planned improvements to the upper tram facility as part of this project, other than what is required by the building department for general operations. See the attached Site Plan for additional detail on the scope of Moab Tramway project improvements. Drainage and grading improvements are required to provide a functional site. This includes over-lot grading, storm drain collection system improvements, and the installation of detention and water quality facilities. The site hydrology and required detention volume was analyzed using the NRCS TR-55 method. Hydraulics were analyzed using industry standard methods. Under developed conditions runoff from the site will increase due to the development. Runoff will be detained on site to meet City requirements. See the attached Overall Drainage Plan for additional detail on the drainage improvements and location of the detention and Water Quality facilities. BACKGROUND The City of Moab requires a drainage analysis be completed to demonstrate grading and drainage improvements for this project will be completed per City of Moab Code requirements. The intent of this report is to analyze the proposed development against historic conditions and to provide mitigation for the impacts of the project to the stormwater runoff process accordingly. The project is located at the north end of the City of Moab and bound by State Hwy 191 to the west, Lions Park to the north, undeveloped areas to the south, and federal lands to the east. Existing Conditions The Moab Tramway project site was previously developed but is not in operation. The site includes the base tram building along with site and parking improvements. The parking area includes curb and gutter but was not paved and remains a gravel surface. Based on Google Earth imagery, prior to the Tram project, the site was native undeveloped land. Proposed Conditions Moab Tramway – Preliminary Drainage Report 4 |Page The project site includes improvements of approximately 1.5 acres of land. The project will include the following improvements. See the attached project construction drawings for additional detail. •7,500 sf building addition (see arch. plans) •Improvements to the existing Moab Tram building (see arch plans) •Installation of utility services •Installation of parking facilities and site amenities •Landscaping and Lighting improvements •Drainage facilities to convey and control Stormwater runoff OFFSITE FLOWS The site is located at the bottom of a relatively steep ridge. Unconcentrated runoff from the ridge above the site is generally directed towards the project. No major drainageways which create areas of focused runoff were evident, however unconcentrated run-on from the hillside to the east can be expected. ONSITE FLOWS For the purpose of this study, The portion of the project site which will be developed was divided into 3 drainage basins: Basin 1 generally includes the improvements within the northern portion of Lot 2 and is 0.50 acres in size. Basin 2 includes the proposed improvements within the southern portion of Lot 2 and is 0.86 acres in size. Basin 3 includes the developed portion of Lot 2 and is 0.36 acres in size. Because Lot 1 and Lot 2 will have different owners, the grading design has been developed to separate the runoff into separate points of discharge. For all three basins, Runoff will follow historic patterns which generally flows east to west towards HWY 191. Runoff from each basin will be conveyed to decentralized Detention and Water Quality facilities. Facility 1 is located at the NW corner of the project which will collect runoff from the building and adjacent site. Facility 2 is located between UDOT Right of Way and the main parking area. Facility 3 is located west of the parking area on Lot 1. Facility 3 is temporary in nature and may require removal and/or replacement when Lot 1 is developed. The following table displays calculated runoff for existing and historic conditions using the NRCS TR-55 method. TR-55 Input and Output reports can be found in the Appendix. Moab Tramway – Preliminary Drainage Report 5 |Page Moab Tramway Drainage Summary Table - NRCS TR-55 Method Basin ID #Basin Size Existing Proposed (Ac)CN Q2 (cfs) Q10 (cfs) Q100 (cfs) CN Q2 (cfs) Q10 (cfs) Q100 (cfs) 1 0.5 60 0.00 0.00 0.14 80 0.08 0.28 0.85 Subtotal 0.5 0.00 0.00 0.14 0.08 0.28 0.85 2 0.86 67 0.00 0.10 0.41 85 0.50 1.08 2.28 Subtotal 0.86 0.00 0.10 0.41 0.50 1.08 2.28 3 0.36 67 0.00 0.10 0.41 89 0.13 0.33 0.79 Subtotal 0.36 0.00 0.10 0.41 0.13 0.33 0.79 TOTALS 1.72 0.00 0.10 0.55 0.58 1.36 3.13 ONSITE DETENTION The NRCS TR-55 method was used to determine the required capacity of the detention facilities. Detention volume calculations are shown below. Much of the runoff from the site will infiltrate into the detention pond for minor events. Assumed infiltration rates for the Type A soil are between 2 and 6 minutes per inch which would allow the full pond volumes to drain through infiltration in just over 6 hours Runoff which does not infiltrate during the larger events will be discharged through the overflow structure which is either a grated in inlet for Facilities 1 and 2, and a rip rap weir for Facility 3. Infiltration calculations are attached in the appendix. Moab Tramway – Preliminary Drainage Report 6 |Page STORM DRAIN SYSTEM The proposed storm drain system for the project was developed to increase connected impervious areas by conveying runoff overland rather than through inlets and pipes. The grading plan and concept was developed to convey run-on from the hillside above around the building. The north side of the building and site area will be conveyed to Facility 1. An inlet is proposed along the east side of the walk to capture runoff prior to it crossing the sidewalk. This inlet will also capture run-on from the hillside above and runoff from the north side of the building and patio areas. Facility 1 includes a proposed 24” dia. inlet and 12” HDPE pipe which connects to the existing storm drain system in HWY 191 at historic rates. This inlet will convey runoff not contained in Facility 1 to the storm drain system. Runoff from the south side of the south side of the building, adjacent patio areas, and major parking area will generally be directed towards Facility 2 through the curb and gutter system. Three curb cuts are proposed along the west side of the parking area to distribute runoff to Facility 2. Facility 2 includes a proposed 24” dia. inlet and 12” HDPE pipe which connects to the existing catch basin. This inlet will convey runoff not contained in Facility 2 to the storm drain system at historic rates. In addition, an overflow weir is proposed in the case that the inlet is clogged. The overflow will direct runoff to an existing catch basin on the east side of the bike path. Basin 1 Basin 2 Basin 3 Units Notes Area 0.50 0.86 0.36 ac qo=0.14 0.50 0.23 cfs Greater of two values (historic 100-year 24-hr storm runoff peak rate of discharge and .03 cfs/acre County design requirement) was used for analysis qi=0.85 2.28 0.79 cfs Post-development 100-year 24-hr storm runoff peak rate of discharge qo/qi=0.16 0.22 0.29 V s /Vr=0.49 0.438 0.39 NRCS Figure 6-1, Type II Rainfall Am =0.5 0.86 0.36 ac Am =0.001 0.001 0.001 sq. mi Q =0.667 1.125 0.83 in Proposed runoff in in. from Win TR55 TR-20 Report (100-yr storm) V r =0.03 0.08 0.02 ac-ft Vs =0.014 0.035 0.010 ac-ft Vs =593 1,538 423 cf Detention Volume Required Vs =712 1,846 508 cf Detention Volume Required (20% Increase per Grand County design requirements) Vprovided =771 2,153 531 cf Detention Volume Provided Moab Tramway Detention Volume Calculation - NRCS TR-55 Method ܸ௦ =ܸ௥ ܸ௦ܸ௥ ܸ௥ =53.33 ×ܳ ܣ௠ Moab Tramway – Preliminary Drainage Report 7 |Page Runoff from the Lot 1 improvements will be directed to Facility 3. This facility is temporary in nature and may require removal and replacement when Lot 1 develops. Unconcentrated Runoff is conveyed to this facility through overland flow. A rip rap overflow weir is proposed to convey runoff beyond the 100 yr event at historic rates. EROSION CONTROL The contractor shall obtain a permit for construction phase Stormwater management as required by the City of Moab and/or State of Utah. METHODOLOGY In order to be consistent with the City of Moab drainage policies, the NRCS Technical Release No. 55 or Technical Release No. 20 was used for determining the quantity of storm runoff for the project. Manning’s Equation was used to analyze culvert and ditch hydraulics in accordance with standard engineering principles. Volumes and storage release design for regional Glacier Club detention facilities were developed using the NRCS method. The detention facility will utilize a simple weir structure to control releases from the detention facility. Moab Tramway – Preliminary Drainage Report 8 |Page APPENDICES Appendix A: C200 – Overall Grading, Drainage, and Erosion Control Plan Appendix B: NRCS Soil Report Appendix C: TR-55 Input and Results (Existing and Proposed) Appendix D: Detention Volume Appendix E: Infiltration Calculations Appendix F: Hydraulic Calculations ELECTRIC BREAKER ELECTRIC BOX FIRE HYDRANT 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088Revisions:PLAN NO. C200 FOR REVIEW ONLY NOT FOR CONSTRUCTIONMOAB TRAMWAYOVERALL GRADING , DRAINAGE ANDEROSION CONTROL PLANMOAB, UTProject: MOAB TRAM Date: 01/2419 Drawn By: ABR Checked By: XX# DATE DESCRIPTIONENGINEERING LLC E GRAPHICAL SCALE (FT) 0 3015 · · · · · · · · · Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 9 Custom Soil Resource Report Soil Map 42732304273280427333042733804273430427348042735304273580427363042736804273230427328042733304273380427343042734804273530427358042736304273680623990 624040 624090 624140 624190 624240 624290 624340 624040 624090 624140 624190 624240 624290 624340 38° 36' 10'' N 109° 34' 33'' W38° 36' 10'' N109° 34' 19'' W38° 35' 55'' N 109° 34' 33'' W38° 35' 55'' N 109° 34' 19'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,280 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Canyonlands Area, Utah - Parts of Grand and San Juan Counties Survey Area Data: Version 13, Sep 13, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Jun 2, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background Custom Soil Resource Report 10 MAP LEGEND MAP INFORMATION imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 11 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 72 Rock outcrop 15.9 57.5% 88 Thoroughfare fine sandy loam,2 to 8 percent slopes 11.7 42.5% Totals for Area of Interest 27.6 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, Custom Soil Resource Report 12 onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 13 Canyonlands Area, Utah - Parts of Grand and San Juan Counties 72—Rock outcrop Map Unit Composition Rock outcrop: 100 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Rock Outcrop Setting Landform: Escarpments, cliffs Down-slope shape: Linear Across-slope shape: Linear 88—Thoroughfare fine sandy loam,2 to 8 percent slopes Map Unit Setting National map unit symbol: 1vnj Elevation: 4,100 to 5,200 feet Mean annual precipitation: 7 to 9 inches Mean annual air temperature: 52 to 54 degrees F Frost-free period: 150 to 170 days Farmland classification: Prime farmland if irrigated Map Unit Composition Thoroughfare and similar soils: 83 percent Minor components: 17 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Thoroughfare Setting Landform: Stream terraces, alluvial flats Landform position (three-dimensional): Tread, talf Down-slope shape: Linear, concave Across-slope shape: Linear, concave Parent material: Alluvium derived from sandstone and shale Typical profile A - 0 to 2 inches: fine sandy loam C - 2 to 60 inches: stratified gravelly loamy sand to fine sandy loam Properties and qualities Slope: 2 to 8 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Occasional Custom Soil Resource Report 14 Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Moderate (about 7.2 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 7e Hydrologic Soil Group: A Ecological site: Desert Sandy Loam (Fourwing Saltbush) (R035XY118UT) Hydric soil rating: No Minor Components Trail Percent of map unit: 10 percent Bluechief Percent of map unit: 7 percent Custom Soil Resource Report 15 WinTR-55 Current Data Description --- Identification Data --- User: Rapiejko Date: 1/17/2019 Project: Moab Tramway Units: English SubTitle: Existing Areal Units: Acres State: Utah County: Grand Filename: C:\Users\andrewr\Dropbox (SET Engineering, LLC)\__SET Business\__SET Projects current\Moab Tram\Drainage\Moab Tramway-Existing.w55 --- Sub-Area Data --- Name Description Reach Area(ac) RCN Tc ------------------------------------------------------------------------------ BASIN 1 Outlet 0.5 60 0.1 BASIN 3 Outlet 0.36 67 0.1 BASIN 2 Outlet 0.86 67 .173 Total area: 1.72 (ac) --- Storm Data -- Rainfall Depth by Rainfall Return Period 1-Yr 2-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr (in) (in) (in) (in) (in) (in) (in) -------------------------------------------------------------------------------- .93 1.17 1.47 1.74 2.13 2.45 2.82 Storm Data Source: User-provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM Rapiejko Moab Tramway Existing Grand County, Utah Storm Data Rainfall Depth by Rainfall Return Period 1-Yr 2-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr (in) (in) (in) (in) (in) (in) (in) -------------------------------------------------------------------------------- .93 1.17 1.47 1.74 2.13 2.45 2.82 Storm Data Source: User-provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM Rapiejko Moab Tramway Existing Grand County, Utah Watershed Peak Table Sub-Area Peak Flow by Rainfall Return Period or Reach 2-Yr 10-Yr 100-Yr Identifier (cfs) (cfs) (cfs) ---------------------------------------------------------------------------------- SUBAREAS BASIN 1 .00 .00 0.14 BASIN 3 .00 .00 0.23 BASIN 2 .00 .00 0.50 REACHES OUTLET .00 .00 0.87 WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM Rapiejko Moab Tramway Existing Grand County, Utah Hydrograph Peak/Peak Time Table Sub-Area Peak Flow and Peak Time (hr) by Rainfall Return Period or Reach 2-Yr 10-Yr 100-Yr Identifier (cfs) (cfs) (cfs) (hr) (hr) (hr) ---------------------------------------------------------------------------------- SUBAREAS BASIN 1 .00 .00 0.14 n/a n/a 12.03 BASIN 3 .00 .00 0.23 n/a n/a 12.02 BASIN 2 .00 .00 0.50 n/a n/a 12.04 REACHES OUTLET .00 .00 0.87 WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM Rapiejko Moab Tramway Existing Grand County, Utah Sub-Area Summary Table Sub-Area Drainage Time of Curve Receiving Sub-Area Identifier Area Concentration Number Reach Description (ac) (hr) -------------------------------------------------------------------------------- BASIN 1 .50 0.100 60 Outlet BASIN 3 .36 0.100 67 Outlet BASIN 2 .86 0.173 67 Outlet Total Area: 1.72 (ac) WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM Rapiejko Moab Tramway Existing Grand County, Utah Sub-Area Time of Concentration Details Sub-Area Flow Mannings's End Wetted Travel Identifier/ Length Slope n Area Perimeter Velocity Time (ft) (ft/ft) (sq ft) (ft) (ft/sec) (hr) -------------------------------------------------------------------------------- BASIN 1 SHEET 100 0.1000 0.011 0.018 SHALLOW 150 0.0200 0.050 0.018 Time of Concentration 0.1 ======== BASIN 3 SHEET 50 0.2500 0.130 0.050 SHALLOW 50 0.0400 0.050 0.004 Time of Concentration 0.1 ======== BASIN 2 SHEET 100 0.0500 0.130 0.167 SHALLOW 50 0.0200 0.050 0.006 Time of Concentration .173 ======== WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM Rapiejko Moab Tramway Existing Grand County, Utah Sub-Area Land Use and Curve Number Details Sub-Area Hydrologic Sub-Area Curve Identifier Land Use Soil Area Number Group (ac) -------------------------------------------------------------------------------- BASIN 1 Desert shrub (good) A .35 49 Desert shrub (good) D .15 84 Total Area / Weighted Curve Number .5 60 == == BASIN 3 Desert shrub (good) A .18 49 Desert shrub (good) D .18 84 Total Area / Weighted Curve Number .36 67 === == BASIN 2 Desert shrub (good) A .43 49 Desert shrub (good) D .43 84 Total Area / Weighted Curve Number .86 67 === == WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:37:20 AM WinTR-55 Current Data Description --- Identification Data --- User: Rapiejko Date: 1/17/2019 Project: Moab Tramway Units: English SubTitle: Proposed Areal Units: Acres State: Utah County: Grand Filename: C:\Users\andrewr\Dropbox (SET Engineering, LLC)\__SET Business\__SET Projects current\Moab Tram\Drainage\Moab Tramway-Proposed.w55 --- Sub-Area Data --- Name Description Reach Area(ac) RCN Tc ------------------------------------------------------------------------------ BASIN 1 Outlet 0.5 80 0.1 BASIN 3 Outlet 0.36 85 0.1 BASIN 2 Outlet 0.86 89 0.1 Total area: 1.72 (ac) --- Storm Data -- Rainfall Depth by Rainfall Return Period 1-Yr 2-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr (in) (in) (in) (in) (in) (in) (in) -------------------------------------------------------------------------------- .93 1.17 1.47 1.74 2.13 2.45 2.82 Storm Data Source: User-provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Rapiejko Moab Tramway Proposed Grand County, Utah Storm Data Rainfall Depth by Rainfall Return Period 1-Yr 2-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr (in) (in) (in) (in) (in) (in) (in) -------------------------------------------------------------------------------- .93 1.17 1.47 1.74 2.13 2.45 2.82 Storm Data Source: User-provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Rapiejko Moab Tramway Proposed Grand County, Utah Watershed Peak Table Sub-Area Peak Flow by Rainfall Return Period or Reach 2-Yr 10-Yr 100-Yr Identifier (cfs) (cfs) (cfs) ---------------------------------------------------------------------------------- SUBAREAS BASIN 1 0.08 0.28 0.85 BASIN 3 0.13 0.33 0.79 BASIN 2 0.50 1.08 2.28 REACHES OUTLET 0.69 1.68 3.92 WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Rapiejko Moab Tramway Proposed Grand County, Utah Hydrograph Peak/Peak Time Table Sub-Area Peak Flow and Peak Time (hr) by Rainfall Return Period or Reach 2-Yr 10-Yr 100-Yr Identifier (cfs) (cfs) (cfs) (hr) (hr) (hr) ---------------------------------------------------------------------------------- SUBAREAS BASIN 1 0.08 0.28 0.85 12.02 11.95 11.94 BASIN 3 0.13 0.33 0.79 12.01 11.94 11.94 BASIN 2 0.50 1.08 2.28 11.94 11.94 11.93 REACHES OUTLET 0.69 1.68 3.92 WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Rapiejko Moab Tramway Proposed Grand County, Utah Sub-Area Summary Table Sub-Area Drainage Time of Curve Receiving Sub-Area Identifier Area Concentration Number Reach Description (ac) (hr) -------------------------------------------------------------------------------- BASIN 1 .50 0.100 80 Outlet BASIN 3 .36 0.100 85 Outlet BASIN 2 .86 0.100 89 Outlet Total Area: 1.72 (ac) WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Rapiejko Moab Tramway Proposed Grand County, Utah Sub-Area Time of Concentration Details Sub-Area Flow Mannings's End Wetted Travel Identifier/ Length Slope n Area Perimeter Velocity Time (ft) (ft/ft) (sq ft) (ft) (ft/sec) (hr) -------------------------------------------------------------------------------- BASIN 1 SHEET 100 0.1000 0.011 0.018 SHALLOW 150 0.0200 0.025 0.014 Time of Concentration 0.1 ======== BASIN 3 SHEET 50 0.0300 0.011 0.016 SHALLOW 50 0.0003 0.025 0.039 Time of Concentration 0.1 ======== BASIN 2 SHEET 100 0.0250 0.011 0.031 SHALLOW 100 0.0100 0.025 0.014 Time of Concentration 0.1 ======== WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Rapiejko Moab Tramway Proposed Grand County, Utah Sub-Area Land Use and Curve Number Details Sub-Area Hydrologic Sub-Area Curve Identifier Land Use Soil Area Number Group (ac) -------------------------------------------------------------------------------- BASIN 1 Commercial & business A .3 89 Desert shrub (good) A .1 49 Desert shrub (good) D .1 84 Total Area / Weighted Curve Number .5 80 == == BASIN 3 Paved parking lots, roofs, driveways A .2 98 Dirt (w/ right-of-way) A .06 72 Desert shrub (good) A .05 49 Desert shrub (good) D .05 84 Total Area / Weighted Curve Number .36 85 === == BASIN 2 Commercial & business A .86 89 Total Area / Weighted Curve Number .86 89 === == WinTR-55, Version 1.00.10 Page 1 1/17/2019 11:31:52 AM Basin 1 Basin 2 Basin 3 Units Notes Area 0.50 0.86 0.36 ac qo=0.14 0.50 0.23 cfs Greater of two values (historic 100-year 24-hr storm runoff peak rate of discharge and .03 cfs/acre County design requirement) was used for analysis qi=0.85 2.28 0.79 cfs Post-development 100-year 24-hr storm runoff peak rate of discharge qo/qi=0.16 0.22 0.29 Vs/Vr=0.49 0.438 0.39 NRCS Figure 6-1, Type II Rainfall Am =0.5 0.86 0.36 ac Am =0.001 0.001 0.001 sq. mi Q =0.667 1.125 0.83 in Proposed runoff in in. from Win TR55 TR-20 Report (100-yr storm) Vr =0.03 0.08 0.02 ac-ft Vs =0.014 0.035 0.010 ac-ft Vs =593 1,538 423 cf Detention Volume Required Vs =712 1,846 508 cf Detention Volume Required (20% Increase per Grand County design requirements) Vprovided =771 2,153 531 cf Detention Volume Provided Detention Pond Volumes Elevation Area Volume ft sf cf Facility 1 3988 320 3989 574 447 3989.5 723 324 Total 771 Facility 2 3997 685 3998 1679 1182 3998.5 2206 971 Total 2153 Facility 3 3998 50 3999 400 225 3999.5 825 306 Total 531 Moab Tramway Detention Volume Calculation - NRCS TR-55 Method ܸ௦ =ܸ௥ ܸ௦ܸ௥ ܸ௥ =53.33 × ܳ ܣ௠ Moab Tramway Detention Facility Iniltration Calculation Area =sf Volume =cf Inf Rate* =2 6 in/hr 0.17 0.50 ft/hr 0.00005 0.00014 ft/s 0.03 0.10 cfs Drain Time=6.39 2.13 hours Area =sf Volume =cf Inf Rate* =2 6 in/hr 0.17 0.50 ft/hr 0.00005 0.00014 ft/s 0.10 0.31 cfs Drain Time=5.86 1.95 hours Area =sf Volume =cf Inf Rate* =2 6 in/hr 0.17 0.50 ft/hr 0.00005 0.00014 ft/s 0.04 0.11 cfs Drain Time=3.44 1.15 hours *Type A Soils- NRCS Soil Map 779 447 Detention Facility 1 Detention Facility 3 Detention Facility 2 723 770 2206 2153 06'6 S0'6 003 S6'0 06'0 S8'0 08'0 Z60Z aun£ spg0 Apedeo;alul;seldolAN 0 0617Z-Z£6 (OLL) • EVVZ-ZE6 (OLL)16Lb8-888 (999) 8690E Ve `13a0;n8 . anuany euoJeA OE LE )seiclopi (4) peaH SD) OCO S9'0 09'0 SS'0 OS'0 WO 017'0 WO On SZ'0 OZ'0 S6'0 014 S0'0 00'0 Ieyo Apedea;qui Nei° paepuelS iseldolAN 00'0 00' 6 007 00'E 00'ti 00'S 00'9 00'L 00'8 0 113 ff GEOTECHNICAL ENGINEERING STUDY MOAB AERIAL TRAMWAY ADDITION Moab, Utah January 29, 2019 Prepared For: Michael Duehrssen Project Number: 55530GE PN: 55530GE January 29, 2019 1 1.0 REPORT INTRODUCTION ................................................................................................ 2 1.1 Scope of Project ................................................................................................................... 3 2.0 GEOTECHNICAL ENGINEERING STUDY .................................................................... 4 2.1 Geotechnical Engineering Study Scope of Service .............................................................. 4 3.0 FIELD STUDY ....................................................................................................................... 6 3.1 Project Location................................................................................................................... 6 3.2 Site Description and Geomorphology .................................................................................. 7 3.3 Subsurface Soil and Water Conditions ................................................................................ 9 3.4 Site Seismic Classification .................................................................................................. 13 4.0 LABORATORY STUDY .................................................................................................... 13 5.0 GENERAL DISCUSSION FOR STABILIZING THE EXISTING TRAM BUILDING FOUNDATION SYSTEM .......................................................................................................... 15 6.0 FOUNDATION RECOMMENDATIONS ........................................................................ 16 6.1 Drilled Piers....................................................................................................................... 17 6.2 Drilled Micropiles .............................................................................................................. 19 6.2.2 Void Form Recommendations for Deep Foundation Systems .................................... 21 6.3 Spread Footings ................................................................................................................. 21 7.0 RETAINING STRUCTURES............................................................................................. 25 8.0 SUBSURFACE DRAIN SYSTEM ...................................................................................... 27 9.0 CONCRETE FLATWORK ................................................................................................. 29 9.1 Interior Concrete Slab-on-Grade Floors ............................................................................ 29 9.2 Exterior Concrete Flatwork Considerations ...................................................................... 31 9.3 General Concrete Flatwork Comments ............................................................................. 31 10.0 BASIC LEVEL SLOPE STABILITY ANALYSES ........................................................ 32 11.0 PAVEMENT SECTION THICKNESS DESIGN RECOMMENDATIONS ................ 37 11.1 Asphalt Pavement Recommendations ............................................................................... 38 11.2 Rigid Concrete Pavement Recommendations ................................................................... 39 11.3 General Parking Area Considerations ............................................................................. 40 12.0 CONSTRUCTION CONSIDERATIONS ........................................................................ 40 12.1 Fill Placement Recommendations ..................................................................................... 41 12.1.1 Natural Soil Fill ........................................................................................................ 41 12.1.2 Granular Compacted Structural Fill ......................................................................... 42 12.2 Excavation Considerations ............................................................................................... 42 12.2.1 Excavation Cut Slopes ............................................................................................... 43 12.3 Utility Considerations ....................................................................................................... 43 12.4 Exterior Grading/Drainage Comments and General Landscape Comments ................... 44 12.5 Shallow Drain System ....................................................................................................... 44 12.6 Soil Sulfate Content, Corrosion Issues ............................................................................. 46 12.7 Radon Issues ..................................................................................................................... 46 13.0 CONSTRUCTION MONITORING AND TESTING .................................................... 46 14.0 CONCLUSIONS AND CONSIDERATIONS ................................................................. 47 PN: 55530GE January 29, 2019 2 1.0 REPORT INTRODUCTION This report presents our geotechnical engineering recommendations for the proposed Moab Aerial Tramway Addition Project. This report was requested by Michael Duehrssen, project owner. The field study was completed on January 9, 2019. The laboratory study was completed on January 28, 2019. This report provides geotechnical engineering recommendations that may include comments regarding the site geology as it pertains to the geotechnical engineering evaluation and associated recommendations for this site. We have also performed limited scope slope stability analyses and associated recommendations for the proposed unreinforced excavation cut slopes associated with the project addition. This report should not be misinterpreted as a geological report or geologic hazard report, and does not provide in depth analyses for potential geological hazards such as potential rock fall or debris flow activity. We are available to provide a geological hazard study for the project at your request. Geotechnical engineering is a discipline which provides insight into natural conditions and site characteristics such as; subsurface soil and water conditions, soil strength, swell (expansion) potential, consolidation (settlement) potential, and slope stability considerations. The information provided by the geotechnical engineer is utilized by many people including the project owner, architect or designer, structural engineer, civil engineer, the project builder and others. The information is used to help develop a design and subsequently implement construction strategies that are appropriate for the subsurface soil and water conditions, and slope stability considerations. It is important that the geotechnical engineer be consulted throughout the design and construction process to verify the implementation of the geotechnical engineering recommendations provided in this report. The recommendations and technical aspects of this report are intended for design and construction personnel who are familiar with construction concepts and techniques, and understand the terminology presented below. The geotechnical engineering report is the beginning of a process involving the geotechnical engineering consultant on any project. It is common for unforeseen, or otherwise variable subsurface soil and water conditions to be encountered during construction. As discussed in our proposal for our services, it is imperative that we be contacted during the foundation excavation stage of the project to verify that the conditions encountered in our field exploration are representative of those encountered during construction. Compaction testing of fill material and testing of foundation concrete are equally important tasks that should be performed by the geotechnical engineering consultant during construction. We should be contacted during the construction phase of the project and/or if any questions or comments arise as a result of the information presented below. PN: 55530GE January 29, 2019 3 The following outline provides a synopsis of the various portions of this report;  Sections 1.0 and 2.0 provide an introduction and an establishment of our scope of service.  Sections 3.0 and 4.0 of this report present our geotechnical engineering field and laboratory studies  Sections 5.0 through 11.0 presents our geotechnical engineering design parameters and recommendations which are based on our engineering analysis of the data obtained.  Section 12.0 provides a brief discussion of construction sequencing and strategies which may influence the geotechnical engineering characteristics of the site. The discussion and construction recommendations presented in Section 12.0 are intended to help develop site soil conditions that are consistent with the geotechnical engineering recommendations presented previously in the report. Ancillary information such as some background information regarding soil corrosion and radon considerations are presented as general reference. The construction considerations section is not intended to address all of the construction planning and needs for the project site, but is intended to provide an overview to aid the owner, design team, and contractor in understanding some construction concepts that may influence some of the geotechnical engineering aspects of the site and proposed development. The data used to generate our recommendations are presented throughout this report and in the attached figures. 1.1 Scope of Project We understand that the proposed project will consist of designing and constructing an addition that will be located immediately adjacent to the northwest corner of the existing aerial tramway building (referred to as tram for the remainder of this report). We are not currently aware of the particular foundation design details for the existing tram building, however we suspect that the existing structure is supported by spread footings that bear at approximate code frost depth elevation. We suspect that the existing components that support the aerial tram such as the tram poles and motor/cable bases are anchored in some fashion into the formational materials that underlie the project site. As discussed in Section 5.0 of this report, it is likely that the portion of the existing tram building foundation system that will be located above and adjacent to the new proposed addition will need to be temporarily underpinned/stabilized during the construction of the new addition. We have provided a discussion regarding potential shoring elements that may be considered to temporarily support the existing structure foundation system. The project structural engineer and/or shoring design engineer will need to provide the specific details for the existing tram building shoring design. PN: 55530GE January 29, 2019 4 Figure 3.3 presented in Section 3.3 of this report may be referenced to help clarify the following discussion. The new addition is proposed to be two levels. The finished floor elevation for the upper level of the addition will be at the same approximate ground surface elevation that presently surrounds the existing tram building. The lower level will consist of walk out basement with a finished floor elevation about 12 feet below the ground surface elevation that presently surrounds the existing tram building. The walkout basement level retaining walls will retain up to about 12 feet of soil backfill materials. The walk-out level of the new addition will access a patio area that will provide access to the existing bike path located around the southern side of the Lions Club Park. Unrestrained excavation cut slopes are proposed above portions of the patio area. We understand that the proposed unrestrained excavation cut slopes have been designed with a slope inclination of 2:1; horizontal to vertical (h:v) with a vertical relief of about 14 feet. We understand that a portion of the existing gravel surface parking area located to the southeast of the existing tram building will be paved as part of the project. We have provided asphalt pavement recommendations for the new proposed parking area in Section 11.0 below. 2.0 GEOTECHNICAL ENGINEERING STUDY Our services include a geotechnical engineering study of the subsurface soil and water conditions of this site for development of a foundation design for the new addition, and pavement section thickness designs for the project parking area. 2.1 Geotechnical Engineering Study Scope of Service The scope of our study which was delineated in our proposal for services, and the order of presentation of the information within this report, is outlined below. Field Study • We advanced four continuous flight auger test borings within the areas we understand are planned for construction of the proposed addition structure, and six shallow auger test borings in select areas of the existing gravel surfaced parking area. • Select driven sleeve and bulk soil samples were obtained from the test borings and returned to our laboratory for testing. Laboratory Study • The laboratory testing and analysis of the samples obtained included; PN: 55530GE January 29, 2019 5  Moisture content and dry density,  Estimates of soil strength parameters based on laboratory testing, including direct shear strength tests, to help establish a basis for development of lateral earth pressure values for the site soil materials,  Swell/consolidation tests to help assess the expansion and consolidation potential of the support materials on this site to help estimate potential uplift associated with expansive soil/formational conditions, and to help estimate settlement of the foundation system,  Plastic and liquid limit tests to determine the Plasticity Index of the soil,  Sieve analysis tests,  Moisture content/dry density relationship (Proctor) tests for the subgrade soils encountered below the existing parking area aggregate materials, and,  California Bearing Ratio (CBR) tests to assess the strength characteristics of the subgrade soils that underlie the existing parking area aggregate materials. Geotechnical Engineering Recommendations • This report addresses the geotechnical engineering aspects of the site and provides recommendations including; Geotechnical Engineering Section(s)  Subsurface soil and water conditions that may influence the project design and construction conditions/considerations.  Geotechnical engineering design parameters including;  Viable foundation system concepts including soil bearing and/or bond capacity values.  Settlement considerations for the foundation system concepts that are viable for this project.  Lateral Earth Pressure values for design of retaining structures.  Flexible asphalt concrete pavement thickness considerations.  Soil support considerations for interior and exterior concrete flatwork.  A basic evaluation of the post-construction slope stability aspects for the proposed unrestrained excavation cut slopes associated with the patio area of the project. Construction Consideration Section  Fill placement considerations including cursory comments regarding site preparation and grubbing operations. PN: 55530GE January 29, 2019 6  Considerations for excavation cut slopes.  Natural soil preparation considerations for use as backfill on the site.  Compaction recommendations for various types of backfill proposed at the site.  Utility trench comments.  Cursory exterior grading considerations. • This report provides design parameters, but does not provide foundation design or design of structure components. The project architect and structural engineer may be contacted to provide a design based on the information presented in this report. • Our subsurface exploration, laboratory study and engineering analysis do not address environmental or geologic hazard issues other than expansive soil conditions and basic level slope stability modeling. 3.0 FIELD STUDY 3.1 Project Location We understand that the project site address is designated as 1750 North Highway 191. The project site is located adjacent to the northeast side of North Highway 191, about 400 feet southeast of the intersection of North Highway 191 and Highway 128. The project site is located within Grand County Limits, just south of the Lions Club Park recreation area. The approximate location of the project site is provided on Figure 3.1 presented below. The imagery used for Figure 3.1 was obtained from Google Earth. A more detailed aerial view of the project site is presented on Figure 3.2 in Section 3.2 below. PN: 55530GE January 29, 2019 7 Figure 3.1: Approximate Project Location 3.2 Site Description and Geomorphology We understand that the existing tram facility was constructed about 20 years ago, but was never fully operational. The existing development includes the tram building and other related tram infrastructure, a gravel surface parking area that we suspect was proposed to be paved as part of the original project, and concrete flatwork such as sidewalks and curb and gutter. In general, the existing concrete flatwork appears to be relatively sound with minimal evidence of past movement. We observed evidence of some movement (likely settlement) of the concrete flatwork associated with entryway into the existing tram structure. The ground surface across the existing improved portions of the facility is relatively flat, created in part by past excavations and likely limited placement of fill materials. Extensive steep sloped surfaces and cliff outcrops composed of the Chinle, Wingate Sandstone, and Kayenta Formations are located above and to the east-northeast of the existing tram building and parking area. Approximate Project Location PN: 55530GE January 29, 2019 8 The Chinle Formation is located/exposed at the approximate project elevation. We encountered the Chinle Formation in our test borings advanced for the proposed addition structure. The Chile Formation is generally composed of interbedded layers of red to brown colored sandstone, siltstone, and mudstone/claystone materials. The claystone materials exhibit a moderate to high swell potential. We observed existing excavation cut slope surfaces associated with the past project development within the formational materials in areas above and to the northeast of the existing tram building and parking area. The inclination of these cut slope surfaces is in the range of about 2:1 to 1½:1 h:v. We did not observe evidence of deep-seated slope movement within the existing excavation cut slopes, however we did observe evidence of past erosion on the slope surfaces. Erosional deposits of soil materials were noted at the base areas of the existing excavation cut slope surfaces above the tram building and existing parking area. Some of these erosional soil deposits are apparent on Google Earth aerial imagery. Figure 3.2 presented below indicates obvious areas where past erosional and possibly limited debris flow depositions have occurred in the past (Google Earth imagery date: 6/8/2013). We also noted evidence of rockfall activity on the slope surfaces above the project site. Figure 3.2: Site Description Features Deposition of soil materials from past erosional activity Deposits from past erosion and potential debris flow activity below existing drainage channel PN: 55530GE January 29, 2019 9 It should be noted that continued soil deposition from general erosional activity and possible future debris flow and/or rockfall activity will likely continue to occur in the areas noted above as well as other sloped surfaces in areas adjacent to the project site (such as the slope surfaces between the existing bike path and the subject property). Periodic maintenance including removal of debris will likely need to be performed in the future. If possible, we recommend that access be maintained for equipment to aid in the excavation of potential accumulated debris and maintenance of the slope surfaces that surround the project site. Based on our cursory review of the preliminary project civil plans developed by SET Engineering, it appears that access for maintenance type equipment can be maintained. 3.3 Subsurface Soil and Water Conditions We advanced four continuous flight auger test borings in the vicinity of the proposed addition structure (Test Borings TB-1 through TB-4), and six shallow auger test borings in select locations of the existing parking area (Test Borings TB-5 through TB-10). The approximate locations of our test borings shown on Figure 3.3 below are indicated on the preliminary site plan developed by SET Engineering. We have also provided the approximate test boring locations relative to Google Earth imagery on Figure 3.4 below (imagery date: 7/27/2015). The logs of the soils encountered in our test borings are presented in Appendix A. The location of Test Boring TB-2 was influenced by a suspected subsurface sewer line outside the northwest corner of the existing tram building. PN: 55530GE January 29, 2019 10 Figure 3.3: Approximate Test Boring Locations Relative to the Preliminary Project Grading Plans N TB-1 TB-2 TB-3 TB-4 TB-5 TB-6 TB-7 TB-8 TB-9 TB-10 PN: 55530GE January 29, 2019 11 Figure 3.4: Approximate Test Boring Locations Relative to Google Earth Imagery The approximate test boring locations shown on the figures above were prepared using notes taken during the field work and are intended to show the approximate test boring locations for reference purposes only. N TB-1 TB-2 TB-3 TB-4 TB-5 TB-6 TB-7 TB-8 TB-9 TB-10 PN: 55530GE January 29, 2019 12 General Description of Subsurface Conditions in Test Borings TB-1 through TB-4 Test Borings TB-1 through TB-4 were advanced in the vicinity of the proposed addition structure. In Test Borings TB-1, TB-2 and TB-4 we generally encountered a mixture of medium dense to dense sand and gravel with a clay soil matrix from the ground surface to a depth ranging from about 1 to 2½ feet below the ground surface where we encountered the Chinle Formation. In Test Boring TB-3 we encountered dense sand and gravel with a clay soil matrix to a depth of about 6 feet below the ground surface elevation where we encountered the Chinle Formation. The formational materials encountered generally consisted of sandy claystone and siltstone materials with interbedded layers of very hard sandstone. Standard penetration tests within the formational materials varied from as low as about N=21 to as high as no penetration (refusal of the sampling barrel). We experienced near auger refusal in some of the harder sandstone layers, however these layers were typically only about 1 to 2 feet thick with softer underlying claystone materials, allowing us to “break through” the harder sandstone layers with our auger drilling equipment. Test Borings TB-1 through TB-4 were advanced to depths ranging from about 16 to 34 feet below the ground surface elevation. The claystone materials encountered in Test Boring TB-1 at depths ranging from about 6 to 13 feet below the ground surface elevation exhibits a very high swell potential. The sandier claystone materials encountered in our other test borings exhibit a low to moderate swell potential. We anticipate that the formational materials can generally be excavated with conventional large excavation equipment to our understanding of the project excavation depths. This may require substantial effort in some of the harder sandstone layers. We anticipate that excavator mounted hydraulic or pneumatic hammers may be needed to excavate through the more competent formational materials. Based on our limited subsurface data we do not anticipate that mass blasting will be necessary for the project excavation. If needed, we recommend that less invasive excavation concepts be explored such as expansion grouts or lower energy and more confined blasts to excavate through the harder sandstone layers that may be encountered. The very hard sandstone layers encountered in our borings to our understanding of the project excavation depths, exhibit limited thickness with softer claystone materials underlying the harder sandstone layers. General Description of Subsurface Conditions in Test Borings TB-5 through TB-10 Test Borings TB-5 though TB-10 were advanced in select areas of the existing gravel surfaced parking area. In general, we encountered about 6 to 7 inches of existing 1-inch minus aggregate base course material overlying the site subgrade soils. Some of the aggregate materials were contaminated with sandy clay soil materials from past erosional activity. Up to about 2 inches of sandy clay soil associated with past erosional deposition was encountered over the existing PN: 55530GE January 29, 2019 13 aggregate materials in Test Borings TB-6 and TB-7. As discussed in Section 11.0 below, we do not recommend reusing the existing aggregate base course materials for the proposed asphalt pavement parking area section due to the contaminated nature of some of the existing aggregate materials. The subgrade soils encountered varied from being composed of dense silty sand materials to stiff sandy clay soil materials with varying quantities of gravel and cobbles. We encountered weathered formational claystone materials in Test Boring TB-6 and TB-10 at depths ranging from about 2 to 3 feet below the ground surface elevation. Test Borings TB-5 through TB-10 were advanced to depths ranging from about 3 to 4 feet below the ground surface elevation. We did not encounter free subsurface water in our test borings at the time of the advancement of our test borings at the project site. We suspect that the subsurface water elevation and soil moisture conditions will be influenced by snow melt and/or precipitation and local future landscape irrigation. The logs of the subsurface soil conditions encountered in our test borings are presented in Appendix A. The logs present our interpretation of the subsurface conditions encountered exposed in the test borings at the time of our field work. Subsurface soil and water conditions are often variable across relatively short distances. It is likely that variable subsurface soil and water conditions will be encountered during construction. Laboratory soil classifications of samples obtained may differ from field classifications. 3.4 Site Seismic Classification The seismic site class as defined by the 2015 International Building Code and Chapter 20 of ASCE 7 is based on some average values of select soil characteristics such as shear wave velocity, standard penetration test result values, undrained shear strength, and plasticity index. Based on our standard penetration field tests and laboratory test results we feel that the subsurface conditions for the project are consistent with the criteria for a Site Class C designation. 4.0 LABORATORY STUDY The laboratory study included tests to determine soils types, estimate the strength potential of the site soil materials, and swell and consolidation potential of the site soil/formational materials. We performed the following tests on select samples obtained from the test borings. Moisture content and dry density; the moisture content and in-situ dry density of some of the soil/formational material samples waw assessed. The results of these tests are tabulated in Table 4.1 below. PN: 55530GE January 29, 2019 14 Sieve Analysis and Atterberg Limits; the plastic limit, liquid limit and plasticity index as well as the material grading of select soil samples was determined. The results of the sieve analysis and Atterberg Limits tests are presented on Figures 4.1 through 4.5 of Appendix B. The soil samples that overlie the formational materials that were tested classify as a USCS type SC clayey sand. The subgrade soils encountered in the existing parking area generally classify as a USCS type CL or AASHTO type A-4 sandy lean clay. The samples of the existing aggregate materials that were encountered and tested from the existing gravel surfaced parking area generally classify as USCS type GM to GP or AASHTO type A-2-4 silty gravel with sand. Swell-Consolidation Tests; the one dimensional swell-consolidation potential of some of the samples obtained from the formational claystone materials was determined in general accordance with constant volume methodology. The soil samples tested were exposed to varying loads and inundated with water at surcharge loads of 100 and 500 pounds per square foot. The one- dimensional swell-consolidation response of the soil sample to the loads and water are represented graphically on Figures 4.6 through 4.9 of Appendix B. The samples tested exhibited a highly variable swell potential, ranging from a low to high swell potential. A synopsis of some of the laboratory information obtained from the swell-consolidation tests is tabulated below. Table: 4.1: General Swell-Consolidation Test Result In formation Sample Designation Moisture Content (percent) Dry Density (PCF) Measured Swell Pressure* (PSF) Swell Potential (Percent) TB-1 @ 8.5 feet 9.1 128.8 5,070 8.2 (surcharge load 100 psf) TB-2 @ 4.5 feet 6.3 136.4 1,650 2.0 (surcharge load 100 psf) TB-2 @ 13 feet 6.3 126.5 1,470 1.5 (surcharge load 500 psf) TB-3 @ 15 feet 4.4 121.8 920 1.0 (surcharge load 100 psf) *NOTE: We determine the swell pressure as measured in our laboratory using the constant volume method. The graphically determined swell pressure may be different from that measured in the laboratory. Direct Shear Strength tests; Direct shear strength tests were performed on the soil materials that overlie the formational materials obtained from Test Boring TB-3. The results of the direct shear strength tests are presented on Figure 4.10 of Appendix B. We used an angle of internal friction (phi) of 32 degrees and a cohesion of about 50 pounds per square foot in our analyses. PN: 55530GE January 29, 2019 15 Moisture content-dry density relationship (Proctor) tests; We performed laboratory moisture content-dry density tests (modified Proctor) to assess the relationship between the soil moisture content and dry density. The tests were performed on bulk soil samples obtained from the subgrade materials from Test Borings TB-7 and TB-8, as the subgrade soils encountered in these test borings represent the lower strength subgrade materials within the project parking area. The Proctor tests were performed in general accordance with ASTM D1557. The results of the laboratory Proctor tests are presented on Figure 4.11 of Appendix B. We obtained a maximum dry density of about 132.0 pounds per cubic foot at an optimum moisture content of about 10.0 percent. California Bearing Ratio (CBR) Tests; We assessed the pavement section support characteristics of the subgrade soils encountered in Test Borings TB-7 and TB-8. The CBR tests were performed in general accordance with ASTM D1883. The results of the CBR tests are presented on Figure 4.12 of Appendix B. We obtained a CBR of about 4.0 when the subgrade soils are compacted to 90 percent of the maximum dry density as defined by the modified Proctor test. 5.0 GENERAL DISCUSSION FOR STABILIZING THE EXISTING TRAM BUILDING FOUNDATION SYSTEM As previously discussed, we anticipate that a portion of the existing tram building foundation system (northwest corner) may need to be underpinned/stabilized based on our understanding of the location and bearing elevation of the basement level of the proposed addition relative to the existing tram building. The need to underpin/stabilize the existing tram building foundation system will be partially dependent on the type and bearing elevation of the foundation system that was used to support the existing structure, and nature of the formational materials that underlie the structure such as fractures/bedding planes within the formational materials. We anticipate that a conventional shallow bearing (frost depth elevation) spread footing was used to support this area of the existing tram building. As part of the project design and development, we recommend that the existing foundation system be exposed to verify the type and bearing elevation of the foundation system that was used to support the existing tram building. We should be contacted to observe the excavation/exploration of the existing tram building foundation system. The portion of the proposed basement level excavation adjacent to the existing structure must not occur until a foundation support strategy/design is obtained for the existing building. The project shoring design engineer should be consulted for the project shoring needs. There are likely a number of shoring solutions to stabilize the existing tram building foundation system. If the formational materials below the existing structure are relatively competent with minimal fracturing, it may be possible to construct a top-down excavation that is stabilized with a steel PN: 55530GE January 29, 2019 16 reinforced shotcrete surface. However, we recommend that the project budget for a more substantial and robust underpinning strategy such as a micropile type of curtain wall that is generally discussed below. Based on the subsurface conditions encountered in our test borings, we recommend considering a micropile type of underpinning foundation system to stabilize the existing tram building foundation system. Oftentimes, a multi-row micropile curtain wall is constructed for this type of underpinning/stabilization application. Gaining additional lateral capacity to the micropile curtain wall can be achieved by utilizing battered micropiles and/or soil nails that structurally connect to the curtain wall in key locations. The structural connectivity of the battered micropile or soil nail components to the vertical micropile elements can be achieved by using a steel reinforced shotcrete facing that is applied against the outside face of the micropile curtain wall. We have provided anticipated allowable grout bond capacities for micropile elements in Section 6.2 below. We are available to provide capacities for alternative underpinning type foundation elements that are applicable for the project at your request. The project shoring design engineer will need to provide the structural design for the project shoring needs, and in particular will need to evaluate the lateral capacity of the chosen foundation underpinning elements. 6.0 FOUNDATION RECOMMENDATIONS Based on our understanding of the proposed addition structure, the lower finished floor elevation of the addition will extend into the Chinle Formation. We anticipate that portions of the building excavation will extend to relatively competent formational sandstone materials with low associated swell potential, while other portions of the building excavation will extend to less competent claystone materials that do exhibit swell potential. The swell potential of the formational claystone materials encountered and tested in our test borings varies substantially, ranging from a relatively low to high swell potential. It is extremely difficult to predict the potential for movement of a conventional spread footing type of foundation system on this project site due to the highly variable nature of the formational materials and associated variable swell potential of the claystone materials. We have opted to provide recommendations for both a conventional spread footing foundation system and deep foundation systems with grade beams and floor slabs supported over void. The project owner must understand that substantial post construction movement (uplift) of a spread footing foundation system and concrete flatwork may occur if the formational claystone materials below the structure become wetted (take on additional moisture), this is discussed in more detail in Section 6.3 below. The foundation system with the least potential for post construction movement is a deep foundation system such as drilled piers or micropiles with the structure grade beams supported over void. Deep foundation system design concepts which include PN: 55530GE January 29, 2019 17 isolation of shallow components including floor systems supported over void are less likely to experience post-construction movement due to volume changes in the site soil. Our recommendations for drilled piers and micropiles are provided in Sections 6.1 and 6.2 below. Our recommendations for spread footings are presented in Section 6.3 below. The following details must be addressed to help minimize the potential for surface water to migrate to the foundation and concrete flatwork support materials regardless of the type of foundation system that is chosen to support the structure; • Surface drainage around the structure must be carefully designed to limit the potential for surface water to pond around the structure. • We recommend that all drainage features be lined with a relatively robust impermeable liner material (pond liner type material) to limit migration of moisture into the soils below and around the drainage features. • The shallow drain system concept discussed in Section 12.5 below should be incorporated around the structure to further reduce surface water from accessing the foundation support soils. • A foundation drain must be constructed, not only to help limit the potential for hydrostatic pressures to accumulate against the basement level retaining walls, but also to help limit subsurface water from accumulating in the foundation support area of the structure. The integrity and long-term performance of each type of foundation system is influenced by the quality of workmanship which is implemented during construction. It is imperative that all excavation and fill placement operations be conducted by qualified personnel using appropriate equipment and techniques to provide suitable support conditions for the foundation system. 6.1 Drilled Piers Section 6.2.2 below should be referenced for recommendations regarding the placement of void form below the structure grade beams for the drilled pier foundation system. Drilled piers which are designed as end bearing and supported by the clean competent unweathered formational material underlying the site are a viable foundation system option for this project. The drilled pier borings should be advanced a minimum of 14 feet into the formational materials below the grade beam support elevation, and should be advanced to the very hard and competent formational materials. We recommend that a minimum pier diameter of 16 to 18 inches be selected for the project to help aid with the placement of the pier reinforcement steel. An allowable end bearing capacity of 25,000 pounds per square foot may be used for the drilled piers. PN: 55530GE January 29, 2019 18 The drilled piers should be designed to resist uplift associated with swelling of the formational claystone materials. The top of the piers should not be flared, which can allow the soils to “grab” the pier and cause uplift. The claystone materials encountered and tested from our test borings have the ability to exert uplift forces on the drilled piers if the claystone materials around the drilled piers become wetted. We estimate that the site soils may imposed an uplift force of about 3,500 pounds per square foot of pier circumference surface area for the depth of the soils that could become wetted (perhaps the upper 3 to 4 feet of the soil materials surrounding the piers). We encountered near auger refusal in the harder sandstone layers at some of our test boring locations. An experienced pier driller should be selected that has a variety of cutting bit styles and techniques available to advance the borings through the very hard sandstone layers. The piers should be installed using drilling equipment which is good working order and intended for advancing large diameter borings. Proper performance of the drilled piers requires appropriate drilling and installation techniques. All drilled piers must be installed by a contractor who is familiar with pier construction. The piers should be cased, as required by the site soil conditions so that no flares or “mushrooms” exist at the tops of the piers. Flares allow for increased uplift forces to develop in the piers and subsequent movement which may cause damage to the structure. Proper performance of the drilled pier is partially influenced by the character and quality of the concrete used to construct the pier. The particular mix design of the pier concrete should be specified by the project structural engineer. The pier concrete should exhibit a maximum water to cement ratio of 0.45. It may be necessary to use mid- or high-range water reducing concrete admixtures to obtain concrete with both a suitable slump and acceptable concrete compressive strength characteristics. Use of a tremmie and/or pumping equipment should be used to place concrete in drilled pier borings deeper than about 10 feet. We did not encounter free subsurface water in our test borings at the time of our field work. It has been our experience that subsurface water is often encountered along fractures, fissures and joints within the formational material. Occasionally the drilling operations will increase the pore pressures within the adjacent material to produce a small amount of water access to the drilled pier excavation. If water and/or caving soils are encountered during the pier installation operation it may be necessary to dewater the pier excavations and remove any caved soils. Pier concrete should not be conventionally placed if more than a few inches of water exists in the bottom of the pier boring. If the water cannot be pumped out of the boring prior effectively then the pier concrete may be placed with a tremmie or pump placed in the bottom of the boring so that the concrete displaces the collected water. The support elevation of the pier must be thoroughly cleaned prior to placement of the pier concrete. Loose material in the bottom of the pier borings will cause settlement of the pier. The pier support elevation may be cleaned using clean-out tools attached to the drill rig, hand PN: 55530GE January 29, 2019 19 equipment, excavation suction equipment, or a combination of these. Under no circumstances should the pier foundation concrete be placed when loose material exists in the bottom of the borings. The interface between the weathered formational and the underlying competent formational material was relatively obscure in some of our test borings and was a transitional contact in other borings. We should be contacted during construction to aid in determining the appropriate pier support elevation. We should be contacted to measure the depth of the piers, verify the competency of the support materials, and check the plumbness of the piers. 6.2 Drilled Micropiles Micropiles generally consist of a relatively small diameter boring (typically in the range of about 3½ to 6 inches for common applications in the area), with a single reinforcement element (generally with a minimum diameter of about 32 millimeters) centralized within the depth of the boring. The reinforcement steel is then bonded to the surrounding strata with the placement of Portland cement grout. The grout may be pumped through a grouting tube placed to the bottom of the boring for conventional predrilled type micropiles, or may be pumped as the micropile steel is being advanced for injection type anchors that utilize sacrificial cutting heads attached to the bottom of the reinforcement steel. The majority of the load carrying capacity (tension or compression) of a micropile element is gained from the adhesion characteristics of the grout material to the surrounding soil/formational strata. Contribution from end bearing capacity for compressional forces is generally neglected due to the relatively small diameter of the element. Micropiles generally exhibit little capacity to resolve shear or moment forces due to the slender and minimally reinforced nature of the elements. Battered micropiles are often installed to resist lateral/shear forces, or heavier section steel cased micropiles may be used that rely on the steel casing to provide the structural resistance to lateral forces. The micropile elements should be embedded to a minimum depth of at least 20 feet below the structure grade beam elevation. An estimated allowable capacity of 1.5 kips per foot of embedment may be used for the initial micropile design for boring diameters ranging from 3.5 to 4.0 inches. This estimated allowable capacity may be used for both tensional and compression forces. We recommend that the upper 3 feet of the micropile embedment be discounted from the load carrying capacity calculations. We are available to provide estimated tensional and compression capacities for larger diameter micropile elements at your request. The estimated allowable capacity must be verified with testing performed on both sacrificial and production anchors. This micropile testing is discussed in more detain later in this section of the report. We recommend that the following general design and construction procedures be used for micropiles; PN: 55530GE January 29, 2019 20 • The project structural engineer should be contacted to provide specifications regarding the yield capacity and diameter of the reinforcement steel. We generally recommend a minimum bar diameter of at least 32 millimeters and grade 75 steel. • A minimum boring diameter of 3.5 inches should be used to construct the micropiles. • We encountered near auger refusal in some of the harder sandstone layers. The selected drilling equipment/drilling type must be capable of advancing the micropile borings through very hard sandstone materials. • The boring diameter must be appropriately sized for the selected reinforcement steel such that a minimum 1-inch thick grout column between the steel reinforcement and circumference of the boring exists. • Either injection type anchors or predrilled borings with solid bar reinforcement (Type A1 micropiles) may be considered for the project. • For predrilled micropiles, the micropile reinforcement steel should be placed in the boring with appropriately sized centralizers to ensure that the steel reinforcement is centered within the boring. • For predrilled micropiles, the cement grout should be pumped through a tremie tube that is located at the bottom of the micropile boring to verify that the grout column extends from the bottom of the boring to the surface of the boring. • The cement grout should exhibit a maximum water to cement ratio of 0.45 and achieve a minimum compressive strength of at least 5,000 psi at 28 days. The project structural engineer may have additional grout related requirements. Sufficient grout should be pumped into the borings such that the exiting grout exhibits the appropriate water to cement ratio. • The micropile center-to-center spacing should be at least 30 inches or 3 micropile boring diameters, whichever is greater. We recommend that at least two sacrificial micropiles be tested for creep and failure at a load of at least 200 percent of the determined design load for the micropiles. It will likely be necessary to only grout a portion of the sacrificial micropile within the design bond length to achieve failure of the element. The sacrificial test load must not exceed 80 percent of the yield strength of the reinforcement steel. We recommend that proof testing be performed on about 5 percent of the production piles for the project, and that the proof test load schedule to at least 160 percent of the micropile design load. The project structural engineer should determine the actual load testing criteria for the micropiles. We are available to assist with the development of the load testing schedule for the project. We are available to install test micropiles at your request. The test piles will provide additional insight regarding the grout bond strength characteristics of the formational materials. PN: 55530GE January 29, 2019 21 The project structural engineer should be contacted to assess the lateral capacity of the micropile reinforcement steel for temporary shoring applications. We do not recommend accounting for any resistance to lateral forces for the production micropiles that permanently support the structure. Either battered micropile components or heavy section steel cased micropiles may be used to resolve lateral forces that may act on the structure. 6.2.2 Void Form Recommendations for Deep Foundation Systems Grade beams are utilized in a deep foundation system to distribute the structure loads to each of the deep foundation elements. The grade beam reinforcement and associated span distance is developed by the project structural engineer. The structural considerations of the grade beam in association with an assessment of the structure being supported will, in part, determine the spacing between each of the deep foundation elements (drilled piers or micropiles). Regardless of the type of deep foundation being considered, it is imperative that an appropriate void be developed below the grade beam so that swelling soils do not create uplift of the supported structure. Voids are most commonly developed with commercially available cardboard “void forms” that are placed at the bottom of the concrete forms prior to placement of reinforcement steel and the grade beam concrete. If the soils below the grade beam become moistened and expand, the cardboard void form will collapse without the soils having the ability to impose uplift forces on the bottom of the grade beam. The height of the void is often related to the expansion potential of the site soils and anticipated depth of wetting that will develop within the soils below the grade beam. We recommend that minimum void height of at least 4 inches be established for this project. We are available to provide additional information in regard to void forms and associated conditions if additional information is needed. 6.3 Spread Footings As discussed in Section 6.0 above, it is extremely difficult to predict the potential for movement of a conventional spread footing t ype of foundation system on this project site due to the highly variable nature of the formational materials and associated variable swell potential of the clays tone materials. The project owner must understand that regardless of the expansive soil mitigation design concepts that are presented in this report, if the swell pressure generated by the expansive formational materials on this site exceeds the minimum dead load which is imposed by the spread footing or other structural components, and the expansive formational materials become wetted, uplift of the foundation system and other structural components is likely. A deep foundation system such as drilled piers or micropiles (recommendations provided above), will provide the foundation system with the least likelihood of post construction movement associated with soil volume changes. PN: 55530GE January 29, 2019 22 The actual magnitude of the potential uplift of the foundation system depends on the volume (or depth) of the support materials which become moistened after construction. It is difficult to predict the extent and depth of formational support materials that could become moistened during the life of the structure. Based on our experience in the area we feel that it is possible for at least a 2 to 3 foot depth of the formational materials to become moistened if water accesses the support materials. Based on the assumed depth of moistened soil and laboratory test data for the swell-consolidation test sample obtained from Test Boring TB-1, we estimate that the magnitude of the potential uplift of the foundation system could be at least 1½ to 2 inches. Based on the data obtained from the other swell-consolidation test samples (much lower swell potential) we anticipate that the magnitude of potential uplift of the foundation system could be in the range of about ½ to ¾ inch. If a spread footing foundation system is used to support the structure, we recommend that the formational claystone materials encountered in the project excavation in the vicinity of our Test Boring TB-1 location be identified during the project excavation phase. These materials must be completely removed from this area of the structure foundation system excavation. Observations of other portions of the foundation excavation should be made in an attempt to identify other areas where the highly expansive claystone materials are present, and should be removed as necessary. The owner is cautioned that the highly expansive claystone materials that we encountered at our Test Boring TB-1 location may be present in additional areas below the structure footprint area, but below the foundation excavation depth where they cannot be identified and removed, potentially causing future movement of the structure foundation system or concrete flatwork associated with the project. Typically uplift associated with swelling soils occurs only where the foundation support soils have been exposed to water; therefore the uplift may impose shear stresses in the foundation system. The magnitude of the imposed shear stress is related to the swell pressure of the support soil, but is difficult to estimate. Properly designed and constructed continuous spread footings with stem walls (or beams) have the ability to help distribute the forces associated with swelling of the support materials. The rigidity of the system helps reduce differential movement and associated damage to the overlying structure. Swelling of the support materials below isolated pad footings will result in direct uplift of the columns and structural components supported by the columns. Damage to the structure due to this type of movement can be severe. We recommend that isolated pad footings be avoided and that the foundation system be designed as rigid as is reasonably possible. High foundation dead load, careful preparation of the support soils, and careful placement and compaction of stem wall backfill and positive surface drainage adjacent to the foundation system all help reduce the influence of swelling soils on the performance of the spread footing foundation system. We recommend that the footings be designed with a minimum dead load of at least 750 pounds per square foot. If structurally possible, we recommend that a greater dead load in the range of 1,000 pounds per square foot be designed for. PN: 55530GE January 29, 2019 23 The footings should be supported directly by the clean, competent formational materials. If needed a layer of compacted structural fill may be placed between the footings and formational materials in areas that are over-excavated from the removal of claystone materials. We recommend that the maximum depth of structural fill of 30 inches be used, and that the structural fill material consist of well graded granular material. Clean gap-graded aggregate such as concrete aggregate must not be used for structural fill due to the potential to store water within the aggregate void space. Footings supported directly on the formational material may be designed using a bearing capacity of 5,000 pounds per square foot. Footings supported by a blanket of compacted structural fill placed on the formational material may be designed using a soil bearing capacity of 3,500 pounds per square foot. The bearing capacity may be increased by 20 percent due to transient loads. We estimate that the footings designed and constructed above will have a total post construction settlement of about ½ inch of less. If used, the compacted structural fill should be placed and compacted as discussed in the Construction Considerations, “Fill Placement Recommendations” section of this report, below. The zone of influence of the footing (at elevations close to the bottom of the footing) is often approximated as being between two lines subtended at 45 degree angles from each bottom corner of the footing. The compacted structural fill should extend beyond the zone of influence of the footing as shown in the sketch below. A general and simple rule to apply to the geometry of the compacted structural fill blanket is that it should extend beyond each edge of the footing a distance which is equal to the fill thickness. 45 degrees 45 degrees Footing No Scale Footing Zone of Influence Concept Footing Zone of Influence PN: 55530GE January 29, 2019 24 The footing embedment is a relatively critical, yet often overlooked, aspect of foundation construction. The embedment helps develop the soil bearing capacity, increases resistance of the footing to lateral movement and decreases the potential for rapid moisture changes in the footing support soils, particularly in crawl space areas. Interior footing embedment reduces the exposure of the crawl space support soils to dry crawl space air. Reduction in drying of the support soil helps reduce downward movement of interior footings due to soil shrinkage. All footings should have a minimum depth of embedment of at least 1 foot. The embedment concept is shown below. Footings located on, or near slopes (including excavation cut slopes) may need to have an additional embedment to establish a suitable footing/slope stability condition for the system. We should be contacted to provide additional information for footings located on, or near, sloped areas. Footings for the addition (new structure) must be designed and constructed to reduce the influence of the new footings on the support characteristics of the soils supporting the existing tram building foundation system, and/or that the existing tram footings do not negatively influence the new addition structure foundation system or retaining structures. Particular care must be taken to verify that the existing tram building foundation system is not compromised, both for temporary excavation and long-term performance scenarios (generally discussed in Section 5.0 above). We are available to review the foundation design geometry for the new addition structure and existing tram building foundation system as the project plans are developed. Minimum depth of embedment Footing Footing Embedment Concept No Scale PN: 55530GE January 29, 2019 25 All footings should be support at an elevation deeper than the maximum depth of frost penetration for the area. This recommendation includes exterior isolated footings and column supports. Please contact the local building department for specific frost depth requirements. The post construction differential settlement may be reduced by designing footings that will apply relatively uniform loads on the support soils. Concentrated loads should be supported by footings that have been designed to impose similar loads as those imposed by adjacent footings. Under no circumstances should any footing be supported by more than 30 inches of compacted structural fill material unless we are contacted to review the specific conditions supporting these footing locations. The design concepts and parameters presented above are based on the soil conditions encountered in our test borings. We should be contacted during the initial phases of the foundation excavation at the site to assess the soil support conditions and to verify our recommendations. 7.0 RETAINING STRUCTURES We understand that laterally loaded walls will be constructed as part of this site development. Lateral loads will be imposed on the retaining structures by the adjacent soils and, in some cases, surcharge loads on the retained soils. The loads imposed by the soil are commonly referred to as lateral earth pressures. The magnitude of the lateral earth pressure forces is partially dependent on the soil strength characteristics, the geometry of the ground surface adjacent to the retaining structure, the subsurface water conditions and on surcharge loads. Due to the expansive nature of the site soils we do not recommend that the natural clay/claystone materials associated with the project excavation be used for retaining wall backfill. The retaining walls may be designed using the lateral earth pressure values for imported granular soil that are tabulated below. Type of Lateral Earth Pressure Level Granular Soil Backfill (pounds per cubic foot/foot) Active 35 At-rest 55 Passive 460 Allowable Coefficient of Friction 0.45 It may be possible to utilize the aggregate materials from the existing gravel surfaced parking area of retaining wall backfill material. PN: 55530GE January 29, 2019 26 The granular soil that is used for the retaining wall backfill may be permeable and may allow water migration to the foundation support soils. There are several options available to help reduce water migration to the foundation soils, two of which are discussed here. • An impervious geotextile layer and shallow drain system should be incorporated into the backfill, as discussed in Section 12.5 below. • The site clayey soil materials should be placed and be well compacted for a depth of about 1½ to 2 feet, above the shallow drain system. It should be noted that if the site clay soils are used volume changes may occur which will influence the performance of overlying concrete flatwork, if present. The values tabulated above are for well drained backfill soils. The values provided above do not include any forces due to adjacent surcharge loads or sloped soils. If the backfill soils become saturated the imposed lateral earth pressures will be significantly higher than those tabulated above. The granular imported soil backfill values tabulated above are appropriate for material with an angle of internal friction of 35 degrees, or greater. The granular backfill must be placed within the retaining structure zone of influence as shown below in order for the lateral earth pressure values tabulated above for the granular material to be appropriate. Backfill should not be placed and compacted behind the retaining structure unless approved by the project structural engineer. Backfill placed prior to construction of all appropriate structural members such as floors, or prior to appropriate curing of the retaining wall concrete (if used) may result in severe damage and/or failure of the retaining structure. 55 Degrees Retaining wall zone of influence Retaining Structure Retaining Structure Zone of Influence Concept, No Scale Impervious soil backfill for upper 2 feet PN: 55530GE January 29, 2019 27 8.0 SUBSURFACE DRAIN SYSTEM A subsurface drain system and/or weep holes should be included in the retaining structure design. Exterior retaining structures may be constructed with weep holes to allow subsurface water migration through the retaining structures. A drain system constructed with a free draining aggregate material and a perforated pipe should be constructed adjacent to retaining structures or adjacent to foundation walls on sites with expansive soil conditions. We suggest that the system consist of a fabric-wrapped aggregate, or a sand material (some sands may not need fabric, we are available to discuss this with you) which surrounds a rigid perforated pipe. We do not recommend use of flexible corrugated perforated pipe since it is not readily possible to establish a uniform gradient of the flexible pipe throughout the drain system alignment. The drain system pipe should be graded to surface outlets or a sump vault. Typically, a minimum gradient of about 2 percent is preferred for subsurface drain systems, but site geometry and topography may influence the actual installed pipe gradient. Water must not be allowed to pool along any portion of the subsurface drain system. An improperly constructed subsurface drain system may actually promote water access to undesirable locations. The drain system pipe should be surrounded by about 2 to 4 cubic feet per lineal foot of free draining aggregate or sand. If a sump vault and pump are incorporated into the subsurface drain system, care should be taken so that the water pumped from the vault does not recirculate through pervious soils and obtain access to the basement or crawl space areas. A generalized subsurface drain system concept is shown below. PN: 55530GE January 29, 2019 28 There are often aspects of each site and structure which require some tailoring of the subsurface drain system to meet the needs of individual projects. We are available to provide consultation for the subsurface drain system for this project, if desired. Water often will migrate along utility trench excavations in formational material. If the utility trench extends from areas above the site, this trench may be a source for subsurface water within the proposed basements. The utility trench backfill must be thoroughly compacted to help reduce the amount of water migration. The subsurface drain system should be designed to collect subsurface water from the utility trench and fractures within the formational material and direct it to surface discharge points. Perforated pipe surrounded by fabric wrapped free-draining material. Note: The elevation of the pipe will depend on the location in the system at which the cross section is considered. Drain conduit should extend below void form elevation for deep foundation systems. Compacted backfill that meets lateral earth pressure design criteria. Retaining or foundation wall Water proof membrane or similar placed on the foundation wall and extending below outer face of footing and below drain pipe* Pervious drain board or fabric (optional) Footing Subsurface Drain System Concept No Scale Geotextile filter fabric, if appropriate *Note: The use of and placement of an impervious membrane as shown is not recommended where very moist soil conditions exist below the drain system because the membrane may inhibit vapor rise of the soil resulting in increased soil moisture content of the footing support materials. Please contact us if additional information is needed regarding drain system concepts. Impervious backfill for upper 2 feet, or landscape drain. See Section 9.5 more information PN: 55530GE January 29, 2019 29 9.0 CONCRETE FLATWORK We anticipate that both interior and exterior concrete flatwork will be included in the project design. Concrete flatwork is typically lightly loaded and has a limited capability to resist shear forces associated with uplift from swelling soils and/or frost heave. It is prudent for the design and construction of concrete flatwork on this project to be able to accommodate some movement associated with volume changes in the support soils. Interior floors supported over a crawl space or void are less likely to experience movement than are concrete slabs support on grade due to the measured swell potential and swell pressure of the formational claystone materials. The following recommendations are appropriate for interior floor slabs if the owner is willing to accept the risk of potential movement of interior floor slabs supported on grade. 9.1 Interior Concrete Slab-on-Grade Floors Due to the high swell potential of some of the claystone materials that underlie this project site, interior floor slabs should be avoided if possible. Development of sites with walk-out style basements typically utilize the basement floor concrete slab-on-grade to help resolve lateral loads imposed on the basement walls. There are techniques, such as placement of grade beams below a structurally supported floor system to help resolve these loads to allow for construction of a crawl space or void below the lower level floor. The structural engineer should be contacted to provide these recommendations, if they are feasible for the development of this site. If a floor slab is chosen for the lower level floor it is imperative that interior walls are isolated from the lower level floor slab so that movement of the slab associated with swelling soils does not cause uplift of the interior walls and subsequently upper potions of the structure. A primary goal in the design and construction of interior concrete slab-on-grade floors is to reduce the amount of post construction uplift associated with swelling soils, or downward movement due to consolidation of soft soils. A parallel goal is to reduce the potential for damage to the structure associated with any movement of the slab-on-grade which may occur. There are limited options available to help mitigate the influence of volume changes in the support soil for concrete slab-on-grade floors, these include; • Preconstruction scarification, moisture conditioning and re-compaction of the natural soils in areas proposed for support of concrete flatwork, and/or, • Placement and compaction of granular compacted structural fill material. Damage associated with movement of interior concrete slab-on-grade floor can be reduced by designing the floors as “floating” slabs. The concrete slabs should not be structurally tied to the foundations or the overlying structure. Interior walls or columns should not be supported on the interior floor slabs. Movement of interior walls or columns due to uplift of the floor slab can PN: 55530GE January 29, 2019 30 cause severe damage throughout the structure. Interior walls may be structurally supported from framing above the floor, or interior walls and support columns may be supported on interior portions of the foundation system. Partition walls should be designed and constructed with voids above, and/or below, to allow independent movement of the floor slab. The only means to completely mitigate the influence of volume changes on the performance of interior floors is to structurally support the floors. Floors that are suspended by the foundation system will not be influenced by volume changes in the site soils. The suggestions and recommendations presented below are intended to help reduce the influence of swelling soils on the performance of the concrete slab-on-grade floors. Interior concrete flatwork, or concrete slab-on-grade floors, should be underlain by a 1-foot thick layer of compacted structural fill that is placed and compacted as discussed in the Construction Considerations, “Fill Placement Recommendations” section of this report, below. Capillary and vapor moisture rise through the slab support soil may provide a source for moisture in the concrete slab-on-grade floor. This moisture may promote development of mold or mildew in poorly ventilated areas and may influence the performance of floor coverings and mastic placed directly on the floor slabs. The type of floor covering, adhesives used, and other considerations that are not related to the geotechnical engineering practice will influence the design. The architect, builder and particularly the floor covering/adhesive manufacturer should be contacted regarding the appropriate level of protection required for their products. Comments for Reduction of Capillary Rise One option to stop capillary rise through the floor slab is to place a layer of clean aggregate material, such as washed concrete aggregate for the upper 4 to 6 inches of fill material supporting the concrete slabs. Comments for Reduction of Vapor Rise To reduce vapor rise through the floors slab a moisture barrier such as a 6 mil (or thicker) plastic, or similar impervious geotextile material is often be placed below the floor slab. The material used should be protected from punctures that will occur during the construction process. There are proprietary barriers that are puncture resistant that may not need the underlying layer of protective material. Some of these barriers are robust material that may be placed below the compacted structural fill layer. We do not recommend placement of the concrete directly on a moisture barrier unless the concrete contractor has had previous experience with curing of concrete placed in this manner. As mentioned above, the architect, builder and particularly the floor covering/adhesive manufacturer should be contacted regarding the appropriate level of moisture and vapor protection required for their products. PN: 55530GE January 29, 2019 31 The project structural engineer should be contacted to provide steel reinforcement design considerations for the proposed floor slabs. Any steel reinforcement placed in the slab should be placed at the appropriate elevations to allow for proper interaction of the reinforcement with tensile stresses in the slab. Reinforcement steel that is allowed to cure at the bottom of the slab will not provide adequate reinforcement. 9.2 Exterior Concrete Flatwork Considerations Exterior concrete flatwork includes concrete driveway slabs, aprons, patios, and walkways. The desired performance of exterior flatwork typically varies depending on the proposed use of the site and each owner’s individual expectations. As with interior flatwork, exterior flatwork is particularly prone to movement and potential damage due to movement of the support soils. This movement and associated damage may be reduced by following the recommendations discussed under interior flatwork, above. Unlike interior flatwork, exterior flatwork may be exposed to frost heave, particularly on sites with high silt-content soils. It may be prudent to remove silt soils from exterior flatwork support areas where movement of exterior flatwork will adversely affect the project, such as near the interface between the driveway and the interior garage floor slab. If silt soils are encountered, they should be removed to the maximum depth of frost penetration for the area where movement of exterior flatwork is undesirable. If some movement of exterior flatwork is acceptable, we suggest that the support areas be prepared by scarification, moisture conditioning and re-compaction of about 4 inches of the natural soils followed by placement of about 4 to 6 inches of compacted granular fill material. The scarified material and granular fill materials should be placed as discussed under the Construction Considerations, “Fill Placement Recommendations” section of this report, below. It is important that exterior flatwork be separated from exterior column supports, masonry veneer, finishes and siding. No support columns, for the structure or exterior decks, should be placed on exterior concrete unless movement of the columns will not adversely affect the supported structural components. Movement of exterior flatwork may cause damage if it is in contact with portions of the structure exterior. Exterior flatwork should not be placed on soils prepared for support of landscaping vegetation. Cultivated soils will not provide suitable support for concrete flatwork. 9.3 General Concrete Flatwork Comments It is relatively common that both interior and exterior concrete flatwork is supported by areas of fill adjacent to either shallow foundation walls or basement retaining walls. A typical sketch of this condition is shown below. PN: 55530GE January 29, 2019 32 Settlement of the backfill shown above will create a void and lack of soil support for the portions of the slab over the backfill. Settlement of the fill supporting the concrete flatwork is likely to cause damage to the slab-on-grade. Settlement and associated damage to the concrete flatwork may occur when the backfill is relatively deep, even if the backfill is compacted. If this condition is likely to exist on this site it may be prudent to design the slab to be structurally supported on the retaining or foundation wall and designed to span to areas away from the backfill area as designed by the project structural engineer. We are available to discuss this with you. 10.0 BASIC LEVEL SLOPE STABILITY ANALYSES This section of the report provides a general slope stability analysis for the more extensive proposed excavation cut slope surfaces associated with the project. Our stability modeling is local to the proposed excavation cut slopes, and does not address other areas of the extensive slope surfaces above the project site. The slope geometry analyzed is based on the current preliminary project grading plans. Our analyses do not include the influence of subsurface water within the slope mass, as evidence of historic subsurface water within the slope surfaces surrounding the project site was not observed. Measures should be taken to ensure that surface water cannot pond or collect on or above the slope surfaces associated with the project. Accumulation of subsurface water within slope surfaces will greatly reduce the stability of the slopes. Limit of construction excavation Foundation or retaining wall Concrete Slab-on-grade Wall backfill area Wall Backfill and Slab Support Sketch No Scale PN: 55530GE January 29, 2019 33 The cross section shown on Figure 10.1 below was used as a basis for the slope surface geometry used in our analyses. The project preliminary grading plans developed by SET Engineering was used for Figure 10.1, and used to establish the geometry of our slope stability model. The geometry of the slope surface above the excavation cut slope contours shown on the figure below was estimated. Figure 10.1: Location of Cross Section Used for Local Excavation Cut Slope Stability Analysis N Slope Cross Section Analyzed PN: 55530GE January 29, 2019 34 There are numerous methods and techniques available for slope stability analysis. Most methods include an evaluation of; • the strength of the soil materials within the slope, • anisotropies within the slope materials, such as formational material bedding planes, and anomalous soil contacts, • the subsurface water and soil moisture conditions, and, • the pre-construction and post-construction geometry of the slope areas where development and construction are proposed. The data developed during the analysis is condensed and used to estimate the forces within a soil mass that tend to drive movement and the forces that tend to resist movement. The ratio of resisting forces to driving forces is often referred to as the “theoretical slope factor of safety” (FOS) which is a somewhat misleading term to describe this ratio. The ratio is not a true factor of safety, but is a useful mathematical characterization of the forces within a soil mass and the associated stability condition of the slope being analyzed. A ratio of less than 1.0 indicates that the driving forces within a soil mass are greater than the resisting forces, therefore movement of the slope is occurring. A ratio of 1.0 indicates that the driving forces are equal to the resisting forces, which indicates that movement within the slope surfaces can be triggered by only slight increases in the driving forces or slight reductions in the resisting forces. A ratio of greater than 1.0 is an indication that the driving forces are less than the resisting forces and the slope is not moving. Since there are numerous variables and incongruities within most soil masses, a slope is generally not considered as stable unless the ratio is about 1.5 or greater. Generally, slopes or slope/structure combinations with a theoretical factor of safety that is greater than 1.5 are considered appropriate for sites where structures are planned. We used SLIDE 7.0 slope stability software to evaluate the stability of computer modeled slope cross sections of select portions of this site. We primarily used the Modified Bishop’s Method of slices to analyze the computer modeled slopes. The Modified Bishop’s Method of Slices evaluates the resisting and driving forces within slices of the sloped soil mass along a theoretical semi-circular failure plane. The semicircular failure plane with the lowest theoretical factor of safety is labeled the critical circle. We have utilized two soil regions in the slope stability analyses presented below. The exact geometry of the regions has been estimated. • We have used an angle of internal friction (phi) of 32 degrees with no cohesional properties for the shallow soil materials that overlie the formational claystone and sandstone materials. This small sliver region is shown with the color yellow in the analyses below. PN: 55530GE January 29, 2019 35 • The region shown with the color orange indicates the formational sandstone and claystone materials, and comprises the majority of the slope surface. We have assumed an undrained shear strength of about 10,000 pounds per square foot for the formational sandstone and claystone materials. The assumed undrained shear strength is likely more representative of the weaker claystone materials. The interbedded sandstone layers will exhibit a much high undrained shear strength. The analysis presented on Figure 10.2 below indicates the theoretical factor of safety for the proposed 2:1, h:v excavation cut slope surfaces based on the geometr y modelled and soil/formational material parameters used in our analysis. We obtained a factor of safety well above 5.0. Figure 10.2: Theoretical F.O.S. for unreinforced 2:1 (H:V) (27 degrees) excavation cut slopes, FOS>5 PN: 55530GE January 29, 2019 36 The stability characteristics of the proposed excavation cut slope inclination may be regarded as stable, primarily due to the fact that relatively high strength formational materials will comprise the bulk of the excavation cut slope surface. Even though the factor of safety is high for the proposed 2:1, h:v excavation cut slope we do not recommend constructing the project excavation cut slopes steeper than 2:1, h:v if possible, as erosion of the cut slope surfaces will increase with steeper cut slope surfaces. In addition, potential rockfall will gain increased velocity and associated energy if rockfall occurs down steeper cut slope surfaces. We anticipate that the toe area of the unreinforced excavation cut slopes will need to be maintained periodically to clean debris from the toe area of the slopes. The development should include an area between the structures and the toe of the slope surfaces that can be accessed with excavation equipment to periodically remove accumulated debris. Slope Stability Conclusions We understand that at this time, conventional unreinforced excavation cut slope surfaces are proposed for the project. The following discussion provides itemized conclusions/recommendations based on our slope stability analyses and site observations performed to date. • We recommend that an inclination of 2:1; h:v (27 degrees) or flatter be established for the proposed unreinforced excavation cut slopes associated with the project, primarily to help minimize erosional and potential rockfall activity. • Accumulation of debris from erosional activity will likely occur at the toe areas of the unreinforced excavation cut slope surfaces. The project design should include access areas for excavation equipment between the structures and toe areas of the slope surfaces to remove accumulated debris. • The ground surface topography above the excavation cut slope surfaces should be observed for potential areas that are prone to drain water down towards the excavation cut slope surfaces. If possible, drainage features such as a shallow brow ditch may be constructed near the crest area above the slope surfaces to facilitate water flow away from the project excavation cut slope surfaces. Surface water should not be allowed to pond on or in areas above the excavation cut slope surfaces. • We should be contacted to observe the slope excavations during construction to verify that potential rockfall is minimized. It may be prudent to construct a small rockfall barrier such as an earthen berm or short rock wall adjacent to the toe area of the slopes to further reduce the potential for rockfall to influence the project site. We have not performed a detailed rockfall study for the existing and extensive slope surfaces above the project site. This report does not address these potential rockfall hazards. We are available to perform a detailed rockfall study for the project at your request. PN: 55530GE January 29, 2019 37 11.0 PAVEMENT SECTION THICKNESS DESIGN RECOMMENDATIONS We performed a California Bearing Ratio (CBR) test on a composite sample of soil obtained from the project site. Based on the results of the CBR test we used an estimated subgrade resilient modulus MR of about 6,000 pounds per square inch (psi). We recommend that the subgrade soils be proof-rolled prior to the scarification and processing operations. Any soft areas observed during the proof-rolling operations should be removed and replaced with properly processed materials and/or granular aggregate materials as part of the subgrade preparation. The site subgrade pavement section support soils must be scarified to a depth of 12 inches, moisture conditioned and compacted prior to placement of the overlying aggregate pavement section materials. The material should be moisture conditioned to within about 2 percent of the optimum moisture content and compacted to at least ninety 90 percent of maximum dry density as determined by the modified Proctor test, ASTM D1557. The surface of the subgrade soil should be graded and contoured to be approximately parallel to the finished grade of the pavement surface. We recommend that the aggregate materials comply with the following specifications: Percent Passing Each Sieve 1” Aggregate 3” Aggregate Base Course Sub-Base-Course Sieve Size 4” -- 100 3” -- 95-100 1” 100 #4 30-65 -- #8 25-55 -- #200 3-12 3-15 Liquid Limit less than 30 less than 35 Plasticity Index Less than 6 Less than 9 Aggregate base-course and sub-base course locally available that do not meet the above specifications may be suitable for this project. We are available to review other aggregate gradations produced by local gravel producers to insure the suitability of the gravel products for the project. The aggregate base course should have a minimum R-value of 72, and the aggregate sub-base course should have a minimum R-Value of 65. PN: 55530GE January 29, 2019 38 The existing aggregate materials that comprise the existing gravel surfaced parking area are contaminated with clay/silt soils in some areas of the project, and exhibit moderate weed growth. We do not recommend reusing the existing aggregate materials for the new asphalt pavement section. As discussed in Section 7.0 above, the existing parking aggregate materials may be used for retaining wall backfill materials associated with the structure or possibly structural fill to support footings (if used to support the additional structure). 11.1 Asphalt Pavement Recommendations We recommend that the asphalt concrete used on this project be mixed in accordance with a design prepared by a licensed professional engineer, or an asphalt concrete specialist. We should be contacted to review the mix design prior to placement at the project site. We recommend that the asphalt concrete be compacted to between 92 and 96 percent of the maximum theoretical density. We have provided several pavement section design thicknesses below. The structural support characteristics of each section are approximately equal. The project civil engineer, or contractor can evaluate the best combination of materials for economic considerations. We have provided pavement section thicknesses for both 50,000 (standard vehicle use section) and 125,000 (heavy vehicle use section) - 18,000 pound equivalent single axle loads (18k ESAL). We are available to provide additional design sections, if these are desired. Pavement Section Design Thickness Light Duty Standard Passenger Car/Truck Use 50,000 18k ESAL Pavement Section Component Alternative Thicknesses of Each Component (inches) Asphalt Concrete 3 3 Aggregate Base Course 4 8 Aggregate Subbase Course 6 0 Reconditioned Subgrade 12 12 PN: 55530GE January 29, 2019 39 Pavement Section Design Thickness Heavy Vehicle Use 125,000 18k ESAL Pavement Section Component Alternative Thicknesses of Each Component (inches) Asphalt Concrete 3 3 4 Aggregate Base Course 6 12 9 Aggregate Subbase Course 8 0 0 Reconditioned Subgrade 12 12 12 The pavement section thicknesses tabulated above are appropriate for the post-construction traffic use associated with the project. Heavy construction equipment traffic will have a significant influence on the quality, character, and design life of the pavement sections tabulated above. If possible, we recommend that the asphalt pavement not be placed until completion of the major construction activity. We are available to discuss this with you as the project progresses. 11.2 Rigid Concrete Pavement Recommendations We anticipate that rigid concrete pavement will likely be used for portions of the project including exterior aprons, and possibly exterior driveway/parking areas. The following recommendations are based on the American Concrete Institute (ACI) Guide for Design and Construction of Concrete Parking Lots report 330R-01, strength characteristics (CBR-value) of the native subgrade soils, and on our experience with concrete paved parking lots in the region. A modulus of subgrade reaction of 100 pounds per cubic inch may be used for design purposes. Our recommendations are as follows; • For the proposed main parking area that will service light vehicular traffic only, a minimum concrete mat thickness of 5 inches should be used. This section is valid for an average daily truck (ADTT) of less than 10. • For areas that will be exposed to heavy truck traffic on a regular basis a minimum concrete mat thickness of 6 inches should be used. The concrete mat should be supported by a minimum thickness of 8 inches of 1-inch minus aggregate base course material that meets the specifications tabulated in section 11.0 above. We are available to review aggregate gradations produced by local gravel producers to insure the suitability of the gravel products for the project. The aggregate materials should be compacted to at least 95 percent of maximum dry density as defined by AASHTO T-180 or ASTM D 1557, Modified Proctor test. The upper 12 inches of subgrade support soils should be scarified and PN: 55530GE January 29, 2019 40 compacted to at least 90 percent of maximum dry density as defined by AASHTO T-180 or ASTM D1557, Modified Proctor test prior to placement of the aggregate base course. A concrete with a minimum 28-day compressive strength of 4,500 pounds per square inch (psi) should be used. Joint spacing should not exceed 12½ feet for a slab thickness of 5 inches and should not exceed 15 feet for a slab thickness of 6 inches. The recommendations for minimum concrete strength presented here are based on the ACI recommendations. The site specific structural engineering design recommendations should take precedent over those listed in this report. The project structural engineer should be contacted for steel reinforcement design. We are available to discuss our recommendations with the project structural engineer as needed. 11.3 General Parking Area Considerations Water intrusion into the pavement section support materials will negatively influence the performance of the parking lot surface. Water from irrigation, water from natural sources that migrates into the soils beneath landscapes surface and water from any source that gains access to the support materials can all decrease the life of the parking lot surface. Care should be taken along curbs and any edge of the parking lot to develop an interface between the material that will reduce subsurface and surface water migration into the support soil and pavement section materials. Landscape islands and other irrigated features often promote water migration since no surface flow from these features typically occurs. The same can occur along perimeter curb areas. Water will often migrate along the interface of concrete curbs and gutter and underlying support materials areas early in the life of any parking area. The tendency for this type of migration often decreases with time, but can be reduced by compaction of materials along the outside base of curb areas, adjacent to the interface of the concrete curb and the underlying soil prior to placement of landscaping materials. 12.0 CONSTRUCTION CONSIDERATIONS This section of the report provides comments, considerations and recommendations for aspects of the site construction which may influence, or be influenced by the geotechnical engineering considerations discussed above. The information presented below is not intended to discuss all aspects of the site construction conditions and considerations that may be encountered as the project progresses. If any questions arise as a result of our recommendations presented above, or if unexpected subsurface conditions are encountered during construction we should be contacted immediately. PN: 55530GE January 29, 2019 41 12.1 Fill Placement Recommendations There are several references throughout this report regarding both natural soil and compacted structural fill recommendations. The recommendations presented below are appropriate for the fill placement considerations discussed throughout the report above. All areas to receive fill, structural components, or other site improvements should be properly prepared and grubbed at the initiation of the project construction. The grubbing operations should include scarification and removal of organic material and soil. No fill material or concrete should be placed in areas where existing vegetation or fill material exist. We suspect that man-placed fill and subterranean structures may be encountered as the project construction progresses. All existing fill material should be removed from areas planned for support of structural components. Excavated areas and subterranean voids should be backfilled with properly compacted fill material as discussed below. 12.1.1 Natural Soil Fill Any natural soil used for any fill purpose should be free of all deleterious material, such as organic material and construction debris. Natural soil fill includes excavated and replaced material or in-place scarified material. Due to the expansive characteristics of the natural soil we do not recommend that it be used as fill material for direct support of structural components. The natural soils may be used to establish general site elevation. The natural soils should be moisture conditioned, either by addition of water to dry soils, or by processing to allow drying of wet soils. The proposed fill materials should be moisture conditioned to between about optimum and about 2 percent above optimum soil moisture content. This moisture content can be estimated in the field by squeezing a sample of the soil in the palm of the hand. If the material easily makes a cast of soil which remains in-tact, and a minor amount of surface moisture develops on the cast, the material is close to the desired moisture content. Material testing during construction is the best means to assess the soil moisture content. Moisture conditioning of clay or silt soils may require many hours of processing. If possible, water should be added and thoroughly mixed into fine grained soil such as clay or silt the day prior to use of the material. This technique will allow for development of a more uniform moisture content and will allow for better compaction of the moisture conditioned materials. The moisture conditioned soil should be placed in lifts that do not exceed the capabilities of the compaction equipment used and compacted to at least 90 percent of maximum dry density as PN: 55530GE January 29, 2019 42 defined by ASTM D1557, modified Proctor test. We typically recommend a maximum fill lift thickness of 6 inches for hand operated equipment and 8 to 10 inches for larger equipment. Care should be exercised in placement of utility trench backfill so that the compaction operations do not damage the underlying utilities. The maximum rock size for new fill materials should be less than 3 inches. 12.1.2 Granular Compacted Structural Fill Granular compacted structural fill is referenced in numerous locations throughout the text of this report. Granular compacted structural fill should be constructed using an imported commercially produced rock product such as aggregate road base. Many products other than road base, such as clean aggregate or select crusher fines may be suitable, depending on the intended use. If a specification is needed by the design professional for development of project specifications, a material conforming to the gradation presented below may be used. Percent Passing Each Sieve 1” Aggregate 3” Aggregate Base Course Sub-Base-Course Sieve Size 4” -- 100 3” -- 95-100 1” 100 #4 30-65 -- #8 25-55 -- #200 3-12 3-15 Liquid Limit less than 30 less than 35 Plasticity Index Less than 6 Less than 9 All compacted structural fill should be moisture conditioned and compacted to at least 90 percent of maximum dry density as defined by ASTM D1557, modified Proctor test. Areas where the structural fill will support traffic loads under concrete slabs or asphalt concrete should be compacted to at least 95 percent of maximum dry density as defined by ASTM D1557, modified Proctor test. 12.2 Excavation Considerations Unless a specific classification is performed, the site soils should be considered as an Occupational Safety and Health Administration (OSHA) Type C soil and should be sloped and/or benched according to the current OSHA regulations. Excavations should be sloped and benched to prevent wall collapse. Any soil can release suddenly and cave unexpectedly from PN: 55530GE January 29, 2019 43 excavation walls, particularly if the soils is very moist, or if fractures within the soil are present. Daily observations of the excavations should be conducted by OSHA competent site personnel to assess safety considerations. We encountered very h ard formational materials in our test borings. We must be contacted if blasting is proposed for removal/excavation of the formational materials. If possible excavations should be constructed to allow for water flow from the excavation the event of precipitation during construction. If this is not possible it may be necessary to remove water from snowmelt or precipitation from the foundation excavations to help reduce the influence of this water on the soil support conditions and the site construction characteristics. 12.2.1 Excavation Cut Slopes We anticipate that some permanent excavation cut slopes may be included in the site development. Temporary cut slopes should not exceed about 12 feet in height and should not be steeper than 1:1, horizontal to vertical. Permanent cut slopes of greater than 5 feet or steeper than 2:1, h:v must be analyzed on a site specific basis. Particular attention must be used during the excavation process of excavation cut slopes to remove rocks that could potentially become dislodged and cause a rock fall hazard. We did not observe evidence of existing unstable slope areas influencing the site, but due to the steepness and extent of the slopes in the area we suggest that the magnitude of the proposed excavation slopes be minimized and/or supported by retaining structures. 12.3 Utility Considerations Subsurface utility trenches will be constructed as part of the site development. Utility line backfill often becomes a conduit for post construction water migration. If utility line trenches approach the proposed project site from above, water migrating along the utility line and/or backfill may have direct access to the portions of the proposed structure where the utility line penetrations are made through the foundation system. The foundation soils in the vicinity of the utility line penetration may be influenced by t he additional subsurface water. There are a few options to help mitigate water migration along utility line backfill. Backfill bulkheads constructed with high clay content soils and/or placement of subsurface drains to promote utility line water discharge away from the foundation support soil. Some movement of all structural components is normal and expected. The amount of movement may be greater on sites with problematic soil conditions. Utility line penetrations through any walls or floor slabs should be sleeved so that movement of the walls or slabs does not induce movement or stress in the utility line. Utility connections should be flexible to allow PN: 55530GE January 29, 2019 44 for some movement of the floor slab. 12.4 Exterior Grading/Drainage Comments and General Landscape Comments The ground surface adjacent to the structure should be sloped to promote water flow away from the foundation system and flatwork. Snow storage areas should not be located in areas which will allow for snowmelt water access to support soils for the foundation system or flatwork. Water flow from the roof of the structure should be captured and directed away from the structure. If the roof water is collected in an eave gutter system, or similar, the discharge points of the system must be located away from areas where the water will have access to the foundation backfill or any structure support soils. If downspouts are used, provisions should be made to either collect or direct the water away from the structure. The project civil engineering consultant or builder should develop a drainage scheme for the site. We typically suggest a minimum fall of about 8 to 10 percent away from the structure, in the absence of design criteria from others. Care should be taken to not direct water onto adjacent property or to areas that would negatively influence existing structures or improvements. We recommend against construction of landscaping which requires excessive irrigation. Excess water from landscaped areas near the structure can migrate to the foundation system or flatwork support soils, which can result in volume changes in these soils. 12.5 Shallow Drain System A relatively common concept used to collect and subsequently reduce the potential for surface water to access structure backfill materials is to glue or attach an impermeable geotextile fabric or heavy mill plastic to the foundation wall and extend it below the upper soil backfill materials. A thin layer of sand can be placed on top of the geotextile material to both protect the geotextile from punctures and to serve as a medium to promote water migration to the collection trench and perforated pipe. The project civil engineer should be contacted for additional information regarding specific construction considerations for this concept which is shown in the sketch below. A free draining aggregate or sand should be placed in the collection trench around the perforated pipe. The perforated pipe should be graded to allow for positive flow of excess water away from the structure or other area where additional subsurface water is undesired. Preferably the geotextile material should extend at least 10 or more feet from the foundation system, and should extend beyond the limits of the foundation excavation if possible. PN: 55530GE January 29, 2019 45 Shallow Drain Concept No Scale Foundation Wall Approximate limit foundation excavation backfill Impermeable geotextile material, lapped and glued to the foundation wall above grade Perforated pipe surrounded by free- draining material Filter Fabric PN: 55530GE January 29, 2019 46 12.6 Soil Sulfate Content, Corrosion Issues The requested scope of our services did not include assessment of the chemical constituents of corrosion potential of the site soils. Most soils in southwest Colorado are not typically corrosive to concrete. There has not been a history of damage to concrete due to sulfate corrosion in the area. We are available to perform soluble sulfate content tests to assess the corrosion potential of the soils on concrete if desired. 12.7 Radon Issues The requested scope of service of this report did not include assessment of the site soils for radon production. Many soils and formational materials in western Colorado produce Radon gas. The structure should be appropriately ventilated to reduce the accumulation of Radon gas in the structure. Several Federal Government agencies including the Environmental Protection Agency (EPA) have information and guidelines available for Radon considerations and home construction. If a radon survey of the site soils is desired, please contact us. 13.0 CONSTRUCTION MONITORING AND TESTING Construction monitoring including engineering observations and materials testing during construction is a critical aspect of the geotechnical engineering contribution to any project. Unexpected subsurface conditions are often encountered during construction. The site foundation excavation should be observed by the geotechnical engineer or a representative during the early stages of the site construction to verify that the actual subsurface soil and water conditions were properly characterized as part of field exploration, laboratory testing and engineering analysis. If the subsurface conditions encountered during construction are different than those that were the basis of the geotechnical engineering report then modifications to the design may be implemented prior to placement of fill materials or foundation concrete. Compaction testing of fill material should be performed throughout the project construction so that the engineer and contractor may monitor the quality of the fill placement techniques being used at the site. We recommend that compaction testing be performed for any fill material that is placed as part of the site development. Compaction tests should be performed on each lift of material placed in areas proposed for support of structural components. In addition to compaction testing we recommend that the grain size distribution, clay content and swell potential be evaluated for any imported materials that are planned for use on the site. Concrete tests should be performed on foundation concrete and flatwork. We are also available to provide testing for asphalt pavement materials. We are available to develop a testing program for soil, aggregate materials, concrete and asphaltic concrete for this project. PN: 55530GE January 29, 2019 14.0 CONCLUSIONS AND CONSIDERATIONS The information presented in this report is based on our understanding of the proposed construction that was provided to us and on the data obtained from our field and laboratory studies. We recommend that we be contacted during the design and construction phase of this project to aid in the implementation of our recommendations. Please contact us immediately if you have any questions, or if any of the information presented above is not appropriate for the proposed site construction. The recommendations presented above are intended to be used only for this project site and the proposed construction which was provided to us. The recommendations presented above arc not suitable for adjacent project sites, or for proposed construction that is different than that outlined for this study. Our recommendations are based on limited field and laboratory sampling and testing. Unexpected subsurface conditions encountered during construction may alter our recommendations. We should be contacted during construction to observe the exposed subsurface soil conditions to provide comments and verification of our recommendations. We are available to review and tailor our recommendations as the project progresses and additional information which may influence our recommendations becomes available. Please contact us if you have any questions, or if we may be of additional service. Respectl \ submitted, N_!/.�� tT i, :�. . Off�•�.....q�••it/.� w r� Na.1027217i-22GR �_- Senior GeoIecEngineer TRAUTNER lettli:Kli 47 APPENDIX A Logs of Test Borings LOG OF BORING TB-1 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling GRAVEL, SAND, clayey, medium dense, moist, red WEATHERED CHINLE FORMATION at 1 foot, Sandstone, hard, fractured, slightly moist, red Very hard Sandstone layer from 1.5 feet to 2.5 feet, near auger refusal Sandstone, friable with thin very hard layers, very hard, moist, red Claystone, hard to very hard, slightly moist, red-purple Very hard Sandstone layer from 12.5 feet to 15 feet, slightly moist, red Sandy Claystone with thin interbedded Sandstone lenses, hard to very hard, moist, red Deteriorated layer from 27.5 feet to 34 feet, Sandstone and Claystone, dense, slightly moist, red, (possible historic water flow) Very hard Sandstone at 34 feet, Auger refusal USCSGC Formation Formation Formation Formation Formation Formation Formation GRAPHICSamplesBlow CountWater LevelREMARKS 50/4 18/6 47/6 50/3 25/650/3 17/6 10/6 11/6 Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Mod. California Sampler Date Drilled : 1/8/2019 Total Depth : 34 feet Location : 50 feet North of Northwest : Building Corner Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Mod. California Sampler Date Drilled : 1/8/2019 Total Depth : 18 feet Location : 20 feet East of Northwest : Building Corner LOG OF BORING TB-2 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling GRAVEL, SAND, clayey, medium dense, very moist, red CHINLE FORMATION at 2.5 feet, Sandstone, very hard, moist, red Sandy Claystone, very hard, moist, red Very hard Sandstone at 6 feet Near auger refusal at 9 feet Sandy Claystone at 10 feet, hard to very hard, moist, red-purple Sandstone lense at 17 feet Bottom of test boring at 18 feet USCSGC Formation Formation Formation Formation Formation Formation GRAPHICSamplesBlow CountWater LevelREMARKS 16/6 21/6 30/6 20/6 40/6 20/0bounce 17/6 26/6 LOG OF BORING TB-3 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling GRAVEL, SAND, clayey, dense, moist, brown-red CHINLE FORMATION at 6 feet, Sandstone, very hard, dry, red-tan Sandy Claystone layer, very hard, slightly moist, red Interbedded Sandstone with Claystone, very hard, slightly moist, red-tan Bottom of test boring 15.5 feet USCSGC Formation Formation Formation GRAPHICSamplesBlow Count6/6 9/6 12/6 37/613/0bounce 50/4 50/6 Water LevelREMARKS Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Mod. California Sampler Date Drilled : 1/9/2019 Total Depth : 15.5 feet Location : 65 feet West of Northwest : Building Corner Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Standard Split Spoon Date Drilled : 1/9/2019 Total Depth : 18 feet Location : 100 feet Northwest of : Northwest building corner LOG OF BORING TB-4 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling USCSGRAPHICSamplesBlow CountWater LevelREMARKS SAND, clayey, dense, slightly moist, tan CHINLE FORMATION at 1 foot, Clayey Sandstone, very stiff/hard, moist, tan-red Sandstone, very hard, moist, tan Near auger refusal from 14 feet to 18 feet Bottom of test boring at 18 feet SC Formation Formation Formation 33/6 50/5 50/4 50/3 Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Bag Sample Date Drilled : 1/9/2019 Total Depth : 4 feet Location : See Figure LOG OF BORING TB-5 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling USCSGRAPHICSamplesBlow CountWater LevelREMARKS GRAVEL, silty, sandy, medium dense, moist, brown SAND, silty, few gravels, moist, red Bottom of test boring at 4 feet GP-GM SM Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Bag Sample Date Drilled : 1/9/2019 Total Depth : 4 feet Location : See Figure LOG OF BORING TB-6 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling SAND, silty, outwash GRAVEL, silty, sandy, medium dense, moist, brown SAND, clayey, dense, moist, red SAND, GRAVEL, clayey, dense, moist, red WEATHERED CHINLE FORMATION at 3 feet, Sandstone, hard, dry, red Bottom of test boring at 4 feet USCSSM GP-GM SC SC/GC Formation GRAPHICSamplesBlow CountWater LevelREMARKS Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Bag Sample Date Drilled : 1/9/2019 Total Depth : 4 feet Location : See Figure LOG OF BORING TB-7 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling USCSGRAPHICSamplesBlow CountWater LevelREMARKS SAND, silty, outwash GRAVEL, silty, sandy, medium dense, moist, brown CLAY, sandy, stiff, moist, red Bottom of test boring at 4 feet SM GP-GM CL Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Bag Sample Date Drilled : 1/9/2019 Total Depth : 4 feet Location : See Figure LOG OF BORING TB-8 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 5 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling USCSGRAPHICSamplesBlow CountWater LevelREMARKS GRAVEL, silty, sandy, medium dense, moist, brown CLAY, sandy, stiff, moist, red Bottom of test boring at 4 feet GP-GM CL Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Bag Sample Date Drilled : 1/9/2019 Total Depth : 4 feet Location : See Figure LOG OF BORING TB-9 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling USCSGRAPHICSamplesBlow CountWater LevelREMARKS GRAVEL, silty, sandy, medium dense, moist, brown GRAVEL, COBBLES, sandy, clayey, dense, slightly moist, tan SAND, CLAY, medium stiff, moist, tan Bottom of test boring at 3 feet GP-GM GC SC Field Engineer : J. Butler Drilling Method : 4" Solid Stem Auger Sampling Method : Bag Sample Date Drilled : 1/9/2019 Total Depth : 4 feet Location : See Figure LOG OF BORING TB-10 PN: 55530GE Mr. Michael Duehrssen Moab, Utah and General Site Improvements Moab Tramway Addition Depth in feet 0 1 2 3 4 DESCRIPTION Sample Type Mod. California Sampler Bag Sample Standard Split Spoon Water Level Water Level During Drilling Water Level After Drilling USCSGRAPHICSamplesBlow CountWater LevelREMARKS GRAVEL, silty, sandy, medium dense, moist, brown GRAVEL, COBBLES, sandy, slightly clayey, dense, slightly moist, tan CHINLE FORMATION at 2 feet, Sandstone with interbedded Claystone, hard, moist, tan Bottom of test boring at 3 feet GP-GM GC Formation APPENDIX B Laboratory Test Result Atterberg Limits and Sieve Analyses Swell-Consolidation Tests Direct Shear Strength Tests Modified Proctor Tests CBR Tests Particle Size Distribution Report PERCENT FINER0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 % +3"Coarse % Gravel Fine Coarse Medium % Sand Fine Silt % Fines Clay 0.0 0.0 17.1 7.5 9.6 17.2 48.66 in.3 in.2 in.1½ in.1 in.¾ in.½ in.3/8 in.#4#10#20#30#40#60#100#140#200TEST RESULTS Opening Percent Spec.*Pass? Size Finer (Percent)(X=Fail) Material Description Atterberg Limits (ASTM D 4318) Classification Coefficients Date Received:Date Tested: Tested By: Checked By: Title: Date Sampled:Location: TB-3 Sample Number: C10212-T Depth: 0'-3' Client: Project: Project No:Figure SC Silty, clayey sand with gravel .75 .50 .375 #4 #8 #10 #16 #30 #40 #50 #100 #200 100.0 94.2 89.4 82.9 76.9 75.4 71.3 67.7 65.8 63.8 58.6 48.6 18 26 8 SC A-4(1) 9.8968 6.3143 0.1719 0.0816 1/8/19 1/14/19 R. Barrett J. Butler P.E. 1/8/19 Mr. Michael Duehrssen Moab Tramway Addition and General Site Improvements 55530GE PL=LL=PI= USCS (D 2487)=AASHTO (M 145)= D90=D85=D60= D50=D30=D15= D10=Cu=Cc= Remarks *(no specification provided) 4.1 Particle Size Distribution Report PERCENT FINER0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 % +3"Coarse % Gravel Fine Coarse Medium % Sand Fine Silt % Fines Clay 0.0 0.0 0.0 1.9 17.6 10.6 69.96 in.3 in.2 in.1½ in.1 in.¾ in.½ in.3/8 in.#4#10#20#30#40#60#100#140#200TEST RESULTS Opening Percent Spec.*Pass? Size Finer (Percent)(X=Fail) Material Description Atterberg Limits (ASTM D 4318) Classification Coefficients Date Received:Date Tested: Tested By: Checked By: Title: Date Sampled:Location: TB-7 and TB-8 (Bulk) Sample Number: C10212-B Depth: 0'-4' Client: Project: Project No:Figure CL Sandy lean clay #4 #8 #10 #16 #30 #40 #50 #100 #200 100.0 98.9 98.1 94.3 85.1 80.5 76.7 72.0 69.9 18 26 8 CL A-4(3) 0.8397 0.5956 1/9/19 1/14/19 R. Barrett J. Butler P.E. 1/9/19 Mr. Michael Duehrssen Moab Tramway Addition and General Site Improvements 55530GE PL=LL=PI= USCS (D 2487)=AASHTO (M 145)= D90=D85=D60= D50=D30=D15= D10=Cu=Cc= Remarks *(no specification provided) 4.2 Particle Size Distribution Report PERCENT FINER0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 % +3"Coarse % Gravel Fine Coarse Medium % Sand Fine Silt % Fines Clay 0.0 8.5 45.7 9.8 8.9 15.0 12.16 in.3 in.2 in.1½ in.1 in.¾ in.½ in.3/8 in.#4#10#20#30#40#60#100#140#200TEST RESULTS Opening Percent Spec.*Pass? Size Finer (Percent)(X=Fail) Material Description Atterberg Limits (ASTM D 4318) Classification Coefficients Date Received:Date Tested: Tested By: Checked By: Title: Date Sampled:Location: TB-5 Sample Number: C10212-dd Depth: 0"-6" Client: Project: Project No:Figure GM Silty gravel with sand 1.5 1.0 .75 .50 .375 #4 #8 #10 #16 #30 #40 #50 #100 #200 100.0 96.0 91.5 72.4 62.4 45.8 37.6 36.0 32.4 29.0 27.1 24.6 17.8 12.1 0 0 0 GM A-1-a 18.2403 16.2939 8.7683 5.8862 0.7408 0.1088 1/9/19 1/14/19 R. Barrett J. Butler P.E. 1/9/19 Mr. Michael Duehrssen Moab Tramway Addition and General Site Improvements 55530GE PL=LL=PI= USCS (D 2487)=AASHTO (M 145)= D90=D85=D60= D50=D30=D15= D10=Cu=Cc= Remarks *(no specification provided) 4.3 Particle Size Distribution Report PERCENT FINER0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 % +3"Coarse % Gravel Fine Coarse Medium % Sand Fine Silt % Fines Clay 0.0 17.0 46.3 6.1 6.1 13.7 10.86 in.3 in.2 in.1½ in.1 in.¾ in.½ in.3/8 in.#4#10#20#30#40#60#100#140#200TEST RESULTS Opening Percent Spec.*Pass? Size Finer (Percent)(X=Fail) Material Description Atterberg Limits (ASTM D 4318) Classification Coefficients Date Received:Date Tested: Tested By: Checked By: Title: Date Sampled:Location: TB-7 Sample Number: C10212-FF Depth: 2"-9" Client: Project: Project No:Figure GP-GM Poorly graded gravel with silt and sand 1.0 .75 .50 .375 #4 #8 #10 #16 #30 #40 #50 #100 #200 100.0 83.0 58.6 47.8 36.7 31.6 30.6 28.3 25.9 24.5 22.4 16.7 10.8 0 0 0 GP-GM A-1-a 21.3767 19.6711 13.0575 10.2504 1.7755 0.1234 1/9/19 1/14/19 R. Barrett J. Butler P.E. 1/9/19 Mr. Michael Duehrssen Moab Tramway Addition and General Site Improvements 55530GE PL=LL=PI= USCS (D 2487)=AASHTO (M 145)= D90=D85=D60= D50=D30=D15= D10=Cu=Cc= Remarks *(no specification provided) 4.4 Particle Size Distribution Report PERCENT FINER0 10 20 30 40 50 60 70 80 90 100 GRAIN SIZE - mm. 0.0010.010.1110100 % +3"Coarse % Gravel Fine Coarse Medium % Sand Fine Silt % Fines Clay 0.0 12.8 44.7 9.0 8.1 14.1 11.36 in.3 in.2 in.1½ in.1 in.¾ in.½ in.3/8 in.#4#10#20#30#40#60#100#140#200TEST RESULTS Opening Percent Spec.*Pass? Size Finer (Percent)(X=Fail) Material Description Atterberg Limits (ASTM D 4318) Classification Coefficients Date Received:Date Tested: Tested By: Checked By: Title: Date Sampled:Location: TB-9 Sample Number: C10212-HH Depth: 0"-6" Client: Project: Project No:Figure GP-GM Poorly graded gravel with silt and sand 1.0 .75 .50 .375 #4 #8 #10 #16 #30 #40 #50 #100 #200 100.0 87.2 66.8 57.1 42.5 34.9 33.5 30.3 27.2 25.4 23.0 16.6 11.3 0 0 0 GP-GM A-1-a 20.1935 18.2254 10.5250 7.1814 1.1040 0.1239 1/9/19 1/14/19 R. Barrett J. Butler P.E. 1/9/19 Mr. Michael Duehrssen Moab Tramway Addition and General Site Improvements 55530GE PL=LL=PI= USCS (D 2487)=AASHTO (M 145)= D90=D85=D60= D50=D30=D15= D10=Cu=Cc= Remarks *(no specification provided) 4.5 Sample Source: Visual Soil Description: Swell Potential (%) Initial Final Moisture Content (%):9.1 19.4 Dry Density (lb/ft3):128.8 129.5 Height (in.):1.000 0.988 Diameter (in.):1.94 1.94 SUMMARY OF TEST RESULTS TB-1@8.5' Sample ID:C10212-F SWELL - CONSOLIDATION TEST 8.2% 4.6 Claystone 55530GE Constant Voume Swell Pressure (lb/ft2):5,070 Project Number: Figure: -2.0 0.0 2.0 4.0 6.0 8.0 10.0 1 10 100 1000 10000 Vertical Displacement (%)Pressure (Pounds per Square Foot) Constant Volume Pressure Water added to sample Sample Source: Visual Soil Description: Swell Potential (%) Initial Final Moisture Content (%):6.3 10.2 Dry Density (lb/ft3):136.4 137.5 Height (in.):1.000 0.986 Diameter (in.):1.94 1.94 SUMMARY OF TEST RESULTS TB-2@4.5' Sample ID:C10212-O SWELL - CONSOLIDATION TEST 2.0% 4.7 Claystone 55530GE Constant Voume Swell Pressure (lb/ft2):1,650 Project Number: Figure: -2.0 -1.5 -1.0 -0.5 0.0 0.5 1.0 1.5 2.0 1 10 100 1000 10000 Vertical Displacement (%)Pressure (Pounds per Square Foot) Constant Volume Pressure Water added to sample Sample Source: Visual Soil Description: Swell Potential (%) Initial Final Moisture Content (%):6.3 15.1 Dry Density (lb/ft3):126.5 128.1 Height (in.):1.000 0.961 Diameter (in.):1.94 1.94 4.8 Claystone 55530GE Constant Voume Swell Pressure (lb/ft2):1,470 Project Number: Figure: SUMMARY OF TEST RESULTS TB-2@13' Sample ID:C10212-R SWELL - CONSOLIDATION TEST 1.5% -4.5 -4.0 -3.5 -3.0 -2.5 -2.0 -1.5 -1.0 -0.5 0.0 0.5 1.0 1 10 100 1000 10000 Vertical Displacement (%)Pressure (Pounds per Square Foot) Constant Volume Pressure Water added to sample Sample Source: Visual Soil Description: Swell Potential (%) Initial Final Moisture Content (%):4.4 14.4 Dry Density (lb/ft3):121.8 126.8 Height (in.):1.000 0.950 Diameter (in.):1.94 1.94 SUMMARY OF TEST RESULTS TB-3@15' Sample ID:C10212-Y SWELL - CONSOLIDATION TEST 1.0% 4.9 Claystone 55530GE Constant Voume Swell Pressure (lb/ft2):920 Project Number: Figure: -6.0 -5.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 1 10 100 1000 10000 Vertical Displacement (%)Pressure (Pounds per Square Foot) Constant Volume Pressure Water added to sample Direct Shear Test Results ASTM D3080-90 Project: Moab Tram Visual Soil Description:Clayey Sand Project Number: 55530GE Type of Specimen: Remolded Laboratory Number: C10212T Diameter 1.946 in. Date:1/9/2019 Thickness 2.0 in Project Technician: R.B.Sample Source:TB-3, 0'-3' Figure 4.10 Summary of Sample Data: Initial Moisture Content (%)6.3 Intial Dry Density (P.C.F)118.6 Final Moisture Content (%)15 Final Dry Density (P.C.F)118.9 Residual Direct Shear Test Results: Normal Stress (P.S.I) 2.14 4.29 8.57 Max. Shear Stress (P.S.I)2.61 4.25 6.5 ESTIMATED STRENGTH PARAMETERS Angle of Internal Friction, phi 32 Cohesion, P.S.F. 185 0 2 4 6 8 0 5 10Shear Stress, P.S.I.Normal Stress, P.S.I. 0 2 4 6 8 10 12 14 0.00 0.05 0.10 0.15 0.20Shear Stess, P.S.I.Horizontal Deformation, inches Project No. : Figure: 4.11 Date: 0 5 10 15 20 25 30 3580 85 90 95 100 105 110 115 120 125 130 135 140 145 2.6 2.7 2.8 Project: Moab Tramway Addition Sample Source: Sample Description: Maximum Dry Density: Optimum Moisture Content: Laboratory Number: Composite Bulk from TB-7 and TB-8 Test Method: ASTM D1557 Method A 132.0 pcf 10.0% C10212B 55530GE 1/9/19 USCS "CL" sandy lean clay PROJECT NAME: Moab Tram Addition PROJ NO: 55530GE TECHNICIAN: JB Date: 1/23/19 LAB NO: C10212B Figure 4.12 ASTM D1557-A Condition:soaked Sample Source:TB-7 & TB-8 132.0 pcf Surcharge:15 Lbs 10.0% Relative Compaction Swell (%) 114.1 12.4 86 111.8 19.5 1.9 1.9 118.4 12.3 90 116.7 17.3 1.4 4.0 122.4 12.6 93 119.8 17.5 1.7 5.8 Pre-Soak After 72 hour Soak Optimum Moisure Content: California Bearing Ratio Test Results ASTM D1883 Proctor Method: Max Dry Density: CBR (0.100" penetration) Dry Density (PCF) Moisture Content (%) Dry Density (PCF) Moisture Content of Top One (1) Inch (%) 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 112.0 114.0 116.0 118.0 120.0 122.0 124.0California Bearing Ratio (CBR)Dry Density (PCF) Revisions:PLAN NO. XX FOR REVIEW ONLY NOT FOR CONSTRUCTION MOAB TRAMWAYTRAFFIC COUNTS - APPENDIX AMOAB, UTAHProject: Moab Tram Date: 01-14-2019 Drawn By: CSS Checked By: ABR# DATE DESCRIPTION 0 120 GRAPHICAL SCALE (FT) 22x34 60 1309 E. 3rd Ave., #21 Durango, CO 81301 970-403-5088 PLAN-IN-HAND PLAN-IN-HANDSET Engineering has suggested to UDOT that this left turn lane be a shared center turn lane to accomodate south bound lefts from the Moab Tram Project. PLAN-IN-HANDSET Engineering has suggested to UDOT that this left turn lane be a shared center turn lane to accomodate south bound lefts from the Moab Tram Project. TRAM ENTRANCE PRELIMINARY TRAFFIC ANALYSIS Moab Tram SITE PLAN APPLICATION CITY OF MOAB, UTAH January 24, 2019 SET Engineering Moab Tramway – Preliminary Traffic Analysis Set Engineering, LLC Introduction The purpose of this preliminary traffic analysis is to assess proposed development of Moab Tram site from a traffic circulation and safety standpoint, as required by the City of Moab Site Plan Application process. All potential developments and impacted intersections are within City of Moab limits. The site will be accessed using the existing entrance to the Moab Tram site from US Hwy 191, As part of this study, traffic was analyzed in terms of projected level of service at the AM and PM peak hour traffic volume. The study assesses projected traffic loading (Full Build-out Traffic) based on the proposed development of the Moab Tram project. Projected traffic was calculated using the Institute of Traffic Engineer’s Trips Generation Manual, 8th Ed. (ITE Manual). Background The Moab Tram site is located on the eastern side of US Hwy 191 just south of the pass-over bridge that crosses Colorado River and Lion’s Park. The project site is broken up in to two lots: Lot 2 includes an existing tram facility, which will remain in operation, and proposed development of retail space (ITE Land Use Code#876 and #879) and restaurant space (ITE Land Use Code#931). Lot 1 will be developed in the future and is not included in this analysis. Figure 1 shows a site map. Figure 1: A site map of the Moab Tram site is shown. Lot 1, analyzed in this study, is approximately 14.59 ± acres. US Hwy 191 adjacent the site is an Access Category 7 (Community Rural) as defined by UDOT and is posted at 45 MPH speed limit. The project is located approximately 2.5 miles south of the City center and is in a developing/urbanizing part of the City. Currently US Hwy 191. is striped for two through lanes and a shared center turn lane along the project frontage. The pavement along the property frontage is approximately 60’ ± Moab Tramway – Preliminary Traffic Analysis Set Engineering, LLC wide. The US Hwy 191 widening project will extend through this project site. Improvements adjacent to the project generally include two through lanes in each direction and a center turn lane. Currently, the Moab Tram site provides access to the existing Tram facility. The site access only serves the Tram site no through traffic is planned. Proposed Access Improvement Information The improved access location for the project site is from US Hwy 191 using the existing entrance to the Moab Tram site. The existing Moab Tram entrance drive is over 50’ in width at the throat and tapers to a min. of 40’ wide (from curb line to curb line) to provide one 16’ ingress lane and two 12’ egress lanes. The entrance apron provides approximately 75’ of stacking for turning vehicles. The existing geometry of the entrance will not be modified. The spacing along US Hwy 191 and between the proposed Moab Tram access improvement and the nearest intersecting access to the north, State Hwy 128, is approximately 835’ ± CL to CL. Across US Hwy 191 from the Moab Tram access, a frontage road intersects the highway. To the south, the closest cross street is that same frontage road on the opposite side of US Hwy 191 at approximately 1700’ ± from the Moab Tram CL. Parking The project will provide 76 off-street parking spaces meeting City of Moab parking requirements. 60 spaces will be provided on the Lot 2 Tram site while 16 spaces will be located on the Lot 1 parcel of the property through an access easement. The following table was developed using City of Moab Parking Code criteria and proposed development to clearly display project parking requirements. Moab Tramway Addition Parking Calculation Required Use Qty units # Spaces Retail 7,500 sf 25 Café 2,500 sf 13 Tram 150 passengers/hour 38 Total Required 75 Total Provided 76 Moab Tramway – Preliminary Traffic Analysis Set Engineering, LLC Full Build-out Traffic Using the Institute of Transportation Engineers (ITE) Manual, 8th Edition, trip generation rates were calculated based on specified land uses. As stated previously, 7.5 thousand square feet of the site will be developed as retail space (ITE Land Use Code#876 and #879), and 2.5 thousand square feet will be developed as restaurant space (ITE Land Use Code#931). The existing tram facility will remain in operation (ITE Land Use Code #466 – Ski Lift). This land use information was input into the ITE Trip Generation Manual’s rates worksheet, and projected AM and PM peak hour traffic generation counts from this development were calculated, as shown in Table 1 (Institute of Traffic Engineers, 2017). Table 1: Total Tram project site trip generation calculations were calculated daily factors as well as AM and PM peak hours. Entering/exiting traffic distributions were calculated based on ITE rates as well. Orange cells represent projected turning movements in to Moab Tram, whereas blue cells represent projected turning movements out of Moab Tram. The proportion of cars making certain turning movements into or out of the Moab Tram site in the Full Build- out peak hour data set was calculated and is shown in Table 2. These distributions are estimates based on the project location in relation to the city center of Moab. In this case, 30% of vehicles are estimated to travel to/from the north (towards Canyonlands and Arches National Parks), whereas 70% are estimated to travel to/from the south (towards the city center). Table 2: Right-turn out is north-bound (NB), left-turn out is south-bound (SB), right-turn in is north-bound (NB), and left-turn in is south-bound (SB). Orange cells represent projected turning movements in to the Moab Tram site, whereas blue cells represent projected turning movements out of the Moab Tram site. The directional split data from Table 2 were assigned to the projected traffic generation distributions. These resulting data, shown in Table 3, show total traffic generation after full build-out of the improvements to the Moab Tram project. In Out In Out 1 80%20%3.83 50%50% 4 3 1 15 8 8 4.65 49%51%6.21 46%54% 16 8 8 22 10 12 0.81 100%0%7.49 67%33% 2 2 0 19 13 6 12.88 95%5%26 4%96% 13 12 1 26 1 25 35 25 10 82 31 51 Totals 4 #876 - KSF2 Tram Retail - Apperal 1 3.5 2.5 #931 - KSF3 Quality Restaurant Units AM Peak Hour Total Generation PM Peak Hour Total Generation DistributionDistribution #879 - KSF2 #466 - Lifts Moab Tramway Trip Generation Calculation ITE Land Use Code Retail - Arts & Crafts AM/PM NB ENTERING % of Total SB Out To AM 25 30%10 PM 31 30%51 30% 70% 70% % of Total NB 70% % of Total SB Projected Peak Hour Directional Splits 30% 70% % of Total NB Moab Tramway – Preliminary Traffic Analysis Set Engineering, LLC Table 3: Total projected trips during AM and PM peak hours were calculated to inform turning and storage lane warrants per UDOT Access Code. Orange cells represent projected turning movements in to the Moab Tram site, whereas blue cells represent projected turning movements out of the Moab Tram site. Turn Lane Warrants Based on Section 7 – Design Requirements, of Utah rule R930-6, auxiliary lane requirements for an Access Category 4, no widening of US Highway 191 was warranted in its existing or proposed condition (US Hwy 191 widening project. The data is summarized in Table 4. Table 4: Warrants for a left turn lane with storage and a right turn lane (acceleration and deceleration) were analyzed with projected AM and PM peak hour traffic loading scenarios at the US Highway 191 and the Moab Tram site entrance. SET Engineering met with UDOT staff as part of the Access Permit Application process. SET and UDOT did discuss the possibility of using the center turn lane as a shared turn lane rather than a dedicated left turn lane south of the Moab Tram entrance. Conclusion The analysis determined that US Highway 191 will not need to be widened to accommodate a left-turn acceleration lane in order to provide reasonable access to and from the Moab Tram development. However, SET Engineering is coordinating with UDOT to finalize the striping plan along the project frontage. In our opinion, a shared center turn lane south of the project, in lieu of the dedicated left turn lane serving the frontage road could benefit the Moab Tram project and provide a safer facility for US Hwy 191 and Moab Tram users. AM Peak Hour N/A 18 18 8 N/A 8 3 7 10 35 PM Peak hour N/A 22 22 9 N/A 9 15 35 51 82 1 hr Totals Total Post-Development Traffic Generation Calculation TOTAL RIGHT LEFT TOTALTHRURIGHT TOTAL LEFT THRU US HWY 191 US HWY 191 Moab Tram NORTHBOUND SOUTHBOUND EXITINGTIME AM/PM Warrant Warrant > 10vph > 25vph Warrant Warrant > 10vph > 25vph Warrants from Traffic Generation LEFT TURN ACCEL LANE W/RIGHT TURN ACCEL LANE W/ STORAGE Estimated Estimated 7 (AM Peak) 35 (PM Peak) 3 (AM Peak) 15 (PM Peak) 7 LEFT TURN DECEL LANE W/ STORAGE RIGHT TURN DECEL LANE W/ STORAGEACCESS CATEGORYINTERSECTIONROUTE 8 (AM Peak) 9 (PM Peak) Estimated Estimated 18 (AM Peak) 22 (PM Peak) US HWY 191US HWY 191 & PROJECT SITE ACCESS Moab Tramway – Preliminary Traffic Analysis Set Engineering, LLC The projected turn movements at the intersection are shown schematically in Appendix A. The re-striping plan of this section of US Highway 191 proposed by UDOT, shown in Appendix B, will provide reasonable access to and from the Moab Tram site (I.e. the triggered left-turn acceleration lane will be accommodated by a two-way left-turn lane along US Hwy 191). Moab Tramway – Preliminary Traffic Analysis Set Engineering, LLC Appendix A.TRAFFIC COUNTS - ITE TRIP GENERATION FULL BUILD-OUT VOLUME GENERATION B.UDOT STRIPING EXHIBIT PLAN-IN-HAND Anderson -Oliver Title Insurance Agency, Inc. 94 East Grand Avenue Moab, Utah 84532 Phone; 435-259-3000 Fax: 435-259-2726 email:ootltleC@frontiernef, net January 26, 2019 Christina R. Sloan, Esq. The Sloan Law Firm, PLC Via email: sloanC�thesloanlawfirm.com 81 East 100 South PO Sox 1 165 Monticello, Utah 84535 Phone: 435-587-3344 Fax: 435-587-2223 RE: File No. 11798 Salt Lake Exchange Accommodations 338, L.L.C. to Tramwcry to Moab, Inc. 1750 North Main, Moab UT 84532 Dear Folks: Please find enclosed the Commitment for Title Insurance you requested on the above property. if you have any questions, or need additional copies of anything, please let us know. We do appreciate the opportunity to assist you on your real estate transaction. Very truly yours, qt e40L 9 °aver Glenna Oliver Enclosures stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION. ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT- THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON, COMMITMENT TO ISSUE POLICY Subject to the Notice: Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions: and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation {the "Company"}, commits to issue the Policy according to the terms and provisions of this Commitment- This Commitment is effective as of the Commitment Date shown in Schedule A far each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured_ Ifall of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date. this Commitment terminates and the Company's liability and obligation end. Countersigned by: Authorized Countersignature Anderson -Oliver Title Insurance Agency, Inc- 94 E. Grand Ave. Moab. LIT 84532 (435) 259-3000 Matt Morris President and CEO Denise Craux Secretary For purposes of this form the "Stewart Title' logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance- This Commitment is not valid without the Notice: the Commitment to Issue Policy; the Commitment Conditions; Schedule A- Schedule B. Part I - Requirements; and Schedule B. Part II - Exceptions; and a countersignature by the Company or as issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form {or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 11798 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 3 A7.1rRICAN 1itirl TI1P1 t 5511s„1..1 ION COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term ''Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) ''Mortgage": A mortgage, deed of trust_ or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be Issued pursuant to this Commitment. (g) "Public Records" Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy: this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without' (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company's written consent. any Schedule B, Part If - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Cornpany shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A, Schedule B, Part I - R'equirements, and Schedule B. Part li - Exceptions: and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form [or any derivative thereof] is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 11798 ALTA Commitment For Title insurance 6-1-16 (4-2-16) Page 2 of 3 AMLFICA.N t atir''1'1'11 b (d) (e) (0 (9) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(1) through 5(a)(iii) or the Proposed Policy Amount. The Company shall not be liable for the content of the Transaction Identification Data, if any. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part 1 - Requirements have been met to the satisfaction of the Company. In any event. the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Comrnitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at<http:IJwww.alta.orgiarbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2016 ALTAC Commitment for Title Insurance. This Commitment is not valid without the !Notice: the Commitment to Issue Policy' the Commitment Conditions,; Schedule A: Schedule B. Part 1 - Requirements; and Schedule 8, Part !I - Exceptions; and a countersignature by the Company or its issuing agent that may be m electronic form Copyright 2006-2016 American Land Title Assoc iatiori. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Repnnted under license from the American Land Titie Association. Fife No. 11798 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 3 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED 8Y STEWART TITLE GUARANTY COMPANY Transaction identification Data for reference only: Issuing Agent Anderson -Oliver Title Insurance Agency, Inc. Issuing Office: 94 E. Grand Ave., Moab, UT 84532 Issuing Office's ALTA® Registry ID: NIA Loan ID Number: Commitment Number: 11798 Issuing Office File Number: 11798 Property Address: 1750 North Main, Moab, UT 84532 Revision Number: 1. Commitment Date: January 14, 2019 at 8:00 A.M. 2. Policy to be issued: Proposed Policy Amount (a)ALTA Owner's Policy Standard $2,500,000.00 Premium: $5,643.00 Proposed Insured: Tramway to Moab, Inc., a Utah benefit corporation (b) ALTA Loan Policy Standard Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. The Title is, at the Commitment Date, vested in: Salt Lake Accomdation No 338, L.L.C_ AKA Salt Lake Exchange Accommodations No. 338, L.L.C., a Utah limited liability company 5. The Land is described as follows: Grand County. Utah: DESCRIPTION OF PARCEL OF LAND LOCATED IN THE NEII4SW114 AND SE114SW114, SECTION 26. TOWNSHIP 25 SOUTH. RANGE 21 EAST, SLM, GRAND COUNTY, UTAH: Beginning at Center % Corner Section 26. T25S, R21E, SLM, and proceeding thence South 0°29' East 1319,1 feet: thence South 0°05' West 223.1 feet: thence North 47°40' West 331.8 feet along Highway 191 Right of Way. with said Right of Way along a 3739.3 foot radius curve to the right 731.7 feet (said curve has a delta of 11 °12'42" and chord bearing North 42'02' West 730_6 feet), thence with said Right of Way North 36'26' West 506.8 feet; thence North 36° 27' West 481.1 feet: thence South 89'53' East 1298.3 feet to the point of beginning. EXCEPTING therefrom all oil. gas, fissionable materials, silver lead, gold. zinc. copper and potash. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance. This Commitment is not valid without the Notice.' the Commitment to issue Policy: the Commitment Conditions: Schedule A: Schedule B, Part 1 - Requirements: and Schedule B, Part ll - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form_ Copyright 2006-2016 American Land Title Association. Ail rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 11796 ALTA Commitment For Title Insurance Schedule 8-1.16 (4-2.18) Page 1 of 1 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements File No.. 11798 All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized. executed, delivered. and recorded in the Public Records. This page is only a part of a 2016 ALTAO Commitment for Title insurance. This Commitment is not valid without the Notice,; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B. Part I - Requirements; and Schedule B. Part f1- Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 11798 ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 1 of 1 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 11793 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT. CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A; and will include the following Exceptions unless cleared to the satisfaction of the Company 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 3. Any facts, rights, interests, or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 4. Easements, liens, or encumbrances, or claims thereof, which are not shown by the Public Records. 5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 8. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; ditch rights; (d) minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel and other hydrocarbons in, on. under and that may be produced from the Land, together with all rights, privileges; and immunities related thereto, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public Records. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 7. Any lien or right to a lien for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 8. Taxes for the year 2019 are accruing as a lien; not yet due and payable. Taxes for the year 2018 were paid in the amount of $15,479.78. 9. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges. and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice,: the Commitment to Issue Policy; the Commitment Conditions, Schedule A; Schedule B, Part I - Requirements; and Schedule B. Part 11 - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form Copyright 2006-20 6American Land Title Association. Ail rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in goad standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association_ FileNo- 11798 UTALTA Commitment for Title Insurance Schedule 8-1-16 (4-2-18) Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions be leases. grants, exceptions or reservations of interests that are not listed. 10. Rights to ditches and reservoirs, and also the right of the proprietor of a vein or lode, to extract and remove his ore therefrom as set forth in the Patent from the Unites States of America to Andrew A. Taylor dated May 16, 1896 and recorded August 10, 1896 in Book 1 at Page 326, Entry No. 817. 11. Rights to ditches, reservoirs, and canals, and a right-of-way for such as constructed by the United States as set forth in the Patent from the United States to W.J. Parker dated January 2, 1924 and recorded February 14, 1942 in Book 1 at Page 45, Entry No. 189771. 12. A reservation of oil, gas, fissionable materials, silver, lead, gold, zinc, copper and potash in the Warranty Deed dated November 26, 1954 executed by Great Lakes Carbon Corporation, as Grantor to F. W. Bert Wheeler, as Grantee and recorded December 1, 1954 as Entry No. 250690 in Book 3-G at page 398. 13. Pole Line Easement granted to Utah Power & Light Company by Great Lakes Carbon Corporation dated August 3, 1953 and recorded November 27, 1953 in Book 6-M at Page 405, Entry No. 274969. 14. Restrictive Covenant for annexation and Muncipal Water and Sewer Service Connections dated December 5, 2005 and recorded February 14. 2007 as Entry No. 476278 in Book 689 at page 241. 15, Pre -Annexation Agreement dated December 19, 2006 between the City of Moab and Grandview Land LLC and William Jewett and recorded February 14, 2007 as Entry No. 476279 in Book 689 at page 244. 16. °refinance No. 2008-21 AN ORDINANCE OF THE GOVERNING BODY OF MOAB ANNEXING PROPERTY TO THE CITY OF MOAB dated August 12, 2008 and recorded August 22, 2008 as Entry No. 487958 in Book 737 at page 599. 17. North Area Annexation Map recorded August 22, 2008 as Entry No. 487959 in Book 737 at page 624. 18. Easement dated June 15, 2012 granted by Salt Lake Exchange Accommodations 338, L.L.C. also known as Salt Lake Accomdation No. 338, L.L.C., a Utah limited liability company to the City of Moab, for the purpose of constructing and maintaining paths/trails including slopes, on. over, or under the surface of real property and recorded June 15, 2012 as Entry No. 500766 in Book 783 at page 952. 19. Matters pertaining to the survey prepared by Red Desert Land Surveying dated May 31, 2018, Project 023-18. 20. Discrepancies in the legal description in the Warranty Deed from Grandview Land LLC to Salt Lake Accomdation No. 338, LLC; dated May 4, 2007 and recorded May D. 2007 in Book 696 at Page 427; Entry No_ 477660. This page is only a part of a 2016 ALTA® Commitment for Title insurance. This Commitment is not valid without the Notice: the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I - Requirements; and Schedule B. Part !! - Exceptions; and a countersignature lay the Company or its issuing agent that maybe in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 11798 LIT ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 2 of 3 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions Ajudgment search was made in the following names and none were found of record except as noted above: Salt Lake Accorndation No 338, L.L.C. AKA Salt Lake Exchange Accommodations No. 338, L.L.C., a Utah limited liability company Tramway to Moab, Inc., a Utah benefit corporation CHAIN OF TITLE: According to the Official Records. there have been no documents conveying the land described herein within a period of 24 months prior to the date of this commitment, except as follows: None This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice: the Commitment to Issue Policy: the Commitment Conditions: Schedule A: Schedule B. Part 1 - Requirements: and Schedule 8, Part ll - Exceptions: and a countersignature by the Company or its issuing agent that may be in electronic farm_ Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 11798 UT ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 3 of 3 WHAT SHARING Contact 1980 STG Privacy Notice Stewart Title Companies DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you pan limit this sharing. a Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you— For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non -financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ■ request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. us: ff you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 11798 page 1 Revised 11-19-2013 STG Privacy Notice 2 (Rev 07f26109) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE Anderson -Oliver Title Insurance Agency, Inc. DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Anderson -Oliver Title Insurance Agency, Inc., and its affiliates (" N/A "), pursuant to Title V of the Gramm -Leach -Bliley Act (GOA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Anderson -Oliver Title Insurance Agency, Inc., need to share customers' personal information to run their everyday business --to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes —to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Yes No For our affiliates' everyday business purposes— information about your creditworthiness. Na We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non -financial companies. No We don't share VHe may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often doldoes Anderson -Oliver Title Insurance Agency, Inc. notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do/does Anderson -Oliver Title Insurance Agency, Inc. protect my personal information7 To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. Flow doldoes Anderson -Oliver Title Insurance Agency, Inc. collect my personal i nformation? We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances_ Contact Us if you have any questions about this privacy notice, please contact us at: Anderson -Oliver Title Insurance Agency, Inc., 94 E. Grand Ave., Moab, UT 84532 File No.: 11798 Page 1 of 1 January 23, 2019 GRAND COUNTY CORPORATION Tax Roll Master Record 11:30:22AM Parcel: 01-0126-0012 Serial #:25-21-26-16.3.4&14. Name: SALT LAKE ACCOMDATION NO 338 LLC c/o Name: Address 1: 168 E CENTER ST Address 2: City State Zip: MOAB UT 84532-0000 Mortgage Co Status: Active Year: 2019 Entry: 477660 — Property Address N MAIN 1750 MOAB Acres: 24.80 84532-0000 District: 001 MOAB CITY 0.010522 Owners Interest Entry Date of Filing Comment SALT LAKE ACCOMDATION NO 338 LLC Property Information 477660 05/09/2007 10698/0427) 2019 Values & Taxes 2018 Values & Taxes Units/Acres Market Taxable Taxes Market Taxable Taxes BC03 COMMERCIAL BLDG 0.00 114,783 LC01 COMMERCIAL IMPROVED 24.60 1,355,003 114,783 1,208.89 1,355,003 14,270.89 114.783 114.783 1,208.89 1,355,003 1,355,003 14,270.89 Totals: 24,80 1.469.786 Property Type Year Built Square Footage 1.469, 786 15,479.78 Basement Size 1,469,786 1,469,786 15,479.78 Building Type BC03 COMMERCIAL BLDG 2005 6,198 0 **** ATTENTION II **** Tax Rates for 2019 have NOT BEEN SET OR APPROVED! Any levied taxes or values shown on this printout for the year 2019 are SUBJECT TO CHANGE!! (Using Proposed Tax Rate) 2010 Taxes: Special Fees: Penalty: Abatements: ( Payments: ( Amount Due: 15,479,7$ 0.00 0.00 0.00) 0.00) 2018 Taxes: 15,479.78 Review Date 05/15/2018 15,479.78 NO BACK TAXES! DO NOT USE THIS TAXING DESCRIPTION FOR LEGAL PURPOSES OR OFFICIAL DOCUMENTS. For taxing purposes only. Consult property deeds for full legal description. Taxing Description BEG AT C'/4 COR SEC 26 T259 R21 E SLB&M & PROC S 0°29'E 1319.1 FT; $ 0°05W 223,1 FT; N 47°40'W 231.6 FT ALONG HWY 191 RIW; WITH SAID RIW ALONG A 3739,3 FT RADIUS CURVE TO RIGHT 731.7 FT (DELTA = 11 °12'42" CHD BRG = N 42°02'W 730.6 FT); TH WITH SAID R11N N 36°26'W 506.8 FT; N 36°271N 461.1 FT; S 89°53'E 1298.3 FT TO POB 25.24 AC ( ONE CALL APPEARS TO BE SHORT--N 47°40'W 231.8 FT SHOULD BE N 47°40'W 331.8 FTt TO CLOSE) 24,8 AC t Page: 1 of 1 89°57'06" E 2663.9' PURPOSES OF ASSISTING IN LOCATING THE LAND, AND THE RECORDER'S OFFICE ASSUMES NO LIABLILITY FOR VARIATIONS IF ANY, WITH AN ACTUAL SURVEY. N 89°57'06" W 1331.95' rrr �5 y5 3 re ■ 3,511E[ 3 i.CESLOS 4 Lj 89953'50" E e 18.67 r 4 r�r fi S69•1 YtiV f� • �\ A,y GIAMMATI-EO l 1 INVESTMENTS, L.L.C. 01-126-0010 -3.61 17 J STATE CI UTAH Y ❑IVISIOr OF WILDLIFE RESOURCES �xx 16,16,23 r r r N 89°53'W 1298.3' SALT LAKE ACCOMOATION NO 331i LLC 01-126.0012 C]G.3.d7 Si5'35L9T \ I43f' :615 v 4,• . � 4 8 0 Ser-3 �4$• r .,000t%. G� ti�a +S � CASA DE AMIGOS, LLC 01-126-0008 r 1fi 3.6.1 N89°57'281'W 1337.92' m r r (16,3.8.3) 16{ 31.IF. 'r\ CASA DE AMIGOS, LLC M426.0007 >r t:t.��� ,3 f� -'Pp\ 649 as ®s •a v LASik P'1456 LLC Di-126-0006 (16.3.9 i r. MOAS LODGING LLC 01-126.0005 [16m) 127929.18 51872.57 16.3.9.1 UPRLTE6M hij G18010 WREN RECORDED MAIL TO: P.D. BOX 572594 SALT LAKE CITY, UTAH 84157-2594 Ent 477660 3k 69E, P 427._.c/a i=e{y„ ,s11.00 Cheek Filed %yo VAR GRAND COUNTY CORPORATION For: ASPEN TITLE INSURANCE AGENCY WARRANTY DEED GRANDVIEW LAND, LLC, A NEVADA LIMITED LIABILITY COMPANY of NEVADA hereby CONVEY and WARRANTY to SALT LAKE ACCOMDATION NO. 338, L.L.C. Grantor, Grantee, of SALT LAKE CITY, County of SALT LAKE, State of UTAH, for the sum of TEN DOLLARS AND NOPI DO and other good and valuable consideration, the following tract of land in GRAND COUNTY, State of UTAH, to -wit See Attached Exhibit "A" 02-0126-00DB WITNESS the hand of said grantor, this r'day of May, 2007 ND STATE OF NEVADA ) COUNTY OF W:46frl'o4- ss z On the day of May, 2007, personally appeared before me PAMELA JANE JEWETT AND WILLIAM FREDERICK JEWETT JR_ THE MANAGING MEMBERS OF GRANDVIEW LAND LLC, the signer(s) of the within Instrument, who duly acknowledged to me that they executed the same. NDV W LLC i n4 pvva---- BY: PAMELA JANE JE ET MANAGING MEMBER 1 41.111.. 1 .1. ..... a...1.. 1.,....... . NOTARY PUBLIC { STATE OF NEVADA County of Washoe '�•=• JENNIFER A. DEBENHAM a6Fm1zs-z My APAoirorneni Expires May 10, 2010 .vV Notary Public Na. G18010 EXHIBIT "A" DESCRIPTION OF A PARCEL OF LAND IN GOVERNMENT LOT 4, SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN, GRAND COUNTY, UTAH. BEGINNING AT A CORNER ON THE EAST LINE OF GOVERNMENT LOT 4, SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN, AND THE NORTHERLY RIGHT OF WAY OF HIGHWAY 191 (SAID CORNER BEARS NORTH 2686.3 FEET AND WEST 1354.4 FEET FROM THE SOUTH QUARTER CORNER SECTION 26), PROCEEDING THENCE WITH THE NORTHERLY RIGHT OF WAY OF HIGHWAY 191 NORTH 36°27' WEST 132.0 FEET TO A CORNER AT HIGHWAY STA. 182+50, THENCE WITH THE EASTERLY RIGHT OF WAY OF HIGHWAY 128 NORTH 25°33' EAST 179.4 FEET TO A CORNER OF THE EAST LINE OF GOVERNMENT LOT 4, THENCE WITH SAID EAST LINE GOVERNMENT LOT 4 SOUTH 0°13' EAST 268.1 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER SECTION 26 (V.C.=NORTH 89'56' }NEST) DESCRIPTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN, GRAND COUNTY, UTAH. BEGINNING AT CENTER QUARTER CORNER SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN PROCEEDING THENCE SOUTH 0°29' EAST 1319.1 FEET, THENCE SOUTH 0°05' WEST 223. ET, THENCE NORTH 47°40' WEST 231.8 FEET ALONG HIGHWAY 191 RIGHT OF WAY, WITH SAID RIGHT OF WAY ALONG A 3739.3 FEET RADIUS CURVE TO THE RIGHT 731.7 FEET (SAID CURVE HAS A DELTA OF 11'12'42" AND CHORD BEARING NORTH 42°02' WEST 730.6 FEET), THENCE WITH SAID RIGHT OF WAY NORTH 36926' WEST 506.8 FEET, THENCE NORTH 36°27' WEST 461.1 FEET, THENCE SOUTH 89°53' EAST 1298.3 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, GAS, FISSIONABLE MATERIALS, SILVER, LEAD, GOLD, ZINC, COPPER AND POTASH. Ent 4776E Bk 0696 Pg 0-428 First American Title insurance Company FINAL PLAT OF TRAM SUBDIVISION (EXISTING 15' WIDE CITY TRAIL EASEMENT) TRAM BUILDING v 7.5' GRAND COUNTY 01-126-0014 C9 �,6, L30 ctx, ° LINE TABLE LINE BEARING DISTANCE L1 S 36°26'50" E 566.70' L2 S 66°09'05" E 132.76' L3 N 66°56'43" E 152.52' L4 S 39°28' 16" E 96.18' L5 S 47°30'09" E 122.02' L6 S 65°45'47" E 60.11' L7 N 21 °44'27" W 50.03' L8 N 01 °45' 16" W 84.99' L9 N 39° 17'35" W 56.18' L10 N 39° 17'35" W 107.52' L11 N 29°25'23" E 78.97' L12 S 36°26'50" E 193.12' L12 S 54°36'27" E 138.00' L13 S 53°33' 10" W 161.81 ' L13 N 47°40' 19" E 41.23' L14 S 58°04'26" E 52.13' L15 N 53°33' 10" E 72.50' L16 N 53°34' 1 1 " E 81.81 ' L17 S 36°26'50" E 135.00' L18 N 53°33' 10" E 65.00' L19 S 53°33' 10" W 65.00' L20 S 36°26'50" E 270.00' L21 S 53°33' 10" W 60.00' L22 S 36°26'50" E 644.14' L23 S 53°33' 10" W 90.80' L24 S 53°33' 10" W 52.60' L25 S 36°26'50" E 70.26' L26 N 36°26'50" W 108.40' L27 N 26°31 '30" E 57.91 ' L28 N 25°03' 12" E 19.73' L29 S 36°26'50" E 75.75' L30 N 53°33'45" E 141.81 ' L31 N 35°54'34" W 168.91 ' f L28 �j '"b G •s 10' WIDE DRAINAGE & UTILITY EASEMENT 5' EACH SIDE OF LOT LINE \`'.3 566.53' v' -) qty�(c1o) (N 25°55'41" W 84.16') V� S 89°53'00" E 1298.30' ACCESS AND CROSS PARKING EASEMENT AREA (HATCHED AREA) c; C?. O (EXISTING 15' WIDE CITY TRAIL EASEMENT END) D� c� A SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN O O O LOT 2 635388 Sq. Feet 14.59 Acres S 89°53'00" E 119.05' TRAM BUILDING a_ S 89°53'00" E 356.80' 20' ACCESS C8 EASEMENT 15' UTILITY EASEMENT �3 7. C4 cS LOT 1 456711 Sq. Feet 10.48 Acres A= 775.95' R= 2948.45' CB= N 42°03'41" W CL= 773.71' CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C2 25.77' 50.00' 29°31 '37" S 51 °23' 17" E 25.48' C3 61.40' 75.00' 46°54' 1 1 " S 89°36' 1 1 " E 59.70' C4 15.95' 50.00' 18° 16'27" N 76°04'56" E 15.88' C5 48.27' 20.00' 138° 16'31 " N 47°23'48" E 37.38' C5 48.27' 50.00' 55° 18'35" S 67°07'33" E 46.41 ' C6 48.27' 20.00' 138° 16'31 " N 47°23'48" E 37.38' C7 81.39' 60.00' 77°43'14" N 86°31'56" E 75.29' C8 64.80' 50.00' 74° 15' 15" N 84°47'56" E 60.36' C9 154.17' 50.00' 176°39'38" S 83° 15'53" E 99.96' C 10 44.21 ' 2933.45' °51 '49" S 34°57'20" E 44.21 ' 20' ACCESS - & UTILITY EASEMENT LEGEND ® Found Property Corner QQ Set Property Corner Section Corner Monument N O cn USA CENTER QUARTER CORNER SECTION 26, T25S, R22E, SLB&M (FOUND REBAR & CAP) D „00,6Z000 S w 0 m cn v 0 (ONIHV39 JO SIS` EI) VICINITY MAP osurs.) vor( )91 PROJECT SITE SR i28 40' UTILITY & FACILITY ACCESS EASEMENT USA M Cf5 CV CV 0 O O ° O O i O i O i ° I N I cc) i O i O i = i m I I IV I CY) iW co I i O I-.1 I I i i -1- 02-126-0010 SOUTH QUARTER CORNER SECTION 26, T25S, R22E, SLB&M (FOUND REBAR) I I r GRAPHIC SCALE 100 0 50 100 200 SURVEYOR'S CERTIFICATE I, Lucas Blake, certify that I am a Professional Land Surveyor as prescribed under the laws of the state of Utah and that I hold license no. 7540504. I further certify that a land survey was made of the property described below, and have subdivided said tract of land into lots and streets hereafter to be known as: TRAM SUBDIVISION and that same has been correctly surveyed and staked on the ground as shown on this plat. Lucas Blake Date License No. 7540504 BOUNDARY DESCRIPTION Beginning at the Center Quarter corner of Section 26, Township 25 South, Range 21 East, Salt Lake base and Meridian, and proceeding with Center Section line thence South 00°29'00" East 1319.10 feet; thence South 00°05'00" West 223.13 feet to the north right-of-way of US highway 191; thence with said right-of-way the following three courses: North 47°51'49" West 301.10 feet (RECORD=N 47°40' W 231.8 Ft.); thence with a curve having a radius of 2948.45 feet, to the right with an arc length of 775.95 feet, (a chord bearing of North 42°03'41" West 773.71 feet); thence North 36°26'50" West 955.23 feet; thence South 89°53'00" East 1298.30 feet to the point of beginning, having an area of 25.07 acres, more or less. OWNER'S DEDICATIION KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED OWNERS OF THE HEREON DESCRIBED TRACT OF LAND HAVING CAUSED SAME TO BE SUBDIVIDED INTO LOTS AND STREETS TO BE HEREAFTER KNOWN AS: TRAM SUBDIVISION DO HEREBY DEDICATE FOR PERPETUAL USE OF THE PUBLIC ALL PARCELS OF LAND SHOWN ON THIS PLAT AS INTENDED FOR PUBLIC USE. ACKNOWLEDGMENT STATE OF COUNTY OF ON THE DAY OF 20 - - , PERSONALLY APPEARED BEFORE ME, WHOM DID ACKNOWLEDGE TO ME THAT THEY SIGNED THE FOREGOING OWNER'S DEDICATION FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES STATED THEREIN. NOTARY PUBLIC NOTARY PUBLIC FULL NAME: COMMISSION NUMBER: S.S. MY COMMISSION EXPIRES: A SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 25 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN APPROVAL BY MOAB CITY PUBLIC WORKS APPROVED THIS DAY OF 20 DIRECTOR AD, RED DESE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 Project Date Sheet 023-18 5/17/19 1 OF 1 APPROVAL BY MOAB CITY ATTORNEY APPROVED THIS DAY OF CITY ATTORNEY AD, 20 APPROVAL BY MOAB CITY ENGINEER APPROVED THIS DAY OF CITY ENGINEER APPROVAL BY MOAB CITY PLANNING COMMISSION AD, 20 APPROVED THIS DAY OF CHAIR AD, 20 APPROVED THIS APPROVAL BY MOAB CITY COUNCIL COUNTY RECORDER NO. DAY OF AD, 20_STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF MOAB CITY MAYOR DATE BOOK PAGE F E E 1" (INCH) =100' (FEET) ATTEST: COUNTY RECORDER CITY OF MOAB RESOLUTION NO. 42-2019 A RESOLUTION CONDITIONALLY APPROVING THE MOAB TRAMWAY MINOR SUBDIVISION AT 1750 North Hwy 191, AS REFERRED TO COUNCIL BY THE PLANNING COMMISSION The following describe the intent and purpose of this resolution: a. Michael Duehrssen, (Applicant), has applied for a minor subdivision of the Moab Tramway Property located at 1750 N Hwy 191 Moab, Utah; and b. Applicant submitted to the City of Moab the appropriate application and documents for review and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020; and c. The property is in the RC Resort Commercial Zone and the proposed uses are allowed as permitted uses; and d. Owner desires to subdivide the parcel into two parcels. Parcel 1 would be 10.48 acres and lot 2 would be 14.59 acres; and e. The proposed lots satisfy the dimensional requirements of the RC Zone; and f. The Moab Planning Commission reviewed the application for the Moab Tramway Minor Subdivision in a regularly scheduled meeting held on July 25, 2019, to review the application and subsequently recommending approval to the City Council in accordance with MMC Chapter 16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a public hearing; and g. The Moab City Council reviewed the application and considered the Planning Commission and Staff recommendations in a public meeting held on August 13, 2019; and h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City Council, pursuant to Resolution #42-2019, hereby finds, that the subdivision can meet or exceeds the pertinent code requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the Moab Tramway Subdivision is hereby APPROVED with the following conditions: 1. All engineering comments shall be addressed to the satisfaction of the City Engineer prior to review by City Council. 2. Site Plan Review and approval is required prior to site development for either newly created lot. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on _______ __, 2019. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder City Council Agenda Item Meeting Date: August 13, 2019 Title: Consideration and Possible Approval of the HooDoo Village Three Lot Minor Subdivision on Property Located at 201 Walnut Lane. Staff Presenter: Nora Shepard, Planning Director Attachment(s): Attachment 1: Application Attachment 2: Draft Plat Options: 1. Approve the Minor Subdivision Plat with or without revisions 2. Continue action on the item and give specific direction to the applicant and staff as to additional information needed. 3. Deny the Minor Subdivision Applicant: Amy Weiser for Moab Development Trust – Business Resolutions, LLC Recommended Motion: I move to approve the HooDoo Village Minor Subdivision, subject to the following conditions: 1. All engineering comments shall be addressed to the satisfaction of the City Engineer prior to review by City Council. 2. Site Plan Review and approval is required prior to site development for either newly created lot. Background: On June 12, 2019, a complete application was submitted for the HooDoo Village Subdivision. The application was reviewed by the Development Review Team (DRT) and comments sent to the applicant. Project Summary: This subdivision plat splits 1 parcel into 3 parcels, Lot 1 for the existing apartments, Lot 2 for the proposed second apartment building and Lot 3 for future development. This subdivision simply creates the larger parcels for the different types of development in the HooDoo. A plat such as this would allow each parcel to be sold and developed by different owners. The approvals for the HooDoo Hotel and Village remain in place and will apply to any new owners. There are some engineering and utility issues related to the development of lots 2 and 3. Those issues will be addressed at the time of Site Plan review and approval. Process: Because this is a minor subdivision, no public hearing is required. MMC Section 16.08.020 allows for exceptions to the final plat hearing process for minor subdivisions of five lots or less. These applications must be reviewed by the Planning Commission and referred to Council with a recommendation, as noted below. “MMC Section 16.08.020, Exceptions--Final plat, discusses the process and required documents In subdivisions of less than five lots, land may be sold after recording of a plat, if all the following conditions are met: A. The subdivision plan shall have been approved by the planning commission, the planning coordinator, the city engineer, the city attorney, other agencies the zoning administrator deems necessary, and the city council; B. The subdivision is not traversed by lines of a proposed street, and does not require the dedication of any land for street or other purposes; C. Each lot within the subdivision meets the frontage width and area requirements of the zoning title or has been granted a variance from such requirements by the appeal authority; D. All final plat requirements shall be complied with; E. All provisions of Chapter 16.20 of this title shall be complied with; and F. The water supply and sewage disposal shall have been approved by the utility supervisor. '1\ CITY OF MOAB MINOR SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK G1TY O> MOAB DATE STAMP FOR CITY USE ONLY TO BE FILLED OUT BY APPLICANT PROJECT NAME (if any): r1 O�i 00 V\1\QP��151bA PROJECT STREET ADDRESS 2 ti` o\\r�k \Kok �, �V 1D . I .\ OR ACCESS STREET: _ \ ` '1 RECEIVED APR 10 2019 BY* FOR CITY USE ONLY i 4--- APPLICATION NUMBER: 1q --- O k DATE RECEIVED: ikA,0 ,k l� APPLICATION FEE: $200.00 PLUS $25.00 PER LOT TREASURER'S RECEIPT NUMBER: a 5 5 a c. All applications are subject to review by city staff for completeness. Staff will notify the applicant of deficiencies or completeness within fifteen days. SUBMITTAL REQUIREMENTS MYLAR FINAL PLAT REQUIRED PRIOR TO CITY COUNCIL REVIEW APPLICATION One original (which must contain an original signature of owner/agent) FULL-slzE DRAWINGS THREE (3) copies of the required drawings must be provided. Drawings must be 18"x 24" or 24" x 36" in size. REDUCED DRAWINGS TWO (2) copies of the drawings reduced to 8.5"x 11 " or 11 "x 17" must be provided. FEES $200.00 plus $25.00 per lot 4TAC3.00 ATTACHED SUBMrrTAL CHECKLIST Please refer to attached Submittal Checklist for further information. Note: when submitting this application, please do not copy or include the Submittal Checklist sheets attached to the back of this application. REQUIRED SIGNATURES (sign & date) Public Works Director Fire Chief City Engineer Building Inspector City Planner Streets Superintendent Zoning Administrator Water & Sewer Superintendent City Manager City Recorder DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info@moabcity.org Website: www.moabcity.org CITY OF MOAB MINOR SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK A. GENERAL INFORMATION I. Name of property owner: OAD DeA e, 1 PAPt � Tff4 i'P SoVs -4-, , C Address: 3t3, Phone: Fax: Name of property owner: Address: Phone: E-mail: E-mail: Fax: Attach additional owner information if necessary. If the owner(s) of record as shown by the county assessor's office is (are) not the agent, the owner's (owners) signed and notarized authorization(s) must accompany this application. 2. Applicant or contact person: Address: Phone: -4i11(1 \\j� 3b 1 S . (-1e11 E- / gCs21S —111Z Z. Fax: E-mail: CAM1 hZ co* 3. Name of land surveyor: LU C A 1210\4 - \-- y c\t VP } Q In �UV\f et,uh' Address: rJO S. 10 e 2 Phone: N�,S- 9 (00- 41 to-1 E-mail: 4. Description of proposal: Fax: 2d W AI n Ul- \ nu, M i i-bk mN S,kw Sub- \\M-D 0 5. Does the property/site contain hillside slopes over 25%? 6. Does any portion of the property/site reside in the FC-1 flood zone? ❑ yes 4. no ❑ unknown ❑ yes \kio ❑ unknown DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info@moabcity.org Website: www.moabcity.org CITY OF MOAB MINOR SUBDIVISION APPLICATION FORM MUST BE COMPLETED IN INK 7. Are any restrictive covenants existing or proposed? (If yes, please attach.) Dyes 8. Are there underlying/overlying agreements on the property? ❑ yes If yes, check as appropriate and provide a copy of the decision document: ❑ Conditional Use Permit ❑ Zoning Variance ❑ Planned Unit Development ❑ Other: Under which jurisdiction was the approval given? ❑ City of Moab ❑ Grand County Approval date: unknown I h rtify that I have read this : pplication and know the same to be true and correct. V' Signature of owner or authorize �iE(.(Aac I - i- IA-14,1 lease Print Name ‘/r/ 9 Date *Signature of owner or authorized agent Date Please Print Name *If signatory is not the owner of record, the attached "Owner/Agent Agreement" must be signed and notarized DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 217 EAST CENTER STREET • MOAB, UTAH • 84532 Phone: (435) 259-5129 • Fax: (435) 259-4135 • E-mail: info@moabcity.org Website: www.moabcity.org RED DESE Land Surveying, LC Lucas Blake, PLS 435.260.0104 Lucas@ reddesertsurvey.com Sommar Johnson Moab City Zoning Administrator 217 E. Center Street Moab, UT 84532 RE: 201 Walnut Lane, Business Resolutions, LLC, Moab, Utah Dear Mrs. Johnson: April 10, 2019 Business Resolutions owns the parcel located at 201 Walnut Lane, Moab Utah. The parcel is located West behind the new Hoodo Hotel. This parcel has an existing apartment constructed on it. The proposal is to subdivide into 3 lots, 1 for the existing apartment and Lot 2 for future apartments, lot 3 for future development. Thank you for your attention to this matter. If you have any questions, comments or concerns, please do not hesitate to contact me. Sincerely, Lucas Blake, PLS 11Page ir June 5, 2019 Nora Shepard, Planning Director City of Moab Real Estate • Business Resolutions RE: Submittal Requirements HooDoo Village Minor Subdivision Dear Nora - Property Management The minor subdivision was submitted by Lucas Blake on April 10, 2019. Some of the required items were missing from the submittal. Enclosed please find: 1. Two (2) reduced copies of the tentative plat 2. Application fee in the amount of $275 3. Additional narrative explaining the purpose for the subdivision 4. Application form with owners signature With these additional items you should now have a complete application. If we've missed anything or if you need anything further, please let me know. Thank you, Amy Weiser Project M. + . ger Real Estate Resolutions, LLC - Business Resolutions, LLC - Resolutions Property Management, LLC P.O. Box 99, Moab, UT 84532 Narrative — HooDoo Village Subdivision The HooDoo Hotel is nearing completion and the owners are moving forward with phase two of the project. Phase 2 will consist of thirteen (13) casitas on the same lot as the hotel and an additional 24-unit HooDoo Employee housing apartment building on its own lot. The owners are ready to submit the site plan application for the new 24-unit employee housing apartment, called HooDoo Village East. In order to secure financing for the additional employee housing building the owners need to get the minor subdivision completed. The result of the subdivision will be three (3) lots. Lot 1 — Existing 18-unit HooDoo Village Employee Housing Lot 2 — Future 24-unit HooDoo Village East Employee Housing Lot 3 — HooDoo Hotel and future Casitas The ownership structure will remain the same; but for financing purposes the apartment buildings need to be on their own lots. The HooDoo Village apartments is in the process of turning over units to new HooDoo hotel employees and it is such a benefit in the hiring process to be able to provide affordable housing in close proximity to the hotel. The owners are looking forward to starting construction of the second employee housing apartment. Real Estate Resolutions, LLC - Business Resolutions, LLC - Resolutions Property Management, LLC P.O. Box 99, Moab, UT 84532 FINAL PLAT HOODOO VILLAGE SUBDIVISION SITE VICINITY MAP NOT TO SCALE LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN MOAB CITY, GRAND COUNTY, UTAH WALNUT LANE S 89°47'00" E 299.74' O M co N 00°51'00" W 156.55' LOT 1 19,075 sq. ft. 0.44 acres 154.71' O 0 O O 0 NORTHWEST CORNER SECTION 1, T26S, R21E, SLB&M POINT OF BEGINNING BASIS OF BEARING N 89°55'31" E 2630.51' WEST 667.1' N N N O 143.19' LOT 2 17,535 sq. ft. 0.40 acres 144.55' N 89°57'12" E 299.26' S 89°45'00" W 43.20' ° 0 GLASS 01-001-0157 0a 'ems O N 58°34'00" W 1.07' N 88°06'00" W 26.0' LOT 3 89,076 sq. ft. 2.05 acres R= 339.25' D= 6°33'23" A= 38.79' B= N 61 °46'00" W CL= 38.8' LEGEND 5 Section Corner Monument pQ Property Corner Vv �c in 0 O cO co S 00°38'00" E 01-001-0148 01-001-0127 (TIE) v SOUTH 1389.2' J GRAPHIC SCALE 30 0 15 30 w� 1" (INCH) = 30 ' (FEET) NORTH QUARTER CORNER SECTION 1, T26S, R21E, SLB&M SURVEYOR'S CERTIFICATE I, Lucas Blake, do hereby certify that I am a Professional Land Surveyor, and that I hold License No. 7540504, as prescribed under the laws of the State of Utah. I further certify that by authority of the owners, I have made a survey of the tract of land shown on this plat and described hereon, and have subdivided said tract of land into lots and streets, together with easements, hereafter to be known as HOODOO VILLAGE SUBDIVISION and that the same has been correctly surveyed and monumented on the ground as shown on this plat. Lucas Blake License No. 7540504 Date BOUNDARY DESCRIPTION BEGINNING AT A POINT SOUTH 1389.2' AND WEST 667.V FROM THE NORTH QUARTER CORNER, SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST, SALT LAKE BASE AND MERIDIAN, AND RUNNING THENCE SOUTH 0°38'00 EAST 318.61 FEET; THENCE SOUTH 8°09'00" WEST 77.40 FEET; THENCE SOUTH 52°23'00" WEST 147.60 FEET; THENCE NORTH 88°06'00" WEST 26.0 FEET (RECORD= 25.88 FEET) TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WILLIAMS WAY; THENCE ALONG WILLIAMS WAY WITH A CURVE HAVING A RADIUS OF 339.25 FEET, TO THE RIGHT WITH AN ARC LENGTH OF 38.79 FEET, (A CHORD BEARING OF NORTH 61°46'00" WEST 38.80 FEET); THENCE ALONG WILLIAMS WAY NORTH 58°34'00" WEST 1.07 FEET TO THE EAST BOUNDS OF GLASS PARCEL; THENCE ALONG GLASS PARCEL NORTH 26°04'00" WEST 150.60 FEET; THENCE ALONG GLASS PARCEL SOUTH 89°45'00" WEST 43.20 FEET; THENCE NORTH 0°51'00" WEST 331.60 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WALNUT LANE; THENCE SOUTH 89°47'00" EAST 299.74 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING. CONTAINS 2.89 ACRES. OWNER'S DEDICATIION Know all men by these presents that the undersigned are the owners of the above described tract of land, and hereby cause the same to be divided into lots, parcels and streets, together with easements as set forth to be hereafter known as HOODOO VILLAGE SUBDIVISION and do hereby dedicate for the perpetual use of the public all roads and other areas shown on this plat as intended for public use. The undersigned owners also hereby convey to any and all public utility companies a perpetual, non-exclusive easement over the public utility easements shown on this plat, the same to be used for the installation, maintenance and operation of utility lines and facilities. The undersigned owners also hereby convey any other easements as shown on this plat to the parties indicated and for the purposes shown hereon. ACKNOWLEDGMENT STATE OF COUNTY OF ON THE DAY OF S.S. 20 , PERSONALLY APPEARED BEFORE ME, WHOM DID ACKNOWLEDGE TO ME THAT THEY SIGNED THE FOREGOING OWNER'S DEDICATION FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES STATED THEREIN. NOTARY PUBLIC NOTARY PUBLIC FULL NAME: COMMISSION NUMBER: MY COMMISSION EXPIRES: SURVEY NARRATIVE The property has been accurately surveyed with the intent to subdivide land. The basis of bearing is N 89°58'31" E between the Ni Corner and the NW corner of Section 1, Township 26 South, Range 22 East, Salt Lake Base and Meridian. S. P. C. Utah Central NAD83 (US Survey Feet) coordinates used. 5/8" x 24" rebar with survey cap to be placed at all lot corners or rights of way. Off -set pins to be placed in the back of the curb where applicable, in lieu of rebar and cap at front corners. A SUBDIVISION LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 21 EAST SALT LAKE BASE AND MERIDIAN APPROVAL BY MOAB CITY MAYOR APPROVED THIS DAY OF AD, 20 RED DISE Land Surveying 30 South 100 East Moab, UT 84532 435.259.8171 COUNTY RECORDER NO. Project Date Sheet 017-17 10/30/18 1 OF 1 STATE OF UTAH, GRAND COUNTY, RECORDED AT THE REQUEST OF MOAB CITY MAYOR ATTEST: DATE BOOK PAGE COUNTY RECORDER FEE CITY OF MOAB RESOLUTION NO. 43-2019 A RESOLUTION CONDITIONALLY APPROVING THE HOODOO MINOR SUBDIVISION AT 201 WALNUT LANE, AS REFERRED TO COUNCIL BY THE PLANNING COMMISSION The following describe the intent and purpose of this resolution: a. Moab Development Trust – Business Resolutions, LLC, (Owner and applicant), has applied for a minor subdivision of the HooDoo Village Minor Subdivision in Moab, Utah; and b. Applicant submitted to the City of Moab the appropriate application and documents for revi ew and approval of the proposed two-lot minor subdivision as required in MMC Chapter 16.08.020; and c. The property is located in the C-3 Central Commercial Zone and the proposed uses are allowed as established as permitted uses; and d. Owner desires to subdivide the parcel into three parcels.; Lot 1 is .44 acres, Lot 2 is .40 acres and Lot 3 is 2.05 acres and e. The proposed lots satisfy the dimensional requirements of the C-3 Zone; and f. The Moab Planning Commission reviewed the application for the HooDoo Village Minor Subdivision in a regularly scheduled meeting held on July 25, 2019, and subsequently recommended approval to the City Council in accordance with MMC Chapter 16.08.020 that allows a minor subdivision of less than five (5) lots to be reviewed without a public hearing; and g. The Moab City Council reviewed the application and considered the Planning Commission and Staff recommendations in a public meeting held on August 13, 2019; and h. Following the consideration of the technical aspects of the pertinent code sections, the Moab City Council, pursuant to Resolution #43-2019, hereby finds, that the subdivision can meet or exceeds the pertinent code requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL, the application for the HooDoo Village Minor Subdivision is hereby APPROVED with the following conditions: 1. All engineering comments shall be addressed to the satisfaction of the City Engineer prior to review by City Council. 2. Site Plan Review and approval is required prior to site development for either newly created lot. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on _______ __, 2019. SIGNED: ________________________________ Emily Niehaus, Mayor ATTEST: ________________________________ Sommar Johnson, Recorder Moab City Council Agenda Item Meeting Date: July 11, 2017 Title: Ordinance 2019-22: Authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights-of- way. Disposition: Discussion and possible action Staff Presenter: Chuck Williams, City Engineer Attachment(s): -Attachment 1: Ordinance No. 2019-22 Recommended Motion: I move to adopt the “Ordinance 2019-22 authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights-of-way.” Background/Summary: There has been an increase in activities that are likely to impact public rights- of-way, such as large construction projects and public events. These activities can have a significant impact to the flow of traffic or may affect the safety of other road users, including drivers, cyclists, and pedestrians . In these cases, it may be necessary to develop and implement a Traffic Control Plan (TCP), which can involve but is not limited to: changing road signage, striping, speed limits, or parking conditions. The City has a compelling public interest to assure safety for all people travelling within its rights-of-way, and to prevent dangerous conditions from affecting them. Pursuant to U.C.A. § 10-8-11 and § 10-8-69 municipalities have the authority to regulate activities that affect public streets. This ordinance creates a mechanism by which a TCP may be developed and its requirements enforced, and makes the responsible party or parties liable for costs. If passed, it may be used in the near future for changing road signing and striping to accommodate impactful activities. Staff recommends approval to Council of the Ordinanc e. 1 CITY OF MOAB ORDINANCE NO. 2019-22 An ordinance authorizing the City to require a traffic control plan and authorizing the City to recover its costs for traffic control associated with events, construction activities, or other activities affecting public rights-of-way The following describe the intent and purpose of this ordinance: a.The City has seen an increase in activities that are likely to impact public rights-of-way. As construction and public events have increased, so too have traffic impacts. b.The City has a compelling public interest to assure pedestrian, bicyclist, and motorist safety, and to prevent dangerous conditions from affecting public rights-of-way. c.Pursuant to U.C.A. § 10-8-11 and § 10-8-69 municipalities have the authority to regulate activities that affect public streets. d.The City finds that this ordinance is necessary to prevent traffic hazards and threats to public safety. THEREFORE, the Moab Municipal Code is amended with the adoption of the following new section. 10.04.260 Traffic Control Plan, Cost Reimbursement. A.As used in this section, a responsible person means a property owner, contractor, developer, event sponsor, or other person engaging in activity that is likely to impact public rights-of-way or likely to cause pedestrian, bicycle, or motor vehicle safety problems. B.If, in the judgment of the City, construction activities, events, or other activities are likely to generate significant impacts on traffic, public safety, or public rights-of-way the City may require that responsible persons submit a Traffic Control Plan (TCP), or City staff may generate its own TCP. If applicable, a TCP may be combined with an encroachment or excavation permit, as authorized by MMC 13.08.090, special event permits under MMC Title 4, or with other permits issued by the City. C.TCP requirements may include, but are not limited to: flaggers; signage; parking restrictions; barricades; striping; altered speed limits; one-way streets; traffic signals; lighting; limitations upon access or turning movements; limitations on the timing of activities; or such other measures or requirements as may reasonably address the impacts of any activity within or adjacent to public rights-of-way. 2 D. The City Engineer may review, modify, or approve a TCP as dictated by the circumstances. An approved TCP shall be in writing and issued to the responsible person. Once approved, responsible persons performing activities within or adjacent to public rights-of-way shall comply with all requirements of the TCP. E.Responsible persons performing activities within or adjacent to public rights-of- way shall procure and continuously maintain those traffic control measures mandated by the TCP. If a responsible person subject to a TCP should fail or refuse to comply with its terms the City, in addition to all other remedies provided in this Chapter, may: i) elect to implement traffic control measures and the responsible person(s) shall be liable to reimburse the City for all such implementation costs; and/or ii) if applicable, issue notice and revoke other permits (e.g. building permits, special event permits, or the like) associated with the activity. Prior to invoking such remedies the City shall deliver written notice to the responsible person(s) identifying the violation(s) and allowing that party a reasonable period of time of not less than five (5) days in which to cure or abate the problem. No written notice or cure period is required in the case of conditions that present an immediate risk to public health or safety. F.In addition to, or in lieu of other remedies under this Chapter, the City may maintain a civil action against all responsible persons to recover all of its actual costs associated with implementing or assuring compliance with a TCP. In any civil action the City shall be entitled to recover its reasonable attorney fees and court costs in addition to monetary or other relief. 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 Moab City Council Agenda Item Meeting Date: August 13, 2019 #: Click here to enter text. Title: Approval of Proposed Resolution # 39-2019- A Resolution of the Governing Body Declaring Certain City Property as Salvage Staff Presenter: Carmella Galley Attachment(s): Proposed Resolution Options: Approve, deny, or modify. Recommended Motion: Staff recommends approving the proposed resolution.” Background/Summary: Since the recent auction, the City has uncovered surplus equipment that needs to be disposed of. This surplus equipment is a 2007 Dodge Charger Police Vehicle that has been used for spare parts and equipment on other vehicles and has come to the end of its usefulness. Attached is a resolution and equipment list for the council to review. Once the property is declared as salvage by the City Council we can proceed with the disposal process. RESOLUTION #39-2019 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SALVAGE/SURPLUS WHEREAS, Moab City has the right and title to certain property listed below and; WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: 1.This surplus equipment is a 2007 Dodge Charger Police Vehicle that has been used for spare parts and equipment on other vehicles and has come to the end of its usefulness is hereby declared as salvage/surplus city property. 2.This resolution shall take affect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 13th day of August, 2019. SIGNED: ______________________________ ATTEST:Emily S. Niehaus, Mayor __________________________________ Sommar Johnson, City Recorder Moab City Council Agenda Item Meeting Date: August 13, 2019 Title: Resolution 37-2019: A Resolution Adopting an Interlocal Agreement for the Provision of Election Services by and between the City of Moab and Grand County Disposition: Discussion and possible action Staff Presenter: Sommar Johnson, City Recorder Attachment(s): - Attachment 1: Resolution 37-2019 - Attachment 2: Interlocal Cooperation Agreement Recommended Motion: I move to adopt the Resolution 37-2019 approving an interlocal agreement between the City of Moab and Grand County for election services Background/Summary: The Grand County Clerk’s Office is providing election services for the City this year. The scope of work is listed as “Exhibit A” and includes ballot layout, printing, mailing, and tabulating. The City performs all administrative responsibilities for the election including compliance with Utah State Code requirements for noticing and financial disclosure reporting. 1 CITY OF MOAB RESOLUTION NO. 37-2019 A RESOLUTION ADOPTING AN INTERLOCAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BY AND BETWEEN THE CITY OF MOAB AND GRAND COUNTY The following findings describe the reasons for this resolution and explain its purpose. a.The State of Utah allows Counties to provide election services for the Municipal 2019 Primary and General elections; and b.The City of Moab and Grand County have determined that those services can best be provided through the creation of an Interlocal Agreement; Now therefore, the City of Moab resolves as follows: 1.The Council hereby authorizes and approves the Agreement in substantially the form presented to this meeting of the Moab City Council. 2.The appropriate officials are hereby authorized and directed to execute and deliver the Agreement in substantially the form presented to this meeting of the Council. 3.This resolution shall be effective immediately upon its passage. PASSED AND APPROVED this 13th day of August, 2019. By:___________________________________________ Emily S. Niehaus, Mayor Date Attest: By:___________________________________________ Sommar Johnson, Recorder Date 1 • ,,, INTERLOCAL COOPERATION AGREEMENT BETWEEN GRAND COUNTY on behalf of the GRAND COUNTY CLERK'S OFFICE, ELECTIONS DIVISION -AND- THE CITY OF MOAB THIS AGREEMENT is made and entered into the day of ________ 2019, by and between GRAND COUNTY, a political subdivision of the State of Utah ("County"), on behalf of its Clerk's Office, Elections Division, and the City of Moab ("City"). The County and the City are sometimes referred to collectively as the "Parties" and may be referred to individually as a "Party." WITNESS ETH: WHEREAS, the County desires to provide the services of its Clerk's office, Elections Division, to the City for the purpose of assisting the City in conducting the City's 2019 primary and general municipal elections; and WHEREAS, the City desires to engage the County for such services; NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained, the Parties agree as follows: 1 . Term. County shall provide election services to the City commencing on the date this Agreement is executed, and terminating on January 1, 2020. The term of this Agreement may be extended by mutual agreement in writing signed by all Parties. Either Party may cancel this Agreement upon sixty (60) days written notice to the other party, unless cancellation would jeopardize t h e conduct of the next election. Upon such cancellation, each Party shall retain 2 ownership of any property it owned prior to the date of this Agreement, and the City shall own any property it created or acquired pursuant to this Agreement. 2.Scope of Work. The services to be provided by the Grand County Clerk's Office, Elections Division, shall be as set forth in the Scope of Work, attached hereto and incorporated by reference as Exhibit A.Generally, the County Clerk shall perform all elections administration functions as set forth in Exhibit A and as needed to ensure implementation of the City's 2019 primary and general municipal election. 3.Legal Requirements. The County and the City understand and agree that the 2019 primary and general municipal election are the City's elections. The City shall be responsible for compliance with all legal requirements for these elections and shall direct the manner in which the elections are conducted. County agrees to work with the City in complying with all legal requirements for the conduct of these elections and conduct these elections pursuant to the direction of the City. The City, not the County, is responsible for resolving any and all election questions, problems, and legal issues that are within the City's statutory authority. The point of contact for all communications under this Agreement shall be Sommar Johnson, on behalf of the City, and Chris Baird, on behalf of the County. In the event that the County is alerted to any protest or objection as to the administration of the City election, it shall promptly notify the City as to the nature of same. As the election official, Sommar Johnson, shall be responsible for providing direction to the County to resolve any election-related compliance issues. 4.Cost. In consideration of the services performed under this Agreement, the City shall pay the County an amount not to exceed the rate estimate given to the City by the County in Exhibit B. The County shall provide a written invoice to the City at the conclusion of the elections, and the City shall pay the County from the invoice within thirty (30) days of receiving it. The 3 invoice shall contain the number of active registered voters as of one week before Election Day, the rate used, and jurisdictions participating in the election(s). In the case of a vote recount, election system audit, election contest, or similar event arising out of the City's election, the City shall pay the County's actual cost of responding to such events, based on a written invoice provided by the County. In this Agreement the term actual cost shall be defined to mean the hourly wage cost of County election staff, excluding employee benefits, incurred in the performance of services under this Agreement, together with all copying or vendor costs incurred as part of that service. The invoice amount for these additional services may cause the total cost to the City to exceed the estimate given to the City by the County. For such consideration, the County shall furnish all materials, labor and equipment to complete the requirements and conditions of this Agreement. 5.Governmental Immunity. The City and the County are governmental entities and subject to the Governmental Immunity Act of Utah, Utah Code Ann. §§ 63G-7-101, et seq. ("Act"). Subject to the provisions of the Act, the City and County agree to indemnify and hold harmless the other Party, its agents, officers, and employees from and against any and all actions, claims, lawsuits, proceedings, liability damages, losses and expenses (including attorney's fees and costs) arising out of or resulting from the performance of this Agreement to the extent the same are caused by any negligent or wrongful act or omission of that Party, its officers, agents, or employees. Nothing in this Agreement shall be deemed a waiver of any rights, statutory limitations on liability, or defenses applicable to the City or the County under the Act. 6.Election Records. The County shall maintain and keep control over all records created pursuant to this Agreement and to the elections relevant to this Agreement. The County shall respond to all public record requests related to this Agreement and the underlying elections and shall retain all election records consistent with the Government Records Access and 4 Management Act, Utah Code Ann. §§ 630-2-101 et seq. (GRAMA) and all other relevant local, state and federal laws. In the event that the City receives a GRAMA request, subpoena, or other legal request to produce records pertaining to its administration of City elections, the County agrees to promptly provide copies of all election records kept under this Agreement to the City. 7.Service Cancellation. I f t h e Agreement is canceled by the City as provided herein, the City shall pay the County on the basis of the actual cost of services performed according to the terms of this Agreement. Upon cancellation of this Agreement, the County shall submit to the City an itemized statement for services rendered under this Agreement up to the time of cancellation and based upon the dollar amounts for materials, equipment and services set forth herein. 8.Legal Compliance. The County, as part of the consideration herein, shall comply with all applicable federal, state and county laws governing elections. 9.Indemnification. To the extent permitted by law, the City agrees to indemnify and hold County harmless, including providing reasonable legal defense costs on behalf of the County, as a result of any legal or administrative claim, action, or proceeding brought against the County by any person or entity claiming that the County violated any state or federal law by providing election services u n d e r this Agreement. 10.Interlocal Agreement. In satisfaction of the requirements of the Interlocal Cooperation Act, Title 11, Chapter 13, Utah Code Annotated 1953, as amended ("Interlocal Act"), in connection with this Agreement, the City and the County (for purposes of this section, each a "Party" and collectively the "Parties") agree as follows: (a)This Agreement shall be approved by each Party, pursuant to § 11-13-202.5 of the Interlocal Act; 5 (b)This Agreement shall be reviewed as to proper form and compliance with applicable law by a duly authorized attorney on behalf of each Party, pursuant to Section 11-13-202.5 of the Interlocal Act ; (c)A duly executed original counterpart of the Agreement shall be filed with the keeper of records of each Party, pursuant to § 11-13-209 of the Interlocal Act; (d)Each Party shall be responsible for its own costs of any action done pursuant to this Agreement, and for any financing of such costs; and (e)No separate legal entity is created by the terms of this Agreement. 11.Counterparts. This Agreement may be executed in counterparts by the City and the County. 12.Governing Law. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. 13.Integration. This Agreement, with attached exhibits, embodies the entire agreement between the Parties and shall not be altered except in writing signed by both Parties. 14.No Third Party Beneficiaries. The Parties to this Agreement a r e the C i t y and County; no third party shall have rights or standing to seek the interpretation or enforcement of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year 6 first above written. 1 Exhibit A 2019 Municipal Elections Scope of Work for Election Services The County shall provide to the City an Official Register as required by Utah Code Ann. § 20A-5-401, (as amended). The City shall perform all administrative functions related to candidate filing requirements and all other requirements of Utah Code Ann. § 20A-9-203 (as amended), including all administrative functions related to financial disclosure reporting. The City shall be responsible for all Public Notice(s) required by law. The City may work with the County to publish notices jointly with other jurisdictions. The City shall be responsible for collecting and delivering ballots that are placed in drop boxes within the City to the County in a timely manner and according to a schedule agreed upon by the City and the County up through and including the end of Election Night. The City agrees to consolidate all elections administration functions in the County Clerk to ensure the successful conduct of multiple, simultaneous municipal elections. In a consolidated election, decisions made by the County regarding resources, procedures and policies are based upon providing the same scope and level of service to all the participating jurisdictions and the City recognizes that such decisions shall be made for the benefit of the whole. The County agrees to consult in advance with the City regarding resources, procedures, and policies to assure compliance with the remainder of this Agreement. Nothing in this Exhibit A shall be deemed to repeal or impair the allocation of responsibility otherwise provided in the Agreement. Services the County will perform for the City include, but are not limited to: •Ballot Layout and Design •Ballot Printing •Ballot Mailings •Printing Optical Scan Ballots •Program and Test Voting Equipment •Program Electronic Voter Register •Poll Worker Recruitment and Training •Delivery of Supplies and Equipment •Tabulate and Report Election Results to the City (the City will publish on the City on City Website) •Provisional Ballot Verification •Update Voter History Database •Conduct Audits (as required) •Conduct Recounts (as needed) •Election Day Administrative Support •Operation of one (1) county wide vote center (Exhibit C) The City will provide the County Clerk with information, decisions, and resolutions and will take appropriate actions required for the conduct of the election in a timely manner. 2 The County will provide a good faith estimate for budget purposes (Exhibit B).Election costs are based upon the offices scheduled for election, the number of voters, and the number of jurisdictions participating. The City will be invoiced for its share of the actual costs of the elections which will not exceed the estimated rate in Exhibit B. In the event of a state or county special election being held in conjunction with a municipal election, the scope of services and associated costs, and the method of calculating those costs, will remain unchanged. The costs will be divided between participating jurisdictions i n a manner that is agreed upon by the jurisdictions i n v o l v e d . 3 Exhibit B 2019 Municipal Elections Cost Estimate for Election Services Below is the good faith estimate for the upcoming 2019 Municipal Election for Moab City. The City will be billed for actual costs for each election, according to the sum of ballots printed and mailed, transmitted or mailed overseas, o r c a s t o n a v o t i n g m a c h i n e . T he rate will not exceed the estimated rate of $2.81 plus a printing setup fee of $350 per election. The number of ballots printed and mailed, transmitted or mailed overseas, or cast on a voting machine will be determined by the actual number of ballots printed and/or transmitted, and official canvass results including votes cast provisionally (or otherwise) by voting machine. Rate Breakdown: Programming and Layout $0.63 Ballot Printing $1.50 Ballot Mailing:$0.68 Total Rate $2.81 Printing Setup Fee $350/election Vote recount, election system audit, election contest, or similar event:$16.54/hr/per employee 4 Exhibit C 2019 Municipal Elections Vote Centers Polling & Voter Registration Location: Grand County Clerk’s Office Ballot Drop Box: Moab City Hall & Grand County Clerk’s Office Resolution #45-2019 Page 1 of 1